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2003-179-RES APPROVE/AUTHORIZE EXECUTION CONTRACT WITH RIM ENTERPRISES RESOLUTION NO. 2003-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH R.I.M. ENTERPRISES, INC. FOR ADMINISTRATIVE SERVICES IN CONNECTION WITH THE CITY'S HOUSING INVESTMENT PARTNERSHIP PROGRAM UNDER THE HOMEBUYER ASSISTANCE PROGRAM GRANT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 6th day of March, 2003, in Resolution No. 2003-054, authorize an application to be made to the Texas Department of Housing and Community Affairs under the Housing Investment Partnership Program for a Homebuyer Assistance Program Grant; and, WHEREAS, upon approval, the City of Paris will be in need of administrative services under the Homebuyer Assistance Program funded in said grant; and, WHEREAS, Robert Jones, President of R.I.M. Enterprises, Inc., has made a Response to Request for Proposal for administrative services for the Homebuyer Assistance Program in the amount of $27,000.00, and it is deemed appropriate that such proposal be accepted; and, WHEREAS, the form of the Contract for Administrative Services, attached hereto as Exhibit A, should, in all things, be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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 Response to Request for Proposal for Homebuyer Assistance Program Management Services, submitted by R.I.M. Enterprises, Inc., for administrative services, in the amount of $27,000.00, under the Housing Investment Partnership Program, to be funded by the Homebuyer Assistance Program Grant, be, and the same is hereby, accepted. Section 3. That the form of the Contract for Administrative Services, attached hereto as Exhibit A, be, and the same is hereby, approved. Section 4. That the Mayor be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Contract for Administrative Services with R.I.M. Enterprises, Inc., under the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 5. That this resolution shall be effective from and after its date of passage. PASSED AND ADOPTED this 8th day ofDecembe~93. - ~~ Curtis Fendley, ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: CONTRACT FOR ADMINISTRATIVE SERVICES PART I - AGREEMENT THIS AGREEMENT, made and entered into this 8th day of December ,2003, by and between the CITY OF PARIS, State of Texas (hereinafter called the "CITY"), acting herein by Mayor, Curtis Fendley, hereunto duly authorized, and R.I.M. Enterprises, Inc. (hereinafter called the "Consultant") acting herein by Robert L. Jones, Jr. WITNESSETH THAT: WHEREAS, the City of Paris desires to implement a project under the general direction of the Home Investment Partnership Program, and; WHEREAS, the City desires to utilize the services ofR.I.M. Enterprises, Inc. to render certain administrative services in connection with the City's Homebuver Assistance Program Project funded by Texas Department of Housing and Community Affairs; NOW, THEREFORE, the parties do mutually agree as follows: 1. Scope of Services See Part II 2. Time of Performance The services ofR.I.M. Enterprises will commence on October 1,2003, and all the services required and performance hereunder shall be completed no later than the contract termination date. 3. Access to Information It is agreed that all information, data, reports and records necessary to carry out the work described above shall be furnished to R.I.M. Enterprises by the City and its agencies. No charges will be made to R.I.M. for such information and the City will cooperate with R.I.M. Enterprises in every way possible to facilitate the performance of the work described in the contract. 4. Compensation and Method of Payment The maximum compensation and reimbursement to be paid for the services listed above shall not exceed Twenty Seven Thousand Dollars. Payment to Consultant shall be based upon satisfactory completion of identified services listed under Scope of Services. Payment shall be made in response to invoices submitted by the Consultant to the City. A detailed estimate of costs is enclosed as Part m of this agreement. 5. Indemnification R.I.M. Enterprises, Inc. 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 from and against them, and shall assume full responsibility for payments of Federal, State and local taxes on contributions imposed or required under the social security, workman's compensation, and income tax laws. EXHIBIT .A. 6. Miscellaneous Provisions a. This agreement shall be construed under and accord with the laws of the State of Texas, and an obligations of the parties created hereunder are performable in Lamar County, Texas. b. This agreement shall b~ binding upon and ensure to the benefit of the parties hereto and to 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 the 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 not be construed as if such invalid 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 in 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. 7. Terms and Conditions This Agreement is subject to the provisions titled "Terms and Conditions" and attached hereto and incorporated by reference herein. IN" WITNESS HEREOF, the parties have hereunto set their hands and seals. CITY OF PARIS R.I.M. ENTERPRISES, IN"C. Curtis Fendley Mayor Robert L. Jones, Jr., President PART II SCOPE OF SERVICES DETAll..ED ADMINISTRATIVE SUMMARY 1. Pre-grant Agreement Activities a. review HOME contract for conformance with application b. present contract requirements to council c. execute all special conditions of contract 2. Financial Management a. establish internal controls b. establish cost accountability standards c. develop a chart of accounts d. develop journals and ledgers e. organize and maintain financial f1les f. fmancial reporting g. account for and document all other project expenditures h. maintain bank accounts and records i. prepare budget revisions as necessary j. oversee audit and close-out process 3. Proiect Management a. supervise procurement process b. attend and ensure compliance at bid openings c. monitor affIrmative action programs d. contract execution and compliance e. enforce wage rate compliance f. verify contractor eligibility g. conduct pre-constructon conferences h. project monitoring and periodic reporting 4. Eaual Opportunity a. Section 3 Plan and Compliance b. Affirmative Action compliance monitoring and enforcement c. Equal Opportunity /Housing monitoring d. Complaint procedures and follow-up 5. Environmental Review a. Prepare Environmental Review Record b. Prepare Finding of No Significant Impact c. Request Release of Funds d. Texas Historical Commission clearance e. Other Environmental compliance requirements 6. Real Property Acauisition (if applicable) a. Determine Properties to be acquired b. Prepare Preliminary Acquisition Notices c. Obtain Appraisal Services on behalf of locality d. Issue Written Offers of Purchase e. Completion of Acquisition Process 7. Relocation (ifapplicable) a. Determine Persons to be relocated b. Develop Relocation Procedures c. Provide Information and Counseling d. Identify Replacement Housing Needs e. Complete Relocation Processing and Forms 8. Other Administrative Functions a. Liaison with State and Federal representatives b. Assist in monitoring visits and follow-ups c. Prepare required reports and compliance reports d. Attend and supervise citizen participation meetings e. Maintain Status Reports 9. Economic Development Function (Applicable to Texas Capital Fund Projects) a. Monitor status of leveraged funds b. Oversee execution of local loan contracts c. Monitor employment creation and job goals d. Assist in preparing hiring plan e. Assist in developing loan reuse plan f Monitor project compliance with TDED requirements as specified in the locality's grant agreement 10. Homebuver Information (Applicable to Housing Infrastructure Fund Projects) a. Provide Forms for Buyer information b. Screen for L1M compliance c. Seek Homebuyer Assistance for income eligible families d. Verify Developers' expenses 11. Homebuver Assistance (Homebuyer Assistance Program) a. Provide all program administrative activities required b. Provide all soft cost activities required to make down payment loans PART III ADMINISTRATIVE COST ESTIMATES R.I.M. Enterprises proposes to provide all required services and activities necessary to implement the City of Mount Pleasant's HBA project from inception to completion for a total cost ofSI2,000. R.I.M Enterprises will assume full responsibility for the administration of the project on behalf of the City of Mount Pleasant full compliance with the grant agreement between the City of Mount Pleasant and the Texas Department of Housing and Community Affairs. The following is a cost estimate by line for the services to be provided: 1) Establish Record keeping System 2) Complete Special Conditions. 3) Completion of Program Design 4) Completion of Bid and Award 5) Labor Standards Compliance 6) FH/ EEO Compliance 9) Prepare Closeout Documents 10) Programatic Closure $600 $1,400 $1,200 $1,200 $600 $2,000 $3,000 $2,000 $12,000 TOTAL ADMINISTRATIVE COST HARD AND SOFT COST ESTIMATES RIM will provide necessary activities to insure the closing of down payment loans for 20 income eligible families. The cost of these activities will be $15,000. Soft cost estimate is as follows: 1) Prepare and Submit Guidelines 2) Develop Affirmative Marketing 3) Screen Applicants for Eligibility 4) Screen Homes for Eligibility 5) Screen for LBPP A Compliance 6) Develop and Provide Note! Deed at Closing 7) Assist Applicant to Obtain Counseling 8) Maintain Client Files $2,000 $2,000 $2,500 $2,000 $1,500 $2,000 $1,000 $2,000 TOTAL HARD AND SOFT COST $15,000 TOTAL THIS CONTRACT $27,000 MPHBACon PART ~V - TERMS AND COND~T~ONS. 1. Termination of Contract for Cause. If, through any cause, the Firm shall fail to fulfill in a timely and proper manner hislher obligations under this Contract, or if the Firm shall violate any of the covenants, agreements, or stipulations of this Contract, the Administrator shall thereupon have the right to terminate this Contract by giving written notice to the Firm of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Firm under this Contract shall, at the option of the Administrator, become its property and the Firm shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. a. Notwithstanding the above, the Firm shall not be relieved of liability to the Administrator for damages sustained by the Administrator by virtue of any breach of the Contract by the Firm, and the Administrator. may withhold any payments to . the Firm for the purpose of set-off until such time as the exact amount of damages due the Administrator from the Firm is determined. 2. Termination for Convenience of the Administrator. The Administrator may terminate this Contract at any time by giving at least ten (10) days notice in writing to the Firm. If the Contract is terminated by the Administrator as provided herein. the Firm will be paid for the time provided and expenses incurred up to the termination date. If this Contract is terminated due to the fault of the Firm, Paragraph 1 hereof relative to tennination shall apply. 3.. Chan2es. The Administrator may, from time to time, request changes in the scope of the services of the Firm to be performed hereunder. Such changes, including any increase or decrease in the amount of the . Firm's compensation, which are mutually agreed uPon by and between the Administrator and the Firm, must be incorporated in written amendments to this Contract. 4. Personnel. a. The Firm represents that he/she has, or will secure at hislher own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Administrator. b. All of the services required hereunder will be performed by the Firm or under his/her 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 Contract shall be subcontracted without prior written approval of the Administrator. Work/services subcontracted hereunder shall be specified by written contract/agreement and shall be subject to each provision of this Contract. S. Assisroabilitv. The Firm shall not assign any interest on this Contract, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the Administrator thereto: Provided, however, that claims for money by the Finn from the Administrator under this Contract 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 Administrator. 6. Reports and Information. The Firm, at such times and in such forms as the Administrator may require, shall furnish the Administrator such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 7. Records and Audits. The Firm shall ensure that the Administrator maintains fiscal records and supporting documentation for all expenditures offunds made under this contract in a manner which conforms to OMB Circular A-87, Section 570.490 of the Regulations, and this Contract. 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 Contract. Administrator shall retain such records, and any supporting documentation, for the greater of three (3) years from closeout of the Contract or the period required by other applicable laws and regulations, if greater. 8. Findin2s Confidential. All of the reports, information, data, etc., prepared or assembled by the Firm under this contract are confidential and the Firm agrees that they shall not be made available to any individual or organization without the prior written approval of the Administrator. 9. Copvri2ht. No report, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on oebalf of the Firm. .- 10. Conmliance with Local Laws. The Firm slUill comply with all applicable laws, ordinances and codes of the state and local governments, and the Firm shall make the Administrator harmless with respect to any damages arising from any tort done in performing any of the work embraced'by this Contract. 11. Eaual Emplovment Opportunity. During the performance of this Contract, the Finn agrees as follows: a. The Firm will not discriminate against any employee or applicant for employment because efrace, color, religion, national origin, sex, disability or familial status. The Firm will take affirmative marketing to ensure that applicants. are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, sex, disability or familial status. 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 payor other forms of compensation; and selection for training, including apprenticeship. The Firm agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Administrator setting forth the provisions of this non-discrimination clause. b. The Finri will. in all solicitation or advertisements for employees placed by or on behalf of the Firm, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, sex, disabili~ or familial status. c. The Firm will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such p~ovisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. . d. The Firm will include the provisions a. tbIough c. in every subcontract or purchase order unless exempted. . 12. Civil Ri2hts Act of 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, religion, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 13. Section 109 of the Housing and Connnunitv Development Act of 1974. a. No person in the United States shall on the ground ofrace, color, religion, national origin, 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. 14. "Section 3" COIIlPliance in the Provision ofTrainin2. Emolovment and Business ()Pportunities. a. The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or oWned in substantial part by persons residing in the area of the project. b. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 C.F.R 235, and all applicable rules and orders ofTDHCA issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. c. The Firm will send to each labor organization or representative of workers With which heishe has a collective bargaining agreement or other. contract or understanding, ifany, a notice advising the said lahor organization or workers' representative ofhis/her connnitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. The Firm will include this Section 3 clause in every subcontract for work in connection with the project and will, at the cfuCction of the applicant for or recipient offederal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 C.F.R Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 C.F.R. Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. . e. Compliance with the provisions of Section 3, the regulations set forth in 24 C.F.R. Part 135. and all applicable rules and orders of TDHCA issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance. provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its'contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 C.F.R Part 135. 15. Section 503 Handical'ped (if $2.500 or Over) Affinnative marketinl! for Handicapped Workers. a. The Firm will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative marketing to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: Employment, upgrading, demotion ot transfer, recruitment,advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. b. The Firm agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. c. In the event of the Firm's non-compliance with the requirements of this clause, actions for non-compliance may be taken in accordance with the roles, regulationS, and relevant orders of the Secretary of ~bor issued pursuant to the Act d. The Firm agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the Firm's obligation under the law to take affirmative marketing to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. e. The Firm will notify each labor union or representative of workers with which it has a collective bargaining agreement or. other contract understanding, that the contractor is bound by the terms of Section 503 of Rehabilitation Act of 1973, and is committed to take affirmative marketing to employ and advance in employment physically and mentally handicapped individuals. f. The contractor will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance. 16. Interest of Members of a Administrator. No member of the governing body of the Administrator and no other officer, employee, or agent of the Administrator who exercises any functions or responsibilities in connection with the planning and carrying -out of the program, shall have any personal financial interest, direct or indirect, in this Contract, and the Firm shall take appropriate steps to assure compliance. 17. Interest of Other Local Public Officials. No member of the governing body of the Administrator and no other public official of such Administrator, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract;' and the Firm shall take appropriate steps to assure compliance. 18. Interest of Firm and Emolovees. The Firm covenants that he/she presently bas no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance ofhislber services hereunder. The Firm further covenants that in the performance of this Contract, noperson having any such interest shall be employed.