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HomeMy WebLinkAbout129491 FORT COLLINS HOUSING CORPORATION - CONTRACT - AGREEMENT MISC - 9957617RECIPIENT 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 FT. COLLINS HOUSING CORPORATION, INC, a Colorado nonprofit 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 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: 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 subloan the funds to the Village on Stanford, LLLP, a Colorado limited liability limited partnership (the "Owner"), and require that the Owner 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 Owner 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 Owner 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, K below, this Contract shall be in effect as long as the Owner retains control over properties which utilize Community Development Block Grant (" CDBG") and/or HOME funds for acquisition, construction or rehabilitation of affordable housing, including income generated from the funds. The City's obligation to provide funding under this Contract shall be from October 1, 2009 to September 30, 2011 and shall be contingent upon full compliance by Owner with all terms and conditions set forth herein. 6. Close-outs. The obligations to the City shall not end until all close-out requirements are completed including repayment of any outstanding loans and completion of the affordability period. 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 O) months after the end of Subrecipienes fiscal pear foi which the audit is performed. C. Monitoring and Evaluation. The City reserves the right and is required 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 10 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. 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. 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. 11 5. Progress Reports. The Subrecipient shall submit regular Progress Reports to the City on a quarterly basis until project completion and on a yearly basis thereafter or as required by the Scope of Services. Quarterly reports shall include a narrative description of progress, percentage of work completed, funds expended, and any issues or problems. During any required period of affordability, the recipient will submit a yearly occupancy report and the City may require submission of a yearly audit. 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. Relocation, Acquisition and Displacement. The Subrecipient agrees to comply with 24 CFR 570.606 and 92.353 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 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. 12 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 a deed of trust, from the Owner to the City which shall constitute evidence of the security interest in said property under this Agreement which the City deems appropriate, based upon the nature of the property, the Scope of Services, the potential term of the security interest, and such other reasonable consideration 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. 1. 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.RS., 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 in accordance with 24 CFR 92.350. 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 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. The Subrecipient will serve all eligible beneficiaries without regard to religion and may not restrict housing to people of a particular religion or by reason of their participation (or lack thereof) in religious activities. 3. Land Covenants. 13 This contract is sub)ect 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 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 for such transfer, prohibiting discrimination as herein defined, in the sale, 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 City shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Contract. All common spaces must be made accessible in accordance with the Uniform Federal Accessibility Standards. B. Affirmative Action. 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/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 fift�,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. 14 The Subrecipient shall furnish and cause the Owner 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. 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. 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 shall prohibit Owner 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. In addition (1) no Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to anyperson for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and (2) if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant loan or cooperative agreement, the undersigned shall 15 complete and submit Standard Form LLL, "Disclosure Foun to Report Lobbying," in accordance with its instructions. 2. OSHA - There 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 C'FR 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 any, to require payment of the higher wage. 5. "Section 3" Clause. a. Compliance. 16 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 Owner and 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. Construction Standards: For properties undergoing construction and rehabilitation, all units must meet all City codes and ordinances at the time of completion. Certificates of Occupancy must be submitted at project completion. For new construction of multifamily projects with four or more units, all of the units in buildings with elevators and all of the ground floor units in buildings without elevators must meet the design and construction requirements of the Fair Housing Act. The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts after the effective date of 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 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. 17 C. Subcontracts. The Subrecipient will require Owner to include this Section 3 clause in every subcontract executed after the date of this Agreement and will take appropriate action pursuant to such subcontracts upon a finding that the Owner is in violation of regulations issued by the City. The Subrecipient will not subcontract with Owner if it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not permit Owner to subcontract unless the Owner has fast 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 written consent of the City thereto; provided, however, that Subrecipient may require that Owner fulfill all applicable obligations of the Subrecipient hereunder; and provided further 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. 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. 18 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 require Owner to cause all of the provisions of this Contract in its entirety to be included in and made a part of any subcontract executed after the date of this Contract. d. Selection Process. The Subrecipient shall undertake to ensure that all subcontracts executed after the date 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 shall require Owner to agree 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. The recipient cannot require a beneficiary to participate in inherently religious activities; however, a faith -based organization may retain its independence to carry out its mission, including allowing a Board of Directors to be selected based on religious practice. 6. Fair Housing. All housing (for sale or rent) assisted with funding through the City must be made available without discrimination based on race, color, national origin, age, sex, religion, familial status or disability according to Title VIII of the City Rights Act of 1968, Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, Executive Orders 11063 and 12259 — Equal Opportunity in Housing, Section 504, Title II of the Americans with Disabilities Act. IX Environmental Conditions. 19 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 FY08 HOME funding of NINETY EIGHT THOUSAND FOUR HUNDRED TWENTY NINE AND N0/100 ($98,429.00) DOLLARS and FY09 CDBG PROGRAM INCOME OF THIRTY FOUR THOUSAND TWO HUNDRED TWENTY FIVE AND NO/ 100 ($34,225.00) DOLLARS and FY 09 REGULAR CDBG FUNDS OF EIGHTY SIX THOUSAND EIGHT HUNDRED EIGHTY AND N0/100 ($86,880.00) DOLLARS for a total of TWO HUNDRED NINETEEN THOUSAND FIVE HUNDRED THIRTY FOUR AND N0/100 ($219,534.00) 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 City's obligation to make payment to the Subrecipient hereunder exceed TWO HUNDRED NINETEEN THOUSAND FIVE HUNDRED THIRTY FOUR AND NO/100 ($219,534.00) DOLLARS. Payments maybe made during the term of this Contract once a month in cases covering reimbursement for operation costs, otherwise upon presentation of vouchers accompanied by invoices or receipts showing date paid. 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. For projects funded with HOME dollars and certain CDBG-funded projects, a retainage of 10% of the loan amount will be withheld until successful completion of the project and submittal to the City of all required documentation. All funds are provided as a "due -on -sale loan" at zero -percent interest unless otherwise specified in the Scope of Services. Loans also require payment of five percent of the total loan amount to cover the cost of administering the loan, which payment shall be made to the City at the pay-off of the loan. All loans are due in full upon sale or transfer or in the event the property fails to meet eligibility requirements or a national objective, or the applicant commits fraud, deceit or misrepresentation in obtaining funding. IV. Notices. Communications and details concerning this Contract shall be directed to the following Contract representatives: City of Fort Collins: CDBG/HOME Administrator Subrecipient: Executive Director Advance Planning Department Ft. Collins Housing Corporation 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 shall require Owner to agree 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 US.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 shall require Owner 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 shall require Owner to agree 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 shall require Owner to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 US.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. 20 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 MY, and all attachments to this Contract; and the applicant's corresponding application for die City's Competitive Process, and the applicant's verbal presentation before the CDBG Commission, the PromissoryNote(s), the Deed(s) of Trust, and the Agreement of Restrictive Covenants for Real Property and any other applicable legal documents, 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 binding upon the parties, their agents, representatives, successors and assigns. This Contract shall be governed under the laws of the State of Colorado. 21 IN WITNESS WHEREOF, the parties have executed this Contract as of the date of the most recent signatory. APP VE TO F RM: Deputy City Attorney ATTEST: 4(,,,,"., B and Sec'retA ( rpo_rarx Seal} T A FT. COLLINS HOUSING CORPORATION By: % Date / a Z p Titfr6ard Pres' ent Fed. I.D. Number. 74-2177138 DUNS# : 619233054 22 ilk EXHIBIT A SCOPE OF SERVICES 1. Project Description and Objectives: The Village on Stanford rehabilitation project will provide energy upgrades and other improvements to ensure that the property remains permanently affordable and viable. 2. Amount of award, source of funding: FY08 HOME funds $ 98,429 FY09 CDBG Program Income $ 34,225 FY09 CDBG Entitlement $ 86,880 Total $ 219,534 Please note: This project also uses $230,466 in FY08 CDBG-R funding which has a separate contract. 3. Terms of the Loan: Payable with a 5% service fee; at once upon the occurrence of the first of the following events: (1) sale or transfer of any interest in the property, except in the case of foreclosure or as is otherwise allowed pursuant to this Deed of Trust, or (2) Grantor fails to utilize the real property secured by this Deed of Trust as housing to benefit a client population consisting of households with gross incomes of 80% of median or less or (3) forty years from the date of the Promissory Note. 4. Project Address, number of units in the project and number of accessible ,units: 2613 Stanford Road 2701 Stanford Road The project contains 82 one- and two -bedroom apartments. A portion of the project will involve creating 5 accessible units. 5. Legal Description: 2613 Stanford Road: Lot 4, Less S 43 FT, Fahrenbruch Leisure Village 2nd 2701 Stanford Road: Lot 23, Fahrenbruch Leisure Village 3r' 6. Number of units by bedroom size and the subsidy per unit: 53 one -bedroom units $2,651 per unit 29 two -bedroom units $2,725 per unit 7. Affirmative Marketing: Projects with five (5) or more units must have an Affirmative Marketing Plan including minority and women outreach requirements and outreach to persons 23 with disabilities submitted to and approved by the City prior to the release of funds. The marketing plan must include a description of the practices that will be required to carry out the plan and the specific procedures to be followed to inform and solicit applications from persons needing special outreach. Records of such actions are to be kept for the duration of the affordability period which maybe reviewed by the City on an annual basis. 8. Low and Moderate Income Benefit. The units are/are not currently occupied by households with income to or less than 50% of the area median income. If funded by HOME: the Subrecipient shall insure that 90% of the total HOME -assisted units (no units) 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 (one unit) 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 (no 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. If funded by CDBG, the Subrecipient shall insure that 51% of the units in the project shall be rented to households at 80% or less of the Area Median Income. The Subrecipient shall determine annual income of the Project beneficiaries using Section 8 Housing Program income definitions as per 24 C -R Part 813. 9. Affordability — Rental: To insure the housing remains affordable to low and moderate income persons, 80% of the HOME -assisted rental units (one unit) 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. For all City funding, 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 annuallybythe Cityfor 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 Subrecipient 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. For one HOME -assisted unit, the amount expended is $98,429 and requires an affordabilityperiod of not less than fifteen (15) years. 10. 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. The period of affordability for this project is fifteen (15) years regardless of repayment of loan and/or transfer or sale of the property. 11. 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. Leases must specify that tenants must receive at least 30 days written notice prior to implementing a rent increase. The lease may not contain any of the prohibited lease terms listed 2q in 24 CFR Part 92.253(b). In addition, all leases must complywith applicable state or local tenant -landlord laws. 12. Program Income: All revenues received by the Subrecipient which result directly from an 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/CDBG requirements, and must be reported annually to the City. The City will, as allowed byHUD, permit the Subrecipient to keep all program income generated by the assisted activity to be used to benefit the activity for as long as the activity meets a CDBG National Objective. 13. Contract Administration. The City is responsible for providing the following information to the Subrecipient yearly as it becomes available: income limits, rent limits, utility allowances and any changes to HUD requirements that may affect the management of the project. The Subrecipient shall be responsible for.the timely completion of the Scope of Services requirements 14. City Monitoring. The City is responsible for the monitoring of this project for the duration of the loan and required affordabilityperiod. On -site monitoring will be done according to the following schedule: if there are one to four units in the project, monitoring will be done every three years; if there are 5-25 units in the project, monitoring will be done every two years; and projects with 26 or more units will be monitored yearly. 15. Housing Standards. These units will, at a minimum, meet HUD's Housing Quality Standards (24 CFR, Section 982.401 and 92.251, incorporated by reference), including lead -based paint requirements at 24 CFR Part 35 and all applicable local and state building codes and standards. 16. Davis -Bacon Fair Labor Standards: This contact is subject to the Davis -Bacon requirements for the following reason: the project contains 8 or more units for the CDBG threshold. When applicable, the Subrecipient shall comply with all the requirements of the Davis -Bacon Fair Labor Standards Act and keep all required records which will be available to the Department of Housing and Urban Development upon request. 17. 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, 2011. However, the Project time of Performance maybe 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, 2011 and shall include a full justification for the extension request. 18. If New Construction: Not applicable. 19. If the Subrecipient is a Community Housing Development Organization: All recipients of CHDO funds must establish and implement a plan for tenant participation in management decisions and establish a fair lease and grievance procedure which must be approved by the City prior to release of funds. Single Family Housing Developer Roles and Responsibilities: No applicable. /is EXHIBIT A-2 SCHEDULE FOR COMPLETION The project shall be completed on or before September 30, 2011. /zg EXHIBIT B-1 INCOME LIMITS 2009 Income Limits Income Limits (as of 03/19/2009) 2009 Median Income for a Family of 4: $75,200 (Fort Collins/Loveland Metropolitan Statistical Area) Household Members Income 9. -7, 100% of median 52,625 60,125 63,320 75,200 81,187 87,187 93,187 99,187 80% of median 42,100 48,100 54,150 60,150 64,950 69,750 74,550 79,350 60% of median 31,575 36,075 37,992 45,120 48,712 52,312 55,912 59,512 501K of median 26,300 30 100 33,850 37,600 40,600 1 43,600 1 46,600 1 49,600 30% of median 15,800 18,050 20,300 22,550 24,350 1 26,150 1 27,950 1 29,250 50 - 80%: Low Income Below 50%: Very Low Income Below 30%: Extremely Low Income ArT7 EXHIBIT B-2 HOME Rents (10/01/2008) (includes utilities) Rent 0='bdrm 1=:bdrm 2=:bdrm 3-bdrm 4drm Low 555 666 807 975 1087 HOME High 555 666 807 1175 1356 HOME FAIR 574 688 845 1214 1415 MARKET t0°-tent 656 703 843 975 1087 f5°moitent 834 894 1076 1234 1356 Initial rent schedule for HOME projects only: The following is the maximum and minimum rents for EACH unit in the project: ONE 1-bedroom unit at $666 per month. /Zlf EXHIBIT C PROJECT BUDGET Please note: The Sources and Uses statement from the application is hereby incorporated into the agreement from which the following is itemized: Funding Available: $219,534 Eligible Costs: Project Administration $ 21,953 Individual eligible costs Rehab costs $197,581 ;K29 City of Fort Collins P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6758 V. Special Conditions. 1715 West Mountain Avenue Fort Collins CO 80521 (970) 416-917 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. SECTION 1.1 COMPLIANCE WITH LAWS The Recipient, in performance of this Agreement, agrees to comply with 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. § 24-76.5-101(HB1023): Proof of Lawful Presence Recipient acknowledges that the City's funds are a "public benefit" within the meaning of C.R.S. § 24-76.5-102. As such, the Recipient shall ensure compliance with C.R.S. § 24-76.5-103 of State statute by performing the required verifications. Specifically, when required the Recipient shall ensure that: a. If the public benefit provided by the funds flows directly to a natural person (i.e., not a corporation, partnership, or other legally -created entity) 18 years of age or older, he/she must do the following: complete the affidavit attached to this Agreement as Exhibit "D". (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, Recipient shall verify his/her lawful presence through the federal systematic alien verification or entitlement program, known as the "SAITE 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 ATTACHMENT D Proof of Legal Residency ATTACHMENT D Proof of Legal Residency This signed form is to be a part of all residents' files. AFFIDAVIT PURSUANT TO C.R.S.24-76.5-103 swear or affirm under penally of perjury under the laws of the State of Colorado that (check one): I am a United States citizen, or I am a Permanent Resident of the United States, or I am lawfully present in the United States pursuant to Federal law. I understand that this sworn statement is required by law because I have applied for a public benefit. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate criminal offense each time a public benefit is fiaudulently received. Signature Date F- INTERNAL USE ONLY: Valid Forms of Identification • current Colorado driver's license, minor driver's license, probationary driver's license, commercial driver's license, restricted driver's license, instruction permit • current Colorado identification card • U.S. military card or dependent identification card • U.S. coast guard merchant mariner card • ]Native American tribal document 130 that the individual is not an alien lawfullypresent in the United States, the Recipient shall not provide benefits to such individual with the City's 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. § 24-76.5-103 for non -profits. For example, certain programs, services, or assistance such as, but not limited to, soup kitchens, crisis counseling and intervention, short-term shelter or prenatal care are not subject to the verification requirements of C.R.S. § 24-76.5-103. SECTION 1.3 COMPLIANCE WITH C.R.S. § 8-17.5-101 (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 verify 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 performed. The "Basic Pilot Program" is 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, that is administered by the United States Department of Homeland Security. The application is currently on line at https://www.v'Ls-dhs.com/E=Ioy3!rRegisn-ation. 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 Citywithin 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. 4 Recipient 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 authority established in Subsection 8-17.5-102 (5), CR.S. If Recipient violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City mayterminate 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, CRS. 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. 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 Caty, 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 assure that Owner 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. Specifically, the Subrecipient shall assure that Owner will protect the City's investment by providing Property Insurance, Workers Compensation and Employer's Liability Insurance, Commercial General Liability Insurance and All Risk PropertyDamage Insurance. F. Grantor Recognition. The Subrecipient shall assure that Owner 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 shall assure that Owner 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 Community Development Block Grant and/or HOME funding 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. I L Suspension or Termination and Default. 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. 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. Default is defined in this contract as noncompliance with requirements as contained in the contract, use of funds for something other than the stated purpose or material breach of the terms and conditions of funding. In particular a default will occur if the housing acquired or improved by City funding does not meet the affordability requirements for the duration of the affordability period and/or ceases to meet a national objective for the life of the loan. In the event of default, the City reserves the right to (1) direct the Owner to prepare a corrective action plan and timetable to correct the default, (2) direct the Owner to reimburse the Cityfor any amounts provided and impose monetary fines or penalties and (3) bar or suspend the Owner to limit or prohibit future funding opportunities through the City. 5. Remedies: In the event of termination for cause, the City may pursue any remedies available to it at law or in equity, including, without limitation, damages, specific performance, and criminal remedies. All representations made by the Subrecipient to the City either in this Agreement or for the purpose of inducing the City to execute this Agreement are hereby sworn to the City to be true, correct, honest and forthright and are made under penalty of perjury. I. REPAYMENT OF FUNDS Affordability requirements remain with the property regardless of change of ownership during the specified period of affordability. Payment in full is required in the event of sale or transfer of the property encumbered by the loan, or in the event the project fails to meet eligibility requirements, a national objective, commits fraud, deceit or misrepresentation in obtaining funding. If the project includes development of property to be sold to an owner -occupant at a later date, and involves funding by the HOME program, HOME recapture rules apply. J. DEED RESTRICTION A deed restriction detailing affordability requirements will be placed on all properties funded by the City which deed restriction will be used to enforce the long-term affordability of the project. VII. Administrative Requirements. A. Financial Management. 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. 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. 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 including the location of the project, the form of assistance provided and the per -unit subsidy, 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, including minimum and maximum per -unit subsidy limits, household income, and lease requirements and tenant protections for each household; 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; Financial records, and as required by 24 CFR Part 570.502, and 24 CFR Part 85, including documents to substantiate sources and uses of all funds in the project disbursement of all funds; and g. Other records necessary to document compliance with Subpart K of 24 CFR 570 including Section 3 actions, affirmative marketing and minority -owned and female owned business data, displacement records, Davis -Bacon records, lead paint compliance records and records supporting exceptions to the conflict of interest prohibition. 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 fluids 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, racial and ethnic data and single head of household data. In addition, data will be retained for affordability and income targeting for each household. Such information shall be made available to City monitors or their designees for review upon request. 4. Property Records. The Subrecipient shall require Owner to 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). National Objectives. When ®BG 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.