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HomeMy WebLinkAboutIowa Northland Regional Council of Goverments-5/4/2015INRCOG Iowa No:t hJ n d ..e ona. Council 229 EPark Ave. Waterloo, IA :50703 Phone 319=235-0311 Fax 31g-235-2891 • April 16, 2015. Mr. Rudy Jones Community Development City of Waterloo 620 Mulberry St Waterloo, Iowa 50703 Rudy Please return this copy to: City Clerk & Finance Dept. 71.5 Mulberry St. Waterloo, IA 50703 As you are aware, the Waterloo Housing Trust Fund (WHTF) Board of Directors awarded the City of Waterloo a grant of to $10,551 for single family housing rehab related to your emergency repair program. I have attached two copies of a Contract related to the grant dollars. Please review and contact me if you have any questions. If you don't have any questions have either the Mayor or your Board Chair sign both contracts and send them back and I will obtain the WHTF - Board Chair's signature and send back an original contract for your files. I have also included a Request for Disbursement form and a Completed Project chart. The requirement of this grant is that you must incur the expense and then seek reimbursement. When you are ready to request the funds, please complete and sign the disbursement form and return it to me at INRCOG along with the Completed Project chart. This chart will help us track statistical data on who is receiving the assistance that we are required to report to the Iowa Finance Authority (IFA). You can request the funds in increments if that will work better for you. Once we receive the disbursement form, we will complete a draw process to the Iowa Finance Authority and once we receive the funds they will be dispersed to your organization. This process will take from Iwo to four weeks after you return your Request for Disbursement. The Iowa Finance Authority has established a disbursement policy, whereby once we receive the funds we have 30 days to disperse them and once you receive them you have 30 days to spend them, by paying your contractor. Once the entire project is completed a short project completion report needs to be submitted. The completion report should briefly outline what was done, by whom and the final dollar amount of the project. Please review the attached documents and give me a call at 319-235-0311 if you have any.questions. anks Rodemeyer ousing Director CONTRACT FOR GRANT AWARD BETWEEN THE WATERLOO HOUSING TRUST FUND II (WHTF) AND CITY OF WATERLOO COMMUNITY DEVELOPMENT DEPARTMENT - WATERLOO, IOWA Section 1: The Funding Contract The WHTF, hereinafter the Grantor agrees, upon the terms and conditions set forth, to make a grant to the City of Waterloo Community Development Department located in Waterloo, Iowa, hereinafter the Grantee, in the amount of up to $10,551. The funds being granted to Grantee were included as part of a grant application submitted by the WHTF to the Iowa Finance Authority (IFA) State Housing Trust Fund to assist the Grantee in financing repairs to existing single family owner occupied homes. The $10,551 in grant funds is to be considered conditional on the Grantee complying with all other terms and conditions of this Contract. Section 2: Disbursement and Use of Proceeds a. Disbursement of the grant amount may occur once the Grantee has satisfactorily addressed any requirements set forth in this CONTRACT and once the Grantee has incurred related project costs and submitted the Request for Disbursement. Disbursement will occur within two to four weeks after the Grantor receives the Request for Disbursement form from the Grantee and dependent on how quickly the WHTF receives the funds from the Iowa Finance Authority. The Grantee agrees to spend all funds, on allowable expenses as outlined in the proposal submitted by the Grantee, within 30 calendar days from the date of the receipt of the funds from the Grantor. b. The Grantee will provide to the Grantor any supporting evidence necessary to substantiate payment to the Grantee. c. All funds shall be utilized to pay a licensed and insured contractor(s) to complete specific home repairs that have been identified by eligible homeowners and verified by the City of Waterloo. The maximum amount of WHTF dollars that can be spent per home is $1,000. However, the WHTF dollars can be utilized with an Agency's other funding sources to cover the cost of a larger project. The payment to the Contractor shall be issued to the Contractor after completion of the repair. Section 3: Obligation to Repay Grant Amount in Event of Default Upon the occurrence of default, as defined in Section 7, the Grantor may demand repayment of all or a portion of the grant amount that has been disbursed up to the time of default. The Grantee understands and agrees that the grant is made for the purpose of making repairs to existing single family owner occupied homes that are being utilized as housing for individuals or families who have an annual income of at or below 80% of County Median Income based on family size, as stipulated in the Grantee's proposal to the Grantor. The Grantee also understands that upon failure to complete the stated project the Grantee is obligated to immediately repay such amounts as determined by the Grantor to have been received by the Grantee without fulfillment of the Grantee's obligations, up to the full amount of the grant proceeds disbursed. Section 4: Conditions of the Grant The obligation and agreement of the Grantor to make the grant is subject to the Grantee satisfactorily addressing any requirements stated in this Contract. Section 5: Representations and Covenants a. Representations; (1) This agreement is considered legal, valid, and binding obligations of the Grantee enforceable against the Grantee in accordance with their respective terms; (2) The estimated project cost is based on a construction estimate provided by the Grantee to the Grantor and no part of the proceeds will be used to finance ineligible costs, within the meaning of the rules; (3) There is no litigation or proceeding pending, or to the knowledge of the Grantee, threatened against the Grantee affecting in any manner whatsoever the right of the Grantee to execute this agreement or the other agreements required to be executed by the Grantee under this agreement, or the ability of the Grantee to comply with the Grantee's obligations contained herein or therein; (4) The Grantee agrees that the Grantor shall have no responsibility nor incur any expense for maintenance or preservation of the Project or for the payment of any taxes, assessments, or other governmental charges assessed or levied with respect to the Project; (5) The certifications and representations of the Grantee and other information contained in the information provided to the Grantor were true and correct as of the date made and are true and correct on the date hereof, except as information may have been amended with the written approval of the Grantor; (6) There has been no adverse change since the date of the application in the financial condition, organization, operation, business prospects, fixed assets, or key personnel of the Grantee; (7) No payment of any bonus or commission has been made by the Grantee for the purpose of obtaining approval of the Grantee's proposal, or has or will be made for the purpose of obtaining approval of requests for additional assistance, or any other approval or concurrence of the Grantor required under this agreement; (8) No officer, member, or employee of the Grantor and no members of its board, and no other public official of the governing body of the locality in which the project is located who exercises any functions or responsibilities in the review of approval of the project has participated in any decisions relating to this agreement which affect his/her personal interest or the interest of any corporation, partnership, or association in which he or she is directly or indirectly interested or has any personal or financial interest, direct or indirect, in the agreement or the proceeds of the grant. b. Covenants (1) The Grantee will complete the project no later than December 31, 2015 or request an extension in writing by October 31, 2015. (2) The Grantee will complete the project in accordance with the construction estimates or bids to be obtained by the Grantee. (3) The Grantee will assure, through the completion of an income verification process, that the inhabitants of the housing unit(s) receiving the assistance meet the income guidelines set forth in the request for funding, specifically that the inhabitants of the unit(s) shall have a gross annual household income of less than 80% of the county median income based on family size. The Grantee shall maintain records of the original income verification for a period of 5 years on each homeowner receiving assistance. (4) The Grantee will assure that all funds from the Grantor will be used only for eligible activities, specifically for repair of single family owner occupied housing unit(s) excluding administration or service costs. (5) The Grantee shall not materially change the project, abandon the project, or allow the project to be seized or operated by others. (6) The Grantee agrees to comply with the provisions of Section 16.9 of the Act and Sections 216.8 and 216.8A of the Iowa Code and with the provisions of the Fair Housing Act, as amended, which compliance shall include, but not be limited to, the following: (1) Grantee shall not refuse to rent, or otherwise make unavailable or deny, a dwelling to any person because of race, creed, color, sex, familial status, national origin; age, disability or religion; (ii) Grantee shall not discriminate against any person on the terms, conditions, or privileges or rental of a dwelling, or in the provisions of services or facilities in connection therewith, because of race, creed, color, sex, familial status, national origin, age, disability, or religion; (iii) Grantee shall not make or publish any notice, statement or advertisement, with respect to the rental or availability of a dwelling, that indicates any preference, limitation or discrimination based on race, color, creed, sex, familial status, national origin, age, disability, or religion; (iv) Grantee shall not refuse to permit, at the expense of a disabled person, reasonable modifications of existing premises to be occupied by such a person if such modifications may be necessary to afford such a person full enjoyment of the premises. (7) The Grantee shall, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, national origin, age, or disability. (8) The Grantee shall not discriminate against any qualified employee or applicant for employment because of race, color, religion, creed, sex, national origin, age or disability. The Grantee agrees to post notice setting forth the provisions of the nondiscrimination clause in conspicuous places so as to be available to employees. Section 6: Accounts, Records, and Reports The Grantee agrees to comply with the following accounting, recordkeeping, and reporting requirements: a. The Grantee shall maintain books, records, documents, and other evidence pertaining to all costs incurred for the project, such as material and/or construction costs, for which Grantee funds were used. b. At any time during normal business hours and as frequently as is deemed necessary, the Grantee shall make available to the Grantor, its auditor, or the State Auditor, for their examination, all of its records pertaining to matters covered by this agreement. c. All records pertaining to the agreement and grant shall be retained for a period of five (5) years beginning with the date upon which project funds are received. d. The Grantee shall have the project inspected upon completion and submit a Project Completion Report to the Grantor within 60 days of the completion of the project. The Grantor reserves the right to request additional written or verbal progress reports as deemed necessary. Section 7: Events of Default The following events each constitute an Event of Default; a. Any representation or warranty made by the Grantee under or in connection with this agreement that shall prove to have been incorrect in any material respect when made and shall not be made good within thirty (30) days after notice thereof to the Grantee by the Grantor; or b. The Grantee shall fail to perform or observe any other term, covenant, or agreement contained in this agreement and any such failure shall remain un -remedied for thirty (30) days after written notice thereof shall have been given to the Grantee by the Grantor. Section 8: Remedies of Default Under any occurrence of an Event of Default, the Grantor or its agent may: a. Make no further disbursements under the Grant, and/or; b. Take whatever action at law or in equity may appear necessary or desirable to enforce performance and observance of any obligation, agreement or covenant of the Grantee under this Agreement. c. By written notice to the Grantee, demand repayment from the Grantee of all or a portion of amounts previously disbursed under the Grant, whereupon such amounts shall become due and payable. d. Take whatever action at law or in equity may appear necessary or desirable to enforce Grantee's obligation to repay all or a portion of the Grant proceeds and to recover Grant proceeds. Section 9: Indemnity; Fees and Expenses a. Grantee will indemnify and hold harmless the Grantor and its agents and officers and employees from and against any and all losses, by it or them while it or they are acting in good faith to carry out the transactions contemplated by the agreement or to safeguard its or their interests or ascertain, determine or carry out its or their obligations under this agreement, or any law or contract applicable to said transaction; b. Grantee will, upon demand, pay to the Grantor the amount of any and all reasonable expenses, including the reasonable fees and expenses of its attorneys, including the value of its connection with (i) the exercise or enforcement of any of the rights of the Grantor hereunder, (ii) the failure by the Grantee to perform or observe any of the provisions hereof, and (iii) the recovery of any proceeds misappropriated by the Grantee. The Grantee will also pay, upon demand to the Grantor, any other reasonable expenses of the Grantor related to the project or this financing (including reasonable attorney's fees) which are not otherwise expressly required to be paid by the Grantee under the terms of this agreement; c. Grantee agrees to pay, as and if applicable, all appraisal fees, survey fees, recording fees, license and permit fees, insurance premiums, taxes, charges, and assessments in connection with the project. Section 10: Binding Effect; Governing Law This agreement shall be binding upon and inure to the benefit of the Grantee and the Grantor and their respective successors and assigns, except that the Grantee shall not have the right to assign its rights hereunder or any interest herein without the prior written consent of the Grantor. This agreement shall be governed by, and construed in accordance with, the laws of the State of Iowa. Section 11: Severability If any provision of this agreement shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative, or unenforceable to any extent whatever. Section 12: Amendments, Changes and Modifications This agreement may not be effectively amended, changed, modified, altered, or terminated without the written consent of the authorized representatives of the parties hereto. Section 13: Term of the Agreement This agreement shall be in full force and effect from the date hereof and shall continue in effect until the project as outlined is satisfactorily completed or December 31, 2015, whichever comes first. IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed as of the date indicated below. CITY 0 ATERLOO - A RLOO, IOWA a 1 / , li/Villtr Name & Title WATERLOO HOUSING TRUST FUND (WHTF) By: By: CO'ze Li ':a Morgan, WH Bogard Chair Date: /2:7 /15 - Date: 1 Date: 1 l