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.