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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: CDBG Subrecipient Agreement- Project #23-6 Frederick Brigit's Village
DEPARTMENT: CDBG DATE: 3/11/24
PERSON REQUESTING: Elizabeth Relford & Cynthia Martin
Brief description of the problem/issue: The proposed subrecipient agreement with the Town of Frederick for
their Brigit's Village project needs BOCC approval and authorization for the Chair to sign for the grant
program to proceed.
The Subrecipient Agreement identifies the project scope, reimbursement process, and the requirements the
subrecipient must follow. The proposed agreement was drafted using the subrecipient template approved by the
BOCC on September 22, 2022. Award of CDBG funding in the amount of $275,000 for this program was approved
by the BOCC on June 20, 2023.
Brigit's Village is a proposed 40 -unit new construction apartment complex in Frederick, Colorado. The
apartments will be income restricted to households earning between 30% - 70% AMI. The development will be
Frederick's first affordable housing rental community. The $18.7 million development includes 1, 2 and 3 -bedroom
units, amenities for residents (exercise room, meeting room, kitchenette, outdoor play areas and gardens) and a
community room that can be used by the public at no cost. The project will have a Land Use Restriction
Agreement (LURA) that income restricts the property for 40 years.
CDBG funds will be used for a portion of the facility fees for the project to include water dedication fees, water
tap installation fees, nan-potable irrigation fees and sewer tap fees. The Town of Frederick will waive local
building fees up to $600,000 and the Weld County Housing Authority has awarded the project sixteen (16) project -
based vouchers. The project was awarded Low Income Housing Tax Credits (LIHTCs) in May 2023 allowing the
development to move forward.
What options exist for the Board? (include consequences, Impacts, costs, etc. of options):
1. Approve to place the agreement on the next available BOCC agenda.
2. Schedule a work session to discuss.
Recommendation:
Public Works is recommending placement of the agreement on the next available BOCC agenda for approval.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Kevin D Ross, Chair
Scott K. James
Mike Freeman
Lori Saine
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2024-0877
SUBRECIPIENT AGREEMENT FOR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT entered this Oay of)20 by and between the Weld County
Community Development Block Program (herein called the "Grantee") and Town of Frederick
(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; and
WHEREAS, the Grantee and Subrecipient have an executed Cooperation Agreement.
NOW, THEREFORE, it is agreed between the parties hereto that:
I. $COPE OF SERVICE
A. Activities
The Subrecipient will be responsible to provide the following infrastructure improvements in
the form of water dedication fees, water tap installation fees, and non -potable irrigation fees for
low to moderate -income persons to Benefit 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 infrastructure improvements will be in the form of PAYMENT TO
THE TOWN OF FREDERICK FOR THEIR facility fees to include water
dedication fees, water tap installation fees, and non -potable irrigation fees
for Brigit's Village, a 40 -unit new construction apartment in the Town of
Frederick with income restricted rents serving low to moderate -income
households.
General Administration
The Subrecipient will provide general administration and monitoring of the Grant. Subrecipient
will be responsible for the execution and completion of all Town -required development
standards in the construction of the project.
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
°WV- 0177
slums or blight; or meet community development needs having a particular urgency, as
defined in 24 CFR 570.208.
The Subrecipient certifies that the activities carried out under this Agreement will be of
Benefit to low- and moderate -income persons by providing adequate infrastructure that will
allow for the construction of housing for low- to moderate -income persons.
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: reimbursement
of the costs of the facility fees for Brigit's Village Apartments; to include water dedication
fees, water tap installation fees, and non -potable irrigation fees.
Activity
Milestones
Date
Amount
Activity #1
Building Permit Issued
June 2024
Not to exceed 90%
Activity #2
Certificate of Occupancy Issued
September 2025
100%
Lease -up of 50% of all units
December 2025
D. Staffing
Ryan Johnson, Assistant Town Manager, Town of Frederick, will serve as the Project Manager.
Max Daffron, Economic Development Manager, Town of Frederick, will assist with project
management.
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 the Notice to Proceed and end on the 31"
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.
III. BUDGET
Line Item
Amount:
Weld County CDBG Program
Town of Frederick fee waiver
Owner
$ 275,000
$ 535,000
$ 90,000
TOTAL Facility Fees
$ 900,000
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.
IV. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee under this
Agreement shall not exceed $275,000. Drawdowns for the payment of eligible expenses shall
be made as follows: request for reimbursement of facility fees may commence after a building
permit for Brigit's Village has been issued and is not to exceed 90% of the grant amount. The
remaining 10% may be drawn down after issuance of a certificate of occupancy for and 51%
lease -up of units at Brigit's Village Apartment 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.
For construction activities: Draw requests can be submitted no more frequently than at the
following points in the work: 25% draw request when work is 35% complete; 50% draw request
when work is 60% complete; 75% draw request when work is 85% complete; to reach 90%
draw when work is 100% complete; remaining 10% when all lien waivers and completion
reports have been submitted as required. Lien waivers are required before the final payment and
certified payrolls are required at every stage of the draw schedule, if Davis Bacon requirements
are in force.
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
Subrecipient
Elizaeth Relford
CDBG Manager
1111 H Street
Greeley, CO 80632
erelford@weldgov.com
970-673-5836
Tracie Crites
Mayor
P.O. Box 435
Frederick, CO 80530
tcrites@frederickco.gov
720-382-5504
VI. SPECIAL CONDITIONS
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 County Commissioners.
Progress reports will be due quarterly April 30th, July 31st, October 31St, and January
31st 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.
VII. GENERAL CONDITIONS
Code of Federal Regulations
https://www.govinfo.gov/app/collection/cfr/
'Noe: Links to the Code of Federal Regulations [CFR] 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
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 (I ) 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
To the extent allowed by law, 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.
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 under this 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 sech 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:
I . 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.
VIII. ADMINISTRATIVE REOUIREMENT*
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
I. 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 submission of the Grantee's annual
performance and evaluation report to HUD in 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.
2. 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.
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 copies 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:
1. 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.
2. 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 oftime, 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 ACOUISITION. 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
I. Compliance
The Subrecipient 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, 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 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. 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 Ad, 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 Subrecipient may rely on written representations by businesses regarding their
status as minority and female business enterprises in lieu of an independent
investigation.
2. 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 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.
3. 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.
4. Equal Employment 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.
5. 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
1. Prohibited Activity
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 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 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 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 projector 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.
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
I. 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 included 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. Lobbying
The Subrecipient hereby certifies that:
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;
b. 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:
d. 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. Copyright
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 proselytization.
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:
Clean Air Act, 42 U.S.C., 7401, et seq.
Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and
information, as well as other requirements specified in said Section 114 and
Section 308, and all regulations and guidelines issued thereunder;
Environmental Protection Agency (EPA) regulations pursuant to 40 CFR
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 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
abutment 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. KVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shalt 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.
XIV. AMUR
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.
X V. EISTIRLACRIME112
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: TOWN OF FREDERICK, COLORADO
By:
ATTEST:
BY:
k . the Board
Deputy CI?' to he Bo
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
vin D. Ross, Chair
APR 1 5 2024
- 4'177
Contract F
Entity Information
Entity Name *
FREDERICK, TOWN OF
Entity ID*
@00002377
Contract Name*
FREDERICK WC CDBG SUBRECIPIENT AGREEMENT -
23-6
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
7929
Contract Lead
CMARTIN
Contract Lead Email
cmartin@weldgov.com
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
THE TOWN OF FREDERICK WAS AWARDED A WELD COUNTY CDBG PROGRAM GRANT IN THE AMOUNT OF
$275,000. THE SUBRECIPIENT AGREEMENT IDENTIFIES THE PROJECT SCOPE, TIMELINE, REIMBURSEMENT PROCESS
AND FEDERAL REQUIREMENTS THE TOWN MUST FOLLOW.
Contract Description 2
Contract Type
AGREEMENT
Amount*
$275,000.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
CDBG
Department Email
CM-CDBG@weldgov.com
Department Head Email
CM-CDBG-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
DGOV.COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda Due Date
Date* 03/16/2024
03/20/2024
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
NO
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Review Date *
10/31/2025
Committed Delivery Date
Renewal Date
Expiration Date*
12/31/2025
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
MAX DAFFRON
Purchasing
Purchasing Approver
Approval Process
Department Head
ELIZABETH RELFORD
DH Approved Date
03/28/2024
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
04/15/2024
Finance Approver
CHERYL PATTELLI
Purchasing Approved Date
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
03/28/2024 04/09/2024
Tyler Ref*
AG 041524
Originator
CMARTIN
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