HomeMy WebLinkAbout7820RESOLUTION NO. 7820
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
RICHMOND SENIOR HOUSING, INC. AND THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, FOR COMMUNITY
HOUSING DEVELOPMENT SERVICES IN FURTHERANCE
OF THE CITY'S HOUSING STRATEGY, AND AUTHORIZING
THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1
The agreement dated February 26, 1996, between Richmond Senior Housing, Inc. and the
City of Pueblo, a Municipal Corporation, ( "the Agreement ") to provide community development
services in furtherance of the City's comprehensive housing strategy in conjunction with the U.S.
Department of Housing and Urban Development ( "HUD ") HOME Program, a copy of which is
attached and incorporated, having been approved as to form by the City Attorney, is hereby
approved, and made subject to and contingent upon receipt of the federal financial assistance
therefor.
SECTION 2
Paymeat for services rendered and activities performed under the Agreement shall be paid
from Account No. 02- 1996 - 100 -0- 040 -1081 up to and not exceeding $100,000. Upon expenditure
of the entire obligated amount from said Account No. 02- 1996 - 100 -0- 040 -1081, payment for
services rendered and activities performed under the Agreement up to and not exceeding $200,000
shall be paid from Account No. 60- 1996 -0- 650 -5823 subject to and contingent upon sufficient Fiscal
Year 1996 funds being appropriated by Congress and awarded to the City by HUD for HOME
Program Activities and the appropriation and allotment of same for the Agreement.
SECTION 3
The President of the City Council is hereby authorized to execute said Agreement on behalf
of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and
attest same.
INTRODUCED: February 26 1996
ATTEST:
City Clerk
By Samuel Corsentino
Councilperson
APPROVED:
President of the City Council
7:\ CITY\ HOUSING \IIOME \SRDAHOUS\RESOLLJTI.WPD -2-
AGREEMENT FOR CO? IMUNITY HOUSP\TG DEVELOPMENT SERVICES
This Agreement is made and entered into this 26 day of February 1996 by and between
the City of Pueblo, a Municipal Corporation (hereinafter referred to as "City ") and Richmond Senior
Housing, Inc. (hereinafter referred to as "RSH ").
NVITN T- SSETH, that:
WHEREAS, the City has, under date of February 17, 1995, entered into an agreement with
the U.S. Department of Housing and Urban Development ( "HUD "), and it is anticipated that a
subsequent fiscal year (1996) agreement will also be executed, subject to appropriation therefor,
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 el. ee�C .), 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 the Act and 24 CFR Sections 92.200 and
92.205, a portion of such financial assistance, subject to deobligation (and subject to appropriation
with respect to FY 1996 assistance), may be made available to non - profit organizations for the
purpose of carrying out specific elements of the participating jurisdiction's housing strategy
including new construction of affordable rental housing; and
WHEREAS, RSH has represented to City that it is a duly qualified non - profit 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 RSITs representations, the City believes RSH 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 RSH for investment in housing to be
developed, sponsored or owned by RSH 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. RSH SERVICES
(a) RSH shall undertake, in accordance with all applicable federal, state and local laws
and regulations, control and development of a project in furtherance of City's housing strategy and
approved by the City and satisfactorily 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" and incorporated
herein by reference, in full compliance with all provisions of this Agreement. Before proceeding
with the project, RSH shall furnish City with all reasonable information which City may request
concerning such project, demonstrate eligibility of such project for assistance under this Agreement,
and obtain the written approval of City's authorized representative as to such project.
(b) RSH warrants and represents that (i) it has the requisite authority and capacity to
perform all terms and conditions on RSH's part to be performed hereunder; (ii) that it is duly
organized as a non - profit organization under state law and is in good standing with the Secretary
of State of Colorado; (iii) that it meets, or before accepting any payment hereunder will meet, with
the exception of board membership, the organizational 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 of 24 CFR Part 92 and those
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. RSH agrees that it shall commit and invest all funds
made available hereunder for reimbursement within 18 months of February 26, 1996.
(d) RSH acknowleges that because this agreement concerns a project for the construction
of affordable housing consisting of more than 12 units, RSH shall require in all contracts for the
construction of the project that (i) prevailing wages be paid to all laborers and mechanics performing
work on the project pursuant to 24 CFR §92.354 and the Davis -Bacon Act [40 U.S.C. 276a -5] and
(ii) the contract is subject to applicable requirements of the Contract Work Hours and Safety
Standards Act [40 U.S.C. 327 -332].
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 the performance
of this Agreement, approval of the project to be undertaken by RSH hereunder and the disbursement
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. SUBRECIPIENT'S COMPENSATION AND METHOD OF PAYMENT
(a) The City will pay to RSH an amount up to that specified in subparagraph (c) of this
paragraph as full compensation for all services and work to be performed or undertaken by
Subrecipient under this Agreement. Payment of funds to RSH is subject to all of the following
requirements, which shall be conditions precedent to payment: (i) that RSH has expended funds after
February 26, 1996 for eligible approved expenditures with respect to an approved project, (ii) that
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regulation, (iii) that RSH has timely submitted requests for payment or reimbursement detailing
the eligible payment or reimbursement items in a format approved by City, (iv) that RSH has
certified with each payment or 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 RSH
hereunder are subject to repayment by RSH as provided in 24 CFR Part 92.
(c) The aggregate of all payments made hereunder shall not exceed T hree Hundred
Thousand Dollars (U.S. $ 300,000 ).
(d) Upon expiration of the term of this agreement or upon any prior termination, RSH
shall transfer to City any funds provided hereunder which are on 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 August 30, 1997; provided however, that with the respect to a project for which RSH
has received financial assistance under and during the term of this Agreement, RSH 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 any
nonperformance by RSH, upon ten (10) days written notice to RSH 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 both the grounds for termination and the appropriateness thereof shall be
final and binding upon both City and RSH. In accordance with 24 CFR 85.43, cause for
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as to both the grounds for termination and the appropriateness thereof shall be final and binding
upon both City and RSH. In accordance with 24 CFR 85.43, cause for termination shall include any
material failure by RSH 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 non -
appropriation of FY 1996 funds, or upon any suspension or non - receipt of federal assistance
provided to City under the Act, regardless of cause.
(c) Post Termination Procedures In the event of termination, RSH shall continue to be
responsible for those matters which survive termination identified in paragraph 4 above, unless City
takes over the project and, in connection therewith, prospectively releases RSH from one or more
specific responsibilities in writing. Additionally, at City's sole option, all property acquired by RSH
with grant funds, all grant funds, program income, and mortgage loans originated with grant funds
or by payments therefrom and payments received under such mortgage loans, held, owned or
retained by RSH shall immediately become the sole and separate property of the City and RSH 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 RSH under this Agreement or with grant funds shall, at the option of the
City, become its property and RSH shall be entitled to received just and equitable compensation
only for satisfactory work completed and eligible costs for which compensation has not previously
been paid nor reimbursement made.
6. ASSIGNABILITY
This Agreement shall not be assigned or transferred by RSH without the prior written
consent of the City. Any assignment or attempted assignment made in violation of this provision
shall, at City's election, be deemed void and of no effect whatsoever.
7. CONFLICT OF INTEREST
RSH 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 activity or
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. RSH 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 revised from time to time in the future.
8. RSH RECORDKEEPING
RSH shall maintain records as to all project work and activities undertaken with assistance
hereunder, services provided, reimbursable expenses incurred in performing the Scope of Services
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and complete accounting records. Accounting records shall be kept on a generally recognized
accounting basis and as requested by the City's auditor. RSH 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 Agreement, and RSH agrees to
perform and comply with same. The City, HUD, the Comptroller General of the United States, the
Inspector General of HUD, and any of their authorized representatives, shall have the right to
inspect and copy, during reasonable business hours, all books, documents, papers and records of
RSH 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 RSH financial records relating to
this Agreement to be turned over to the City.
9. MONITORING AND EVALUATION
The City shall have the right to monitor and evaluate the progress and performance of RSH
to assure that the terms of this Agreement are being satisfactorily fulfilled in accordance with
HUD's, City's and other applicable monitoring and evaluation criteria and standards. The City shall
at least quarterly review RSH's performance using on -site visits, progress reports required to be
submitted by RSH, audit findings, disbursement transactions and contact with RSH as necessary.
RSH shall furnish to the City monthly or quarterly program and financial reports of its activities in
such form and manner as may be requested by the City. RSH shall fully cooperate with City
relating to such monitoring and evaluation.
10. RSH FILES AND INFORMATION REPORTS
RSH shall maintain files containing information which shall clearly document all activities
performed in conjunction with this Agreement, including, but not limited to, financial transactions,
conformance with assurances, activity reports, and program income. These records shall be retained
by RSH for a period of five years, except that with respect to the project undertaken with assistance
provided hereunder, such records shall be maintained for the full required period of affordability.
Activity reports shall be submitted monthly or quarterly no later than the ninth day of the month
following the end of month or quarter for which the report is submitted.
11. INDEPENDENCE OF RSH
Nothing herein contained nor the relationship of RSH to the City, which relationship is
expressly declared to be that of an independent contractor, shall make or be construed to make RSH
or any of RSH's agents or employees the agents or employees of the City. RSH shall be solely and
entirely responsible for its acts and the acts of its agents, employees and subcontractors.
12. LIABILITY & INSURANCE
E
(a) As to the City, RSH agrees to assume the risk of all personal injury, including death
and bodily injury, and damage to and destruction of property, including loss of use therefrom,
caused by or sustained, in whole or in part, in conjunction with or arising out of the performance
or nonperformance of this Agreement by RSH or by the conditions created thereby. RSH further
agrees to indemnify and save harmless the City, its officers, agents and employees, from and against
any and all claims, liabilities, costs, expenses, penalties and attorney fees arising from such injuries
to persons or damages to property or based upon or arising out of the performance or
nonperformance of this Agreement by RSH or out of any violation by RSH of any statute,
ordinance, rule or regulation.
(b) RSH agrees that it shall procure and will maintain during the term of this Agreement,
such insurance as will protect it from claims under workers' compensation acts, claims for damages
because of personal injury including bodily injury, sickness or disease or death of any of its
employees or of any person other than its employees, and from claims or damages because of injury
to or destruction of property including loss of use resulting therefrom; and such insurance will
provide for coverage in such amounts as set forth in subparagraph (c).
(c) The minimum insurance coverage which RSH shall obtain and keep in force is as
follows:
(1) Workers' Compensation Insurance complying with statutory requirements in
Colorado.
(ii) Comprehensive General and Automobile Liability Insurance with limits not
less than Six Hundred Thousand and No/ 100 Dollars ($600,000.00) per person and occurrence for
personal injury, including but not limited to death and bodily injury, and Six Hundred Thousand and
No /100 Dollars ($600,000.00) per occurrence for property damage.
(d) In the event RSH's obligations under this Agreement are secured by a deed of trust
or mortgage instrument as provided in paragraph 14(c) of this Agreement, RSH agrees to procure
and maintain, at its own expense, hazard and fire insurance upon the property described in said deed
of trust on an "all risk" form in such amounts as City's Department of Housing and Community
Development may require, but in any event, for not less than the amount of all liens against the
property and the amount of funds provided by City pursuant to this Agreement. RSH shall furnish
a certificate of insurance certifying such coverage to City's Director of Finance prior to disbursement
of any funds to RSH. Both said certificate of insurance and the policy procured by RSH shall name
the City as a loss payee.
13. CERTIFICATIONS
RSH agrees to execute and abide by the certifications contained in Exhibit "C" hereto, which
are hereby expressly made a part of this Agreement.
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14. PROGRAM INCOME; REVERSION OF ASSETS
(a) Unless otherwise authorized by City in writing, all program income shall be returned
to City within 30 days of receipt by RSH. In the event City authorizes RSH to retain any portion
of program income, it shall only be used to accomplish the work set forth in the Scope of Services,
and the amount of grant funds payable by City to RSH shall be adjusted as provided by 24 CFR
92.503 and the applicable requirements of 24 CFR 85.
(b) Upon expiration of the term of this Agreement, or upon any prior termination, RSH
shall transfer to City any funds provided hereunder which are on hand at the time of expiration or
termination together with any accounts receivable attributable to the use of funds provided
hereunder.
(c) Any real property acquired, constructed or improved in whole or in part with funds
provided pursuant to this Agreement shall be used as affordable rental housing within the meaning
of 24 CFR § 92.252 for the full period of affordability as defined in paragraph 4 hereof. In the
event the property ceases to be so used, RSH shall pay to City an amount equal to the current
market value of the property less any portion of the value attributable to expenditures of funds not
provided under this Agreement for the acquisition of, or improvement to, the property. The use
restriction and repayment obligation set forth in this subparagraph shall survive termination or
expiration of this Agreement and shall be fully enforceable and subject to collection by City or HUD
in accordance with applicable laws. If requested by City, RSH shall execute a deed of trust or
mortgage instrument which shall be and constitute a lien upon all real property acquired or improved
with funds provided hereunder, and which shall secure all obligations of RSH hereunder.
(d) In the event City incurs any cost or expense in enforcing the requirements of this
Agreement, including but not limited to the requirements of this paragraph 14, or in bringing any
action to recover the property or amount of any repayment obligation, City shall be entitled to
recover its costs and expenses, including reasonable attorneys fees.
15. SPECIAL REQUIREMENTS APPLICABLE TO IMPROVEMENTS TO PROPERTY
(a) In addition to all procurement requirements otherwise applicable to RSH pursuant
to any other provision of this Agreement or pursuant to any requirement of law or regulation
incorporated in this Agreement by reference, if any portion of the funds provided to RSH under this
Agreement is to be used for making improvements to real property, including new construction,
rehabilitation, or remodeling, then in such event RSH shall comply with all requirements of this
Paragraph 15.
(b) No improvements shall be undertaken to real property with funds (or reimbursement)
provided hereunder unless and until: (i) plans and specifications therefor have been prepared by
either a registered Professional Engineer in good standing and duly licensed to practice in the State
of Colorado or an Architect duly licensed and authorized to conduct a practice of architecture in
the state of Colorado; (ii) such plans and specifications have been filed with the City and approved
by both the City's designated representative and the City's Director of Public Works; and (iii) all
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construction contracts for improvements for which payment is sought from City shall have been
awarded only after an open, competitive bidding process which has been approved by City's Director
of Purchasing and which allows qualified contractors to reasonably participate in the competitive
bidding procedures.
(c) If this Paragraph 15 is applicable, no disbursement of funds to RSH shall be made
by City hereunder unless and until all conditions precedent to payment specified elsewhere in this
Agreement have been satisfied and RSH files with City's Director of Housing and Community
Development a written request for payment signed by an officer of RSH that certifies (1) that the
amounts included in the request for payment have not been included in any prior request for
payment, and (ii) that the improvements listed therein for which payment is sought have been
completed in accordance with the approved plans and specifications therefor.
(d) In every contract for construction of improvements for which payment or
reimbursement from City is to be provided under this Agreement, RSH shall include a contract
clause or clauses, approved by City's Director of Purchasing, requiring the contractor, and all of the
contractor's subcontractors of all tiers, to comply with the requirements of the Davis -Bacon Act and
implementing regulations, and to pay all laborers and mechanics engaged in work upon the
improvements at the prevailing wage rates for such work as determined by the U.S. Department of
Labor.
16. RECOGNITION OF HUD, CITY
In all printed materials, project descriptions and other activities undertaken with funds
provided under this Agreement, RSH shall provide recognition that funds have been provided by
the U.S. Department of Housing and Urban Development and the City of Pueblo. Recognition shall
be accomplished by prominent disclosure of the role of HUD and the City in all such printed
materials and project signage, if any.
17. ENTIRE AGREEMENT: AMENDMENTS
The provisions set forth in this Agreement, and all Exhibits and attachments to this
Agreement, constitute the entire and complete agreement of the parties hereto and supersede all prior
written and oral agreements, understandings or representations related thereto. No amendment or
modification of this Agreement, and no waiver of any provision of this Agreement, shall be binding
unless made in writing and executed by the duly authorized officers of both the RSH and City. In
the event City has agreements with third parties concerning the site for the project or other matters,
it is expressly understood by RSH that RSH is not a third party beneficiary of any such agreement,
nor shall any terms thereof affect RSH's or City's obligations hereunder.
18. SIGNATURES
The persons signing this Agreement on behalf of RSH represent and warrant that such
persons and RSH have the requisite power and authority to enter into, execute and deliver this
Agreement and that this Agreement is a valid and legally binding obligation of RSH enforceable
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against RSH in accordance with its terms.
IN WITNESS WHEREOF, RSH and the City have executed this Agreement as of the date
first above written and under the laws of the State of Colorado.
ATTEST:
cit cl
CITY OF PUEBLO,
A Municipal Corporation
By
Presi ent of City Council
[SEAL]
TEST:
Ernamarie T. Williams
Title: Secretary, Richmond S enior
Housing, Inc. Board of
Directors
RICHMOND S ENIOR HOUSING_INC
A Colorado Non - Profit Corporation
BY: r��
Name: Gus Sandstrom
Title: Chair, Richmond Senior Housi
Inc. Board of Direct107F7C96TJF
0
D// ILL
•• I• M • • �' ti 1 •ct =*O-
IL ON
1. An accounting system using the accrual basis of generally accepted
accounting principles which accurately reflects all costs chargeable (paid
& 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
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 wed 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 making 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 eorputation 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 lease 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 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.)
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Subrecipient hereby certifies that the grant will be conducted and
administered in compliance with:
(1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88 -352; 42 U.S.C.
2000d, et she .) and implementing regulations issued at 24 CER Part 1;
(2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90 -284; 42
U.S.C. 3601, et sue.), 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 Ccumiunity 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 amended 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 re 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(a) of the
Flood Disaster Protection Act of 1973 (Pub. L. 93 -234);
(12) The applicable regulations, policies, guidelines and requirements of
OM Circular Nos. A -102, Revised, 24 CER 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 Drinking 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
ww -nded; including but not limited to section 7 (16 U.S.C. 1536) thereof;
(17) Mie 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 couply 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. 470f); and
(23) Executive Order 11593, Protection and Enhance ent 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 doctmtent and shall be incorporated into all
construction 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
Revised 4/7/92
CDBG Disk #2
"Exhibth"
r�
RESOLUTION NO. 8049
A RESOLUTION AMENDING THE RICHMOND SENIOR
HOUSING, INC. COMMUNITY HOUSING DEVELOPMENT
ORGANIZATION AGREEMENT WITH THE CITY OF PUEBLO
BY APPROPRIATING ADDITIONAL HOME FEDERAL
HOUSING FUNDS TO THE NON - PROFIT FOR THE
CONSTRUCTION OF THE FIFTY -ONE UNIT ELDERLY
HOUSING PROJECT AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR
COMMUNITY DEVELOPMENT SERVICES
WHEREAS, the City of Pueblo, pursuant to the HOME Investment Partnership Act, the
Cranston - 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 households; and
WHEREAS, the City Council by Resolution 7820, originally approved the CHDO
agreement with Richmond Senior Housing, Inc. and appropriated 5300,000 in accordance with
the provisions of the resolution for the purpose of carrying out specific elements of the City of
Pueblo's housing strategy;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PUEBLO, COLORADO, that:
CFCTInN T
The City Council of the City of Pueblo approves Richmond Senior Housing, Inc., a
Colorado non -profit corporation, as an Community Housing Development Organization and the
City Manager of the City of Pueblo is authorized and directed to execute an amended agreement
with the agency for HOME 1995 -1997 funding in the amount of 5436,622 for the development
of a 51 -unit apartment complex for the elderly.
ATTEST:
City Clerk
INTRODUCED: February 10 , 1997
By John Verna
Councilperson
APPROVED:
Presiden of the ity Council
AM ENDMENT NO. I TO
AG REEMENT FOR COMM I iOUSiNG DEVELOPMENT SE RVICES
TI iIS AN1ENDRIENT NO. I To Agreement For Conulu►nity f lousing Development Services
is made and entered into this 10 clay .of Febru _, 1997 by and between the City ol'
Pueblo, a Municipal Corporation (hereinafter referred to as "City ") and Richmond Senior i lousing,
Inc. (hereinafter referred to as "RSI I ").
WI IEREAS, RSI i and City have heretofore entered into an Agreement dated February 26,
1996 (hereinafter "the Agreement") wherein RSI I agreed to undertake control and development of
a housing project in accordance with the terms of that Agreement, the City's housing strategy and
the requirements of law, including but not limited to the Home investment Partnerships Act, 42
U.S.C. §12701 et a"t , and implementing regulations, including but not limited to those at 2 =1 Cult
Part 92, and
WHEREAS, changes to the work and project are contemplated and not within the scope of
the original Agreement, and it is necessary and desirable that the Agreement be amended to provide
for such changes and additional compensation available therefor,
NOW, 11IEREFORE, in consideration of the foregoing and the mutual terms and conditions
set forth herein, the parties agree as follows:
I. The Agreement is amended by revising paragraph 3(c) thereof to state that the
aggregate of all payments under the Agreement shall not exceed 1_our I und 't hirty- Six_Thousand
Six I lundredT Two DollarsJU.S. 436 62 2.00) .
2. The work items and services described generally in Exhibit A Revision 11 to this
Amendment No. 1, which is incorporated herein by reference, shall be added to and modify the
original scope of services to be performed under the Agreement, and RSII shall undcllake and
complete such work items and services ill accordance with all terlus and conditions of the
Agi eement.
3. Except as expressly modified by this Amendment No. 1, the Agreement (including
any duly executed) prior written amendments) shall remain in full force and effect. Any obligations
remaining to be performed under the original Agreement by either party, including but not limited
to those relating to the services to be performed by RSI I, or the compensation payable therefor, are
not waived or excused in any manner, but shall be fully performed in accordance with the terms and
conditions of the Agreement as it existed prior to this Amendment No. 1.
IN WITNESS WHEREOF, RSII and City have executed this Amendment No. I To
Agreement For Community dousing Development Services as of the date first above written.
Secretai y
ATTF-IST�
City c k-
I
SEAL,
1
RICIINIOND SENIOR HOUSING, INC.
I
A Colorado can- Profit Cof poration
Clall ileclois
CITY OF PUEBLO,
A Municipal Corporation
By — A t�
-d
e,
I (A I I If �l :,IN4 ; I ( r-Il )I, VI 1IU( YA � I I M I I A I'D
EXHIBIT A REVISION II
1/15/97
CONSTRUCTION COSTS BREAKDOWN
HOME FUNDS FROM THE CITY OF PUEBLO
1995%96
HOME FUNDS
$436,622
A.
Brick at exterior masonry
in lieu of concrete masonry units
81,862
B.
Addition of (4) pipe mechanical system
per Alternate #1, Owner Betterment
for tenant.
58,898
C.
Addition of brick fence piers and
. rn 1CTlht i ron .
21
D.
Pre -case concrete at window heads
and parapets in lieu of masonry
34,892
E.
Off site costs (curbs, gutters,
sidewalk, street paving, drainage
and storm sewer costs) .
20,697
F.
Architectural plans printing.
5,500
G.
Acquisition of vacant land for
7 -story structure (51 units).
156,000
H.
Window custom color to be added.
7,000
I.
Add vinyl wall covering and accent
paint at corridors
5,470
J.
Add metal roofing at makeup air unit,
elevator, and stair shafts.
32,800
K.
Toilets, exhaust duct system through
two exhaust fans at roof
2,500
L.
Elevator shaft construction of CMU in
lieu of metal studs and drywall.
6,600
I1.
Architectural fees on additional
items H through L @ 60
3,262
TOTAL HOME FUNDS
$436,622