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HomeMy WebLinkAboutC08-228HCV: H09SE8010 /Eagle County Housing Authority Phase I Waiver #:205 CFDA # See Project Budget Contract Routing #: NAA Encumbrance #: H09SE8010 Account Code(s): 157-HV00-149-VADM 157-HV00-149-VAHO STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS HOUSING CHOICE VOUCHER CONTRACT with Eagle County Housing Authority TABLE OF CONTENTS 1. PARTIES .............................................................................................................................................................................. 1 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY ................................................................................................. 2 3. RECITALS ...........................................................................................................................................................................2 4. DEFINITIONS ..................................................................................................................................................................... 2 5. TERM and EARLY TERMINATION ................................................................................................................................. 3 6. STATEMENT of WORK ..................................................................................................................................................... 3 7. MATCHING FUNDS .......................................................................................................................................................... 3 8. CONTRACTOR FINANCIAL MANAGEMENT ............................................................................................................... 3 9. PAYMENTS TO CONTRACTOR ...................................................................................................................................... 3 10. REPORTING AND NOTIFICATION ............................................................................................................................... 4 11. CONTRACTOR RECORDS .............................................................................................................................................. 4 12. CONFIDENTIAL INFORMATION-STATE RECORDS ................................................................................................. 5 13. CONFLICT OF INTEREST ............................................................................................................................................... 6 14. REPRESENTATIONS AND WARRANTIES .................................................................................................................. 6 15. INSURANCE ..................................................................................................................................................................... 7 16. DEFAULT-BREACH ........................................................................................................................................................ 9 17. REMEDIES ........................................................................................................................................................................9 18. NOTICES and REPRESENTATIVES ............................................................................................................................. 11 19. GOVERNMENTAL IMMUNITY ................................................................................................................................... 11 20. LEGAL RESIDENT ......................................................................................................................................................... 11 21. GENERAL PROVISIONS ............................................................................................................................................... 11 22. COLORADO SPECIAL PROVISIONS .......................................................................................................................... 14 23. SIGNATURE PAGE ........................................................................................................................................................ 16 1. PARTIES THIS CONTRACT is entered into by and between Eagle County Housing Authority ("Contractor"), and the STATE OF COLORADO (the "State") acting by and through the Colorado Department of Local Affairs (the "Department") for the benefit of the Colorado Division of Housing (the "CDOH"). Page 1 of 16 including drafts, prepared by Contractor in completing the Project and in performance of Contractor's other obligations hereunder. 5. TERM and EARLY TERMINATION A. Initial Term-Work Commencement The term of this Contract shall commence on the later of the Effective Date or September 1, 2008, and terminate on August 31, 2009, unless terminated earlier as provided below. Contractor's obligations under this Contract shall be undertaken and performed in the sequence and manner set forth in Exhibit B. Performance of this Contract shall commence as soon as practicable after the Effective Date. B. Department's Option to Extend The Department, in its sole discretion and upon written notice to Contractor, may unilaterally extend the term of this Contract for a period of up to three months under the same provisions as the original Contract. This extension shall terminate at the earlier of either the end of the three month period or when a replacement Contract is signed by the Parties and approved by the State Controller or authorized designee. Any other extension of the term of this Contract requires an amendment made in accordance with §21(B), below herein. C. Early Termination This Contract is subject to early termination in accordance with § 17(B), §9(B)(iii), and §22(B.2), all set forth below herein. 6. STATEMENT of WORK Contractor shall complete the Project and perform its other obligations as described herein and in Exhibit B. Contractor shall prosecute its obligations hereunder and in Exhibit B with due diligence to completion. The Department, in its sole discretion, but in accordance with limitations imposed by the Office of the State Controller, may change budgetary lines in the Project Budget section of Exhibit B. The Department shall send notice of such changes within 60 days in accordance with § 18, below herein. 7. MATCHING FUNDS This Matching Funds section [check oneJ [] applies to or does not apply ®to this Contract. If applicable: A. Amount Contractor shall provide matching funds as provided in Exhibit B. Contractor shall raise the full amount of matching funds during the term of this Contract and shall report to the Department regarding the status of such funds as required in Exhibit B. B. Breach Contractor's failure to raise matching funds, to keep records, and/or to report may affect its continued participation in the Program under which this Contract operates. In addition, the Department may terminate this Contract under the Termination for Cause subsection of § 17, below herein, if the Department has reasonable evidence that Contractor will be unable to raise such matching funds during the term hereof. 8. CONTRACTOR FINANCIAL MANAGEMENT Contractor shall maintain properly segregated accounts of Program funds, matching funds, and other funds associated with the Project and make those records available to the Department on request. All receipts and expenditures associated with the Project shall be documented in a detailed and specific manner, in accordance with the Project Budget set forth in Exhibit B. 9. PAYMENTS TO CONTRACTOR Contractor shall be paid in the following amounts and manners, subject to return of any unexpended Program Funds: A. Maximum Amount The maximum amount payable under this Contract to Contractor by the Department shall be $5,770, as determined by the Department from available funds. The Department shall reimburse Contractor for costs approved in the Project Budget set forth in Exhibit B. Satisfactory performance under the terms of this Contract shall be a condition precedent to the Department's obligation to reimburse Contractor. The maximum amount of Program Funds payable as reimbursement under this Contract, and any extension hereof, shall include all Contractor's fees, costs and expenses. Page 3 of 16 Contractor shall make, keep, maintain and allow inspection and monitoring of the following records: A. Maintenance Contractor shall maintain a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Project or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Contractor shall maintain such records (the Record Retention Period) until the last to occur of the following: i. a period of three years after the date this Contract is completed or terminated, or ii. final payment is made hereunder, whichever is later, or iii. for such further period as may be necessary to resolve any pending matters, or iv. if an audit is occurring, or Contractor has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved B. Inspection Contractor shall permit the State, the federal government or any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Contractor's records related to this Contract during the Records Retention Period to assure compliance with the terms hereof or to evaluate Contractor's performance. The Department reserves the right to inspect the Project at all reasonable times and places during the term of this Contract, including any extension. If the Project does not conform to Contract requirements, the Department may require Contractor promptly to bring the Project into conformity with Contract requirements, at Contractor's sole expense. If the Project cannot be brought into conformance by re-performance or other corrective measures, the Department may require Contractor to take necessary action to ensure that future performance conforms to Contract requirements and exercise the remedies available under this Contract, at law or inequity in lieu of or in conjunction with the preceding measure. C. Monitoring Contractor also shall permit the State, the federal government or any other duly authorized agent of a governmental agency, in the sole discretion of such governmental agency, to monitor all activities conducted by Contractor pursuant to this Contract, using any reasonable procedure, at the discretion of such governmental agency, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on-site checking, and formal audit examinations. All such monitoring shall be performed in a manner which will not unduly interfere with Contractor's performance hereunder. D. Final Audit Report If an audit is performed on Contractor's records for any fiscal year covering a portion of the term of this Contract, Contractor shall submit one copy of the final audit report to the Department's principal representative at the address specified in § 18, below herein. 12. CONFIDENTIAL INFORMATION-STATE RECORDS Contractor acknowledges that it may become privy to confidential information in connection with its performance hereunder, including but not limited to State records, personnel records, and information concerning individuals ("Confidential Information"). The following applies if Contractor receives confidential information: A. Confidentiality Contractor shall keep all Confidential Information confidential at all times and comply with all laws and regulations concerning confidentiality of information to the same extent applicable to the Department. Any request or demand for information in the possession of Contractor made by a third party shall be forwarded immediately to the Department's principal representative for resolution. B. Notification Contractor shall notify each of its agents, employees, sub-contractors, and assigns (each a "Related Party") who may come into contact with Confidential Information that such party is subject to the confidentiality requirements set forth herein, and shall provide each Related Party with a written explanation of such requirements before permitting such party to access any information of the Department. C. Use, Security, and Retention Page 5 of 16 Contractor shall perform its obligations hereunder, including in accordance with the highest professional standard of care, skill and diligence. Contractor shall perform its obligations hereunder in the sequence and manner set forth in Exhibit B. B. Inspection and Verification The Department reserves the right to inspect and monitor Contractor's performance hereunder at all reasonable times and places to verify that they conform to the requirements of Exhibit B. If Contractor's performance does not conform to Contract requirements, the Department may require Contractor promptly to bring its performance into conformity with Contract requirements, at Contractor's sole expense. If the Project cannot be brought into conformance by corrective measures, the Department may require Contractor to take necessary action to ensure that future performance conforms to Contract requirements and exercise the remedies available under this Contract, at law or in equity in lieu of or in conjunction with the preceding measure. C. Legal Authority-Contractor and Contractors Signatory Contractor warrants that it possesses the legal authority to enter into this Contract and has taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Contract and to bind Contractor to its terms. The person signing and executing this Contract on behalf of Contractor hereby represents and warrants and guarantees that they have full authorization to do so. If requested by the Department, Contractor shall provide the Department the basis for Contractor's authority to enter into this Contract within 15 days of receiving such request. D. Licenses, Permits, Etc Contractor represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it will have, at its sole expense, all licenses, certifications, approval, insurance, permits, and other authorization required by law to perform its obligations hereunder. Additionally, all employees of Contractor performing services under this Contract shall hold the required licenses or certifications, if any, to perform their duties, Contractor, if a foreign corporation or other entity transacting business in the State of Colorado, further certifies that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non-renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Contractor to properly perform this Contract, shall be deemed to be a default by Contractor and grounds for termination under Contract § 17(A). E. Breach If the Contractor breaches any of its representations or warranties, the Department may require Contractor to promptly perform its obligations again in conformity with Contract requirements, at no additional cost to the Department. If such breaches cannot be, or are not cured, the Department may, in addition to any other remedies provided for in this Contract, require Contractor to take necessary action to ensure that future performance conforms to the provisions of this Contract; and equitably reduce the payment due to Contractor to reflect the reduced value of the Project. Any reduction, delay or denial of payment under this provision shall not constitute a breach of Contract or default by the Department. 15. INSURANCE Contractor and its sub-contractors shall obtain and maintain insurance as specified in this section at all times during the term of this Contract: All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to Contractor and the State. A. Contractor i. Public Entities If Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the Governmental Immunity Act"), then Contractor shall maintain at all times during the term of this Contract such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under such Act. Contractor shall show proof of such insurance satisfactory to the Department, if requested by the Department. Contractor shall require each contract with asub-contractor which is a public entity, providing Goods or Services in Page 7 of 16 thereupon within 10 days supply to Contractor, evidence satisfactory to Contractor and the Department of compliance with the provisions of this section. 16. DEFAULT-BREACH A. Defined In addition to any breaches or defaults specified in other sections of this Contract, including, but not limited to the §22 below herein, the failure of either Party to perform any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner, constitutes a default or breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar legislation, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof; shall also constitute a default. B. Notice and Cure Period In the event of a default or breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in § 18, below herein. If such default or breach is not cured within 30 days of receipt of written notice or, if a cure cannot be completed within 30 days, cure of the default or breach has not begun within said period and pursued with due diligence, the aggrieved Party may terminate this Contract by providing written notice thereof, as provided for in § 18, below herein, specifying the effective date of the termination. Notwithstanding anything to the contrary herein, the Department, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Contract in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 17. REMEDIES If Contractor is in default or breach under any provision of this Contract, the Department shall have all of the remedies listed in this section in addition to all other remedies set forth in other sections of this Contract. The Department may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and/or Default If Contractor fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Contract and in a timely manner, the Department may notify Contractor of such non-performance in accordance with the § 16, above and § 18, below herein. If Contractor thereafter fails to promptly cure such non-performance within the cure period, the Department, at its option, may terminate this entire Contract or such part of this Contract as to which there has been delay or a failure to properly perform. Exercise by the Department of this right shall not be deemed a breach of its obligations hereunder. Contractor shall continue performance of this Contract to the extent not terminated, if any. i. Obligations and Rights To the extent specified in the termination notice, Contractor shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall also terminate outstanding orders and sub-contracts with third parties. However, Contractor shall complete and deliver to the Department all Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within the Contract terms. At the sole discretion of the Department, Contractor shall assign to the Department all of Contractor's right, title, and interest under such terminated orders or sub-contracts. Upon termination, Contractor shall take timely, reasonable and necessary action to protect and preserve property in the possession of Contractor in which the Department has an interest. All materials owned by the Department in the possession of Contractor shall be immediately returned to the Department. Ali Work Product, at the option of the Department, shall be delivered by Contractor to the Department and shall become the Department's property. ii. Payments The Department shall pay Contractor only for accepted performance received up to the date of termination. If, after termination by the Department, it is determined that Contractor was not in default or that Contractor's action or inaction was excusable, such termination shall be treated as a Page 9 of 16 the Department's best interest. Replacement of any key personnel hereunder shall be done in accordance with the relevant provisions of Exhibit B. 18. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard- copy notice, notice also may be sent by a-mail to the a-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. Department: Kathi Williams Colorado Department of Local Affairs 1313 Sherman Street Room 518 Denver, CO 80203 Email: Kathi.Williams@state.co.us B. Contractor: Alex Potente, Executive Director Eagle County Housing Authority P.O. 850 Eagle, CO 81631 Email: housing@eaglecounty.us 19. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the Governmental Immunity Act and the risk management statutes, CRS §24-30-1501, et seq., as amended. 20. LEGAL RESIDENT This legal resident section [check oneJ ®applies to or does not apply ^ to this Contract. Contractor must confirm that any individual natural person eighteen years of age or older is lawfully present in the United States pursuant to CRS §24-76.5-101 et seq. when such individual applies for public benefits provided under this Contract by requiring the following: A. Identification: The applicant shall produce one of the following personal identifications: i. A valid Colorado driver's license or a Colorado identification card, issued pursuant to article 2 of title 42, C.R.S.; or ii. A United States military card or a military dependent's identification card; or iii. A United States Coast Guard Merchant Mariner card; or iv. A Native American tribal document. B. Affidavit The applicant shall execute an affidavit herein attached as Form 1, Affidavit of Legal Residency, stating: i. That they are United States citizen or legal permanent resident; or ii. That they are otherwise lawfully present in the United States pursuant to federal law. 21. GENERAL PROVISIONS A. Assignment Except as otherwise specifically provided in Exhibit A, Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or subcontracted, without the prior, written consent of the State. Any attempt at assignment, transfer, subcontracting without such consent shall be void. All assignments, subcontracts/subcontractors approved by Grantee or the State shall be subject to the Page 11 of 16 Notwithstanding anything herein to the contrary, provisions of this Agreement requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the State if Grantee fails to perform or comply as required. L. Third Party Beneficiaries Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Agreement are incidental to the Agreement, and do not create any rights for such third parties. M. Waiver Waiver of any breach of a term, provision, or requirement of this Agreement or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 13 of 16 H. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. No State or other public funds payable under this contract shall be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies that, for the term of this contract and any extensions, Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. 9. EMPLOYEE FINANCIAL INTEREST. CRS §24-18-201 and §24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. J. lO.PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. Not Applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services) Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract, through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor (a) shall not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-l 7.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, institution of higher education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages. K. 11.PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this contract. Revised May 13, 2008 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 15 of 16 HCV : H09SE8010 /Eagle County Housing Authority EXHIBIT A APPLICABLE LAWS Federal laws and regulations incorporated into this contract include, without limitation: 1. Age Discrimination Act of 1975, 42 U.S.C. Sections 6101, et seq. 2. Age Discrimination in Employment Act of 1967, 29 U.S.C. 621-634 3. Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101, et seq. 4. Equal Pay Act of 1963, 29 U.S.C. 206(d) 5. Immigration Reform and Control Act of 1986, 8 U.S.C. 1324b 6. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 7. Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d 8. Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e 9. Title IX of the Education Amendment of 1972, 20 U.S.C. 1681, et seq. 10. C.R.S. §24-32-701, et seq., Colorado Housing Act of 1970 11. The applicable of the following: 11.1. Cost Principals for Department, Local and Indian Tribal Governments (OMB Circular A-87); 11.2. Cost Principals for Non-Profit Organizations (OMB Circular A-122); and 11.3. Audits of Departments, Local Governments, and Non-Profit Organizations (OMB Circular A-133). 12. Fair Housing Act of 1968, 42 U.S.C. 3601, et seq. 13. Lead-Based Pain Poisoning Prevention Act -Title IV, 42 U.S.C. 4821. 14. The Public Health and Welfare, 42 USC 8013. 15. General HUD Program Requirements, 24 CFR Part 5 16. Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A. 17. Supportive Housing For Persons With Disabilities, 24 CFR Part 891, subparts A, C, D 18. Housing Choice Voucher Program, 24 CFR Part 982 19. Section 8 and Public Housing Family Self-Sufficiency Program, 24 CFR Part 984 20. Section 8 Management Assessment Program, 24 CFR Part 985 Page 1 of I - Exhibit A -Applicable Laws 5.1. Acceptance Measures. Contractor shall provide the following reports to CDOH using the state- provided forms. CDOH may withhold administrative fee payment(s), if such reports are not submitted on or before the applicable due dates, as specified in the annual CDOH calendar. 5.1.1. Housing Assistance Payment (HAP) Report. One copy of the monthly HAP Report shall be submitted within 18 - 20 calendar days of the end of each month. 5.1.2. Family Report (HUD-50058) and Housing Assistance Payment (HAP) Register Report. One copy of the Family Report and the HAP Register shall be submitted within 18 - 20 calendar days of the end of each calendar month for events, such as initial lease ups, annual and interim certifications, the participant's relocation or end of participation in the program. 5.1.3. Lease Status Report and Family Self-Sufficiency (FSS) Escrow Report. One copy of the Lease Status Report and FSS Escrow Report shall be submitted no later than the 4th of each calendar month. 5.2. Monitoring Procedures. CDOH shall perform on-going monitoring in accordance with §11(C) and § 14(B) of this Contract, and CDOH's Risk Based Monitoring Policy. 6. PAYMENT. Payments shall be made in accordance with the provisions set forth in §9 of this Contract. 6.1. Payment Schedule 6.1.1. Monthly Administrative Fee. Contractor shall earn a monthly administrative fee, established by CDOH, for each voucher leased on the first day of the month. When there is a delay in the receipt of paperwork by any of the parties in the lease up, a retroactive fee shall be paid, in the following month, on units that were leased as of the first of the month. For vouchers that are leased after the first day of the month, Contractor shall not earn an administrative fee until the following month. 6.1.2. Portable Voucher Fee. Contractor shall earn fifty percent (50%) of the administrative fee received by CDOH for each incoming portable unit in which CDOH bills another housing authority. 6.1.3. Homeownership Fee. Contractor shall earn aone-time fee of $500.00 for every voucher holder that becomes a participant in the HCV Homeownership Program. 6.1.4. Family Self-Sufficiency (FSS) Coordinator Fee. Contractor shall receive an annual administrative fee established by CDOH, based on the number of families participating in the FSS program. 6.1.5. Disaster Housing Assistance Fee. Contractor shall earn aone-time fee of $500.00 for each new participant in the Disaster HAP Program. The Contractor shall also earn a monthly administrative fee of $83.00 and a monthly case managment fee of $92.00 for each family in the program. 6.2. Remittance Address. If mailed, payments shall be remitted to the following address unless changed in accordance with § 18 of the Contract: Ea le Coun Housin Authori P.O. 850 Ea le, CO 81631 7. ADMINISTRATIVE REQUIREMENTS. 7.1. CDOH Plans. The HCV Program shall be administered in accordance with CDOH's Public Housing Agency Plan, Administrative Plan, Homeownership Plan, and Family Self-Sufficiency Action Plan. 7.2. Local Consolidated Plan. Contractor shall consult its local governmental or departmental Consolidated Plan and develop and implement an action plan to meet the housing needs for low- income persons in their communities. 7.3. Eligible Beneficiaries. Contractor shall insure that al[ vouchers will be leased by low-income persons; defined as those, whose household income does not exceed 50% of the Area Median Income (AMI). The rent and income limits, in effect as of the execution of this contract, are contained in Exhibit D. Page 2 of 3 - Exhibit B -Statement Of Work HCV: H09SE8010 /Eagle County Housing Authority FORM 1 AFFIDAVIT OF LEGAL RESIDENCY I, ,swear or affirm under penalty of perjury under the laws of the Department of Colorado that (check one): ^ I am a United Departments citizen, or ^ I am a Permanent Resident of the United Departments, or ^ I am lawfully present in the United Departments pursuant to Federal law. I understand that this sworn Departmentment is required by law because I have applied for a public benefit or I am a sole proprietor entering into a contract or purchase order with the Department of Colorado. I understand that Department law requires me to provide proof that I am lawfully present in the United Departments prior to receipt of this public benefit or prior to entering into a contract with the Department. I further acknowledge that making a false, fictitious, or fraudulent Departmentment or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under CRS § 18-8-503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. Signature Date Page 1 of 1 - Form I -Affidavit of Legal Residency GYU~n~-- :. __ ---...~. ~ ~ - *~RU~tcT PERFORMANCE PLAN ,tan -March MILESTONES -Grantee shall... Attend an annual Section 8 Contractor's Training within each fiscal year normally done by the 3rd quarter Monitoring will be conducted annually based on CDOH's Risk Based Monitoring plan by the end of each fiscal year. Housing Choice Voucher - SectioA 8 proguam 4°~ Oct -Dec Monitoring Level - TBD based on Risk Analysis Monitoring CAPACITY Contractor has been administering the HCV program and attends training to ensure that staff is aware of new emulations and rpOH policies Contractor will cooperate rnnth the scheduling and implementation of this monitoring. ATE ROLE- CDOH shall... will track attendance, CDOH will monitor and provide technical assistance to administer the HCV program. ~r~wrctsS -reported - quarterly (include date and J. _ __ / /200 Asse manager will submit monitoring letter to contractor Contractor will respond to monitoring within 30 working days from the letter within the time frame sta time of the monitoring visit. the letter. ~ in Contractor will lease vouchers at a rate between 97-1 o Contractor will monitor the lease up rate This will be track 00 ~ at all times. on a monthly basis. basis by the asset °n a monthly manager Subm-t FSS reporting to CDOH monthly. Contractor will respond to monthly fequests to correct the Public Information Center (p1C) submittals. Contractor will track FSS families' escrow accounts and milestones on Contract of Participation. Contractors have an obligation to submit correct information on the families assisted via the HUD 50058 form. ~w~ w~~~ ensure that all finding and concerns are addressed and recorded in the Oracle database, / /200 ~uUH will work with agencies Track monthly: to develop a plan to maintain their lease up rate. CDOH will process FSS disbursements when Track monthly: ~;.uUli will provide technical assistance ff needed, Track monthly: Page 1 of 2 O u~ ~Zj N ~ ~~V ~ =Mo ~- ~ o~~ m ~~~ ~ cm~ = c~ ~ W °Zo ~a"~u o~~ OWZ vuo W N ~ a m 0 OW ~n~ ~ ~u =M~ t1. H Z~~ N H ~~ = o~° ~,,, W L1.1 ~ ~ u O ad w W ~ Q M Z W ~••~ ~ m 2 a 0 O m 0 ~W ZN~ ~~u p =Mo ~- H z°$g m ,~°~ J ~ w ~ = o~° ~W W ~oWeu ~~M OWZ vpr~ ZW w~ 0 s EXHIBIT D co~oRApo plwlSiON OF HOUSING INCOME 8~ RENT TABLES FOR 3096-12096 OF MEDIAN INCOME FOR COLORADO COUNTIES HUD Release Date: February 13, 2008 EXHIBIT D COLORADO DIVISION OF HOUSING INCOME 8k RENT TABLES FOR 3096-12096 OF MEDIAN INCOME FOR COLORADO COUNTIES HUD Relaaao Dats: Fobruary 13, 2008 E LIMITS 5 PERSON 6 PERSON 7 PEO'cnm o e~e~~ There incnmP ) , Costilia Crowle Custer Delta Dolores Fremont Huerfano Jackson, ~~< <.arson, gas Aromas, Lincoln, Logan, Montezuma ~Mont~ose OtetroCPhillips, Prowe~rs, Rio Grande, Saauache. gar, ~~~~., c~..:.:_,. ,.,__~•._ ' and rent hmit~ are ~alr~,larP ' ' ~1 ns~nr7 Fha Hl II) mrnmo i~R,a.. ~~~...:_ .. .. ~ 105 360 113 160 120 960 Y ri28 760 ~ 87 800 ~ 94 300 100 800 107 300 66 400 71 350 76 250 81 2 57 070 ~ 61 295 65 520 69 745 52 680 48 56 580 60 480 64 380 290 ~ 51 865 55 440 59 015 43 900 47 150 50 400 53 65 39 510 42 435 45 360 48 285 35 120 ' 37 720 1 40 320 42 920 89 760 96 480 103,080 1091800 74 800 80 400 85 900 91 500 59 900 64 300 68 750 73 20 48 620 SZ 260 55 835 59 475 44 880 48 240 51 540 54 900 41 140 44 220 47 245 50 325 37 400 40 200 42 950 45 75 33 660 36 180 38 655 41 175 29 920 32 160 34 360 36 600 82920 89040 95280 101400 69 100 74 200 79 400 84 500 55 300 59 400 63 500 67 60 44 915 48 230 51 610 54 925 41 460 44 520 47 640 50 700 38 005 40 810 43 670 46 475 34 550 37 100 39 700 42 25 31 095 33 390 35 730 38 025 27 640 29 680 31 760 33 800 69840 75,000 80160 851320 58 200 62 500 66 800 71 100 46 550 50 000 53 45D 56 900 37 830 40 625 43 420 46 215 34 920 37 500 40 080 42 660 32 010 34 375 36 740 39 105 29100 31 250 33 400 35 550 26 190 28 125 30 060 31 995 23 280 1 4 25 000 26 720 28 440 1 1