HomeMy WebLinkAbout124004 CARE HOUSING - CONTRACT - AGREEMENT MISC - 8857704RECIPIENT 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 FORT COLLINS
HOUSING CORPORATION (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 Tide 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:
I. 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 January 1, 2009 to December 31, 2010 and shall be contingent upon full
compliance by Subrecipient with all terms and conditions set forth herein.
III. Payment.
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submit such plan to the City for approval prior to submission of requests for any
payments for the same.
4. Payment Procedures.
The City will pad- 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.
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In the event Subrecipient ceases to use a personal asset or real property, acquired 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/HONIE 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.
VIII. 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 die 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 111-46, 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
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
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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 I. 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, Iease or rental, or in the use or occupancy of such land, or in anv
improvements erected or to be erected thereon, providing that the Subrecipient and
die 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.
2. W/AIBE.
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
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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.
S. 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.
C. Employment Restrictions.
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.
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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 Safe", 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 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 anv, 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
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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 die areas
of the project.
The Subrecipient certifies and agrees that no contractual or other disability
exists which would prevent compliance with the requirements.
b. Nodfications.
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 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.
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
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written consent of the City thereto; provided, however, that claims for money due or
to become due to the Subrecipient from the Cite 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
hinds under the HOME and/or CDBG Entitlement program.
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.
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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
570.2000). See also Exhibit E.
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 Policv 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.
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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 constricted 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
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 herei 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-.
TTEST:
Citv C
�0
A PRO D TO FORM:
Deputy City attorney
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THE CITY OF FORT COLLINS, COLOR_1DO
A Municipal Corporatio
Bv: Date �- 6
Darin A. Atteberrv, City Manager
FORT G I-iI\� F - LSING CORPORATION
B%-: Date
Ti : e ent /1o`
Fed. I.D. Number: 7.1-2177138
19
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 HOME CHDO funding of ONE HUNDRED SLYTEEN
THOUSAND EIGHT HUNDRED TWENTY AND NO/100 ($116,820.00) for a total of ONE
HUNDRED SIXTEEN THOUSAND EIGHT HUNDRED TWENTY AND NO/100
($116,820.00) 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 Cites obligation to make payment to the Subrecipient hereunder
exceed ONE HUNDRED SIXTEEN THOUSAND EIGHT HUNDRED TWENTY AND
NO/100 ($116,820.00) 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
Fort Collins Housing Corporation
1715 West Mountain Avenue
Fort Collins CO 80521
Phone #970-416-2917
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 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.
A.1: COMPLIANCE WITH C.R.S. § 24-76.5-103 (HB1023): Proof of Lawful Presence
Subrecipient acknowledges that the funds are a "public benefit" within the meaning of
C.R.S. § 24-76.5-103. As such, the Subrecipient shall ensure compliance with C.R.S. 5 24-76.5-103
by performing the required verifications. Specifically, when required the Recipient shall ensure that:
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EXHIBIT A
SCOPE OF SERVICES
1. Project Description and Objectives: The Fort Collins Housing Corporation will
rehabilitate 10 of the 26 units of the Village on Leisure. Funding will be in the form of a
due on sale loan with a 5% simple interest on the principal paid upon sale or transfer of
the property or at such time as the use of the property fails to meet a CDBG National
Objective or HOME CHDO qualification. HOME CHDO funds in the amount of
$116,820 will be used solely for rehabilitation of 10 units.
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°- o of the area median income. Income limits are attached to this
document as Exhibit `13-1" 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.
4. Affordability — Rental: This project contains 10 HOME -Assisted units. To insure the housing
remains affordable to low and moderate income persons, 80°-0 of the HOME -assisted rental
units (8 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° o of adjusted income for households at 650 0 of area median income minus tenant
paid utilities. The minimum rent allowed must be no less than 30°io 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. The Affordability period of the HOME -assisted units is 5 years.
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 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 CDBG or
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 H0NME/CDBG requirements, and must be reported quarterly
to die City.
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8. Contract Administration. Fort Collins Housing Corporation shall be responsible for the
administration of the contract.
9. City Monitoring. The City of Fort Collins HOIE and CDBG Program will monitor this
project.
10. 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: This project does not require Davis -Bacon
considerations due to having less than 12 HO`IE-assisted units.
11. Time of Performance. The Project shall commence upon the full and proper execution of this
Contract and shall be completed on or before December 31, 2010. 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 December 31, 2010 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 December 31, 2010
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EXHIBIT B-2
HOME Rents (current as of 3/ 19/08) (includes utilities)
2008 Fair Market Rents (10/01 /2008)
Rent
0-bdrm
1-bdrm
2-bdrm
3-bdrm
4-bdrm
Low
555
666
807
975
108?
HOME
High
555
666
8O
1175
1356
HOME
574
688
845
1214
1415
FAIR
MARKS
T
SLOmoi� ent
656
703
8�13
975
1087
e n t
834
894
1076
1231
1356
Li�0/1)
VILLAGES ON LEISURE
2700 — 2756 Leisure Drive
Fort Collins CO 80525
EXHIBIT C
PROJECT BUDGET
Funding Available: $116,820.00 (HOME CHDO)
Eligible Costs:
Construction/Rehab $105,138.00
General Contractor (10°/)) 11,682.00
Total
VILLAGES ON LEISURE
2700 — 2756 Leisure Drive
Fort Collins CO 80525
$116,820.00
EXHIBIT D
Legal Description
2700 - 2704 Leisure Drive
Lot Five (5) and the North 6.23 feet of Lot Siff (6), Replat of Lots 19, 20, 21, 22, Tract
"B" and a part of Lot 18, Fahrenbruch Leisure Village, Third Filing, City of Fort Collins,
County of Latimer, State of Colorado.
2706 Leisure Drive
Lot 6, Except the North 6.23 feet thereof, and except the South 13.16 feet thereof.
Replat of Lots 19, 20, 21, and 22 Tract "B", and a part of Lot 18 of Fahrenbruch Leisure
Village Third Filing, according to the Recorded Plat thereof. County of Larimer, State of
Colorado.
2738 Leisure Drive
Lot 17 and a part of Tract A, all in Fahrenbruch Leisure village, Third Filing,
including the Replat of Lots 8, 9, 10, 11, 12, 13, and a portion of Lot 4 of Fahrenbruch Leisure
Village, Second Filing, according to the recorded Plat thereof, which is more particularly
described as follows: Begin at the Northeast comer of said Lot 17, run thence N. 89 degrees
51' 35" E 45.00 feet; thence S. 00 degrees 08' 25" E. 140.03 feet; thence S 89 degrees 46" W
180.17 feet to a point on the Easterly line of Leisure Drive; thence along said Easterly line
along the arc of a 50.0 foot radius curve to the left; a distance of 67.92 feet, the long chord of
which bears N 43 degrees 34' 45" W. 62.81 feet, and again along the arc of a 15.00 foot radius
curve to the right a distance of 16.28 feet, the long chord of which bears N 51 degrees 24' W.
15.49 feet, and again along the arc of a 90.00 foot radius curve to the right a distance of 53.16
feet, the long chord of which bears N 03 degrees 23' 15" W. 52.39 feet, and again N 13
degrees 32' E. 33.67 feet, thence 89 degrees 51' 35" E. 185.45 feet to the Point of Beginning,
County of Latimer, State of Colorado.
2748 Leisure Drive
Lot 16, and a part of Lot 15 and a part of Tract A, all in Fahrenbruch Leisure Village,
third filing, including the replat of lots 8, 9, 10, 11, 12, 13, and A portion of Lot 4 of
Fahrenbruch Leisure Village, second filing, which is more particularly described as follows:
VILLAGES ON LEISURE
2700 — 2756 Leisure Drive
Fort Collins CO 80525
Begin at the Southwest comer of said Lot 16 and run thence North 00 degrees 08' 25" West
53.00 feet; thence North 44 degrees 48' 45" East 11.32 feet; thence North 00 degrees 08' 25"
West 107.00 feet; thence North 89 degrees 46' East 114.00 feet; thence South 00 degrees 08'
25" East 168.00 feet; thence South 89 degrees 46' West 122.00 feet to the point of beginning,
according to the recorded Plat thereof, City of Fort Collins, County of Larimer, State of
Colorado.
2756 Leisure Drive
Lot 15, less the East 5 feet thereof, Fahrenbruch Leisure Village, Third Filing,
including the replat of lots 8, 9, 10, 11, 12, 13, and a portion of lot 4 of Fahrenbruch Leisure
Village, Second Filing, according to the recorded Plat thereof, City of Fort Collins, County of
Larimer, State of Colorado. Also: A portion of Tract A, of the Fahrenbruch Leisure Village,
third Filing, including the replat of lots 8, 9, 10, 11, 12, 13, and a portion of lot 4, of the
Fahrenbruch Leisure Village, Second Filing, which is more particularly described as follows:
Beginning at a point on the North line of Lot 15 which bears south 89 degrees 46' West 5.00
feet from the Northeast corner of Lot 15, and runs thence North oo degrees 08' 25" West
35.00 feet; thence South 89 degrees 46' West 66.17 feet to a point on the Easterly right-of-way
of Leisure Drive, thence along said Easterly line along the arc of a 50.00 foot radius curve to
the right a distance of 37.48 feet, the long chord of which bears South 16 degrees 48'25" West
36.61 feet; thence North 89 degrees 46' East 76.84 feet to the point of
2705 — 2707 — 2709 — 2711 Leisure Drive
Lot Two (2), together with an undivided 1/71h interest in and to Tracts A and B,
Thunderbird Plaza, the replat of Lots 1, 2, 3, 4, 5, and 6 and a portion of Tract A of
Fahrenbruch Leisure Village Third filing, according to the recorded Plat thereof, City of
Fort Collins, County of Larimer, State of Colorado.
beginning, City of Fort Collins County of Latimer, State of Colorado.
VILLAGES ON LEISURE
2700 — 2756 Leisure Drive
Fort Collins CO 80525
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 E.
(ii) 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, Subrecipient 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 Subrecipient
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
CDBG funds.
City acknowledges that the Scope of Services provided by Subrecipient herein may fall
within several exceptions to the verification requirements of C.R.S. § 24-76.5-103 for non -profits.
For example, certain programs, services, or assistance such as, but not limited to, soup kitchens,
crisis counseling and intervention, short-term shelter or prenatal care are not subject to the
verification requirements of C.R.S. § 24-76.5-103.
A.2: COMPLIANCE %Y,,'ITH C.R.S. S 8-17.5-101 (HB 1343): Prohibition Against
Employing Illegal Aliens
Subrecipient represents and agrees that:
1. As of the date of this :agreement:
A. Subrecipient does not knowingly employ or contract with an illegal alien; and
B. Subrecipient 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 Subrecipient does not employ any illegal
aliens.
2. Subrecipient shall not knowingly employ or contract with an illegal alien to perform works
under this Agreement or enter into a contract with a subcontractor that fails to certify to
Subrecipient that the subcontractor shall not knowingly employ or contract with an illegal
alien to perform work under this Agreement.
VILLAGES ON LEISURE
2700 — 2756 Leisure Drive
Fort Collins CO 80525
3. Subrecipient shall continue to apply to participate in the Basic Pilot Program and shall in
writing verify same every- three (3) months thereafter, until Subrecipient is accepted or the
public contract for services has been completed, whichever is earlier. The requirements of
this section shall not be required or effective if the Basic Pilot Program is discontinued.
4. Subrecipient is prohibited from using Basic Pilot Program procedures to undertake pre-
employment screening of job applicants while this Agreement is being performed.
5. If Subrecipient obtains actual knowledge that a subcontractor performing work under this
Agreement knowingly employs or contracts with an illegal alien, Subrecipient shall:
A. Notify such subcontractor and the City within three days that Subrecipient has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
B. Terminate the subcontract with the subcontractor if within 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 Subrecipient 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.
6. Subrecipient shall comply with any 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 authoriq established in Subsection
8-17.5-102 (5), C.R.S.
7. If Subrecipient violates any provision of this Agreement pertaining to the duties imposed
by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement
is so terminated, Subrecipient shall be liable for actual and consequential damages to the City
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 Subrecipient violates this provision of this
Agreement and the City terminates the Agreement for such breach
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
VILLAGES ON LEISURE
2700 — 2756 Leisure Drive
Fort Collins CO 80525
Unemployment Compensation, FICA, retirement, life and/or medical insurance and
\Yorkers' 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 indemnih' 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
Citv.
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 Citv 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
VILLAGES ON LEISURE 5
2700 — 2756 Leisure Drive
Fort Collins CO 80525
activities to be undertaken as part of this Contract, such modifications will be incorporated
onlv 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 anv 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.
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 automadcallv terminate in the
event of suspension or non -receipt of CDBG/HOivIE funds by the Citv.
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 O1%iB 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.
VILLAGES ON LEISURE 6
2700 — 2756 Leisure Drive
Fort Collins CO 80525
I. Records to be Ma-intaM* ed.
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;
d. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG/HO`IE
assistance;
C. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG/HOME program;
£ 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 h 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.
VILLAGES ON LEISURE 7
2700 — 2756 Leisure Drive
Fort Collins CO 80525
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 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 Citv, the L.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 S500,000 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,
VILLAGES ON LEISURE 8
2700 — 2756 Leisure Drive
Fort Collins CO 80525
in accordance with the Single Audit Act Amendments of 1996 and ONIB
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.
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.
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.
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
VILLAGES ON LEISURE
2700 — 2756 Leisure Drive
Fort Collins CO 80525