Loading...
HomeMy WebLinkAbout10980RESOLUTION NO. 10980 A RESOLUTION APPROVING AN AGREEMENT BETWEEN NEIGHBORHOOD HOUSING SERVICES OF PUEBLO, INC., DBA NEIGHBORWORKS OF PUEBLO, INC., AS SUBRECIPIENT AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO. that: SECTION 1. The Agreement dated April 9, 2007 between Neighborhood Housing Services of Pueblo, Inc., dba NeighborWorks of Pueblo, Inc., and the City of Pueblo, a Municipal Corporation, ( "the Agreement'), for rehabilitation services, a copy of which is attached and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED April 9, 2007 APPROVED: ESID NTof City Council ATTESTED BY: CITY CLERK BY Randy Thurston Councilperson RES /Oggo Background Paper for Proposed RESOLUTION AGENDA ITEM # / L' A DATE: APRIL 9, 2007 DEPARTMENT: HOUSING AND CITIZEN SERVICES I ADA RIVERA CLARK TITLE A RESOLUTION APPROVING AN AGREEMENT BETWEEN NEIGHBORHOOD HOUSING SERVICES OF PUEBLO, INC., DBA NEIGHBORWORKS OF PUEBLO, INC., AS SUBRECIPIENT AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE To approve an agreement between the City of Pueblo and Neighborhood Housing Services allowing them to extend the City's Owner- Occupied Rehabilitation Program within their target area for the purposes of neighborhood revitalization. RECOMMENDATION Approve BACKGROUND Neighborhood Housing Services (NHS) provides an array of products in the neighborhoods that they serve. NHS currently serves the Bessemer neighborhood. In 2006, the two entities met to discuss partnership opportunities. It was determined that the best vehicle for partnership would be the City's existing Owner- Occupied Rehabilitation Program. The attached Agreement provides for NHS to act as a subrecipient of HOME funds to provide qualifying rehabilitation loans to eligible households in Bessemer. NHS will follow the City's existing Program. As a subrecipient NHS will be able to access $500,000 in HOME funds and will receive $50,000 in administrative funds for 2007. This is a year -to -year program dependent on performance and availability of funds. FINANCIAL IMPACT Funding is available in the 251 Fund and has been appropriated for these purposes. Draft: 3/14/07 AGREEMENT FOR HOMEOWNER HOUSING REHABILITATION PROGRAM SERVICES (HOME) This Agreement is made and entered into this 9th day of April 2007, by and between the City of Pueblo, a Municipal Corporation (hereinafter referred to as "City") and Neighborhood Housing Services of Pueblo, Inc., a Colorado Nonprofit Corporation, doing business as "NeighborWorks of Pueblo" (hereinafter referred to as "Subrecipient "). WITNESSETH, that: WHEREAS, the City has entered into agreements with the U.S. Department of Housing and Urban Development ( "HUD "), whereby federal financial assistance maybe made available to City on behalf of the Pueblo Consortium ( "Consortium ") established under Agreements dated September 14, 1998, August 10, 2000, 2003, and 2006 between the City and Pueblo County, Colorado, 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. s�Mc.), 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 92.205(a)(1), 92.300 and 92.301, a portion of such financial assistance, subject to deobligation (and subject to appropriation with respect to any assistance payable out of future fiscal year allotments), may be made available to qualifying subrecipients for the purpose of carrying out specific elements of the participating jurisdiction's housing strategy including rehabilitation of owner occupied non -luxury housing and reimburse the recipient for a portion of authorized operating expenses which relate to such elements of the housing strategy; and WHEREAS, Subrecipient has represented to City that it is qualified, eligible and willing to undertake certain approved elements of City s housing strategy, including rehabilitation of owner occupied housing in a specified low and moderate income neighborhood located within the City, as identified herein and in the Scope of Services attached hereto; and WHEREAS, federal financial assistance is necessary and required for such housing rehabilitation in order to maintain affordable housing in the specified neighborhood; and WHEREAS, based upon Subrecipient's representations, the City believes Subrecipient is capable or can reasonably be expected to become capable of carrying out said approved elements of City's housing strategy, including the undertaking of a housing rehabilitation area program within the specified neighborhood for low and moderate income families, and City is willing to allocate federal funds to or for the benefit of Subrecipient for investment in such housing to be rehabilitated by Subrecipient in full compliance with 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. PROGRAM AND SUBRECIPIENT SERVICES (a) The Neighborhood Subrecipient will undertake the Program, as hereinafter defined, in the Bessemer area of Pueblo, Colorado, as depicted in the Area Maps submitted with Subrecipient's application. This area corresponds with Pueblo MSA Census Tracts 20, 21, Block 1 of 22, and 23, hereinafter referred to as the "Neighborhood ". (b) The Program Subrecipient shall, at Subrecipient's own cost and expense, do all things necessary and appropriate, in strict accordance with the requirements of this Agreement, to conduct the Bessemer Housing Rehabilitation Program (the "Program "). The Program is described in Subrecipient's application for funding to the Consortium, as revised and approved by City, and will entail planning, originating and servicing rehabilitation loans for owner - occupied housing located in the Neighborhood. The Program shall be operated in conformance with the Homeowner Housing Rehabilitation Program Guidelines, City of Pueblo, Colorado ( "Guidelines ") on file in City's Department of Housing and Citizen Services ( "DHCS "), except that Subrecipient shall perform all tasks otherwise to be performed under the Guidelines by City or DHCS. With the HOME funds provided under this Agreement, Subrecipient shall assist in the rehabilitation of approximately 18 homes, with rehabilitation costs not to exceed $25,000 per unit. Additionally, up to but not exceeding $50,000 of the HOME assistance provided hereunder may be used by Subrecipient for eligible administrative costs related to the Program. 2. FINANCIAL ASSISTANCE (a) Subject to and contingent upon Subrecipient complying with all requirements of this Agreement, and subject to the availability of HOME funds for the Program, City commits to invest HOME and, at City's sole option, other funds in the Project in an amount not to exceed in the aggregate Five Hundred Thousand Dollars (U.S. $500,000.00) allocated as follows: (i) for Owner - Occupied Housing Rehabilitation Loans to be originated by Subrecipient, an amount not to exceed $450,000.00; and (ii) for reasonable eligible administrative expenses associated with the Program, an amount not to exceed $50,000.00. (b) The full amount of the assistance referred to above will be furnished to the Program as a grant to Subrecipient, hereinafter referred to as the "Grant ", which Grant is subject to all terms and conditions of this Agreement and contingent upon Subrecipient executing all documents required by City and submitting periodic disbursement requests accompanied by documentation establishing justification for each requested disbursement. Provided that Subrecipient is not in default of any provisions of this Agreement, the Grant shall be disbursed in accordance with the provisions of paragraphs 3 and 6 of this Agreement. 3. USE OF GRANT FUNDS The Grant funds will be disbursed to Subrecipient on a periodic basis for allowed administrative costs and eligible progress payments will be presented to the City for payment. At no time will funds be advanced before the reasonable administrative costs are actually incurred. —2— 4. SUBRECIPIENT WARRANTIES AND COMMITMENTS Subrecipient warrants and represents that (i) it has the requisite authority and capacity to perform all terms and conditions on Subrecipient's part to be performed hereunder; (ii) that it is duly organized as a non - profit corporation under state law and is in good standing with the Secretary of State of Colorado; (iii) 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 (iv) that it is accepting federal financial assistance hereunder subject to certain mandatory repayment provisions. 5. CITY REPRESENTATIVE 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 Consortium in connection with the performance of this Agreement, approval of the Program to be undertaken by Subrecipient hereunder and the disbursement of funds in connection with operation of the Program. In the absence of such a designation, the City's Director of Housing and Citizen Services shall be deemed as City's authorized representative. 6. DISBURSEMENTS (a) Subrecipient shall not request disbursement of any Grant funds under this Agreement until the funds are needed for reimbursement of reasonable eligible costs incurred or for qualifying progress payments, as the case maybe. Disbursement of funds to Subrecipient, as maybe authorized under this Agreement, is subject to all of the following requirements, which shall be conditions precedent to payment: (i) that the Subrecipient has expended funds after date of this Agreement for reasonable eligible approved expenditures with respect to the Program, (ii) that Subrecipient is not in default of any material provision of this Agreement nor applicable law or regulation, (iii) that Subrecipient has timely submitted requests for disbursement detailing the eligible expenditures for the Program in a format approved by City, (iv) that Subrecipient has certified with each payment or disbursement request compliance with the requirements identified in Exhibit "C" and that all expenditures for which disbursement is sought were made for and in furtherance of the Program 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 disbursement 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 Subrecipient hereunder are subject to repayment by Subrecipient as provided in 24 CFR Part 92. Funds provided hereunder for Project may only be used for eligible activities and costs, as provided in 24 CFR Part 92. (c) The aggregate of all payments made pursuant to this Agreement shall not exceed Five Hundred Thousand Dollars (U.S. $500,000.00) which includes $50,000.00 toward reasonable eligible administrative expenses of Subrecipient related to the Program. —3— (d) Notwithstanding anything in this Agreement, and in addition to all other conditions precedent, the City may, in its sole discretion, refuse to make the Grant or suspend or terminate further disbursements of Grant funds, if it has cause to believe any of the following circumstances has occurred or exists: (i) There has been any adverse material change in Subrecipient's ability to operate the Program or in the Program itself; (ii) Subrecipient has misapplied Grant funds for other than the purposes stated in this Agreement; (iii) Subrecipient has defaulted in the performance of any term, condition or covenants set forth in this Agreement or required of Subrecipient under the Guidelines. (e) Upon expiration of the term of this Agreement, or upon any prior termination, Subrecipient 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. 7. TERM OF AGREEMENT Unless sooner terminated, the term of this Agreement, for purposes of disbursement of Grant funds and completion of the Program, shall be from the date of execution hereof until April 7, 2008; provided however, that with the respect to rehabilitation loans made under the Program for which Subrecipient has received financial assistance under and during the term of this Agreement, Subrecipient shall have continuing responsibility to comply with all applicable 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 applicable required full period of affordability, notwithstanding termination or expiration of this Agreement. As used herein, "period of affordability" shall be 15 years from the date of loan closing on each home rehabilitated as part of the Program, or for the full term of the loan made by Subrecipient to the homeowner, whichever is longer. 8. TERMINATION OF AGREEMENT (a) For Cause This Agreement may be terminated by City for cause, including any nonperformance by Subrecipient, upon ten (10) days written notice to Subrecipient 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 Citizen Services whose decision as to both the grounds for termination and the appropriateness thereof shall be final and binding upon both City and Subrecipient. In accordance with 24 CFR 85.43, cause for termination shall include any material failure by Subrecipient 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 funds, or upon any suspension or non - receipt of federal assistance provided to City —4— under the Act, regardless of cause. (c) Post Termination Procedures In the event of termination, Subrecipient shall continue to be responsible for those matters which survive termination, including those identified in paragraphs 4, 7, 11, 13, 14, 15, 16, 17, and 18 of this Agreement, unless City takes over the Program and, in connection therewith, prospectively releases Subrecipient from one or more specific responsibilities in writing. Additionally, at City's sole option, all property acquired by Subrecipient with grant funds, all grant funds, program income, and rehabilitation loans, other mortgage loans (if any) originated with Grant funds or by payments therefrom and payments received under such rehabilitation loans or mortgage loans, held, owned or retained by Subrecipient shall immediately become the sole and separate property of the City and Subrecipient shall perform all acts and execute all instruments necessary to transfer and assign such property, funds, income, rehabilitation loans and mortgage loans to City. All finished or unfinished documents, data, studies, reports and work product prepared by Subrecipient under this Agreement or with Grant funds shall, at the option of the City, become its property and Subrecipient may be entitled to receive just and equitable compensation only for satisfactory work completed and eligible costs for which compensation has not previously been paid nor reimbursement made. 9. ASSIGNABILITY This Agreement shall not be assigned or transferred by Subrecipient 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. 10. CONFLICT OF INTEREST HOME Regulation 24 CFR, Part 92.356 is incorporated herein by reference, and sets forth applicable laws and regulations that apply to Conflict of Interest. Subrecipient, and its Board of Directors, officers and employees, shall avoid all conflicts prohibited by applicable regulations, including but not limited to those set forth in 24 CFR Part 92 as presently promulgated and as same may be revised from time to time in the future. 11. SUBRECIPIENT RECORDKEEPING Subrecipient shall maintain records as to the Program work and activities undertaken with assistance hereunder, services provided, reimbursable expenses incurred in connection with the Project and complete accounting records. Accounting records shall be kept on a generally recognized accounting basis and as requested by the City's auditor. Subrecipient 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 also made a part of this Agreement, and Subrecipient 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 Subrecipient which relate to this Agreement for the purpose of making an audit or examination. Upon completion of the work and end of the tern of this Agreement, or at any time during the period of affordability or within 5 years thereafter, the City may require all of Subrecipient's financial records relating to this Agreement to be turned over to the City. 12. MONITORING AND EVALUATION The City shall have the right to monitor and —5— evaluate the progress and performance of Subrecipient 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 Subrecipient =s performance using on -site visits, progress reports required to be submitted by Subrecipient, audit findings, disbursement transactions and contact with Subrecipient as necessary. Subrecipient 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. Subrecipient shall fully cooperate with City relating to such monitoring and evaluation. 13. SUBRECIPIENT FILES AND INFORMATION REPORTS Subrecipient 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 Subrecipient for a period of five years, except that with respect to each property rehabilitated with assistance provided hereunder, such records shall be maintained for the full required period of affordability for such property. 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. 14. INDEPENDENCE OF SUBRECIPIENT Nothing herein contained nor the relationship of Subrecipient to the City, which relationship is expressly declared to be that of an independent contractor, shall make or be construed to make Subrecipient or any of Subrecipient's agents, contractors, consultants or employees the agents or employees of the City. Subrecipient shall be solely and entirely responsible for its acts and the acts of its agents, employees and subcontractors. 15. LIABILITY & INSURANCE IM, (a) As to the City, Subrecipient 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 Subrecipient, construction or rehabilitation of improvements upon any property or by the conditions created thereby or resulting therefrom. Subrecipient further agrees to indemnify and save harmless the City, its officers, agents, attorneys 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 Subrecipient, construction or rehabilitation of properties under the Program, origination and servicing of rehabilitation loans, or arising from the warranties relating to any of the foregoing or out of any violation by Subrecipient of any statute, ordinance, rule or regulation. (b) Subrecipient 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 Subrecipient shall obtain and keep in force is as follows: (i) Workers' Compensation Insurance complying with statutory requirements in Colorado. (ii) Comprehensive General Liability ("CGL ") Insurance written on ISO Form CG 00 010196, or a substitute form providing equivalent coverage, with a limit not less than One Million Dollars ($1,000,000.00) per occurrence, covering liability arising from premises, operations, independent contractors, personal injury, products completed operations, and liability assumed under an insured contract, on an occurrence basis. The policy shall identify the City as an additional insured. (d) Subrecipient shall furnish a certificate of insurance certifying the required insurance coverages to City's Director of Finance prior to disbursement of any funds to Subrecipient under this Agreement. The certificate of insurance and the policies shall name the City as an additional insured on the CGL policy. 16. CERTIFICATIONS Subrecipient agrees to execute and abide by the certifications contained in Exhibit "C" hereto, which are hereby expressly made a part of this Agreement. 17. PROGRAM INCOME: REVERSION OF ASSETS (a) Unless otherwise authorized by City in writing in a separate instrument executed after date of this Agreement, all program income, as defined in 24 CFR 92.2, shall be returned to City within 30 days of receipt by Subrecipient. In the event City authorizes Subrecipient to retain any portion of program income, it shall only be used to accomplish the work set forth in this Agreement, —7— including the Scope of Services, and the amount of funds payable by City to Subrecipient 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, Subrecipient 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) The Program, the housing units rehabilitated thereunder, and any other real property acquired, constructed or improved in whole or in part with funds provided pursuant to this Agreement shall be used only to create affordable housing. In the event any assisted property is not or ceases to be so used, Subrecipient shall immediately take steps to recover 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 rehabilitation of the property (that is, the calculation of the portion of value attributable to expenditures not provided by City under this agreement shall be the market value multiplied by a fraction whose numerator is the total determined as of the date of rehabilitation completion less the amount of assistance provided by City and whose denominator is the total rehabilitated value of the property determined as of the date of rehabilitation completion or, (ii) the remaining principal balance and accrued interest owing under the rehabilitation loan. 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. Subrecipient shall require the Owner of each rehabilitated property to comply with the requirements of this paragraph and to execute a Deed of Trust which shall be and constitute a lien upon the property and all other real property acquired or improved with funds provided hereunder, and which shall secure the affordability requirements 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 17, or in bringing any action to recover the amount of any repayment obligation, or, upon assignment of the Note and the Deed of Trust to City, to foreclose or obtain sale under the Deed of Trust or mortgage instrument, City shall be entitled to recover its costs and expenses, including reasonable attorneys fees. 18. RECOGNITION OF HUD, CITY In all printed materials, Program descriptions and other activities undertaken with funds provided under this Agreement, Subrecipient shall provide recognition that funds have been provided to Subrecipient by the U.S. Department of Housing and Urban Development and the City of Pueblo. Recognition shall be accomplished by disclosure of the role of HUD and the City in all such printed materials and project signage, if any. However, such recognition and signage shall also prominently set forth the following statement: 'By providing rehabilitation loan funds to Neighborhood Housing Services of Pueblo, Inc., neither the City of Pueblo nor the U.S. Department of Housing and Urban Development make any representations or warranties in respect to the rehabilitation loan or the work undertaken with the proceeds thereof." 19. 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 Subrecipient and City. 20. SIGNATURES The persons signing this Agreement on behalf of Subrecipient represent and warrant that such persons and Subrecipient 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 Subrecipient enforceable against Subrecipient in accordance with its terms. 21. STATE - IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING WORK (a) Within thirty (30) days of execution of this Agreement, Subrecipient shall submit to the Purchasing Agent of the City its certification that it does not knowingly employ or contract with an illegal alien and that the Subrecipient has participated or attempted to participate in the "Basic Pilot Program" created in Public Law 208, 104' Congress, as amended and expanded in Public law 156, 108' Congress, as amended, that is administered by the United States Department of Homeland Security. (b) Subrecipient shall not (I) Knowingly employ or contract with an illegal alien to perform work under this contract; (II) Enter into a contract with a contractor or subcontractor that fails to certify to Subrecipient that the contractor or subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. (c) The following state - imposed requirements apply to this contract: (I) The Subrecipient shall have verified or attempted to verify through participation in the Basic Pilot Program that the Subrecipient does not employ any illegal aliens and, if the Subrecipient is not accepted into the Basic Pilot Program prior to entering into this contract, that the Subrecipient shall apply to participate in the Basic Pilot Program every three months until the Subrecipient is accepted or this Contract has been fully completed, whichever occurs earlier. This provision shall not be required or effective if the Basic Pilot Program is discontinued. (II) The Subrecipient is prohibited from using the Basic Pilot Program procedures to undertake preemployment screening of job applicants while this Contract is being performed. (III) If the Subrecipient obtains actual knowledge that a contractor or subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, the Subrecipient shall be required to: A. Notify the contractor or subcontractor and the City's Director of —9— DHCS within three (3) days that the Subrecipient has received such knowledge; and B. Terminate the subcontract with the contractor or subcontractor if within three (3) days of receiving the notice required pursuant to subparagraph (c)(III)A. above the contractor or subcontractor does not stop employing or contracting with the illegal alien; except that the Subrecipient shall not terminate the contract with the contractor or subcontractor if, during such three (3) days, the contractor or subcontractor provides information to establish that the contractor or subcontractor has not knowingly employed or contracted with an illegal alien. (IV) The Subrecipient is required to comply with any reasonable request by the Colorado Department of Labor and Employment (hereinafter referred to as "CDLE ") made in the course of an investigation that CDLE is undertaking pursuant to its authority under §8- 17.5- 102(5), C.R.S. (d) Violation of this Section 21 by the Subrecipient shall constitute a breach of contract and grounds for termination. In the event of such termination, the Subrecipient shall be liable for City's actual and consequential damages. IN WITNESS WHEREOF, Subrecipient and the City have executed this Agreement as of the date first above written and under the laws of the State of Colorado. ATTEST: City irAerk CITY OF PUEBLO, A Municipal Corporation i By: L_ GWV v President ,& City 6ouncil [SEAL] ATT'§T: ,�_ lylcrl dl )Z2e'l l Title: ,Seere&q NEIGHBORHOOD HOUSING SERVICES OF PUEBLO, INC., a Co' do Non - Profit Corporaton B Name: uclle Title: - Pr —10— 100:11 SCOPE OF SERVICES A. Principal Tasks NeighborWorksg of Pueblo will administer a housing rehabilitation program in the expanded Bessemer service area in compliance with all applicable Federal, State, and local rules and regulations governing these funds. A physical inventory of approximately 1898 households in the expanded Bessemer service area was conducted in 2006 with the following results: Type of Structure Appearance of Structure Residential 88.46% Good 70.71% Multi-family 2.58% Fair 23.71% Commercial 5.22% Poor 3.06% Public 1.21% Vacant 2.53% Vacant 153;% Goal: 1. NWP will conduct an attitudinal survey of the expanded service area. 2. NWP will host a town meeting in the service area to share information from the physical and attitudinal surveys and identify issues and leadership from the area. 3. NWP will provide housing rehabilitation services to 18 homeowners during the period from April 1, 2007 -March 31, 2008 in the expanded Bessemer service area. 4. NWP will develop a strategic plan for two additional years for housing rehabilitation projects in the service area. 5. The strategic plan will be evaluated on a yearly basis —12— EXHIBIT B ACCOUNTING SYSTEM COMPLIANCE PROVISIONS 1. As used in this Exhibit, the term "Developer" shall mean the entity entering into the Agreement with the City of Pueblo, a Municipal Corporation to which this Exhibit is attached. 2. Developer is subject to and shall comply with the requirements of OMB Circular A -133. 3. Developer agrees to maintain Project and accounting records in accordance with generally accepted accounting principles which accurately reflect all costs chargeable to the Project, utilize adequate internal controls, and maintain source documentation for all costs incurred. The City shall have the right to review and approve Developer's account system and internal controls prior to the release of any funds under the Agreement. 4. During the preconstruction and construction phases of the Project, the Developer shall not materially deviate from any approved Project budget unless any proposed major revision thereto has been submitted to City and approved in writing. Change orders of less than $10,000 each or $50,000 in the aggregate shall not be deemed to be material deviations or major revisions to the Project budget. 5. Nothing in the Agreement or the Exhibits thereto shall obligate City to any third parties nor to any contractors, subcontractors, consultants, suppliers or workmen who have contracted with Developer or provided any materials or services to Developer. 6. The City has the right to periodically perform interim audits and a final audit of the Project and funds provided under the Agreement. Developer shall fully cooperate with City in undertaking any such audit and shall provide a suitable work area for City's audit personnel to inspect and copy records. —13— EXHIBIT C CERTIFICATIONS The entity entering into this Agreement with the City hereby certifies that the Project will be conducted and administered in compliance with all of the following requirements: (1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88 -352; 42 U.S.C. 2000d, et seq .) 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, et seq.), 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 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 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(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93 -234); (12) The applicable regulations, policies, guidelines and requirements of OMB Circular Nos. A -102, Revised, 24 CFR 85 and Subpart I 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)); -14- (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. 470f); 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 Star. 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 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. (27) When HOME Investment Partnership Act funds are used, the Subrecipient will comply with implementing regulations and requirements under 24 CFR 92. Signatur ti1"st,J C. \DOCUMENTS AND SETTINGS \MADRIDG \LOCAL SETTINGS \TEMPORARY INTERyFp' PILPS \OLK6W HS AGREEMENT (DRAFT 3- 10.0])1 DOC