1989-008-RES WHEREAS, CITY COUNCIL IN RES 88-037 PASSED
RESOLUTION NO. 89-008
WHEREAS, the City Council of the City of Paris did
heretofore in Resolution No. 88-037, passed and adopted on
the 11th day of April, 1988, and revised in Resolution No.
88-102, passed and adopted on the 10th day of October, 1988,
authorize the processing of an application for grant from
the Texas Department of Commerce for the purpose of reha-
bilitation of substandard units in compliance with the Texas
Rental Rehabilitation Program; and,
WHEREAS, the City Manager of the City of Paris was
authorized to execute and process an application for
$300,000.00, being a 100% grant; and,
WHEREAS, the Texas Department of Commerce has offered a
contract for a rental rehabilitation program, being Contract
No. R88006 with an effective date of January 2, 1989, being
attached hereto as Exhibit A; and,
WHEREAS, the form of the contract with Texas Department
of Commerce is attached hereto as Exhibit A, and such form
should be approved; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS:
1. That the form of Contract No. R88006, in the total
amount of $300,000.00 with the Texas Department of Commerce,
attached hereto as Exhibit A is in all things approved.
2. 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
in the form of Exhibit A attached hereto.
Passed and adopted this
January, 1989.
Eric
ATTEST:
~~..~~~
Mattie Cunningham, C ty C er
j;Z;;:;
T. K. Haynes, City Attorney
STATE OF TEXAS ~
COUNTY OF LAMAR ~
I, Mattie Cunningham, hereby certify that I am the duly
appointed, qualified and acting City Clerk of the City of
Paris, Paris, Texas, and as such I have in my possession in
the Office of City Clerk of the City of Paris, all of the
ordinances, resolutions and minutes of the City Council of
the City of Paris, and that the foregoing Resolution No.
89~008 ,is a true and correct copy of the original of said
instrument, which was passed by the City Council on the 2nd
day of February, 1989.
.~
~~~\.'..., '/V"',
Mattie cunni~ity C er
City of Paris, Paris, Texas
TEXAS DEPARTMENT OF COMMERCE
CONTRACT FOR
RENTAL REHABILITATION PROGRAM
STATE OF TEXAS ]
COUNTY OF TRAVIS ]
SECTION 1.
PARTIES TO CONTRACT
This contract and agreement is made and entered into by and between the Texas
Department of Commerce, an agency of the State of Texas, hereinafter referred
to as "Department", and the City of Paris, hereinafter referred to as
"Contractor". The parties hereto have severally and collectively agreed and by
the execution hereof are bound to the mutual obligations and to the
performance and accomplishment of the tasks described herein.
SECTION 2.
CONTRACT PERIOD
This contract and agreement shall commence on January 2, 1989, and shall
terminate on January 1, 1991, unless otherwise specifically provided by the
terms of this contract.
SECTION 3.
CONTRACTOR PERFORMANCE
Contractor shall conduct, in a satisfactory manner as determined by Depart-
ment, a rental rehabilitation program under Section 17 of the United States
Housing Act of 1937, 42 U.S.C. 14370, hereinafter referred to as the Act.
Contractor shall perform all activities in accordance with the terms of the
Performance Statement, hereinafter referred to as Exhibit A; the Applicable
Laws and Regulations, hereinafter referred to as Exhibit B; the Schedule for
Committing Rental Rehabilitation Funds, hereinafter referred to as Exhibit C;
the assurances, certifications, and all other statements made by Contractor in
its application for the project funded under this contract; and with all other
terms, provisions, and requirements set forth in this contract.
SECTION 4.
DEPARTMENT OBLIGATIONS
A. Measure of Liability
In consideration of full and satisfactory performance of the activities
referred to in Section 3 of this contract, Department shall be liable for
actual and reasonable costs incurred by Contractor during the contract period
for performances rendered under this contract by Contractor, subject to the
limitations set forth in this Section 4.
1. It is expressly understood and agreed by the parties hereto that Depart-
ment's obligations under this Section 4 are contingent upon the actual
PAGE 1 OF 11
EXHIBIT A
receipt of adequate sta.e and/or federal funds to meet D~~artment's
liabilities under this contract. If adequate funds are not available to make
payments under this contract, Department shall notify Contractor in writing
within a reasonable time after such fact is determined. Department shall
terminate this contract and will not be liable for failure to make payments to
Contractor under this contract.
2. Department shall not be liable to Contractor for any costs incurred by
Contractor, or any portion thereof, which has been paid to Contractor or is
subject to payment to Contractor, or has been reimbursed to Contractor or is
subject to reimbursement to Contractor by any source other than Department or
Contractor.
3. Department shall not be liable for any costs incurred by Contractor which
are not allowable costs, as set forth in Section 6 of this contract.
4. Department shall not be liable to Contractor for any costs incurred by
Contractor or for any performances rendered by Contractor which are not
strictly in accordance with the terms of this contract, including the terms of
Exhibit A, Exhibit B, and Exhibit C of this contract.
5. Department shall not be liable to Contractor. for any costs incurred by
Contractor in the performance of this contract which have not been billed to
Department by Contractor within sixty (60) days following termination of this
contract unless otherwise provided for in the Project Completion Report(s)
referred to in Section 8(C) of this contract.
6. Department shall not be liable for costs incurred or performances rendered
by Contractor before commencement of this contract or after termination of
this contract.
7. The total amount for all payments for eligible administrative costs, as
specified by Department, incurred by Contractor under this contract shall not
exceed Eighteen Thousand Seven Hundred Fifty and No/100 Dollars ($18,750.00).
B. Excess Payments
Contractor shall refund any sum of money which has been paid to Contractor
under this contract, which Department determines has resulted in overpayment
to Contractor, or which Department determines has not been spent by Contractor
strictly in accordance with the terms of this contract. Such refund shall be
made by Contractor to U.S. Department of Housing of Urban Development (HUD)
within thirty (30) working days after such refund is requested by Department.
C. Limit of Liability
Notwithstanding any other provision of this contract, the total of all amounts
obligated by Department under this contract shall not exceed the sum of Three
Hundred Thousand and No/100 Dollars ($300,000.00).
SECTION 5.
METHOD OF PAYMENT
A. Program Funds: HUD's Cash and Management Information (e/MI) system for
the Rental Rehabilitation Program, Notice CPD 88-09, issued March 8, 1988, and
any modifications thereto, shall be used as the method for disbursement of
rental rehabilitation program funds obligated to Contractor under this
contract.
PAGE 2 OF 11
Disbursement is condi.,oned upon the submission of sat,_,actory information
by Contractor about the project and compliance with other procedures
specified by HUD. HUD will disburse rental rehabilitation funds obligated by
Department under this contract by electronic funds transfer to the depository
institution designated by Contractor. Amounts requested by Contractor will
be disbursed by HUD as closely as possible to the time they are needed by the
Owner to pay eligible rehabilitation costs and such amount shall immediately
be disbursed by Contractor and Owner in payment for eligible costs.
Contractor shall establish a rental rehabilitation deposit account at
designated depository bank and shall not commingle any private or publiC
funds, whether or not such funds are to be used to supplement Rental
Rehabilitation Program funds, in the same account. Contractor expressly
understands and agrees that Department shall not be liable for any damages,
claims, or demands which may be asserted as a result of any action, or
failure to act, by HUD in discharge of its responsibility under the CIMI
system.
B. Administrative Funds: Contractor shall submit a request for
reimbursement on a form specified by Department, no more frequently than
bi-weekly for costs incurred in administering this contract.
C. Notwithstanding the provisions of Section 5{A) ~f this contract, it is
expressly understood and agreed by the parties hereto that payments under
this contract are contingent upon Contractor's full and satisfactory
performance of its obligations under this contract and that Department may,
at its sole option and in its sole discretion, withdraw and reallocate rental
rehabil itation funds- provided-.under this contract based.on Contractor's.
noncompliance with the terms of this contract, applicable laws or regulations
including recipient's failure to meet the schedule for committing rental
rehabilitation amounts as set forth in Exhibit 0 of this contract.
D. It is expressly understood and agreed by the parties hereto that any
right or remedy provided for in this Section 5 or in any other provision of
this contract shall not preclude the exercise of any other right or remedy
under this contract or under any provisions of law, nor shall any action
taken in the exercise of any right or remedy be deemed a waiver of any other
rights or remedies. Failure to exercise any right or remedy hereunder shall
not constitute a waiver of the right to exercise that or any other right or
remedy at any time.
UNIFORM ADMINISTRATIVE REQUIREMENTSt COST
PRINCIPLES, AND ALLOWABILITY OF COS S
A. Contractor shall comply with Office of Management and Budget (OMB)
Circular A-102 as supplemented by the rules promulgated.by the Office of the
Governor at 7 Tex. Reg. 3172 under the Uniform Grant and Contract Management
Act of 1981 {TEX.REV.CIV.STAT.ANN.art.4413 (32g).), hereinafter referred to
as the Management Standards, except to the extent that Department establishes
variations from the Management Standards in accordance with Section 6 of such
Act.
SECTION 6.
B. Except for administrative costs, the allowability of costs incurred for
performances rendered hereunder shall be determined in accordance with OMB
Circular A-122, subject to the following limitations:
PAGE 3 OF 11
Eligible rehabilitation costs shall include only:
1. The actual rehabilitation costs necessary to: (i) correct substandard
conditions as referred to in 24 CFR 511.10(c}(2)j (ii) make essential
improvements including energy-related repairs and improvements to permit the
use of rehabilitated projects by handicapped persons; (iii) repair major
housing systems in danger of failurej and
2. Other costs (soft costs) that are associated with the rehabilitation or
rehabilitation financing and are not for services provided or costs incurred
by the Contractor. Such soft costs may include (but are not limited to)
those costs referred to in 24 CFR 511.10(g)(2).
C. The allowability of costs incurred in administering this contract shall
be determined in accordance with OMB Circular A-B7 as supplemented by the
rules promulgated by the Office of the Governor under the Uniform Grant and
Contract Management Act of 19B1.
SECTION 7.
MAINTENANCE, RETENTION~ ACCESSIBILITY
AND PUBLIC DISCLOSURE OF RECORDS
A... Contractor shall maintain records in such form and such manner as may be
prescribed by HUD or Department that clearly document performance under each
program requirement set forth in Subpart B of 24 CFR 511 and that include, at
a minimum, (i) records sufficient to meet HUD.requirements for the disburse-
ment of rental rehabilitation funds pursuant to 24 CFR 511.74; (ii) data on
the" racial;'" ethnic -and "gender characteri st ics "'Gf -tenants, applicants for
tenancy, and owners of the rehabilitated projects; and (iii) data indi-
cating the race and ethnicity of households displaced as a resu~t of program
activities, and, if available, the address and census tract of the housing
units to which each displaced household is relocated. Records required to be
maintained under this subsection A shall be retained for a period of three
years from the date of final closeout of the rental rehabilitation grant
award to the State of Texas under which monies for this contract were made
available.
B. Contractor shall maintain fiscal records and supporting documentation for
all expenditures of funds made under this contract in a manner which conforms
to HUD requirements, the Management Standards (except to the extent that
Department establishes variations from the Management Standards in accordance
with Section 6 of such Act), and this contract. Contractor shall comply with
the retention and custodial requirements for records as set forth in
Attachment C of OMB Circular A-I02, as supplemented by Section 5.154 of the
Management Standards (except to the extent that Department establishes
variations therefrom).
C. Contractor shall give the United States Department of Housing and Urban
Development, the Inspector General, the Comptroller General of the United
States, the Auditor of the State of Texas, and Department, or any of their
duly authorized representatives, access to and the right to examine, excerpt
and transcribe all books, accounts, records, reports, files, and other
papers, things, or property belonging to or in use by Contractor pertaining
PAGE 4 OF 11
to this contract. Sucn rights to access shall continue dS long as the
records are retained by Contractor. Contractor agrees to maintain such
records in an accessible location. Contractor shall ensure that its
agreements with owners, as defined in Section I of Exhibit A of this
contract, require such owners to provide similar access to their records
pertaining to the use of funds provided under this contract.
D. Contractor shall provide for full and timely disclosure of records and
documents relating to its rental rehabilitation programs consistent with
applicable Federal, State and local laws regarding personal privacy and
obligations of confidentiality. Documents relevant to a Contractor's program
shall be made available at Contractor's office during normal working hours
for citizen review upon request.
E. Contractor shall include the substance of this Section 7 in all subcon-
tracts.
SECTION 8,
REPORTING REQU1REMENTS
A. Contractor shall submit to Department such reports on the operation and
performance of its rental rehabilitation program in such format and at such
times as may be required by Department inc~uding,. but not.limited to, manage-
ment and annual performance reports containing such information as Department
may prescribe.
8. Contractor shall submit a Project Completion Report to Department no'
later than sixty (60). days after the'.completion.ofeach project undertaken
pursuant to Exhibit A of this contract. The Project Completion Report shall
be in a format prescribed by Department and shall include a final Project
Completion Report of all activities performed under this contract.
C. In addition to the limitations on liability otherwise specified in this
contract, it is expressly understood and agreed by the parties hereto that if
Contractor fails to submit to Department in a timely and satisfactory manner
any report required by this contract, Department may, at its sole option and
in its sole discretion, cause any or all payments otherwise due hereunder to
be withheld by placing a stop payment order with HUD. If Department places a
stop payment order, it shall notify Contractor in writing of its decision and
the reasons therefore. A stop payment order placed pursuant to this
subsection shall continue in full force and effect until such time as
Department determines that the delinquent obligations for which funds are
withheld are fulfilled by Contractor.
SECTION 9.
MONITORING
Department reserves the right to perform periodic on-site monitoring of
Contractor's compliance with the terms and conditions of this contract, and
of the adequacy and timeliness of Contractor's performances under this
contract. After each monitoring visit, Department shall prOVide Contractor
with a written report of the monitor's findings. If the monitoring reports
notes deficiencies in Contractor's performances under the terms of this
contract, the monitoring report shall include requirements for the timely
PAGE 5 OF 11
correction of such del .~iencies by Contractor. Failure -I Contractor to take
action specified in the monitoring report may be cause for suspension or
termination of this contract, as provided in Sections 17 and 18 of this
contract.
SECTION 10.
INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that Department
is contracting with Contractor as an Independent Contractor, and that
Contractor, as such, agrees to hold Department harmless and to indemnify
Department from and against any and all claims, demands, and causes of action
of every kind and character which may be asserted by any third party occur-
ring or in any way incident to, arising out of, or in connection with the
services to be performed by Contractor under this contract.
SECTION 11.
SUBCONTRACTS
Contractor may subcontract for the performances described in this contract
without obtaining Department's prior written approval. Contractor, in
subcontracting for any performances described in this contract, understands
and agrees that in entering into such subcontracts, Department is in no way
liable to Contractor's subcontractors.. €ontractor further understands and
agrees that it shall ensure that the performances rendered under all sub-
contracts are rendered so as to comply with all the terms of this contract,
as if such performances were rendered by Contractor.
SECTION 12.
CONFLICT OF INTEREST ,- - ..
.',
A. Contractor covenants that neither it nor any member of its governing body
presently has any interest or shall acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance of this
contract. Contractor further covenants that in the performance of this
contract no person having such interest shall be employed or appointed by
Contractor.
B. No person (i) who is an employee, agent, consultant, officer, or elected
or appointed official of Contractor and who exercises or has exercised any
functions or responsibilities with respect to assisted rehabilitation activi-
ties or (ii) who is in a position to participate in a decision making process
or gain inside information with regard to such activities, may obtain a per-
sonal or financial interest or benefit, direct or indirect, in any contract,
subcontract or agreement with respect thereto, or the proceeds thereunder,
either for themselves or those with whom they have family or business ties,
during their tenure or for one year thereafter.
C. Contractor's employees, officers, and/or agents shall neither solicit nor
accept gratuities, favors, or anything of monetary value from subcontractors,
or potential subcontractors.
SECTION 13.
SECTARIAN ACTIVITY
None of the performances rendered by Contractor under this contract shall
involve, and no portion of the funds received by Contractor under this
contract, shall be used in support of any sectarian or religious activity,
PAGE 6 OF 11
nor shall any facili..cs used in the performance of tl. J contract be used for
sectarian instruction or as a place of religious worship.
SECTION 14.
LEGAL AUTHORITY
A. Contractor assures and guarantees that Contractor possesses the legal
authority to enter into this contract, receive funds authorized by this
contract, and to perform the services Contractor has obligated itself to
perform hereunder,
B. The person or persons signing and executing this contract on behalf of
Contractor, or representing themselves as signing and executing this contract
on behalf of Contractor, do hereby warrant and guarantee that he, she or they
have been duly authorized by Contractor to execute this contract on behalf of
Contractor and to validly and legally bind Contractor to all terms, perform-
ances, and provisions herein set forth.
C. Department shall have the right to suspend or terminate this contract if
there is a dispute as to the legal authority of either Contractor or the
person signing this contract to enter into this contract or to render per-
formances hereunder, Contractor is liable to Department for any money it has
received from Department for performance of the.provisions of this contract,
if Department has suspended or terminated this contract for reasons enumer-
ated in this Section 14,
SECTION 15.
LITIGATION AND CLAIMS
. '..
Contractor shall give Department immediate notice in writing of 1) any
action, including any proceeding before an administrative agency, .filed
against Contractor arising out the performance of any subcontract hereunder;
and 2) any claim against Contractor, the cost and expense of which Contractor
may be entitled to have reimbursed by Department. Except as otherwise
directed by Department, Contractor shall furnish immediately to Department
copies of all pertinent papers received by Contractor with.respect to such
action or claim.
SECTION 16,
CHANGES AND AMENDMENTS
A. Except as specifically provided otherwise in this contract, any alter-
ations, additions, or deletions to the terms of this contract shall be by
amendment hereto in writing and executed by both parties to this contract.
B. It is understood and agreed by the parties hereto that performances under
this contract must be rendered in accordance with the Act, the regulations
promulgated under the Act, the assurances and certifications made to Depart-
ment by Contractor, and the assurances and certifications made to the United
States Department of Housing and Urban Development by the State of Texas with
regard to the operation of the Texas Rental Rehabilitation Program (TRRP).
Based on these considerations, and in order to ensure the legal and effective
performance of this contract by both parties, it is agreed by the parties
hereto that the performances under this contract are amended by the provi-
sions of the TRRP Implementation Manual and any amendments thereto and may
further be amended in the following manner: Department may from time to time
during the period of performance of this contract issue policy directives
PAGE 7 OF 11
whi ch serve to estab Ii sh, interpret, or cl arify perfo"llance requi rements
under this contract. Such policy directives shall be promulgated by the
Director of the Texas Community Development Program in the form of TRRP
issuances, shall have the effect of qualifying the terms of this contract and
shall be binding upon Contractor, as if written herein, provided however that
said policy directives and any amendments to said Manual shall not alter the
terms of this contract so as to release Department of any obligation
specified in Section 4 of this contract to reimburse costs incurred by
Contractor prior to the effective date of said amendments or policy
directives.
C. Any alterations, additions, or deletions to the terms of this contract
which are required by changes in Federal or state law or regulations are
automatically incorporated into this contract without written amendment
hereto, and shall become effective on the date designated by such law or
regulation.
SECTION 17.
SUSPENSIDN
Notwithstanding the provisions of Texas Civil Statutes, Article 601f, in the
event that Contractor fails to comply with any term of this contract,
'Department may, upon written notification to Contractor, suspend this con-
tract in whole or in part and prohibit Contractor from incurring additional
obligations of funds under this contract. Upon suspension of this contract
by Department, Department may cause further payments to Contractor to be
withheld by placing a stop payment order with HUD. A stop payment order
-'p1 aced pursuant- to this sect i on shall continue in full force .and effect unt 11
such time as Department determines that the.delinquent obligations for which
funds are withheld are fulfilled by Contractor.
SECTION 18.
TERMINATION
A. Department shall have the right to terminate this contract, in whole or
in part, at any time before the date of completion specified in Section 2 of
this contract whenever Department determines that Contractor has failed to
comply with any term of this contract. Department shall notify Contractor in
writing prior to the fifteenth (15th) day preceding the date of termination
of such determination; the reasons for such termination; the effective date
of such termination; and in the case of partial termination, the portion of
the contract to be terminated.
B. Either of the parties to this contract shall have the right to terminate
this contract, in whole or in part, when both parties agree that the continu-
ation of the activities funded under this contract would not produce benefi-
cial results conunensurate with the further expenditure of funds; provided
that both parties agree, in writing, upon the termination conditions, includ-
ing the effective date of such termination; and in the case of partial termi-
nation, the portion of the contract to be terminated.
C. Upon termination or receipt of notice to terminate, whichever occurs
first, Contractor shall cancel, withdraw, or otherwise terminate any out-
standing orders or subcontracts related to the performance of this contract
or the part of this contract to be terminated, and shall cease to incur costs
thereunder. Department shall not be liable to Contractor or to Contractor's
creditors for costs incurred after termination of this contract.
PAGE 8 OF 11
.0. Notwithstanding any exercise by Department of its, 19ht of suspension
under Section 17 of this contract, or of early termination pursuant to this
Section 18, Contractor shall not be relieved of any liability to Department
of damages due to Department by virtue of any breach of this contract by
Contractor. Department may cause payments to Contractor to be withheld until
such time as the exact amount ~f damages due to Department from Contractor is
agreed upon or is otherwise determined.
SECTION 19.
AUDIT
A. Unless otherwise directed by Department, Contractor shall arrange for the
performance of a financial and compliance audit of funds received under this
contract, subject to the following conditions and limitations:
1. Contractor shall have an audit made in accordance with the Single Audit
Act of 1984, P.L. 98-502 (hereinafter referred to as "Audit Act"), and OMB's
Circular No. A-128, "Audit Requirements for State and Local Governments," 49
Fed.Reg. 50134 (Dec. 26, 1984), for any of its fiscal years in which
Contractor receives $25,000.00 or more in Federal financial assistance. For
purposes of this Section 19, "Federal financial assistance" means assistance
provided by a Federal agency in the form of grants, contracts, cooperative
agreements, loans, loan guarantees, property, interest subsidies,insurance,
or direct appropriations, but does not include direct Federal cash assistance
to individuals. It includes awards received directly from Federal agencies,
or indirectly through other units of State and local governments.
2. . At the option of Contractor, each audit'requiredby..this section may
cover either Contractor's entire operations or each department, agency, or
establishment of Contractor which received, expended, or otherwise
administered federal financial assistance.
3. Unless otherwise specifically authorized by Department in writing,
Contractor shall submit the report of such audit to Department within thirty
(30) days after the completion of the audit, but no later than one year after
the end of the audit period. Audits performed under this Section 19 are
subject to review and resolution by Department or its authorized
representative. Resolution of findings shall be made within six (6) months
after receipt of the audit report by Department.
B. Contractor shall take such action to facilitate the performance of such
audit or audits conducted pursuant to this Section 19 as Department of the
U.S. Department of Housing and Urban Development (HUD) may require of
Contractor.
SECTION 20.
ENVIRONMENTAL CLEARANCE REQUIREMENTS
A. Contractor understands and agrees that by the execution of this contract
Contractor shall assume the responsibilities for environmental review,
decision-making, and other action which would otherwise apply to Department
under Section 5304{f) of the Housing and Community Development Act of 1974,
in accordance with and to the extent specified in 24 C.F.R. Part 58. In
accordance with Section 58.77{b) of such regulations, Contractor further
understands and agrees that Contractor shall handle inquiries and complaints
from persons and agencies seeking redress in relation to environmental
reviews covered by approved certifications.
PAGE 9 OF 11
B. Contractor shal, ~omplete a written Finding of Ca.~~orical Exclusion, as
applicable under 24 C.F,R. Section 58.35 (a), which cites the subsection of
Section 58.35 (a) by which the activities or projects funded under this
contract are categorically excluded from the National Environmental Policy
Act requirements of 24 C.F.R. Part 58. Contractor shall then publish a
Notice of Intent to Request Release of Funds in the manner prescribed in 24
C.F.R. Section 58.43. Contractor shall provide the public with at least
seven (7) calendar days to comment on the Notice following its publication
date. Finally, Contractor shall concurrently submit to Department the
following documents: 1) a Request for Release of Funds form; 2) the written
Finding of Categorical Exclusion described above; and 3) a Publisher's
Affidavit for the Notice of Intent to Request Release of Funds notice. Upon
receipt of such documents, Department must allow a 15 calendar days comments
period to expire before it can formally release any project funds which are
subject to the environmental review regulations. Contractor must comply with
all other applicable environmental requirements as specified in Exhibit D of
this contract. Contractor shall document its compliance with such other
requirements in its environmental review file.
SECTION 21.
LABOR STANDARDS
A. All laborers and mechanics (except laborers and mechanics employed by
Contractor while acting as the principal contractor on the project) employed
in the rehabilitation of a project assisted under this contract that contains
12 or more dwelling units shall be paid wages at. rates not less than those
prevailing on similar rehabilitation in the locality, if such a rate category
. exists,.. or the -appropriate- rate as determined by.the Secretary of Labor. in..
accordance with the Davis-Bacon Act (40 U.S,C. 276a-276a-5), and contracts
involving their employment shall be subject to the provisions,. as applicable,
of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333).
Contractor shall comply with regulations issued under these Acts and with
other Federal laws and regulations pertaining to labor standards, as
applicable.
B. Contractor shall include the substance of this Section 21 in all subcon-
tracts and shall require Owners to comply with said labor standards, if
applicable, as a precondition to receiving rental rehabilitation funds under
this contract.
SECTION 22.
ORAL AND WRITTEN AGREEMENTS
A. All oral and written agreements between the parties to this contract
relating to the subject matter of this contract that were made prior to the
execution of this contract have been reduced to writing and are contained in
this contract.
B. The attachments enumerated and denominated below are hereby made a part
of this contract, and constitute promised performances by Contractor in
accordance with Section 3 of this contract:
1. Exhibit A,Performance Statement, 4 Pages
2. Exhibit B, Applicable Laws and Regulations, 3 Pages
3. Exhibit C, Schedule for Committing Rental
Rehabilitation Funds, I Page
PAGE 10 OF 11
WITNESS OUR HANDS EFFECTIVE January 2, 1989.
Eric S. Clifford, Mayor
City of Paris
Approved and accepted on behalf of the Texas Department of Commerce.
J. W. Lauderback, Executive Director
Texas Department of Commerce
This contract is not effective unless signed by the Executive Director of the
Texas Department of Commerce or by his authorized designee.
PAGE 11 OF 11
EXHIBIT A
PERFORMANCE STATEMENT
Contractor shall use rental rehabilitation funds to help support the
rehabilitation of privately owned real property to be used for primarily
residential rental purposes in order to help provide affordable, standard
housing for lower income families and to increase the availability of housing
units for the use of voucher and certificate. holders under Section 8 of the
United States Housing Act of 1937. Contractor shall carry out eligible
rehabilitation activities under the Texas Rental Rehabilitation Program
("TRRP") in a manner which shall comply with the requirements of this
contract, including this Exhibit A.
Sect ion 1.
REHABILITATION OF PRIVATE PROPERTY
Contractor shall rehabilitate substandard rental units by providing rental
rehabilitation funds to each Owner for the project specified in Owner's rental
rehabilitation program application. The amount of rental rehabilitation funds
for any project shall not exceed $8,500 based on a sliding scale depending on
the number of bedrooms in each unit, and shall not exceed 50% of the total
cost of eligible rehabilitation costs with respect to the project unless
Contractor applies for, and Department approves in writing, a higher amount
for a project. The minimum level of rehabilitation of projects to be required
for participation in the rental 'rehabili tatl on' program shall not be less than
an average of $600 per dwelling unit per project for eligible rehabilitation
costs. For purposes of this contract, including this Exhibit~, "Owner" means
one or more individuals, corporations, partnerships, or other legal entities
that hold valid legal title to the property to be rehabilitated.
Sect i on II.
LOWER INCOME BENEFIT
At least 70% of the amount of rental rehabilitation funds provided under this
contract shall be used for the benefit of lower income families. For purposes
of this Section II, benefit for lower income families will be considered to
occur only where dwelling units in projects rehabilitated with rental
rehabilitation funds are initially occupied by such families after
rehabilitation. "Lower income family. means a lower income family, as defined
in 24 CFR 813.102.
Section III. PRIMARILY RESIDENTIAL RENTAL USE
Rental rehabilitation funds shall only be used to rehabilitate projects to be
used for primarily residential rental uses. For purposes of this Section III,
a project is used for primarily residential rental purposes if at least 51% of
the rentable floor space of the project is used for residential rental
purposes after rehabilitation, except that in the case of a two-unit building,
at least 50% of the rentable floor space after rehabilitation must be used for
residential rental purposes.
Section IV.
CORRECTION OF SUBSTANDARD CONDITIONS
Rental rehabilitation funds shall only be used to rehabilitate projects
PAGE 1 OF 4
which, before rehabilitation, have one or more substandard conditions. After
rehabilitation, each unit in the project must, at a minimum, meet the Section
8 Housing Quality Standards for Existing Housing contained in 24 CFR
882.109. For purposes of this Section IV, substandard conditions are those
housing conditions that do not meet applicable State or local housing codes
or do not meet the Section 8 Housing Quality Standards.
Section V.
SELECTION OF ELIGIBLE NEIGHBORHOODS
Rental rehabilitation funds shall only be used to assist the rehabilitation
of projects located in neighborhoods (a) where the median income does not
exceed 80% of the median income for the area, and (b) which meet the rent
affordability standard set forth in 24 CFR 511.10(d)(2).
Section VI.
DISPLACEMENT OF LOWER INCOME FAMILIES
Rental rehabilitation funds may be used to rehabilitate structures only if
the rehabilitation of the structure will not'.cause the disp1acement of very
low-income families by families who are not very low-income families.
Displacement results if a lower income family is forced to move permanently
from a project as a direct consequence of rehabilitation assisted under this
contract. A lower income family may not be displaced without financial and
advisory assistance sufficient to enable the family to obtain decent, safe,
.and sanitary housing at an affordable rent (as defined in 24 CFR .
Sll.10(h)(1)(ii)(B)). .
Section VII. ADOPTION OF TENANT ASSISTANCE POLICY
Before the establishment of a program account on behalf of Contractor under
the CIMI system is authorized by Department, Contractor shall adopt and
submit to Department a written tenant assistance policy (which shall be made
available to the public upon request) concerning displacement, relocation
assistance, and other assistance to tenants who reside or will reside in
projects to be rehabilitated with funds provided under this contract. The
tenant assistance policy shall be developed in accordance with the guidelines
specified in 24 CFR 511.10(h)(2) and shall be subject to Department's
approval.
Section VIII. PROHIBITION AGAINST CONDOMINIUM CONVERSION
Prior to the time Contractor agrees to provide rental rehabilitation funds to
an Owner for an identifiable rehabflitation project, Contractor shall execute
a legally enforceable agreement, containing remedies adequate to enforce its
provisions, with the Owner under which the Owner agrees not to convert the
units in the project rehabilitated with rental rehabilitation funds to
condominium ownership or any form of cooperative ownership not eligible to
receive rental rehabilitation funds (as provided in 24 CFR 511.10(c)) for at
least ten (10) years beginning on the date on which the rehabilitation of the
units in the project is completed.
Section IX.
DISCRIMINATION AGAINST SUBSIDIZED TENANTS
Prior to the time Contractor agrees to provide rental rehabilitation funds to
an Owner for an identifiable rehabilitation project, Contractor shall execute
a legally enforceable agreement, containing remedies adequate to enforce its
PAGE 2 OF 4
provisions, with the Owner under which the Owner agrees not to discriminate
against prospective tenants on the basis of their receipt of, or eligibility
for, housing assistance under any Federal, State or local housing assistance
program or, except for a housing project for elderly persons, on the basis
that the tenants have a minor child or children who will be residing with
them, for at least ten (10) years beginning on the date on which the
rehabilitation of the units in the project is completed.
Section X.
USE OF RENTAL REHABILITATION FUNDS FOR HOUSING FOR FAMILIES
Contractor shall ensure that an equitable share of rental rehabilitation
funds provided under this contract will be used to assist in the provision of
housing designed for occupancy by families, including large families with
children. This requirement will be deemed satisfied if at least 70% of the
rental rehabilitation funds made available to Contractor is used to
rehabilitate units containing two or more bedrooms and at least 15% are made
available to rehabilitate units containing 3 bedrooms or more.
Section XI.
PRIORITY FOR USE OF RENTAL REHABILITATION FUNDS
Contractor shall ensure that a priority will be given to rehabilitating
projects containing units with substandard conditions that are occupied by
very low-income families before rehabilitation.
. ..". . .Section XII. . NONDISCRIMINATION AND EQUALOPPORTUNlTY
Contractor agrees that rental rehabilitation funds will be made available in
conformity with the nondiscrimination and equal opportunity requirements
contained in the applicable laws and regulations which are set out in
Sections I and III of Exhibit C of this contract. Failure of Contractor to
meet the requirements of such applicable laws and regulations will result in
appropriate corrective or remedial action as.provided for in this contract,
in addition to any other sanctions authorized by law.
Section XIII. AFFIRMATIVE MARKETING OF UNITS
A. Before the establishment of a program account on behalf of Contractor
under the CIMI system is authorized by Department, Contractor shall adopt and
submit to Department written procedures and requirements for affirmatively
marketing units in rehabilitated projects through the prOVisions of
information regarding the availability of units that are vacant after
rehabilitation or that later become vacant. Affirmative marketing steps
consist of good faith efforts to provide information and otherwise to attract
eligible persons from all racial, ethnic and gender groups in the housing
market area to the available housing. At a minimum, the affirmative
marketing requirements and procedures adopted must be in conformity with 24
CFR SI1.10{m){2){i). Contractor shall establish assessment procedures and
criteria for its affirmative marketing program and shall annually assess such
program to determine whether good faith efforts have been made to carry out
such procedures and requirements, what objectives have been met, and what
corrective actions are required.
PAGE 3 OF 4
B. Prior to the time Contractor agrees to provide rental rehabilitation
funds to an Owner for an identifiable rehabilitation project, Contractor
shall execute a legally enforceable agreement, containing remedies adequate
to enforce its provisions, with the Owner under which the Owner agrees to
comply with the conditions of Contractor's affirmative marketing requirements
and procedures adopted under subsection (A) of this Section XIII that shall
be applicable for a period of seven years beginning on the date on which all
the units in the project are completed.
Section XIV. SELECTION OF PROPOSALS AND EVIDENCE OF FINANCIAL FEASIBILITY.
Before the establishment of a program account on behalf of Contractor under
the CIMI system is authorized by Department, Contractor shall develop and
submit to Department written standards and procedures governing Contractor's
selection of proposals of Owners which include but are not limited to, (i)
the extent to which the proposal represents the efficient use of rental
rehabilitation amounts and voucher and certificate assistance in connection
therewith, and (ii) the extent to which the dwelling units involved will be
adequately maintained and operated with rents at the levels proposed.
Moreover, before selection of a proposal by Contractor occurs, Contractor
must have evidence demonstrating the financial feasibility of the proposed
rental rehabilitation project, including the availability of non-Federal
governmental and private resources.
PAGE 4 OF 4
...
EXHIBIT B
THE APPLICABLE LAWS AND REGULATIONS
Contractor shall comply with the Act specified in Section 3 of this contract
and with the rules and regulations promulgated thereunder pertaining to the
Rental Rehabilitation Program in 24 C.F.R. Part 511, as amended; the OMS
Circulars and the Management Standards specified in Section 6 of this
contract; and with all other federal, state, and local laws and regulations
applicable to the activities and performances rendered by Contractor under
this contract including but not limited to the laws, and the regulations
promulgated thereunder specified in Sections 1 through VI of this Exhibit C.
1. CIVIL RIGHTS
Title VI of the Civil Rights Act of 1964, (42 U.S.C. Sec. 2000d et seq.); 24
C.F.R. Part 1, "Nondiscrimination in Federally Assisted Programs of the
Department of Housing and Urban Development - Effectuation of Title VI of the
Civil Rights Act of 1964";
Title VIII of the Civil Rights Act.of 1968, "The Fair Housing Act of 1968" (42
U.S.C. Sec. 3601 et seq.);
Executive Order 11063, as amended by Executive Order 12249, and 24 C.F.R. Part
107, "Nondiscrimination and Equal Opportunity in Housing under Executive Order
11063.". The failure or refusal of Contractor to comply with the requirements
of Executive Order 11063 or 24 C.F,R. P~rt 107 shall be a proper basis'for the
illlposition of sanctions specified in n C.F.Ri '107;'60; . ..
The Age Discrilllination Act of 1975 (42 U.S.C, Sec. 6101 et seq.);
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) and
"Nondiscri.ination Based on Handicap in Federally-Assisted Programs and
Activities of the Departlent of Housing and Urban DevelOpMent," 48 Fed. Reg.
22470 (May 18, 1983) and 48 Fed. Reg. 27528 (June 15, 1983) and
The Architectural Barriers Act of 1968 (42 U.S.C. Sec. 4151 et seq.).
II. LABOR STANDARDS
The Davis-Bacon Act, as a..nded (40 U.S.C. Secs. 276a - 276a-5) as applicable,.
The Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) as
applicable..
.See Section 21 of this contract.
111. EMPLOYMENT OPPORTUNITIES
Section 3 of the Housing and Urban Developlent Act of 1968 (12 U.S.C. Sec.
1701u) .
Executive Order 11246 and the regulations issued pursuant thereto (41 C.F.R.
Chapter 60).
Executive Orders 11625, 12432, and 12138.
PAGE 1 OF 3
IV. LEAD-BASED NT ~
Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Sees. 4821-4846) and
implementing regulations at 24 C.F.R. Part 35.
V. ENVIRONMENTAL STANDARDS AND HISTORIC PRESERVATION
Section 104(f) of the Housing and Community Development Act of 1974 (42 U.S.C.
Sec. 5301 et.seq.) and 24 C.F.R, Part 58.
National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.).
The National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.) as
amended; particularly Section 106 (16 U.S.C. Sec. 470f) , except as provided in
24 C.F.R. Sec. 58.17;
Executive Order 11593, Protection and Enhancement of the Cultural Environment,
May 13, 1971 (36 Fed. Reg. 8921), particularly Section 2(c);
The Reservoir Salvage Act of 1960 (16 U.S.C. Sec. 469 et seq.), particularly
Section 3 (16 U.S.C. Sec. 469a-l), as amended by the Archeological and
Historic Preservation Act of 1974;
Flood Disaster Protection Act of 1973, (42 U.S.C. Sec. 4001 et seq.) as
amended, particularly Sections 102(a) and 202(a) (42 U.S.C. Sec. 4012a(a) and
Section 4106(a));
Executive Order 11988, Floodplaln Management, May' 24, 1977 (42 Fed. Reg.
26951), particularly Section 2(a);
Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 Fed. Reg.
26961), particularly Sections 2 and 5;
The Coastal Zone Management Act of 1972, (16 U.S.C. Sec. 1451 et seq.) as
amended, particularly Section 307(c) and (d) (16 U.S.C. Sec. 1456(c) and (d));
The Coastal Barrier Resources Act of 1982, (16 U.S.C. Sec. 3501 et.seq.),
particularly Section 307 (c) and (d) .(16 U.S.C. Sec. 3504 and 3505);
The Safe Drinking Water Act of 1974, (42 U.S.C. Sec. 201, 300(f) et seq.), and
(21 U.S.C. Sec. 349) as amended, particularly Section 1424(e) (42 U.S.C. Sec.
300h-303(e));
The Endangered Species Act of 1973, (16 U.S.C. Sec. 1531 et seq.) as amended,
particularly Section 7 (16 U.S.C. Sec. 1536);
The Wild and Scenic Rivers Act of 1968, (16 U.S.C. Sec. 1271 et seq.) as
amended, particularly Section 7(b) and (c) (16 U.S.C. Sec. 1278(b)'and (c));
The Clean Air Act (42 U.S.C. Sec. 7401 et seq.) as amended, particularly
Section 176(c) and (d) (42 U.S.C. Sec. 7506(c) and (d)); and,
Farmland Protection Policy Act of 1981, (7 U,S.C. Sec. 4201 et.seq),
particularly Section 1540 (b) and 1541 (7 U.S.C. Sec. 4201 and 4202); and
24 C.F.R. Part 51, Environmental Criteria and Standards.
PAGE 2 OF 3
~
VI. USE OF DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS
24 CFR Part 24, Debarment, Suspension and Ineligibility of Contractors and
Grantees; Administrative Sanctions.
PAGE 3 OF 3
EXHIBIT C
CITY OF PARIS
SCHEDULE FOR COMMITTING RENTAL REHABILITATION FUNDS
Contractor shall have rental rehabilitation funds received under
this contract committed to specific local projects in accordance with the
timetable set out below. "Commit to specific local projects" means a
legally binding agreement between Contractor and an Owner under which the
Contractor agrees to provide rental rehabilitation funds to the Owner for
an identifiable rehabilitation project that can reasonably be expected to
start construction within 90 days after the commencement date of the
agreement and the Owner agrees to start construction within that period.
Upon written request by Contractor, Department may, at its sole option
and in its sole discretion, alter and amend the schedule for committing
rental rehabilitation funds by written letter of notification. This
notification procedure shall be an exception to Section 16 of this
contract requiring all amendments to be in writing and executed by both
parties thereto.
1st Quarter 2nd Quarter 3rd Quarter
FFY1989 FFY 1989. FFY.1989 .
4th Quarter
FFY1989
January-March April-June July-September
October-December
$35,000.00 $70,000.00 $105,000.00
$140,000.00
1st Quarter 2nd Quarter 3rd Quarter
FFY 1990 FFY 1990 FFY 1990
4th Quarter
FFY 1990
January-March April-June July-September
October-December
$175,000.00 $210,000.00 $250,000.00
$300,000.00
PAGE 1 OF 1