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HomeMy WebLinkAbout13630 RESOLUTION NO. 13630 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 City of Pueblo CHDO Operating Expense Agreement (HOME-CHDO) dated March 13, 2017 between Posada, Inc., a Colorado Non-Profit Corporation, and the City of Pueblo, a Municipal Corporation, (“the Agreement”), for the management of an affordable housing project known as Nancy’s Place, which Posada shall undertake using HOME funds under a separate affordable housing agreement, in an effort to reduce youth 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 in the amount of $50,000 are available in Fund 251, and those funds will be committed to the Agreement. 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 upon final passage INTRODUCED: March 13, 2017 BY: Ed Brown City Clerk’s Office Item # M-5 Background Paper for Proposed Resolution CITY COUNCIL MEETING DATE: March 13, 2017 TO: President Stephen G. 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 Community Housing Development Organization (CHDO) operating funds to Posada, Inc., for the development of a single-room occupancy (SRO) rental project for homeless youth. PREVIOUS COUNCIL ACTION: There has been no previous City Council action. BACKGROUND: The City of Pueblo receives a yearly allocation of HOME funds. The provision of operating funds to an eligible CHDO that is undertaking the development of affordable housing is an eligible activity. This funding will allow Posada to maintain the required capacity under the HOME regulation, which requires CHDOs to have trained paid staff. Under a separate agreement, Posada will agree to develop rental housing for homeless youth using HOME funds. FINANCIAL IMPLICATIONS: The proposed funding amount is $50,000 and the funds are available in the 251 Fund. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None ALTERNATIVES: The City Council can choose not to provide funding for this Project. Uncommitted funds are subject to de-obligation by HUD. RECOMMENDATION: Approve the Resolution. ATTACHMENTS: City of Pueblo CHDO Operating Expense Agreement (HOME-CHDO) Rev. 2/2017 CITY OF PUEBLO CHDO OPERATING EXPENSE AGREEMENT (HOME-CHDO) This Agreement is made and entered into this 13t_day of March 2017, by and between the City of Pueblo, a Municipal Corporation (hereinafter referred to as "City") and Posada Inc., dba Alpha West, a Colorado nonprofit corporation, hereinafter referred to as "Recipient", for the sole purpose of assisting Recipient through the HOME Operating Expense Project,(hereinafter referred to as "Project"), in developing the staff and operational capacity to produce affordable housing units in the city of Pueblo. WITNESSETH, that: WHEREAS, the City has entered 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 City and Pueblo County, Colorado ("County"), 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 92.208 and 92.300,a portion of such financial assistance, subject to de-obligation(and subject to appropriation with respect to any assistance payable out of future fiscal year allotments), has been prioritized for use in providing affordable housing through a local Community Development Housing Organization (CHDO), and WHEREAS, Recipient has represented to City that it is a duly qualified community housing development organization ("CHDO") within the meaning of 24 CFR §92.2 (as revised June 2013), and is eligible and willing to undertake certain approved elements of City's housing strategy; and; WHEREAS, the City is duly authorized to enter this Agreement for and on behalf of the Consortium and to undertake all actions required by this instrument; NOW, THEREFORE, in consideration of the foregoing recitals and the covenants, terms and conditions set forth herein, the parties agree as follows: 1. RECIPIENT SERVICES. (a) The Recipient agrees to implement the Project in accordance with the provisions of Exhibit A, attached and incorporated in this Agreement. (b) The Recipient shall directly provide as a priority those services required to acquire, rehabilitate, construct and/or develop affordable housing for low and moderate-income persons, and specifically homeless youth, within the city of Pueblo. (c) Recipient warrants and represents that(i) it has the requisite authority and capacity to perform all terms and conditions on Recipient's part to be performed hereunder; (ii) that it is duly organized as a nonprofit corporation under the laws of the 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. 2. ROLE AND RESPONSIBILITIES OF THE CITY. Under this Agreement, the City is acting on behalf of the Consortium. Notwithstanding the foregoing, all obligations of Recipient under this Agreement shall run directly to City and be fully enforceable by City and in the name of the City. The City shall designate a representative of the City who will be authorized to make all necessary decisions required of the City on behalf of the City in connection with the performance of this Agreement. In the absence of such a designation, the City Manager shall be deemed as City's authorized representative. 3. FINANCIAL ASSISTANCE AND METHOD OF PAYMENT. (a) The City agrees to pay to Recipient an amount not to exceed Fifty-Thousand and 00/100 Dollars (U.S. $50,000), payable solely from available HOME Program funds. The City shall restrict the utilization of Project funds to those budgetary line items cited in Exhibit A of this Agreement, determined to be reasonable and necessary costs for operation of the CHDO, consistent with 24 CFR 92.208. Recipient shall document the utilization of the HOME funds solely for the purposes cited in this Agreement. (b) Upon expiration of the term of this agreement or upon any prior termination, Recipient shall transfer to City any funds provided hereunder which are on hand at the time of expiration or termination together with any accounts receivable attributable to the use of funds provided hereunder. 4. TERM OF AGREEMENT. (a) This Agreement shall be effective for the period beginning the 1 st day of January of 2017 and shall terminate on December 31, 2017, unless canceled sooner with or without cause, by any party giving thirty (30) days prior written notice of such cancellation. This agreement shall be non-renewable unless specifically authorized by official action of the parties hereto. —2— 5. TERMINATION OF AGREEMENT. (a) For Cause. This Agreement may be terminated by City for cause, including any nonperformance by Recipient, upon ten(10)days written notice to Recipient 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 Recipient. In accordance with 24 CFR 85.43, cause for termination shall include any material failure by Recipient 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. 6. ASSIGNABILITY. This Agreement shall not be assigned or transferred by Recipient. Any assignment or attempted assignment made in violation of this provision shall, at City's election, be deemed void and of no effect whatsoever. 7. CONFLICT OF INTEREST. HOME Regulation 24 CFR, Part 92.356 is incorporated herein by reference and as Exhibit D, and sets forth applicable laws and regulations that apply to Conflict of Interest. Recipient 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. 8. RECIPIENT RECORDKEEPING. Recipient agrees to maintain personnel, financial and other records, and accounts as are necessary to properly account for all funds expended in performance of this Agreement. Further, Recipient shall maintain programmatic records, housing production records, and client files documenting the full range of accomplishments achieved because of this CDHO Operating Expense Project. Accounting records shall be kept on a generally recognized accounting basis and as requested by the City's auditor. Recipient agrees to comply with all applicable uniform administrative requirements described or referenced in 24 CFR Part 92. The compliance provisions attached as Exhibit "B" hereto are made a part of this Agreement, and Recipient 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 Recipient which relate to this Agreement for the purpose of making an audit or examination. Upon completion of the work and end of the term of this Agreement, the City may, at any time within 5 years thereafter, require all of Recipient's financial records relating to this Agreement to be turned —3— over to the City. 9. MONITORING AND EVALUATION. The City shall have the right to monitor and evaluate the progress and performance of Recipient 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 Recipient's performance using on-site visits, progress reports required to be submitted by Recipient, audit findings, disbursement transactions and contact with Recipient as necessary. Recipient 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. Recipient shall fully cooperate with City relating to such monitoring and evaluation. 10. RECIPIENT FILES AND INFORMATION REPORTS. Recipient 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 Recipient 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. 11. INDEPENDENCE OF RECIPIENT. Nothing herein contained nor the relationship of Recipient to the City, which relationship is expressly declared to be that of an independent contractor, shall make or be construed to make Recipient or any of Recipient's agents or employees, the agents, or employees of the City. Recipient shall be solely and entirely responsible for its acts and the acts of its agents, employees, and subcontractors. 12. LIABILITY & INSURANCE. (a) As to the City, Recipient 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 Recipient or by the conditions created thereby. Recipient further agrees to indemnify and save harmless the City, its officers, agents, and employees, from and against any and all claims, liabilities, costs,expenses, penalties, and attorney fees arising from such injuries to persons or damages to property or based upon or arising out of the performance or nonperformance of this Agreement by Recipient or out of any violation by Recipient of any statute, ordinance, rule or regulation. (b) Recipient 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 —4— 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 Recipient shall obtain and keep in force is as follows: (i) Workers' Compensation Insurance complying with statutory requirements in Colorado. (ii) Comprehensive General and Automobile Liability Insurance with limits not less than Six Hundred Thousand and No/100 Dollars($600,000.00)per person and occurrence for personal injury, including but not limited to death and bodily injury, and Six Hundred Thousand and No/100 Dollars ($600,000.00)per occurrence for property damage. 13. CERTIFICATIONS. Recipient agrees to execute and abide by the certifications contained in Exhibit"C"hereto, which are hereby expressly made a part of this Agreement. 14. PROGRAM INCOME; PROJECT PROCEEDS; REVERSION OF ASSETS (a) Project related assistance provided through this Agreement shall be in the form of direct grant to the Recipient. 15. RECOGNITION OF HUD, CITY. In all printed materials, Project descriptions and other activities undertaken with funds provided under this Agreement, Recipient shall provide recognition that funds have been provided by the U.S. Department of Housing and Urban Development and the City of Pueblo. Recognition shall be accomplished by prominent disclosure of the role of HUD and the City in all such printed materials and Project signage, if any. 16. 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 Recipient and City. —5— 17. SIGNATURES. The persons signing this Agreement on behalf of Recipient represent and warrant that such persons and Recipient have the requisite power and authority to enter, execute and deliver this Agreement and that this Agreement is a valid and legally binding obligation of Recipient enforceable against Recipient in accordance with its terms. IN WITNESS, WHEREOF, Recipient 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 Munic.e: o s:•ratio 111 ,ct ---tBy: _ , _ 1 - Cit lerk Presto ent o y Council [ SEAL ] Date: 3 ' 13 - I -1 POSADA, INC. • By: ' f. 67-A'Ar Chaff n o thl oar. ( i By: �� . ,►' RN4ir Name: , . 1 0 , _S , ii-y.6,4. Title: . trz c.Tubz. . Date: -Z.c- 17 -6- EXHIBIT A SCOPE OF SERVICES I. SCOPE OF SERVICES a) Recipient shall provide affordable housing production services under the terms, conditions, requirements, and denoted responsibilities of this Agreement. The City agrees to make available up to $50,000 in HOME program funds for the sole purpose of assisting Recipient's efforts to develop the staff and operational capacity to initiate the production of affordable housing units targeting homebuyers or renters through acquisition, acquisition/rehabilitation, and/or new construction activities. b) The HOME funds provided through this Agreement are restricted to the items cited in the Project budget incorporated herein. c) For purposes of this agreement a"Low Income" family is defined as a family with total"gross" income from all sources equal to or below eighty percent(80%)of the Pueblo MSA median income adjusted for family size (current 2016 income limits are included in this section for reference). The Department of Housing and Citizen Services shall annually provide updated income eligibility guidelines for use by the Recipient in carrying out the requirements of this Agreement. 2016 1 person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 persons Income Limits Low $33,600 $38,400 $43,200 $48,000 $51,850 $55,700 $59,550 $63,400 (80%) Income 2. OBJECTIVES a) The Recipient shall secure competent staff and take steps to operationalize an affordable housing production program within the term of this Agreement,and shall provide related reports as stipulated in Section 5 below. In addition to these operational and capacity enhancements during the term of this Agreement, Recipient shall focus on the development of affordable housing development within the city of Pueblo for initial occupancy by low income households. Affordability shall be defined to require that total housing costs for rental or in the case of single- family for-sale housing, principal, interest, taxes, and insurance shall not exceed thirty percent (30%) of gross family income. New or rehabilitated housing units shall be constructed or rehabilitated generally in accordance with governing standards promulgated by local codes. —7— b) By accepting CHDO operating dollars, Recipient maintains that it currently has a contract commitment with the City for an eligible CHDO set aside project or that it will have a project commitment no later than 24 months from the date of this Agreement. (24 CFR 92.300(e)). 3. SERVICES a) Recipient shall develop forms, policies, client intake and tracking form(s), homebuyer processing procedures, financial record keeping controls, and other methods to document beneficiaries, project costs and proper utilization of HOME Project funds. b) Recipient shall secure non-HOME financial and non-financial resources as needed to produce affordable housing within the term of this Agreement. HOME funds provided under this Agreement shall not be utilized for payment of direct costs for acquisition, rehabilitation, or construction of housing. 4. RECIPIENT INFORAMTION RECIPIENT: Posada, Inc., dba Alpha West CONTACT PERSON: Kim Bowman 225 Colorado Ave PHONE: 719-545-8776 Pueblo, CO 81004 5. QUARTERLY REPORTS a) Recipient shall prepare and provide to the City a report of Project activities no less frequently than quarterly (the "Quarterly Report"). The duty to provide quarterly Reports shall survive termination of this Agreement until received by the City. b) The Quarterly Report shall contain a narrative on the progress of the Project and a financial statement on expenditures made during the reporting period and shall be in the form provided herein. c) Failure to submit the Quarterly Report narrative, financial reports or financial documentation shall be deemed good cause for withholding further payment to the Recipient. 6. AUDIT REQUIREMENTS The Recipient shall provide the City with an audit report showing the financial affairs of the Recipient for the accounting period(s)encompassed by the term of this agreement. The audit period shall conform to the Corporation's designated accounting year. —8— 7. PAYMENT SCHEDULE AND PROCEDURE a) As a pre-condition to payment by the City hereunder, not more often than monthly, the Recipient shall submit a written reimbursement request for CHDO Operating Expense Project funds by presenting to the City all supporting documentation detailing items for reimbursement. The Department of Housing and Citizen Services shall review the documentation and shall process the request for payment unless deficiencies are detected, whereupon the staff will immediately notify Recipient of the deficiency. The City shall pay the eligible HOME reimbursement to the Recipient with thirty(30)days of the date the payment request is received in the Finance Office. b) Approved budget is as follows: Personnel Services, Contractual Services,and Commodities: Total $50,000 —9— EXHIBIT B ACCOUNTING SYSTEM COMPLIANCE PROVISIONS 1. As used in this Exhibit, the term "Recipient" shall mean the entity entering the Agreement with the City of Pueblo, a Municipal Corporation to which this Exhibit is attached. 2. Recipient is subject to and shall comply with the requirements of OMB Circular A-133. 3. Recipient 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 Recipient'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 Recipient shall not materially deviate from any approved Project budget unless any proposed major revision thereto has been submitted to City and approved in writing. Change orders of less than $10,000 each or$50,000 in the aggregate shall not be deemed to be material deviations or major revisions to the Project budget. 5. Nothing in the Agreement or the Exhibits thereto shall obligate City to any third parties nor to any contractors, subcontractors, consultants, suppliers, or workmen who have contracted with Recipient or provided any materials or services to Recipient. 6. The City has the right to periodically perform interim audits and a final audit of the Project and funds provided under the Agreement. Recipient 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. —10— EXHIBIT C CERTIFICATIONS The entity entering this Agreement with the City hereby certifies that the Project will be conducted and administered in compliance with all 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. 93-1 12), 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; (1 1) 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; —11— (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. 4700; 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. —12— (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 Sub recipient will comply with implementing regulations and requirements under 24 CFR 92. / Signature: t IA% Date: 13 EXHIBIT D CONFLICT OF INTEREST PROVISION Code of Federal Regulations Title 24 - Housing and Urban Development Volume: 1 Date: 201 1-04-01 Original Date: 201 1-04-01 Title: Section 92.356 - Conflict of interest. Context: Title 24 - Housing and Urban Development. Subtitle A - Office of the Secretary, Department of Housing and Urban Development. PART 92 - HOME INVESTMENT PARTNERSHIPS PROGRAM. Subpart H - Other Federal Requirements. § 92.356 Conflict of interest. (a)Applicability. In the procurement of property and services by participating jurisdictions, State recipients,and subrecipients,the conflict of interest provisions in 24 CFR 85.36 and 24 CFR 84.42, respectively, apply. In all cases not governed by 24 CFR 85.36 and 24 CFR 84.42, the provisions of this section apply. (b) Conflicts prohibited. No persons described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to activities assisted with HOME funds or who are in a position to participate in a decision-making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. (c) Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the participating jurisdiction, State recipient, or subrecipient which are receiving HOME funds. (d)Exceptions: Threshold requirements. Upon the written request of the participating jurisdiction, HUD may grant an exception to the provisions of paragraph (b) of this section on a case-by-case basis when it determines that the exception will serve to further the purposes of the HOME Investment Partnerships Program and the effective and efficient administration of the participating jurisdiction's program or project. An exception may be considered only after the participating jurisdiction has provided the following: (1)A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (2) An opinion of the participating jurisdiction's or State recipient's attorney that the interest for which the exception is sought would not violate State or local law. (e)Factors to be considered for exceptions. In determining whether to grant a requested exception after the participating jurisdiction has satisfactorily met the requirements of paragraph (d) of this section, HUD will consider the cumulative effect of the following factors, where applicable: (1) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise not be available; (2) Whether the person affected is a member of a group or class of low-income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (3) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision-making process with respect to the specific assisted activity in question; (4) Whether the interest or benefit was present before the affected person was in a position as 14 described in paragraph (c) of this section; (5) Whether undue hardship will result either to the participating jurisdiction or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and (6)Any other relevant considerations. (f) Owners and Developers. (I)No owner, developer or sponsor of a project assisted with HOME funds (or officer, employee, agent, elected or appointed official or consultant of the owner, developer or sponsor) whether private, for-profit or non-profit (including a community housing development organization (CHDO) when acting as an owner, developer or sponsor) may occupy a HOME-assisted affordable housing unit in a project. This provision does not apply to an individual who receives HOME funds to acquire or rehabilitate his or her principal residence or to an employee or agent of the owner or developer of a rental housing project who occupies a housing unit as the project manager or maintenance worker. (2)Exceptions. Upon written request of a housing owner or developer,the participating jurisdiction (or State recipient, if authorized by the State participating jurisdiction) may grant an exception to the provisions of paragraph (0(1) of this section on a case-by-case basis when it determines that the exception will serve to further the purposes of the HOME program and the effective and efficient administration of the owner's or developer's HOME-assisted project. In determining whether to grant a requested exception, the participating jurisdiction shall consider the following factors:(i) Whether the person receiving the benefit is a member of a group or class of low-income persons intended to be the beneficiaries of the assisted housing,and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (ii) Whether the person has withdrawn from his or her functions or responsibilities, or the decision-making process with respect to the specific assisted housing in question;(iii) Whether the tenant protection requirements of § 92.253 are being observed;(iv) Whether the affirmative marketing requirements of § 92.351 are being observed and followed; and(v) Any other factor relevant to the participating jurisdiction's determination, including the timing of the requested exception. [61 FR 48750, Sept. 16, 1996,as amended at 62 FR 28930, May 28, 1997]. 7)1 0A2 • ecuti II'rector 15 EXHIBIT E 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 V (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. 16 Signed 77/a Z 4 , 20 ( 7. 7 By:� Name: / 7 S7Te?ji7Zav Title: ' -- c, jyL For purposes of responding to question (b) above, an "affiliated party" includes (1) any person who is the named beneficiary or co-beneficiary on the PERA account of the PERA Retiree; (2)any person who is a relative of the PERA Retiree by blood or adoption to and including parents, siblings, half-siblings, children, and grandchildren; (3) any person who is a relative of the PERA Retiree by marriage to and including spouse, spouse's parents, stepparents, stepchildren, stepsiblings,and spouse's siblings; and(4)any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or compensation. 17