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HomeMy WebLinkAbout7043RESOIMCN No. 7043 SECTION I. The Agent for Cmmziity Services between Pueblo, A Municipal Corporation and E1 Pueblo Interdevelopwnt Corporation, a copy of which is attached hereto and incorporated herein, having been approved by the City Attorney, is hereby approved. Zhe City Manager of the City of Pueblo is authorized and directed to execute the agreement for and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attest the same. IWA W-1mon IlTIROD= December 28, 1992 BY: MICHAEL OCCHIATO Councilperson FOR.'=— AGREEME0 FOR COMMUNITY DEVELOPMENT SERVICES THIS AGREEMENT ( " Agreement "), entered into thisl day of Janu,_iry , I% a _ , by and between the City of Pueblo, State of Colorado, (hereinafter referred to as the "City ") and El- Pile-b o Interdevelopment Corporation (hereinafter referred to as the "Subrecipient "). WITNESSETH THAT; WHEREAS, the City has, under date of April 17 , 19 , entered into a grant agreement with the U.S. Department of Housing and Urban Development ( "HUD ") providing for financial aid to the City under Title I of the Housing and Community Development act of 1974, as amended to date; and WHEREAS, pursuant to such grant agreement the City is undertaking certain activities necessary for the execution of a project situated in the project area described in the Scope of Services; and WHEREAS, the City desires to disburse funds to the Subrecipient to execute certain projects in connection with such undertaking of the City; NOW, THEREFORE, in consideration of the foregoing recitals and the terms and conditions set forth herein, the parties hereto do mutually agree as follows: 1. SCOPE OF SERVICES The Scope of Services is attached as "Exhibit A" hereto and made a part of this Agreement. Subrecipient agrees to perform and complete all items and work encompassed within or reasonably necessary to accomplish the Scope of Services in compliance with all provisions of this Agreement. Subrecipient warrants and represents that it has the requisite authority and capacity to perform all terms and conditions on Subrecipient's part to be performed hereunder. 2. RESPONSIBILITIES OF THE CITY The City shall designate representatives 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 and disbursing funds in connection with the program. In the absence of such a designation, the City Manager shall be deemed as City's authorized representative. 3. SUBRECIPIENTS COMPENSAT AND METHOD OF PAYMENT I If the Subrecipient is not in default hereunder and subject to the City's actual and timely receipt of the Department of Housing and Urban Development Community Development funds and certification that this Agreement and Scope of Services are an approved program and an eligible expenditure of Community Development funds, the City agrees to grant to the Subrecipient a sum not to exceed $ sn,nnn The money will be dispersed only in accordance with applicable HUD regulations, the terms specified in this Agreement and the Scope of Services. 4.. TERM OF AGREEMENT The term of this Agreement shall be from 3n„_ 11, 1993 to J an. 11, 1994 unless sooner terminated as herein provided. 5. TERMINATION OF AGREEMENT a. For Cause This Agreement may be terminated by City for cause, including nonperformance by the Subrecipient, upon ten (10) days written notice to Subrecipient including a statement of the reasons therefore, 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 Community Services whose decision shall be final. The determination of the City as to the cause of 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 automatically terminate at the end of its term as well as in the event of any suspension or non- receipt of Community Development funds by City. c. Post Termination Procedures. In the event of termination, all property acquired by Subrecipient with grant funds, all grant funds, program income, and loans originated with grant funds or by payments therefrom and payments received under such mortgage loans, held, owned or retained by the Subrecipient shall immediately become the sole and separate property of the City and the Subrecipient shall perform all acts and execute all instruments necessary to transfer and assign such property, funds, income, and mortgage loans to City. All finished or unfinished documents, data, studies, reports and work product prepared by the Subrecipient under this Agreement or with grant funds shall, at the option of the City, become its property and the Subrecipient shall be entitled to receive just and equitable compensation only for satisfactory work completed for which compensation has not previously been paid nor reimbursement made. 6. ASSIGNABILITY -2- so This Agreement shall not be assigned or transferred by the Subrecipient without the prior written consent of the City. r , F 7. CONFLICT OF INTERE The Subrecipient certifies and warrants that neither it nor any of its directors, officers or employees has or will derive any personal or financial interest or benefit from the activity or activities assisted pursuant to this Agreement, nor has an interest in any contract or agreement with respect thereto, nor the proceeds thereunder, either for themselves or for those with whom they have family or business ties, during their tenure and for one year thereafter. Subrecipient shall avoid all conflicts of interest which are prohibited by applicable federal regulations, including but not limited to those set forth in 24 CFR Part 570 as presently promulgated and as same may be revised from time to time in the future. 8. SUBRECIPIENT RECORDS Subrecipient shall maintain records as to all services provided, reimburseable expenses incurred in performing the Scope of Services and complete accounting records. Accounting records shall be kept on a generally recognized accounting basis and as requested by the City's auditor. The Subrecipient agrees to comply with all applicable uniform administrative requirements described or referenced in 24 CFR 570.502. The Compliance Provisions attached as "Exhibit B" hereto are made a part of this Contract 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 the 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, the City may require all of Subrecipient's financial records relating to this Agreement to be turned over to 9. MONITORING AND EVALUATION The City shall have the right to monitor and evaluate the progress and performance of the Subrecipient to assure that the terms of this Agreement are being satisfactorily fulfilled in accordance with City and other applicable monitoring and evalu- ation criteria and standards. The City shall at least quarterly review the Subrecipients performance using on -site visits, progress reports required to be submitted by the Subrecipient, audit findings, disbursement transactions and contact with the Subrecipient -as necessary. The 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. -3- 10. SUB RECIPIE NT FILE A ND INFORMATION RE The Subrecipient shall maintain files containing information which shall clearly document all activities performed in conjunc- tion with this Agreement, including, but not limited to, financial transactions, conformance with assurances, activity reports, and program income. These records shall be retained by the Subrecipi- ent for a period of three years after the completion of the project. 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 SUBRECIPIENT Nothing herein contained nor the relationship of Subrecipient to City, which relationship is expressly declared to be that of an independent contractor, shall make or be construed to make Subrecipient or any of Subrecipient 's agents or employees the agents or employees of the City. Subrecipient shall be solely and entirely responsible for its acts and the acts of its agents, employees and subcontractors. 12. LIABILITY 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 or by the conditions created thereby. Subrecipient 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 Subrecipient or out of any violation by Subrecipient of any statute, ordinance, rule or regulation. 13. CERTIFICATIONS The Subrecipient agrees to execute and abide by the certifications contained in "Exhibit C" hereto, which is hereby made a part of this Contract. 14. PROGRAM INCOME Unless otherwise authorized by City in writing, all program income 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 the Scope of Services, and the amount of grant funds payable by City to Subrecipient shall be adjusted as provided by 24 CFR §570.504(b)(2)(i) and (ii). -4- T7V V.J�'� I ti y D �Y�.�Ff`fic ty'r December 11, 1992 Mr. Tony Berumen, Director Department of Housing and Community Development P.O. Box 1427 Pueblo, CO 81002 -1427 Dear Tony, On behalf of the El Pueblo Inter - Development Corporation Board of Directors, I'm requesting from the city of Pueblo $50,000 in CDBG funding to help capitalize the EPIC Revolving Loan Fund. The loan fund will be used to help finance start -up and existing business development. Details of this program are included in the enclosed loan policy. Also included is a copy of the EPIC Business Plan. The loan policy stresses the importance of education and requires as a loan condition that participants be involved in a Leading Edge type program. Enclosed is the Leading Edge syllabus required for both the Micro and Emerging Loan applicants. In addition to this request, the EPIC Board is pursuing other public and private sources to further capitalize the Revolving Loan Fund. Some of these sources include U S West and other area businesses, Colorado Housing and Finance Authority, local banks, and eventually foundations. This resource development effort will be carried out by the EPIC Board before April 1993. The Small Business Development Center 900 West Orman Avenue • Pueblo, Colorado 81004 (719) 549 -3224 A JOINT PROGRAM OF THE COLORADO COMMUNITY COLLEGE AND OCCUPATIONAL EDUCATION SYSTEM AND THE U.S. SMALL BUSINESS ADMINISTRATION •o �• « • •,• r I •*:• •• • DID i •• ►• • • y• &W 1. An accounting system using the accrual basis of generally accepted accounting principles which accurately reflects all costs chargeable (paid & unpaid) to the project should the project terminate the next day is mandatory. A receipts and disbursements ledger must be maintained. A general ledger with an income and expertise account for each budgeted line item is necessary. Paid invoices revealing check number, date paid and evidence of goods or services received are to be filed according to the expense account they were charged. The City must review and approve your account system and internal controls prior to the release of funds. 2. There is no flexibility on budgets. Line items may be changed only by the City's written concurrence of a budget amendment. 3. A log listing all long distance telephone calls must be maintained (showing date, city and agency called, person making call and person called) . 4. Eligible expenses are those considered reasonable and necessary costs for the efficient operation of the program as determined by the City. All costs must be budgeted items. Requests for advance or reimbursements of expenses must be accompanied by: 1. Original Invoice marked with funding source 2. Detailed listing of each expense showing: a) recipient b) brief description of purchase c) amount with method of computation detailed Cost Summary must be submitted on a monthly basis to reflect entries through the closing date for the books (indicate Closing Date on Cost Summary). 5. All employees handling funds are required to be insured by a fidelity bond. 6. The City shall not be obligated to any third parties of the contractor. Each contractor is further cautioned against obligating funds beyond the contract date of the agreement-between the City and the contractor. (Example: rent or lease agreements, service contracts, insurance, etc.). 7. The contractor will furnish the City such statements, records, data and information, and permit such interviews with personnel as the the City may request in order to effectively monitor and evaluate the project. 8. City auditors will periodically make interim audits and may upon completion of the project, make a final audit. 9. All records must be retained by the agency for a period of three years following the last day of each contract. (Cost summary reports must reflect actual general ledger balances.)