Loading...
HomeMy WebLinkAbout12853RESOLUTION NO. 12853 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, that: SECTION 1. The Agreement dated December 23, 2013 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. HOME funds previously appropriated and budgeted in HO1116 in the amount of $200,000 are hereby reprogrammed and budgeted for this activity. HOME funds currently available in HO0910 and HO1010 in the amount of $25,000 are hereby reprogrammed to HO1311-Posada TBRA Administration. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution and the attached agreement effectuate the transactions described herein. SECTION 4. This Resolution shall become effective immediately upon final passage. INTRODUCED: December 23, 2013 BY: Chris Nicoll Background Paper for Proposed RESOLUTION AGENDA ITEM # M-2 DATE: DECEMBER 23, 2013 DEPARTMENT: HOUSING AND CITIZEN SERVICES ADA RIVERA CLARK, DIRECTOR 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 Should the City Council 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 HOME program regulations. Posada has carried out this Program on behalf of the City for the past five-years. Posada currently manages a similar program with the State’s Homeless Coalition and therefore has the capacity and experience to carry out this activity as a subrecipient of the funds. Under the Agreement, Posada will receive $200,000 for direct assistance to eligible households and $25,000 in operating funds. The operating funds provide for the administration of the Program (reporting, etc.) and case management. FINANCIAL IMPACT Funding is available in the 251 Fund. The City Council had previously approved activity HO1116-NSP302 Acquisition/Rehabilitation in the amount of $200,000. The project associated with this activity was completed with NSP3 funds. This Resolution reprograms those funds to this new activity. The administrative funds in the amount of $25,000 are available in HO0910 and HO1010 and will be reprogrammed to HO1311-Posada TBRA Admin. AGREEMENT FOR TENANT -BASED RENTAL ASSISTANCE PROGRAM SERVICES (HOME - §92.209(k)) This Agreement is made and entered into this 23 day of December 2013, 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." (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 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 Two - Hundred Thousand Dollars (U.S. $200,000). (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 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 Two - Hundred Twenty -Five Thousand Dollars (U.S. $225,000). (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; 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. 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 March 1, 2015. 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 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 15 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 Subrecipients. 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 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. The policy shall include an endorsement Waiving Right of Subrogation. (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. The policy shall . identify the City as an additional insured and Waive Rights of Subrogation. (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 attorney's 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. 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: (I) 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: (I) 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. (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. I -- 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. 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 Muni ' - - ' •�•- • n L.1 L- i,; : Adi C'ty Clerk / ' res a of City Council [SEAL] Approved as to form: City Attorney POSADA, INC., ATTEST: a Colorad• Non - Profit Corporation • • r -4 By: 17/ Titles —, iZ�� Name: 1I n Pit . S 7 - 4 rrt filA44 [SEAL] EXHIBIT A SCOPE OF SERVICES The Subrecipient will be responsible for administering a HOME Tenant Based Rental Assistance (TBRA) Program on behalf of the City of Pueblo, for years 2013 -2015. 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 a minimum, quarterly reports that narrate the accomplishments of that quarter. Budget and Method of Compensation Subrecipient will submit, at a 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 December 23, 2013 and end on the March 1, 2015. 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. 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. 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 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 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 92. 0 �/ Signature , i i � ."' ecu :+,.•- .r 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 E. 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. ll Signed 7A- n1u y 1 5 , 2013. Signature: Print Name: U1YU 144, ( 0444