07 - Assignment of Third Party Administrator AgreementNo. 7
TO: Mayor, Mayor Pro Tem & City Council
FROM: Grayson Path, City Manager
SUBJECT: Assignment of Third Party Administrator Agreement
HOME Program
DATE: April 11, 2022
BACKGROUND:
The City of Paris and Resource Management & Consulting Co (RMC) signed an agreement on
January 22, 2020 for third party administrative services for the City's 2019 Texas Department of
Housing and Community Affairs HOME Program (HOME). As a recap, the HOME program is
designed to either rehabilitate or replace qualified homes for income -qualified individuals. This
program has been very successful (other than a lag during CoVid-19). We have been very pleased
with RMC's services.
STATUS OF ISSUE:
RMC has made the decision to downsize their services and therefore is requesting the City's
permission to assign their third party administrative agreement to GrantWorks, Inc. This is
applicable to all of their HOME program and CDBG program clients. They will continue to serve
as the City's third party administrator for the ARPA program.
Under the City / RMC Agreement, Part IV Section 6 allows assignment of the agreement upon
City's written consent.
The City is familiar with GrantWorks, Inc. They are a large entity that performs third party
administrative grant work for many communities. They have not branched out as much in
northeast Texas, which is partly why this request for assignment is taking place. We have not had
a chance to meet them, but as RMC is no longer going to provide this service, we need to assign
the role to continue with our program. With this said, we are confident, based on our conversations
with Mr. Charles Edwards, that our 2019 HOME Program will be handled correctly and
successfully. We currently have 14 active projects under the 2019 program which we foresee to
be completed by February 2023. The City has recently submitted for the next round of HOME
program funding, at which time we will be required to bid out for third party administrator services
(which would have been true even if RMC has not made the decision to downsize this service).
The terms and conditions of the existing agreement would remain the same.
BUDGET:
N/A — No change to the agreement.
OPTIONS:
1. Authorize the City Manager to sign the written consent to assign the TDHCA HOME RSP
Contract Number 2019-0013 from Resource Management & Consulting Co to
GrantWorks, Inc.
2. Reject the request to assign the agreement and/or request additional information.
RECOMMENDATION:
1. Authorize the City Manager to sign the written consent to assign the TDHCA HOME RSP
Contract Number 2019-0013 from Resource Management & Consulting Co to
GrantWorks, Inc.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING THE GRANT OF WRITTEN CONSENT TO ASSIGN THE
TDHCA HOME RSP CONTRACT NO. 2019-0013 FROM RESOURCE
MANAGEMENT AND CONSULTING CO. TO GRANTWORKS, INC.;
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY
DOCUMENTS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Paris and Resource Management and Consulting Co. (RMC)
signed an agreement on January 22, 2020 for third party administrative services for the
City's 2019 Texas Department of Housing and Community Affairs HOME Program (HOME)
to rehabilitate or replace qualified homes for income -qualified individuals; and,
WHEREAS, RMC has downsized their services and therefore is requesting the City's
permission to assign their third party administrative agreement to GrantWorks, Inc. with
terms and conditions remaining the same; and,
WHEREAS, under the City agreement with RMC, Part IV Section 6 allows assignment
of the agreement upon the City's written consent; and,
WHEREAS, the City currently has 14 active projects under the 2019 program which
we foresee to be completed by February 2023; and
WHEREAS, the City Council finds and determines that assignment of the TDHCA
Home RSP Contract No. 2019-0013 from Resource Management and Consulting Co. to
GrantWorks, Inc. is in the best interest of the city and hereby authorizes the City Manager
to execute all necessary documents;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby
in all things approved.
Section 2. That the City Manager is hereby authorized to execute all necessary
documents to allow Resource Management and Consulting Co. to assign the TDHCA Home
RSP Contract No. 2019-0013 to GrantWorks, Inc. as attached hereto and incorporated
herein as Exhibit "A".
Section 3. That this resolution shall be effective from and after its date of
passage.
PASSED AND APPROVED this 11th day of April, 2022.
Paula Portugal, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
MANAGEMENT/ADMINISTRATION SERVICES
PART
AGREEMENT
THIS AGREEMENT, entered into this 22nd day of January, 2020 by and between the CITY OF PARIS
hereinafter called the "City", acting herein by Steve Clifford, City Mayor, hereunto duly authorized, and
RESOURCE MANAGEMENT & CONSULTING CO., hereinafter called "the Contractor", acting herein by
Charles Edwards, Vice President.
WTTNESSETH THAT:
WHEREAS, the City of Paris desires to implement the following: HOME Reservation System program under
the general direction of the Texas Department of Housing and Community Affairs HOME program (hereinafter
called "HOME'); and Whereas the City desires to engage Resource Management & Consulting Co. to render certain
professional administrative services in connection with this HOME Reservation System Project 2019-0013.
NOW THEREFORE, the parties do mutually agree as follows:
1. Definitions:
Throughout this document:
a. "Agreement" refers to the contract between a city and a professional or administrative services
Contractor to assist with the administration, construction, engineering or implementation of all or any
portion of a HOME grant from the Texas Department of Housing and Community Affairs.
b. "Contractor" refers to a professional or administrative services Contractor engaged to assist with the
administration, construction, engineering or implementation of all or a portion of a HOME grant from
the Texas Department of Housing and Community Affairs.
c. "Parties" refer to the Contractor and the City,
2. Scope of.Services
The Contractor will perform the services set out in Part Il, Scope of Services.
3. TimeTof ,...... Performance - The services of the Contractor shall commence on January 22, 2020. In any event,
f the services required and performed hereunder shall be completed no later than the close of the
City's HOME program contract 2019-0013.
4. wr11a1Pro;aiam Lrason -For purposes of this Contact, the City Mayor or equivalent authorized person
serve as the Local Program Liaison and primary point of contact for the Contractor. All required
progress reports and communication regarding the project shall be directed to this liaison and other local
personnel as appropriate.
5. Access Information - The City, the Texas Department of Housing and Community Affairs, the Texas
State Auditor's Office, the Comptroller General of the United States, or any successor agency or
representative, shall have access to any books, documents, papers and records relating to the Contractor's
agreement with the City or the administration, construction, or implementation of the HOME award
between TDHCA and the City.
ti be Comnensation
d M
paid hereunder
of I?a_yment -The maximum amount of compensation and reimbursement to
der shall not exceed the values identified in the attached schedule. Payment to the
Contractor shall be based on satisfactory completion of identified milestones in Part III - Payment
Schedule of this Agreement.
7. Indemnification — The Contractor shall comply with the requirements of all applicable laws, rules and
regulations, and shall exonerate, indemnify, and hold harmless the City and its agency members fi-om and
against any and all claims, costs, suits, and damages, including attorneys' fees, arising out of the
Contractor's performance or nonperformance of the activities, services or subject matter called for in this
agreement or in connection with the management and administration of the HOME contract, and shall
assume full responsibility for payments of Federal, State and local taxes on contributions imposed or
required under the Social Security, worker's compensation and income tax laws.
8. Miscellaneous Provisions
a. This Agreement shall be construed under and in 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 inure to the benefit of the parties hereto and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this Agreement.
c. In any case one or more of the provisions contained in this Agreement shall for any reason be held to
be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall
not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal,
or unenforceable provision had never been contained herein.
d. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements ui
addition to any other relief to which such party may be entitled.
e. This Agreement may be amended by mutual agreement of the parties hereto and a writing to be
attached to and incorporated into this Agreement.
9. Extent of Agreement
This Agreement, which includes Parts I-IV, including all cxhibitslattachments: represents the entire and
integrated agreement between the City and the Contractor and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended only by written
instrument signed by authorized representatives of both City and Contractor.
IN WITNESSETH WHEREOF, the parties have executed this Agreement by causing the same to be signed
on the day au d year first abpve written.
BY.
-
(Local City ( )fficial)
Steve Clifford
(Printed Name)
CiLv Magor
(Title)
BY:
(Contractor's Authorized Representative)
Charles Edwards
(Printed Name)
Vice President
(Title)
PART H
SCOPE OF SERVICES
The Contractor shall provide the following scope of services:
A. Project Manngipent
I. Develop a recordkeeping system consistent with program guidelines, including the establishment of a
filing system.
2. Maintenance of filing system.
3. Provide general advice and technical assistance to the City personnel on implementation of project and
regulatory matters.
4. Furnish City with necessary forms and procedures required for implementation of project.
5. Assist the City in meeting all special condition requirements that may be stipulated in the contract
between the City and TDHCA.
6. Prepare and submit to TDHCA documentation necessary for amending the HOME contract.
7. Conduct re -assessment of environmental clearance for any program amendments.
S. Prepare Financial Information Report for City.
9. Establish procedures to document expenditures associated with local administration of the project.
10. Provide guidance and assistance to City regarding acquisition of property:
• Submit required reports concerning acquisition activities to TDHCA;
• Establish a separate acquisition file for each parcel of real property acquired;
• Determine necessary method(s) for acquiring real property;
• Prepare correspondence to the property owners for the City's signature to acquire the property or to
secure an easement; and
+ Assist the City in negotiation with property owner(s).
11. Intake and review all HOME HRA applications.
12. Provide responses and/or processing to all HOME HRA applications received.
13. Serve as liaison for the City during any monitoring visit by staff representatives from either TDHCA or
the U.S. Department of Housing and Urban Development (HUD).
B. Financial Management
1. Assist the — - ----
City in proving its ability to manage the grant funds to the state's audit division.
2. Assist the City in establishing and maintaining a bank account (Direct Deposit account) and/or separate
local bank account, journals and Iedgers.
3. Assist the City in submitting the required Accounting System Certification letter, Direct Deposit
Authorization Form (if applicable), and/or Depository/Authorized Signatory form to TDHCA.
4. Prepare all fund drawdowns on behalf of the City in order to ensure orderly, timely payments to all
contracting parties within the allotted time period.
5. Review invoices received for payment and file back-up documentation.
6. Provide general advice and technical assistance to City personnel on implementation of project and
regulatory matters.
7. Assist the City in establishing procedures to handle the use of any HOME program income.
C. Environmental Review_
1. Prepare environmental nmental assessment, as necessary.
2. Coordinate environmental clearance procedures with other federal or state agencies and interested
parties responsible for implementing applicable laws.
3. Document consideration of any public comments.
4. Prepare any required re -assessment of environmental assessment.
5. Prepare Request for Release of Funds and certifications to be sent to TDHCA.
D. Acquisition
1. Prepare required acquisition reports(s).
2. Obtain documentation of ownership for City -owned property and/or Right of Way (ROWS).
3. Maintain a separate file for each parcel of real property acquired.
4. Determine necessary method(s) for acquiring real property.
5. Prepare correspondence with property owners.
6. Assist City in negotiations with property owner(s).
7. Prepare required acquisition reports and submit to TDHCA.
E. Construction Mana,,Bemeht
1. Establish procedures to document expenditures associated with local construction of the project (if
force account is applicable).
• Assist City in determining whether and/or what HOME contract activities will be carried out in
whole or in part via force account labor.
• Assist City in determining whether or not it will be necessary to hire temporary employees to
specifically carry out HOME contract activities.
• Assist City in maintaining adequate documentation of personnel, equipment and materials
expended/used and their costs.
2. Assist City in documenting compliance with all federal and state requirements related to equal
employment opportunity.
3. Assist City in documenting compliance with all federal and state requirements related to minimum
wage and overtime pay requirements.
4. Assemble bid packets with house plans and specifications according to all federal, state and local
requirements.
5. Advertise for bids.
6. Verify construction contractor eligibility with TDHCA.
7. Review construction contract.
8. Conduct pre -construction conference and prepare minutes.
9. Issue Notice of Start of Construction.
10. Process change orders approved by City.
11. Obtain Certificate of Construction Completion and submit to TDHCA.
12. Provide general advice and technical assistance to City personnel on implementation of project and
regulatory matters.
F. Fair Housing /,Equal Opportunity
1. Assist the City in developing, implementing and documenting new activities to affirmatively further fair
housing during the contract period.
2. Maintain documentation of all project beneficiaries by ethnicity and gender.
3. Assist with the development and administration of the Citizen Participation Plan per 24 CFR Part 91,
including grievance procedures.
4. Assist with Section 3 requirements per 24 CFR Part 135.
5. Prepare all Section 504 requirements per 24 CFR Part 8.
6. Provide all applicable equal opportunity provisions and certifications for inclusion in bid packet.
7. Ensure adoption of Excessive Force provision per 24 CFR Part 91.
8. Ensure the adequate publication of required notices.
G. Relocation
1. Prepare and submit local relocation guidelines to TDHCA for approval,
2. Assist City in identifying individuals to be relocated and prepare appropriate notices.
3. Interview relocatees and identify assistance needs.
4. Maintain a relocation record for each individual/family.
5. Provide education/assistance to relocatees.
6. Inventory local available housing resources and maintain a referral list.
7. Issue appropriate notices to relocatees.
8. Ensure that all payments are made in a timely manner.
H. Rehabilitation of Private Prod ei
1. Prepare and submit local rehabilitation guidelines to TDHCA for approval.
2. Assist City in establishing escrow account and obtaining TDHCA approval.
3. Develop outreach and necessary application processing/verification forms.
4. Screen applicants.
5. Prepare work write-ups and cost estimates.
6. Issue Notice to Proceed to construction contractor(s).
7. Conduct interim/final inspections, process final contract documents, and maintain a record of
beneficiaries.
8. Maintain client files following TDHCA requirements.
Audit / Close-out Procedures
. Prepare
rp ort he fin .........
Project Completion Report, including the General Report, Recipient Beneficiary
Report, Financial Interest Report, and any required documentation regarding citizen
participation/equal rights/fair housing and Certificate of Completion.
2. Assist City in resolving any monitoring and audit findings.
3. Assist City in resolving any third party claims.
4. Provide auditor with HOME audit guidelines.
Part III - Payment Schedule
Administrative Schedule of Values for Professional Services
4% of HOME project construction cost (estimated $100,000)
Values ase on TDHCA cost for 1 house
_. _w._.._ .... ............_.allowable_._... _._._p. _...
ww_ -
% of Fee
Fee Amount
Pro ram Mana ement
20%
800.00
Provide general advice to client (City) and City staff with respect to implementation of
program, prepare/ assist client with all necessary documentation (not including soft
cost related activities) regarding submission and execution of contract, waivers,
amendments and provide information to governing body. Act as liason between
Count and TDHCA
Recordkeepinq_as_Ftquiredmb r TDHCA
20%
800.00
Client/construction manarementieam/homeownerh overnment liason
10%
400.00
m�ITIT_m
Affirmative Marketing
ITITITITIT__
15%
600.00
�_..._.._.. ..
Fincancial Management_www
..._ .. .. .
15%
600.00
�m ITIT IT_ ITIT mITITITIT_mm_IT
Required Closeout Information _..._
_m
20%
................_....
800.00
Prepare final project completion reports, prepare all match contributions reports as
required, review and make recommendation to the City for certificate of completion
re or#with su �ortinc documentation. Assist with Pro ;ram Monitorin
Total
100%
-40000.00
Adminstrative fee does not include elegible soft cost,
Project Softcost Schedule of Values for Professional Services
Soft Cost Schedule based on 1 activity (estimated $100,000)
* Recording fees, appraisals, down -date endorsements and any other cost outside the scope mentioned
PART IV
TERMS AND CONDITIONS
1. Terminationfor Cause. If the Contractor fails to fulfill in a tamely and proper manner its obligations
under this Agreement, or if the Contractor violates any of the covenants, conditions, agreements, or
stipulations of this Agreement, the City shall have the right to tenninate this Agreement by giving
written notice to the Contractor of such termination and specifying the effective date thereof, which
shall be at least five days before the effective date of such termination. In the event of termination for
cause, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs and reports prepared by the Contractor pursuant to this Agreement shall, at the option of
the City, be turned over to the City and become the property of the City. In the event of termination for
cause, the Contractor shall be entitled to receive reasonable compensation for any necessary services
actually and satisfactorily performed prior to the date of termination.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of contract by the Contractor, and the City may set-off the
damages it incurred as a result of the Contractor's breach of contract from any amounts it might
otherwise owe the Contractor.
2. Termination for Convenience of the City. The City may terminate this Agreement at any time by giving
at least ten (10) days' notice in writing to the Contractor. If this Contract is terminated for convenience,
the City will pay the Contractor for actual services rendered up to the termination date, based on the
charges for time, labor, expenses and other items specified in the Agreement.
3. Changes. The City may, from time to time, request changes in the services the Contractor will perform
under this Agreement. Such changes, including any increase or decrease in the amount of the
Contractor's compensation, must be agreed to by all parties and finalized through a signed, written
amendment to this Agreement.
Resolution of Program Non -Compliance and Disallowed _Costs. In the event of any dispute, claim,
---
question, or disagreement arising from or relating to this Agreement, or the breach thereof, including
determination of responsibility for any costs disallowed as a result of non-compliance with federal, state
or HOME program requirements, the parties hereto shall use their best efforts to settle the dispute,
claim, question or disagreement. To this effect, the parties shall consult and negotiate with each other
in good faith within 30 days of receipt of a written notice of the dispute or invitation to negotiate, and
attempt to reach a just and equitable solution satisfactory to both parties. If the matter is not resolved
by negotiation within 30 days of receipt of written notice or invitation to negotiate, the parties agree
first to try in good faith to settle the matter by mediation administered by the American Arbitration
Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or
some other dispute resolution procedure. The parties may enter into a written amendment to this
Agreement and choose a mediator that is not affiliated with the American Arbitration Association. The
parties shall bear the costs of such mediation equally. [This section may also provide for the
qualifications of the mediator(s), the locale of meetings, time limits, or any other item of concern to the
parties.] If the matter is not resolved through such mediation within 60 days of the initiation of that
procedure, either party may proceed to file suit.
5. Personnel.
a. The Contractor represents that he/she/it has, or will secure at its own expense, all personnel
required in performing the services under this Agreement. Such personnel shall not be employees of
or have any contractual relationship with the City.
b. All of the services required hereunder will be performed by the Contractor or under its supervision
and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted
under State and Local law to perform such services.
c. None of the work or services covered by this Agreement shall be subcontracted without the prior
written approval of the City. Any work or services subcontracted hereunder shall be specified by
written contract or agreement and shall be subject to each provision of this Agreement.
6. Assi nag bility. The Contractor shall not assign any interest on this Agreement, and shall not transfer any
interest in the sarne (whether by assignment or novation), without the prior written consent of the City
thereto; Provided, however, that claims for money by the Contractor from the City under this
Agreement may be assigned to a bank, trust company, or other financial institution without such
approval. Written notice of any such assignment or transfer shall be furnished promptly to the City.
7. Reports and. Information. The Contractor, at such times and in such forms as the City may require, shall
furnish the City such periodic reports as it may request pertaining to the work or services undertaken
pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith,
and any other matters covered by this Agreement.
8. Records and Audits. The Contractor shall insure that the City maintains fiscal records and supporting
documentation for all expenditures of funds made under this contract in a manner that conforms to 2
CFR 200.300-.309, 24 CFR 570.490, and this Agreement. Such records must include data on the racial,
ethnic, and gender characteristics of persons who are applicants for, participants in, or beneficiaries of
the funds provided under this Agreement. City shall retain such records, and any supporting
documentation, for the greater of three years from closeout of the Agreement or the period required by
other applicable laws and regulations.
9. Findinvs Confidential. All of the reports, information, data, etc., prepared or assembled by the
Contractor under this contract are confidential and the Contractor agrees that they shall not be made
available to any individual or organization without the prior written approval of the City.
10. Copyright. No report, maps, or other documents produced in whole or in part under this Agreement
shall be the subject of an application for copyright by or on behalf of the Contractor.
11. Compliance_ with Local Laws. The Contractor shall comply with all applicable laws, ordinances and
codes of the State and local governments, and the Contractor shall save the City harmless with respect
to any damages arising from any tort done in performing any of the work embraced by this Agreement.
12. Conflicts of interest.
a. Governing. Body_. No member of the governing body of the City and no other officer, employee, or
agent of the City, who exercises any functions or responsibilities in connection with administration,
construction, engineering, or implementation of the HOME award between TDHCA and the City
shall have any personal financial interest, direct or indirect, in the Contractor or this Agreement;
and the Contractor shall take appropriate steps to assure compliance.
b. Other Local Public .Officials. No. other public official who exercises any functions or
responsibilities in connection with the planning and carrying out of administration, construction,
engineering or implementation of the HOAGIE award between TDHCA and the City shall have any
personal financial interest, direct or indirect, in the Contractor or this Agreement; and the
Contractor shall take appropriate steps to assure compliance.
c. Contractor and Emplo ees. The Contractor warrants and represents that it has no conflict of interest
associated with the HOME award between TDHCA and the City or this Agreement. The
Contractor further warrants and represents that it shall not acquire an interest, direct or indirect, in
any geographic area that may benefit from the HOME award between TDHCA and the City or in
any business, entity, organization or person that may benefit from the award, The Contractor
further agrees that it will not employ an individual with a conflict of interest as described herein.
13. Debarment and Sus pen nsion_(Executive Orders 12549 and 12689,). The Contractor certifies, by entering
into this Agreement, that neither it nor its principals are presently debarred, suspended, or otherwise
excluded from or ineligible for participation in federally -assisted programs under Executive Orders
12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235). The term
"principal" for purposes of this Agreement is defined as an officer, director, owner, partner, key
employee, or other person with primary management or supervisory responsibilities, or a person who
has a critical influence on or substantive control over the operations of the Contractor. The Contractor
understands that it must not make any award or permit any award (or contract) at any tier to any party
which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal
assistance programs under Executive Order 12549, "Debarment and Suspension."
Federal Civil Rir!hts Compliance.
14. Equal Opportunity Clause (applicable to contracts and subcontracts over $10,000).
During the performance of this contract, the Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will
take affirmative action to ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or
national origin. Such action shall include, but not be limited to the following: Employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive considerations for employment without
regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
c. The Contractor will not discourage or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a formal
complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish
information.
d. The Contractor will send to each labor union or representative of workers with which lie has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the Contractor's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
e. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
f. The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency and
the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
g. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or
with any of the said mules, regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the Contractor may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
h. The Contractor will include the portion of the sentence immediately preceding paragraph (a) and the
provisions of paragraphs (a) through (h) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor
or vendor. The Contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions, including sanctions for
noncompliance: Provided, however, That in the event a Contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency the Contractor may request the United States to enter into such litigation to
protect the interests of the United States.
15. Civil Righ „Act pf 1„964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the
grounds of race, color, religion, sex, or national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity receiving Federal financial
assistance.
16. Section 109 o t th
_ a o�uCommu
lniiy Develo ��ment Act of 1974. The Contractor shall comply
e Hsm � an mm
with the provisions of Section 109 of the Housing and Community Development Act of 1974. No
person in the United States shall on the ground of race, color, national origin, religion, or sex be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds made available under this title.
17. Section 504 Rehabilitation Act of 1973, _asamended. The Contractor agrees that no otherwise qualified
individual with disabilities shall, solely by reason of his/her disability, be denied the benefits of, or be
subjected to discrimination, including discrimination in employment, under any program or activity
receiving federal financial assistance.
18. Aue Discrimination Act of 1.975. The Contractor shall comply with the Age Discrimination Act of
1975 which provides that no person in the United States shall on the basis of age be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or
activity receiving federal financial assistance.
DATE
Grayson Path
City of Paris City Manager
135 1st Street SE
Paris, TX 75460
RE: 2019 TDHCA HOME RSP CONTRACT NUMBER 2019-0013
Dear Mr. Path:
As we have discussed, GrantWorks, Inc., is purchasing certain assets of my firm, Resource Management and
Consulting Co. The City previously executed an agreement with Resource Management and Consulting Company
for Professional Management ("Agreement") for the above referenced HOME HRA project. In order to complete
the transaction between Resource Management and Consulting Co and GrantWorks, Inc., I request that the City
approve assignment of Resource Management and Consulting Co's' interest in the Agreement to GrantWorks,
Inc. so they may provide the required professional management services to you.
The "assignability clause" of my contract with your City must be invoked in order to accomplish this. The text of
the clause appears here for your reference:
6. ASSIGNABILITY
The Firm [Resource Management & Consulting Co.] shall not assign any interest on this Agreement
and shall not transfer any interest in the same (whether by assignment or novation), without the
prior written consent of the Locality thereto, Provided, however, that claims for money by the Firm
from the Locality under this Agreement may be assigned to a bank, trust company, or other financial
institution without such approval. Written notice of any such assignment or transfer shall be
furnished promptly to the Locality.
I am requesting that the City grant this permission so that I can assign the balance of the Agreement's scope of
work and payments to GrantWorks, Inc.. If the assignment is approved by the City, future payments for services
rendered under the original contract between the City and Resource Management and Consulting Co. would be
made directly to GrantWorks, Inc. and all future invoices under this contract will come to you directly from
GrantWorks, Inc. To consent to this assignment, please sign the enclosed document and mail it to me at the
following address:
Resource Management and Consulting Co.
c/o GrantWorks, Inc.
2201 Northland Drive
Austin, TX 78756
I appreciate your assistance in this matter. If you have any questions please do not hesitate to contact me. You
may also call Robin Sisco, Vice President of Community Development of GrantWorks at 512-420-0303. Once
again, thank you for your consideration.
Sincerely,
Charles Edwards
cc: GrantWorks, Inc.
PERMISSION TO ASSIGN INTEREST
The City of Paris understands that GrantWorks, Inc. is purchasing certain assets of Resource
Management and Consulting Co. and that GrantWorks, Inc. desires to provide Professional
Management services to the City through the assignment of the Professional Management Agreement
("Agreement") previously executed between the City and Resource Management and Consulting Co.
for the 2019 TDHCA HOME RSP CONTRACT NUMBER 2019-0013. Resource Management and
Consulting Co. desires to assign its interest in the Agreement to GrantWorks, Inc. in accordance with
Part IV, Section 6 of the Agreement. The City grants permission to Resource Management and
Consulting Co. and its representative, Charles Edwards, Vice President, to assign all of Resource
Management and Consulting Co.'s interest in the Agreement to GrantWorks, Inc., including but not
limited to all duties, obligations, conditions, and payments contained in the Agreement.
Signature of Local Official Date
Please mail this com leted form to:
Resource Management and Consulting Co.
c/o GrantWorks, Inc.
2201 Northland Drive
Austin, TX 78756