HomeMy WebLinkAbout293879 VOLUNTEERS OF AMERICA - CONTRACT - CONTRACT - VOLUNTEERS OF AMERICA HOUSING (2)AMENDMENT OF THE AGREEMENT FOR
THE HOME INVESTMENT PARTNERSHIP PROGRAM
THIS AGREEMENT is made and entered into by and between THE
CITY OF FORT COLLINS, COLORADO, a Colorado municipal corporation
(hereinafter referred to as the "City"), and FORT COLLINS VOLUNTEERS OF
AMERICA ELDERLY HOUSING, INC. (hereinafter referred to as "VOA" or the
"Grantee"),
WITNESSETH:
WHEREAS, the parties hereto previously entered into an agreement for
the HOME Investment Partnership Program and Affordable Housing Fund dated
March 13, 2003 (the "Agreement") which provided for the rendition of certain
services by the Grantee and a distribution by the City to the Grantee of certain
HOME funds ($321,000) made available to the City by the Department of
Housing and Urban Development under Title II of the Cranston -Gonzales
National Affordable Housing Act, and distribution of certain City of Fort Collins
Affordable Housing Funds ($219,000); and
WHEREAS, the parties hereto are desirous of modifying the Agreement
with respect to the an extension of time for the expenditure of funds towards
payment of the City's development impact fees; and
WHEREAS, the Community Development Block Grant Commission of the
City of Fort Collins approved the below -referenced Amendment by unanimous
vote at its Regular Meeting on March 13, 2003.
NOW, THEREFORE, in consideration of the mutual promises of the parties
and other good and valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the parties agree as follows:
1. In reference to Exhibit A-1, Scope of Services, Item 1., Project Description
and Objectives, and Item 17., Time of Performance, the time extension
allowed for the expenditure of reimbursable funds in payment of the City's
development impact fees shall be until December 31, 2003.
2. All terms and conditions remain in effect except as modified by this
amendment.
results of either audit must be submitted to CITY within thirty (30)
days of completion. Acceptance of the GRANTEE's audit reports by
CITY does not prohibit CITY from performing any additional audit
work required to follow-up on findings, as deemed necessary by CITY
or as necessary for CITY to comply with any administrative or audit
requirements imposed by the Federal or State government.
d. As a condition of receiving federal financial assistance under this
Agreement, the GRANTEE agrees to comply with 24 CFR 85.42,
"Retention and Access Requirements for Records." The GRANTEE
agrees that any agreement between GRANTEE and its independent
auditor shall: (i) provide for access during normal business hours to
the independent auditor's work papers by Federal, State and CITY
auditors or their authorized agents as may be deemed necessary to
carry out their audit responsibilities; and (ii) require the GRANTEE's
independent auditor to retain for review purposes its audit work
papers for the longer of three (3) years from the date of audit
completion or until all related audit issues are resolved.
e. The GRANTEE shall maintain a financial management system which
complies with 24 CFR 85.20, "Standards for Financial Management
Systems," except compliance with paragraph (1) thereof shall not be
required. Particular reports and records that may be applicable to
this Activity and require compliance by the GRANTEE are described
in and attached hereto as Exhibit "C", and are incorporated herein by
this reference.
f. The GRANTEE agrees to comply with the methods and procedures
outlined in 24 CFR 85.21, "Payment."
g. The GRANTEE shall comply with the requirements and standards of
24 CFR 85.22, "Allowable Costs."
h. The GRANTEE shall comply with the standards and requirements of
24 CFR 85.35, "Subawards to Debarred and Suspended Parties," and
24 CFR 85.40, "Monitoring and Reporting Program Performance,"
except paragraphs (b) through (d) and paragraph (i) thereof. The
GRANTEE further agrees that CITY has the right to monitor and
supervise the administration and/or implementation of the Project to
be completed pursuant to this Agreement to insure compliance with
the requirements of the Act, the federal regulations pursuant to the
ACT or guidelines developed by federal government and for
8
administering and/or implementing the Project, or any other statute,
rule, regulation or guideline to the administration and/or
implementation of the HOME Program.
i. The GRANTEE shall comply with the standards and requirements of
24 CFR 85.43, "Enforcement."
j. The GRANTEE shall be accountable to CITY for any and all HOME
Program funds and Affordable Housing Fund monies expended by the
GRANTEE or any officer, employee, agent or representative thereof,
whether or not such officer, employee, agent or representative was
acting within the scope of his employment. The GRANTEE shall repay
CITY the full amount of any improperly expended HOME Program
funds and/or Affordable Housing Fund monies upon demand and
shall comply with requirements of 24 CFR 85.51, "Later
Disallowances and Adjustment."
k. The GRANTEE agrees to comply with the standards and requirements
of 24 CFR 85.52, "Collection of Amounts Due.'
11. Political Activity.
The GRANTEE agrees that no HOME Program funds shall be expended to
finance any political activity in contravention of the Hatch Act found at
Chapter 15 of Title 5 of the United States Code.
12. Prohibited Use of Federal Funds for I.obbyina.
a. The GRANTEE certifies, to the best of its knowledge and belief, that
no Federally appropriated funds have been paid or will be paid, by or
on behalf of the GRANTEE, to any person for influencing or
attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative
agreement.
b. If any funds other than Federally appropriated funds have been paid
or will be paid to any person for influencing or attempting to
E
influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the GRANTEE shall complete and
submit, in accordance with its instructions, Standard Form-LLL,
"Disclosure Form to Report Lobbying," attached hereto as Exhibit "D"
and incorporated herein by this reference.
C. The GRANTEE shall require that the language of the certification set
forth in this Paragraph 12 be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that
all subrecipients shall certify and disclose accordingly.
13. Use of HOME Program Funds for Religious Purposes.
The GRANTEE agrees that no HOME Program funds shall be expended for
the design, construction, operation, or maintenance of any facility to be
used for sectarian instruction or as a place for religious worship except in
those cases where such use is incidental and does not favor one religious
group over another. The GRANTEE agrees to comply with the provisions and
restrictions contained in 24 CFR 92.257.
14. Prohibited Interest of Officials and Employees.
No member of or a delegate to the Congress of the United States, and no
resident commissioner, shall be admitted to any share or part of this
Agreement or to any benefit to arise from the same. No member, officer or
employee of the GRANTEE, or its designees or agents, no member of the City
Council of CITY or any other public official who exercises any functions or
responsibilities with respect to the HOME Program or Affordable Housing
Fund monies during his tenure, or for one (1) year thereafter, shall have any
interest, direct or indirect, in any contract or subcontract, or the proceeds
thereof, for work to be performed pursuant to this Agreement. The
GRANTEE shall incorporate or cause to be incorporated, in all contracts or
subcontracts related in any manner to this Agreement, a provision
prohibiting such interest.
IS. Equal Employment Opportunity.
In constructing the Project, to the extent not prohibited by law and except
as otherwise provided in this Agreement:
10
a. The GRANTEE shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex,
national origin, age or handicap. Such action shall include, but not
be limited to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; the
selection for training, including apprenticeship. The GRANTEE shall
post in conspicuous places, available to employees and applicants for
employment, notices to be provided to CITY and/or HUD setting forth
the provisions of this nondiscrimination clause. The GRANTEE shall
state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, national
origin, age, or handicap.
b. The GRANTEE will incorporate or cause to be incorporated into any
contract for construction work or modification thereof, as defined in
the regulations of the Secretary of Labor and 41 CFR Subpart 60-1.3,
which is paid for in whole or in part with funds obtained from the
Federal government or borrowed on the credit of the Federal
government pursuant to a grant, contract, loan, insurance, or
guarantee, the equal opportunity clause set out in Exhibit "E",
attached hereto and incorporated herein by this reference.
C. The GRANTEE will be bound by the equal opportunity clause set out
in the attached Exhibit "E" with respect to its own employment
practices when it participates in federally assisted construction work;
provided, that the above equal opportunity clause is not applicable to
any affiliate of the GRANTEE or any subsidiary or affiliate of CARE
Housing, Inc. which does not participate in such work.
d. The GRANTEE will: (i) assist and cooperate actively with CITY, HUD,
and the Secretary of Labor in obtaining the compliance of contractors
and subcontractors with the equal opportunity clause and the rules,
regulations, and relevant orders of the Secretary of Labor; (ii) furnish
CITY, HUD and the Secretary of Labor such information as they may
require for the supervision of such compliance; and (iii) otherwise
assist CITY and HUD in the discharge of their primary responsibilities
for securing compliance.
e. The GRANTEE will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24,
11
1965, with a contractor debarred from, or who has not demonstrated
eligibility for, government contracts and federally assisted
construction contracts pursuant to the Executive Order and will carry
out such sanctions and penalties for violation of the equal
opportunity clause as may be imposed upon contractors and
subcontractors by HUD or the Secretary of Labor pursuant to Part II,
Subpart D of the Executive Order.
f. If the GRANTEE fails or refuses to comply with the provisions of this
Paragraph 15, the CITY and HUD may take any or all of the following
actions, provided the GRANTEE is given written notice and the
opportunity to cure as provided in Paragraph 29 hereof ("Default -
Opportunity to Cure - Termination"): (i) cancel, terminate, or suspend
in whole or in part this Agreement; refrain from extending any further
assistance to the GRANTEE under the Loan until satisfactory
assurance of future compliance has been received from such; and (ii)
refer the case to the Department of Justice for appropriate legal
proceedings.
16. Nondiscrimination Requirements.
a. In the provision of service under this Agreement, and except as
prohibited by law or otherwise required by law, the GRANTEE will
provide that no person shall on the grounds of race, color, national
origin, religion, or sex be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program
or activity funded in whole or in part with HOME Program funds. In
addition, HOME Program funds must be made available in
accordance with the following:
(1) The requirements of the Fair Housing Act and
implementing regulations at 24 CFR 100;
(2) Executive Order 11063 (Equal Opportunity in Housing);
(3) Title VI of the Civil Rights Act of 1964 (PL 88-352) and
Title VIII of the Civil Rights Act of 1968 (PL 90-284).
(Nondiscrimination and fair housing on federally assisted
programs.)
b. In addition to the foregoing provisions of this Paragraph 16, the
GRANTEE will comply with the nondiscrimination clause listed in
12
Exhibit "F", attached hereto and incorporated herein by this
reference.
17. Rehabilitation Act of 1974.
This Agreement is subject to the provisions of Section 503 and Section 504
of the Rehabilitation Act of 1973 (PL 930112), 29 USC 706, and attendant
regulations at 24 CFR, Part 8, which provide that no otherwise qualified,
handicapped individual shall, solely by reasons of his handicap, be
excluded from participation in, be denied the benefits of or be subjected to
discrimination under any program or activity receiving federal financial
assistance. The GRANTEE shall cause or require to be inserted in full, in
all contracts subject to such regulations, the clause, or any modification
thereof, set out in Exhibit "G", attached hereto and herein incorporated by
this reference.
18. Americans with Disabilities Act of 1990.
HOME Program contractors and subcontractors agree to abide by the
requirements of the Americans with Disabilities Act of 1990, Public Law
101-336, and any regulations issued pursuant thereto, which prohibits, at
Title I thereof, discrimination by any employer, employment agency, or labor
organization against any qualified individual with a disability in regard to
any term, condition or privilege of employment; makes applicable, at Title
II thereof, the prohibition against discrimination on the basis of disability
to all programs, activities and services provided or made available by state
and local agencies or instrumentalities or agencies thereof, or by public
entities that provide public transportation; prohibits, at Title III thereof,
discrimination against disabled persons by privately operated public
accommodations and in public transpiration services provided entities; and
which, at Titles IV and V thereof, makes further provision against
discrimination against disabled persons.
19. Nondiscrimination of the Basis of Age.
This Agreement is subject to the Age Discrimination Act of 1975, as
amended, (Title III of Public Law 94-135) and attendant Code of Federal
Regulations at 48 CFR, Part 22, Subpart 22.9 which provides that, except
as otherwise provided, no person in the United States shall, on the basis of
age, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving federal
financial assistance.
13
20. Affirmative Action of Special Disabled & the Vietnam Era Veterans
Provisions.
The GRANTEE shall comply with 48 CFR, Chapter 1, Subpart 22.13 and
shall take affirmative action to employ, advance in employment and
otherwise treat qualified disabled veterans and veterans of the Vietnam Era
without discrimination based on their disability or veterans status in all
employment practices such as the following: employment, upgrading,
demotion or transfer, recruitment, advertising, layoff or termination, rates
of pay or other forms of compensation, and selection for training, including
apprenticeship. In all contracts or agreements of $10,000 or more relating
to this Agreement, the GRANTEE shall include or cause to be included the
Affirmative Action for Special Disabled and the Vietnam Veterans
Provisions" clause set out in Exhibit "H", attached hereto and incorporated
herein by this reference.
21. Relocation and Acquisition.
The GRANTEE shall:
a. In acquiring real property in connection with the HOME Program,
comply to the greatest extent practicable under State law with the
real property acquisition policies set out under Section 301 and 302
of Title III of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, P.L.-642, and shall comply with and
pay or reimburse property owners for necessary expenses as specified
in Sections 303 and 304 of the aforementioned Title III, and
implementing regulations at 49 CFR Part 24;
b. Inform affected person of their rights and of the acquisition policies
and procedures set forth in the regulations at 49 CFR Part 24 and 40
CFR 92.353;
C. Comply with the relocation assistance policies set out in Title II of the
Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, and implementing regulations;
d. Provide relocation payments and offer relocation assistance as
described in Section 205 of the Uniform Relocation Assistance Act to
all person displaced as a result of acquisition of real property for an
activity assisted under the Act. Such payments and assistance shall
14
be provided in a fair, consistent and equitable manner that insures
that the relocation process does not result in different or separate
treatment of such person on account of race, color, religion, national
original, sex, or source of income;
e. Assure that, within a reasonable period of time prior to displacement,
comparable decent, safe and sanitary replacement dwellings will be
available to all displaced families and individuals and that the range
of choices available to such persons will not vary on account of their
race, color, religion, national origin, sex, or source of income;
f. Inform affected persons of the relocation assistance, policies and
procedures set forth in the regulations describe in Paragraph 2 Lb
hereof; and
g. Provide fair and reasonable relocation payments and assistance in
accordance with Sections 202, 203 and 204 of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and
applicable regulations, to or for families, individuals, partnerships,
corporations, nonprofit organizations or farms displaced as a result
of any acquisition of real property for the Project contemplated by this
Agreement.
22. Environmental Considerations.
In order to assure that the policies of the National Environmental Policy Act
of 1969 (NEPA), as amended, are most effectively implemented, the
GRANTEE shall comply with HUD Environmental Review Procedures (24
CFR Part 58) leading to certification of release of funds for particular
projects.
23. Lead -Based Paint Hazards.
a. The GRANTEE agrees to abide by the requirements of the Lead -Based
Paint Poisoning Prevention Act, P.L. 91-695, as amended, and the
regulations issued pursuant hereto, which prohibit the use of lead -
based paint on applicable surfaces of any residential structures
constructed or rehabilitated under any federal or federally assisted
program.
b. Such regulations shall require the GRANTEE to include or cause
inclusion of appropriate provisions in contracts and subcontracts
15
pursuant to which federally assisted construction or rehabilitation is
performed, prohibiting such use of lead -based paint. The GRANTEE
shall be responsible for inspection and certifications requested for
enforcement of such prohibition.
24. Flood Disaster Recovery.
a. The GRANTEE agrees to abide by the requirements of the Flood
Disaster Protection Act of 1973 (P.L. 93-234). No portion of the
assistance provided under HOME Program funded agreements is
approved for acquisition or construction purposes, as defined under
Section 3(a) of said Act, for use in an area identified by the Secretary
of the Department of Housing and Urban Development as having
special flood hazards, which is located in a community not then in
compliance with the requirements for participation in the national
flood insurance program pursuant to requirements for participation
in the national flood insurance program pursuant to Section 201(d)
of said Act, and the use of any assistance provided under Grant
funded agreements for such acquisition or construction in such
identified areas in communities then participating in the national
flood insurance program shall be subject to the mandatory purchase
of flood insurance requirements of Section 102(a) of said Act.
b. Any contract or agreement for sale, lease, or other transfer of land
acquired, cleared or improved with assistance provided under HOME
Program funded agreements shall contain, if such land is located in
an area identified by the Secretary as having special flood hazards
and in which the sale of flood insurance has been made available
under the National Flood Insurance Act of 1968, as amended,
provisions obligating the transferee and its successors or assigns to
obtain and maintain, during ownership of such land, such flood
insurance as required with respect to financial assistance for
acquisition or construction purposes under Section 102(a) of the
Flood Disaster Protection Act of 1973. Such provisions shall be
required notwithstanding the fact that the construction on such land
is not itself funded with Grant assistance.
C. In its compliance with the Flood Disaster Protection requirements, the
GRANTEE hereby agrees to comply with the provisions of Executive
Order 11296, relating to evaluation of flood hazards, and with
Executive Order 11288, relating to the prevention, control, and
abatement of water pollution.
16
25. Federal Labor Standards Provisions.
a. The GRANTEE and all contractors engaged under contracts in excess
of $2,000 for the construction, alteration, and/or repair of any
building or work financed in whole or in part with Federal funds,
shall comply with HUD requirements pertaining to such contracts
and the applicable requirements of the regulations of the Department
of Labor under 29 CFR Part 3.5, and 5a, governing the payment of
wages and the ration of apprentices and trainees to journeymen.
Provided, that if wage rates higher than those required under such
regulations are imposed by state or local law, nothing hereunder is
intended to relieve the GRANTEE or contractors of their obligation, if
any, to requirement payment of higher rates. The GRANTEE shall
cause or required to be inserted in full, in all such contracts subject
to such regulations, the clause, or any modification thereof, set out
in Exhibit °I", attached hereto and herein incorporated by this
reference.
C. No awards of contracts covered under this section of the Agreement
shall be made to any contractor who is ineligible under the provisions
of any applicable regulations of the Department of Labor to receive an
award of such contract.
25. Indemnification and Insurance.
a. Liability Insurance. Prior to commencing construction of the Project,
the GRANTEE shall furnish or cause to be furnished to the CITY
evidence, reasonably satisfactory to the CITY of commercial general
liability insurance coverage for the Project and the GRANTEE's
activities thereon, including products, completed operations,
contractual, bodily injury, personal injury, and property damage in
the amount of at least One Million Dollars ($1,000,000.00) combined
single limits, and naming the CITY as an additional insured with
respect to the Project except as caused by the acts or omissions of the
CITY. In addition, all such insurance:
(1) shall be primary insurance for the Project and not
contributory with any other insurance with the CITY may
have other than for their own acts and omissions;
17
IN WITNESS WHEREOF, the parties have executed this Agreement
Amendment as of the date of the most recent signatory.
J Nh3
Date
ATTEST:
CITY:
CITY OF FORT COLLINS, COLORADO
A Colorado Municipal Corporation
By. 11,
Johif F. Fischbach, City Manager
Approved as to Form:
Deputy City Attorney
GRANTEE: FORT COLLINS VOLUNTEERS OF
AMERICA ELDERLY HOUSING, INC.
Date rep.-i A4 wi�
ATTES
�Y �W
Secretary, Bdard of Directors
(2) shall be "per occurrence" rather than "claims made"
insurance;
(3) shall provide that the policy will not be canceled or
limited in scope by the insurer unless there is a
minimum of thirty (30) days prior written notice by
certified mail, return receipt requested to the CITY; and
(4) shall be written by a Colorado licensed insurer with a
Best rating of not less than B+, Class X.
b. Workers' Compensation Insurance. The GRANTEE shall also furnish
or cause to be furnished prior to commencement of construction work
on the Project to the CITY evidence reasonably satisfactory to the
CITY that the GRANTEE and any contractor with whom the GRANTEE
has contracted for the performance of work on and around the Project
have current Workers' Compensation insurance as required by the
State of Colorado as well as Employer's Liability Coverage of not less
than One Million Dollars ($1,000,000.00) per accident. Such
insurance shall be endorsed to include a waiver of subrogation rights
against the CITY.
C. Hazard Insurance. Prior to commencement of any construction work
on the Project, the GRANTEE shall furnish to the CITY evidence
reasonably satisfactory to the CITY property damage insurance which
shall be maintained in force throughout the course of development of
the Project. Such coverage shall include limits sufficient to cover
100% of the replacement cost of improvements and betterments and
shall include the CITY as a loss payee under a mortgagee
endorsement subject to the rights of any Mortgagees prior in right to
the CITY. Furthermore, such coverage shall provide that the policy
cannot be canceled without a minimum of thirty (30) days prior
written notice by certified mail, return receipt requested to the CITY.
Such policy shall be written by a Colorado licensed insurer with a
Best rating of not less than B+, Class X.
(1) The foregoing obligations shall remain in effect until the
Period of Affordability is ended.
(2) The GRANTEE shall have the right at all times to obtain
insurance, as a Project Cost or Operating Expense,
which is more extensive than set forth above, including
18
obtaining earthquake insurance for the Project in the
sole discretion of the GRANTEE.
d. Additional Remedies. In addition to any other remedies CITY may
have if the GRANTEE fails to provide or maintain any insurance
policies or policy endorsements to the extent and within the time
herein required, CITY may, at its sole option:
(1) Obtain such insurance and deduct and retain the
amount of the premiums for such insurance from the
Grant.
(2) Withhold any disbursement of the Grant until the
GRANTEE demonstrates compliance with the
requirements hereof.
(3) In the event the GRANTEE has failed to commence
during such default within ten (10) days of notice from
the CITY or thereafter fails to diligently pursue such
cure, declare the GRANTEE to be in default, terminate
this Agreement and declare the Grant due and
refundable.
Exercise of any of the above remedies, however, is an alternative to
other remedies City may have and is not the exclusive remedy for the
GRANTEE's failure to maintain insurance or secure appropriate
endorsements. Nothing herein contained shall be construed as
limiting in any way the extent to which the GRANTEE may be held
responsible for payments of damages to persons or property resulting
from the GRANTEE's performance of the work covered under this
Agreement.
e. Indemnification for Construction Activities. The GRANTEE agrees to
and shall indemnify, defend and hold harmless the CITY from and
against all liability, loss, damage, costs, and expenses (including
reasonable attorney's fees and litigation and defense costs) arising
from or as a result of the death or injury of any person or any
accident, injury, loss, or damage (whether or not covered by
insurance) caused to any person or to the property of any person
which is caused or alleged to have been caused by the (i) actions or
operations of or any errors or omissions of the GRANTEE or any of its
agents, servants, employees, or contractors in developing the Project,
19
whether or not such liability, loss, damage, costs, or expenses are
covered by insurance or (ii) approval and implementation of this
Agreement, provided however that such indemnification shall not
extend to the negligence or malfeasance of the CITY or its
representatives.
27. Assignment and Transfer.
a. The GRANTEE shall have the right to sell, transfer, convey and assign
the Project and its rights and obligations under this Agreement at any
time subject to the prior written consent of the CITY, which consent
shall not be unreasonably withheld, and which consent shall be given
so long as the purchaser of the Project has a net worth at least equal
to the net worth of the GRANTEE at the time of the proposed sale and
any of the following conditions are satisfied: (i) the purchaser has
comparable experience owning or operating multi -family housing
projects similar to the Project, (ii) the principals of the purchaser have
such experience, or (iii) the purchaser employs a property manager
which has such experience to manage the Project.
b. Notwithstanding any other provision of this Agreement to the
contrary, CITY approval of an assignment of this Agreement or
conveyance of the Property or any part thereof, shall not be required
in connection with any of the following:
(1) The conveyance or dedication of any portion of the
Property to the CITY or other appropriate governmental
agencies, or the granting of easements or permits to
public utilities to facilitate the construction of the Project
on the Property, or
(2) Subject to the restrictions set forth in the deed
restrictions (Exhibit "B"), the rental of units in the
Project, including the rental of the restricted units to
qualified lower income and very low income households,
as provided in the deed restrictions, or
(3) The replacement of personal property or fixtures.
d. All of the terms, covenants and conditions of this Agreement shall be
binding upon the GRANTEE and the permitted successors and
assigns of the GRANTEE. Whenever the term "GRANTEE" is used in
20
this Agreement, such term shall include any other permitted
successors and assigns as herein provided.
28. Forced Delav - Extension of Time.
In addition to specific provisions of this Agreement, performance by the
GRANTEE hereunder shall not be deemed to be in default and the
GRANTEE shall be entitled to an extension of time to perform its obligations
hereunder where delays in performance are due to causes beyond the
control and without the fault of the GRANTEE, including as applicable: war;
insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties;
supernatural causes; acts of the public enemy; epidemics; quarantine
restrictions; freight embargoes; lack of transportation; governmental
restrictions or priority; litigation; unusually severe weather; inability to
secure necessary labor, materials or tools; delays of any contractor,
subcontractor or supplies; acts or omissions of the other party or any third
party; acts or the failure to act of the CITY or any other public or
governmental agency or entity (except that any act or failure to act by the
CITY shall not excuse performance by the CITY).
29. Default - Onoortunity to Cure - Termination.
a. Subject to the extensions of time set forth in Paragraph 28 hereof
(Forced Delay - Extension of Time"), failure or delay by the GRANTEE
to perform any term or provision of this Agreement constitutes a
default under this Agreement; provided, however, the GRANTEE shall
not be deemed to be in default if (i) the GRANTEE cures, correct or
remedies such default within sixty (60) days after receipt of a notice
of default, from the party specifying the default, where the default
can be cured by the payment of money to the CITY or some other
person, or (ii) the GRANTEE cures, corrects, or remedies such default
within one hundred twenty (120) days after receipt of a notice from
the party specifying such failure or delay, where the default must be
cured by something other than the payment of money and can be
cured within that time, or (iii) for defaults where something other
than the payment of money is required to cure the default and the
default cannot reasonably be cured, corrected, or remedied within
such one hundred twenty (120) day period, if the GRANTEE
commences to cure, correct, or remedy such failure or delay within
such one hundred twenty (120) day period after receipt of a notice
from the party giving notice of said default specifying such failure or
21
delay, and diligently prosecutes such cure, correction or remedy to
completion.
b. CITY shall give written notice of default to the GRANTEE, specifying
the default complained of by the CITY. Copies of any notice of default
given to the GRANTEE shall also be given to each beneficiary of a
deed of trust encumbering all or any portion of the real property upon
which the Project is located. Except as required to protect against
further damages, the CITY may not institute proceedings against the
GRANTEE in default until the time for cure, correction, or remedy of
a default has expired. Upon the expiration of time to cure the default
of the GRANTEE, the CITY shall give written notice to the GRANTEE
and each Mortgagee of the GRANTEE's failure to cure the default or
breach ("Second Default Notice"). Except as otherwise expressly
provided in this Agreement, any failure or delay by CITY in giving a
notice of default or in asserting any of its rights and remedies as to
any default shall not constitute a waiver of any future default.
C. The CITY may suspend or terminate this Agreement, in whole or in
part, if GRANTEE materially fails to comply with any term of this
Agreement, or with any of the rules, regulations or provisions referred
to herein; and the CITY may declare the GRANTEE ineligible for any
further participation in CITY HOME Agreements, in addition to other
remedies as provided by law. In the event there is probable cause to
believe the GRANTEE is in non-compliance with any applicable rules
or regulations, the CITY may withhold up to fifteen percent of the
funds provided under this agreement until such time as the
GRANTEE is found to be in compliance by the CITY or as otherwise
adjudicated to be in compliance.
d. In the event of any such termination, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs,
reports or other materials prepared by GRANTEE under this
Agreement shall, at the option of the CITY, become the property of the
CITY, and the GRANTEE shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such
documents or materials prior to the termination.
e. This Agreement, and the CITY's obligations under it, will
automatically terminate in the event of suspension or non -receipt of
HOME funds or Affordable Housing Fund monies by the CITY.
22
30. Concurrent Remedy.
No right or remedy herein conferred on or reserved to CITY is exclusive of
any other right or remedy herein or by law or equity provided or permitted;
but each shall be cumulative of every other right or remedy given hereunder
or now or hereafter existing by law or in equity or by statute or otherwise,
and may be enforced concurrently therewith or from time to time.
31. Waiver.
No covenant or condition of this Agreement can be waived except by the
written consent of the party to be charged, signed by the appropriate
authorities of that party. Forbearance or indulgence by one party in any
regard whatsoever shall not constitute a waiver of the covenant or condition
to be performed by the other party. A waiver of one covenant or condition
by one party does not grant or imply a waiver of any other covenant or
condition to be performed by the other party. Each party shall be entitled
to invoke any remedy available to it under this Agreement or by law or in
equity despite said forbearance or indulgence.
32. Entire Agreement and Amendments.
This Agreement integrates all of the terms and conditions mentioned herein,
or incidental hereto, and supersedes all negotiations and previous
agreements between the parties with respect to all or any part of the subject
matter hereof. All references herein to this Agreement shall mean and
include the Exhibits hereto unless the context otherwise requires. All
amendments and modifications hereto must be in writing and signed by the
appropriate authorities of the CITY and the GRANTEE.
33. 8everability.
If any term, provision, covenant, or condition of this Agreement is held by
a court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder of this Agreement shall not be affected thereby to the extent such
remaining provisions are not rendered impractical to perform taking into
consideration the purposes of this Agreement. In the event that all or any
portion of this Agreement is found to be unenforceable, this Agreement or
that portion which is found to be unenforceable shall be deemed to be a
statement of intention by the parties; and the parties further agree that in
such event, and to the maximum extent permitted by law, they shall take
23
all steps necessary to comply with such procedures or requirements as may
be necessary in order to make valid this Agreement or that portion which
is found to be unenforceable.
34. Independent Contractor.
In the performance of the activities herein provided for, the GRANTEE shall
be, and is, an independent contractor and is not an agent or employee of
the CITY. The GRANTEE has and shall retain the right to exercise full
control and supervision of the activities to be performed under this
Agreement and full control over the employment, direction, compensation,
and discharge of all persons assisting the GRANTEE in the performance of
said activities. The GRANTEE shall be solely responsible for all matters
relating to the payment of its employees, including compliance with social
security withholding, state and federal taxes, and all other regulations
governing such matters.
35. Venue.
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 in any manner,
CITY and the GRANTEE agree that the proper venue for any such action is
the Larimer County, Colorado, District Court.
36. Authority of Signatories to Bind Principals.
The persons executing this Agreement on behalf of their respective
principals represent that they have been authorized to do so and that they
thereby bind the principals to the terms and conditions of this Agreement.
37. Limitation of Term and Agreement.
This Agreement shall be in effect through the Period of Affordability except
that the GRANTEE shall retain records as is required in Paragraph 10 of
this Agreement entitled "Records and Administration".
38. Notices and Demands Between the Parties.
a. All notices and demands between the CITY and the GRANTEE shall
be in writing and shall be given either by (i) personal service, (ii)
delivery by reputable document delivery service such as Federal
24
Express that provides a receipt showing date and time of delivery, or
(iii) mailing in the United States mail, certified mail, postage prepaid,
return receipt requested, addressed to:
To CITY: ATTN: CDBG/HOME Program Administrator
Advance Planning Department
City of Fort Collins
P.O. Box 580
Fort Collins, Colorado 80522-0580
ATTN: CDBG/HOME Program Administrator
Advance Planning Department
City of Fort Collins
281 North College Avenue
Fort Collins, CO 80524
With a copy to: ATTN: Deputy City Attorney
City of Fort Collins
P.O. Box 580
Fort Collins, Colorado 80522
TO GRANTEE: Robin Keller, VP of Development
Volunteers of America National Services
1660 Duke Street
Alexandria, VA 22314
With a copy to: Atty. Robin Harbin
Weldon & Harbin
2040 Highland Ave.
Birmingham, AL 35202
b. Notices personally delivered or delivered by document delivery service
shall be deemed effective upon receipt. Notices mailed shall be
deemed effective on the fifth business day following deposit in the
United States mail. Such written notices and demands shall be sent
in the same manner to such other addresses as either party may from
time to time designate by mail.
25
39. Counterparts.
This Agreement may be executed in
deemed to be an original, and such
the same Agreement.
26
counterparts, each of which shall be
counterparts shall constitute one and
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by their respective officers and agents thereunto duly authorized as of
the date of the most recent signatory.
CITY: CITY OF FORT COLLINS, COLORADO
A Colorado Municipal Corporation
M
Date John F. Fis bach, City Manager
AEST: Approv I;to form:
City -Clerk Deputy City Attorney
DEVELOPER:
Date 11
A T:
a6
Secretary, Board of Directors
Fort Collins Volunteers of America,
Elderly Housing, Inc.
By: I
Presid nt
By: — Lpa.%Akn f�
Memb r� , Eloard f Directors
Fed. I.D. #: S4-1636163
27
SEAL: (if appropriate)
AGREEMENT
HOME Investment Partnership Program
THIS AGREEMENT made and entered into by and between the CITY OF
FORT COLLINS, a Colorado municipal corporation (hereinafter "CITY") and FORT
COLLINS VOLUNTEERS OF AMERICA (VOA) ELDERLY HOUSING, INC. (the
GRANTEE").
WITNESSETH
WHEREAS:
A. The Congress of the United States has engaged the HOME Investment
Partnership Act (referred to hereafter as "HOME Program") as Title II of the
Cranston -Gonzales National Affordable Housing Act (referred to hereinafter as
"ACT"), and amendments thereto;
B. CITY has submitted the required documents to the Department of
Housing and Urban Development (hereinafter "HUD") for receipt of funds pursuant
to the HOME Program;
C. CITY is empowered under the HOME Program to administer funds
pursuant to the HOME Program and to enter into project agreements with
development organizations including for profit corporations;
D. GRANTEE has requested a grant of HOME funds and the City's
Affordable Housing Fund monies for costs related to the proposed VOA Elderly
Housing project; and
E. CITY desires to assist GRANTEE by granting HOME Program funds
and the City's Affordable Housing Fund monies for activities of the project.
NOW, THEREFORE, IT IS MUTUALLY AGREED between CITY and GRANTEE
as follows:
I. Definitions.
a. Except to the extent modified or supplemented by the HOME Program
Agreement between CITY and HUD, any term defined in the ACT or
A. Activity
LIST OF EXHIBITS
A-1 Tasks to be Performed
A-2 Schedule for Completion
A-3 Budget
B. Form of Deed Restriction
C. Reports and records required per 24 CFR 85.20, "Standards for Financial
Management Systems"
D. Standard Form-LLL, "Disclosure Form to Report Lobbying"
E. Equal Opportunity Clause
F. Non-discrimination Clause
G. Non-discrimination Clause per Rehabilitation Act of 1973
H. "Affirmative Action for Special Disabled and the Vietnam Veterans
Provisions" Clause
I. Federal Labor Standards Provisions Clause
28
EXHIBIT A-1
Scope of Services
Project Description and Objectives: Fort Collins Volunteers of America Elderly Housing,
Inc. will develop 59 multi -family affordable housing units for elderly persons at 1401 W.
Horsetooth Rd. in southwest Fort Collins. All fifty-nine (59) units will be designated for
households earning at or less than 50% of the Area Median Income (AMI) for the City of
Fort Collins. City of Fort Collins HOME funds and Affordable Housing Fund monies will be
used for payment of development impact fees for these units on the following described real
estate in the City of Fort Collins, County of Larimer, State of Colorado, as follows: NW % of
NE Y4 34-7-69; LESS RD, LESS 627-250, 1929-582 (Assessor's Parcel Number 97341-00-
004). The project will be started within 12 months and completed within 24 months of the
contract execution date, subject to the extension of time provided for in Paragraph 28 of this
Contract. See also Item 17. of this Exhibit.
2. Special Provisions: None.
3. Community Housing Development Organization (CHDO) if applicable: N/A.
4. Affirmative Marketing Plan: Projects with five (5) or more units must have an Affirmative
Marketing Plan submitted to and approved by the City of Fort Collins prior to the release of
funds.
5. Low and Moderate Income Benefit -Rental: The Grantee shall insure that 100% of the
total HOME assisted units will be occupied by persons whose household income is less
than or equal to 50% of Area Median Income (AMI). These units will be "floating" units.
# of HOME units
Income of Beneficiaries
HOME Assisted Units
3 (Assumes $321,000 of
<50% of Median Income
Three (3) [floating]
HOME funding for
$7,166, 775 project with 59
total units.)
Income limits are attached to this document as Exhibit A-1.1
5.1. Affordability - Rental: To insure the housing is affordable to low and
moderate income persons, 80% of the HOME assisted rental units must have
rents that are the lessor of the Section 8 Fair Market Rents periodically
established by HUD for the Section 8 rental assistance program for existing
housing, or rents which are 30% of adjusted income for households at 65% of
area median income minus tenant paid utilities. The minimum rent allowed
must be no less than 30% of the annual income for households at 50% of
area median income minus tenant paid utilities. Regardless of changes in
fair market rents and in median incomes over time, the qualifying rents are
not required to be lower than the fair market rents for the project in effect at
the time of contract execution.
Larimer County (most recent figures)
1-bedroom
2-bedroom
Fair Market Rent (October 2001)
$ 588
$727
65% of Median Rent Limit (May 2001)
$ 720
$866
50% of Median Rent Limit (May 2001)
$ 570
$655
Area median incomes and Fair Market Rents are annually adjusted by the
Department of Housing and Urban Development (HUD). Rent and income
levels must be reviewed annually by the City for compliance with the above
requirements. The Fair Market Rent Schedule, as set forth in Exhibit A-1.2 is
attached hereto and is incorporated herein by reference, or as subsequently
promulgated in writing by the City.
The Grantee shall ensure that all of the units in the Project continue to be
used to provide housing for low and moderate income persons at affordable
rents. If less than fifteen thousand dollars ($15,000) have been expended on
a unit, the unit must be kept affordable for a period of not less than five (5)
years. If between fifteen thousand and forty thousand dollars have been
expended on a unit, the unit must be kept affordable for a period of not less
than ten years. New Construction must remain affordable for a period of not
less than twenty (20) years.
6. Tenant and Participants Protection: The lease between a tenant and an owner of rental
housing assisted with HOME funds must be for not less than one year, unless by mutual
agreement between the tenant and the owner. The lease may not contain any of the
prohibited lease terms as listed in 24 CFR Part 92.
7. Construction Standards - New Construction: Upon completion, the facility will, at a
minimum, meet the HUD Section 8 Housing Quality Standards for Existing Housing
contained in 24 CFR 882.109, incorporated by reference, all applicable local and State
building codes and standards, as well as the Model Energy Code and the Fire
Administration Authorization Act.
8. Program Income: All revenues received by the grantee which result directly from a HOME -
assisted activity shall be considered program income. Program income includes, but is not
2
limited to, principal and interest payments and proceeds from the sale of acquired assets.
All program income is subject to all HOME requirements, and must be reported quarterly to
the City.
9. Deed Restriction: The City shall be responsible for executing a deed restriction that will
ensure that the property will remain affordable without regard to the term of any mortgage
or the transfer of ownership for not less than the appropriate term described in the previous
paragraph.
10. Administration: The City shall be responsible for the administration of the project. The
City may subcontract all or part of the administration duties.
11. Income Eligibility Determination: The grantee shall determine annual income of the
Project beneficiaries using Section 8 Housing Program income definitions as per 24 CFR
Part 813.
12. Administration Requirements: The grantee shall comply with the administration
requirements set forth in 24 CFR Part 92, incorporated by reference, or such requirements
as may be subsequently issued by the City.
13. Interest: The grantee shall expend the HOME funds within fifteen (15) days of receipt and
shall not earn interest on the funds prior to expenditure.
14. David -Bacon Fair Labor Standards: Not applicable. Since there will be only three (3)
HOME -assisted units, the Davis -Bacon Fair Labor Standards Act is not invoked.
15. Monitoring: The City shall monitor this Contract in accordance with the provisions set forth
within the main body of this Contract.
16. Project Budget & Eligible Activities: Set forth in Exhibit A-3
17. Time of Performance: The Contract shall be effective upon full and proper execution. The
Contract shall expire 24 months from the date of execution. However, the Project time of
performance may be extended for up to twelve (12) months by letter, subject to mutual
agreement of the City and the grantee. To initiate this process, a written request of the
Project time of performance shall be submitted to the City by the grantee at least thirty (30)
days prior to Contract expiration, and shall include a full justification for the extension
request.
18. Requests for Disbursements of Funds: The Grantee shall submit written request for
disbursement of funds with accompanying documentation for eligible expenses.
19. Reporting Schedule: The Grantee shall provide quarterly financial and project reports to
the City.
3
EXHIBIT A-1.1
2003 INCOME LIMITS (as of 2/21/03)
2003 Median Income for a family of 4 for the Fort Collins/Loveland Metropolitan Statistical Area: $64,800
Number of Household Members
80% 36,300
41,450
46,650
51,850
56,000
60,150
64,300
68,450
60% 27,225
31,087
34,987
38,880
42,000
45,112
48,106
51,337
50% 22,700
25,900
29,150
32,400
35,000
37,600
40,200
42,750
30% 13,600
15,550
17,500
19,450
21,000
22,550
24,100
25,650
60-80X: Lowlncome
Below 60%: Very Low Income
EXHIBIT A-1.2
Rent Limits
HOME Rents (effective October, 2002)(includes utilities)
Rent
0'=bcWra
,i44irn'
2-bd ''
3-bdrm '
9-bdxm
5-bd=
6^bdrm
462
570
683
790
881
973
1064
Low
HOME
462
570
703
978
1088
1182
1276
High
HOME
FAIR
MARKET
476
588
727
1010
1193
1366
1673
rient
532
570
683
790
881
973
1064
riimit
671
720
866
993
1088
1182
1276
Updated 10/01/02
EXHIBIT A-2
Schedule for Completion
Fort Collins Volunteers of America Elderly Housing, Inc., Inc. shall start the
affordable housing project for elderly persons, referenced in Exhibit A-1, within 1
year and complete it within 5 years of the contract execution date, subject to the
extension of time provided for in Paragraph 28 of this Contract.
EXHIBIT A-3
Project Budget
Volunteers of America Elderly Housing
Sources of Financing
Sources of Funds
City HOME Funds (Public)
50
$ 2711,000 (FY010)
$ 321,000 Subtotal HOME
City Affordable Housing Fund Monies (Awarded 11 /2001)
$ 219,000
State HOME Funds
$ 400,000
Federal Home Loan Bank (Private)
$ 300,000
Applicant Construction or Equity (Private)
$ 100,000
Other Public Resources (HUD Section 202)
$ 4,156,000
Other Public Resources (Additional HUD section 202)
$ 1,670,375
Total of Private Funds $ 400,000
Total of Public Funds $ 6,766,775
Total of Project Funding $ 4,156,400
Funding Sources as of 02/03.
EXHIBIT A-3: BUDGET
SOURCES AND USES OF FUNDS
EXHIBTT A-3: BUDGET
SOURCES AND USES OF FUNDS
• The City will arrange for the Envuonmenhil Review/Assessment and the Envi oranental Notification to be complated and the City will charge the
costs to the project.
•t Includes $4,156,400 previously awarded and $1,670,375 additional funds requested
Rev. 2/25/03
the HOME Investment Partnerships Program Regulations at 24 CFR
Part 92 shall have the same meaning when used herein.
b. "Activity" refers to the development and other activities to be carried
out in part or in whole with CITY HOME Program funds and CITY
Affordable Housing Fund monies, all as more fully described in
Exhibit "A", attached hereto and incorporated herein by this
reference. Exhibit "A" is composed of three parts: A-1 describes the
tasks to be performed; A-2 describes the schedule of performance;
and A-3 describes the project budget.
C. "Completion of Construction" shall mean the date on which
certificates of occupancy or their equivalent are issued for all units in
the Project by the CITY.
d. "Developer" shall mean the GRANTEE.
e. "FY 2000-2001 HOME Program Funds" and "FY 2001-2002 HOME
Program Funds" shall mean the monies committed by HUD to CITY
in agreements executed by HUD dated effective October 1, 2000 and
October 1, 2001, respectively. Affordable Housing Fund monies shall
mean monies committed to the GRANTEE by the CITY in 2001.
f. "Grant" shall mean a grant of HOME Program funds and the City's
Affordable Housing Fund monies by the CITY to the GRANTEE for
Activity costs.
g. "Guidelines for Project Evaluation" shall mean a procedure adopted
by the CITY in accordance with the HOME Program regulations at 24
CFR 92.150(c)(1) which require that each participating jurisdiction,
including CITY, certify that "Before committing funds to a project, the
participant jurisdiction will evaluate the project in accordance with
guidelines that it adopts for this purpose and will not invest any more
HOME funds in combination with other federal assistance than is
necessary to provide affordable housing".
h. "HOME Program" shall mean CITY's HOME Investment Partnership
Program, including the administration thereof, with respect to the
terms of the HUD grant to the CITY.
2
i. "Match" shall mean the Matching Contribution Requirement
discussed in 24 CFR 92.218 through 92.222 of the HOME Program
regulations.
j. "Period of Affordability" shall mean a time period beginning at Project
Completion and ending in 20 years during which the Project property
must be affordable in accordance with 24 CFR 92.252.
k. "Project" shall refer to the completion of 59 units of multi -family
affordable housing for elderly persons at a site located in the City of
Fort Collins, County of Larimer, State of Colorado, described as: NW
1/4 OF NE '/4 34-7-69; LESS RD, LESS 627-250, 1929-582; known as
1401 W. Horsetooth Rd; and having Assessor Parcel Number 97341-
00-004.
1. "Project Completion" shall have the same meaning as specified at 24
CFR 92.2.
2. Grant.
a. The purpose of the Grant is to provide financing for the Activity costs
incurred pursuant to this Agreement (as detailed in the attached
Exhibit "A").
b. The City's and the HOME Program's affordability requirements shall
be enforced on the Project property through a deed restriction
recorded against the property, in accordance with 24 CFR
92.504(c)(13) in a form which is substantially similar to the form of
deed restriction attached hereto as Exhibit "B".
C. If the Project property does not comply with the affordability
requirements as set forth in 24 CFR 92.252 for the Period of
Affordability, CITY shall provide written notice thereof to the
GRANTEE as provided in Paragraph 29 hereof ("Default - Opportunity
to Cure - Termination"), and the GRANTEE shall have the opportunity
to cure as provided in said Paragraph 29. If, after the expiration of
such cure period, the GRANTEE shall have failed to cure the default,
the Grant shall be immediately due and refundable, and shall be
refunded to the CITY in full, immediately.
3. Maximum Grant Funds Available Under Agreement & Mode of Payment.
a. CITY agrees to pay and the GRANTEE agrees to accept, the sum of
Five Hundred Forty Thousand Dollars ($540,000: HOME FY00 -
$250,000; HOME FY01 - $71,000; City of Fort Collins Affordable
Housing Fund 2001 - $219,000) as proceeds of the Grant funded in
accordance with the attached Exhibit "A".
b. When applicable, partial Grant disbursements shall be made to the
GRANTEE or its designee(s) for each stage of Activity construction set
forth in Exhibit "A-2".
C. Upon delivery by GRANTEE to the CITY of the GRANTEE's certificate
of completion of a stage of Activity construction for which payment is
sought under this Agreement, CITY shall make Grant disbursements
to the GRANTEE or its designee(s) of one hundred percent (100%) of
the Exhibit "A-3" budget allocation for that stage of Activity
construction, provided, however, that the GRANTEE shall not request
disbursement of funds (and the CITY shall not make disbursement)
until the funds are needed for payment of eligible costs.
4. Project Cost Evaluation.
a. Before executing this Agreement, CITY evaluated the Project in
accordance with CITY Guidelines for Project Evaluation. CITY
determined that the commitment of HOME Program funds under this
Agreement is not an investment of HOME funds in combination with
other federal assistance in an amount that is greater than is
necessary to provide affordable housing. The evaluation was based
upon cost and other information supplied by GRANTEE to CITY.
GRANTEE hereby .certifies that, to the best of its knowledge, the
information supplied to CITY was complete and accurate as of the
date supplied.
b. Until the time of Completion of Construction, the GRANTEE will
supply to CITY not less than quarterly, certified information on the
actual Project costs and uses of Grant disbursements.
C!
S. GRANTEE's Oblizations and Conditions.
a. The GRANTEE shall cause the Project to be constructed substantially
in conformance with the Project plans and specifications, and the
requirements of the governmental agencies having jurisdiction for the
issuance of certificates of occupancy or their equivalent.
b. The GRANTEE shall be responsible for the maintenance and operation
of the Project property during the Period of Affordability or Loan
Term, whichever time period is greater.
C. The GRANTEE shall cause the Project to be started within 12 months
and completed within 24 months of the contract execution date,
subject to the extension of time provided for in Paragraph 28 hereof,
(Forced Delay - Extension of Time").
d. In performance under this Agreement, the GRANTEE shall comply
with all applicable local, state and federal laws and regulations
governing the funds provided under this Agreement.
e. The GRANTEE shall cooperate fully with CITY in undertaking this
Activity and shall afford reasonable access to the Project property
during normal working hours upon twenty four (24) hours written
notice from the CITY.
6. Tenaats.
a. During the Period of Affordability, 90% of all HOME assisted units will
be occupied by families whose annual incomes do not exceed, at the
time of occupancy, 60% of the median family income as established
by HUD at rent levels that are consistent with 24 CFR 92.252.
b. During the Period of Affordability, a minimum of 20% of HOME
assisted units will be occupied by families whose annual incomes do
not exceed, at the time of occupancy, 50% of the median family
income as established by HUD at rent levels that are consistent with
24 CFR 92.252.
C. The GRANTEE will comply with 24 CFR 92.253 concerning tenant and
participant protections.
5
7. Property Standards.
a. The Project will meet the property standards of 24 CFR 92.251
including, without limitation, the Model Energy Code published by
the Council of American Building Officials. The GRANTEE will
provide CITY with a certification from the GRANTEE's Project
Architect with respect to the Project meeting these standards.
b. For the Period of Affordability, the Project will meet the Housing
Quality Standards of 24 CFR 882.109 and local housing code
requirements. Not less than annually, CITY will have the right to
inspect, or cause to be inspected, Project property to determine
compliance with these standards. CITY will report all noncompliance
to the GRANTEE and the GRANTEE will expeditiously take corrective
actions to cure each such noncompliance.
S. CITY's Obligations.
a. Subject to the provisions of Paragraphs 5 and 9 hereof, any regulation
enacted by CITY to facilitate the administration of the HOME Program
will be made available to the GRANTEE.
b. CITY will make available to the GRANTEE, at its request, copies of the
Act, Federal regulations enacted thereafter, terms of the HOME
Program, and any Federal regulations enacted thereafter, as soon as
possible after they are made available to the CITY.
C. CITY will cooperate fully with the GRANTEE in undertaking
construction and operation of this Project and process invoices to the
GRANTEE for the disbursement of Grant funds under this Agreement
pursuant to Exhibit "A" with due diligence, but in any event within
sixty (60) days of submission.
9. Laws and Regulations.
a. The GRANTEE agrees to comply with the provisions of the Act and the
Federal regulations and guidelines pursuant to the Act, the terms of
the HOME Program Agreement between HUD and CITY, and the
regulations enacted by the CITY and to facilitate its administration of
the HOME Program and the CITY's Affordable Housing Fund monies
in the City of Fort Collins, or any other statute, regulation or
guideline to the HOME Program or the Affordable Housing Fund.
6
b. The GRANTEE agrees to comply with all applicable provisions of the
HOME Program regulations including, but not limited to, the Project
Requirements of Subpart F of 24 CPR 92.
10. Records and Administration.
a. The GRANTEE will keep accurate records of its efforts to rent
apartment units in the Project. The GRANTEE will provide annual
reports to the CITY on or before February 28th of each year, which
reports shall include, to the extent not prohibited by law:
(1) A description of marketing carried out during the
reporting period, including such items as clipped
notices, flyers, advertisements, letters, etc.;
(2) Records of race or ethnicity, gender, and family size of
each applicant; and
(3) Records of family income, rent paid to the GRANTEE,
family size, race or ethnicity, and gender of each family
which is a tenant during the reporting period.
b. In the event that the GRANTEE receives at least $25,000.00 but not
more than $100,000.00 in federal financial assistance in any single
fiscal year, from all sources combined, it will arrange for and submit
to CITY an independent financial and compliance audit of all its
activities funded with HOME Program monies in that single fiscal
year. Such audit shall comply with the requirements and standards
of OMB Circular A-122 "Cost Principals for Nonprofit Organizations";
Public Law 98-502, "Single Audit Act of 1984"; 24 CFR 44, "Non -
Federal Audit"; and OMB Circular A-133 "Audits of Institutions of
Higher Education and Other Nonprofit Institutions."
C. In the event that the GRANTEE receives a total amount of federal
financial assistance from any source equal to or in excess of
$100,000.00 in any fiscal year, the GRANTEE shall arrange, at its
own expense, for the performance of a "Single Audit" of its entire
operations by an independent auditor in accordance with Public Law
98-502 and OMB Circular A-133. Such "Single Audit" may be
accepted by CITY in lieu of the financial and compliance audit
ordinarily required by this Agreement in Paragraph 10.b. above. The
7