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
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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
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This Agreement shall not be assigned or transferred by the
Subrecipient without the prior written consent of the City.
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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.
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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).
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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
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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.)