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1991-029-RES WHEREAS, the City Council of the City of Paris did heretofore in Resolution 90-058, passed and adopted RESOLUTION NO. 9I-029 WHEREAS, the City Council of the City of Paris did heretofore in Resolution 90-058, passed and adop~ed on the 5th day of July, 1990, authorize the processlng of an application for grant from the Texas Department of Commerce for the purpose of rehabilitation of substandard units in compliance with the 1990 Texas Community Development Program in the amount of $200,000.00; and, WHEREAS, the Texas Department of Commerce, by letter dated December 21, 1990, attached hereto as Exhibit "C", has awarded said grant in the amount of $200,000.00 to the City of Paris; and, WHEREAS, the City of Paris is in need of services under the Owner/Occupied Housing Program as funded in said grant; and, rehabilitation Rehabil i tat ion WHEREAS, Robert Jones, President of R,I.M. Enterprises, Inc., has made a proposal of such services, which have been incorporated in the form of a contract attached hereto as Exhibit "A", and has submitted the City of Paris Housing Development Fund Program Design, attached hereto as Exhibit "B"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the City of Paris Housing Development Fund Program Design, attached hereto as Exhibit "B", is hereby approved; and, BE IT FURTHER RESOLVED, that the form of contract for administration and related services for the City of Paris Owner/Occupied Housing Rehabilitation Program funded through the Texas Housing Development Fund of the Texas Department of Commerce between R.I.M, Enterprises, Inc,. and the City of Paris attached hereto as Exhibit "A", is accepted; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the contract with R.I.M. Enterprises, Inc., in the form of Exhibit "A" attached hereto. Passed and adopted this 7th day of March, 1991. ,,~::, 2, ATTEST: Mattie Cunningham, Ci APPROVED AS T0 FORM: CONTRACT FOR ADMINISTRATIVE SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 11th day of February, 1991, by and between the CITY OF PARIS , State of Texas Ihereinafter called the "City"l, acting herein by Mayor Eric Clifford, hereunto ~uly authot'ized, ar,d R. 1. M. Er.tet'prises, Ir.c. Ihet'eir,aftet' called the "Cc'r,sultant"l actir,g hereir. by Robert L. Jones, J,'. and Chat-Ies F. Lucas. WITNESSETH THAT: WHEREAS, the City of Paris desires to implement a project under the general direction of the Texas Department of Commerce , Housing Development Fund, and WHEREAS, the City desires to utilize the services of R.I.M. Enterprises, Inc. to render certain rehabilitation services in connection with the City's Housing Development project funded by the Texas Department of Commerce. NOW, THEREFORE, the parties dc. mutually agree as follows: 1. Scope of Services Prepare necessary forms pack. Prepa,'e arid hold Cor.tractors Confe,'er,ce. Provide contractor eligibility verification. Screen applicants for eligibility. Draft Specifications and Cost Estimate. Assist Qwrler" irl selectioYI of CorltractOt..... Prepare and submit documents to Housing Board. Assist Owner with Construction Contract. Provide Interim inspections. Collect necessary close-out documents. Assist Owner in Contractor payment. Provide City with all records. c.. Time of Performance The services Feb,'ua,'y 11 ces reqlli red completed 1'10 of R.I.M. Enterprises will commence on 1991. In ar,y event, all of the servi- and pe,'fon"ance he,'e~ll",der shall be later than January 1, 1993. EXHIBIT A 3. Access to Information It is agreed that all information, data, reports aYld records Ylecessary tel cat"ry Clut the WClt"k des- cribed above shall be furnished to R.I.M. Enter- prises by the City and its agel'",cies. No charges will be made to R.I.M. for such information and the City will cooperate with R.I.M. Enterprises in every way possible to facilitate the perfor- maY'lce of the wot"k desct....ibed iY'1 the contr.act. 4. Compensation and Method of Payment The max irnufIl cl:lmpeYlsat iOYI arid t"eimbursemel'"lt to be paid f,,,,' the services 1 isted above shall not exceed Nineteen Thousand Five Hundred Dollar- s. Payment to Consultant shall be based upon sat isfactory completion of identifed services listed under Scope of Work. Any additional units completed above the 30 will be reimbursed to the Consultant at the unit rate of $650.00. Payment shall be made in response to invoices submitted by the Consultant. 5. Indemni ficat ion R.I.M. Enterprises, Inc. shall comply with the requirements of all applicable laws, rules and reg- ulations, and shall exonerate, indemnify, and hold harmless the City aY"ld its agency members from aYld against them, and shall assume full responsibility for payments of Federal, State and ~ocal taxes on cOYltribl.ltiol'"ls imposed or requit"ed uYlder the social security, workman's compensation, and income tax laws. 6. Miscellaneous Provisions a. This agreement shall be construed under and accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Lamar County, Texas. b. This agreement shall be binding upon and ensure to the benefit of the parties hereto and to their respective heirs, executors, administra- tors, legal representatives, successors, and assigns where permitted by this Agreement. c. In any case one or more of the provisions con- tained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable iy, <my t'espect, such invalidity, illegality, Cot' unenforceabi1ity shall not affect any other provision thereof and this Agreement shall not be construed as if such invalid, or unenforce- able provision had never been contained herein. d. If any action at law or in equity i~ necessary to enforce or interpret the terMS of this Agre- eMent, the prevailing party shall be entitled to reasonable attorney's fees, costs, and nec- essary disbursement in addition to any other relief to which such party is entitled. e. This AgreeMent May be aMended by Mutual agree- ment of the parties hereto and a writing to be attached to and incorporated into this agree- merit. IN WITNESS HEREOF, the parties have hereunto set their hands and seals. CITY OF PARIS R. 1. M. ENTERPRISES, INC. Eric Clifford, Mayor Robert L. Jones, Jr., Pres. ATTEST: Mattie CunninghaM, City Secretary CITY OF PARIS HOUSING DEVELOPMENT FUND PROGRAM DESIGN FEBRUARY, 1991 RIM ENTERPRISES, INC. P.O. BOX 881 PITTSBURG, TEXAS 75585 EXHIBIT B HEADING I rlt rod llct i Crr-I CITY OF PARIS Table of Contents General Definitions Chapter 1 City Map Chaptet' 2 Chapter 3 Chapter 4 Chapter 5 Chapter 5 Chapter 7 Chapter 8 Chapter 9 Chapter 10 Eligibility Requirements Cost Allowable in Grants Limitations on Grants Solitication, Submission and Processing of Applications Terms and Conditions Underwhich Gral'".ts are Made Determination of Work to be Done Contracting for Rehabilitation Work Contractor Requirements Inspection, Cloes-Out and Final Payrnel'",t Applicants Eligibility to Appeal PAGE 1 -, 0::. 3 5 5 7 8 10 11 12 13 14 15 CITY OF PARIS HOUSING DEVELOPMENT FUND PROGRAM DESIGN INTRODUCTION The purpose and objective of this Rehabilitation Program of own- er occupied housiYlg is to assist low to fIlode.,....ate iY'lcome families to obtain decent, safe and sinitary housing. Further, through revitalization and conservation of existing housing stock, the City seeks to restore and preserve environ- mentally pleasir,g neighborhoods, encou,'age additior,al he,me mair,- tenance, and provide incentive for redevelopment. -1- GENERAL DEFINITIONS OWNER-OCCUPIED RESIDENCE- A property occupied by the c,wr,e.' which is used by a single family for residential purposes only. REHABILITATION STANDARDS- Standard Building Code as adopted by the City of Paris. REHABILITATION COSTS- The future costs of repairs, improvements and other incidentials incurred by an applicant for the rehabil- itatie,n of eligible property finar,ced by g.'ant flmds. ELIGIBILITY INCOME- Actual annual income from all sources as stipulated and based upon 125~ of poverty income of the area. If sufficient applicants are not obtained, those at or below 80Y. of median income may be selected. PROGRAM GOVERNING BODY- The Housing Board as established by the Mayor and City Council of Paris, Texas. PROGRAM ADMINISTRATOR- RIM Er,terprises, Ir,c. as st i pulated in the contracts. -2- CHRPTER 1. ELIGIBILITY REQUIREMENTS 1.1 Rpplicant Requirements For R Grant To be eligible for a rehabilitation grant, the applicant must be an individual or fa~lily who owns and occupies a single family dwelling used for residential purposes only, located within the City limits. In addition, the property must have at least one condition which constitutes a code violation as stipulated in the Standard Building Code. 1.2 Validation of Ownership Rpplicants must supply a Deed, Deed of Trust, or Warranty Deed to verify ownership. Contracts of Sale or Contracts of Deed will not be accepted. 1.3 Establishing Eligibility For R Grant a. Housing unit must be owner occupied. b. Rpplicant must reside in a single family dwelling located within the City limits. c. The following table shall be used to establish a applicants eligibility based upon gross family annual income at the time of application: NUMBER OF PERSONS 125" POVERTY 80" MEDIRN 1 2 3 4 5 6 7 8 $ 7,850 10,525 13,200 15,875 18,550 21 , 225 23,900 26,575 $14,300 16,300 18,350 20,400 22,350 23,700 25,000 26,300 For additional members add: 2,675 2,675 1.4 Income Verfication The applicants staternent eof incorne shall be verfied by their most recer,t tax return. Other acceptable documentatior, includes: Social Security, SSI Statement of Benefits, Statement from DHHS for RFDC, Ur,employment Insurance Statemer,t, etc. Income from all forms, for each member residing in the unit, must be verfied. -3- 1.5 Rehabilitation Grant Approval Units will be rehabilitated following the eligibility procedure on a first-come, first-served basis. Applicants who haved received grants from the City in the last 10 years will be ineligible for grant assistance. -4- CHAPTER 2. COSTS ALLOWABLE IN REHABILITATION GRANTS 2.1 General A rehabilitation grant will be made only to cover the cost of rehabi I i tat ion necessa,'y to make owne,'-occupied, si ng le-fami ly resider,t ial property cor,form to lc,cal cc,des, arId other costs as provided in this section. 2.2 Includable Costs a. Requirement of the City: (1) The repair or removal and replacement of elements of the dwelling structure, including basic equipment and other improvernerlts to the property such as garages and steps. The term "basic equipmerlt" ir,cl'.tdes such items as heat- ing furnace, water heater, electrical and plumbing sys- tems and sanitary fixtures. (2) The provisior, of sar,itary or other facilities, including provision, expansion, and finishing of space necessary to accomodate those facilities. b. Incipient Violations An incipient violation exists if, at the time of the inspec- tion, it is determined that the condition of an element in the structure will deteriorate into an actual violation within the near future. c. Building Permits And Construction Administration The cost of building permits, fees and specific construct- ion administration will be allowable and covered by the grant. Filing fees and the cost of legally binding documents shall be eligible under the grant. 2.3 Costs Not Includable a. Materials, fixtur'es, equipmer,t c,r landscaping of a type or quality which exceeds that customarily used in the locality for properties of the same general type as the property to be rehabilitated. b. Acquisition of land. -6- CHAPTER 3 LIMITATION OF REHABILITATION GRANTS 3.1 Limitation Of Grant AMount The aMount of rehabilitation grant shall not exceed the actual cost of the repairs and iMproveMents necessary to Make the prop- erty conforM with local codes. Including all sources, the aver- age grant aMount is $7,500. Grants exceeding this aMount will be evaluated on a case-by-case basis. In no circu,"stance may the City expend, from all sources, more than $10,000 per unit. 3.2 Rehabilitation Exceeding PrograM LiMits For units which cannot be brought to local codes with the ex- penditure of the maximum grant aMount, the following procedure will be followed: Applicant will be notified in writing of the infeasibility of their application. If the applicant can provide for funding over the available grant aMount, the City will reconsider the feasibility of the application. These funds 'Rust be in cash, made available to the City prior to construction. If an additional lien is tied to these funds, it must be subordinate to the City. 3.3 Contingency Funds There will be no s~ aside for contingency. Any change in the contract amount will be approved by the City, in writing, and prior to the modification of scope of work. -7- CHAPTER 4 SOLICITATION, SUBMISSION AND PROCESSING OF APPLICATIONS 4.1 Solicitation Of Application And Records a. All notices, interviews and application activities will be carried out in facilities located within the community. b. All official records will be kept on file within City offices. c. Processing and maintenance of records will comply with existing legislation. 4.2 Processing And Submissions For A Rehabilitation Grant Listed below are the functions to be performed in connection with a rehabilitation grant: a. Following a public notice, applicants will be interviewed and advised of the objectives of the program. b. Applicants will be advised of the availability and benefits of a g,-ay,t. c. Eligibility of applicant will be determined. Official verfi- cation of income and ownership will be obtained. d. Property will be inspected. e. Work Write-Up/Cost Estimate of required work will be done. f. Amount of grant necessary to complete unit will be deter filiY"led. g. Applicant will be advised of the conditions underwhich a grant will be made. h. Selection of contractor based upon established list will be made. Price will be negotiated. i. Completed application package is persented to Housing Board for approval. j. Construction contract and all closing documents are prepared and signed. k. Owy,er issues Neotice To Proceed to contracte,r. 1. Inte,-im inspectioy,s are made as necessary. -8- m. Final inspection is made. r,. Cor,tractcw provides c,wr,et' with; 1 year warranty, releases from all sub contractors and suppliers. o. Assist owner in the complete payment to contractor. p. Aid applicant in exercising a 1 year warranty made by the contt'actm' wher, necessary. 4.3 Approval Of Grant Application If the rehabilitation grant amount is sufficient to repair the structut'e tc' local c,:>des, the application shall be presented to the Housing Board. When signed it will be considered approved. 4.4 Grant Cancellation An approved rehabilitation grant may be cancelled because the applicant has requested cancellation, or is unwilling or unable to proceed with the rehabilitation work. The City may cancel a rehabilitation grant if it is determined that irlfclrmatioY'1 given is incorrect or irlcomplete. In either event the City will prepare a letter of cancellation and mail to owner. City will retain a copy. 4.5 Grant Repayment Eligibility for receiving a rehabilitation grant is based on the non-sale or transfer of the property for a period of four years following construction completion. Should the property be sold prior to the end of the fourth year, the owner will be required to repay the principal amount of the grant in the following way: a. If sold within the first year, the total amount is due. b. If sold during the second year, 75~ is due. c. If sold during the third year, 50~ is due. d. If sold during the fourth year, 25~ is due. e. After the fourth arn",iversat'y of completion of con- struction, the grant is forgiven and this lien is considered null and void by the City of Paris. -9- CHAPTER 5 TERMS AND CONDITIONS UNDERWHICH REHABILITATION GRANTS ARE MADE 5.1 Rehabilitation Grant Conditions The specific terms and conditions with respect to a rehabilita- tion grant are incorporated into the application. The applicant shall agree, and by signing the application does agree to: a. Civil Rights: Comply with all DHUD requirements with respect to Title VI of the Civil Rights Act of 1964, to not descriminate on the basis of race, color, creed, or national origin in the sale lease, rental, or occupancy of subject property. b. Cancellation of Grant: Return of the grant proceeds with no right, interest, or claim ir, the prc:,ceeds, if the grant is car.celled before the rehabilitation work is started, c. Use of Proceeds: Use of grant proceeds only to pay for costs of materials and services necessary to carry out the rehabilitation work for which the grant will be approved. d. Completion of Work: Assure the rehabilitation work shall be carried out promptly and efficiently through written contract but with the prior concurrance of the Program Governing Body. e. Inel i g i ble Cor,tractors: Not award any contract for rehabilitation work to be paid for in whole or in part with the proceeds of the grant, to any contractor now appearing on a debarment list provided by DHUD and approved by the Program Body. f. Inspectior.: Inspection by the City or it's designee of the property, the rehabilitation work and all contracts, materials, equipment, payrolls, and conditions pertaining to the work. g. Recc:.,-ds: Keep such records as may be required by the City. h. Interest: Not permit any member of Cor,gress or City employee to share in the proceeds of or any benefit arising from the grant. i. Relocatior.: There will be no relocation required under the grant. -10- CHAPTER 5 DETERMINING WORK TO BE DONE WITH A REHABILITATION GRANT 5.1 Property Inspection The progt'am ad",il'"listratc.r shall inspect the prc.perty and shall prepare an inspection report which identifies each deficiency with respect to local codes, and other deficiencies which may be corrected through a rehabilitation grant. 5.2 Work Write-Up And Cost Estimate A work write-up and cost estimate is a statement prepared by Program Administrator based UPOl'"' the property inspection report that itemizes all the rehabilitation work to be done on the property, and includes an estimate of the cost of each item. The cost estimate shall be reasonable and reflect actual costs prevailing in the locality for comparable work. -11- CHAPTER 7 CONTRACTING FOR REHABILITATION WORK 7.1 Form Of Contract The construction contract will consist of a document signed by the contractor and accepted by the applicant upon approval of the rehabilitation grant. The contract shall contain a bid and proposal by the contractor as well as specifications for the work to be done. 7.2 Use Of Alternatives The cc,r,tract dc,cl.lfner,t rnay provide for altet'r,ates (char,ge corders) by which the bidder, as part of his bid and proposal, offers in- ct'eases or decreases to the lump sum corltract price to cover al- ternates for work to be performed. Change Orders will be initi- ated by the Program AdministratCot' arId approved by the Applicant ar,d Cor,tractc't'. 7.3 Selection Of Contractor The Program Administrator will perform outreach/notification of work to contractors. Contractors will make application on forms provided by the City. Work arId banking referer,ces will be checked. Area HUD office will be contacted in order to determine if cor,tr'actot' has beer, debart'ed from HUD projects. Contractors on approved list will be selected, in turn, as projects become available. The contractor, using staff work write-up will walk through unit in order to prepare his bid. At. a subsequent meeting with Program Administrator, the Con- tractor will present his bid. Bids within 10~ of staff estimate will be accepted. Approved contractors who fail to bid on units selected, and/or continue to demonstrate unrealistically high bids or who demon- strate an unwillingness or inability to perform work as re- quired, will be removed from the list. New contractors, when making application during program, will be added to approved contractor's list and be assigned a unit when applicable. After the successful completion of their first contract, more than one unit may be assigned to a contractor at one time. 7.4 Labor Performed By Owner The owner rnay complete some tasks if he has the skills required to perform the work involved and if no license is required. The grant shall rIot reimburse the owner Cot' his family fcor any work performed. -12- CHAPTER 8 CONTRACTOR REQUIREMENTS 8. 1 Contractor Approval Before a contractor is placed on the approved list the following procedure must be completed: a. Contractor must submit approved application to City. b. Contractor must not appear on the HUD debarment list. c. The Prograrn Admiy,isb'atot' must vet'ify a positive histc'ry of acceptable performance and/of business practice. d. Approval by the Housiy,g Board must be obtaiy,ed pt'ior to letting the contract. 8.2 Provisions For Continuous Eligibility The contractor must continue to perform his work in a satisfac- tory manner as well as correcting deficiencies on completed jobs iy, order to remaiy, on the approved contractor's list. 8.3 Removal From The Approved Contractor's List In the event a contractor fails to comply with any of the re- quirements listed in this section, he shall be removed from the list for cause by the Housing Board. -13- CHAPTER 9 INSPECTION, CLOSE-OUT, AND FINAL PAYMENT IY'lspectic1n of constructi':'Y'1 work shall be made il"'l accordaY"lce with the fc,llowi~lg: a. Progress Inspections: A compliance inspection of the rehabilitation work shall be made as apprQpriate during the cOl"'lstructioY"1 peric1d. b. Fi~lal Inspectio~" Upon completion of the rehabilitation work and receipt of the contractor's invoices including his certification of satisfactory completion in accordance with the contract and his warranty, a final inspection will be scheduled. c. Final Payment: When the fi~,al inspection verifies work requit'ed by the contract has been satisfactorily completed, consultant shall obtain from the contractor; Releases of Liens, copy of each warra~lty due, a~ld final permit approval. A request for Payment shall be submitted to the City. 9.1 Certification Of Final Inspection Afte,' it has bee~1 determi~led the rehabilitatie'~1 we,rk has bee~1 fully and satisfactorily completed and the final inspection form obtained, any and all necessary paperwork will be processed and disbursed. 9.2 Close-Out Files The City will receive from the contractor and all subcont,'actors releases of claims on the property and warranties for equipment installed and copies of final permit approval. These documents will be retained in City files. -14- CHAPTER 10 APPLICANT'S ELIGIBILITY TO APPEAL 10.1 Applicant's Intent To Appeal: The applicant must make his appeal known by filing a letter to the Housing Board. a. Assistance in preparation of the letter of appeal will be provided by the City or it's designee. b. Applicant will be notified of the time and place of the next appeals hearing and informed that either him or his rep- resentative must be present at the appeal. 10.2 Hearing The Appeal The appeals proceeding is designed to allow each person an equi- table opportunity to express their views and reasons for believ- ing they have been unfairly denied housing rehabilitation as- sistance. Applicants and selected speakers listed on the appeals notice will be alloted five minutes each for their statements. In addition, any person may submit written statements on behalf of the applicant. At the conclusion of the appeals presentation, each member of the Appeals Board (Housing Board) will be given the opportunity to ask questions in an effort to obtain perti- nent facts. The appeals board will then adjourn to consider their decision. Each person making an appeal will be notified in writing within one week as to the findings of the Board. -15- - TEX, \s I )EI ~\1 IT\II':NT( W (:( )~I\] 1,:1 {( :I'~ December 21, 1990 Mr. Michael E. Malone City Manager, City of Paris Post Office Box 9037 Paris, Texas 75461 Dear Mr. Malone: We at the Texas Department of Commerce are pleased to inform you that City of Paris has been awarded a grant in the amount of $200,000 for a housing rehabilitation program. This award is made available through the Texas Community Development Program. A representative from Commerce will be contacting you in the near future to execute a contract agreement. Thank you for your continuing efforts to improve the quality of life in your community. If you have any questions or if we can provide any assistance during the course of this project, please do not hesitate .to call Ms. Ruth Cedillo, Commerce Program Manager of the Texas Community Development Program, at (512) 320-9507, WDT:RC:rd RErr-r' '--f', \ (. ~~. L'. t V l~. LJ . DEe 2 ::, 1990 CITY 1;;, :", CLi, p MUS, 'n{:Zi~S !-"ir"'l <:il\'Cellln: XIII (:( HlgrL"~'" ."tlilt. 12(111 Auslin. 'li:x:L'" ""'X701 'It.:lepholll:' -) 12 . .i: 2 . '50:;9 E\.'\ 'i12. .~20. 96~~ EXHlBITC 1'1 Isf OflicL' I\( IX 1272X Capit<)1 St:lli(>!l Austin, Texa... "7H711