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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE CDBG Subrecipient Agreement - Town of Firestone Old Town ADA Ramp Project
DEPARTMENT: CDBG DATE: 9/25/23
PERSON REQUESTING: Elizabeth Relford and Cynthia Martin
Brief description of the problem/issue:
The proposed subrecipient agreement with the Town of Firestone for their Old Town ADA Ramp Project
needs Board of Court/ Commissioners' approval and authorization for the Chair to sign to sign the
agreement to proceed.
The Subrecipient Agreement identifies the project scope, reimbursement process, and the requirements the
Town must follow. This agreement utilizes the template approved by the Board by resolution Sept. 22, 2022.
The Town of Firestone will be replacing between eighteen (18) and twenty-four (24) non -conforming ADA
ramps in Historic Firestone with ramps that meet the current Federal ADA design standards. CDBG funds
will be used for the demolition and construction costs of these ramps and, where needed, relocation of
utilities and landscaping, replacement of curb and gutter and asphalt patching within the Town's right of way.
The Weld County CDBG Program grant to the Town is in the amount of $150,000.
What options exist for the Board?
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.
Consequences: With option 1, the project can move forward without delay. Choosing option 2
would delay the start of the project.
Impacts: Delaying the start of the program would push back the construction start date to late
fall, early winter.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): $150,000 cap on grant funding.
Recommendation:
Staff recommends Option 1.
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
2023-3110
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SUBRECIPIENT AGREEMENT FOR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT entered this ay oltc+,20jy and between the Weld County Community
Development Block Grant Program (herein called the "Grantee") and Town of Firestone (herein
called the "Subrecipient").
WHEREAS, the Grantee has applied for and received funds from the United States Government
under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public
Law 93-383; and
WHEREAS, the Grantee has established the Weld County Community Development Block Grant
Program and desires to engage the Subrecipient to assist the Grantee in utilizing such funds;
WHEREAS, the Grantee and Subrecipient have an executed Cooperation Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein,
the parties agree as follows:
I. SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible to provide the following activities): removal of
architectural barriers which restrict the mobility and accessibility of elderly and handicapped
persons (describe the activity(ies)) to meet the National Objective of Benefit to Low and
Moderate -income Persons and for administering the Community Development Block Grant
funds in a manner satisfactory to the Grantee consistent with any standards required as a
condition of providing these funds.
Program Delivery
Activity #1
The Subrecipient will hire a contractor to replace between 18 and 24 non -conforming
Americans with Disabilities Act ("ADA") ramps within the Historic Firestone
neighborhoods with ramps that meet the current ADA design and construction
standards. The project work shall consist of: removing the existing concrete sidewalk
and integrated gutter, removing the existing non -conforming ADA ramps located at
the intersections, removing the existing concrete cross pans integrated with
ramps/gutters located at the intersections, reconditioning of the subgrade and
subbase (aggregate base course) as needed to construct ADA grades, placement of
concrete sidewalk and gutter, placement of ADA Ramps with detectable warning
truncated domes, dowels connecting new ramp to existing sidewalks, placement of
concrete cross pan located at the intersections, placement and compaction of asphalt
patching, relocation of wet utilities that precludes construction of ADA compliant
ramps, landscape restoration, and all work associated with constructing an ADA
compliant ramp. All work to be performed at street intersections.
General Administration
The Town will provide general administration and monitoring of the project work
performed.
B. National Objectives
All activities funded with CDGB funds must meet one of the CDBG program's National
Objectives: benefit low- and moderate -income persons; aid in the prevention or elimination
of slums or blight; or meet community development needs having a particular urgency, as
defined in 24 CFR 570.208.
The Subrecipient certifies that the activities performed under this Agreement will meet
the National Objective of Benefit to Low and Moderate -income by improving access to
public services through the removal of accessibility barriers.
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:
Activity
Activity #1
Activity #1
Activity #1
Activity #1
Activity #1
D. Staffing
Percent of project completion Date accomplished by
Start of construction
35% of construction complete
75% of construction complete
100% of construction complete
Project completion
April 1, 2024
May 23, 2024
July 23, 2024
August 16, 2024
August 30, 2024
Paula Mehle, Town of Firestone, Director of Economic Development & Firestone Urban Renewal
Authority, will serve as Project Manager. Nathan Hassis, P.E., Town of Firestone, Senior Civil
Engineer will serve as Assistant Project Manager.
Any changes in the above 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
30`" day of August 2024. 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
Project Contributions: Amount:
Weld County CDBG grant
Southern Firestone Urban Renewal Area
Town of Firestone CIP Program
Project Line -item Costs:
Removal (Saw cutting/SW/C&G/Signs/Ramp)
Stormwater Protection
Irrigation Repair
Excavation 6"
Subgrade Stabilization
6" ABC/Recycled Concrete Base Course
2' HMA Patching
Vertical Concrete Curb and Gutter
Concrete ADA Ramp
Truncated Domes
Concrete Flatwork
Traffic Control
TOTAL
$150,000
25,000
25,000
$ 41,788
5,175
4,140
5,165
12,226
13,283
18,630
15,525
46,575
2,587
27,686
7,219
$200,000
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 $150,000. Drawdowns for the payment of eligible expenses
shall be made against the line -item budgets specified in Paragraph III herein and in
accordance with performance. Expenses for general administration shall also be paid against
the line -item budgets specified in Paragraph III and in accordance with performance.
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 agreement shall be directed to the
following contract representatives:
Grantee
Elizabeth Belford
CDBG Manager
1111 H Street
Greeley, CO 80631
erelford@weldgov.com
970 673-5836
VI. SPECIAL CONDITIONS
Subrecipient
Drew Peterson
Mayor
950 Park Avenue
Firestone, CO 80504
dpeterson@firestonego.gov
303 833-3291
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 desires to extend the time given for project completion, it must 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.
Subrecipient's progress reports will be due quarterly April 30'S, July 31St, October 315` and January
315` 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.
Compliance with Section 504 of the Rehabilitation Act of 1973, HUD's implementing regulations
(24 CFR Part 8), the Americans with Disabilities Act, (ADA) and its implementing regulations, (28
CFR Parts 35, 36), and the Architectural Barriers Act (ABA) and its implementing regulations (24
CFR Parts 40, 41).
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 ensure the links are the most current one available)
Code of Federal Regulations
https://www,govinfo.aov/app/collection/cf1
A. General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)) including subpart K of these regulations,
except that (1) the Subrecipient does not assume the recipient's environmental
responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the
recipient's responsibility for initiating the review process under the provisions of 24 CFR Part
52. The Subrecipient also agrees to comply with all other applicable Federal, state and local
laws, regulations, and policies governing the funds provided under this Agreement. 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, to the extent permitted by law, 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 2CFR200.
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 party, 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 such amendments result in a change in the funding, the scope of services, or schedule of
the activities to be undertaken as part of this Agreement, such modifications will be
incorporated only by written amendment signed by both Grantee and Subrecipient.
H. Suspension or Termination
In accordance with 2 CFR 200, the Grantee may suspend or terminate this Agreement if the
Subrecipient materially fails to comply with any terms of this Agreement, which include (but
are not limited to) the following:
1. Failure to comply with any of the rules, regulations or provisions referred to
herein, or such statutes, regulations, executive orders, and HUD guidelines,
policies or directives as may become applicable at any time;
2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper
manner its obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the Subrecipient to the Grantee reports that are incorrect
or incomplete in any material respect.
In accordance with 2 CFR 200, this Agreement may also be terminated for convenience by
either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for
such termination, the effective date, and, in the case of partial termination, the portion to be
terminated. However, if in the case of a partial termination, the Grantee determines that the
remaining portion of the award will not accomplish the purpose for which the award was
made, the Grantee may terminate the award in its entirety.
VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with 2 CFR 200 and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal
controls, and maintain necessary source documentation for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with 2 CFR Part 200 as
applicable. These principles shall be applied for all costs incurred whether charged
on a direct or indirect basis.
B. Documentation and Record Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations
specified in 24 CFR 570.506, that are pertinent to the activities to be funded under
this Agreement. Such records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one
of the National Objectives of the CDBG program;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use
or disposition of real property acquired or improved with CDBG
assistance;
e. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
f. Financial records as required by 24 CFR 570.502 and 2 CFR.200;
and
g. Other records necessary to document compliance with Subpart K of
24 CFR 570.
2. Retention
The Subrecipient shall retain all financial records, supporting documents, statistical
records, and all other records pertinent to the Agreement for a period of four (4)
years. The retention period begins on the date of the submission of the Grantee's
annual performance and evaluation report to HUD in which the activities assisted set
forth 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 Agreement, 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.
S. 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 Agreement 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 Agreement. 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 time of performance for activities
permitted under this Agreement 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 Agreement's term. 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 Agreement 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 of time, the Subrecipient shall pay the Grantee an amount equal to the
current fair market value of the property less any portion of the value attributable
to expenditures of non-CDBG funds for acquisition of, or improvement to, the
property. Such payment shall constitute program income to the Grantee. The
Subrecipient may retain real property acquired or improved under this Agreement
after the expiration of the five-year period [or such longer period of time as the
Grantee deems appropriate].
3. In all cases in which equipment acquired, in whole or in part, with funds under this
Agreement is sold, the proceeds shall be program income (prorated to reflect the
extent to which funds received under this Agreement were used to acquire the
equipment). Equipment not needed by the Subrecipient for activities under this
Agreement shall be (a) transferred to the Grantee for the CDBG program or (b)
retained after compensating the Grantee [an amount equal to the current fair
market value of the equipment less the percentage of non-CDBG funds used to
acquire the equipment].
IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING REPLACEMENT
The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations
at 49 CFR 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing
the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of
the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation
policies. [The Grantee may preempt the optional policies.] The Subrecipient shall provide
relocation assistance to displaced persons as defined by 24 CFR 570.606)b)(2) that are
displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a
CDBG-assisted project. The Subrecipient also agrees to comply with applicable Grantee
ordinances, resolutions and policies concerning the displacement of persons from their
residences.
X. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as
amended, Title 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 Agreement 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 Agreement, the Subrecipient shall cause or require a covenant running with the
land to be inserted in the deed or lease for such transfer, prohibiting discrimination
as herein defined, in the sale, lease or rental, or in the use or occupancy of such land,
or in any improvements erected or to be erected thereon, providing that the Grantee
and the United States are beneficiaries of and entitled to enforce such covenants.
The Subrecipient, in undertaking its obligation to carry out the program assisted
hereunder, agrees to take such measures as are necessary to enforce such covenant,
and will not itself so discriminate.
4. Section 504
The Subrecipient agrees to comply with all Federal regulations issued pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which
prohibits discrimination against the individuals with disabilities or handicaps in any
Federally assisted program. The Grantee shall provide the Subrecipient with any
guidelines necessary for compliance with that portion of the regulations in force
during the term of this Agreement.
B. Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the
Grantee's specifications an Affirmative Action Program in keeping with the principles
as provided in President's Executive Order 11246 of September 24, 1966. The
Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in
the formulation of such program. The Subrecipient shall submit a plan for an
Affirmative Action Program for approval prior to the award of funds.
2. Women- and Minority -Owned Businesses (W/MBE(
The Subrecipient will use its best efforts to afford small businesses, minority business
enterprises, and women's business enterprises the maximum practicable
opportunity to participate in the performance of this Agreement. As used in this
Agreement, 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
I. 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
Agreement, 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 75 and will not let any subcontract unless the entity has first
provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
D. Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this Agreement without
the prior written consent of the Grantee thereto; provided, however, that claims for
money due or to become due to the Subrecipient from the Grantee under this
Agreement 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 Agreement 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 Agreement 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;
h. 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 Agreement 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 abatement may be conducted.
D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in
the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in 36 CFR 800, Advisory Council on Historic Preservation Procedures for
Protection of Historic Properties, insofar as they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, state, or local historic property list.
XII. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not
be affected thereby and all other parts of this Agreement shall nevertheless be in full force
and effect.
XIII. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for
convenience only and shall not limit or otherwise affect the terms of this Agreement.
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.
IN WITNESS WHEREOF, County and Municipality have duly executed this Agreement, which shall
become effective as of the latest date written below.
ATTEST:
By:
Kristi K. Bashor, CMC, Town Cle
Weld County Clerk to the Board
BY:
Deputy Clerk to .� a Board
TOWN OF FIRESTONE, COLORADO
Drew Alan Peterson, Mayor
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair 0CT 1 8
2323
029,23 -3'1'
RESOLUTION NO. 23-89
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING A SUBRECIPIENT
AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND WELD
COUNTY FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS FOR AN ADA RAMP REPLACEMENT PROGRAM
WHEREAS, Weld County and the Town of Firestone ("Town") have entered into an
Intergovernmental Cooperation Agreement, and as a qualified urban county Weld County is
entitled to receive and distribute Community Development Block Grant ("CDBG") funds within
the County to conduct and administer housing and community development activities and projects;
and
WHEREAS, Weld County has applied for and received CDBG funds from the United States
Government under Title 1 of the Housing and Community Development Act of 1974 as amended
(HCD Act); and
WHEREAS, Weld County shall disburse HCD Act funds to the Town subject to a
Subrecipient Agreement by which the Town will administer an Americans with Disability Act
(`'ADA") Ramp Replacement Program which will replace between 18 and 24 non -conforming
ADA ramps within the Town; and
WHEREAS the Town's Board of Trustees finds that such program is of benefit to the
health, safety and welfare of the community.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
The Subrecipient Agreement between the Town of Firestone and Weld County for use of
Weld County Community Development Block Grant HCD Act funds for an ADA Ramp Replacement
Program is approved in substantially the same form as the copy attached hereto and made a part of
this resolution and the Mayor is authorized to execute the Subrecipient Agreement on behalf of the
Town of Firestone.
INTRODUCED, READ AND ADOPTED this/3Lday obe (ac'g'202 3.
TOF Fl %` ONE, COLORADO
f:
Kr Krlsti K. Bashor, CMC, Town Clerk
Ian Peterson, Mayor
Contract Form
Entity Information
Entity Name *
FIRESTONE, TOWN OF
Contract Name *
FIRESTONE_WC CDBG SUBRECIPIENT
AGREEMENT_#23-7
Contract Status
CTB REVIEW
Entity ID*
@00002500
O New Entity?
Contract ID
7450
Contract Lead *
CMARTIN
Contract Lead Email
cmartin@weldgov.com
Parent Contract ID
Requires Board Approval
NO
Department Project #
23-7
Contract Description *
FIRESTONE RECEIVED A WELD COUNTY CDBG GRANT IN THE AMOUNT OF $1 50,000 FOR A SINGLE-FAMILY
HOUSING REHABILITATION PROJECT. THIS AGREEMENT IDENTIFIES THE PROJECT SCOPE, TIMELINE,
REIMBURSEMENT PROCESS AND FEDERAL REQUIREMENTS THE TOWN MUST FOLLOW.
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$150,000.00
Renewable*
NO
Automatic Renewal
Grant
NO
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
EY@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* 10/05/2023
10/09/2023
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"
05/30/2024
Committed Delivery Date
Renewal Date
Expiration Date*
08/30/2024
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
PAULA MEHLE PRIMARY PMEHLE@FIRESTONECO.GOV 303-531-6265
Purchasing
Purchasing Approver
Approval Process
Department Head
.CURTIS HALL
DH Approved Date
10/12/2023
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
10/18/2023
Finance Approver
CHERYL PATTELLI
Purchasing Approved Date
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
10/13/2023 10/13/2023
Tyler Ref #
AG 101823
Originator
CMARTIN
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