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26-Deliberate and act on a Resolution authorizing an amendment of an agreement between the City of Paris and Paris Living to administer the Homebuyer Assistance Program CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 09/10/10 Council Date: City Council Kevin Carruth 26. 09/13/10 RECOMMENDED MOTION: Move to approve a resolution authorizing the amendment extending an agreement with Paris Living to administer the Homebuyer Assistance Program and authorizing the City Manager to negotiate and execute all necessary documents. POLICY ISSUES): Contract; Fiscal management BACKGROUND: In April 2009 the City and Paris Living executed an agreement for Paris Living to provide consulting and administrative services for the City's Homebuyer Assistance Program because the City lacks in- house capacity to administer such a program. The City received another grant ($312,000) from the Texas Department of Housing and Community Affairs for a Homebuyer Assistance Program to benefit 15 homebuyers. Staff recommends extending the agreement with Paris Living for 12 months and have it administer the new grant. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution with agreement ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ® Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance YTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: The administrative fee and project related soft costs charged by Paris Living are all paid for, and will not exceed the amount allowed, by the grant REVIEWED AND APPROVED BY: ® Administration ® City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ® Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris 191 Revised 2/04/08 DRAFT S:\citydata\Attorney\RESWORK\CURRENT\Paris Living HomebuyerAsst Grant Amend Contract Res 2010.docx RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZING THE AMENDMENT OF AN AGREEMENT BETWEEN THE CITY OF PARIS AND PARIS LIVING, A COMMUNITY DEVELOPMENT CORPORATION, TO ADMINISTER THE HOMEBUYER ASSISTANCE PROGRAM FUNDED BY THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE HOME PROGRAM, CONTRACT NO. 1001224; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AFORESAID AGREEMENT AND ALL OTHER DOCUMENTS NECESSARY TO THE FORMAL APPROVAL OF SAID 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 24th day of May, 2010, in Resolution No. 2010-059, authorize an application to be made to the Texas Department of Housing and Community Affairs for the 2009 Homebuyer Assistance Program Grant, HOME/American Dream Downpayment Initiative (HOME/ADDI) award; and, WHEREAS, the Texas Department of Housing and Community Affairs has issued its HOME Program Homebuyer Assistance Contract with the City of Paris in connection with a HOME Investment Partnerships Program award entitled "Texas Department of Housing and Community Affairs Home Program HOME Contract No. 1001224" for the period beginning August 3, 2010, and ending August 2, 2012, in the total amount of $312,000.00; and, WHEREAS, Paris Living, a community development corporation, entered into a consulting and administrative services agreement with the City of Paris, dated April 30, 2009, to administer the City's Homebuyer Assistance Program, Texas Department of Housing and Community Affairs HOME Contract No. 10000930 (the "Agreement"); and, WHEREAS, Paris Living and the City of Paris mutually desire to amend the Agreement to extend the term twelve (12) months and to add the Texas Department of Housing and Community Affairs HOME Contract No. 1001224 to the consulting and administrative services contract; and, WHEREAS, the City Council of the City of Paris, Texas hereby finds that it is in the best interest of the City of Paris and its citizens to enter into a First Amended Agreement with Paris Living and for Paris Living to administer the City's Homebuyer Assistance Program, Texas Department of Housing and Community Affairs HOME Contract Nos. 10000930 and 1001224, in accordance with the terms and conditions therein. - 1 192 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 Agreement between the City of Paris and Paris Living to administer the City's Homebuyer Assistant Program in connection with a HOME Investment Partnerships Program be and hereby is amended to extend the term of the Agreement an additional twelve (12) months and in accordance with First Amended Agreement to administer the City's Homebuyer Assistant Program entitled "Texas Department of Housing and Community Affairs Home Program HOME Contract No. 1001224" for funds to assist a minimum of fourteen (14) low- and moderate-income families through the provision of down payment and closing cost assistance in the City of Paris be, and is hereby approved. Section 3. That the City Manager of the City of Paris, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the First Amended Agreement with Paris Living under the terms and conditions and in the form shown in Exhibit A, and Exhibit B attached hereto, as well as any and all other documents incident to implementation of the program. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 13 day of September, 2010. Will Biard, Mayor ATTEST: Janice Ellis, City Clerk ATTEST: W. Kent McIlyar, City Attorney 193 2800 Lamar Avenue, P.0. Box 26 ■ Paris, Texas 75460 Parisi g 903.739.9947 ' tax 903.739.2104 • parislivins@sbudlobal.net April 30, 2009 Mr. Jesse James Freelen Mayor City of Paris P.O. Box 9037 " _ Paris, Texas 75461 - Dear Mayor Freelen: Paris Living-A Community Development Corporation ("Paris Living" or the "Corporation") is pleased to be selected by the City of Paris (the "City") to administer the City's Homebuyer Assistance Program funded by the Texas Departmentlcost Community Affairs As outlined ("TDHCA') in the amount of $208,000, including administrative <r in our proposal, Paris Living will a~dmini~rtoh~above costs, which is the admanistr thveCfee in exchange for a fee equal to 4 io oft project - allowed by TDHCA, plus other project related soft costs allowable by TDHCA through the HOME Program. For your convenience, I have listed some terms and conditions below and, if you concur, this letter will serve as our official Agreement (the "Agreement"). 1. The City hereby engages Paris Living to provide, in general, the following: of the City andmi a perform the overall administration of the Program at bmitted in the direction the grant application; accordance with the approved program design as s b) if requested, develop and implement a marketing fort for request th thProgram participate drlenders, ( writing news releases, meeting with Realtors at t creating public service announcements for local Radio and Television; c) develop and disseminate information packets to, and train, participating lenders and ( Realtors; icipating lender to process each borrower through to closing: (d) work with each part (e) prepare or have prepared all forms for set-up and draw of funds as well as closeout forms on behalf of the City; ( review and make recommendations designed to improve the Program; E9HIBITA 194 assist City during TDHCA monitoring visits arr .pare any required response to O any mu-storing findings; ch propery funded tluough the Program for review maintained a file on ea (h) cause to be m byTDHCA and/or IUD,i) prepare any and all invoices from Paris Living or its closing as nltaes annter & Hunter Consultants, Inc. ("H&HCI") to each property (j) provide any and all other services as may be required by the City and that Paris Living p has the ability and expertise to perform; Specifically, the Scope of Work to be performed by Paris Living under this agreement is as follows (Please note that some of tunder edlIUbelow will be D regulations) charged to each individual loan as project related soft costs as is allowed PROJECT MANAGEMENT Develop a record keeping system including the establishment of a filing system; Maintain the project and administrative files; Provide general advice and technical assistance to the City on implementation of the Project and regulatory matters; Furnish the City with the necessary forms and procedures required for implementation of the Project; Prepare and submit to TDHCA any and all documentation necessary for amending the HOME contract; Prepare and submit Set-Up, Completion and other required reports; Serve as liaison for tine City during any monitoring visit by TDHCA or HUD; Develop a Project affirmative marketing plan for the City; Conduct all necessary Lender/Realtor training sessions; Review all files received from lenders to ensure that the applicant and house qualifies for the program; Assist the City in acquire g the services of independent inspectors and to ensure that a houses in the program pass required inspections; Assist the City with acquisition of homebuyer training; Assist the City with the completion of second lien documents; Maintain all project files in a reasonable and logical order; Manage dispute resolution as required. FITNANCLAIL MANAGEMENT Assist the City in proving its ability to manage the grant funds to the state's audit division; Assist the City, if requested, in establishing and/or maintaining a bank account (direct deposit account) and/or separate local bank account. journals and ledgers; • Assist the City in responding to single audit report requests from TDHCA; • Prepare all fund reimbursements on behalf of the City; Review any invoices received for payment and file back-up documentation; Provide general advice and technical assistance to City Council, staff and consultants On implementation of the Project and regulatory matters. 195 ENVIRONM r Prepare the administrative environmental documents for City signature; opm Prepare the Homebuyer Assistance Environme reformation to prospective Ensure that all lenders disseminate lead base paint borrowers; Ensure that all lead base paint certification and acknowledgments are signed and file in each individual project file; Ensure that an environmental file is created and maintained for the Program. FAIR HOUSING/EQUAL OPPORTUNITY Ensure that all marketing materials prepared include affinnative marketing/equal opportunity statements and logos; tation of all program beneficiaries by ethnicity and gender. Maintain documen CLIENT INTAKE QUALIFICATION AND INTAKE Meet with each prospective borrower and help them fill out the application for assistance; for the assistance to Review each applicants financial information to ensure they qualify be provided; Assist each applicant in completing all the forms required for assistance Collect applicant information regarding income and employment to be included in the project files; Clarify and resolve any issues related to the application intake pre feed a licants; Prepare notifications to sellers of properties to be purchased by qua pp • Prepare approval letters to the applicants for City staff signature; Perform any other necessary activities to ensure an effective application process. AUDIT/CLOSE-OUT PROCEDURES Prepare the final completion report and Certification of Completion for filing with TDHCA; Assist the Corporation in resolving any monitoring and audit findings; Assist the Corporation in resolving any third party claims; • Provide City Auditor with HOME audit guidelines. will erate and data coop 3 In connection with Pans Living's ~rnished to Paris Living alll if,fthe with Paris Living; furnish or cause to rated ly requests; and concerning the City and the City's project(s) whi h Paris aLl' nd a' reasonab provide Paris Living with reasonable access to its The City acknowledges and understands that while that this service does not, from the perspective administering the Program on the City's behalf, of TDHCA, relieve the City from any ultimate responsibility for the appropriate administration of the Program. t, the C lity 4 in consideration of services provided pursuat in an amountiequal to 4o 0 of auto pay or cause to be paid to Paris Living an administrative amo project funds upended. In addition, Pdow ~'t~avmentland ca, ~~osttawa ddtotbe paid atreach payment not to exceed 10% of each successful loan closin, to defray costs associated with provision of application intake, document 196 preparation. orental, homebuver counseling, home i °ctions, or other project specific ul7 ser ices necessary to enable an ' dividual property to close ~~,resuming that Paris Living or one of its consultant(s) performs that actual service). Paris Living agrees that its fees will not exceed amounts allowable as costs that can be charged against the administrative or project related soft costs of the Program or against third pat ,,y participants. Further it is understood that while the administrative costs will be charged for accomplishing certain administrative tasks, that TDHCA requires that any administrative draw processed to TDHCA not exceed the percentage of projects completed and drawn. Therefore, Paris Living will bill the City and prepare subsequent documentation for reimbursement from TDHCA to the City based upon the following general activity categories and per the following milestones: [NOTE: the following milestones are based upon 20 units to be completed as specified in the contract between the Coty of Paris and TDHCA. If that contract should be amended to increase or decrease the number of units to be completed, the billing milestones will be adjusted proportionately.] % OF TOTAL CONTRACT FEE ACTIVITY* 25% I. Affirmative Marketing J5% 2. Administration of the Program/Record Keeping % 3. Financial Management 38 38% 4. Administrative Environmental 101 TOTAL: % OF CONTRACTFEE BILLING MILESTONES*' 1 % 1, 2nd home loan completed and reimbursed by TDHCA 10% 2 5`i' home loan completed and reimbursed by TDHCA 25% 3. 10°i home loan completed and reimbursed by TDHCA 25% 4. 15`x' home loan completed and reimbursed by TDHCA 25% 5. 19"' home loan completed and reimbursed by TDHCA 6. 20`x' (or last) home completed and reimbursed by TDHCA 5% 1 5% TOTAL: 20 home loans completed - *these categories reflect work activity for managing the homebuyer program in general. Activities and work associated with individual loans and projects will be billed to each loan closing as project related soft costs. Such activities would include such items as: document preparation, individual property file reviews, environmental checklist preparation, and document delivery. **If the total contract is not completed the total administrative fees charged to the City and subsequently to TDHCA for reimbursement under the Administrative fee portion of the contract with the City will be in an amount that is the same percentage as the total number of loans completed (as per the I-IUD rules). 5. Further, the City understands and agrees that Paris Living may, upon written approval from the City Manager of the City of Paris, subcontract portions of the administration of the Program to other entities, with the understanding that Paris Living has the ultimate responsibility and liability to the Citv for the administration of the Program. 6. Paris Living and the City agree that the period of this Agreement will be for a minimum of three years from the agreement signing date or to coincide with the lcngth and term of the City's contract with TDHCA including any extensions to thereof, whichever period is longer. - 197 7. It is expressly understood and agreed by the Pa at re s to release, ment, that Pan's Living is an independent contractor, and as Bach, Pans Li «n_ hold the City of Paris, its elected officials, officers and employees harmless from and against all damages, injuries, claims, property damage, losses, demands, suits, judanients and costs including reasonable and necessary attorneys to be provided by Paris Living, its consultants, om or are related to this Agreement or the s subconsultants, employees or contractors under this Agreement. 8. Paris Living shall obtain a Directors and Officers liability insurance policy in the minimum amount of One Million Dollars ($1,000,000) insuring Paris Living, its directors, officers, employees, consultants and subcontractors against any claims, demands, lawsuits, settlements or costs, including reasonable attorney's fees, arising from the negligent actions or inactions or intentional wrongful actions committed by Paris Living or its directors, officers, agents, employees, consultants and or subcontractors related to this Agreement or the services to be provided pursuant to this Agreement. Paris Living may invoice the City of Paris for the annual premium for the policy. 9. Paris Living further agrees to administer the Homebuyer Assistance Program for the City of Paris in strict compliance with the terms and requirements of the TDHCA HOME PROGRAM, Home Contract No. 1000930 attached hereto and incorporated herein as Exhibit 10. Paris Living further agrees that at any time during normal business hours and upon forty-eight (48) hours notice, Paris Living shall make available to representatives of the City for examination -all of its records, and. the records of any consultant or subcontractor hired or retained by Paris Living to administer this Program, with respect to matters covered by this make Agreement, and will pen-nit such representatives of the City to audit, examine, records, excerpts or transcripts of such records, and to audit all contracts, invoices, payroll personnel records or other data relating to matters covered by this Agreement or by the TDHCA Homebuyer Assistance Program, all for a period of three (3) years following the date of final settlement of this Agreement or final payment by the City under this Agreement, whichever is later. 11. For the convenience of the parties hereto, any number of counterparts of this Agreement may be executed by the parties hereto. Each such counterpart shall be, and shall be deemed to be, an original instrument, but all counterparts taken together shall constitute one and the same A--reement. This Agreement shall become effective upon the date last sighed by the parties listed below. If the foregoing correctly Sejoviforth ur ded and A urn one copy to us at Poo Box 26~Pa coies of ps TX 7t5461. letter signed in the spaces p If you have any questions or desire further comment please call me at (903) 784-0836 or our consultant, Michael Hunter at (97 2) 771-5907. 198 en truly yours. Paris Living-A Community Development Corporation By Date Clifton Fendley, Presiders City of Paris, Texas By. Kevin Carruth, ag, er Date 199 FIRST AMENDED AGREEMENT FOR ADMINISTRATION OF HOMEBUYER'S ASSISTANCE PROGRAM BETWEEN THE CITY OF PARIS, TEXAS AND PARIS LIVING - A COMMUNITY DEVELOPMENT CORPORATION The City of Paris (the "City") and Paris Living - A Community Development Corporation ("Paris Living" or "the Corporation") previously entered into a consulting and administrative services agreement dated April 30, 2009, under which Paris Living agreed to provide all Administrative Services to run the City's Homebuyer Assistance Program funded by the Texas Department of Housing and Community Affairs ("TDHCA") under HOME Contract No. 10000930 (the "Agreement"). The City of Paris and Paris Living now desire to amend the Agreement and both agree to amend this contract in order to 1. extend the expiration date; and 2. to continue the basis of the agreed upon relationship between the two parties, to afford Paris Living the authorization to manage future grants and loans on behalf of and received by the City of Paris from the Texas Department of Housing and Community Affairs. TERM: The City of Paris and Paris Living agree that the period of this Amendment will be for a minimum of three years from the agreement signing date or to coincide with the length and term of City of Paris' contract with TDHCA including any extensions thereof, whichever period is longer. It is further agreed that this amended contract may be renewed and extended at the end of the above stated term for an additional three-year period upon the written agreement of the Parties hereto. COMPENSATION: In consideration of services provided pursuant to this agreement, the City of Paris agrees to pay or cause to be paid to Paris Living an administrative fee, in an amount equal to 4% of all project funds expended. In addition, Paris Living will receive a potential additional amount, not to exceed TDHCA allowable amounts for each successful downpayment and closing cost award to be paid at each loan closing to defray costs associated with provision of application intake ($600), project document preparation ($100), environmental review ($400), homebuyer counseling ($300), home inspections ($350), information services ($200), schedule of values ($100) or other project specific services necessary to enable an individual property to close, otherwise known as project related soft costs (presuming that Paris Living or one of its consultant(s) or subcontractors performs that actual service). Paris Living agrees that its fees will not exceed amounts allowable as costs that can be charged against the administrative or project related soft costs of the Program or against third party participants. Further it is understood that while the administrative costs will be charged for accomplishing certain administrative tasks, that TDHCA requires that any administrative draw processed to TDHCA not exceed the percentage of projects completed and drawn. Therefore, Paris Living will bill the City and prepare subsequent documentation for reimbursement from TDHCA to the City based upon the following general activity categories and per the following projected milestones: % OF TOTAL ACTIVITY* CONTRACT FEE 1. General Management and Oversight of contract 79.0% 2. Affirmative Marketing 2.5% 3. Record Keeping 10.0% 4. Financial Management 2.5% 5. Administrative Environmental 6.0% TOTAL: 100.0% Pagel of 3 ExHiBr k 200 BILLING MILESTONES: Paris Living agrees to invoice the City on a scheduled basis in accordance with directions received from TDHCA. In that those directions may change at anytime, the following example of billing milestones example is offered to identify how the billing will occur. The example is based up a contract size of fifteen units. In the following example, the number of home loans completed may change, but the percentage of home loans completed which would trigger billing remain the same. % OF BILLING MILESTONES** CONTRACT FEE 1. 2nd home loan completed and reimbursed by TDHCA 13% 3. 5"' home loan completed and reimbursed by TDHCA 20% 4. 10t" home loan completed and reimbursed by TDHCA 33% 5. 14"' home loan completed and reimbursed by TDHCA 27% 6. 15"' (or last) home completed and reimbursed by TDHCA 7% TOTAL: 15 home loans completed 100%** *these categories reflect work activity for managing the homebuyer program in general. **If the total contract is not completed the total administrative fees charged to the City of Paris and subsequently to TDHCA for reimbursement under the Administrative fee portion of the contract with the City of Paris will be in an amount that is the same percentage as the total number of loans completed (as per the HUD rules). Activities and work associated with individual loans and projects will be billed to the City of Paris at the time of each loan closing as project related soft costs. These costs are capped at the allowable soft cost expenditures as published by TDHCA. Reimbursement of said costs will be requested from TDHCA at the same time as the reimbursement for the down payment and closing costs are requested on each loan closed. Project related soft costs are determined by TDHCA and include such items as: application intake, document preparation, homebuyer counseling, home inspections, environmental checklist preparation, and document delivery. If and when TDHCA changes the allowable soft costs or soft cost caps, Paris Living will change the subsequent invoicing appropriately. Further, the City understands and agrees that Paris Living may, at its own discretion, subcontract portions of the administration of the Program to other entities, with the understanding that Paris Living has the ultimate responsibility to the City of Paris for the administration of the Program. All of the other terms and conditions of the Agreement dated April 30, 2009, which have not been amended herein, shall remain in full force and effect. For the convenience of the parties hereto, any number of counterparts of this Amended Agreement may be executed by the parties hereto. Each such counterpart shall be, and shall be deemed to be, an original instrument, but all counterparts taken together shall constitute one and the same Agreement as amended. This Amended Agreement may not be modified or amended except in writing and signed by the parties hereto. If the foregoing correctly sets forth our agreement, please have both enclosed copies of this letter signed in the spaces provided and return one copy to us at P.O. Box 26, Paris Texas 75461. If you have any questions or desire further comment please call me at (903) 784-0836 or our consultant, Michael Hunter at (972) 771-5907. Page 2 of 3 201 For: Paris Living - For: The City of Paris A Community Development Corporation Clifton Fendley Effective Kevin Carruth Effective President Date City Manager Date Page 3 of 3 202