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Home My WebLink About20230796.tiffej acl- I'b c/( BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Amendment to CDBG Subrecipient Agreement - Town of Keenesburg Accessible Sidewalk Project #22-7 DEPARTMENT: CDBG DATE: 10/15/24 PERSON REQUESTING: Elizabeth Relford & Cynthia Martin Brief description of the problem/issue: The Town of Keenesburg's Accessible Sidewalk Project has been completed but not closed out. The project has resulted the construction/reconstruction of 3,950 lineal feet of ADA accessible sidewalks and curb and gutter and fourteen (14) ADA complaint ramps in an older, residential neighborhood with a high concentration of senior citizens. where many sidewalks are non-existent or only four (4) foot wide. The wait for utility relocates and Town staffing issues resulted in two extensions of the time of performance for this project pushing the construction of the sidewalk and ramps forward into Spring of 2024. Significant cost overruns were encountered during the construction which the Town covered with their funds. The Town of Keenesburg has requested additional financial assistance, if possible, to cover some of these cost overruns. In order to award additional funding to this project the current subrecipient agreement must be amended to reflect an increased award amount. The attached Amendment to the Subrecipient Agreement for this project proposes an increased award amount of $234,250 (an additional $21,750 in funding representing an increase of about 10% over the current $212,500 award) and an extension of the time of performance until December 31, 2024 in order to execute the amended agreement. After the award of 2022 CDBG funds to five projects, there was a balance of $30,290 unspent which, in the 2022 Annual Action Plan, were set aside in a contingency fund to cover cost overruns on approved projects and reserved for the next grant year. What remains of this funding would be used to cover the additional $21,750 in funding for this project, should this request be approved. Note: The time of performance for this project last extended on April 17th as referenced in item (2) of the attached amendment agreement. What options exist for the Board? 1. The Board approves the attached agreement and authorizes the BOCC Chair to sign. 2. The Board denies the Town's request for additional funding for this project. 3. The Board requests a work session to further discuss the matter. Consequences: With option 1, the Town of Keenesburg's request would be honored and the Town able to be claim a total reimbursement of $234,250 in CDBG funding for this project. Choosing option 2, the Town would be able to claim a total reimbursement of $221,500. Choosing option 3, would delay the close out of this project. Impacts: The award of additional CDBG funds in support of this project would ease the project's cost burden on the Town of Keenesburg and would be a suitable use of 2022 funds that are not being used on other projects. Costs (Current Fiscal Year/ Ongoing or Subsequent Fiscal Years): $21,750 in 2023 funds. Recommendations: CDBG staff recommends Option 1 I0/30/u-1- cc: Oh°e cct) to/30/244 023-a-1g1� Fl 001 % Perry L. Buck, Pro -Tern Kevin D Ross, Chair Scott K. James Mike Freeman Lori Saine Suooart Recommendation Schedule Place on BOCC Aaenda Work Session ft Other/Comments: AMENDMENT TO SUBRECIPIENT AGREEMENT FOR CDBG FUNDS BY AND BETWEEN THE WELD COUNTY CDBG PROGRAM AND THE TOWN OF KEENESBURG, CO DATED FEBRUARY 21, 2023 THIS AMENDMENT to the Community Develo mj�n��t�� B��lo��ck Grant Subrecipient Agreement, dated February 21, 2023, is entered into and made effective as of this �V day of 0�;Ct(}e V , Zuc,—i (the "Effective Date") by and between the Weld County Community development Block Grant Program (herein called the "Grantee") and the Town of Keenesburg (herein called the "Subrecipient") provides for an amendment to said Subrecipient Agreement. WHEREAS the Grantee and the Subrecipient entered into a Community Development Block Grant Subrecipient Agreement on February 21, 2023 (the "Agreement"); and WHEREAS both parties agree to amend the Subrecipient Agreement; and, NOW THEREFORE the parties agree to modify the following parts of the agreement: Section IV PAYMENT and Section II TIME OF PERFORMANCE as set forth below: 1. Section IV of the Agreement with the Subrecipient dated February 21, 2023, which states: It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed $212,500 is hereby amended to read: It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed $234,250. 2. Section II of the Agreement with the Subrecipient dated February 21, 2023, as amended April 17, 2024, which states: Services of the Subrecipient shall start on the date of the Notice to Proceed and end on the 1St day of June 2024 is hereby amended to read: Services of the Subrecipient shall start on the date of the Notice to Proceed and end on the 31St day of December 2024. 3. Except as otherwise providedhereinall terms and conditions of the agreement shall remain in full force and effect. Z5 APPROVED AND SIGNED THIS Ciday of 66-00,/ , lag , Nunc pro tunc 15C day of June 2024. WE,W COL.I NZ'( , COLORADO ATTEST: B —W,CerhA)Gay • •e, "eD ; ATTEST: Weld County Clerk to the Board nw BY: ,Y Deputy Clerk to the Board on Lam, Mayor BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO D. Ross, Chair 0CT 3 0 2024 ZOZ3—cci ontract Entity Information Entity Name* Entity ID* TOWN OF KEENESBURG @00003349 Contract Name * AMENDMENTS TO SUBRECIPIENT AGREEMENT KEENESBURG ACCESSIBLE SIDEWALK PROJECT Contract Status CTB REVIEW Contract ID 8781 Contract Lead * CMARTIN Q New Entity? Parent Contract ID 6727 Requires Board Approval YES Contract Lead Email Department Project # cmartin@weld.gov 22-7 Contract Description * AMENDMENTS TO SUBRECIPIENT AGREEMENT INCREASING THE NOT TO EXCEED AMOUNT PAID BY GRANTEE TO $234,250 AND EXTENDING THE TIME OF PERFORMANCE TO DECEMBER 31, 2024. Contract Description 2 Contract Type * Department AMENDMENT CDBG Amount* $234,250.00 Renewable * NO Automatic Renewal Grant IGA Department Email CM-CDBG@weld.gov Department Head Email CM-CDBG- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV 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* 10/19/2024 10/23/2024 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 Contact Info Review Date* 12/02/2024 Committed Delivery Date Renewal Date Expiration Date* 12/31/2024 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head ELIZABETH RELFORD DH Approved Date 10/24/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10/30/2024 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 10/24/2024 10/28/2024 Tyler Ref # AG 103024 Originator CMARTIN N BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Amend to Extend CDBG Subrecipient Agreement 2 — Keenesburg Accessibility Sidewalk Project DEPARTMENT: CDBG DATE: 3/25/24 PERSON REQUESTING: Elizabeth Relford & Cynthia Martin Brief description of the problem/issue: The time of performance (contract deadline) of the subrecipient agreement between the Town of Keenesburg and the Weld County CDBG Program for Keenesburg's Accessibility Sidewalk Project ended March 1, 2024. The Town of Keenesburg has requested more time to complete the project. The utility locates needed for this project to move forward have yet to come so, rather than wait any longer, the Town has modified the project and is the project is currently underway. Weld County CDBG staff wishes to extend this deadline out 90 days to June 1, 2024 to allow additional time to complete this project. Staff requests the Board of County Commissioners authorize the Board Chair to sign the attached Amend to Extend Subrecipient Agreement. The template for this agreement has been reviewed and approved by Bruce Barker, County Attorney. What options exist for the Board? 1. Concur with extension and authorize Board Chair to sign. 2. Do not concur. Consequences: Authorizing signature of Amend to Extend agreement would extend the time for the project to be completed and still be in compliance with the subrecipient agreement. Without an extension, the Town of Keenesburg would not be able to comply with the current contract deadline. Impacts: Not being not in compliance with the subrecipient agreement would cause the project to lose its CDBG funding likely resulting in a cancellation of the project by the Town of Keenesburg. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The grant award amount is $212,500. If the project cannot be completed, the $212,500 set aside for this project would be returned to the Weld County CDBG Program to be reallocated to future projects. Recommendation: Staff recommends option 1. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro -Tern Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Saine CAMal+ 99211;19L- ec,o7G,84,,a, a),6& 1(et9);ap (Fie/ 4//7/.20- Fto0-173. r AMEND TO EXTEND SUBRECIPIENT AGREEMENT FOR CDBG FUNDS BY AND BETWEEN THE WELD COUNTY CDBG PROGRAM AND THE TOWN OF KEENESBURG, CO DATED FEBRUARY 21, 2023 THIS AMENDMENT to the Community Devellooment Block Grant Subrecipient Agreement, dated February 21, 2023, is entered into and made effective as of this 1 of gpyf 1� 2024 (the "Effective Date") by and between the Weld County Community Development Block Grant Program (herein called the "Grantee") and the Town of Keenesburg (herein called the "Subrecipient") provides for extension of the agreement until June 1, 2024. WHEREAS the Grantee and the Subrecipient entered into a Community Development Block Grant Subrecipient Agreement on February 21, 2023 (the "Agreement") and; WHEREAS both parties agree to extend the Subrecipient Agreement for an additional time period; and, NOW THEREFORE the parties agree to modify the following parts of the agreement: Section II TIME OF PERFORMANCE as set forth below. 1 Section II of the Agreement with the Subrecipient dated February 21, 2023 which states: Services of the Subrecipient shall start on the day of the Notice to Proceed and end on the 30. day of November 2023 is hereby amended to read: Services of the Subrecipient shall start on the day of the Notice to Procced and end on the 1" day of June 2024. 2. Except as otherwise provided herein all terms and conditions of the agreement shall remain in full force and effect. APPROVED AND SIGNED THIS __Litt Vi , 2024 nunc pro tunc March 1, 2024 ATTEST: By: Christina FLYnan z, Clerk ATTEST: W.,,ravv Jeit,:„k. Weld County Clerk to the Board BY: Deputy Clerk to a Board TOWN OF KEENESBURG, COLORADO By: Aron am, Mayor BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Perry k, Chair Pro -Tern APR 1 7 2024 020,1,3 - O794 ontrct Entity Information Entity Name* Entity ID* TOWN OF KEENESBURG @00003349 Contract Name * AMEND TO EXTEND KEENESBURG WC CDBG SUBRECIPIENT AGREEMENT _22-7 Contract Status CTB REVIEW Contract ID 7988 Contract Lead CMARTIN Q New Entity? Parent Contract ID 6727 Requires Board Approval YES Contract Lead Email Department Project # cmartin@weldgov.com Contract Description * KEENESBURG WAS AWARDED A WELD COUNTY CDBG PROGRAM GRANT IN THE AMOUNT OF $212,000 FOR A SIDEWALK PROJECT. THIS AGREEMENT EXTENDS THE TIME OF PERFORMANCE FOR THIS PROJECT OUT 90 DAYS UNTIL JUNE 1, 2024. Contract Description 2 Contract Type * Department AMENDMENT CDBG Amount* $0.00 Renewable NO Automatic Renewal Grant IGA 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* 04/04/2024 04/08/2024 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 Contact Info Review Date 05/20/2024 Committed Delivery Date Renewal Date Expiration Date* 06/01/2024 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head ELIZABETH RELFORD DH Approved Date 04/10/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 04/17/2024 Finance Approver CHERYL PATTELLI Legal Counsel KARIN MCDOUGAL Finance Approved Date Legal Counsel Approved Date 04/11/2024 04/12/2024 Tyler Ref* AG 041724 Originator CMARTIN Cor*v c: 15-1Z BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Amend to Extend CDBG Subrecipient Agreement — Keenesburg Accessibility Sidewalk Project DEPARTMENT: CDBG DATE: 10/17/23 PERSON REQUESTING: Elizabeth Relford & Cynthia Martin Brief description of the problem/issue: The time of performance (contract deadline) of the subrecipient agreement between the Town of Keenesburg and the Weld County CDBG Program for Keenesburg's Accessibility Sidewalk Project ends Nov. 30, 2023. The project had stalled as the Town struggled with delayed utility relocates required to move forward with the project and staff turnover and vacancies. The Town recently hired a new Town Manager, Matt Canterbury, and are working with United Power and others to underground the utilities in the project area. Weld County CDBG staff wishes to extend this deadline out 90 days to March 1, 2024 to allow additional time to complete this project. Staff requests the Board of County Commissioners authorize the Board Chair to sign the attached Amend to Extend Subrecipient Agreement. The template for this agreement has been reviewed and approved by Bruce Barker, County Attorney. What options exist for the Board? 1. Concur with extension and authorize Board Chair to sign. 2. Do not concur. Consequences: Authorizing signature of Amend to Extend agreement would extend the time for the project to be completed and still be in compliance with the subrecipient agreement. Without an extension, the Town of Keenesburg would not be able to comply with the current contract deadline. Impacts: Not being not in compliance with the subrecipient agreement would cause the project to lose its CDBG funding likely resulting in a cancellation of the project by the Town of Keenesburg. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The grant award amount is $212,500. If the project cannot be completed, the $212,500 set aside for this project would be returned to the Weld County CDBG Program to be reallocated to future projects. Recommendation: Staff recommends option 1. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine COnStO PI /(D/Z3 r‘ \Act koid a 6)-ktg-,-(e/e-De 2023-09 (p Karla Ford From: Sent: To: Cc Subject: Scott)ames Thursday, October 26, 2023 5:23 AM Karla Ford Scott James Re: Please Reply - Amend to Extend CDBG Subrecipient Agrmt - Keenseburg Accessibility Sidewalk Project Importance: High I'm a little late - sorry. Approve Scott K. James Weld County Commissioner, District 2 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 970.336.7204 (Office) 970.381.7496 (Cell) Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. On Oct 25, 2023, at 8:08 AM, Karla Ford <kford@weld.gov> wrote: <2940_001.pdf> AMEND TO EXTEND SUBRECIPIENT AGREEMENT FOR CDBG FUNDS BY AND BETWEEN THE WELD COUNTY CDBG PROGRAM AND THE TOWN OF KEENESBURG, CO DATED FEBRUARY 21, 2023 THIS AMENDMENT to the Community Development Block Grant Subrecipient Agreement, dated February 21, 2023, is entered into and made effective as of this _142:_tof °e bbe', , 2023 (the "Effective Date") by and between the Weld County Community Development Block Grant Program (herein called the "Grantee") and the Town of Keenesburg (herein called the "Subrecipient") provides for extension of the agreement until March 1, 2024. WHEREAS the Grantee and the Subrecipient entered into a Community Development Block Grant Subrecipient Agreement on February 21, 2023 (the "Agreement") and; WHEREAS both parties agree to extend the Subrecipient Agreement for an additional time period; and, NOW THEREFORE the parties agree to modify the following parts of the agreement: Section II TIME OF PERFORMANCE as set forth below. 1. Section II of the Agreement with the Subrecipient dated February 21, 2023 which states: Services of the Subrecipient shall start on the day of the Notice to Proceed and end on the 30`h day of November 2023 is hereby amended to read: Services of the Subrecipient shall start on the day of the Notice to Procced and end on the 1v day of March 2024. 2. Except as otherwise provided herein all terms and conditions of the agreement shall remain in full force and effect. APPROVED AND SIGNED THIS / iv1`` of LCi�bher, 2023. ATTEST: ATTEST: �..�� ;&k. Weld Cou ty Clerk to the Bo BY: Deputy Clerk to he Bard TOWN OF KEENESBURG, COLORADO By: Aron Lam, Mayor BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO NOV 0 6 2323 ao,2o-o79" Contract Form Entity Information Entity Name* Entity ID* TOWN OF KEENESBURG @00003349 Contract Name * AMEND TO EXTEND SUBRECIPIENT AGREEEMENT KEENESBURG ACCESSIBILITY SIDEWALK PROJECT Contract Status CTB REVIEW ❑ New Entity? Contract ID 7572 Contract Lead CMARTIN Contract Lead Email cmartin@weldgov.com Parent Contract ID 6727 Requires Board Approval NO Department Project # 22-7 Contract Description * AMEND SUBRECIPIENT AGREEMENT FOR THIS PROJECT TO EXTEND THE TIME OF PERFORMANCE OUT 90 DAYS TO MARCH 1, 2024. Contract Description 2 Contract Type* Department AMENDMENT CDBG Amount* $212,500.00 Renewable * NO Automatic Renewal Grant IGA 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* 11/04/2023 11/08/2023 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 * 02/01/2024 Committed Delivery Date Renewal Date Expiration Date* 03/01/2024 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 MARK GRAY PRIMARY MGRAY@KEENESBURG.ORG 970-467-1 512 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 10/30/2023 Approval Process Department Head .CURTIS HALL DH Approved Date 10/30/2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 11/06/2023 Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 10/30/2023 10/30/2023 Tyler Ref # AG 110623 Originator CMARTIN n ckl'D14 kol BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS AROUND TITLE: CDBG Subrecipient Agreement — Town of Keenesburg Accessible Sidewalks Project DEPARTMENT: CDBG DATE: March 3, 2023 PERSON REQUESTING: Cynthia Martin Brief description of the problem/issue: The proposed subrecipient agreement with the Town of Keenesburg for their Accessible Sidewalks Project needs Board of County Commissioners' 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 Town must follow. This is an agreement between the Town and County and must be approved for signature at a regular board meeting. We are sending the attached agreement for approval by the Board of County Commissioners and authorization for the Chair to sign. This agreement utilizes the template approved by the Board by resolution on Sept. 22, 2022. The Town of Keenesburg will be doing a sidewalk project in older, residential neighborhoods of Town aimed at increasing the accessibility of their sidewalks and removing architectural barriers which restrict mobility for their elderly and handicapped residents. In these areas of town, some of the current sidewalks are too narrow to meet ADA standards or even non-existent in patches forcing pedestrians to walk in the street and many of the ramps non-ADA compliant or non-existent. CDBG funding would be used to construct/reconstruct approx. 3,759 lineal feet of sidewalk and fourteen (14) ADA ramps in neighborhoods with a high concentration of seniors. The Weld County CDBG Program grant to the Town is in the amount of $212,000 What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. The Board approves and authorizes signature of this agreement on the next available BOCC agenda. 2. The Board requests a work session to further discuss the agreement. Recommendation: Staff recommends the Board approve the agreement as and authorize the Chair to sign on the next available BOCC agenda. Approve Recommendation Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine Cone Q111\610,- 03/ 20/23 Schedule Work Session Other/Comments: c•(?)t,60,-.C:De&) 3/023/42,5 2023-0796 SUBRECIPIENT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT entered this ri-r 1day of • 20 by and between the Weld County Community Development Block Program (he in called the "Grantee") and Town of Keenesburg, Colorado (herein called the "Subrecipient"). WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; WHEREAS, the Grantee and Subrecipient have an executed Intergovernmental Agreement for Conduct of Community Development Block Grant Program in Weld County (the "IGA"); NOW, THEREFORE, it is agreed between the parties hereto that; I. SCOPE OF SERVICE A. Activities The Subrecipient will be responsible to provide the following activity(ies): infrastructure improvements for the benefit of Keenesburg's seniors, persons with disabilities and low and moderate -income residents to meet the National Objective of Benefit to Low and Moderate - Income Persons. The Subrecipient will be responsible for administering the Community Development Block Grant funds consistent with any standards required as a condition of providing these funds. Program Delivery Activity #1 The Town of Keenesburg will construct approximately 3,759 LF of sidewalk, demolish existing sidewalks where needed and construct 14 ADA compliant ramps in neighborhoods with high concentrations of seniors and low to moderate -income persons within the town limits. Existing sidewalks in the project area currently less than five (5) feet in width will be demolished and replaced with five (5) foot wide sidewalks to meet current ADA standards. General Administration The Town will provide general administration and monitoring of the work performed. B. National Obiectives All activities funded with CGGBCDBG funds must meet one of the CDBG program's National Objectives: benefit low- and moderate -income persons; aid in the prevention or elimination oa3_ 0791 of slams or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208. The Subrecipient certifies that the activity(ies) carried out under this Agreement will meet the Benefit to Low and Moderate -Income Persons criterion through the removal of architectural barriers that restrict accessibility and mobility of elderly and disabled persons. C. Levels of Accomplishment — Goals and Performance Measures The Subrecipient agrees to provide the following levels of program services: construction of approximately 3,759 LF of sidewalk, demolition of existing sidewalks where needed and construction of 14 ADA compliant ramps. A tj_ Activity #1 Activity #1 Activity #1 Activity #1 Activity #1 D. SSaffipg % of proiect completion Construction begins 35% of construction completed 75% of construction completed 100% of construction completed 100% project completion Date accomplished by April 1, 2023 April 25, 2023 May 15, 2023 May 31, 2023 May 31, 2023 Mask Gray, Public Works Director, Town of Keenesburg will serve as Project Manager. Jeremy Muse, Facilities Manager, Town of Keenesburg will assist with project management. (Together, Mr. Gray and Mr. Muse are the "Key Personnel" for purposes of this Agreement.) Anychanges 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 measures 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 after being notgied 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 30th day of November, 2023. 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. HI. BUDGET Line Item Amount: Weld County CDBG Program grant $212,500 Construct new 5' sidewalks $50,690 Demolish non -compliant sidewalks 34,950 Reconstruct non -compliant sidewalks 84,860 Construct ADA compliant ramps 42,000 TOTAL $212,500 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 $212,500. Drawdowns for the payment of eligible expenses shall be made against the line -item budgets specified in Paragraph III herein and in accordance with performance. Expenses for general administration shall also be paid against the line -item budgets specified in Paragraph III and in accordance with performance. 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 at every stage of the draw schedule, as are certified payrolls, 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 folbwing contract representatives: Weld CDBG Office Elizabeth Relford Deputy Director, Public Works 11Street Greeley, CO 80632 erefford@weldgov.com 970 673-5836 VI. SPECIAL CONDITIONS Subrecipient Aron Lam Mayor 91 W Broadway Ave. Keenesburg, CO 80643 Mayor@keenesburg.org 303 732-4281 Al projects regardless of scope, require an environmental review. Reviews will be completed by the County prior to issuing a notice to proceed. If the subrecipient wishes to extend the time given for project completion, they will need to notify the Weld County CDBG Program in writing forty-five (45) days in advance unless due to unforeseen circumstances. Weld County CDBG staff may extend the time of performance of this subrecipient agreement up to 90 days without prior approval from the Weld County Board of Commissioners. Progress reports will be due quarterly April 30a', July 31St, October 31. and January 31. 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 (Note: 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 ersure the links are the most current one available) Code of Federal Regulations httbs://www.govinfo.gov/app/collection/dr/ A. General Compliance The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local bum, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. "Independent Contractor" Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. C. Hold Harmless The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. D. Workers' Compensation The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. 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 requirements of 2 CFR 200.304 and 2 CFR 200.310, Bonds and Insurance Coverage. 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 cad governmental guidelines, policies and available funding amounts, or for other reasons. # sich amendments result in a change in the funding, the scope of services, or schedule of -he activities to be undertaken as part of this Agreement, such modifications will be r►cirirporated only by written amendment signed by both Grantee and Subrecipient. H. Suspension or Termination in accordance with 2 CFR 200.339, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include bit are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 2 CFR 200.340, 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 sae" 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 aenaining 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. ADNIINRISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Subrecipient agrees to comply with 2 CFR 200.303 — 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. 2. Cost Principles The Subrecipient shall administer its program in conformance with 2 CFR Part 225, "Cost Principles for State, Local, and Indian Tribal Governments." as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keeping 1. Records to be Maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 2 CFR.200. 303-309; and g. Other records necessary to document compliance with Subpart K of 24 CFR Part 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 HOD 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. 3. Client Data The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. 4. Disclosure The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Subrecipient's responsibilities with respect to services provided under this contract, is prohibited unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The Subrecipient's obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 6. Audits & Inspections All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and 2 CFR Part 200 Subpart F. 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 a copy(ies) of Subrecipient's check for payment of the invoices. Additionally, the Progress/Inspection Report should be submitted with activity progress noted for the period for which reimbursement is being requested. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Subrecipient. 4. Progress Reports The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content, and frequency as required by the Grantee. D. Procurement 1. Compliance The Subrecipient shall comply with the procedures delineated at 2 CFR 200.317-327 when procuring all materials, property, and/or services (including the purchase of equipment( under this agreement. It is the Subrecipient's responsibility to be familiar with the procedures for each level of procurement and to request technical assistance. The Subrecipient shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement. Subrecipient shall, to the greatest extent feasible, reach out through advertising, phone or email notice, or other means, and solicit bids from, Section 3 business concerns (as set forth in Paragraph X.C.3, below), 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 ase and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 2 CFR Part 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. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. 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 that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. IX. RELOCATION. REAL PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING REPLACEMENT The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Praraerty Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) gorrning 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 relccation 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 acgpisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The Suh-ecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. X. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title 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. Approved Plan The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women- and Minority -Owned Businesses (W/MBE1 The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "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. 3. Access to Records The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. Equal 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. 6. Subcontract Provisions The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors. C. Employment Restrictions 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 Part 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 Parts 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 project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 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 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. D. Conduct 1. Assignability The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Subcontracts a. Approvals The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement. b. Monitoring The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c. Content The Subrecipient shall cause all of the provisions of this contract in its entirety to be 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: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 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 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. 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 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 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 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. XII. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. XIII. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. XIV. WAIVER The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XV. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this Agreement. [NOTE: For the above sections, if the Subrecipient is a governmental or quasi -governmental agency, the applicable sections of 2 CFR Part 200 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," and 2 CFR Part 225 would apply.] 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 KEENESBURG, COLORADO By: Christina Fernandez, Town Clerk ron Lam, Mayor ATTEST:da444) CI .. ;. •44. BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk he Board /� �. •`� Mike Freeman, Chair MAR 2 0 2323 Contract Form New Contract Request Entity Information Entity Name* TOWN OF KEENESBURG Entity ID. X470003349 ❑ New Entity? Contract Name. Contract ID KEENESBURG WC CDBG SURRECIPIENT AGREEEMNT_22-7 6727 Contract Status CTB REVIEW' Contract Lead. CMARTIN Contract Lead Email cmartin,inweidgov.com Parent Contract ID Requires Board Approval YES Department Project 22-7 Contract Desaiption * KEENESBURG WAS AWARDED A WELD COUNTY CDBG PROGRAM GRANT IN THE AMOUNT OF 5212,000 FOR A SIDEWALK PROJECT. THE SUBRECIPIENT AGREEMENT IDENTIFIES THE PROJECT SCOPE, TIMELINE. REIMBURSMENT PROCESS AND FEDERAL REQUIREMENTS THE TOWN MUST FOLLOW. Contract Description 2 Contract Type. AGREEMENT Amount. $212,000.00 Renewable. NO Automatic Renewal Grant Department CDBG Department Email CM-CDBGO weldgov.com Department Head Email CM-CDBG- Does Contract require Purchasing Dept. to be included? DeptHead`weldgov.c©m NO Requested BOCC Agenda Date. 03;08,2023 Due Date 03,'04;2023 Will a work session with BUCC be required?* NO County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO RN EYAWELDG OV.COM if this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Effective Date Review Date. 08/07,'2023 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date* 11(30/2023 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 MARK GRAY PRIMARY MGRAYi_UKEENESBURG.ORG 970-467-1 512 LAURIE KUNTZ SECONDARY LKUNTZdKEENESBURG.ORG 303-732-4281 Purchasing Purchasing Approver Approval Process Department Head ELIZABETH RELFORD DH Approved Date 03 1 3, 2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03?20/2023 Originator C MARTI N Finance Approver CHERYL PATTELLI Purchasing Approved Date Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 03; 1 3;'2023 03 1412023 Tyler Ref # AG 032023 Hello