HomeMy WebLinkAbout126562 HOUSING AUTHORITY FOR THE CITY OF LOVELAND - CONTRACT - AGREEMENT MISC - 8857706RECIPIENT CONTRACT FOR
AFFORDABLE HOUSING FUNDS
THIS CONTRACT is entered into this day of .200 by and between
THE CITY OF FORT COLLINS. COLORADO, a municipal corporation (hereinafter referred to as
"the City") and LARIMER HOME IMPROVEMENT PROGRAM (LaHIP), a Colorado non-profit
corporation, (hereinafter referred to as "the Recipient).
WITNESSETH:
WHEREAS, Recipient is a private, non-profit corporation, regulated by Section 501(c)(3) of
the Internal Revenue Code; and
WHEREAS, the City desires to provide LaHIP with Affordable Housing Funds to rehabilitate
properties that will serve very low income families of Fort Collins, and believes that funding the
Recipient will further this objective; and
WHEREAS, providing housing for very low income families through the efforts of the
Recipient furthers the City's overall housing program goals; and
WHEREAS, the parties hereto desire to set forth their respective commitments and
understandings in achieving the above -stated objective.
NOW, THEREFORE, in consideration of the mutual promises of the parties and other good
and valuable consideration, it is agreed as follows:
1. WORK TO BE PERFORINIED By RECIPIENT.
The Recipient agrees to rehabilitate approximately thirty-one (31) affordable housing units
which will include approximately six (6) comprehensive home rehabilitations improvements and
approximately twenty five (25) emergency home repairs. The properties will be occupied by
households earning at or below 80% of Fort Collins Area Median Income (AMI). In consideration of
the performance of said repair work by contractors of the Recipient. the City will provide affordable
housing funding in the amount established in Paragraph 2 hereof, which funds shall be used for
rehabilitation purposes only on real property which is within the "city limits" of Fort Collins.
The home improvement rehabilitation projects of the Recipient, when completed, shall
comply with the Department of Housing and Urban Development Section 8 Housing Quality
Standards for Existing Housing as provided in 24 C.F.R. 882.109 as well as all applicable local and
state building codes and regulations.
2. PAY;INIENT.
In consideration of the work to be performed by the Recipient. the City agrees to provide to
the Recipient the sum of One Hundred Thousand Dollars ($100.000.00) as a grant for the ongoing
operation of the home improvement and emergency repair programs in the City of Fort Collins. The
City's obligation to provide finding tinder this Contract shall terminate as described in paragraph
four (4) and shall be contingent upon full compliance by the Recipient with all terms and conditions
as set forth herein.
3. AFFORDABILITY.
The Property occupants must be households earning at or below 80% of Area Median
Income. The Recipient shall qualify the households applying for housing assistance and counsel
them on the responsibility of maintaining their properties upon receiving assistance. during the term
of this Contract.
4. TERM.
The term of this Contract shall continue in force until the finding has been expended or the
work as described in paragraph one (1) has been completed or five (5) years have elapsed from the
date hereof. whichever shall first occur.
5. PROJECT iMONITORING.
The City will monitor the performance of the Recipient against the performance standards
required herein. Substandard performance as determined by the City will constitute default hereof.
The Recipient shall maintain all eligibility documentation on the Occupants that supports the low-
income benefit criteria of such Occupants for a period of twenty (20) years from the date of
assistance.
6. PROGRAM INCOME.
Program income generated from the repayment of rehabilitation loans shall be used by
Recipient to provide on -going housing rehabilitation and emergency repairs for very -low- and low=
income families.
%. TERMINATION/DEFAULT.
This Contract may be terminated by the City in the event of default by the Recipient. If the
Recipient dissolves its corporate status. becomes inactive, becomes insolvent, or otherwise fails to
comply with the terms of this Contract. Recipient may be declared in default. In the event of default.
the Recipient shall remit to the City all monies heretofore paid by the City to Recipient under this
Contract.
8. INS1 RALNCE.
Recipient agrees at all times to keep in full force and effect commercial general liability
insurance. and fire and casualty insurance in an amount not to be less than the value of all
improvements on the rehabilitated property or as required by state or federal law.
9. COMPLIANCE WITH STATE IMMIGRATION LAW
SECTION 1.1 COMPLIANCE WITH LAWS
The Recipient. in performance of this ,Agreement, agrees to comply %k ith all applicable
Federal. State and Local Laws and ordinances, and other policies and guidelines established for
the City of Fort Collins. Recipient agrees to comply with all provisions of the Americans with
Disabilities Act and all regulations interpreting or enforcing such act.
SECTION 1.2 COMPLIANCE WITH C.R.S. § 24-76.5-103 (HB1023): Proof of Lawful Presence
Recipient acknowledges that the City's Affordable Housing Funds are a "Public benefit."
As such, the Recipient shall ensure compliance with C.R.S. ` 24-76.5-103 of State statute by
performing the required verifications. Specifically, «iten required the Recipient shall ensure that:
a. If the public benefit provided by the funds flows directly to a natural person (i.e., not a
corporation, partnership, or other legally -created entity) 18 years of age or older, he/she must do
the following:
(i) complete the affidavit attached to this Agreement as Exhibit "C".
0i) attach a photocopy of the front and back of one of the following forms of identification: a
valid Colorado driver's license or Colorado identification card: a United States military card or
military dependent's identification card: a United States Coast Guard Merchant Mariner
identification card: or a Native American tribal document.
b. If an individual applying for the benefits identified herein executes the affidavit stating
that he/she is an alien lawfully present in the United States. Recipient shall verify his/her lawful
presence through the federal systematic alien verification or entitlement program. known as the
"SAVE Program," operated by the U.S. Department of Homeland Security or a successor
program designated by said department. In the event Recipient determines through such
verification process that the individual is not an alien lawfully present in the United States. the
Recipient shall not provide benefits to such individual with the City's Affordable Housing Funds.
City acknowledges that the Scope of Services provided by Recipient herein may fall
within several exceptions to the verification requirements of C.R.S. e 24-76.5-103 for non-
profits. For example, certain programs, services. or assistance such as, but not limited to. soup
kitchens, crisis counselin- and intervention. short-term shelter or prenatal care are not subject to
the verification requirements of C.R.S. § 24-76.5-103.
SECTION 1.3 C0NN9PLIANCE WITH C.R.S. § 8-i7.5-101 (HB 1343): Prohibition Against
Employing Illegal Aliens
Recipient represents and agrees that:
As of the date of this Agreement:
Recipient does not knowingly employ or contract with an illegal alien; and
Recipient has participated or attempted to participate in the basic pilot employment verification
program created in Public Law 208. 104th Congress. as amended, and expanded in Public Law
156. 108th Congress, as amended. administered by the United States Department of Homeland
Security (the "Basic Pilot Program") in order to verify that Recipient does not employ any illegal
aliens.
Recipient shall not knowingly employ or contract with an illegal alien to perform works
under this Agreement or enter into a contract with a subcontractor that fails to certify to Recipient
that the subcontractor shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement.
Recipient shall continue to apply to participate in the Basic Pilot Program and shall in
writing verity same every three (3) months thereafter, until Recipient is accepted or the public
contract for services has been completed, whichever is earlier. The requirements of this section
shall not be required or effective if the Basic Pilot Program is discontinued. Recipient is
prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of
job applicants while this Agreement is being perfonned.
If Recipient obtains actual knowledge that a subcontractor performing work under this
Agreement knowingly employs or contracts with an illegal alien. Recipient shall:
Notify such subcontractor and the City within three days that Recipient has actual knowledge that
the subcontractor is employing or contracting with an illegal alien. and
Terminate the subcontract with the subcontractor if within three days of receiving the
notice required pursuant to this section the subcontractor does not cease employing or contracting
with the illegal alien: except that Recipient shall not terminate the contract with the subcontractor
if during such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien.
Recipient shall comply with anv reasonable request by the Colorado Department of Labor
and Employment (the "Department") made in the course of an investigation that the Department
undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5).
C.R.S.
4
If Recipient violates any provision of this Agreement pertaining to the duties imposed by
Subsection 8-17.5-102. C.R.S. the City may terminate this Agreement. If this Agreement is so
terminated. Recipient shall be liable for actual and consequential damages to the City arising out
of Contractor's violation of Subsection 8-17.5-102. C.R.S.
The City will notify the Office of the Secretary of State if Recipient violates this
provision of this Agreement and the City terminates the Agreement for such breach.
10. GENERAL PROVISIONS.
A. Notices. Communications and details concerning this Contract shall be directed to the
follo%vin- Contract representatives:
L i ty
Affordable Housing Program
Advance Planning Department
City of Fort Collins
P.O. Box 580
Fort Collins. CO 80522-0580
(970) 221-6376
Recipient
Program Director
Larimer Ilome Improvement Program
375 W. 371h Street STE 200
Loveland CO 80538
(970) 27?-9904
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 Recipient 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.
C. No Third Part\ Beneficiaries. None of the terms or conditions of this Contract shall give
or allow any claim, benefit. or right of action by any third person not a party hereto.
D. No Co -Partnership. Nothing contained in this Contract is intended or shall be construed
as in any way establishing the relationship ofco-partners or joint venturers between the parties hereto
or as construing the Recipient, including its agents and employees, as an agent of the City.
E. Indemnification. Recipient shall indemnify and save harmless and defend the Citv, its
officers, and employees, against all claims, liabilities, damages, tines, penalties, and costs arising
during or after the term of this Contract from any work done or provision made by Recipient, or
Recipient's employees, agents or subcontractors. arising out of or resulting from performance of this
Contract.
F. Entire Agreement/Governing Law. The provisions set forth in the Contract, 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.
G. Binding Fffect/Assignability. This Contract shall be binding upon the parties hereto and
their respective successor and assigns. This Contract shall not be assigned or transferred by the
Recipient to any other party without the written consent of the City.
H. Fair Meaning/Amendment/Waiver/Invalidation. The provisions of this Contract shall be
construed as to there fair meaning. and not for or against any party based upon any attributes to such
party of the source of the languaL e in question. This Contract may be amended only by mutual
agreement ofthe parties set forth in writing. No waiver of any breach ordefault under this Contract
shall be a waiver of any other or subsequent breach or default. Invalidation of any specific provision
of this Contract shall not affect the validity of any other provision of this Contract.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first written herein above.
CITY:
THE CITY OF FORT OLLTS, COLORADO
a Municipal Co atioi
Date:
FORT CD Darin Atteberry, City Manager
O.•......,. < �,
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TTEST: u ` APPROV. AS TO FORM:
J
City Clerk D ty ity orney
RECIPIENT: LARIMER HOME IMPROVEMENT PROGRAM
a/k/a LaHIP
Date: By:
Sam Betters, Present of the Board
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this 1 day o�p/LLey- 20joy Darin
Atteberry. as City Manager and Wanda Krajicek, as City Clerk of the City of Fort Collins. Colorado,
a Colorado municipal corporation.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires:
2-&-a9
STATE OF COLORADO 1
)ss.
COUNTY OF LARIMER )
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?r NOTARY ':`)
Notary Public
PUBLIC ;
Subscribed and sworn to before me this �5 rl day of 20O
by Sam Betters, President of the Board and Amy Irwin as Program Director for the Larimer Home
Improvement Program, a Colorado non-profit corporation. \\\\\`0\\j iiiNEC// /X�''�,
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WITNESS MY HAND AND OFFICIAL SEAL. [ �E A�&q 4
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My commission expires:0IF'CO;
Notary Public X/L'&