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1989-041-RES WHEREAS, CITY COUNCIL IN RES NO 89-008 PASSED RESOLUTION NO. 89-041 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 89-008, passed and adopted on the 2nd day of January, 1989, accept Texas Department of Conunerce Contract for Rental Rehabilitation Program in the amount of $300,000.00; and, WHEREAS, the City of Paris is in need of rehabilitation services under the Rental Rehabilitation Program as funded in said grant; and, 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; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the proposal of R.I.M. Enterprises, Inc., in the form of contract between the City of Paris and R.I.M. Enterprises, Inc. , 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 1989. Eric S. C i ATTEST: ~~.~~~~) Mattie Cunning am, City C er APPROVED AS 0 FORM: - T. K.Haynes, City Attorney ;.' ..:.'. ,', Y' :., CONTRACT BETWEEN THE CITY OF PARIS'. AND R.I.M. ENTERPRISES, INC. FOR ADMINISTRATIVE SERVICES This Contract, made, entered into, and executed this _____ day of. , 1989, by and between the City of Paris, hereinafter called and referred to as the 'City' and R.I.M. Enterprises, Inc., hereinafter called and referred to as 'Consu1tant', for the purpose of providing administrative services for the City of . Paris, Texas, 1988 Rental Rehab Program, hereinafter called and referred to as the 'Program.' WIT N E SSE T H WHEREAS; the City de~ires to contract with the services of the Consultant for work as defined under the Scope of Services. AGREEMENT NOW, THEREFORE, mutual convenants and follows: the City and the Consultant, in consideration of the agreements herein contained, do mutually agree as The City agrees to employ the Consultant and the Consultant agrees to perform administrative services in connection with the Program as stated herein subject to the requirements of the Texas Department of Commerce as outlined in the Contract executed with the City of . Paris, Texas. For . having rendered such services, the City agrees to pay to the Consultant compensation for these services as provided herein. 1. SCOPE OF SERVICES. The Consultant will provide services necessary for the proper administration of all aspects of the program in accordance with the requirements of the Texas Department of Commerce. These services include, but are not limited to. the following: A. Preparation of forms package. B. Outreach to investors and lenders. C. Preparation of app1icatlons. D. Completion of feasibility studies. E. .Review of rehabilitation to be completed with notice of inspection. . F. Drafting of terms of subordinated loans. EXHIBIT A G. Request for draw down of funds based upon invoices from owner. H. Provide owner with required wording of Deed and Real Estate loan papers. I. Require recorded Deed from owner. J. All performance reports as required by the Texas Department of Commerce. II. COMPENSATION. The City shall pay, and the Consultant agrees to accept as full compensation for services to be performed under this contract, fees and payment as outlined below: A. A maximum of Five Hundred Dollars ($SOO.OOl, payable as outlined herein, shall be compensation for each housing rental unit rehabilitated to standards as specified by the Department of Housing and Urban Development and the City. B. The consultant shall bill the city for one-half of the amount specified herein when the rental rehabilitation loan is approved by the City Council. The consultant shall bill the city for the remaining one-half of the amount specified herein when transfer of HUD funds is complete. All requests for payment shall specifically list the task which the consultant has performed which warrants payment, and shall be submitted to the Director of Community Development and Planning for approval. The Director shall then submit the request for payment to the Finance Department for processing and payment to the Contractor in a timely matter. Ill. TERMINATION OF CONTRACT. The contract may be terminated by any of the following conditions: A. Mutual agreement and consent of both parties thereto. B. Written notice by the City to the Consultant as a consequence of failure by the Consultant to perform the services herein set forth in a satisfactory manner and within the limits provided, proper allowances being made for circumstances beyond the control of the 'Consultant. C. Written notice by the Consultant to the City for failure to fulfill the City's obligations as set forth herein. D. By City if the Texas Depart.ent of Commerce withdraws approval of the Rental Rehabilitation Program in. the City. E. By satisfactory completion of all services and obligations described herein. V. OWNERSHIP OF DOCUMENTS. Upon terminati~ of this contract, all documents prepared by the Consultant or furnished to the Consultant by the City shall be delivered to and become the permanent property of the City. VI. OFFICE SPACE. The City agrees to provide Consultant with office space for a period not to exceed eight hours per week. VII. CONFERENCE. At the request of the City or the Consultant, conferences shall be provided at the City Offices. VIII. COMPLIANCE WITH LAWS. The Consultant shall comply with all Federal, State, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, or administrative bodies or tribunals in any matter affecting the performance of this contract, including, without limitation, Title VI of the Civil Rights Act of 1964 (PL88- 352), as amended, and all other applicable Federal and State Civil Rights Statutes. When required. the Consultant shall furnish the City with satisfactory proof of compliance therewith. IX. SUCCESSOR AND ASSIGNS. The City and the Consultant each binds himself, his successors, executors, administrators, and assigns to the other party, this agreement and all related covenants. Neither the City nor the Consultant shall assign, sublet, or transfer his interest in this agreement without the written consent of the other. X. WARRANTIES OF SIGNATORY. The undersigned signatory or signatories for the Consultant hereby represent and warrant that the signatory is an officer of the organization for which he has executed this contract and that he has full and complete authority to enter into this contract on behalf of his firm. The above stated representations and warranties are made for the purpose of inducing the City to enter into this contract. Xl. DURATION OF CONTRACT. It 1s expressly understood and agreed to by both parties that the contract shall be effective on the date of signature by the City and shall be 1n full force and effect until January I, 1991 or until the .oney set aside for this program 1s expended. .~':.., ,. " IN Services duplicate I9B9. WITNESS WHEREOF, the Parties have signed or caused their counterparts hereof on this the THE CITY OF -PARIS BY Eric S. Clifford, l1ayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORH: T. K. Haynes, City Attorney to Contract for Administrative respective names to be signed to day of RIM ENTERPRISES, INC. BY Robert L. Jones, President BY Charles Lucas , Vice President ATTEST; Secretary STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Eric S. Clifford, Mayor of the City of Paris, Paris, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this of April, 1989. day Notary Public, State of Texas Printed Name: My commission expires: STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Robert L. Jones, President of RIM Enterprises, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consid- eration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this of April, 1989. day Notary Public, State of Texas Printed Name: My commission expires: