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HomeMy WebLinkAbout422871 HOMELESSNESS PREVENTION INITIATIVE - CONTRACT - AGREEMENT MISC - HOMELESSNESS PREVENTION INITIATIVESUBRECIPIENT SERVICE AGREEMENT COMPETITIVE PROCESS: PUBLIC SERVICE CATEGORY HUMAN SERVICES PROGRAM FUNDING AN AGREEMENT, by and between the City of Fort Collins hereinafter referred to as "City" and HOMELESSNESS PREVENTION INITIATIVE, OF UNITED WAY OF LARIMER COUNTY., hereinafter referred to as "Subrecipient", by which the Subrecipient agrees to carry out specific activities under the City's Human Services Program (HSP) Program and establishing certain other terms and conditions of operation. IT IS MUTUALLY AGREED AS FOLLOWS: ARTICLE I. PROJECT SECTION 1. SCOPE OF SERVICES The City, in allocating Human Services Program monies from the Genet a] Fund, hereby designates the Subrecipient to undertake, and the Subrecipient hereby agrees to undertake the activities specifically described in the application and summarized below A. General Statement HOMELESSNESS PREVENTION INITIATIVE OF UNITED WAY OF LARIMER COUNTY will provide rental assistance to low-income families facing eviction due to a tempoiaryfinancial crisis The services piovided will be in accordance with Homelessness Prevention Initiative's Spring 2007 Competitive Process proposal, and as appioved by City Council on May 15, 2007 B. SubiecinientShall. Provide sei vices by piovidmg rental assistance to be paid with Human Services Program Publu, Seivice fiords in the amount of $35,000 00 as follows Rental Assistance in the amount of approximately $229 pei family foi a total of appioximately 152 families It is ante ipatcd that approximately 459 unduplicated low-income individuals will be served over the course of this 12-month contract The goal is to serve 372 clients at the 0-30% AMI level, 82 clients at the 31-50% AMI level, and 5 clients at the 51-80% AMI level SECTION 11. RESERVATION OF RIGHTS Failure to insist upon strict compliance with any teems, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waives of any other breach SECTION 12. AMENDMENTS TO AGREEMENT The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. SECTION 13. FAILURE TO PERFORM In the event of a failure by the Recipient to comply, with any terms or conditions of this Agreement or to provide in any manner the activities or other performance as agreed to herein, the City reserves the right to temporarily withhold all or any part of payment pending correction of the deficiency, suspend all or part of the Agreement, or prohibit the Recipient from incurring additional obligations of funds until the City is satisfied that con ective action has been taken or completed. The option to withhold funds is in addition to, and not in lieu of, the City's right to terminate as provided in the General Conditions, Article 1I1, Section 15, fermmation, of this Agreement The City may consider performance under this Agreement when consider mg future awards. SECTION 14. 'TERMINATION If the Recipient fads to comply with the terms and conditions of this Agreement, the City may pursue such remedies as are available, including but not limited to, the termination of this Agreement in the manner specified herein. (A) Termination for Cause - If the Recipient fails to comply with the terms and conditions of this Agreement and any of the following conditions exist (1) l he lack of compliance with the piovisions of this Agreement are of such scope and nature that the City deems continuation of this Agreement to be substantially non -beneficial to the public mlei est, (2) The Recipient has faded to take satisfactory corrective action as directed by the City or its authorized representative within the time spewfied by same, (3) The Recipient has failed within the time specified by the City or its authonzed representative to satisfactorily substantiate its compliance with the terms and conditions of this Agreement I he City may terminate this Agreement in whole or in part, and thereupon ,hall notify in writing the Recipient of the termination, the seasons therefore, and the effeUive date The effearve date shall not be prior to notification of the termination by the City to the Recipient Costs resulting from obhgations incurred by the Recipient after termmation of the Agreement are not allowable unless specifically authorized in writing by the City (B) Termination for ConvemenLe The award may be terminated for convenience, in whole of in part, as follows 10 (1) By the City with the consent of the Recipient The two parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated, or (2) By the Recipient upon submitting written notification to the City The wt dten notification must set forth the reasons for the termination, the effective date, and in the case of partial termination, the portion to be terminated However, in the case of a proposed partial termination, the City may terminate the award in its entirety if the City determines that the remaining portion will not accomplish the purpose for which the award was made (C) Termination for Withdrawal, Reduction or Limitation of Fundm In the event that funding is withdrawn, reduced or limited in any way after the effective date of this Agreement, and prior to its normal completion, the City may summarily terminate this Agreement as to the funds reduced or limited, notwithstanding any other termination provision of this Agreement. If the level of funding so reduced or limited is se great that the City of Fort Collins deems that the continuation of the program covered by the Agreement is no longer in the best interest of the public, the City may summarily terminate this Agreement in whole notwithstanding any other termination provisions of this Agreement. Termination undei this Section shall be effective upon receipt of written notice by the Recipient or its representative (D) Remedies In the event of let initiation for cause, the City may pursue any remedies available to it at law or in equity, including, without limitation, damages, specific performance, and criminal remedies All representations made by the Subrecipient to the City either in this Agreement or for the purpose of inducing the City to execute this Agreement are hereby sworn to the City to be true, coitect, honest and forthright and are made under penalty of perjury SECTION 15. CLOSE-OUT Upon termination of this Agreement, in whole or in part for any reason including completion of the project, the following provisions shall apply (A) Upon written request by the Agency, the City shall make or arrange for payment to the Recipient of allowable reimbursable costs not covered by previous payments (B) The Recipient shall submit within thirty (30) days alter the date of expiration of this Agreement, all financial, performance and other reports required by this Agreement, and in addition, will cooperate in a program audit by the City or its designee (C) Close-out of funds will not occur unless all outstanding issues with the general contractor and or subconti actor have been resolved to the satisfaction of the City SECTION 16. VENUE AND CHOICE OF LAW If either party to this Agreement initiates any legal or equitable action to enforce the terms of this Agreement, to declare the rights of the parties under this Agreement, or which relates to this Agreement many manner, the City and the Recipient agree that the pt opet venue for such action is the Lartmei County, Colorado, District Court It is mutually understood and agreed that this Agreement shall be govei tied by the laws of tire Stale of Colorado, both as to interpretation and performance 11 SECTION 17. SEVERABILITY CLAUSE It is understood and agreed by the parties that if any part, term, or provision of this Agreement is held by the courts to be illegal or in conflict with any law of the state where made, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the patties shall be construed and enforced as if the Agieement did not contain the particular part, term, or provision held to be invalid SECTION 18. INTEGRATED DOCUMENT This Agieement with any attachments, and the Recipient's corresponding application for the City's Competitive Process, including verbal presentation, incorporated by reference, constitute the entire agreement between the parties and both parties acknowledge that there aie no other agreements, written or oial, that have not been fully set forth in the text of this Agreement 12 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of the most recent signatory Date OF F0RTc ATTEST: Cry Crg City Clerk ���reL'Ppit?�i FA V WMITJ DI UUM LUXT40,40 ws A w � Date �" t ATTEST: ��` Board Secretary d� (Corporate Seal) THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By Dann A AttebeiTy, City Manager SUBRECIPIENT: HOMELESSNESS PREVENTION INITIATIVE By i 1a wfr c V 'c�J President, Board fDnectots By vaux " Executive Dnector Federal I D 4 34-6031503 13 EXHIBIT A AFFIDAVIT PURSUANT TO C.R.S.24-76.5-103 i, swear or affirm under penalty of perjury under the laws of the State of Colorado that (check one): I am a United States citizen, or I am a Permanent Resident of the United States, of I am lawfully present in the United States pursuant to Federal law I understand that this sworn statement is required by law because I have applied fol a public benefit I understand that state law iequires me to provide proof that I am lawfully present in the United States pt for to receipt of this public benefit I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently ieccived Signatui e Date INTERNAL USE ONLY: Valid Forms of Identification • current Colorado driver's license, minor driver's license, p, obationsty driver's license, commercial driver's license, restricted driver's license, instruction permit • current Colorado identification card U S military card or dependent identification card • U S. coast guard merchant mariner card • Native American tribal document 14 INDEX TO HUMAN SERVICES PROGRAM AGREEMENT Article I. Project 1 Scope of Set vices 2 Project Description 3 Term of Agreement 4 Program Reporting Article II. Financial Conditions 1. Budget and Compensation 2 Documentation of Costs and Other Financial Reporting 3 Reimbursement 4 Program Income Article III. Federal Conditions I Benefit to Low Income People I 1 Compliance with Laws 2 Federal Standards for Employment Practices 3 Discrimination Prohibited 4. Conflict of Interest 5 Separation of Church and State 6 Licensing and Program Standards 7 Indemnity 8, Notices 9 Citizen and Client Participation 10 Assignment and subcontracting 1 I Reservation of Rights 12 Amendments to Agreement 13 Failure to Perform 14 Tennmation 15 Close-out 16. Venue and Choice of law 17 Severabihty Clause 18 Integrated Document Exhibit A Affidavit 15 Type of Protect Public Service Project Location 424 Pine Street 4102 Foil Collins CO 80524 SECTION 3. TERM OF AGREEMENT SECTION 2 PROJECT DESCRIPTION Funded Amount $35,000 Fiscal Year: 2007 Service Area Foil Collins The term of this Agreement is October 1, 2007 through September 31), 2008, but may be extended should additional time for auditing this project be required, in accordance with law, this Agieement shall be; deemed automatically extended until such time as the said audit shall be completed Notwithstanding other piovismns of this agreement, the term of this Agreement shall cover the pei iod that the Subrecipient has control over Human Services Progi elm funds, including program income SECTION 4. PROGRAM REPORTING The Subrecipient shall submit such teports as required by the City to meet its local obligations and regulations The City will prescribe the report format, as well as the time and location for submission of such reports Required reports include but are not limited to the following (A) Quarterly reports which shall include the progress made to date, orjustification for lack of progiess, in providing the services specified in Article I, Section I Scope of Services, of this Agreement (B) Quarterly reports on demogiaphic and income information regarding persons assisted by the Subiecipient through this Agreement (C) Close out reports including a final performance report, inventory of all property acquired or improved with Human Services Program funds, and final financial report, upon tein uiation or completion of the award ARTICLE H. FINANCIAL CONDITIONS SECTION 1. BUDGET AND COMPENSATION The City shall reimburse the Subiecipient its allowable costs for the services identified in this Agreement not to exceed THIRTY FIVE THOUSAND AND NO1100 Dollars ($35,000.00) upon piesentation ofpiopeily executed ieimbursement foims as provided or approved by the City Such reimbursement shall constitute full and complete payment by the City under this Agieement Allowable costs Shall mean those necessary and propel costs identified in the Subrecipient's app,ication and approved by the City unless any or all such costs are disallowed by the State of Colot ado Any reimbursements made undet this Agieement must comply with the applicable City regulations The Subrecipient may not request disbursement of funds undet this Agreement until the funds are needed for payment of eligible costs The amount of each request must be limited to the amount needed. Budeet Summa Time of Pa} menu Payment shall be made upon receipt of reimbursement request documents mailed to: City Planning and Community Development Department, City of Fort Collins, P. O. Box 580 (281 N. College), ]Fort Collins CO 80522-0580. Where Payments A.re Made Payments shall be made to Homelessness Prevention Initiative of United Way of Lanmer County, 424 Pine Street #102, Fort Collins CO 80524 The Subrecipient shall apply the funds received from the City under this Agreement in accordance with the parameters outlined in the Scope of Services (Article 1, Section 1) Any line -item expense, by itself or in combination with any other line item expense change, equal to or greater than 10% of the total budget amount over the life of the Agreement shall iequire a formal amendment to the Agreement Any request for a line -item expense, by itself or in combination with any other line item expense change, equal to or less than 10% of the total budget amount shall be submitted in writing and shall specifically state the reasons lot the requested increase and alustification for the corresponding decrease in other line- item(s) All budget ievision and/or amendment requests will be reviewed and approved or denied by the City SECTION 2. DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING All costs shall be supported by properly executed payrolls, time records, invoices, vouchers or other official documentation, as evidence of the nature and propriety of the charges All accounting documents pertaining in whole or in part to this Agreement shall be cleai ly identified and readily accessible, and upon reasonable notice, the City shall have the right to audit the records of the Subrecipient as they relate to the work The Subrecipient shall also (A) Maintain an effective system of internal fiscal control and accountability for all Human Services funds and pioperty acquued or improved with Human Services Progiam funds, and make sine the same are used solely for authorized purposes (R) Keep a continuing record of all disbursements by date, (,heck number, amount, vendor, description of items purchased and line item fiom which money was expended, as reflected in the Subrecipient's accounting recoids The line item notations must be substantiated by a receipt, invoice marked "Paid," or payroll record (C) Maintain payroll, financial, and expense reimbursement records for a per rod of five (5) years after receipt of final payment under this Agreement (D) Permit inspection and audit of its iecoids with respect to all matters authorized by this Agreement by repi esentatives of the City, the State Audrtoi at any tune during normal business houis and as often as necessaiy (E) Inform the City concerning any funds allocated to the Subrecipient, that the Subrecipient anticipates will not be expended during the Agreement period, and permit reassignment of the same by the City to othei subi ecip tents (F) Repay to the City any funds in its possession at the time of termination of this Agreement that may be due to the City SECTION 3. REIMBURSEMENT The City shall reimburse the Subrecipient only for actual mcuued costs upon presentation of properly executed reimbursement forms approved by the City Only those allowable costs directly related to the Agency's application, approved by the City shall be paid consistent with Article II, Section 2 Documentation of Costs and Other Financial Reporting The amount of each request must he limited to the amount needed for payment of eligible costs In the event the City detei mines any funds were expended by the Subrecipient for unauthorized or ineligible purposes or the expenditures constitute disallowed costs in any other way, the City may order repayment of the same The Subrecipient shall remit the disallowed amount to the City within thirty (30) days of written notification of the disallowance (A) The Subrecipient agrees that funds determined by the City to be surplus upon completion of the Agreement will be subject to cancellation by the City (B) The Subrecipient agrees that upon expiration of this Agreement, the Subrecipient shall transfer to the City any Human Services Program funds on hand at the time of expiration and any accounts receivable attributable to the use of Human Services Program funds (C) The City shall be rehevcd of any obligation for payments if funds allocated to the City cease to be available for any cause other than misfeasance of the City itself (D) The City reserves the right to withhold payments pending timely delivery of program reports or documents as may be required under this Agreement SECTION 4. PROGRAM INCOME Use of any program income ieceived by the Recipient as a result of, or in connection with, IIuman Services Program funds shall be used for the current operation and benefit of the specific piogram/protect for which HSP funding was awarded ARTICLE III. FEDERAL CONDITIONS SECTION 1. BENEFIT TO LOW INCOME PEOPLE All Subrecipients providing direct benefit services shall provide such services to benefit extremely low, very low, and low income persons to the maximum extent feasible (but not less than 51%) Individual persons or families provided a specific direct benefit or sei vice must qualify under current income eligibility limits (% of AMI) as established by the Department of Housing and Urban Development Any deviation can be made only if it is clear that the service or benefit, to a person whose income exceeds very low and low income persons, is otherwise necessary as an integral part of the activity The Subrecipient shall maintain records that clearly document the income range and household size of the pei sons it serves Furthermore, the Agency shall maintain records documenting if the person being served is a female head of household, and/or is an ethnic/racial minority SECTION 1.1 COMPLIANCE WITH LAWS The Subrecipient, in performance of this Agreement, agrees to comply with all applicable Federal, State and Local Laws and ordinances, and the rules and regulations promulgated by the U S Department of Housing and Urban Development, including but not limited to Fcdcial Community Development Block Grant Regulations and other policies and guidelines established for the City of Fort Collins Human Services Program Subrecipient agrees to comply with all provisions of the Americans with Disabilities Act and all regulations interpreting or enforcing such act SECTION 12 COMPLIANCE WITH C R S § 24-76 5-101 (HB1023) Proof of Lawful Presence Subiecipient acknowledges that the Human Services Program funds area "public benefit" within the meaning of C.R S § 24-76 5-101 As such, the Subrecipient shall ensure compliance with C R S § 24- 76 5-101 by performing the verifications required by C R S § 24 76 5-103 Specifically, when required the Recipient shall ensure that a. If the public benefit provided by the funds flows directly to a natural person (i e , not a corporation, partnership, or other legally -created entity) 18 years of age or older, he/she must do the following- (1) complete the affidavit attached to this Agreement as Exhibit A (u) attach a photocopy of the fiont and back of one of the following fornis of identification a valid Colorado di iver's license of Colorado identification card, a United States military card or military dependent's identification card, a United States Coast Guard Merchant Mariner identification card, or a Native American tribal document b If an individual applying foi the benefits identified herein executes the affidavit stating that he/she is an alien lawfiilly present in the United States, Subiecipient shall verify his/hei lawful piesence through the federal systematic ahcn verification or entitlement program, known as the "SAVE Piogiam," opeiatcd by the U S Department of Homeland Security of a successor program designated by said department In the event Subiecipient deteimmes thiough such verification process that the individual is not an alien lawfully ptesent in the United States, the Recipient shall not provide benefits to such individual with Human Services Program funds City acknowledges that the Scope of Services provided by Subrecipient herein may fall within several exceptions to the verification requirements of C R S § 24-76 5-103 for non -profits For example, certain programs, services, or assistance such as, but not limited to, soup kitchens, crisis counseling and intervention, short-term shelter or prenatal care are not subject to the verification requirements of C R S 24-76 5-103 SECTION 1 3 COMPLIANCE WITH C R S§ 8-17 5-101 (H13 1343) Prohibition Against Employing Illegal Aliens Subrecipient represents and agrees that 1 As of the date of tlus Agreement A Subrecipient does not knowingly employ or contract with an illegal alien, and B Subrecipient has participated or attempted to participate in i he basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the `Basic Pilot Program") in order to verify that Subrecipient does not employ any illegal aliens 2 Subrecipient shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Subrecipient that the subcontractor shall not knowingly employ of contract with an illegal alien to perform work under this Agreement 3 Subrecipient shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) months thereafter, until Subrecipient is accepted or the public contract for services has been completed, whichever is earlier The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued 4 Subrecipient is prohibited from using Basic Pilot Program procedures to undertake ple- employment screening of job applicants while this Agreement is being performed 5 If Subrecipient obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contiacts with an illegal alien, Subrecipient shall A Notify such subcontractor and the City within three days that Subrecipient has actual knowledge that the subcontractor is employing or contracting with an illegal alien, and B Terminate the subcontract with the subcontractor if within tluee days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien, except that Subrecipient shall not terminate the contract with the subcontractoi if during such three days the subcontractot provides information to establish that the subcontractot has not knowingly employed or contracted with an illegal alien 6 Subrecipient shall comply with any reasonable request by the Colorado Department of Labor and Fmployment (the "Department") made in the course of an mvestigdtion that the Department 6 undertakes or is undertaking pursuant to the authority established in Subsection 8-17 5-102 (5), C.R S. 7 If Subrecipient violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17 5-102, C R S the City may terminate this Agreement If this Agreement is so terminated, Subrecipient shall be liable for actual and consequential damages to the City ansmg out of Contractor's violation of Subsection 8-17 5-102, C R S 8 The City will notify the Office of the Secretary of State if Subrecipient violates this provision of this Agreement and the City terminates the Agreement for such breach. SECTION 2. FEDERAL STANDARDS FOR EMPLOYMENT PRACTICES The Subrecipient shall comply with Executive Order 11246 as amended by Executive Order 12086 and the regulations issued pursuant thereto (41 CFR Chapter 60) will not discriminate against any employee of applicant for employment because of race, color, creed, i eligion, ancestry, national of igin, sex, disability of other handicap, age, marital status, or status with regard to public assistance The Subrecipient will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termmation, rates of pay or other forms of compensation and selection for training, including apprenticeship The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause The Subreciptent will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action Employer Where employees are engaged in activities not covered under the Occupational Safety and Health Act (OSHA) of 1970, they shall not be required or permitted to wotk, be trained of receive services in buildings or sutroundmgs or under working conditions which are unsanitary, hazat dons or dangerous to the participants' health or safety SECTION 3. DISCRIMINATION PROHIBITED (A) The Subrecipient shall not, on the grounds of race, color, sex, religion, national origin, creed, marital status, or age (1) Deny a qualified individual airy facilities, financial aid, services or othei benefits provided under this Agicement, (2) Provide any facilities, services, financial aid, of other benefits which ate different, or ate provided in a different manner, from those provided to others under this Agieement, (3) Subject an individual to segregated of separate tieatment in any facility in, of in any matter if process related to receipt of any seivice or benefit under ibis Agreement, (4) Restrict an individual in any way in access to, or in the enjoyment orany advantage of piivilege enjoyed by others in connection with any service of benefit under this Agreement, (5) Treat anyone differently from others in determining if they satisfy any admission, enrollment, eligibility, membership or other requirement or condition which the individual must meet to be provided a service or benefit under this Agreement, (6) Deny anyone an opportunity to participate in any program or activity as an employee which is different from that afforded others under this Agreement (B) The Subiecipient shall abide by all applicable provisions of Section 504 of the HEW Rehabilitation Act of 1973 as amended (implemented in 24 CFR part 8) prohibiting discrimination against handicapped individuals, and the Age Discrimination Act of 1975 (implemented in 24 C1,R part 146) prohibiting discrimination on the basis of age, either through purpose of intent (C) If assignment and/or subcontracting has been authorized in writing, said assignment or subcontract shall include appropriate safeguards against discrimination in client services binding upon each contractor, or subcontractor The Subiecipient shall take such action as may be required to ensure full compliance with the provisions of this section, including sanctions for noncompliance SECTION 4. CONFLICT OF INTEREST No member, officer, or employee of the Subrecipient, or its designees or agents, no member of the governing body of the City of Fort Collins, and no other public official, employee, or Board or Commission member of the City of Fort Collins, who exercises any function of iesponsibitities with respect to the program during his tenure or foi one year thereafter, shall have any interest, direct or indirect, in this Agreement or any Subagreement, hereto or the pi oceeds thereof Any potential conflict on the part of any of these parties shall be disclosed to representatives of the City's Human Services Program or the City's Attorney's Office SECTION 5. SEPARATION OF CHURCH AND STATE In addition to, and not in substitution foi, other pi ovisions of this Agi cement regarding the provision of services utilizing HSP funds the Subrecipient agrees that, in connection with such services (A) It will not disci immate against any employee of applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion, (B) It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preterence to persons on the basis ofieligion, (C) It will piovide no mandatory religious mstiuction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no othei ieltgious influence in the provision of such services, SECTION 6. LICENSING AND PROGRAM STANDARDS The Recipient agrees to comply with and to obtain at its own expense, if necessary, all applicable Federal, State, County or Municipal standards for licensing, certification and opetatron of facilities and programs, and accreditation and licensing of individuals, and any othei standards or ci iteria as described in the Agteement to assure quality of servtces In the event of an investigation or suspension iegardmg any licensing telated to the services for which the City is providing funding under this Agreement, the City may terminate this Agreement find withhold all further Agreement funds In addition, monies already received under the terms of this Agieement, maybe owed back to the City The City may also declare the Recipient ineligible foi any further participation in City Human Services Program, Community Development Block Grant (CDBG), HOME Investment Partnership, or Affordable Housing Fund Agreements SECTION 7. INDEMNITY The Recipient agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting from there, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Recipient, its subcontractors, agents, successor, assigns This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. SECTION 8. NOTICES Any notices required to be given by the City to the Recipient or by the Recipient to the City shall be in writing and delivered to the following parties at the following addresses City: City Planning and Community Development City of Fort Collins PO Box 580 (281 N College - 80524) Fort Collins CO 80522-0580 Recipient: Homelessness Prevention Initiative of United Way of Larimer County 424 Pine Street # 102 Ft Collins, CO 80524 SECTION 9. CITIZEN AND CLIENT PARTICIPATION The Recipient will have piocesses in place (satisfaction surveys, Board representation, grievance procedures, etc ) which receive, document and utilize the input from low-income persons potentially benefiting or affected by the program or project coves ed undei this Agreement SECTION 10 ASSIGNMENT AND SUBCONTRACTING The Recipient shall not assign of subcontract any portion of the seiviccs provided within the terms of this Agreement without obtaining prioi written appi oval ftoin the City All terns and conditions of this Agreement shall apply to any appi oved subcontractor assignment ielated to the Agi eement