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HomeMy WebLinkAbout22-21 Approving A Professional Services Agreement Between Brothers Redevelopment, Inc_1.26.2022 PSRESOLUTION N". 22-21 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND BROTHERS REDEVELOPEMENT, INC. WHEREAS, the Town of Firestone is committed to providing for stability and prosperity and encouraging future investment and continued reinvestment in its Historic Firestone neighborhood; and WHEREAS, the Town of Firestone seeks to encourage greater access to more affordable housing options by stabilizing and preserving its existing housing base; and WHEREAS, the Town of Firestone has applied for Community Development Block Grant (CDBG) funding through Weld County and will seek to leverage those funds to promote stability and livability in Historic Firestone; and WHEREAS, Brothers Redevelopment, Inc. has served Colorado communities since 1971 providing affordable, safe and accessible housing solutions for low-income, elderly and disabled residents, including such services as home repair; and WHEREAS, Brothers Redevelopment is equipped to address the Firestone community housing issues, including the affordable housing shortage and an aging population that wants to age in place; and WHEREAS, Brothers Redevelopment has experience working within the confines of Community Development Block Grant funding requirements and reporting conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Professional Services Contract between the Town of Firestone and Brothers Redevelopment, Inc. is approved in substantially the same form as the copy attached hereto as Exhibit A and made a part of this resolution and the Mayor is authorized to sign the Agreement. INTRODUCED, READ AND ADOPTED this 26t�' day of January, 2022. TOWN OF FIRESTONE, COLORADO IN iiiiiiiiiiiiiiiiiiiiiillillililllliiiiiiiiiiiiiiiiiiiiiiiI y Jes�ic Koenig, CMC, William P. Hayashi, Town Attorney NINDUMMMAIII Brothers Redevelopment Professional Services Agreement _pages Professional Services Agreement Brothers Redevelopment, Inc. THIS AGREEMENT ("Agreement"), entered into thisday of,.IaJL. , 2022 by and between the Town of Firestone ("Town") and Brothers Redevelopment, Inc. ("Contractor"). Town and Contractor are referred to herein collectively as the "Parties" and each individually as a "Party." WHEREAS, the Town has applied for 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 Town wishes to engage the Contractor to assist the Town in utilizing such funds once awarded; and WHEREAS, in accordance with the Weld County Action Plan and Community Development Block Grant (CDBG) national objectives, the Town wishes to conduct a Single Family Housing Rehabilitation Program, an eligible CDBG activity per 24 CFR §570.202(a)(1), and one which meets the National Objective of benefitting low- to moderate -income households located within the Town of Firestone; and WHEREAS, per 24 CFR Part 58, the Town as the responsible entity will work with Weld County to completed a Tier I program level environmental review for the activities to be carried out with the funding provided by this agreement; NOW, THEREFORE, it is agreed between the Parties hereto that; I. SCOPE OF SERVICE a. Activities The Contractor will be responsible for administering a CDBG funded Single Family Housing Rehabilitation Program in a manner satisfactory to the Town and consistent with regulations governing the use of federal entitlement funds. Such program will include the following activities eligible under the Community Development Block Grant program: i. Project Delivery Complete approximately 18-56 housing rehabilitation projects according to the following guidelines: Application intake and income qualification based on current HUD AMI limits for the Weld County Area. Contractor to collect all required support documentation from the applicant to make a determination of eligibility. Application and income qualification forms to be provided by the Town. Preparation of a Tier 2 Environmental Review Statutory Checklist for each property considered for assistance. Tier 2 checklists to be submitted to the Town's Economic Development Neighborhood Services Department for review and approval prior to the commitment of funds for each property. Documentation of inspections to determine the adequacy and expected system life of major building components required per household upon approved application. Use of appropriately certified testing agencies to sample for hazardous building materials when required. Prioritization of repairs and modifications as stated in the program description and policies to be followed for each household. Use of appropriately licensed and insured contractors to carry out a variety of home repairs that address urgent health and safety issues. Documentation of all program activities inwell-organized project files made available to the Town for monitoring. ii. General Administration Program marketing to low- to moderate -income households and areas within the corporate limits of the Town of Firestone. Development of an open and competitive procurement process for creating a list of pre - qualified, appropriately licensed and insured contractors able to carry out repairs under the program. The process will be subject to review by the Town's Planning and Development Department prior to implementation. Preparation and submittal of monthly pay requests for reimbursement for program activities. Pay requests to include Contractor invoices, Contractor staff timecards, and any other documentation deemed necessary by the Town to determine the eligibility of costs requested for reimbursement. Preparation and submittal of monthly reports detailing accomplishments, demographic and income data for all program participants. Reports and program beneficiary data to be provided to the TOWN. Reporting forms to be provided by the Town. Participation in ongoing monitoring of program activities as required. b. National Objectives 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. 2 The Contractor certifies that the activity or activities carried out under this Agreement will benefit a clientele who are exclusively low and moderate income persons, as verified by the following: Household income eligibility requirements which limit the activity exclusively to low and moderate income persons per 24 CFR § 570.208(2)(i)(C). Household income shall be determined in accordance with the definition of annual income in 24 CFR § 570.3 (2). c. Levels of Accomplishment -Goals and Performance Measure The Contractor agrees to provide the following levels of program services: Activity Units per Quarter Total Units/Year Housing Rehabilitation I Approx. 4-14 1 Approx. 18-56 d. Staffing For Contractor: Jason McCullough, Director, Home Modification and Repair Department For Town: Paula Mehle, Director, Economic Development Neighborhood Services Department Any changes in the Key Personnel assigned or their general responsibilities under this project are subject to the prior approval of the Town. e. Performance Monitoring The Town will monitor the performance of the Contractor against goals and performance standards as stated above and in accordance with the Town's Performance Monitoring Plan. Substandard performance as determined by the Town will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Contractor within a reasonable period of time after being notified by the Town, contract suspension or termination procedures will be initiated. II. TIME OF PERFORMANCE Services of the Contractor are expected to start on or about June 1, 2022. Services provided under this Agreement are expected to end on or about June 31, 2023, or such other date as the Town notifies the Contractor in writing. The term of this Agreement may be extended without the provision of additional CDBG funds by mutual agreement of the Town and the Contractor. The term A this Agreement may be extended up to one (1) additional one-year period, contingent on funding availability, by mutual agreement of the Town and the Contractor in writing. III. BUDGET The PROJECT budget is based on an estimate of costs typical for similar programs administered by the Contractor. The following table is a summary of the project budget. All requests for reimbursement will include back-up documentation substantiating eligibility: Administration 10% Salaries and Benefits $22,100 Facility Expenses $50 Phone $50 Office supplies $20 Insurance $50 Travel $1 20 Admin Total $25,00 Project Delivery Costs 90% Construction $160,00 Materials $25,00 Labor -Direct Costs $40,00 Project Delivery Total $225,00 TOTAL $250,000 Any indirect costs charged must be consistent with the conditions of Paragraph VIII (C)(2) of this Agreement. In addition, the Town may require a more detailed budget breakdown than the one contained herein, and the Contractor shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the Town. Any amendments to the budget must be approved in writing by both the Town and the Contractor. IV. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Town under this Agreement shall not exceed Two Hundred Fifty Thousand Dollars ($250,000). 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 an approved indirect cost allocation plan. Payments may be contingent upon certification of the Contractor's financial management system in accordance with the standards specified in 2 CFR 200.300-309. 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 Agreement shall be directed to the following contract representatives: Town Project Manager: Town of Firestone, Economic Development Neighborhood Services Department Paula Mehle, Director 9950 Park Avenue Firestone, CO 80504 Contractor Brothers Redevelopment, Inc. Jason McCullough, Director, Home Modification and Repair Department 2250 Eaton St, Garden Level, Ste B Denver, CO. 80214 VI. GENERAL CONDITIONS a. General Compliance The Contractor 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 Contractor does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the Contractor does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Contractor also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Contractor 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 ofemployer/employee between the parties. The Contractor shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Town shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Contractor is an independent contractor. c. Hold Harmless and Governing Law 5 The Contractor shall hold harmless, defend and indemnify the Town from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Contractor's performance or non-performance of the services or subject matter called for in this Agreement. This Agreement is subject to and shall be interpreted under the laws of the State of Colorado, and the Charter, Town Code, ordinances, rules and regulations of the Town of Firestone, Colorado, a statutory Town and Colorado municipal corporation and any laws or rules and regulations governing the award of funds by the United States Department of Housing and Urban Development. Court venue and jurisdiction shall exclusively be in the Colorado District Court for Weld County, Colorado. The Parties agree that this Agreement shall be deemed to have been made in, and the place of performance is deemed to be in, the Town of Firestone, Weld County, State of Colorado. d. Workers' Compensation The Contractor shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. e. Insurance and Bonding The CONTRACTOR certifies and agrees to purchase and maintain the following insurance requirements throughout the Agreement Time of Performance defined in Section II above. i. Workers' Compensation and Employers' Liability as required by statute. Employers' Liability coverage is to be carried for a minimum of $100,000. ii. Commercial General Liability for limits not less than $1,000,000 Combined Single Limit for bodily injury and property damage for each occurrence and not less than $2,000,000 aggregate. Coverage shall include premises and operations liability, blanket contractual, broad form property damage, products and completed operations and personal injury endorsements. iii. Automobile Liability for limits not less than $1,000,000 Combined Single Limit for bodily injury and property damage for each occurrence. Coverage shall include owned, non -owned and hired automobiles. iv. The PROPERTY OWNER shall purchase or cause the Contractor to purchase and maintain property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property. 0 v. Property insurance shall be written on a Covered Cause of Loss -Special Form, replacement cost coverage, including coverage for flood and earth movement. Except for workers' compensation Cl"d employer's liability insurance, the Town of Firestone must be named as an additional insured. No funds shall be due or paid to the CONTRACTOR until CONTRACTOR has complied with the insurance provisions of this Agreement. Certificates of Insurance must provide 30 days' notice to the Town prior to any cancellation, non -renewal, or material changes to policies required under the contract. If any of the CONTRACTOR'S insurance policies become null, void, canceled or otherwise rendered ineffective at any time, the Town, at the Town's option, may suspend this Agreement until a new policy is obtained by CONTRACTOR. No funds shall be deemed due, owed, or shall be paid for services performed during a period of suspension under this section. Suspended periods shall be considered lost time under this Agreement and the Town may, at the Town's option adjust the Agreement funds accordingly. No suspension shall be deemed to extend or otherwise alter the period of this Agreement. The CONTRACTOR shall comply with the bonding requirements of CFR 200.304 and the insurance requirements of CFR 20003106 f. Town Recognition The Contractor shall insure recognition of the role of the Town 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 Contractor will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. g. Amendments The Town or Contractor 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, where required, approved by the Town's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Town or Contractor from its obligations under this Agreement. The Town 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 Town and Contractor. h. Suspension or Termination 7 In accordance with 2 CFR Part 200, Appendix II, Paragraph (A), the Town may suspend or terminate this Agreement if the Contractor materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: i. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutesI regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at anytime; ii. Failure, for any reason, of the Contractor to fulfill in a timely and proper manner its obligations under this Agreement; iii. Ineffective or improper use of funds provided under this Agreement; or iv. Submission by the Contractor to the Town reports that are incorrect or incomplete in any material respect. In accordance with 2 CFR Part 200 Appendix II, Paragraph (B), this Agreement may also be terminated for convenience by either the Town or the Contractor, 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 Town determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Town may terminate the award in its entirety. This Agreement is expressly made subject to the limitations of the Colorado Constitution. Nothing herein shall constitute, nor be deemed to constitute, the creation of a debt or multi -year fiscal obligation or an obligation of future appropriations by the Town Board of Trustees of Firestone, contrary to Article X, § 20, Colo. Const., or any other constitutional or statutory debt limitation. Notwithstanding any other provision of this Agreement, with respect to any financial obligation of the Town which may arise under this Agreement in any fiscal year after the year of execution, in the event the budget or other means of appropriation for any such year fails to provide funds in sufficient amounts to discharge such obligation, such failure (i) shall act to terminate this Agreement at such time as the then- existing and available appropriations are depleted, and (ii) neither such failure nor termination shall constitute a default or breach of this Agreement, including any sub -agreement, attachment, schedule, or exhibit thereto, by the Town. As used herein, the term "appropriation" shall mean and include the due adoption of an appropriation ordinance and budget and the approval of a Budget Detail Report (Resource Allocations) which contains an allocation of sufficient funds for the performance of fiscal obligations arising under this Agreement. This Agreement is also made subject to the availability of federal funds allocated to the Town for the purposes of this Agreement. In the case of federal funds partially or wholly being unavailable to cover the costs of the services contemplated under this Agreement, the Town may terminate this Agreement. VII. Administration Requirements a. Financial Management Accounting Standards The Contractor agrees to comply with the Standards for Financial and Program Management at 2 CFR 200.300-309 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. ii. Cost Principles The Contractor shall administer its program in conformance with OMB Cost Principles at 2 CFR Part 200, Subpart E. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. b. Documentation and Record Keeping i. Records to be Maintained The Contractor 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: 1. Records providing a full description of each activity undertaken; 2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; 3. Data showing the size and annual income of each household receiving assistance; 4. For staff costs paid under the Agreement: staff time and activity records demonstrating the time allocable to activity delivery and any time allocable as general administration as may be authorized per the Project Budget established in Section III of this Agreement. 5. Records required to document the improvement of real property carried out with CDBG funds; 6. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program as described in 24 CFR 570.506(g); 7. Financial records as required by 24 CFR 570.506, and 2 CFR 200.333-337; and 8. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. ii. Retention The Contractor shall retain all records pertinent to expenditures incurred under this Agreement, including all financial records, supporting documents, and statistical records, for a period of five (5) years after the date of submission of the final report to HUD in the Consolidated Annual Performance and Evaluation Report (CAPER) in which the PROJECT is reported, or a period as otherwise provided in OMB standards for record retention at 2 CFR 200.333, whichever period is longer. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited that starts before the expiration of the five-year- 0 period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five -year -period, whichever occurs later. iii. Client Data The Contractor shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, and income level or other basis for determining eligibility, and description of service provided. Such information shall be submitted to the Town on a quarterly basis. iv. Disclosure The Contractor 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 Town 's or Contractor'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. v. Close-outs The Contractor's obligation to the Town shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: completion of a project close-out report, disbursement of final payments, and determining the custodianship of records. Final close-out will occur when: • The work was performed and properly billed and final invoice is marked "final;" • All documentation related to the project is received; and • Contractor has provided all project deliverables and met project obligations. vi. Access to Records and Inspections The Contractor shall provide access to all records with respect to any matters covered by this Agreement as provided in OMB requirements (2 CFR 200.336). Further, all Contractor records with respect to any matters covered by this Agreement shall be made available to the Town, appropriate Town agencies, HUD 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. Restrictions on public access to records shall comply with OMB standards (2 CFR 200.337). vii. Audit The Contractor shall provide the Town with information on the total of Federal funds received and expended during the term of this agreement. Contractor will cooperate with the Town in determining if the amount of Federal funds expended meets the threshold for applying the audit requirements for recipients of Federal funds, as established by the Federal Office of Management and Budget (2 CFR Part 200 Subpart F). If the Contractor meets the threshold, it will complete in a timely manner an audit that meets OMB standards and provide a copy of the audit report to the Town upon completion. Any deficiencies noted in audit reports must be fully cleared by the Contractor within 30 days after receipt by the Contractor. Failure of the Contractor to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. c. Reporting and Payment Procedures Payment Procedures The TOWN will pay to the Contractor funds available under this Agreement based upon information submitted by the Contractor and consistent with any approved budget and Town policy concerning payments. Payments will be made for eligible expenses actually incurred by the Contractor. ii. Indirect Costs If indirect costs are charged, the Contractor will develop an indirect cost allocation plan (or as otherwise authorized under 2 CFR 200.414) for determining the appropriate Contractor's share of administrative costs and shall submit such plan to the Town for approval, in a form specified by the Town. iii. Progress Reports The Contractor shall submit regular Progress Reports to the Town in the form, content, and frequency as required by the Town. iv. Program Income This project will not generate program income. d. Procurement • u . � .iF1T� Unless specified otherwise within this agreement, the Contractor shall procure all materials, property, or services required under this agreement in accordance with current Town procurement policies, or the requirements of 2 CFR 200.317-326, whichever is more restrictive. VIII. PERSONNEL &PARTICIPANT CONDITIONS a. Civil Rights i. Compliance The Contractor agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII 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, I 1478, 12107 and 12086. ii. Nondiscrimination 11 The Contractor 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 Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. . Section 504 The Contractor 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 Town shall provide the Contractor with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. b. Affirmative Action Executive Order 11246 The Contractor agrees that it will comply with Subpart B of Executive Order 11246 as it relates to Contractors' Agreements and required contract provisions. ii. Women- and Minority -Owned Businesses (W/MBE) The Contractor will comply with OMB requirements at 2 CFR 200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms and 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 "minority 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 Contractor may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. iii. Notifications Regarding Affirmative Action The Contractor 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 Contractor's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. iv. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that it is an Equal Opportunity or Affirmative Action employer. v. Subcontract Provisions 12 The Contractor 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 contractors or subcontractors. c. Employment Restrictions Prohibited Activity The Contractor 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. ii. Labor Standards The Contractor 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 in so far as those acts apply to the performance of this Agreement. The Contractor agrees to comply with the Copeland Anti- Kick Back Act (18 U.S.C. 874 et seq.) and it's implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Contractor shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Town for review upon request. The Contractor 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 Town pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts I, 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 Contractor of its obligation, if any, to require payment of the higher wage. The Contractor shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. iii. "Section 3" Clause 1. 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 Town, the Contractor and any of the Contractor's contractors and subcontractors. Failure to fulfill these requirements shall subject the Town, the Contractor and any of the Contractor's contractors and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Contractor certifies and 13 agrees that no contractual or other disability exists that would prevent compliance with these requirements. In all the subcontracts executed under this Agreement, the Contractor 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 to the greatest extent feasible opportunities for 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 Contractor 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 Contractor certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 2. Notifications The Contractor 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. 3. Subcontracts The Contractor 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 Contractor will not subcontract i�! with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 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. 4. Contractor certifies that Contractor shall comply with the provisions of C.R.S. Sec. 8- 17.5-I 01 et seq. 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 Agreement. Contractor represents, warrants, and agrees that it (i) has confirmed that it does not employ any illegal aliens, either through participation in the eVerify program administered by the Social Security Administration and Department of Homeland Security or by means of the Colorado Department of Labor program, and (ii) otherwise will comply with the requirements of C.R.S. Sec. 8-17.5-102(2)(b). Contractor will comply with all reasonable requests made in the course of an investigation under C.R.S. Sec. 847.5d02 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. Sec. 8-17.5401 et seq., the Town may terminate this contract for breach. d. Conduct i. Assignability The Contractor shall not assign or transfer any interest in this Agreement without the prior written consent of the Town thereto; provided, however, that claims for money due or to become due to the Contractor from the Town 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 Town. ii. Subcontracts 1. Approvals The Contractor shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the TOWN prior to the execution of such agreement. 2. Monitoring The Contractor will monitor all subcontracted services as scheduled in the TOWN's performance monitoring plan 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. 3. Content The Contractor shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 15 4. Selection Process The Contractor shall undertake to insure 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 Town along with documentation concerning the selection process. iii. Hatch Act The Contractor 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. iv. Conflict of Interest The Contractor agrees to abide by the provisions of 2 CFR 200.112 and 570.611, which include the following: 1. The Contractor 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. 2. No employee, officer or agent of the Contractor 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. 3. 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 Town, the Contractor, or any designated public agency. v. Lobbying The Contractor hereby certifies that: 1. 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; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. 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 Contractors shall certify and disclose accordingly: 4. 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 failure. vi. Copyright If this contract results in any copyrightable material or inventions, the Town 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. Religious Activities The Contractor 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 proselytization. IX. ENVIRONMENTAL CONDITIONS a. Air and Water The Contractor agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: Clean Air Act, 42 U.S.C., 7401, el seq.; Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. b. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 400 I), the Contractor shall assure that for activities located in an area identified by the Federal Emergency 17 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 Contractor 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 Part 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 Contractor agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this 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. TOWN will determine actions necessary to comply with Historic Preservation requirements in conjunction with its Environmental Review and will specify such required actions in the Scope of Services for activit(y)(ies) under this Agreement. X. 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. XI. 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. XII. WAIVER The TOw" 's failure to act with respect to a breach by the Contractor does not waive its right to act with respect to subsequent or similar breaches. The failure of the Town to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XIII. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the Town and the Contractor 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 Town and the Contractor with respect to this Agreement. EXECUTED THIS0%W DAY OFJftMMWA,, 2022 TOWN OF T B: Bobbi Sindelar, Mayor ATTEST 91�� Kee Jessica Koenig, CMC, w Clerk BROTHERS REDEVELOPMENT, INC. A Colorado Nonprofit Corporation By: Jeff NolrtWz, Executive Di ctor 19