HomeMy WebLinkAbout12463RESOLUTION NO. 12463
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
POSADA, INC., A COLORADO NON-PROFIT CORPORATION
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, COLORADO that:
SECTION 1.
The Agreement dated August 13, 2012 between Posada, Inc., a Colorado Non-Profit
Corporation and the City of Pueblo, a Municipal Corporation, (“the Agreement”), for the
management of a tenant-based rental assistance program in an effort to reduce homelessness,
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: August 13, 2012
BY: Sandy Daff
COUNCIL PERSON
Background Paper for Proposed
RESOLUTION
# M-7
DATE: August 13, 2012 AGENDA ITEM
DEPARTMENT: HOUSING AND CITIZEN SERVICES
ADA RIVERA CLARK
TITLE
A RESOLUTION APPROVING AN AGREEMENT BETWEEN POSADA, INC., A COLORADO
NON-PROFIT CORPORATION 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 Posada, Inc., for the management of
a tenant based rental assistance program for the prevention of homelessness.
RECOMMENDATION
Approval of the Resolution
BACKGROUND
The City of Pueblo receives a yearly allocation of HOME funds. The provision of funding for
tenant-based rental assistance (TBRA) is an eligible activity under the program regulations.
Posada currently manages a similar program with the State’s Homeless Coalition. Under the
Agreement the City will provide $125,000 in HOME funds for tenant-based rental assistance for
the 2012-2013 grant year.
FINANCIAL IMPACT
Funding is available in the 251 Fund. The funds were previously appropriated by the City
Council.
AGREEMENT FOR TENANT -BASED
RENTAL ASSISTANCE PROGRAM SERVICES
(HOME - §92.209(k))
This Agreement is made and entered into this 13th day of August, 2012, by and between
the City of Pueblo, a Municipal Corporation (hereinafter referred to as "City ") and Posada, Inc., a
Colorado Non - Profit Corporation (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 may be made available
to City on behalf of the Pueblo Consortium ( "Consortium ") established under Agreements
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. 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 the Act and 24 CFR Sections
92.205(a)(1) and 92.216, 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 for the purpose of carrying out specific elements of the
participating jurisdiction's housing strategy including provision of tenant -based rental assistance;
and
WHEREAS, Subrecipient has represented to City that it is capable and willing to
undertake certain approved elements of City's housing strategy, including operating a tenant -
based rental assistance program serving disabled individuals with chronic mental health illness,
families and individuals transitioning out of homelessness, and young adults transitioning out of
foster care as identified herein and in the Scope of Services attached hereto as Exhibit "A "; and
WHEREAS, federal financial assistance is necessary and required for such tenant -
based rental assistance; and
WHEREAS, based upon Subrecipient's representations, the City believes Subrecipient is
capable or can reasonably be expected to become capable of performing said approved
elements of City's housing strategy as a Subrecipient.
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) Subrecipient shall operate, as an independent Subrecipient and not as an agent
of City, a rental assistance program for a period of two (2) years which shall provide tenant -
based rental assistance to serve disabled individuals with chronic mental health illness who are
transitioning from treatment facility residency to independent living in the community, families
and individuals transitioning from homelessness or temporary residency in homeless shelters to
more permanent residency, and young adults transitioning out of foster care hereinafter referred
to as the "Program."
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(b) Subrecipient shall operate the Program as a Subrecipient for City pursuant to 24
CFR §92.209(k) in full compliance with the requirements of the HOME regulations, including but
not limited to 24 CFR §92.209. Subrecipient shall perform all services necessary or desirable
to: (i) select tenants in accordance with regulatory criteria, (ii) enter into rental assistance
contracts with tenants for terms not exceeding twenty -four (24) months, (iii) screen and approve
lessors and lessees, (iv) determine the amount of the rent standard, monthly family adjusted
income, and amount of monthly tenant assistance, (v) disburse funds to tenants or landlords to
pay for the rent assistance and any security deposits, (vi) submit periodic requests to City for
payment for services and detailing reimbursable expenditures for the Program, and (vii) perform
related case management, job training, job placement and health referral services ancillary to
the rental assistance.
(c) In performing the foregoing services, the Subrecipient shall determine eligibility
for rental assistance in general accordance with HUD Section 8 criteria.
2. FUNDING /REIMBURSEMENT.
(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 agrees to pay
Subrecipient for its service an amount not to exceed Twenty -five thousand - - -- 00/100 dollars
(U.S. $25,000), and to also reimburse Subrecipient for eligible Program expenses in an amount
not to exceed in the aggregate One Hundred Thousand Dollars (U.S. $100,000).
(b) The payment for services and reimbursement described above will be furnished
to Subrecipient for the Program 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 reimbursement shall be disbursed in accordance with the provisions of
paragraphs 3 and 6 of this Agreement.
3. USE OF CONTRACT FUNDS. The funds provided hereunder will be disbursed
to Subrecipient on a periodic basis for allowed Program expenditures and for Subrecipient
services at the rate specified. At no time will funds for Subrecipient services be advanced
before the services are actually performed.
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
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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 funds made available under
this Agreement until the funds are needed for reimbursement of reasonable eligible costs
incurred or become due for services performed, as the case may be. Disbursement of funds to
Subrecipient, as may be authorized under this Agreement, is subject to all of the following
requirements, which shall be conditions precedent to payment: (i) that the Subrecipient has
performed its services and 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 Program 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 One - Hundred Twenty -Five Thousand Dollars (U.S. $125,000).
(d) Notwithstanding anything in this Agreement, and in addition to all other
conditions precedent, the City may, in its sole discretion, and at any time refuse to make
disbursements of 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 funds provided hereunder 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 applicable
federal regulations.
(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.
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7. TERM OF AGREEMENT. Unless sooner terminated, the term of this Agreement,
for purposes of disbursement of funds provided hereunder, shall be from the date of execution
hereof until July 31, 2013.
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 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 funds provided hereunder, all unexpended funds provided hereunder, if any,
and all program income received 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, and income to City. All documents, data,
studies, reports and work product prepared by Subrecipient under this Agreement or with funds
provided hereunder 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 Program 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
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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 term 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
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. 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 Subrecipient, shall make or be construed to make Subrecipient or any of
Subrecipient's agents, Subrecipients, 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 subSubrecipients.
15. LIABILITY & INSURANCE.
(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, leases of 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, 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
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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 01 0196, 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 Subrecipients, 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.
(e) Nothing in this Agreement is intended, nor should it be construed, to create any
rights, claims, or benefits or assume any liability for or on behalf of any third party, or to waive
any immunities or limitations conferred under federal or state law, including but not limited to the
Colorado Governmental Immunity Act, § 24 -10 -101 et seq., C.R.S.
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, 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) 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, City shall be entitled to recover its
costs and expenses, including reasonable attorneys fees.
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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.
19. PERA LIABILITY. The Subrecipient shall reimburse the City for the full amount
of any employer contribution required to be paid by the City of Pueblo to the Public Employees'
Retirement Association ( "PERA ") for salary or other compensation paid to a PERA retiree
performing contracted services for the City under this Agreement. The Subrecipient shall fill out
the questionnaire attached as Exhibit "D" and submit the completed form to City as part of the
signed Agreement.
20. STATE - IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM
PERFORMING WORK.
(a) At or prior to the time for execution of this Contract, 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 in order to confirm the employment eligibility of all employees
who are newly hired for employment in the United States.
(b) Subrecipient shall not:
(1) Knowingly employ or contract with an illegal alien to perform work under
this contract;
(II) Enter into a contract with a Subrecipient that fails to certify to Subrecipient
that the Subrecipient 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:
(1) The Subrecipient shall have confirmed or attempted to confirm the
employment eligibility of all employees who are newly hired for employment in the United
States through participation in the Basic Pilot Program 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.
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(III) If the Subrecipient obtains actual knowledge that a Subrecipient
performing work under this contract knowingly employs or contracts with an illegal alien,
the Subrecipient shall be required to:
A. Notify the Subrecipient and the Purchasing Agent of the City
within three (3) days that the Subrecipient has actual knowledge that the
subSubrecipient is employing or contracting with an illegal alien; and
B. Terminate the subcontract with the Subrecipient if within three (3)
days of receiving the notice required pursuant to subparagraph (c)(III)A. above
the Subrecipient does not stop employing or contracting with the illegal alien;
except that the Subrecipient shall not terminate the contract with the Subrecipient
if, during such three (3) days, the Subrecipient provides information to establish
that the Subrecipient 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 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.
21. GOVERNING LAW AND VENUE. This Agreement shall be governed by the
laws of the State of Colorado. Venue for any action arising under this Agreement or for the
enforcement of this Agreement shall be in a state court with jurisdiction located in Pueblo
County, Colorado.
22. ATTORNEY'S FEES AND COSTS OF COLLECTION. In the event that it
becomes necessary for the City to bring any action or proceeding to enforce any provision of
this Agreement, to recover damages for Subrecipient's breach of this Agreement, or to seek
specific performance, the City shall be entitled to collect its reasonable attorneys fees, costs of
suit, and costs of collection as part of the judgment in such action or proceeding, including but
not limited to costs of in -house counsel and legal staff.
23. 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.
24. 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.
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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.
CITY OF PUEBLO,
ATTEST: A Municipal Corpora on
By:
City 1;71 President • Ci y C• ncil
[SEAL]
POSADA, INC.,
ATTEST z a Colorado- -Pro orp� ation
Title: j�/ Name: 1 fit u -
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[SEAL] 21 / jfl7b •
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City Attor e
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EXHIBIT A
SCOPE OF SERVICES
The Subrecipient will be responsible for administering a HOME year 2012 Tenant Based
RentalAssistance (TBRA) Program on behalf of the City of Pueblo. The Subrecipient will
administer all tasks in connection with the aforesaid program in compliance with all applicable
federal, state and local rules and regulations governing these funds and in a manner
satisfactory to the Grantee.
The major goal of the Subrecipient's efforts under this Agreement will be to provide rental
assistance to eligible families and individuals under the TBRA Program Guidelines (distributed
separately). Eligible activities are those specifically called out in the Guidelines. Changes in
the scope of services, budget or method of compensation contained in this Agreement, unless
otherwise noted may only be made through a written amendment to this Agreement, executed
by the Subrecipient and Grantee. Additional responsibilities are:
1 Subrecipient shall maintain program and financial records documenting the eligibility of
individuals to whom assistance was provided.
2 Subrecipient will submit at minimum quarterly reports that narrate the accomplishments
of that quarter.
Budget and Method of Compensation
Subrecipient will submit at minimum quarterly requests for reimbursements of expenditures
made on behalf of the Program.
Performance Monitoring
The City will monitor the performance of the Subrecipient against goals and performance
standards required herein. Substandard performance as determined by the City non-
compliance with this agreement. If actions to correct such substandard performance are not
taken by the Subrecipient within a reasonable period of time after being notified by the City
contract suspension or termination procedures will be initiated.
Time of Performance
Services shall start on the August 13, 2012 and end on the July 31, 2013. The term of this
agreement and the provisions herein shall be extended to cover any additional time period
during which the Subrecipient remains in control of HOME funds and other assets including
program income.
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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 Subrecipients, subSubrecipients, 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.
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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 11 and the acquisition requirements of Title 111
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 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];
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(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 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 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 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 9
A 4.0.0
Signature Agin,
V xec +� �� erector
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EXHIBIT D
COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY
ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO
Pursuant to section 24 -51- 1101(2), C.R.S., salary or other compensation from the
employment, engagement, retention or other use of a person receiving retirement benefits
(Retiree) through the Colorado Public Employees Retirement Association (PERA) in an
individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party
by the City of Pueblo to perform any service as an employee, contract employee, consultant,
independent contractor, or through other arrangements, is subject to employer contributions to
PERA by the City of Pueblo. Therefore, as a condition of contracting for services with the City
of Pueblo, this document must be completed, signed and returned to the City of Pueblo:
(a) Are you, or do you employ or engage in any capacity, including an independent
contractor, a PERA Retiree who will perform any services for the City of Pueblo?
Yes ❑ No
(b) If you answered "Yes" to (a) above, please answer the following question: Are you
an individual, sole proprietor or partnership, or a business or company owned or operated by a
PERA Retiree or an affiliated party?
Yes ❑ No 111.
If you answered "Yes ", please state which of the above entities best describes your
business:
(c) If you answered "Yes" to both (a) and (b), please provide the name, address and
social security number of each such PERA Retiree.
Name Name
Address Address
Social Security Number Social Security Number
(If more than two, please attach a supplemental list)
Failure to accurately complete, sign and return this document to the City of Pueblo may
result in your being denied the privilege or doing business with the City of Pueblo.
If you answered "Yes" to both (a) and (b), you agree to reimburse the City of Pueblo for
any employer contribution required to be paid by the City of Pueblo to PERA for salary or other
compensation paid to you as a PERA Retiree or paid to any employee or independent
contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You
further authorize the City of Pueblo to deduct and withhold all such contributions from any
moneys due or payable to you by the City of Pueblo under any current or future contract or
other arrangement for services between you and the City of Pueblo.
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Si 44..' , 2012.
Signature: / //
Print Name: h ,,, At &ft 44 lrxa.,
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