HomeMy WebLinkAbout24-76 Subrecipient Agreement Weld County Community Development Block Grant Friends of Firestone Day of Service 07-24-2024RESOLUTION NO.24-76
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING A SUBRECIPIENT
AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND WELD
COUNTY FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS TO EXPAND THE FRIENDS OF FIRESTONE DAY OF SERVICE
PROGRAM
WHEREAS, Weld County and the Town of Firestone ("Town") have entered into an
Intergovernmental Cooperation Agreement, and as a qualified urban county Weld County is
entitled to receive and distribute Community Development Block Grant ("CDBG") funds within
the County to conduct and administer housing and community development activities and projects;
and
WHEREAS, Weld County has applied for and received CDBG funds from the United States
Government under Title 1 of the Housing and Community Development Act of 1974 as amended
(HCD Act); and
WHEREAS, Weld County shall disburse HCD Act funds to the Town subject to a
Subrecipient Agreement by which the Town will expand its annual Friends of Firestone Day of
Service Program which will provide minor exterior home improvements to low to moderate
income households located within the Town of Firestone; and
WHEREAS the Town's Board of Trustees finds that such program is of benefit to the
health, safety and welfare of the community.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
The Subrecipient Agreement between the Town of Firestone and Weld County for use of
Weld County Community Development Block Grant HCD Act funds is approved in substantially the
same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized
to execute the Subrecipient Agreement on behalf of the Town of Firestone.
INTRODUCED, READ AND ADOPTED thisaW&ay ofys 2024.
TOW OF F T , COLORADO
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EST: A2D Conya r, M or
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Missy Carranco, Deputy Town Clerk
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William P. Hayashi, n Attorney
SUBRECIPIENT AGREEMENT
FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT entered this Z(lday of _PfUaA202. and between the Weld County Community
Development Block Program (herein called ttee") and Town of Firestone (herein called the
"Subrecipient").
WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the
Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and
WHEREAS, the Grantee wishes to engage the Subrecipient to assist the.Grantee in utilizing such funds;
WHEREAS, the Grantee and Subrecipient have an executed Cooperation Agreement;
NOW, THEREFORE, it is agreed between the parties hereto that;
1. SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible to provide the following activity(ies): expand its annual Friends of
Firestone Day of Service program to provide minor exterior home improvements to low- to moderate -income
households located within the Town of Firestone to meet the National Object of Benefit to Low and Moderate -
Income Persons. The Subrecipient will be responsible for administering the Community Development Block
Grant funds in a manner satisfactory to the Grantee and consistent with any standards required as a condition
of providing these funds.
Program Delivery
Activity #1 The Subrecipient will partner with Brothers Redevelopment Inc., a 501 c (3) non-profit, and local
volunteers, to provide minor exterior home improvements to low- to moderate -income
households located within Firestone. The program prioritizes projects correcting health/safety
issues, followed by code violations and general maintenance. Activities will take place during
two distinct one -day events, the dates of which are chosen by the Subrecipient. The program
will strive to serve 12-15 households within the Town of Firestone over two project dates. The
Subrecipient will, before expending any funds, gather income data to pre -qualify households
and will use properly licensed/insured contractors and volunteers to complete projects. CDBG
funds will be used for Brothers Redevelopment staff time, materials, hazardous material
testing and assistance with environmental reviews.
General Administration
The Subrecipient will be responsible for general administration and monitoring of the work to be
performed to include the following:
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B. National Obiectives
All activities funded with CDGB funds must meet one of the CDBG program's National Objectives: benefit
low- and moderate -income persons; aid in the prevention or elimination of slums or blight; or meet
community development needs having a particular urgency, as defined in 24 CFR 570.208.
The Subrecipient certifies that the activity(ies) carried out under this Agreement will meet the National
Objective of Benefit to Low and Moderate -Income Persons through Housing Preservation.
C. Levels of Accomplishment — Goals and Performance Measures
The levels of accomplishment may include such measures as units rehabbed, persons or households
assisted, or meals served, and should also include time frames for performance.
The Subrecipient agrees to provide the following levels of program services: complete minor exterior home
repairs and improvements on single-family residences on 12-15 qualifying residences within the Town of
Firestone for the benefit of 12-15 low to moderate -income households.
Activity Units per Event Total Units
Activity #1 6-7 households 12-15 households
2024 Day of Service
Activity #1 6-7 households 12-15 households
2025 Day of Service
Units of service are the number of low and moderate -income households served by the program during two
separate one -day events roughly one year apart whose dates are to be determined by the Subrecipient.
D. Staffing
Ivy Pitts, Administrative Operations Coordinator, Town of Firestone, will serve as Project Manager. Jason
Stutzman, Volunteer Department Manager, Brothers Redevelopment, Inc. will assist.
Any changes in the Key Personnel assigned or their general responsibilities under this project are subject to
the prior approval of the Grantee.
E. Performance Monitoring
The Grantee will monitor the performance of the Subrecipient against goals and performance standards as
stated above. Substandard performance as determined by the Grantee will constitute noncompliance with
this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a
reasonable period of time (30 days) after being notified by the Grantee, contract suspension or termination
procedures will be initiated.
II. TIME OF PERFORMANCE
Services of the Subrecipient shall start on the date of Notice to Proceed and end on the 3111 day of December
2025. The term of this Agreement and the provisions herein shall be extended to cover any additional time
period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including
program income.
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III. BUDGET
Line Item Amount
Weld County CDBG grant $ 50,000
Town of Firestone in -kind match 50,000
Town of Firestone administration costs
$ 32,500
Volunteer refreshments
4,000
Marketing materials
10,600
Brothers Redevelopment staff labor
22,500
Materials & supplies
11,075
Hazardous materials testing & environmental review
16,425
TOTAL $100,000
Any indirect costs charged must be consistent with the conditions of Paragraph VIII (C)(2) of this Agreement.
In addition, the Grantee may require a more detailed budget breakdown than the one contained herein, and
the Subrecipient shall provide such supplementary budget information in a timely fashion in the form and
content prescribed by the Grantee. Any amendments to the budget must be approved in writing by both the
Grantee and the Subrecipient.
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It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement
shall not exceed $50,000_ Drawdowns for the payment of eligible expenses shall be made against the line -
item budgets specified in Paragraph III herein and in accordance with performance. Expenses for general
administration shall also be paid against the line -item budgets specified in Paragraph III and in accordance
with performance.
Payments may be contingent upon certification of the Subrecipient's financial management system in
accordance with the standards specified in 2 CFR 200,302.
V. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial
courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as
aforesaid shall be effective on the date of delivery or sending. All notices and other written communications
under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise
modified by subsequent written notice.
Communication and details concerning this contract shall be directed to the following contract
representatives:
Grantee
Elizabeth Relford
CDBG Manager, Weld County
1402 N 17t' Ave. ,PO Box 758
Greeley, CO 80632
erelford@weld.gov
(970)673-5836
Subrecipient
Don Conyac
Mayor, Town of Firestone
9950 Park Ave.
Firestone, CO 80504
dconyac@firestoneco.gov
(303) 833-3291
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All projects regardless of scope, require an environmental review. Reviews will be completed by the County prior
to issuing a notice to proceed.
If the subrecipient wishes to extend the time given for project completion, they will need to notify the Weld
County CDBG Program in writing forty-five (45) days in advance unless due to unforeseen circumstances. Weld
County CDBG staff may extend the time of performance of this subrecipient agreement up to 90 days without
prior approval from the Weld County Board of Commissioners.
Progress reports will be due quarterly April 3011, July 3151, October 315t and January 311 for the preceding quarter.
In addition, a progress report must accompany each draw request detailing the progress made/activities
completed with the funds being requested for reimbursement.
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(Note: Links to the Code of Federal Regulations [CFRI may be accessed through links provided in the agreement, provided
as a convenience to the Subrecipient. It is, however, the Subrecipient's responsibility to ensure the links are the most
current one available)
Code of Federal Regulations
https://www.,zovinfo.gov/app/collection/cfr/
A. General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part
570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants
(CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the
recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not
assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52.
The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations,
and policies governing the funds provided under this contract, The Subrecipient further agrees to utilize funds
available under this Agreement to supplement rather than supplant funds otherwise available.
B. "Independent Contractor"
Nothing contained in this Agreement 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 Agreement. The
Grantee 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 contractor.
C. Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions,
suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or
nonperformance of the services or subject matter called for in this Agreement.
D. Workers' Compensation
The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employees
involved in the performance of this Agreement.
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E. Insurance & Bonding
The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft,
fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all
employees in an amount equal to cash advances from the Grantee.
The Subrecipient shall comply with the bonding and insurance requirements of 2 CFR 200.
F. Grantee Recognition
The Subrecipient shall insure recognition of the role of the Grantee in providing services through this
Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled
as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in
all publications made possible with funds made available under this Agreement.
G. Amendments
The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make
specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative
of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate
this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations underthis Agreement.
The Grantee may, in its discretion, amend this Agreement 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 Agreement, such modifications will be incorporated only by written amendment signed by both
Grantee and Subrecipient.
H. Suspension or Termination
In accordance with 2 CFR 200, the Grantee may suspend or terminate this Agreement if the Subrecipient
materially fails to comply with any terms of this Agreement, which include (but are not limited to) the
following:
1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such
statutes, regulations, executive orders, and HUD guidelines, policies or directives as may
become applicable at any time;
2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its
obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete
in any material respect.
In accordance with 2 CFR 200, this Agreement may also be terminated for convenience by either the Grantee
or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date,
and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial
termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose
for which the award was made, the Grantee may terminate the award in its entirety.
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Vill. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with 2 CFR 200 and agrees to adhere to the accounting
principles and procedures required therein, utilize adequate internal controls, and maintain
necessary source documentation for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with 2 CFR Part 200 as applicable. These
principles shall be applied for all costs incurred whether charged on a direct or indirect basis.
B. Documentation and Record Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR
570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall
include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of the National
Objectives of the CDBG program;
C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or disposition of
real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal opportunity
components of the CDBG program;
f. Financial records as required by 24 CFR 570.502 and 2 CFR.200; and
g. Other records necessary to document compliance with Subpart K of 24 CFR 570.
2. Retention
The Subrecipient shall retain all financial records, supporting documents, statistical records, and all
other records pertinent to the Agreement for a period of four (4) years. The retention period begins
on the date of the submi«i.,r, of the Grantee's annual performance and evaluation report to HUD in
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which the activities assisted under the Agreement are reported on for the final time. Notwithstanding
the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the
records cited and that have started before the expiration of the four-year period, then such records
must be retained until completion of the actions and resolution of all issues, or the expiration of the
four-year period, whichever occurs later.
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3. Client Data
The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such
data shall include, but not be limited to, client name, address, income level or other basis for
determining eligibility, and description of service provided. Such information shall be made available
to Grantee monitors or their designees for review upon request.
4. Disclosure
The Subrecipient understands that client information collected under this contract is private and the
use or disclosure of such information, when not directly connected with the administration of the
Grantee's or Subrecipient's responsibilities with respect to services provided under this contract, is
prohibited unless written consent is obtained from such person receiving service and, in the case of
a minor, that of a responsible parent/guardian.
5. Close-outs
The Subrecipient's obligation to the Grantee shall not end until all close-out requirements are
completed. Activities during this close-out period shall include, but are not limited to: making final
payments, disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and accounts receivable to the Grantee), and
determining the custodianship of records. Notwithstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that the Subrecipient has control over CDBG
funds, including program income.
6. Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement shall be made
available to the Grantee, grantor agency, and the Comptroller General of the United States or any of
their authorized representatives, at any time during normal business hours, as often as deemed
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 Subrecipient within 30 days after receipt by the
Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute
a violation of this contract and may result in the withholding of future payments. The Subrecipient
hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy
concerning subrecipient audits and 2 CFR 200.
C. Reporting and Payment Procedures
1. Program Income
The Subrecipient shall report monthly all program income (as defined at 24 CFR 570.500(a))
generated by activities carried out with CDBG funds made available under this contract. 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 permitted under this contract and shall reduce requests for additional funds by the amount
of any such program income balances on hand, All unexpended program income shall be returned
to the Grantee at the end of the contract period. Any interest earned on cash advances from the
U.S. Treasury and from funds held in a revolving fund account is not program income and shall be
remitted promptly to the Grantee
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2. Indirect Costs
No indirect costs can be charged to this project.
3. Payment Procedures
The Grantee will pay to the Subrecipient funds available under this agreement based on information
submitted by the Subrecipient and Grantee policy concerning payments. Payments will be made for
eligible expenses actually incurred and paid for by the Subrecipient. Requests for payment by the
Subrecipient must include copies of invoices for which reimbursement is being requested, and a
copy(ies) of Subrecipient's check for payment of the invoices. Additionally, the Progress/Inspection
Report should be submitted with activity progress noted for the period for which reimbursement is
being requested. In addition, the Grantee reserves the right to liquidate funds available under this
contract for costs incurred by the Grantee on behalf of the Subrecipient.
4. Progress Reports
The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content, and
frequency as required by the Grantee.
D. Procurement
1. Compliance
The Subrecipient shall comply with the procedures delineated at 2 CFR 200.317-327 when procuring
all materials, property, and/or services (including the purchase of equipment) under this agreement.
It is the Subrecipient's responsibility to be familiar with the procedures for each level of procurement
and to request technical assistance. The Subrecipient shall maintain inventory records 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 Grantee upon termination of this Agreement.
Subrecipient shall, to the greatest extent feasible, reach out through advertising, phone or email
notice, or other means, and solicit bids from, Section 3 business concerns, women -owned businesses,
and minority -owned businesses.
2. OMB Standards
Unless specified otherwise within this agreement, the Subrecipient shall procure all materials,
property, or services in accordance with the requirements of 2 CFR 200.
3. Travel
The Subrecipient shall obtain written approval from the Grantee for any travel outside the
metropolitan area with funds provided under this Agreement.
E. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall be in compliance with the
requirements of 2 CFR 200 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not
limited to the following:
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The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts
receivable attributable to the use of funds under this Agreement at the time of expiration,
cancellation, or termination.
Real property under the Subrecipient's control that was acquired or improved, in whole or in
part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG
National Objectives pursuant to 24 CFR 570.208 until five(5) years after expiration of this
Agreement [or such longer period of time as the Grantee deems appropriate]. If the Subrecipient
fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the
prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current
fair market value of the property less any portion of the value attributable to expenditures of non-
CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute
program income to the Grantee. The Subrecipient may retain real property acquired or improved
under this Agreement after the expiration of the five-year period [or such longer period of time as
the Grantee deems appropriate].
3. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is
sold, the proceeds shall be program income (prorated to reflect the extent to which funds received
under this Agreement were used to acquire the equipment). Equipment not needed by the
Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the
CDBG program or (b) retained after compensating the Grantee [an amount equal to the current
fair market value of the equipment less the percentage of non-CDBG funds used to acquire the
equipment].
IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING REPLACEMENT
The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR 24 and 24 CFR 570.606(b);
(b) the requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation
Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d)
governing optional relocation policies. [The Grantee may preempt the optional policies.] The Subrecipient
shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are
displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted
project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies
concerning the displacement of persons from their residences.
X. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title Vill
of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing
and Community Development Act of 1974 as amended, 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 Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086.
2. Nondiscrimination
The Subrecipient agrees to comply with the non-discrimination in employment and contracting
opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by
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Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are
still applicable.
3. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and
24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared
or improved with assistance provided under this contract, the Subrecipient shall cause or require a
covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting
discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land,
or in any improvements erected or to be erected thereon, providing that the Grantee and the United
States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking
its obligation to carry out 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 all Federal regulations issued pursuant to compliance with
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against
the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall
provide the Subrecipient with any guidelines necessary for compliance with that portion of the
regulations in force during the term of this Agreement.
B. Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's
specifications an Affirmative Action Program in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. The Grantee 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. Women- and Minority -Owned Businesses (W/MBE)
The Subrecipient will use its best efforts to afford small businesses, minority business enterprises,
and women's business enterprises the maximum practicable opportunity to participate in the
performance of this contract. As used in this contract, the terms "small business" means a business
that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632),
and "minoritv and women's business enterprise" means a business at least fifty-one (51) percent
owned and controlled by minority group members or women. For the purpose of this definition,
"minority group members" are Afro- Americans, Spanish-speaking, Spanish surnamed or Spanish -
heritage Americans, Asian- Americans, and American Indians. The Subrecipient may rely on written
representations by businesses regarding their status as minority and female business enterprises in
lieu of an independent investigation.
3. Access to Records
The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish
all information and reports required hereunder and will permit access to its books, records and
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accounts by the Grantee, 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 worker's representative of the
Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
5. Equal Emolovment Opportunity and Affirmative Action (EEO/AA) Statement
The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of
the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer.
6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs X.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 of its own subrecipients or subcontractors.
C. Employment Restrictions
Prohibited Activitv
The Subrecipient is prohibited from using funds provided herein or personnel employed in the
administration of the program for: political activities; inherently religious activities; lobbying; political
patronage; and nepotism activities.
2. Labor Standards
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 (40 U.S.C. 327 et seq.) 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
Agreement. The Subrecipient agrees to comply with the Copeland Anti- Kick Back Act (18 U.S.C. 874
et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR 5. The
Subrecipient shall maintain documentation that demonstrates compliance with hour and wage
requirements of this part. Such documentation shall be made available to the Grantee for review
upon request.
The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential
property containing less than eight (8) units, all contractors engaged under contracts in excess of
$2,000.00 for construction, renovation or repair work financed in whole or in part with assistance
provided under this contract, shall comply with Federal requirements adopted by the Grantee
pertaining to such contracts and with the applicable requirements of the regulations of the
Department of Labor, under 29 CFR 1, 3, 5 and 7 governing the payment of wages and ratio of
apprentices and trainees to journey workers; 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. The Subrecipient shall
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cause or require to be inserted in full, in all such contracts subject to such regulations, provisions
meeting the requirements of this paragraph.
3. "Section 3" Clause
a, Compliance
Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as
implemented by the regulations set forth in 24 CFR 75, 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 Grantee, the
Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to
fulfill these requirements shall subject the Grantee, the Subrecipient and any of the
Subrecipient's subrecipients and subcontractors, their successors and assigns, to those
sanctions specified by the Agreement through which Federal assistance is provided. The
Subrecipient certifies and agrees that no contractual or other disability exists that would
prevent compliance with these requirements.
The Subrecipient further agrees to comply with these "Section 3" requirements and to
include the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement 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 t the greatest
extent L__sibl ppor unities L-_ a_-.n.ng and
oral w ore grea�es� extent rea�rore opportunities rur training and
employment be given to low- and very low-income residents of the project
area, and that contracts for work in connection with the project be awarded
to business concerns that provide economic opportunities for low- and very
low-income persons residing in the metropolitan area in which the project
is located."
The Subrecipient further agrees to ensure that opportunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of
lead -based paint hazards), housing construction, or other public construction project are
given to low- and very low-income persons residing within the metropolitan area in which
the CDBG-funded project is located; where feasible, priority should be given to low- and very
low-income persons within the service area of the project or the neighborhood in which the
project is located, and to low- and very low-income participants in other HUD programs; and
award contracts for work undertaken in connection with a housing rehabilitation (including
reduction and abatement of lead -based paint hazards), housing construction, or other public
construction project to business concerns that provide economic opportunities for low- and
very low-income persons residing within the metropolitan area in which the CDBG-funded
project is located; where feasible, priority should be given to business concerns that provide
economic opportunities to low- and very low-income residents within the service area or the
neighborhood in which the project is located, and to low- and very low-income participants
in other HUD programs.
The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
11rl p'o 12 Clr [/
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 worker's representative of its commitments
under this Section 3 clause and shall post copies of the notice in conspicuous places available
to employees and applicants for employment or training.
c. Subcontracts
The Subrecipient will include this Section 3 clause in every subcontract and will take
appropriate action pursuant to the subcontract upon a finding that the subcontractor is in
violation of regulations issued by the grantor agency. The Subrecipient will not subcontract
with any entity where it has notice or knowledge that the latter has been found in violation
of regulations under 24 CFR Part 75 and will not let any subcontract unless the entity has first
provided it with a _preliminary_ statement of ability to comply with the requirements of these
regulations.
D. Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written
consent of the Grantee thereto; provided, however, that claims for money due or to become due to
the Subrecipient from the Grantee 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 Grantee.
2. 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 Grantee prior to the
execution of such agreement.
.
b. Monitoring
The Subrecipient will monitor all subcontracted services on a regular basis to assure contract
compliance. Results of monitoring efforts shall be summarized in written reports and
supported with documented evidence of follow-up actions taken to correct areas of
noncompliance.
c. Content
The Subrecipient shall cause all of the provisions of this contract in its entirety to be induded
in and made a part of any subcontract executed in the performance of this Agreement.
d. Selection Process
The Subrecipient shall undertake to ensure that all subcontracts let in the performance of
this Agreement shall be awarded on a fair and open competition basis in accordance with
applicable procurement requirements. Executed copies of all subcontracts shall be
forwarded to the Grantee along with documentation concerning the selection process.
3. Hatch Act
The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall
be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15
of Title V of the U.S.C.
4. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 2 CFR 200.317-327 and 24 CFR 570.611,
which include (but are not limited to) the following:
a. The Subrecipient shall maintain a written code or standards of conduct that shall
govern the performance of its officers, employees or agents engaged in the award
and administration of contracts supported by Federal funds.
b. No employee, officer or agent of the Subrecipient shall participate in the
selection, or in the award, or administration of, a contract supported by Federal
funds if a conflict of interest, real or apparent, would be involved.
C. No covered persons who exercise or have exercised any functions or responsibilities
with respect to CDBG-assisted activities, or who are in a position to participate
in a decision -making process or gain inside information with regard to such
activities, may obtain a financial interest in any contract, or have a financial
interest in any contract, subcontract, or agreement with respect to the CDBG-
assisted activity, or with respect to the proceeds from the CDBG-assisted activity,
either for themselves or those with whom they have business or immediate family
ties, during their tenure or for a period of one (1) year thereafter. For purposes of
this paragraph, a "covered person" includes any person who is an employee,
agent, consultant, officer, or elected or appointed official of the Grantee, the
Subrecipient, or any designated public agency.
5. Lobbvina
The Subrecipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it,
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 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;
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, it will complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions; and
C. It will require that the language of paragraph (d) of this certification be included
in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
that all Subrecipients shall certify and disclose accordingly:
Lobbying Certification
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352,
title 31, U.S.C. Any person who fails to file the required certification shall be subject
to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
6. Coovright
If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency
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 or materials for governmental purposes.
7. Religious Activities
The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently
religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or
prose lytization.
XI. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following requirements insofar as they apply to the
performance of this Agreement:
• rlaan Air Art d) 1 I S [ 7dn1 Pt cPn
• Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, etseq., 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 50, as amended.
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the
Subrecipient shall assure that for activities located in an area identified by the Federal Emergency
po"(( 15 of LJ
Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood
Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or
construction purposes (including rehabilitation).
C. Lead -Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance
provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and
24 CFR 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners,
prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such
properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and
explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint
poisoning and the advisability and availability of blood lead level screening for children under seven. The
notice should also point out that if lead -based paint is found on the property, abatement measures may be
undertaken. The regulations further require that, depending on the amount of Federal funds applied to a
property, paint testing, risk assessment, treatment and/or abatement may be conducted.
D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR 800,
Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they
apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or
local historic property list.
XII. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected
thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
XIII. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only and
shall not limit or otherwise affect the terms of this Agreement.
Ia I�Arll-1 v ;IZJ
The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with
respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or
provision shall not constitute a waiver of such right or provision.
XV. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of
funds received under this Agreement and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to
this Agreement.
IN WITNESS WHEREOF, County and Municipality have duly executed this Agreement, which shall become
effective as of the latest date written below.
ATTEST:
CYA. eam 6&kt�)
Missy Carranco, Deputy Town Clerk
ATTEST:"— ' " V
Weld County Clerk to the Board
TOWN OF FIRESTONE, COLORADO
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Kevin D. Ross, Chair
Page 17 of P
AUG 26 M4
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