HomeMy WebLinkAbout13271RESOLUTION NO. 13271
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 July 27, 2015 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 the following activities are hereby
reprogrammed and budgeted for this activity to be HO1515:
HO1115 - $150,000 HO1240 - $73,276.16 HO1306 - $49,462.57
HO1142 - $66,993 HO1241 - $81,800.55 HO1314 - $77,890.71
HO1220 - $24,268.01 HO1304 - $50,000 HO9908 - $1,309
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: July 27, 2015
BY: Robert Schilling
City Clerk’s Office Item # M-5
Background Paper for Proposed
Resolution
CITY COUNCIL MEETING DATE: July 27, 2015
TO: President Stephen K. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Ada Rivera Clark, Director of Housing and Citizen Services
SUBJECT: 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
SUMMARY:
This Resolution approves 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.
PREVIOUS COUNCIL ACTION:
City Council has approved funding for this program for the past five-years.
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 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 $575,000 for direct assistance to eligible
households.
FINANCIAL IMPLICATIONS:
Funding is available in the 251 Fund.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None
ALTERNATIVES:
The City Council can choose not to provide funding for this Program.
RECOMMENDATION:
Approve the Resolution.
ATTACHMENTS:
Agreement for Tenant-Based Rental Assistance Program Services
AGREEMENT FOR TENANT-BASED
RENTAL ASSISTANCE PROGRAM SERVICES
(HOME - §92.209(k))
This Agreement is made and entered into this 27th day of July 2015, 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. sec.), 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 landlords to pay for the rent assistance, security
deposits, and utility assistance, (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 reimburse Subrecipient for eligible Program expenses in an
amount not to exceed in the aggregate Five-Hundred and Seventy-Five Thousand
Dollars (U.S. $575,000).
(b) The 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.
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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 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 Five-Hundred and Seventy-Five Thousand Dollars (U.S. $575,000).
(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.
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(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 July 31, 2017.
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 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 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.
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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 progress
reports required to be submitted by Subrecipient, audit findings, disbursement transactions and
contact with Subrecipient as necessary, and shall annually complete an on-site visit.
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 15th 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
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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.
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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, 104th
Congress, as amended and expanded in Public law 156, 108th Congress, as amended,
that is administered by the United States Department of Homeland Security in order to
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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 Subrecipient 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.
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(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.
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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 Municipa :• ;;��
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City rk Presi:��i y Council
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Approved as to form:
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POSADA, INC.,
ATTEST: a Colorado Non-Profit Corporation
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Title: /P 1/v5G Name:,}Wtl M. S4-a"17'4. ( rsk.4✓�
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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 2015--2017. 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 August 1, 2015 and end on the July 31, 2017. 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 Super Circular, 2
CFR Chapter 1, Part 200 et al.
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, Sub-Subrecipients, 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§ q.),
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];
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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 ❑ NoZ
(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 ❑. 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. G1
Signed (Pia a I , 2015.
Signature: v
Print Name:. __. !tib KA, S 4- 14 (
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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 92.
I
Signature � 1 If
Ex-c We irec or
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