HomeMy WebLinkAbout102621 NEIGHBOR TO NEIGHBOR - CONTRACT - CONTRACT - 23680RECIPIENT CONTRACT FOR
COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT
PARTNERSHIP FUNDING
THIS AGREEMENT is entered into by and between THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation (hereinafter referred to as "the City") and NEIGHBOR
TO NEIGHBOR (hereinafter referred to as "the Subrecipient").
WITNESSETH:
WHEREAS, the City has applied for and received funds from the United States
Government under Title 1 of the Housing and Community Development Act of 1974, Public
Law 93-383 and under Title II of the Cranston -Gonzales National Affordable Housing Act; and
WHEREAS, the City wishes to engage the Subrecipient to assist the City in utilizing such
funds.
NOW, THEREFORE, in consideration of the mutual promises of the parties, it is agreed
as follows:
L Scope of Services/Performance Monitoring.
A. The Scope of Services to be rendered by the Subrecipient is attached as Exhibit A
hereto and made a part of this Contract. Subrecipient agrees to perform the work
described in Exhibit A, Scope of Services, in compliance with all provisions of this
Contract. Subrecipient warrants and represents that it has the requisite authority
and capacity to perform all terms and conditions on Subrecipient's part to be
performed hereunder.
B. The City will monitor the performance of the Subrecipient against goals and
performance standards required herein. Substandard performance as determined
by the City will constitute non-compliance with this Contract. If action to correct
such substandard performance is not taken by the Subrecipient within a
reasonable period of time after being notified by the City, contract suspension or
termination procedures will be initiated.
II. Term of Contract.
Except as provided in Section VI, H, below, this Contract shall be in effect as long as the
Subrecipient retains control over Community Development Block Grant ("CDBG") and/or
HOME funds, including income generated from the funds. The City's obligation to provide
funding under this Contract shall be from JUNE 15 2005 to SEPTEMBER 30, 2006 WITH
THE EXCEPTION THAT CDBG FUNDED PROPERTIES MAY NOT BEGIN WORK
or improved, with CDBG/HOME funds, in accordance with Exhibit A, the
Subrecipient shall return the personal asset or real property to the City, or pay to
the City a sum equal to its fair market value, less any portion of the value
attributable to expenditures of non-CDBG/HOME funds for the acquisition of, or
improvement to, the asset or property. The Subrecipient shall transfer to the City
any CDBG/HOME funds on hand at the time of expiration of this Contract and
any accounts receivable of CDBG/HOME funds.
5. No Liens on Items or Property.
At the time of obtaining title or possession of any personal or real property listed
in Exhibit D, attached hereto and incorporated herein by this reference,
Subrecipient agrees to provide to the City, through an appropriate lien, deed of
trust, or other security instrument, such evidence of the security interest in said
property under this Agreement as the City may deem appropriate, based upon the
nature of the property, the Scope of Services, the potential term of the security
interest, and such other reasonable considerations as the City may deem
appropriate in protecting its interest in the funds provided hereunder.
Subrecipient further agrees that in addition to, or in lieu of the above, the City
may require the execution and recordation of Deed Restrictions on real property
purchased in connection herewith, in order to protect the City's interest in the
funds provided hereunder.
VHI. Personnel and Participant Conditions.
A. Civil Rights.
Compliance.
The Subrecipient agrees to comply with Chapter 13, Article II, of the City Code
and Title 24, Article 34, Parts 3 through 7, C.R.S., and with Title VI of the Civil
Rights Act of 1964, as amended, Title VIII of the Civil Rights Act of 1968, as
amended, Section 109 of Title 1 of the Housing and Community Development
Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans With
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order
11063, and with Executive Order 11246, as amended by Executive Orders 11375
and 12086.
2. Nondiscrimination.
The Subrecipient will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital status, or status with regard to public
assistance. The Subrecipient will take affirmative action to ensure that all
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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, termination, 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 to be provided by the City setting forth the
provisions of this nondiscrimination clause.
3. Land Covenants.
This contract is subject to the requirements of Title VI of the Civil Rights Act of
1964 (P.L. 88-352) and 24 CFR 570 Part 1. In regard to the sale, lease or other
transfer of land acquired, cleared or improved with assistance provided under this
Contract, the Subrecipient shall cause or require a covenant running with the
land to be inserted in the deed or lease for such transfer, prohibiting
discrimination as herein defined, in the sale, lease or rental, or in the use or
occupancy of such land, or in any improvements erected or to be erected thereon,
providing that the Subrecipient and the United States are beneficiaries of and
entitled to enforce such covenants. The Subrecipient, in undertaking its
obligation to carry the program assisted hereunder, agrees to take such measures as
are necessary to enforce such covenant and will not itself so discriminate.
4. Section 504.
The Subrecipient agrees to comply with any federal regulations issued pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 706),
which prohibits discrimination against the handicapped in any federally -assisted
program. The contracting agency shall provide the Subrecipient with any
guidelines necessary for compliance with that portion of the regulations in force
during the term of this Contract.
B. Affirmative Action.
1. Approved Plan.
The Subrecipient agrees that it shall be committed to carry out pursuant to the
City's specifications an Affirmative Action Program in keeping with the principles
as provided in President's Executive Order 11246 of September 24, 1965. The
City shall provide Affirmative Action guidelines to the Subrecipient to assist in
the formulation of such program. The Subrecipient shall submit a plan for an
Affirmative Action Program for approval prior to the award of funds.
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2. W/MBE.
The Subrecipient will use its best efforts to afford minority and women -owned
business enterprises the maximum practicable opportunity to participate in the
performance of this Contract. As used in this Contract, the term "minority and
female business enterprise" means a business at least fifty-one (51) percent owned
and controlled by minority group members or women. For the purpose of this
definition, "minority group members" are Afro-Americans, Spanish-speaking,
Spanish surnamed or Spanish -heritage Americans, Asian -Americans and
American Indians. The Subrecipient may rely on written representations by
Subrecipients regarding their status as minority and female business enterprises in
lieu of an independent investigation.
3. Access to Records.
The Subrecipient shall furnish and cause each of its subSubrecipients to furnish all
information and reports required hereunder and will permit access to its books,
records and accounts by the City, HUD, or its agent, or other authorized federal
officials for purposes of investigation to ascertain compliance with the rules,
regulations and provisions stated herein.
4. Notifications.
The Subrecipient will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding,
a notice, to be provided by the agency contracting officer, advising the labor union
or workers' representative of the Subrecipient's commitments hereunder, and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
5. EEO/AA Statement.
The Subrecipient 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.
6. Subcontract Provisions.
The Subrecipient will include the provisions of Paragraphs VIII A, Civil Rights,
and B, Affirmative Action, in every subcontract or purchase order, specifically or
by reference, so that such provisions will be binding upon each subSubrecipient or
vendor.
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C. Employment Restrictions.
1. Prohibited Activity.
The Subrecipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for political activities; sectarian or
religious activities; lobbying, political patronage and nepotism activities.
2. OSHA.
Where employees are engaged in activities not covered under the Occupational
Safety and Health Act of 1970, they shall not be required or permitted to work, be
trained or receive services in buildings or surroundings or under working
conditions which are unsanitary, hazardous or dangerous to the participants'
health or safety.
3. Right to Know.
Participants employed or trained for inherently dangerous occupations, e.g., fire or
police jobs, shall be assigned to work in accordance with reasonable safety
practices. The Subrecipient will comply with all applicable "Right to Know" Acts.
4. Labor Standards.
a. The Subrecipient agrees to comply with the requirements of the Secretary
of Labor in accordance with the Davis -Bacon Act as amended, the
provisions of Contract Work Hours and Safety Standards Act, the
Copeland "Anti -Kickback" Act (40 U.S.C. 276, 327-333) and all other
applicable federal, state and local laws and regulations pertaining to labor
standards insofar as those acts apply to the performance of this Contract.
The Subrecipient shall maintain documentation which demonstrates
compliance with wage and hour requirements of this part. Such
documentation shall be made available to the City for review upon request.
b. The Subrecipient agrees that, except with respect to the rehabilitation or
construction of residential property designed for residential use for less
than eight (8) units, all contractors engaged under contracts in excess of
Two Thousand Dollars ($2,000) for construction, renovation or repair of
any building or work financed in whole or in part with assistance provided
under this Contract, and/or with respect to the rehabilitation or
construction of residential property where there are more than 12 HOME -
assisted units, the Subrecipient shall comply with federal requirements
adopted by the City pertaining to such contracts and with the applicable
requirements of the regulations of the Department of Labor, under 29 CFR
Parts 3, 1, 5 and 7 governing the payment of wages and ratio of apprentices
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and trainees to journeymen; provided, that if wage rates higher than those
required under the regulations are imposed by state or local law, nothing
hereunder is intended to relieve the Subrecipient of its obligation, if any, to
require payment of the higher wage.
5. "Section 3" Clause.
a. Compliance.
Compliance with the provisions of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 U.S.C. 1701, the regulations set
forth in 24 CFR 135, and all applicable rules and orders issued hereunder
prior to the execution of this Contract, shall be a condition of the federal
financial assistance provided under this Contract and binding upon the
City, the Subrecipient and any subSubrecipients. Failure to fulfill these
requirements shall subject the City, the Subrecipient and any
subSubrecipients, their successors and assigns, to those sanctions specified
by the Contract through which federal assistance is provided. The
Subrecipient certifies and agrees that no contractual or other disability
exists which would prevent complaint with these requirements.
The Subrecipient further agrees to comply with these "Section 3"
requirements and to include the following language in all subcontracts
executed under this Contract:
The work to be performed under this contract is a project
assisted under a program providing direct federal financial
assistance from HUD and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of
1968, as amended, 12 U.S.C. 1701. Section 3 requires that
to the greatest extent feasible opportunities for training and
employment be given to lower income residents of the
project area and contracts for work in connection with the
project be awarded to business concerns which are located
in, or owned in substantial part by persons residing in the
areas of the project.
The Subrecipient certifies and agrees that no contractual or other disability
exists which would prevent compliance with the requirements.
b. Notifications.
The Subrecipient agrees to send to each labor organization or
representative of workers with which it has a collective bargaining
agreement or other contract or understanding, if any, a notice advising said
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labor organization or workers' representative of its commitments under this
Section 3 clause and shall post copies of the notice in conspicuous places
available to employees and applicants for employment or training.
C. Subcontracts.
The Subrecipient will include this Section 3 clause in every subcontract
and will take appropriate action pursuant to the subcontract upon a
finding that the Subrecipient is in violation of regulations issued by the
City. The Subrecipient will not subcontract with any subSubrecipient
where it has notice or knowledge that the latter has been found in
violation of regulations under 24 CFR 135 and will not let any subcontract
unless the subSubrecipient has first provided it with a preliminary
statement of ability to comply with the requirements of these regulations.
D. Conduct.
1. Assignability.
The Subrecipient shall not assign or transfer any interest in this Contract or any
property obtained using the funds provided under this Contract without the prior
written consent of the City thereto; provided, however, that claims for money due
or to become due to the Subrecipient from the City under this Contract may be
assigned to a bank, trust company or other financial institution without such
approval. Notice of any such assignment or transfer shall be furnished promptly to
the City.
2. Conflict of Interest.
The Subrecipient agrees to abide by the provisions of 24 CFR 570.611 with respect
to conflict of interest, and covenants that it presently has no financial interest and
shall not acquire any financial interest, direct or indirect, which would conflict in
any manner or degree with the performance of services required under this
Contract. The Subrecipient further covenants that in the performance of this
Contract, no person having such a financial interest shall be employed or retained
by the Subrecipient hereunder. These conflict of interest provisions apply to any
person who is an employee, agent, consultant, officer or elected official or
appointed official of the City, or of any designated public agencies or subrecipients
which are receiving funds under the HOME and/or CDBG Entitlement program.
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3. Subcontracts.
a. Approvals.
The Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of this Contract without the written consent
of the City prior to the execution of such contract.
b. Monitoring.
The Subrecipient will monitor all subcontracted services on a regular basis
to assure compliance with both this Contract and the applicable
subcontract. Results of monitoring efforts shall be summarized in written
reports and supported with documented evidence of follow-up actions
taken to correct areas of noncompliance.
C. Content.
The Subrecipient shall cause all of the provisions of this Contract in its
entirety to be included in and made a part of any subcontract executed in
the performance of this Contract.
d. Selection Process.
The Subrecipient shall undertake to ensure that all subcontracts let in the
performance of this Contract shall be awarded in a fair and open
competition basis. Executed copies of all subcontracts shall be forwarded
to the City, along with documentation concerning the selection process.
4• Copyright.
If this Contract results in any copyrightable material, the City reserves the right to
royalty -free, non-exclusive and irrevocable license to reproduce, publish or
otherwise use and to authorize others to use, the work for government purposes.
5. Religious Organization.
The Subrecipient agrees that funds provided under this Contract will not be
utilized for religious activities, to promote religious interests, or for the benefit of a
religious organization in accordance with the federal regulations specified in 24
CFR 570.200(j). See also Exhibit E.
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IX Environmental Conditions.
When applicable, no funds shall be obligated or expended until an Environmental Review
is completed and accepted by HUD and the City of Fort Collins.
A. Air and Water.
The Subrecipient agrees to comply with the following laws and regulations, along with
any other environmental or public health related laws or regulations, insofar as they apply
to the performance of this Contract:
• Clear Air Act, 42 U.S.C., 1857, et seq.;
• Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as
amended 1318 relating to inspection, monitoring, entry, reports and information, as
well as other requirements specified in said Section 114 and Section 308, and all
regulations and guidelines issued thereunder;
• Environmental Protection Agency (EPA) regulations pursuant to 40 CFR, Part 50, as
amended;
• National Environmental Policy Act of 1969; and
• HUD Environmental Review Procedures (24 CFR Part 58).
B. Flood Disaster Protection.
The Subrecipient agrees to comply with the requirements of the Flood Disaster Protection
Act of 1973 (P.L. 2234) in regard to the sale, lease or other transfer of land acquired,
cleared or improved under the terms of this Contract, as it may apply to the provisions of
this Contract. Compliance measures may include, but are not limited to, maintaining
flood insurance, structural adaptation or other mitigation as required.
C. Lead -based Paint.
The Subrecipient agrees that any construction or rehabilitation of residential structures
with assistance provided under this Contract shall be subject to HUD Lead -based Paint
Regulations at 24 CFR 570.608, and 24 CFR Part 35, and in particular Subpart B thereof.
Such regulations pertain to all HUD -assisted housing and require that all owners,
prospective owners, and tenants or properties constructed prior to 1978 be properly
notified that such properties may include lead -based paint, and shall be inspected for lead
hazards prior to purchase or rehabilitation.
D. Historic Preservation.
The Subrecipient agrees to comply with the Historic Preservation requirements set forth
in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation
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Procedures for Protection of Historic Properties, insofar as they apply to the performance
of this Contract.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty (50) years or older or that
are included on a federal, state or local historic property list.
X. Entire Agreement/Governing Law.
The provisions set forth in Items I -IX, and all attachments of this Contract constitute the
entire agreement between the parties hereto and no statement, promise, conditions,
understanding, inducement or representation, oral or written, express or implied, which is not
contained herein shall be binding or valid. This Contract shall be governed under the laws of the
State of Colorado.
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IN WITNESS WHEREOF, the parties have executed this Contract as of the date of the
most recent signatory.
ATTEST:
`V40ft 1.
A.
City Clerk
APPROV S TO FORM:
Deputy City Attorney
ATTEST:
(MIA KQ,t.f. AAAM
Board Secretary
(Corporate Seal)
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corpor tion
By: Date b- `-05
Darin A. Atteberry, City Manager
NEIGHBOR TO NEIGHBOR, INC.
By:I(k1J Date &-- 06'
Title: Board President
Fed. I.D. Number: 84-0630214
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UNTIL OCTOBER 1, 2005 and shall be contingent upon full compliance by Subrecipient
with all terms and conditions set forth herein.
III. Payment.
If the Subrecipient is not in default hereunder, and subject to the City's receipt of the
Department of Housing and Urban Development CDBG and HOME funds, and provided that
the Contract and Scope of Services are eligible expenditures of CDBG and HOME funds, the
City agrees to pay the Subrecipient CDBG funding of ONE HUNDRED SIXTY SIX
THOUSAND FOUR HUNDRED NINTY ONE AND NO/100 ($166,491) DOLLARS and
HOME funding of EIGHTY FIVE THOUSAND ONE HUNDRED TWENTY AND
NO/100 ($85,120) DOLLARS for a total of TWO HUNDRED FIFTY ONE THOUSAND
SIX HUNDRED ELEVEN AND NO/100 ($251,611) DOLLARS. Payment shall be made
upon presentation of invoices which Subrecipient certified are true and correct copies of
payments due on behalf of the Subrecipient, for an activity covered by this Contract and made in
accordance and compliance with the Scope of Services. In no event shall the City's obligation to
make payment to the Subrecipient hereunder exceed TWO HUNDRED FIFTY ONE
THOUSAND SIX HUNDRED ELEVEN AND N0/100 ($251,611) DOLLARS. Payments
may be made during the term of this Contract once a month in cases covering reimbursement for
operation costs, otherwise upon presentation of vouchers. Payment may be suspended by the City
in the event of nonperformance of Subrecipient. Payments may also be contingent upon
certification of the Subrecipient's financial management system in accordance with the standards
specified in Title 24, CFR, Part 85.
IV. Notices.
Communications and details concerning this Contract shall be directed to the following Contract
representatives:
City of Fort Collins:
CDBG/HOME Administrator
Advance Planning Department
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522-0580
(970) 221-6758
V. Special Conditions.
Subrecipient:
Executive Director
Neighbor to Neighbor, Inc.
424 Pine #203
Fort Collins CO 80524
(970) 484-7498
The Subrecipient agrees to comply with the requirements of Title 24 Code of Federal
Regulations, Part 570, of the Housing and Urban Development regulations concerning
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SCOPE OF SERVICES
1. Project Description and Objectives: Neighbor to Neighbor will use $166,491 in CDBG
funding and $85,120 in HOME CHDO funds for the rehabilitation of 116 units of
affordable rental housing as outlined in Exhibit C. The funding is in the form of a 0%
due on sale loan with a 5% service fee upon sale, transfer or if the property ceases to
meet a CDBG National Objective (i.e. serving low- and moderate -income individuals).
2. Affirmative Marketing: 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.
3. Low and Moderate Income Benefit. The units are currently occupied by households with
income to or less than 50% of the area median income. The Subrecipient shall insure that
90% of the total HOME -assisted units (7 rental units in the properties on Ponderosa,
Clearview, Palm, Crabtree and 619 Conifer) will be occupied by persons whose household
income is less than or equal to 60% of area median income and that 20% of all the housing
units in the Project (32 units) will be occupied by persons whose household income is less
than or equal to 50% of area median income; and that no more than 10% of all the housing
units in the Project (3 units) will be occupied by persons whose household income is equal to
between 60% and 80% of area median income. Income limits are attached to this document
as Exhibit "B-1" and may be amended as necessary. The grantee shall determine annual
income of the Project beneficiaries using Section 8 Housing Program income definitions as
per 24 CFR Part 813. The remaining 84 units will be occupied by households at 50% of
median and less for the term of the loan.
4. Affordability — Rental: To insure the housing affordable to low and moderate income
persons, 80% of the HOME -assisted rental units (25 units) must have rents that are the lesser
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. 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 "B-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. Since
less than fifteen thousand dollars ($15,000) have been expended on each HOME -assisted
unit, the unit must be kept affordable for a period of not less than five (5) years.
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5. 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.
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 listed in 24 CFR Part 92.
7. 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
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.
8. Contract Administration. Neighbor to Neighbor shall be responsible for the administration
of the contract.
9. City Monitoring. The City of Fort Collins HOME and CDBG Program will monitor this
project.
io. Housing Standards. These units will, at a minimum, meet HUD's Housing Quality Standards (24
CFR, Section 982.401, incorporated by reference), and all applicable local and state building codes and
standards.
10. Davis -Bacon Fair Labor Standards: The grantee shall comply with all the requirements of
the Davis -Bacon Fair Labor Standards Act. Properties requiring Davis -Bacon wages are the
following funded with CDBG 1620 Azalea, 1550 Blue Spruce.
11. Time of Performance. The Project shall commence upon the full and proper execution of
this Contract and shall be completed on or before September 30, 2006. However, the Project
time of Performance may be extended by letter, subject to mutual agreement of the City and
the Contractor. To initiate this process, a written request shall be submitted to the City by
the Contractor at least sixty (60) days prior to September 30, 2006 and shall include a full
justification for the extension request.
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EXHIBIT A-2
SCHEDULE FOR COMPLETION
The project shall be completed on or before September 30, 2006.
EXHIBIT"A-3"
SPECIAL CONDITIONS FOR CDBG/HOME CONTRACTS
INTRODUCTION: The following special conditions are items which must be
contained in contracts that are fully or partially paid with CDBG and/or HOME funds.
Some items such as bonding and insurance may also be included elsewhere in the
contract documents. The Contractor must comply with those City requirements as well
as these Federal requirements.
The Contractor shall comply with all applicable special conditions for CDBG/HOME
contracts as contained herein, and shall insert appropriate provisions in all sub -contracts
covering work under this contract to insure compliance by subcontractors with such
regulations, and shall be responsible for the submission of affidavits required of sub-
contractors thereunder except as the Secretary of Labor may specifically provide for
variations of or exemptions from the requirements thereof.
The Contractor shall not enter into any subcontract with any person or firm debarred from
Government contracts pursuant to Executive Order 11246.
The Contractor must submit to the City of Fort Collins CDBG/HOME Administrator
within ten (10) days of bid opening, the names and addresses of the sub -contractors
he/she proposes to utilize on the project in order for the CDBG/HOME Administrator to
approve utilization of said sub -contractors. If other sub -contractors are proposed during
the construction phase, their names and addresses are to be submitted to the
CDBG/HOME Administrator prior to utilization for approval.
Complete language on the Federal labor laws is included in the attached HUD 4010,
which is incorporated by reference.
Statements shown in italics are instructions to the reader.
L SPECIAL CONDITIONS FOR ALL CDBG CONTRACTS
A. "Section 3" Clause for Bid Documents
Because this project receives direct Federal financial assistance, compliance with
Section 3 of the Housing and Development Act of 1968 and the regulation
implementing that Section is required. The Contractor understands that this
requires the project to make training, employment and contracting opportunities
available, to the greatest extent feasible, to lower -income City residents and
businesses.
B. Remedies for Violation or Breach of Contract Terms
All claims, disputes and other matters in question between the parties to this
agreement, arising out of or relating to this agreement or the breach thereof, shall
be resolved as provided by Colorado law. Venue shall be in the City of Fort
Collins, Colorado. Failure to timely comply with the contract without approval
from the City shall be deemed a breach of this agreement and the expenses and
costs incurred by the City shall be the burden of the Contractor. Disputes
regarding the interpretation of this contract shall be resolved in favor of the City.
C. Patent and Copyrights
The U.S. Department of Housing and Urban Development and the County of
Marion, retain patent rights and copyrights on any project which involves
research, developmental, experimental, or demonstration work.
D. Access to Records For all contracts other than those awarded under
small purchase procedures:
The City of Fort Collins, the U.S. Department of HUD, the Comptroller General
of the United States, or any of their authorized representatives, shall have access
to any books, documents, papers, and records of the Contractor which are directly
pertinent to this contract, for the purpose of performing audit or project
monitoring, and such records shall be subject to examination, copying, excerpting
or transcribing.
E. Contract Work Hours and Safety Standards
Applies to any contracts in excess of $2, 000.00 which may involve the
employment of mechanics or laborers. (These requirements do not apply
to the purchase of supplies or materials or articles ordinarily available on
the open market, or contracts for transportation or transmission of
intelligence.)
The Contractor shall comply with Sections 103 and 107 of the Contractor Work
Hours and Safety Standards Act (40 USC 327-330) as supplemented by
Department of Labor Regulations (29 CFR, Part 5). Under Section 103 of the
Act, each contractor shall be required to compute the wages of every mechanic
and laborer on the basis of a standard work week of forty (40) hours. Work in
excess of that standard work week is permissible provided that the worker is
compensated at a rate of not less than 1 '/z times the basic rate of pay for all hours
worked in excess of forty (40) hours in the work week. (This requirement applies
to time spent on federally assisted contracts only.) Section 107 of the Act is
applicable to construction work and provides that no laborer or mechanic shall be
required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous to his health and safety as determined under
construction safety and health standards promulgated by the Secretary of Labor.
F. Federal Equal Opportunity Laws
1. Certification of Non -segregated Facilities (for contracts over
$10,000.00)
2. Title VI, Civil Rights Act of 1964
(See attached copy of the applicable wage rates, which are incorporated
by reference.)
C. All Construction Contracts Over $10,000.00
1) Contract Termination
This contract may be terminated upon thirty (30) days written notice
without cause. In the event this contract is terminated without cause, the
Contractor shall be compensated for all services performed to termination
date together with any expenses incurred to that date. This contract may
be terminated by either party upon seven (7) days written notice should the
other party fail substantially to perform in accordance with its terms
through no fault of the party initiating the termination, In the event the
contract is terminated through fault of the Contractor, the Contractor shall
bear all additional expenses incurred by the City for the completion of the
contract including those required to retain additional contractors to
complete the work.
2) Equal Employment Opportunity
Contractors shall comply with Executive Order 11246, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375, and as
supplemented in Department of Labor regulations (41 CFR Part 60).
The Contractor also agrees to ensure that Minority Business Enterprises as
defined in 49 CFR Part 23 have the maximum opportunity to participate in
the performance of contracts and subcontracts financed in whole or in part
with Federal funds provided under this agreement. In this regard the
contractor shall take all necessary and reasonable steps in accordance with
49 CFR Part 23 to ensure that Minority Business Enterprises have the
maximum opportunity to compete for and perform contracts.
D. All Construction Contracts Over $100,000.00
1) Section 306 of the Clean Air Act, Section 508 of the Clean Water
Act, and EPA Regulations of Non -Exempt Federal Contracts
The Contractor shall comply with all applicable standards, orders, or
requirements issued under Section 306 of the Clean Air Act (42 USC
1857(h) ); Section 508 of the Clean Water Act (33 USC 1368), Executive
Order 11738; and Environmental Protection Agency Regulations (40 CFR,
Part 15), which prohibit the use under Non -Exempt Federal contracts,
grants or loans of facilities included on the EPA List of Violating
Facilities. Violations will be reported to HUD and to the USEPA
Assistant Administrator for Enforcement (EN-329).
City of Fort Collins
City of Fort Collins
CDBG/HOME Programs
Advance Planning Department
P. O. Box 580
Fort Collins CO 80522-0580
PH: (970) 221-6758 — FX: (970) 224-6111
CERTIFICATIONS
SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968
Housing and Urban Development regulations implementing Section 3 of the Housing and
Urban Development Act of 1968 require that, to the greatest extent feasible, opportunities
for training and employment be given to lower income residents of the project area and
contracts for work in connection with the project be awarded to business concerns which
are located in or owned in substantial part by persons residing in the area of the project.
As evidence of Compliance, the undersigned certifies that he/she will:
1. Take affirmative steps to hire and train lower income residents of the project
area, and
2. solicit the participation of businesses located in or owned substantially by
persons residing in the area of the project.
Signed: 1 l 'I/l Dates •a ( VS
Title:
COMPANY:
Iz
am
SECTION 3 NOTICE
EMPLOYMENT OPPORTUNITIES FOR BUSINESSES AND
LOWER INCOME PERSONS IN CONNECTION WITH HUD
ASSISTED PROJECTS
This project is covered by the provisions of Section 3 of the Housing
and Urban Development Act of 1968, as amended.
TO THE MAXIMUM EXTENT FEASIBLE, OPPORTUNITIES
FOR TRAINING AND JOBS ARISING IN CONNECTION WITH
HUD -ASSISTED PROJECT, WILL BE GIVEN TO LOWER
INCOME RESIDENTS OF THE PROJECT AREA.
TO THE MAXIMUM EXTENT FEASIBLE, WE WILL UTILIZE
SMALL BUSINESS CONCERNS LOCATED IN, OR
SUSTANTIALLY OWNED BY, RESIDENTS OF THE PROJECT
AREA, IN THE AWARD OF CONTRACTS AND PURCHASE
OF SERVICES AND SUPPLIES.
Any lower income resident seeking training or employment or any
other business concern located in or substantially owned by persons
residing in the project area (City of Fort Collins) seeking contract
opportunities who alleges noncompliance, may file a grievance:
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ROCKY MOUNTAIN REGION
1670 BROADWAY. 20THFLOOR
DENVER, COLORADO 80202-4801
INCOME LIMITS
2005 hwome Limits
Income, Limits (as of 2/142005)
2005 Median Income for a Family of 4: $69,200
(Fort Collu*Loveland Metropolitan Statistical Area)
City of Fort CoWns
Household Members
Income
1
2
3
4
5-
6
7
8
100%of
48,437
55,375
62,250
69,200
74,750
80,250
85,812
91,375
median
80%ofmedian
38,750
44,300
49,800
55,350
59,800
64,200
68050
73,100
60%of
29,062
33,225
37,350
41,520
44,850
48,150
51,487
54,825
median
50%of
24,200
27,700
31,150
34,600
37,350
40,150
42,900
45,650
median
30%of
14,550
16,600
18,700
20,750
22,400
24,100
25,750
21,350
median
50 - 80%: Low Income
Below 60%: Very Low income
HOME Rents (3/11/05) (includes utilitiesl
Rent
Obdmt
1-bdm
2-bdm
3bdtm
4bdtm
54dmm
6-bdrm
516
619
750
899
1003
1106
1211
Low HOME
516
619
750
1092
1248
1357
1469
High HOME
516
619
750
1092
1273
14"
1655
PAIR
MARRF.7
50% Rmt
limit
605
648
778
899
1003
1106
1211
650/0 Rmt
768
824
"1
W%
1248
1357
1469
limit
Community Development Block Grants, Title II of the Cranston -Gonzales National Affordable
Housing Act and all federal regulations and policies issued pursuant to these regulations. The
Subrecipient further agrees to utilize funds available under this Contract to supplement rather
than supplant funds otherwise available.
VI. General Conditions.
A. General Compliance.
The Subrecipient agrees to comply with all applicable federal, state and local laws and
regulations governing the funds provided under this Contract.
B. Independent Contractor.
Nothing contained in this Contract is intended to, or shall be construed in any manner, as
creating or establishing the relationship of employer/employee between the parties. The
Subrecipient shall at all times remain an independent contractor with respect to the
services to be performed under this Contract. The City shall be exempt from payment of
all Unemployment Compensation, FICA, retirement, life and/or medical insurance and
Workers' Compensation insurance as the Subrecipient is an independent Subrecipient.
C. Liability.
As to the City, Subrecipient agrees to assume the risk of all personal injuries, including
death resulting therefrom, to persons, and damage to and destruction of property,
including loss of use therefrom, caused by or sustained, in whole or in part, in connection
with or arising out of the performance or nonperformance of this Contract by
Subrecipient or by the conditions created thereby. Subrecipient further agrees to
indemnify and save harmless the City, its officers, agents and employees, from and against
any and all claims, liabilities, costs, expenses, penalties and attorney fees arising from such
injuries to persons or damages to property or based upon or arising out of the performance
or nonperformance of this Contract or out of any violation by Subrecipient of any statute,
ordinance, rule or regulation.
D. Workers' Compensation.
The Subrecipient shall provide Workers' Compensation insurance coverage for all
employees involved in the performance of this Contract.
E. Insurance and Bonding.
The Subrecipient shall carry sufficient insurance coverage to protect Contract assets from
loss due to theft, fraud and/or undue physical damage, and as a minimum, shall purchase
blanket fidelity bond covering all employees in an amount equal to cash advances from
the City.
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PROJECT BUDGET
Funding Available:: CDBG funding of $166,491
HOME funding of $85,120 (CHDO)
Any deviation of more than 10% from the budget submitted will require City approval.
Eligible Costs (which include asset/construction management fees of no more than 10%):
HOME may be used ONLY for the following properties and items:
619 Conifer
Wall pack lighting
Install smoke detectors
Fire extinguishers
Kitchen and Bath GFI
Water Heaters
Windows
2405 - 2413 Crabtree
Splashblocks
Install Smoke Detectors
Fire extinguishers
Refrigerators
Ranges
Kitchen Sink and Faucet
Windows
Rear Entry Doors
2404 Clearview
Parking Lot Repair
Kitchen and Bath GFI
Smoke Detectors
Interior Stair Repair
Roof
Gutters and Downspouts
Building Entry Doors
Other items with prior approval
1041 Ponderosa
Exterior Lighting
Wall Pack Lighting
Smoke Detectors
Kitchen and Bathroom GFI
6
EXHIBIT D
The following properties will contain affordability restrictions for a period not to exceed 5
years from the date of contract:
Legal Descriptions
1620 Azalea
Condominium Units C, D, G, and H. AZALEA CONDOMINIUMS, According to the
map recorded July 13, 1978 in Book 1873 at Page 395 and in accordance with and subject to
Condominium Declaration for Azalea Condominium Association Recorded July 13, 1978 in
Book 1873 at Page 396, County of Latimer, State of Colorado.
713 Aztec Drive
Lot 3, Less the NLY 26 ft thereof plus the NLY 39 ft of lot 2, GRANADA HEIGHTS
aka: 713 Aztec Drive.
1550 Blue Spruce
ALL OF COACHLIGHT PLAZA — FILING ONE, a subdivision in the City of Fort
Collins, according to the record plat thereof, County of Latimer, State of Colorado, now known
as THE REPLAT OF COACHLIGHT PLAZA, A PLANNED UNIT DEVELOPMENT, located
in a portion of the Northwest quarter of Section 1, Township 7 North, Range 69 West of the 6"
P.M., in the City of Fort Collins, County of Latimer, State of Colorado.
2404 Clearview
Lot 1, CLEARVIEW APARTMENTS, City of Fort Collins, County of Latimer, State of
Colorado
613 Conifer
Lot lA of the Replat of Lots 1 and 2, EVERGREEN PARK THIRD FILING., County of
Latimer, State of Colorado.
619 Conifer
Lot 1B, Replat of Replat of Lot 1 and 2, EVERGREEN PARK THIRD FILING, City of
Fort Collins, County of Latimer, State of Colorado
2405-2413 Crabtree
POR TR D ALVIN MILLER FOOTHILLS 1s", FTC.
1721 Palm Drive
Lot 8, Blk 8 ELLIOT-MILLER FOOTHILL W SUB, FOOTHILLS W.
1041 Ponderosa
BEG AT PT WH BEARS S 89 45' E 205 FT FROM NW COR OF TR'D'; TH S 0 15' W
81 FT, S 46 46' W 19.41 FT, S 43 14' E 69.83 FT, N 46 46' E 68.01 FT; TH ALG ARC 15 FT
8
RAD CUR L, 12.16 FT, L/C N 23 30' 30" E 11.85 FF, N 0 15' E 72.36 FT ALG WRLY R/W
PONDEROSA DR; TH ALG ARC 15 FT RAD CUR L, 23,56 FF, L/C N 44 45' W 21.21 FF, N
89 45' W 73 FF TROB, ALVIN L MILLER FOOTHILLS 1ST, FTC.
9
F. Grantor Recognition.
The Subrecipient shall ensure recognition of the role of the City in providing services
through this Contract. All activities, facilities and items utilized pursuant to this Contract
shall be prominently labeled as to funding source. In addition, the Subrecipient will
include a reference to the support provided herein in all publications made possible with
funds made available under this Contract. Such labeling and/or reference shall include
the following credit line: "This project is partially supported by a Community
Development Block Grant and/or a HOME grant from the City of Fort Collins."
G. Amendments.
The City or Subrecipient may amend this Contract at any time, provided that such
amendments make specific reference to this Contract and are executed in writing, signed
by a duly authorized representative of both organizations. Such amendments shall not
invalidate this Contract, nor relieve or release the City or Subrecipient from its
obligations under this Contract, except as expressly provided therein.
The City may, in its discretion, amend this Contract to conform with federal, state or
local governmental guidelines, policies and available funding amounts, or for other
reasons. If such amendments result in a change in the funding, the Scope of Services, or
schedule of the activities to be undertaken as part of this Contract, such modifications
will be incorporated only by written amendment signed by both the City and Subrecipient.
H. Suspension or Termination.
1. Either party may terminate this Contract at any time by giving written notice to
the other party of such termination and specifying the effective date thereof at
least thirty (30) days before the effective date of such termination. Partial
terminations of the Scope of Service in Paragraph I above may only be undertaken
with the prior approval of City.
2. The City may also suspend or terminate this Contract, in whole or in part, if
Subrecipient materially fails to comply with any term of this Contract, or with any
of the rules, regulations or provisions referred to herein; and the City may declare
the Subrecipient ineligible for any further participation in City CDBG/HOME
contracts, in addition to other remedies as provided by law. In the event there is
probable cause to believe the Subrecipient is in noncompliance with any
applicable laws, rules, or regulations, the City may withhold up to one hundred
(100) percent of said Contract funds until such time as the Subrecipient is found
to be in compliance by the City or is otherwise adjudicated to be in compliance, or
to exercise the City's rights under any security interest of the City arising
hereunder.
4
3. In the event of any termination, all finished or unfinished documents, data,
studies, surveys, maps, models, photographs, reports or other materials prepared by
Subrecipient under this Contract shall, at the option of the City, become the
property of the City, and Subrecipient shall be entitled to receive just and
equitable compensation for any satisfactory work completed on such documents or
materials prior to the termination.
4. This Contract, and the City's obligations under it, will automatically terminate in
the event of suspension or non -receipt of CDBG/HOME funds by the City.
VII. Administrative Requirements.
A. Financial Management.
1. Accounting Standards.
The Subrecipient agrees to comply with 24 CFR Part 85 and agrees to adhere to
the accounting principles and procedures required therein, utilize adequate
internal controls and maintain necessary source documentation for all costs
incurred.
2. Cost Principles.
The Subrecipient shall administer its program in conformance with OMB
Circulars A-122, "Cost Principles for Non -Profit Organizations", or A-21, "Cost
Principles for Educational Institutions", or A-87, "Cost Principles for State, Local,
and Indian Tribal Governments", as applicable; for all costs incurred whether
charged on a direct or indirect basis.
B. Documentation and Record -keeping.
1. Records to be Maintained.
The Subrecipient shall maintain all records required by the federal regulations
specified in 24 CFR Part 570.506 and that are pertinent to the activities to be
funded under this Contract. Such records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. When applicable, records demonstrating that each activity undertaken
meets one of the National Objectives of the CDBG program;
C. Records required to determine the eligibility of activities;
5
d. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG/HOME
assistance;
e. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG/HOME program;
f. Financial records as required by 24 CFR Part 570.502, and 24 CFR Part
85; and
g. Other records necessary to document compliance with Subpart K of 24
CFR 570.
2. Retention.
The Subrecipient shall retain all records pertinent to expenditures incurred under
this Contract for a period of five (5) years after the termination of all activities
funded under this Contract, or after the resolution of all Federal audit findings,
which ever occurs later. Records for non -expendable property acquired with funds
under this Contract shall be retained for five (5) years after final disposition of
such property. Records for any displaced person must be kept for five (5) years
after he/she has received final payment.
3. Client Data.
The Subrecipient shall maintain client data demonstrating client eligibility for
services provided. Such data shall include, but not be limited to: client name,
address, income level or other basis for determining eligibility, and description of
service provided. Such information shall be made available to City monitors or
their designees for review upon request.
4• Property Records.
The Subrecipient shall maintain real property inventory records which clearly
identify properties purchased, improved or sold. Properties retained shall continue
to meet eligibility criteria and shall conform with the "changes in use" restrictions
specified in 24 CFR Parts 570.503 (b) (8).
5. National Objectives.
When CDBG funding is used, the Subrecipient agrees to maintain documentation
that demonstrates that the activities carried out with funds provided under this
Contract meet one or more of the CDBG program's national objectives: (1)
benefit low/moderate income persons, (2) aid in the prevention or elimination of
slums or blight, or (3) meet community development needs having a particular
6
urgency, as defined in 24 CFR Part 570.208, specific documentation of which shall
be maintained in the project file.
6. Close-outs.
Subrecipient obligation to the City shall not end until all close-out requirements
are completed. Activities during this close-out period shall include, but are not
limited to: making final payments, disposing of program assets (including the
return of all unused materials, equipment, unspent cash advances, program
income balances, and receivable accounts to the City), and determining the
custodianship of records.
7. Audits and Inspections.
a. All Subrecipient records with respect to any matters covered by this
Contract shall be made available to the Subrecipient, the City, their
designee or the Federal Government, at any time during normal business
hours, as often as the Subrecipient or City deems necessary, to audit,
examine and make excerpts or transcripts of all relevant data. Any
deficiencies noted in audit reports must be fully cleared by the City within
thirty (30) days after receipt by the City. Failure of the Subrecipient to
comply with the above requirements will constitute a violation of this
contract and may result in the withholding of future payments.
b. Subrecipient acknowledges that the federal funds subgranted to it are
subject to the Single Audit of the City. The City, the U.S. Department of
Housing and Urban Development, the Comptroller General of the U.S. or
any of their duly authorized representatives or auditors, shall have access
to any books, documents, papers and records of the Subrecipient or its
auditors which are directly pertinent to the Contract for the purpose of the
City's Single Audit. All financial records pertaining to this Contract upon
completion shall remain the property of the City.
C. If Subrecipient expends $500,000 or more of federal awards (including, but
not limited to funds received from the City pursuant to this Agreement),
within any of its fiscal years during which this Agreement is in force,
Subrecipient agrees to have a Single Audit performed, at no cost to the
City, in accordance with the Single Audit Act Amendments of 1996 and
OMB Circular A-133. In the event that the expenditures of $500,000 or
more indicated above are all pursuant to this Agreement, Subrecipient may
elect to have a program -specific audit conducted in accordance with said
Act and Circular. Said audit shall be submitted to the Office of the
Controller of the City within nine (9) months after the end of
Subrecipient's fiscal year for which the audit is performed.
7
C. Monitoring and Evaluation.
The City reserves the right to monitor and evaluate the progress and performance of the
Subrecipient to assure that the terms of this Contract are being satisfactorily met in
accordance with City and other applicable monitoring and evaluating criteria and
standards. Subrecipient shall cooperate with City relating to such monitoring and
evaluation, and make available to the City any documents or other information requested
by the City or relevant to the City's monitoring and evaluation.
D. Reporting and Payment Procedures.
1. Budgets.
A detailed contract budget for Subrecipient's proposed project, as described in
Exhibit C, and the specific use of the funds provided to Subrecipient under this
and other City grant programs, is included as Exhibit A, attached hereto and
incorporated herein by this reference.. The City and the Subrecipient may revise
the budget from time to time in accordance with existing City policies, by
amendment of this Agreement.
2. Program Income.
The Subrecipient shall report yearly all program income, as defined at 24 CFR
570.500(a) generated by activities carried out with CDBG and/or HOME funds
made available under this Contract, including, but not limited to, any rental
income or income derived from the sale of the property. The use of program
income by the Subrecipient shall comply with the requirements set forth at 24
CFR 570.504. By way of further limitations, the Subrecipient may use such
income during the Contract period for activities described in the attached Scope
of Services and shall report any such income received and allocated to the Work
to the City and reduce requests for additional funds by the amount of any such
program income balances on hand. All program income not used in accordance
with this Section shall be returned to the City at the end of the Contract period.
Any interest earned on cash advances from the U.S. Treasury is not program
income and shall be remitted promptly to the City.
3. Indirect Costs.
If indirect costs are charged, the Subrecipient will develop an indirect cost
allocation plan for determining the appropriate City share of administrative costs
and shall submit such plan to the City for approval prior to submission of requests
for any payments for the same.
4. Payment Procedures.
8
The City will pay to the Subrecipient funds available under this Contract based
upon information submitted by the Subrecipient and consistent with any approved
budget and City policy concerning payments. With the exception of certain
advances, payments will be made for eligible expenses actually incurred by the
Subrecipient, and not to exceed actual cash requirements. Payments will be
adjusted by the City in accordance with advance fund and program income
balances available in Subrecipient accounts. In addition, the City reserves the
right to liquidate funds available under this Contract for costs incurred by the City
on behalf of the Subrecipient.
5. Progress Reports.
The Subrecipient shall submit regular Progress Reports to the City in the form,
content and frequency as required by the City.
E. Procurement.
1. Compliance.
The Subrecipient shall comply with current City policy concerning the purchase of
equipment and shall maintain an inventory record of all non -expendable personal
property as defined by such policy as may be procured with funds provided herein.
All program assets (unexpended program income, property, equipment, etc.) shall
revert to the City upon termination of this Contract, except as otherwise
specifically provided.
2. Applicable Standards.
The Subrecipient shall procure materials in accordance with the requirements of
24 CFR Part 85.36, covering procurement, and shall subsequently follow 24 CFR
Parts 85.31 and 85.32, covering utilization and disposal of property.
3. Relocation, Acquisition and Displacement.
The Subrecipient agrees to comply with 24 CFR 570.606 relating to the
acquisition and disposition of all real property utilizing grant funds and to the
displacement of persons, businesses, non-profit organizations and farms occurring
as a direct result of any acquisition of real property utilizing grant funds.
4• Property Acquired With Program Funds.
Subrecipient agrees to use all personal assets and all real property, acquired or
improved, in whole or in part, with CDBG/HOME funds, as set forth in Exhibit A.
In the event Subrecipient ceases to use a personal asset or real property acquired
9