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06-I RIM ContractDRAFT F:~Attorney\Lisa~O~esolutions\CURRENT~ltomebuyer RIM Contract Res.wpd December 5, 2003 RESOLUTION NO. 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 ofR. 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 of December, 2003. ATTEST: Curtis Fendley, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney CONTRACT FOR ADMINISTRATfV~ 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 0aereinal~er 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 of R.I.M. Enterprises, Inc. to render certain administrative services in connection with the City's Homehayer Assistance Program Project funded by Texas Department of Housing and Community Affairs; NOW, THEREFORE, the parties do mutually agree as follows: I. Scope of Services See Part II 2. Time of Performance The services of R.I.M. Enterprises will commence on October l, 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 III of this agreement. 5. Indemnification R.I.M. Enterprises, Inc. shall comply with the requkements of all applicable laws, rules and regulations, and shall exonerate, indemnify, and hold harmless the City and its agency members fi.om and against them, and shali 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 6. Miscellaneous Provisions a. This agreement shall be construed under and accord with the laws of the State of Texas, and att obligations of the parties created hereunder are performable in Lamar County, Texas. b. This agreement shall be binding upon and ensure to the benefit of the parties hereto and to their respective heirs, executors, ~rtm~n~strators, legal representatives, successors, and assigns where permitted by this Agreement. c. I~ 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 ffsuch 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 tkis Agreement, the prevailing part)' 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. Tkis 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, INC. Curtis Fendley Mayor Robert L. Jones, Jr., President PART II SCOPE OF SERVICES DETAILED 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, astablish cost accountability standards c. develop achart ofaccoants d. develop journals and ledgers e. organize and maintain financial files f. financial 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 clnse-out process 3. Proiect Management a. supervise procurement process b, attend and ensure compliance at bid openings c. monitor affLrmafive action programs d, contract execution and compliance e. enforce wage rate compliance f. verify contractor eligibilit7 g. conduct pre-constmcton conferences h. project monitoring and periodic reporting 4. Equal OnnormniW a. Section 3 Plan and Compliance b. Affu'mative 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 Si~i~icant Impact c. Request Release of Funds d. Texas Historical Commission clearance e. Other Environmental compliance requirements 6. Real ProperW Acquisition ( if applicable) a. Determine Properties to be acquired b. Prepare Preliminary Acquisition Notices c. Obtain Appraisal Services un behalf of locality d. Issue Written Offers of Purchase e. Completioa of Acquisition Process 7. Relocatinn ( if applicable) a. Determine Persons to be relocated b. Develop Relocatinn Procedures c. Provide Information and Counseling d. Identify Replacement Housing Needs e. Complete l~.elocatinn 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 ofleveraged funds b. Oversee execution of local loan contracts c. Monitor employment creation undjob 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. Homebuyer Information ( Applicable to Housing Infrastructure Fund Projects) a. Provide Forms for Buyer information b. Screen for L/M compliance c. Seek Homebuyar Assistance for income eligible families d. Verify Developers' expenses 1 1. Homebuyer Assistance (Homebuyer Assistance Program) a. Provide all program administrative activities required b. Provide all sot~ 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 tIBA project from inception to completion for a total cost of $12,000. 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 Honsing and Community Aflhirs. The following is a cost estimate by line for the services to be provided: 1) Establish Record keeping System $600 2) Complete Special Conditions. $1,400 3) Completion of Program Design $1,200 4) Completion of Bid and Award $1,200 5) Labor Standards Compliance $600 6) FH/EEO Compliance $2,000 9) Prepare Clnseout Documents $3,000 10) Programatic Closure $2,000 TOTAL ADMINISTRATIVE COST $12,000 HARD AND SOFT COST ESTIMATES RIM will provide necessary activities to insure the closing of down paymem loans for 20 income eligible families. The cost of these activities will be $15,000. SoR cost estimate is as follows: 1) Prepare and Submit Guidelines $2,000 2) Develop Afftrmative Marketing $2,000 3) Screen Applicants for Eligibility $2,500 4) Screen Homes for Eligibility $2,000 5) Screen for LBPPA Compliance $I,500 6) Develop and Provide Note/Deed at Closing $2,000 7) Assist Applicant to Obtain Counseling $1,000 8) Maintain Client Files $2,000 TOTAL HARD AND SOFT COST $15,000 TOTAL THIS CONTRACT $27,000 MPHBACon PART IV - TERMS AND CONDITIONS' 1. Term/natio~ofContmctforCaus¢. If, through any cause, the Pirm shall fafl to fulfill in a ~imely and proper r~.,~.er his/her obligations under this Contract, or if the Firm shall violate any of the covenants, a~recments, or stipulations of ~ Contract, the A ,tmi,~i~trator shall thereupon havc the right to terminate this Contract by ~iving written notice to thc Firm of such tcrmi,~tion and specifying thc effective date thereof., at least five (5) days hefore the effective date of such ter~i,~tlon. In such event, al/finished or ~,,~nished documen:s, data, studies, surveys, drawinl~s, maps, models, photo~apbs and re-pons prepared by the Firm under this Contract .~h~ll~ at the option of the Administrator, become its property and thc Firm shall bc entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. a. Notwithstanding thc above, the Finn shall not bc relieved of liability to the Administrator for sustained by the Administrator by virtue of any breach of the Contract by the Firm, and thc Admi'~isWato~.may withhold any payments to the Finn for the purpose of set-off until such ~me as thc exact amount of damages duc the Administrator from the Finn is determi-~.d. 2. Termination for Convenience of the Admires' trator. The A,t,~i-i~rator may terminate this Contract at any time by ~ivinl~ at least ten (10) days notice in writin~ to the Fh'm. If the Contract is termi-~tcd by th~ A.~ml-i~Wator as provided herein, the Finn will be paid for the time provided and expenses incurred up to thc termi,~stion date. If this Contract is termi,~ated due to thc fault of the Firm, Paral~'aph 1 hereof relative to termi-~tiun shall apply. 3. Chanecs. The A~ml-i~trator may, fi.om time to *~m~ request changes ~n thc scope of the services ofthe Finn to be performed herennder. Such chanl~es, inclort~5 any iucrease or decrease in the amount of the · Finn's compcusation, wkich are mutually aErccd UPon by and between thc A. dmi,,isUator and thc Fhm, must be incorporated in written amendments to this Contract. 4. Personnel. a. The Firm represents that he/she has, or will secure at hisser own cxpcnsc, all pc~onnel required in performing the services under this ConUact. Such persoanel shall not bc employees of or have any contractual relationship with thc Ad~i-i~trator. b. All of the services required hereunder will be p~rformed by thc Finn or under Ms/her supervision and all personnel engal;ed in thc work shall be fully q,~li6cd and shall be authorized or permitted nnder state and local hw to perform such services. c. None of the work or services covered by this Contract shall be subcontracted without prior wilton approval of thc A aml-i~trator. WorWscrvicas subcontracted hereunder shall be specified by written conlract/a~rccment and shall be subject to each provision of this Contract 5. Assignability. The Firm shall not assil~n any interest on this Contract, and shall not transfer any interest in the san~ (whether by assi?ment or novation), without the prior written consent of the thereto: Provided, however, that claims for money by tlm Finn fi.om the Ad,~ini~trator under this Contract may be assigned to a b~,~k; tnlst company, or other 6,~,~cial institution without such approval. Written notice of any such assi~ment or transfer shall be fim:dshcd promptly to the Am~i~i~trator. 6. Reports and Information. The Firm, at such times and in such forms as the A.i-,;,,i,trator may require, shall furnish the Administrator such periodic reports as it may request per~ini'~E to the work or services undertaken pursuant to this Contract, thc costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Conuact. 7. Records and Audits. The Firm shall ensure that the Administrator ma~ums ~scal records and supporting documentation for all expenditures of funds made under this contract in a msr~er which conforms to OMB Circular A-$7, 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. Adml-i~trator shall retain such records, and any supporting documentation, for the greater of three (3) years from closeout of the Contract or the period requited by other applicable laws and regulations, ffgreater. 8. F' din sCanfidential. All ofthe reports, izR'ormation,data, etc., prepared or assembled by the Firm tmder 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 9. Cogvrilzht. No report, maps, or other documents produced ia whole or in part under this Contract shall be the subject of an apphcarion for copyright by or on ISehslf' Of the Firm. 10. Co liance with Local Laws. The Firm shall comply with all applicabie laws, ordi-s,~cas and codes of the state and local governmt~o, ts, and the Fi.nm shall make the A~mi.i~t~ator harmless with respect to any damages arising from any tort done ia performing any nfthe work embraced'by this Contract. 11. Eoual El:m~lo'mlent Oooorttmiw. Du_ring the performs-ce of this Contract, the Fia'm agrees as follows: a. The Finn will not discxqmln,te agaimt any employee or applicant for e,l:,i~loyment because of race, 6olor, 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 inchide, but not be limited to, the following: Employm~t; upgrading; demotion or wausfer; recruitment or recruitment advet'tislng; layoffor termination; rates of pay or other forms of compensation; and selection for ~',i"in!g, including apprenticeship. The Firm agrees to post in com'picuouS places, available to ~mployees and applicants for employment, notices to be provided by the .~ dmlniitrator sctling fog]l the provisions of this non-discrimination clause. b. The Firm will, ia all solicitation or advertisements for ~,loyees placed by or on behalf of the Firm, state that all c~alified applicants will receive consideration for employment without regard to race, color, religion, national origin, sex, disabilit7 or familial status. The Finn will cause the foregoing provisions to be inserted in all subcontracts for any work covered by c. this Contract so that such p.rovisious will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contsacts or subconn'acts for standard c¢,,~,,~ercial supplies or raw materials. d. The Firm will include the provisions a. through c..ia every subcontract or purchase order unless ex~a~,,ted. 12. Civil Ri ts Act of 1964. Under Tide VI of the Civil Rights Act of 1964, no person sl~,ll; 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 Housinlt and Cot,,,,,,mitv Development Act of 1974. a. No person in the United States shall on the ground of race, color, religion, national origin, or sex be excluded f~om patticipari°n ha, be denied the benefits of, or be subjected to discrimination under any program or activity funded ia whole or in part with funds made available under this ride. 14. ,,Section 3" Cot?Ii,nee in the Provision of Tr"i'~in~ Erm~l°vment and Business O~°rtunities' a. The work to be pert'ormed under this contract is on a project assisted under a program providing direct federal ~nzncial assistance frore the Departmcnt of Housing and UrbanDevelopreeut and is subject to the requirements of Section 3 of the Housing and Urban Developrecnt Act of 1968, as amended. 12 U.S.C. 1701u. Section 2 requires that to the greatest extent fcasibl~ 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. Thepardes to this c°ntact will c°mply with the pr°vlsi°ns °f said Secti°n'3 and the regulati°ns issued pursuant thereto by the Secretary of I-Iousing and Urban Developreent set forth in 24 C.F.tC 235, and aU applicable roles and ordet~ of TDHCA issued thereunder prior to the execution of this Contract.· The parties to this Contact ceztify and agree that they are under no conU'actual or other disability which would prevent them from complying with these requiremonts. c. The l~irm will send to each labor org,niTation or representative of workers with Which h~she has a collective bargal-i,~g agreen~nt or other'contract or understanding, if any, a notice advising the said hbor org,,~;~ation or workers' representative of bis/her commitments under ~ Section 3 clause and shall poSt copies of the notice in conspicuous places available to employees and applicants for ~u~loymcnt or training. d. Thc Firm will include this Section 3 clause in every subcontract for work in connection with thc project and will, at the di~:ction of th~ applicant for or recipient of federal financial assistance, take apptopriata action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Devclopmant, 24 C.F.IL Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that thc latter has been found in viohtion of regulations under 24 C.F.K. Part 135 and will not let any subcontract unless thc subcontractor has first provided it with a preliminary statement of ability.to comply with thc requirements of tl~se regulations. e. Compliance with the provisions of Section 3, the re~lations set forth in 24 C.I:.R. Pazt 135, and all applicable rules and urdcrs of TDHCA hsued hereunder prior to the execution of thc contract, shall bc a condition of the federal f~nanclal assistance provided to the project, binding upon the applicant or rccipiant for such assistance, its successars and assigns. Failure to i~1f~lt 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.IC p~t 135. 15. _Section 503 Handi,.,,~,~cd (if $2.500 or Over) Afffn-mative markctine: for Hsudicaoved Worker!.. a. Th~ Firm will not disc~mlnate ag~ir~t any employee or applicant for employment because of physical or m~ntal h~ndicap in regard to any position for which thc employee or applicant for e,,~ployment is q,,~llt%d. The contractor agrees to take affirmative marketing to ,,,~,loy, advance in employment and otherwise t~eat q,~lified handicapped individuals without discrlmir~ation based upon their physical or mental handicap in all employment practices such as the following: Bmploymant, upgrading, demotion of tansfer, recn~itmcut, advertising, layoff or t~z~i,~tion, rates of pay or other forms of compcnsatioa and selection for trai,~i,~E, including apprenticeship. b. The Firm agrees to comply with the niles, ~cgulations, and relevant orders of thc Secretary of Labor issued pursuant to the Act. In thc event of the Finn's non-compliance with thc requirements of this clause, actions for non-compliance may bc takan in accordance with the roles, regulaUons, and relevant orders of the Secretary of La. bor issued pursuant to thc Act. d. The Finn a~rees to post in conspicuous places, available to en~loyees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the con~acting officer. Such notices shall state the Firm's obligatiun under the law to take af~tive marke~i.ug to employ and advance in employment qualified handicapped employees and applicanUs for employment, and the fights of applicants and employees. e. The Firm will notify each labor union or representative of workers with which it has a collective b~tgaining a~eement or other contract understanding, that the contractor is bound by the tcnns of Section 503 of p, ehabiliiation Act of 1973, and is committed to take affirmative racketing to employ and advance in employment physically and mentally handicapped individuals. f. The conU'actor v-ill include the provisions of this clause in every subconi~'act 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 subcuntractor with respect to any subconUact or purchase order as the Director of the Office of Federal ConU'act Con~pliance Programs may direct to enforce such provisions, including action for non-compliance. 16. Interest of Members of a Administrator. No member of the goverl~ug body of the Administrator and no other officer, e~loyee, or agent of the Adminisl~ator who exercises any functiom or responsibilities in connection with the pl...i~g and carry/rig out of the program, shall have any personal financial interest, direct or indirect, in this Contract, and the Firm shall take appropriate steps to assu~e compliance. 17. Interest of' Other Local Public Officials. No member of the governing body of the Administrator and no other pubhc official of such Adr~i-lstrator, who exercises any functions or respons~ilities in connection with the pla"'~inS and ca_,-ildng out of the program, shall have any personal 6naneial interest, direct or indirect, in this ConU'act;'and the Firm shall take approptiate steps to assure compliance. 18. Interest of'Firm and Employees. The Firm covenants that he/she presently has no interest and shall not acquire interest, direct or indirect, in thc study area or any parcels therein or any other interest which would conflict in any rn3nner or degree with the performance of his/her services hereunder. The Firm further covenants that in the performance of this Contract, n~person having any such interest shall be u~loyed.