HomeMy WebLinkAbout7819RESOLUTION NO. 73119
A RESOLUTION APPROVING NEIGHBORHOOD HOUSING
SERVICES AND POSADA AS COMMUNITY HOUSING
DEVELOPMENT ORGANIZATIONS UNDER THE CITY OF
PUEBLO'S HOME INVESTMENT PARTNERSHIP PROGRAM
ADMINISTERED THROUGH HUD AND AUTHORIZING THE
CITY MANAGER TO EXECUTE AGREEMENTS FOR
COMMUNITY DEVELOPMENT SERVICES WITH SUCH
AGENCIES
WHEREAS, the City of Pueblo, pursuant to the HOME Investment Partnership Act, the
Craston- Gonzales National Affordable Housing Act and implementing regulations under 24 CFR
92, has been a recipient of HOME federal funds under the program since 1992; and
WHEREAS, in accordance with the provisions of the Act and 24 CFR 92 92:200, a
portion of such financial assistance subject to appropriation by the City Council, may be made
available to non - profit organizations for the purpose of carrying out specific elements of the City
of Pueblo housing strategy including the expansion of the availability of affordable housing for
low and moderate income Pueblo residents;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PUEBLO, COLORADO, that:
CFCTTnN T
The City Council of the City of Pueblo approves Neighborhood Housing Services and
Posada as Community Housing Development Organizations and the City Manager of the City of
Pueblo is authorized and directed to execute agreements with the agencies that will serve as
Community Housing Development Organizations.
INTRODUCED: February 26 , 1996
ATTEST:
City Cler
By John Verna
Councilperson
APPROVED:
�1 1
President of the City Council
September 7, 1995
Tony Beruinen
Director
Housing and Community Development
City of Pueblo
Pueblo, Colorado 81003
Dear Tony,
Enclosed pleas; find the completed CH-)O checklis', as per your request. Thank r
you for your assistance with this pi oject. We are hopeful that this collaborai4*01)
will successfully impact thQ. housin- crisis in Pueblo.
� j
We are awaiting word on our application to 'Mercy Housing for technical
assistance in CHDO developmert and managenient. We arc looking at donated
land located at 724 E. 5th Street (across the alley firom, Posada's Family SlIcIter) as
the site for our first development project. 'rh,- lot size would easily accoinmodate a
duplex (two three bedroom units). 'I will call to set zip a incetirig time to discuss
development plans with you.
Should YOU require additional Infoi pleasc feel free to contact me at ?o-sada.
AL 1; thank you for your suppoi of Posa-da.
Sincerely,
Kim Passanate
Associate Director
Attachmenit B
CHN" CWTKUST
"C infornnation contahlc'3 IM this ci',cckfist refers 'o the &Imition ff Coniinuniv.
Housing Dew1opment Orp-ariz-a! ions (;CHDOOs' in Subpart. A, Section 92.2 of the 110NIF
Interim Rule. The ch ecklist should b u l as a 1001 to CJL1,:d1C' participating jurisdictions
about the 6ocunslenls they r;Aelve from a nonprofit L_fol'e it may be certified as a
CI DO
'Al,
TAT1' S
A. The nonprofit organ., _01011 is O.I wider State or local laws, as evidenct-d by-
Ea Charter, ( .1-It
X ___ Arficivs off h!vorporation.
B. ?4o part of its net camings inur- to the ?,el efit �1 airy im�jjjbcr, founder, contributor,
or indiv;dmd, as evid by:
a Charter,
Artic
des, of Incorporation.
C. Has a tax exemption niling from the IRtC1113.1 PeVCMIC SCI_ViCe (IRS) Under Section
5`)l (c) of t1w IntetnJ Rev nun Co of 1986, as 1 by:
X a 501 (c) Cu from the IRS.
D. Vas aniong its poip ) cLs Cie p;v)visioli of `1°'Cent housing that is to iow- .
viod'--mic- lncon"': ocepl$_, as evidenc(-3 t a statemcmt 0. orgar;/.ation'�:
0
C:ar
Articles of Incorporation,
X BY-IwNS 0 N
Resolutioni.
11. C.&'j' TV
AL,'ff -
A, Conforins io the financial accounlaUiLty stamiards of Amu- 1" of 10AVB Circular
A- I K.)... "Standai for Financ-A y gs c�Jd..mcc: by: Q
a notarized ctateraent by the rwesident, or chief dinanci.A ofi7lcer of tha
organization;
a certification. front , i Certlflip�j PuNic Aczonntant,
X ______ a 11U) apprwv audit surnniary.
B. K. as a demonstratcd (- for carrying okii acti ities assist od with HOME fwnds. as
evidencod by:
X WlllnA� a[16/ or staten;ent,� C%tt describe the exper of key stziff
iywnibors E�ho have successray cenp!cted prtkiects slm.iiar to those to 0
assisted with HOME funds, QLR,
contract(s) , xifli consultant firnis or individuab who have honing
exp;?rienc,- ;i,!Yikr to p•clusts to be assisted with HOW.. funds, to tra*,nn
an,
, prqwi?*,y 2 key sLaff Gf the organization.
lias a Wtoij of swzying the communioi Mhcn-° hOU iilg t,,) be assiS .ccd with HOME
evidon� by:
iund� wilt used,
X --,- a statentent that docunie.nli at least one year of cxp�rience in serNing the
curnniun4y, Ot�
fGr PaWy creMed cwpWatioin forried by local churchts, service or
CO YTainity (erpnizatinps ! stat,- that di)cun that its parent
org.e,ix has at le a'-3! on2 year ot experience in serving the coinmunity.
Ile DIDO, or iv orpani nins'l U d,A- to ',huw ono yt-ar of S '.rving he
community from the dam the panki;Wng jurisdiction providt;s HOME funds to t'he
Otgah; I Vation. In the statement, the organizaWn mmst describe its histDry (or its 1parent
oq,7,aniz,itic hisy( ry) o,'. serving the cLc,4rimunity by desciibing z..- %,Uch it provid.
of ris parer! provide(l), s ich as, developing 1, housing, rchabili atip.g oxisting
�,JC,:k 11OLISir,'i; stock, dchivering, rijn housing services that have had la."Jing
tnnoflits for the conlinu Stich as Counseling, food re'aief 01 C-! facihti..S. 'A,-,
, ;tatt-m.-nt must be "igncd b the president of 6v orpnization Or by L': HUD approve-d
2
I—
ORG ANIJ
k Nfainmins at least owhinJ of A go, board's membership for residents of ior�v-
in neighborhoods, other to income coin. ituni', y residents, or elected
repitseilatives oflicw-income noighhwhood oqganizat. ions as t-videnccd by the
organization's:
Ily-Laws,
Ariticles of 'incorporation.
Umde the HOME program. for urban areas, the tend, "community", i- defined as
one or smA neighWAwds, a city, cm ay, or rnetrop -,Iitan area. For rural areas,
H commuAy" is donnod as one or several ncjhbmhoab, is tu Nn, vBhgq county, f nut i-
county arca ,'but not the ,vholc stawy pr(l&W that iiie � , ,)veming board low
resit: tnts fi. oin each of thc, rnuhi--co areas.
I,". Provides a fori proce for hm income, pro,, i !)eneficiarie<; tci advis the
cagmQuion in A! of As doisions Ill.- (CSigll, Stin,-
" develtopme"It, an'd
w0agment A -til " -.. Mal MWMe housing jw�jccts, as t-videnced ba .
a written statement of upwating precedum appm-ed by the governim,,
body,
C. A CHDC) nwiy he chartered by i State or local gov,!rrimunt; howeve.r, the Statt or
tot .l gpver may n apixim: (1) monc than onvthi of th, inernbership of the
or�, g,-jverning body: (�) tho board members appoinizd by the State or iocal
gomnimcm may not, in wir, appoint thc remaining two - thirds of the board wernb
an l (3) no mon- than one-third r �i governing board members are public officials,
as by tiiL. oq!,a; izaG,,)n's:
AzrtiOes of Incorporation.
11 if the CIID0 is sponsore(I (,.!- c.reatcd by a for-prAt entity, tho f tniity may
not appoint 11101 th 011u --UliD-1 Of the menawship (..)I' tat CHDO's governin body,
and the bz)�.rd mcml)ers oppointed by iLu for-proM antRy may not, in turn, appoint tl
remakinM w)- thirds of tho Nmrd inem'o(,is, a:, evi(icnoed by the CTIDO's:
-g
Charter, 01A
VAN of luvorpmMan.
B -3
IV. RELATIONSHIP WMI FC F TITIP'S
A. Is iiet controlled, nor rccl dii-CCAiUmis Axiividiialls, of sc;- profit
ficnn Jo�, organimtion, as evidencod by:
the organization's By-laws, OR
x a Mei-w-wrandum cl UwN, (MOU).
B. A Coalin-wifity Hous'ilg Dcve!opmLx.t Oi mad be rlpcmsorcd uc crcatC4 by a
for - profit entity hov,,
(1) the for-mllit c- itity's m'man pw' osc 0�
managemenA of housinf,!, a� evideric'
n/a hi t',e for-profit I
init wi',i 3v-!..-iws
AND;
the CED llr(:t"loc(-,wnctfor goods awl from vendor's) olf its o%vn
choosing, es evidcnud in the CF.DC) I s:
n/a
n a OR
,f Inccrp,0ration.
p 4 osada
09 N. Main St. Suite 221
Pueblo, Colorado 81003
(719) 545 -8776
lt� _
i
k>
POSADA
CHDO SCOPE OF SERVICES
�
As a community housing development agency, Posada is committed to introducing decent housing
that is affordable to homeless, low and moderate income families in Pueblo, Colorado. Housing
development activities will include projects within the City of Pueblo and Pueblo County.
Prospective development projects include but are not limited to the following: new construction
and/or rehabilitation of multi - family housing units to be utilized as permanent rental properties,
new construction and /or rehabilitation of single family housing to be utilized as permanent rental
housing units and/or for sale to qualifying families. The scope of services for CHDO activities will
include but are not limited to:
The Posada Board of Directors together with the Posada Housing Advisory Board and
Posada staff will develop a project selection criteria.
2. Strategic and business planning for proposed projects including feasibility studies.
3. Construct and or rehabilitate selected projects in accordance with all federal, state and
local laws and regulations. Adhere to Existing Housing Quality Standards, local building
and zoning regulations. New Construction will meed model energy codes as established by
the Council of American Building Officials.
4. Rental units will be subject to rent controls as defined by HUD's HOME rents standards
to insure that rents are available to poor families and individuals.
To adhere to equal opportunity and fair housing standards that no person shall on the
grounds of race, color, national origin, religion or sex be excluded, denied benefits or
subjected to discrimination under any program utilizing HOME funds.
6. Assist families with an analysis of their permanent housing needs.
7. To assist families with supportive services including employment and educational training
opportunities, and linkages to necessary services including applicable financial institutions
and agencies for the provision of homeownership qualification, down payment
assistance and credit counseling.
PROJECT TITLE: VENITA COMMUNITY HOUSING DEVELOPMENT
11 th and Venita Avenue, Pueblo, Colorado
Project Description: Posada as a Community Housing Development Organization proposes
to construct a six -plex multi family housing unit located at 11 th and
Venita Avenue. The housing development will be located to adjacent
multi - family housing units (casa Del Sol and new multi - family housing
units being developed by the Pueblo Housing Authority at 10 & Venita).
Posada plans for the Venita Community Housing project to include 6
apartments with four units directed to providing three bedrooms and
two apartments with two bedrooms. Off street parking will be available
to families residing at the complex. Laundry facilities will be included
on site in addition to security lighting. Landscaping plans are currently
being developed to include grassed areas, evergreen trees and bushes,
and flowering plants.
The Venita Housing Development will afford families accessibility to
day care at the Pueblo Headstart (located accross the street in the
former Spann Elementary School building), and elemetary schooling
at Eastwood Heights. East High School is located within a 1.5 mile
distance.
Site is accessible to City sewer and water services. Public Service Co.,
and WestPlains Energy will provide necessary utility services.
Total project budget is projected at $449,745. This preliminary budget
is pursuant to Posada Board Approval and available financing.
Project Budget:
RE: HOME FUNDS Project Administration
Posada Development Director $7,745
Land Purchase $20,000
Land Improvements and Construction costs $49,705
City of Pueblo HOME Funds $77,450
eighbor orks
October 2, 1992
Neighborhood Housing Services of Pueblo, Inc.
825 N. Greenwood
Pueblo, Colorado 81003 ;
(719) 544 -8078 ~
Mr. Tony Berumen, Director
Housing & Community Development
1 City Hall Place
Pueblo, CO 81003
Dear Tony,
This letter is to provide the information needed to prove,
Neighborhood Housing Services of Pueblo, Inc., does indeed qualify
to be a CHDO.
1. Purpose of Organizati
It is stated in our Articles of Incorporation that, "The specific
and primary purpose is to combat community deterioration and to
secure decent, safe, and sanitary housing, community facilities,
and other related facilities, services and conditions, economic,
social or otherwise, conducive to the progress and general welfare
of the community, by facilitating rehabilitation and improvement of
declining areas of the City of Pueblo and areas in sphere of
influence: by disseminating information to the neighborhoods
concerning housing and community improvement programs. By
encouraging the participation of residents of the affected
declining neighborhoods in the formulation and implementation of
the improvement plans, by promoting the cooperation and
coordination of such residents with 'public agencies and private
agencies and private industry and by assisting in the
implementation of the improvement plans ".
2. Geographic Service Area
See map. Attachment A.
3. AlpiproDri Not -For- P rof it Docu m ent ation
See Attachment B. 501(c)(3) letter.
4. Low Income Com
Sete Attachment C. Demographics
5. Board of Directors:
The only group that can be a majority is the Resident faculty of
the board. At present residents make up 1/3 of the NHS Board of
Directors. See Attachment D.
Building on the foundations of the past for a brighter future
��
a
HOti'Stf 3 & '
This letter is to provide the information needed to prove,
Neighborhood Housing Services of Pueblo, Inc., does indeed qualify
to be a CHDO.
1. Purpose of Organizati
It is stated in our Articles of Incorporation that, "The specific
and primary purpose is to combat community deterioration and to
secure decent, safe, and sanitary housing, community facilities,
and other related facilities, services and conditions, economic,
social or otherwise, conducive to the progress and general welfare
of the community, by facilitating rehabilitation and improvement of
declining areas of the City of Pueblo and areas in sphere of
influence: by disseminating information to the neighborhoods
concerning housing and community improvement programs. By
encouraging the participation of residents of the affected
declining neighborhoods in the formulation and implementation of
the improvement plans, by promoting the cooperation and
coordination of such residents with 'public agencies and private
agencies and private industry and by assisting in the
implementation of the improvement plans ".
2. Geographic Service Area
See map. Attachment A.
3. AlpiproDri Not -For- P rof it Docu m ent ation
See Attachment B. 501(c)(3) letter.
4. Low Income Com
Sete Attachment C. Demographics
5. Board of Directors:
The only group that can be a majority is the Resident faculty of
the board. At present residents make up 1/3 of the NHS Board of
Directors. See Attachment D.
Building on the foundations of the past for a brighter future
R alUBIT A
Purpose: $75,000.00, 1995 Home funds leveraged with an additional $1,850,000 in
other financing, to he used towards the purchase and rehabilitation of 35 single
family residences for low to moderate income clients as follows:
DESCRIPTION
Purchase - principal & interest
buydown and/or land acquisition
for development of single family
residences and/or development
of a multi.-family unit
Local conventional financing
NHSA Secondary Market
NHS HOP Grant
Buyer 2% downpayment
1,804,500
7,000
38,500
$1,925,000
'01JPUS A14D USLS S I A I IM.MT ANALYSIS & DOCUMENTATK
NAME OF PROJECT.
SOURCES: 1 E - 7 , . v i 1`1 4 1 i
IF 11 A C�`M 1. E T IC11 1 :1
I(_ 1`74MM111 UITS, AGREEMENTS, PRC,MISSOP
NECESSARY ': APFP.-:)FRLAT!
T AL SOURCES:
HOME GRANT BUDGET BALANCE
75,000 75,000
PF I A!LLD ESI IMATES, LIDS
U:7iMATE3, FADS
":-F - ,,'JLED E7. '11- BIDS
1; i' ESTIMATES,
TAII U ESTIMATES, BIDS
L ESTIMATES, EMS
J;;DS
L FT rUiOL
iE�I;M/JES, 13:E�S. DETAIL
ti.Vw WZH
L t%; I t.
L•': i
I I I--
USES:
0 FUNWi
Ll
L,APS
I
liLALTU & SAFETY:
ELECTRICAL
I
-:RUCTURAL
—
—
- '
B*J ILDM REILAD
(11110*) I
�
�
TO TAL USES
HOME GRANT BUDGET BALANCE
75,000 75,000
PF I A!LLD ESI IMATES, LIDS
U:7iMATE3, FADS
":-F - ,,'JLED E7. '11- BIDS
1; i' ESTIMATES,
TAII U ESTIMATES, BIDS
L ESTIMATES, EMS
J;;DS
L FT rUiOL
iE�I;M/JES, 13:E�S. DETAIL
Attachment B
r
CHDO CHECKLIST
r
tea, L" b� ✓'—��
The information contained in this checklist refers to the
definition of Cc:: unity Hcusing Development Organizations
(CHDOs) in Subpart, A, Section 92.2 of the HOME Interim
Rule. The checklist should be used as a tool to help
participating jurisdictions learn more about the documents they
must collect from a nonprofit in order to certify the nonprofit
as a CHDO.
I. LEGAL STATUS
A. The nonprofit organization is organized under State or local
laws, as evidenced by:
a Charter, OR
---- Articles of incorporation.
B. .7o part of its net earnings inure to the benefit of any
member, founder, contributor, or individual, as evidenced
by.
a Charter, OR
Articles of Incorporation.
C. Has a tax exem," --icn ruling from the Internal Revenue Service
(IRS) under Section 501 (c) of t Internal Revenue Code of
1986, as evidenced by:
i
` O a 501 (c) Certificate from the IRS.
D. Has among its purposes the prevision of decent housing that
is affordable to low- and moderate- inccme people, as
evidenced ty a statement in the organization's:
Charter,
_ Articles of Incorporation,
_ By -l&ws, OR
Resolutions.
I? CAPACITY
�. Ccnforas to the financial accountability standards of
Attachment F of CMB Circular h -110, "Standards for Financial
Manage ^ent Systems ", as evidence3 by:
1W ,- 9
a notarized statement by the president, or chief
financial officer of the organization;
a certification from a Certified Public Accountant,
OR
a HUD approved audit summary.
B. Has a demonstrated capacity for carrying out activities
assisted with HOME funds, as evidenced by:
resumes and/or statements that describe the
experience of accomplished key staff members who
have successfully completed projects similar to those
to be assisted with HOME funds, OR
contract(s) with consultant firms or individuals
who have housing ex—perience similar to projects to-be
assisted with HOXE funds, to train appropriate key
staff of the organization.
C. Has a history of servi the community where housing to be
assisted with 'iCXE funds will be used, as evidenced by:
a statement that documents at least one year of
experience in serving the co=unity, OR
for newly created organizations formed by local
churotes, service or community organizations, a
statement that documents that its parent organization
has at least one year of experience in se ^ring the
Community.
The CHDO, or its parent organization must be able to show
one year of serving the ccrr;unity from the date the participating
jurisdiction provides HOME funds to the organization. Tn the
.Statement, the organization rust describe its history (or its
carent organization's history) of se_ :ing the co,:;,unity by
describing activities which it provi�ed (or its parent
,.organization provided), such as, but of limited to: (1)
developing new housing, rehabilitati:�a existing stock cr managing
.'. ;sing stock and; (2) dev delivery mechanisms for
essential services that have lasting 'enefits for the cc nity
.,such as housing counseling ser :,r c ildcare Facilities. The
state rent must be signed by t. president of the organization or
*y a FUD approved representative.
III. ORGANIZATNAL STRUCT7RE
A. Maintains at least one -third of its governing board's
rerbership for residents of low- income neig,- borhocds, other
low- incem,e ccrmunity residents, or elected representatives
of low- inccme neighborhood organizations as evidenced by the
organization's:
e
By -Laws,
Charter, OR
Articles of Incorporation.
Under the HC`1- program, for urban areas, t :e term,
"community ", is defined as one or several neighbcrhoods, a cit,,
county, or -metropolitan area. For rural areas, "ccmnuni ty" is
defined as one or several neigtcrhoods, a town, '✓;llage, county,
or :multi county area (:^ut not the whole state) , provide: that the
governing beard contains low- income residents frcn each of the
multi- county areas.
B. Provides a fc=31 _ _ccess for low- incc-;e, program
beneficiaries to ad• ✓;se the organization in all of its
decisions re73rding the design, siting, develop and
management of 311 affcrd3ble housing projects, as evidenced
by.
the orga::iz By -laws,
Resolutions, OR
a Written statement of
by the governing body.
operating procedures approved
0. A CHDO can '--e c ^artered by a Stato cr loc �:cvern-ent;
however, the State or local gcvernme:-:t ray nct appoint more
than one- ~hire of :'-.e -e -. ersh;p of the organization's
governing body and no -ore than one -thin: cf the co
beard -, em'-ers are public officials, as evidenced uy the
organization's:
By -laws,
Charter, OR
Articles of -Incorporation.
D. If the CHCO is sponsored cr created --y a for-_rcft entity,
the fcr- profit entity -.ay not appc_.,t -.ore - 'an cre- -third of
the merihership c' t`:e CHDO's gevc --r ,in-1 ccdy, and the board
^e"berS accointe Sy the for- fit ntit`f -ay nOt, in t'�_. ,
appoint ti re- :a_ - inq t:;c- thirds cf the boar- me:-.,:ers, as
evidenced ty t::e k14
v
By -laws,
Charter, OR =�
Articles of Incorporation.
ID. RELATIONSHIP WITH FOR- PROFIT E NTITIES
A. Is not ccntrolled, nor receives directions dre:a individuals,
or entities seer;ing profit from the crganizaticn, as
evidenced by:
the organization's By -laws, OR
a Memorandum of Understanding (M00).
B. A Co:=,unity Housing Devei cement Organization nay be ����
sponsored or created by a fcr- profit entity, h o - ..:ever:
(1) the for - profit entity's primary purpose does not
include the develcpment or management of hota9ing, as
evidenced:
in its n-v-laws
7k N:) ;
(2) the CHDO is free to contract for goods and
services from vendor(s) of its own choosing, aF evidenced in
the C`ZDO' s :
By -laws,
Charter, OR
Articles of Incorporation.
.
page 2
6. 5non5ored CHDGs:
N/A
7. Attachment D.
8. CH DQ Experience:
Neighborhood Housing Services of Pueblo, Inc. has fourteen years
experience serving in the community and providing professional and
technical assistance to neighborhood residents and organizations
involved by securing, producing, rehabilitating, or improving
housing. The three neighborhoods are: Minnequa Heights 1978, to
1982, Eastside 1982, to 1987, and the Downtown /Northside
neighborhood 1987, to present. See Attachment E.
9. See 1991/92 FY Audit cover letter. Attachment F.
10. Ca pacity:
See Attachment G.
If you have any questions please don't hesitate to give me a call.
Since ly
Lionel A. Trujillo
Executive Director
LAT /j11
Enclosure
AGREEMENT FOR COMMUNITY HOUSING DEVELOPMENT SERVICES
(CHDO SET ASIDE)
This Agreement is made and entered into this 27th day of February , 1996 by and
between the City of Pueblo, a Municipal Corporation (hereinafter referred to as "City ") and
Posada (hereinafter referred to as "CHDO ").
WITNESSETH, that:
WHEREAS, the City has, under date of Febuary 14, 1995, entered into an agreement
with the U.S. Department of Housing and Urban Development ( "HUD ") whereby federal financial
assistance may be made available to City as a participating jurisdiction for the purpose of
expanding the availability of affordable housing pursuant to the Home Investment Partnerships
Act ( "the Act ") (42 U.S.C. 12701 et . seq.), the Cranston - Gonzales National Affordable Housing
Act and implementing regulations, including but not limited to those at 24 CFR Part 92; and
WHEREAS, in accordance with the provisions of Section 231 of the Act and 24 CFR
Section 92.300, a portion of such financial assistance, subject to deobligation, should be made
available to community housing development organizations for the purpose of carrying out
specific elements of the participating jurisdiction's housing strategy; and
WHEREAS, CHDO has represented to City that it is a duly qualified community housing
development organization which is eligible and willing to undertake certain approved elements
of City's housing strategy identified herein and in the Scope of Services attached hereto; and
WHEREAS, based upon CHDO's representations, the City believes CHDO is capable or
can reasonably be expected to become capable of carrying out said approved elements of City's
housing strategy, and City is willing to allocate federal funds to CHDO for investment in housing
to be developed, sponsored or owned by CHDO which will comply with and fulfill said approved
elements of City's housing strategy;
NOW, THEREFORE, in consideration of the foregoing recitals and the covenants, terms
and conditions set forth herein, the parties agree as follows:
1. CHDO SERVICES
(a) CHDO shall undertake, in accordance with all applicable federal, state and local
laws and regulations, control and development of a project or projects in furtherance of City's
housing strategy and approved by the City and perform and complete all services and items of
work, and furnish all labor and materials encompassed within or reasonably necessary to
accomplish the tasks and functions described in the Scope of Services attached hereto as Exhibit
"A ". Before proceeding with each discrete project, CHDO shall furnish City with all reasonable
information which City may request concerning such project, demonstrate eligibility of such
1
project for assistance under this Agreement, and obtain the written approval of City's authorized
representative as to such project.
(b) CHDO warrants and represents that (i) it has the requisite authority and capacity
to perform all terms and conditions to be performed by CHDO hereunder; (ii) that it is duly
organized as a non - profit organization under state law and is in good standing; (iii) that it meets,
or before accepting any payment hereunder will meet, the organizational, membership and
accountability requirements of community housing development organizations as that term is
defined and limited in 24 CFR Section 92.2 [56 Fed. Reg. 65340]; (iv) that it is aware of and
understands its duty to perform all functions and services in accordance with the regulatory
requirements identified in Exhibit "C" hereto; and (v) that it is accepting federal financial
assistance hereunder subject to certain mandatory repayment provisions.
(c) Time is of the essence hereof. CHDO agrees that it shall commit and invest all
funds made available hereunder for reimbursement by July 20, 1996.
2. RESPONSIBILITIES OF THE CITY
The City shall designate a representative of the City who will be authorized to make all
necessary decisions required of the City on behalf of the City in connection with this Agreement,
approval of projects undertaken by CHDO hereunder and disbursing of funds in connection with
the program. In the absence of such a designation, the City Manager shall be deemed as City's
authorized representative.
3. PAYMENT TO CHDO
(a) All reimbursement to CHDO is subject to all of the following requirements, which
shall be conditions precedent to payment: (i) that CHDO has committed funds to one or more
eligible approved projects prior to July 20, 1996, (ii) that CHDO is not in default of any material
provision of this Agreement nor applicable law or regulation, (iii) that CHDO has timely
submitted requests for reimbursement detailing the eligible reimbursement items in a format
approved by City, (iv) that CHDO has certified with each reimbursement request compliance with
the requirements identified in Exhibit "C" and that all expenditures for which reimbursement is
sought were made for and in furtherance of an approved project and are an eligible use of federal
assistance under the Act, and (v) that City has timely received from HUD sufficient federal
assistance under the Act to pay the reimbursement hereunder.
(b) Payment hereunder is also subject to and may only be disbursed in accordance with
HUD regulations including but not limited to those at 24 CFR Part 92, as presently promulgated
and as same may be revised from time to time in the future. All payments received by CHDO
hereunder are subject to repayment by CHDO as provided in 24 CFR Part 92.
(c) The aggregate of all payments made hereunder shall not exceed Seventy Five
Thousand Dollars (U.S. $77,450).
14
(d) Upon expiration of the term of this agreement or upon any prior termination,
CHDO shall transfer to the City, any funds provided hereunder which are in hand at the time of
expiration or termination together with any accounts receivable attributable to the use of funds
provided hereunder.
4. TERM OF AGREEMENT
Unless sooner terminated, the term of this Agreement shall be from the date of execution
hereof until July 20, 1996; provided, however, that with the respect to all projects receiving
financial assistance paid to CHDO during the term of this Agreement, CHDO shall have
continuing responsibility to comply with the performance, certifications, repayment, affirmative
marketing, housing affordability compliance and recordkeeping requirements of this Agreement,
and 24 CFR Part 92 (including, without limitation 24 CFR Sections 92.252, 92.254, 92.301,
92.351 and 92.508) which shall survive expiration or termination and remain in effect throughout
the required full period of affordability, notwithstanding termination or expiration of this
Agreement. As used herein, "period of affordability" shall mean 15 years except that if the
assistance provided hereunder is used in connection with a project financed by a mortgage insured
by HUD under Chapter II of Title 24, Code of Federal Regulations, the period of affordability
shall be the full original term of said mortgage or 15 years, whichever is longer.
5. TERMINATION OF AGREEMENT
a. For Cause This Agreement may be terminated by City for cause, including
nonperformance by CHDO, upon ten (10) days written notice to CHDO including a statement of
the reasons therefor, and after an opportunity for a hearing has been afforded. If a hearing is
requested, it shall be held before the City's Director of Housing and Community Development
whose decision as to the grounds for termination and the appropriateness thereof shall be final
and binding upon both City and CHDO. In accordance with 24 CFR 85.43, cause for termination
shall include any material failure by CHDO to comply with any term of this Agreement.
b. For Convenience This Agreement may be terminated for convenience in
accordance with the provisions of 24 CFR 85.44. This Agreement shall terminate immediately
upon any suspension or non - receipt of federal assistance provided to City under the Act.
C. Post Termination Procedures In the event of termination, CHDO shall continue
to be responsible for those matters which survive termination identified in paragraph 4 above,
unless City takes over the project or projects and, in connection therewith, prospectively releases
CHDO from one or more specific responsibilities in writing. Additionally, at City's sole option,
all property acquired by CHDO with grant funds, all grant funds, program income, and loans
originated with grant funds or by payments therefrom and payments received under such
mortgage loans, held, owned or retained by CHDO shall immediately become the sole and
separate property of the City and CHDO shall perform all acts and execute all instruments
necessary to transfer and assign such property, funds, income, and mortgage loans to City. All
finished or unfinished documents, data, studies reports and work product prepared by CHDO
3
under this Agreement or with grant funds shall, at the option of the City, become its property and
CHDO shall be entitled to received just and equitable compensation only for satisfactory work
completed and CHDO eligible costs for which compensation has not previously been paid nor
reimbursement made.
6. ASSIGNABILITY
This Agreement shall not be assigned or transferred by CHDO without the prior written
consent of the City. Any assignment or attempted assignment made in violation of this provision
shall be void and of no effect.
7. CONFLICT OF INTEREST
CHDO certifies and warrants that neither it nor any member of its Board of Directors,
Officers or employees has or will derive any personal or financial interest or benefit from the
activities assisted pursuant to this Agreement nor has an interest in any contract, subcontract or
agreement with respect thereto, nor the proceeds thereunder, either for themselves or for those
with whom they have family or business ties, during their tenure and for one year thereafter.
CHDO shall avoid all conflicts prohibited by applicable regulations, including but not limited to
those set forth in 24 CFR 92 as presently promulgated and as same may be amended from time
to time in the future.
8. CHDO RECORDKEEPING
CHDO shall maintain records as to all projects undertaken with assistance hereunder,
services provided, reimbursable expenses pertaining to Scope of Services and complete accounting
records which shall be kept on a generally recognized accounting basis and as requested by the
City's auditor. CHDO agrees to comply with all applicable uniform administrative requirements
described or referenced in 24 CFR Part 92. The compliance provisions attached as Exhibit "B"
hereto are made a part of this Contract, and CHDO agrees to perform and comply with same.
The City, HUD, the Comptroller General of the United States, the Inspector General of HUD,
or any of their duly authorized representatives, shall have the right to inspect and copy, during
reasonable business hours, all books, documents, papers and records of CHDO which relate to
this Agreement for the purpose of making an audit or examination. Upon completion of the work
and end of the term of this Agreement, the City may, at any time during the period of
affordability or within 5 years thereafter, require all of CHDO financial records relating to this
Agreement to be turned over to the City.
9. MONITORING AND EVALUATION
The City reserves the right to monitor and evaluate the progress and performance of
CHDO to assure that the terms of this Agreement are being satisfactorily fulfilled in accordance
with HUD's, City's and other applicable monitoring and evaluating criteria standards. The City
shall at least quarterly review CHDO performance using on -site visits, progress reports required
M
409 N. ;'Main St. Suit2 221
Pueblo, Colorado 8100"1
(7 19; 545 -9775
I i
y r �
l '
t OS,' i,��A
CHDO SCOPE; O F SERVICES
As a community housing development age: cy, Posada is committed to
introducing decent housing that is affordable to homeless, low am
moderate income families in Pueblo, Colorado. Housing development
activities will irlclud(: projects within the City of Pueblo and Pueblo
County. Prospective developinent projects include but are not limited to
the following: new coast, uction /or rellabi',itatioii of mult)- family
housing units to be utilized as permanent rental properties, nv
construction and /or rehabilitation of single family housing to be utilized as
permanent rental blousing units and/or for sale to qualifying f,-arnilics.
scope of services for CIIDO activities A ill include bul, are not l eluted to:
1. The Posada Board of Directors together with the Posada Housing
Advi,onj Board and Posada stayfi'will develop a ,project selection
criteria..
?. Strategi c and bllI — t�l Inning for p, oposed projects.
Including feasibility studies.
3. Conso "I and or re}lal�iiitale sclected projects in accordaatce with
all federal, state and laical laws and regulations. Adhere to Existing
Housing Qu::ality ss!anda)-ds, local building and zoning regulations.
Nevv Construction will meed model enemy codes as est vbiisl)ed by
the Council of American Building Officials.
4. Rental unii; will be subject to rent controls as defined by HUD's
HOME rents standards to insure that rents are aveailable to poor
families and ir,E:lividuals .
To adhere to equal opportunity and fair housi,rg standards that no
person shall on he grounds o race, color, national ongin, religion
or sex be excluded, denied benefits or Sul jec;ted to discrimination
under ariy pi -ogram utili7av6;110IME Rinds.
i
F>. Assist anliiies with -. rr +.alysi :; ' : :,f t'r�eir per�,aarent housing nee
7. To as.` I`it fhmlilC�s with supportivC s ervim,, including emp1.;3•ment
and educaJonll tr« imng ! �ppOrt Lim ties, and I1I?l`a -cs to ikeccssar'v
,services including appllcabfv vig-ti ial Ir's i and a,l;encles Ifor
thy; provision of c :lification, dower paymi (1 it
assistance Mid Ir.dkt couii -olir g,
EXI-I I 13 i I' B
COMPLIANCE PROVISIONS INCORPORATED
IN A CONTRACT FOR SERVICES
1. An accounting system using the accrual basis of generally accepted accounting principles
which accurately reflects all costs chargeable (paid and unpaid) to the project should the
project terminate the next day is mandatory. A receipts and disbursements ledger must
be maintained. A general ledger with an income and expense account for each budgeted
line item is necessary. Paid invoices revealing check number, date paid and item is
necessary. Paid invoices revealing check number, date paid and evidence of goods or
services received are to be filed according to the expense account they were charged.
The City must review and approve your account system and internal controls prior to the
release of funds.
2. There is no flexibility on budgets. Line items may be changed only by the City's written
concurrence of a budget amendment.
3. A log listing all long distance telephone calls must be maintained (showing date, city and
agency called, person mal:ing call and person called).
4. Eligible expenses are those considered reasonable and necessary costs for the efficient
operation of the program as determined by the City. All costs must be budgeted items.
Requests for advance or reimbursements of expenses must be accompanied by:
1. Original Invoice marked with funding source
2. Detailed listing of each expense showing:
a) recipient
b) brief description of purchase
C) amount with method of computation detailed
Cost Summary must be submitted on a monthly basis to reflect entries through the
closing date for the books (indicate Closing Date on Cost Summary).
5. All employees handling funds are required to be insured by a fidelity bond.
6. The City shall not be obligated to any third parties of the contractor. Each contractor
is further cautioned against obligating funds beyond the contract date of the agreement
between the City and the contractor. (Example: rent or Iease agreements, service
contracts, insurance, etc.).
7. The contractor will furnish the City such statements, records, data and information, and
permit such interviews with personnel as the City may request in, order to effectively
monitor and evaluate the project.
8. City auditors will periodically make interim audits and may upon completion of the
project, make a final audit.
9. All records must be retained by the agency for a period of three years following the last
day of each contract. (Cost summary reports must reflect actual general ledger
balances.)
Eh'HIBIT C
CERTIFICATIONS
Subrecipient hereby certifies that the grant will be conducted and administered in
compliance with:
(1) Title VI of the Civil Rights Act of 1 964 (Pub. L. 88 - 352; 42 U.S.C. 2000d, �
,cam.) and implementing regulations issued at 24 CFR Part 1;
(2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90 -284; 42 U.S.C. 3601, !Zl
. }, as amended; and that the grantee will administer all programs and activities related to
housing and community development in a manner to affirmatively further fair housing;
(3) Section 109 of the Housing and Community Development Act of 1974, as
amended; and the regulations issued pursuant thereto;
(4) Section 3 of the Housing and Urban Development Act of 1968, as amended;
(5) Executive Order 11246, as a-nended by Executive Orders 11375 and 12086, and
implementing regulations issued at 41 CFR Chapter 60;
(6) Executive Order 11063, as amended by Executive Orders 12259, and
implementing regulations at 24 CFR Part 107;
(7) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93 -112), as amended, and
implementing regulations when published for effect;
(8) The Age Discrimination Act of 1975 (Pub. L. 94 -135), as amended, and
implementing regulations when published for effect;
(9) The relocation requirements of Title II and the acquisition requirements of Title
III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
and the HUD implementing regulations set forth in 24 CFR Part 42;
(10) Executive Order 11988 relating to the evaluation of flood hazards and Executive
Order 11288 relating to the prevention, control and abatement of water pollution;
(11) The flood insurance purchase requirements of Section 102(x) of the Flood Disaster
Protection Act of 1973 (Pub. L. 93 -234);
(12) The applicable regulations, policies, guidelines and requirements of ON3 Circular
Nos. A -102, Revised, 24 CFR 85 and Subpart J of 24 CFR 570, A -87, A -110, A -122, A -128
and A -133 as they relate to the acceptance and use of federal funds under this federally- assisted
program;
(13) The Clean Air Act (42 U.S.C. 7401 et. seq.) as amended; particularly section 176
(c) and (d) [42 U.S.C. 7506 (c) and (d)];
(14) HUD environmental criteria and standards [24 CFR Part 51, Environmental
Criteria and Standards];
(15) The Safe Drinldng Water Act of 1974 (42 U.S.C. 201, 300 (f) et. seq., and 21
U.S.C. 349) as amended; particularly section 1424 (e) (42 U.S.C. 300 (h)- 303(e));
(16) The Endangered Species Act of 1973 (16 U.S.C. 1531 et. seq.) as amended;
including but not limited to section 7 (16 U.S.C. 1536) thereof;
(17) The Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1272 et. seq.) as amended;
particularly section 7 (b) and (c) [16 U.S.C. 1278 (b) and (c)];
(18) The Reservoir Salvage Act of 1960 916 U.S.C. 469 et. seq.); particularly section
3 (16 U.S.C. 469a -1); as amended by the Archeological and Historical Preservation Act of 1974;
(19) Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et. seq.) as amended;
particularly sections 102(a) and 202(a) [42 U.S.C. 4012a(a) and 4106(a)];
(20) Executive order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et,
seq.); particularly sections 2 and 5;
(21) It will comply with the Lead -Based Paint Poisoning Prevention requirements of
25 CFR Part 35 issued pursuant to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C.
4821 et. seq.);
(22) The National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) as
amended; particularly section 106 (16 U.S.C. 4700; and
(23) Executive Order 11593, Protection and Enhancement of the Cultural Environment,
May 13, 1971 (36 FR 8921 et. seq.); particularly section 2(c).
(24) Construction work financed in whole or in part with federal funds is subject to
the prevailing wage requirements of the Davis Bacon Act (29 CFR, Parts 3 and 5), the Copeland
Act (29 CFR Part 3), and the Contract Work Hours and Safety Standards Act (Public Law
91 -54, 83 Stat. 96). When a project meets this applicability requirement, the labor standards
provisions of the HUD 4010 and the Davis Bacon Wage Decision issued for the project will be
incorporated into this contract document and shall be incorporated into all cons" contracts
and subcontracts of any tier thereunder.
(25) No CDBG funds may be expended for lobbying purposes and payments from other
sources for lobbying must be disclosed 24 CFR Part 87.
(26) Where asbestos is present in property undergoing rehabilitation, Federal
requirements apply regarding worker exposure, abatement procedures and disposal. CPD -90 -44
EPA/OSHA.
Signature
Acvisa 6nJ94
City Coou=U Dick
SUBCON'r