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HomeMy WebLinkAbout1996-130-11/12/1996-AGREEMENT COMMUNITY HOUSING LTD FUNDING PARTNERS NORTHERN COLORADO RESOLUTION 96-130 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NORTHERN COLORADO COMMUNITY HOUSING, LTD WHEREAS, the provision of affordable housing is a major policy theme of the City Council's 1995-1997 Agenda and serves an important public purpose for the citizens of the City; and WHEREAS, by the adoption of Resolution 93-1 11 on July 20, 1993, the City Council has approved a variety of strategies and possible implementation mechanisms to improve the supply of affordable housing in the City; and WHEREAS, such strategies include the establishment of a special account within the General Fund (the "Affordable Housing Trust Fund"), the purpose of which is to provide funding for affordable housing projects; and WHEREAS, by the adoption of Resolution 94-134 on August 16, 1994, the City Council directed City staff to develop a method of distribution of monies from the Affordable Housing Trust Fund based upon an impact fee rebate/reimbursement program, which direction has been implemented by City staff; and WHEREAS, the City Council wishes to develop additional strategies for the provision of affordable housing; and WHEREAS, the City Council's policy agenda also supports the development of public and private partnerships between the City and other local, public and private agencies; and WHEREAS, a steering committee of local public and private agencies was previously formed for the purpose of examining potential mechanisms to promote additional affordable housing in the Fort Collins community; and WHEREAS, the steering committee issued a report in September 1995, which included a recommendation to the City Council that an organization be established to promote and facilitate development of affordable housing, and that the City provide such organization with financial and political support; and WHEREAS, as a result of cooperative efforts between the City of Loveland,Latimer County, Colorado State University and the City of Fort Collins, a nonprofit organization has been formed and organized with the aim of promoting and developing affordable housing in the Fort Collins and Loveland areas, known as Northern Colorado Community Housing, Ltd. ("NCCH"), and doing business as Funding Partners for Housing Solutions; and WHEREAS, the City Council believes that the services to be provided by NCCH will enhance the City's ability to finance and manage affordable housing projects; and WHEREAS, through the passage of earlier resolutions, the City Council has expressed its interest in supporting NCCH, provided that NCCH is successful in eliciting the support of other public and private agencies and businesses in Northern Colorado; and WHEREAS, the City Council has, over the last four years, appropriated Eight Hundred Ninety-nine Thousand Dollars ($899,000) for the support of affordable housing in the community, a portion of which funds is available to help provide financial support for NCCH; and WHEREAS, the City of Loveland, Colorado, and Larimer County, Colorado have agreed to make substantial monetary and/or in-kind contributions to support the operations of the Provider; and WHEREAS, NCCH has demonstrated its willingness to continue its efforts to enlist the support of other public and private agencies and businesses. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That the City Council hereby expresses its support for the formation of NCCH and its objective of working to develop and implement an ongoing public-private partnership to meet the long-term affordable housing needs of the community. Section 2. That the City Manager is hereby authorized and directed to execute an agreement regarding the partial funding of administrative services to operate NCCH, which agreement is attached hereto as Exhibit "A" and incorporated herein by this reference, and to carry out the terms of that agreement. Passed and adopted at an adjourned meeting of the Courr6lroFthe City of Fort Colltrts-ireld this 12th day of November, A.D. 1996. Mayor ATTEST: City Clerk 2 AGREEMENT THIS AGREEMENT is made and entered into this 12th day of November, 1996, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (hereinafter referred to as"the City")whose address is 300 LaPorte Avenue, Fort Collins, Colorado 80521, and NORTHERN COLORADO COMMUNITY HOUSING, a Colorado non-profit corporation d/b/a Funding Partners for Housing Solutions (hereinafter referred to as "the Provider") whose address is P.O. Box 2731, Loveland, Colorado 80538. WITNESSETH : WHEREAS, the provision of affordable housing within the City of Fort Collins is a major policy objective of the Fort Collins City Council and serves an important public purpose for the citizens of the City; and WHEREAS, by the adoption of Resolution 93-111 on July 20, 1993, the Fort Collins City Council has approved a variety of strategies and possible implementation mechanisms to improve the supply of affordable housing in the City; and WHEREAS,the City Council's policy objectives also include the development of public and private partnerships between the City and other local public and private agencies; and WHEREAS, the development of such partnerships in pursuit of increasing the availability of affordable housing is consistent with the recommendations received by the City in previous analysis conducted in relation to this issue; and WHEREAS,the Provider is a non-profit corporation organized to foster the development and retention of housing affordable to low and moderate income individuals and families living within the cities of Fort Collins and Loveland, Colorado, and their respective urban growth areas; and WHEREAS, by the adoption of Resolution 95-137 the City Council of Fort Collins has expressed its support for the formation of the Provider and its intention to help fashion an ongoing public-private partnership to meet the long-term affordable housing needs of the community; and WHEREAS, the City of Loveland, Colorado, and Larimer County, Colorado have also agreed to make substantial monetary and/or in-kind contributions to support the operations of the Provider; and WHEREAS, NCCH has demonstrated its willingness to continue its efforts to enlist the support of other public and private agencies and businesses. WHEREAS, through the adoption of Ordinance No. , 1996, City Council has appropriated Dollars to be applied to the operating costs of the Provider during the period from to dates. NOW, THEREFORE, the City and the Provider agree as follows: WITNESSETH: In consideration of the mutual covenants and obligations herein expressed,it is agreed by and between the parties hereto as follows: 1. Scone of Services. The Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit"A",consisting of two(2)pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence November 15, 1996, and shall continue in full force and effect until December 31, 1996 (the "Initial Term"), unless sooner terminated as herein provided. In addition, at the option of the City, this Agreement may be extended for two additional one-year periods through December 31, 1998, in which event written 2 notice of such renewal shall be provided to the Provider and mailed no later than thirty days prior to the expiration date of the then current term of this Agreement. 3. Performance Measures. The Provider and the City shall jointly develop and establish no later than March 31, 1997 a list of performance indicators to be used as a measuring standard for evaluating the performance of the Provider under this Agreement. Such measures shall include, without limitation, staffing levels (including the hiring of a director), fundraising levels, and the number and kinds of projects that have been commenced or completed by the Provider. 4. Nondiscrimination in Provision of Services. The Provider shall, in the provision of services pursuant to this Agreement, maintain fairness, equity and impartiality to all persons and organizations. 5. Periodic-Reports-and-Review. The Provider shall submit to the City's Financial Officer quarterly reports of the Provider's activities, detailed financial reports, and a statement of its fulfillment of the performance standards as heretofore established for each semi-annual period within the term of the Agreement. 6. Contract Sum. The City shall pay the Provider for the performance of this Contract, subject to additions and deletions provided herein,the sum of Sixteen Thousand Six Hundred Sixty- six Dollars ($16,666.00) per quarter up to a maximum amount of One Hundred Fifty Thousand Dollars($150,000.00). All monies to be paid to the Provider under this Agreement shall be paid in equal quarterly installments;provided,however, that payment for the Initial Term of the Agreement shall be the full quarterly amount payable within fifteen (15) days of the effective date of this Agreement. All payments due to the Provider from the City shall be subject to the appropriation of the funds necessary to make such payments by the Fort Collins City Council. It is anticipated by the parties that such appropriations will occur on an annual basis as part of the City's Annual 3 Appropriation Ordinance. However,the City Council may,in its discretion,modify or withdraw any such appropriations on a quarterly basis. It is understood that the funding to be provided by the City pursuant hereto is not intended to meet all costs and expenses of the Provider; it shall therefore be an affirmative obligation of the Provider to raise additional funding through such other sources as may reasonably be available to the Provider. 7. Expenditure of Funds. The Provider's approved budget for the period from September 1, 1996 through December 31, 1998 is attached hereto as Exhibit"C", consisting of one (1)page and incorporated herein by this reference. The Provider does hereby covenant and warrant that it will expend funds received from the City under each annual term of this Agreement in substantial accord with the foregoing budget consistent with the requirements of this Paragraph 7. With the approval of the Provider's Board of Directors (the "Board"), the Provider may transfer funds from any one line item in such budget to another if circumstances necessitate such adjustments, in the sound business judgment of the Board;provided, however,that no adjustment(s) to any one line item shall exceed the sum of Fifteen Thousand Dollars ($15,000.00) without the affirmative vote of the City's representative to the Board. The Provider shall promptly notify the City's Financial Officer of any such adjustments to the budget as they occur. 8. Administrative Control of Funds/Reports, (a) The Provider shall keep true, accurate and complete records of business conducted hereunder, which records shall be available to the City without unreasonable delay and without expense, and the Provider agrees that the City shall have the right, through its duly authorized agents or representatives, to examine all pertinent records at any and all reasonable times, for the purpose of determining the accuracy thereof and the propriety of the Provider's activities. 4 (b) All Provider expenses shall be supported by properly executed payrolls,time records, invoices, contracts, vouchers or other documentation evidencing in proper detail the nature and basis for the expenses charged. All such documents shall be clearly identified and readily available to the Provider and to the City. 9. City Contract Administrator. The City Manager shall,within ten(10)days of the date of execution of this Agreement, designate an officer or employee of the City to act as the City's Contract Administrator who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the administration of this agreement. All requests and inquiries concerning this agreement shall be directed to the Contract Administrator . 10. Leaning of Real Estate by Provider. The Provider is hereby authorized to lease real estate as may be necessary for the administrative operation of Provider under this Agreement. If the Provider ceases to exist as an organization, the Provider shall reimburse the City for any payments under this Agreement used in the leasing of buildings or real estate, to the extent the Provider is entitled to or receives reimbursement from the lessor. 11. Compliance With Laws. The Provider shall comply with all applicable laws, ordinances, codes and regulations in carrying out its obligations hereunder. 12. independent Service Provider- The services to be performed by Provider are those of an independent Service Provider and not of an employee of the City of Fort Collins. In the performance of its obligations under this Agreement, it is understood and agreed that the Provider is at all times acting and performing as an independent contractor, and the City shall neither have, nor exercise, any control or direction over the manner or means by which the Provider performs its obligations under this Agreement. The City shall not be responsible for withholding any portion 5 of the Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 13. Excuse From Performance. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented,the Provider must provide written notice to the City of such condition within fifteen(15) days from the onset of such condition. 14. Early Termination by-City/Notice.Notwithstanding the time periods contained herein, the City may, within thirty(30) days after its receipt of any of the quarterly reports called for under Paragraph 5.a. above, terminate this Agreement at any time without cause. Notice of any such early termination shall be given to the Provider before the expiration of such thirty(30)day period of time. All notices provided under this Agreement shall be effective when mailed,postage prepaid and sent to the following addresses: City: Provider: City Manager Executive Director City of Fort Collins Northern Colorado Community Housing 300 LaPorte Avenue P.O. Box 2731 P.O. Box 580 Loveland, CO 80538 Fort Collins, CO 80522-0580 In the event of early termination by the City,the Provider shall be paid for services rendered and expenses incurred to the date of termination, subject only to the satisfactory performance of the Provider's obligations under this Agreement. Such payment shall be the Provider's sole right and remedy for such termination. 6 15. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly,the Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 16. Acceptance Not Waiver_ The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 17. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 18. Remedies, In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10)days within which to cure said default. In the event the default remains uncorrected,the party declaring default may elect to (a) terminate the Agreement; (b) treat the Agreement as continuing and require specific performance; or(c)avail itself of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non- defaulting party's reasonable attorney fees and costs incurred because of the default. 19. Binding Effect This writing,together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 7 20. IndPmni /Insurance. (a) The Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever for injuries to or death of any person or persons, or damages to property arising out of, or resulting from the actions or omissions of the Provider, or its agents or employees. (b) The Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. 21. Entire-Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 22. Benefit. This Agreement is made for the sole and exclusive benefit of the parties and shall inure to the benefit of their respective survivors,heirs,personal representatives, successors and assigns. It is not made for the benefit of any third party. 23. Laww/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 8 IN WITNESS WHEREOF,this Services Agreement has been executed the day and year first above written. CITY OF FORT COLLINS, COLORADO a mu icipal co r ration By: City Manage Date: ATTEST: City Clerk APPROVEp AS TO FO�tM: ity Attorney NORTHERN COLORADO COMMUNITY HOUSING,LTD. / , —c Ronald Schneider CHAIR, BOARD OF DIRECTORS Date: 1 1 / 1 5 /9 6 ATTEST: � BOARD SECRETARY 9 SCOPE OF SERVICES PURPOSE OF FUNDING AND DESCRIPTION OF WORK TO BE PERFORMED: Northern Colorado Community Housing(NCCH), d/b/a/Funding Partners for Housing solutions is a non-profit organization whose mission is to "coordinate, enhance and leverage resources to increase the inventory and retention of housing which is affordable to low and moderate income individuals." NCCH's primary activity under this agreement will be to increase the stock of housing affordable to Fort Collins households with incomes that are below the median income. NCCH will seek to achieve its goal by providing the "gap" financing or capital which so often can be the roadblock in the development or retention of affordable housing. In addition to aiding in capital formation,NCCH will strive to provide technical assistance to affordable housing developers. Northern Colorado Community Housing will use the funds provided by the City of Fort Collins for operating dollars to staff the organization with an Executive Director and support person, and cover start-up expenses as noted in the budget that follows. SCHEDULE OF WORK TO BE PERFORMED: Sept. 1 - Dec. 31, 1996 Exec. Dir. search, establish office, purchase equipment and furnishings, establish finance systems, etc. Jan. 1, 1997 Executive Director hired Feb. 1, 1997 Support staff hired Jan. 1, 1997 - Dec. 31, 1997 Develop funding criteria, seek and obtain funding from private sector sources, begin funding various housing projects Jan. 1, 1998 - Dec. 31, 1998 Continue developing funding resources in the private sector and other resources as might be available, continue funding various housing projects DETAILED PROJECT BUDGET: (for the period from 9/1/96- 12/31/98) Personnel (Exec. Dir. and support staff) $97,097.50 Taxes and Benefits $24,032.50 Consultants $16,000.00 Office Expenses $ 2,200.00 Start-Up Expenses Computers $ 5,500.00 Phone System $ 2,770.00 FAX machine $ 850.00 Furnishings $ 750.00 Miscellaneous 800.00 TOTAL BUDGET $150,000.00