1985-076-RES WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 84-084 did accept Texas
RESOLUTION NO.
85-076
WHEREAS, the City Council of the City of Paris did
heretofore in Resolution No. 84-084 did accept Texas Depart-
ment of Community Affairs Grant Assistance in the amount of
$100,000.00; 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 for 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 City Manager of the
City of Paris, David H. Doty, 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 9th day of September, 1985.
~~?(~~
e rge 'l"~s er, r., Mayor
ATTEST:
~~~~ ~~~"^.~~
Mattie unning am, Cit er
APPROVED AS TO FORM:
k!!L~--C?
~ . K. aynes, City Attorney
CONTRACT BETWEEN THE CITY OF PARIS, PARIS, TEXAS
HID
R.I.t-L ENTERPEISES, INC.
FOR REIJAllILlTATION SERVICES UNDER TilE RENTt.L );EHA13ILITATIOtl PlWGRM1 AS
FUNDED BY THE TEXt,S llEPARn1EI!T OF COI1tlUNITY AFFAIRS
STATE OF TEXAS )
COU?JTY OF Ltd!AR)
THIS REJlARILITA'i'ION CONTRACT, made, entered into, and executed this
13th day of August, 1985, by and between the City of Paris, Texas,
her c i n 2 f t ere 211 e d 3 n d ref err e cJ to <3 S the 11 C it y" a i1 dR. J . i'1 .
Enterprtses, Inc., hereinafter called and referred to 88 !'Consultant!',
for the purpose of providing services to the City, in tile forn of
rehabilitation services for the Rental Rehabilitation Program as funrlccj
by a grant from the Texas DeparLocnt of ConM!Jnity Affairs.
l)ITNESSZT:~
\n1ERSAS,
for \vork
the City desires
as defined under
to contract the services
the Scope of Services.
of the Consultant
AGREEj-1El';T
;':01), TlrE~EFORE, the City and the Consultant, in consiceration of the
mutual covenants and agreements herein contained, do mutually agree as
follo\'.rs:
The City agrees to enpJoy the Corlsultant as its constlltant and the
Consultant agrees to perforn rellcbilitation servi.ces in connection
with the Project as stated herein and subject to the requirenents of
the funding agency. For having rendered such services, the City
agrees to pay to the ConS1Iltanl conpensation fron such fllnds for
these services as provided herein.
I. SCOPE OF SE~VICES
The Consultant will provide services necessary for the proper
2d~inistration of all aspects of the project which viII provide the
necessary funding for the overall scope of the Project. These
services include the following:
I. Preparation of required documents.
2. Outreac~ to investors and lenders.
3. Preparation of applications.
4. Completion of feasibility studies.
5. Review of rehabilitation to be completed with notice of
inspection.
6. Drafting of terms of subordinated loans.
7. Drafting of Memorandu8 of Understanding.
8. Request for draw down of funds based upon invoice to owner.
9. Assist owner or designee in wording of Deed and Real Estate
loan papers.
10. Recording of legal papers.
II. All performance reports as required by the Texas Department of
Community Affairs.
IT. ATJD1TIO:'!,\L SERVIC!:S
The Consull211t s~all furnish, or obtaiTl [rom others AdditioIlal
Services of t~e following or si~i]ar types whicll are not considered
basic adninistrative services; i.e., work reqllired for tile Project
which is not specifically listed or implied under the Scope of
Services ond is more particularly described as follows:
1. Furnis!ling the services of special consultants or technical
services for worlc other than that required under the Scope of
Services or not anticipated as being a part of the Project but
recomnended by the Consultant or the fonding entity.
2. Assisting the City in developing a strategy for additional
funding of other activities.
Additional Services shall not be considered as a conponent of this
contract. The performance of additional services will req!lire 2 war!(
order for additional services prior to the perfronance of these
services.
III. COMPSHSATION
The City shall pay, and the Consultant agrees to accept as full
compensation for basic services to be perfor~ed under this contract,
fees as follo\45:
1. Preparation of 90cunents at $34.50 per hour not to exceed 16
hours or $552.00.
2. Prodllction of TIehabilitated Units: 5675.00 per unit to be paid
as stated in Section IV.
IV. ~lETHOD OF PAY~1S~T
The Consultant shall submit Monthly statements for services
rendered. The statenents \:ill be based upon the Consultant's
esti~late of the proportion of the total services actually completed
at tlle time of billing. This billing ,~ill be based upon an hOIJrly
rate of $34.50 and will not exceed a total of ~13,500.00 or $675.00
per unit for twenty (20) units. The City shal] Dalce pro~pt Qonthly
pay~ents within ten (10) days after receipt and approval of the
Consultant's monthly state;~ents.
,.
, .
TER~III'!;.TIo(.r OF CONTRACT
The contract nay be terminated by any of the following conditions:
1. fIutual agreeElent and consent of both parties thereto.
2. \lritten notice by the City to the Consultant as a consequence
of failure by the Consultant to perforn the services herein
setforth in a satisfactory ~anner and within the limits
provided, proper allowances being Dade for circu8stances beyond
the control of the Consultant.
3. By either party, upon the failure of the other party to folfill
it's obligations as setforth herein.
Should the City terninate this contract as herein provided, no fees
other than fees due and payable at the tine of termination shall
thereafter be paid to the Consultant. Payment for work at
termination will be based on work completed at that tige.
The termination of this contract and payment of an aQount in
settlement as prescribed above shall extinguish all rights, duties,
obligations, and liabilities of the City and the Consultant under
this contract.
VI. OWNERSHIP OF DOCUMENTS
U))on co~plction or tcrr, ntjan af tllis contrnct, d c!ocllncllts
pre p Zl red l) y t 11 C Con s 1I 1 t n n tor fur n i S Ill' (I tot h e Con oS II 1 L i'\ n t by the
City shall be delivered to and beco~e the permanent propert of the
City.
VI I. P ~~;(SO>; >J 13L, EQU I Pf'1~NT, A H D ~1A T ER I A L
TIle City aerees to provide certain itens and services to aid in the
perfor~ance of the Consultants duties os required under this
COIltract. These shull include the provision of adeqlJate office
space, clerical assistance, and access to City copying equipment.
VIII. CONF=:R',:JCE
At the request of the City or the Consultant, conferences shall be
provided at the City offices.
IX. COM?LIA~CE HITH LAWS
The Consultant shall co~ply with all Federal, State, and locol laws,
statutes, ordinances, rules, and regtJlations, and the orders and
decrees of any courts, or adninistratj,ve bodjcs or tribunals in any
matter affecting the perfornance of this co~tract, including,
without li8itation, Title VI of the Ci,vil Rights Act of 1964 (PL83-
352), as anended, and all other applicahle Federal and State Civil
Rights Statutes. iI/hen required, the Consul tEln t shall furnish the
City with satisfactory proof of his compliance therewitl1.
V
A.
SUCCESSORS AND ASSIGNS
The City and the Consultant each binds hi~se]f, his successors,
executors, administrators, ant! assigns to the ot]ler party, this
agreement and all related covenants. Neither the City nor the
Consultant shall assign, sublet, or transfer his interest in this
agrecnent ~ithout the written consent of the other.
XI. 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 wl1ich he 11as executed this contract and tl1Dt he has
full and conplete authority to enter into this contract on bel1alf of
his firm. The above stated representations and warranties are Ilade
for the purpose of inducing tIle City to enter into this contract.
XII. DURATIO~ OF CONTRACT
It is 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 in force and effect unless or until terninated as
stipulated in Section V above.
IN ~.JI~'NSSS \'J:IS:.n:~OF,
reslJcctive nanes to
13th day of Ausust,
CITY.OF PARIS
BY: . .
the parties to Contract 113ve signed or caused
be signed to duplicate counterparts llereo[ on
1985.
David H. Doty, City Manager
Attest: ..........
City Clerk
R.I.':. r.:!nE:;pnSr.:S, INC.
BY:
........................ .
Robert Jones, President
......................... .
Charles LUC2S, Vice President
ATTEST.SD
BY: . . . . . . . . . . . .
Secretary 1 n. I .1'1. Enterprises, Inc.
their
this