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Home My WebLink About20212188.tiffConivaC-4-L9 I BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Second Extension of CDBG Subrecipient Agreement - Firestone VIA Transit Service DEPARTMENT: CDBG DATE: 9/25/23 PERSON REQUESTING: Elizabeth Relford & Cynthia Martin Brief description of the problem/issue: The Town of Firestone Fas requested an extension of its subrecipient agreement for their Firestone VIA Transit Service Program for an additional five months until Dec. 31, 2023, to enable them to use more of the grant funds awarded them for this project. To date, $67,522 or about 75% of the $90,000 awarded to this project has been reimbursed. Based on past reimbursement rates, extending the time of performance of this grant until Dec. 31, 2023, would result in approximately 92% of the funding awarded to be used to support this program. This agreement was extended once on Sept. 7, 2022, for an additional twelve months ending on July 31, 2023. The Town of Firestone partners with VIA Mobility Services to provide no cost transit to Firestone's elderly, disabled and low-income persons. This grant, originally awarded to the Town of Firestone on March 29, 2021, allows for the extension of hours of this service by nearly 50% from 18 hours a week to 35 hours a week. If the extension of this agreement is approved, the Town of Firestone would continue to offer the expanded hours of service to its residents until Dec. 31, 2023, or until the $90,000 in grant funds committed to the project have been expended whichever occurs first. Ridership was initially impacted by COVID. As riders continue to return to their pre-COVID level of activities such as lunches at the senior center and in -person medical appointments, the program has seen an increase in ridership and a continued demand for the increased hours of service. What options exist for the Board? 1. Approve extension and authorize Board Chair to sign. 2. Not approve extension. Consequences: If the extension is approved, the Town would continue to offer free VIA Mobility Transit Service to their eldery and disabled residents on the existing schedule of 7 hours a day, 5 days a week. If the extension is not approved, the Town could possibly reduce the number of hours of VIA Mobility service offered to their elderly and disabled residents from the existing schedule of 7 hours a day, 5 days a week to the pre -award schedule of 6 hours a day, 3 days a week. Impacts: If approved, the level of service provided by the program would remain the same until Dec. 31, 2023, or until the $90,000 in grant funds have been expended. If not approved, there would be an immediate loss of services by nearly 50%. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): If approved, the remaining $22,478 in unexpended funds would continue to be spent down until Dec. 31, 2023, after which, any unreimbursed funds would return to the Weld County CDBG Program to be reallocated to future projects. If not approved, the remaining $22,478 in unexpended funds would be returned to the Weld County CDBG Program to be reallocated to future projects. Recommendation: Staff recommends option 1. e&: unto{- d19• /a//3/423 2621- 2M �0/tT23 0cri 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 AMEND TO EXTEND SUBRECIPIENT AGREEMENT FOR CDBG FUNDS BY AND BETWEEN THE WELD COUNTY CDBG PROGRAM AND THE TOWN OF FIRESTONE, CO DATED JULY 14, 2021 THIS AMENDMENT to the C munit Development Block Grant Subrecipient Agreement, dated July 14, 2021, is entered into and made effective as of this Hof` 20the "Effective Date") by and between the Weld County Community development Block Grant Program (herein called the "Grantee") and the Town of Firestone (herein called the "Subrecipient") provides for extension of the agreement until December 31, 2023. WHEREAS the Grantee and the Subrecipient entered into a Community Development Block Grant Subrecipient Agreement on July 14, 2021 (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 July 14, 2021 which states: Services of the Subrecipient shall start on the day of the Notice to Proceed and end after twelve months_is hereby amended to read: Services of the Subrecipient shall start on the day of the Notice to Procced and end on December 31, 2023. 2. Except as otherwise provided herein all terms and conditions of the agreement shall remain in full force and effect. APPROVED AND SIGNED THISIof ATTEST: By: c t Kristi Bashor MC, Clerk ATTEST: ddrif41O"' JeL Weld County Clerk to the Board BY: Deputy Clerk to tre Boar nunc pro tunc July 312023. TOWN OF FIRESTONE, COLORADO By: Drew Peterson, Mayor BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair OCT 1 8 2323 1Oc21 2/O0 RESOLUTION NO. 23-88 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO APPROVING AN AMENDMENT TO EXTEND THE SUBRECIPIENT AGREEMENT FOR CDBG FUNDS BY AND BETWEEN THE WELD COUNTY CDBG PROGRAM AND THE TOWN OF FIRESTONE WHEREAS, by Resolution No 21-83 the Town of Firestone ("Town') and the Weld County Community Development Block Grant ("CDBG'") Program entered into a Subrecipient Agreement by which CDBG funds were used to support the Town's Via Transit Project which is a collaborative project with VIA Mobility Services to provide transportation services for qualified persons to locations within the Town and designated locations outside of the Town; and WHEREAS the Town and the Weld County Community Block Grant Program desire to extend the Sub -Recipient Agreement until December 31, 2032. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Amendment to Extend the Subrecipient Agreement for CDBG Funds between the Weld County CDBG Program and the Town of Firestone 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 Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED thisd y of September, 2023. ATTEST: Kr ti K. Basho CMC Town Clerk APPROVED AS TO F William ttomey TOW F FIRE NE, COI..ORADO Drew Alan Peterson, Mayor �© t Ct Entity Information Entity Name * FIRESTONE, TOWN OF Entity ID" @00002500 Contract Name * AMEND TO EXTEND WC CDBG SUBRECIPIENT AGREEMENT - 21-1 Contract Status CTB REVIEW Q New Entity? Contract ID 7461 Contract Lead * CMARTIN Contract Lead Email cmartin@weldgov.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description * AMENDMENT OF THE WC CDBG SUBRECIPIENT AGREEMENT BETWEEN WELD COUNTY AND THE TOWN OF FIRESTONE DATED JULY 14, 2021 TO EXTEND THE CONTRACT DEADLINE TO DEC. 31, 2023. SEE TYLER NUMBER 2021-2188. Contract Description 2 Contract Type* AMENDMENT Amount* $0.00 Renewable * NO Automatic Renewal Grant IGA Department CDBG Department Email CM-CDBG@weldgov.com Department Head Email CM-CDBG- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL RN 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* 10/07/2023 10/11/2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 10/11/2023 Committed Delivery Date Renewal Date Expiration Date* 12/31/2023 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 Purchasing Approved Date 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 Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 10/13/2023 10/13/2023 Tyler Ref # AG 101823 Originator CMARTIN BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Extension of Subrecipient Agreement with Town of Firestone for VIA Mobility Service DEPARTMENT: Finance DATE: July 22, 2022 PERSON REQUESTING: Cynthia Martin Brief description of the problem/issue: The Town of Firestone has requested an extension of their CDBG subrecipient agreement with Weld County CDBG Program for their VIA Mobility Service for an additional year until July 31, 2023, to enable them to use more of the grant funds awarded them for this project. Of the $90,000 awarded for this project, $30,466 has been expended during the first nine months of the project's operation under this grant. During time of performance of this grant, adjacent municipalities (the Town of Frederick and Town of Dacono) joined with the Town of Firestone in providing VIA Mobility Services to their combined area reducing the total costs to the Town of Firestone for the Project. As a result, grant funds are being spent at a slower rate than anticipated. The grant extends the hours of operation of the VIA Mobility Service for Firestone's elderly, disabled and low- income persons by nearly 50%. The extension would allow the Town of Firestone to continue this service to its residents for an additional year or until the $90,000 in grant funds committed to the project have been extended whichever occurs first. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Approve — extended VIA Mobility services continue with current allocated grant funds being used 2. Not Approve — extended VIA Mobility services end and any unspent funds returned to the Weld County CDBG Program to be reallocated. Recommendation: I recommend approval. The possible extension of this agreement for the period of one year was discussed with Don Sandoval before his leaving and received his recommendation as well. Approve Schedule Rec mendation Work Session Other/Comments: Perry L. Buck Mike Freeman, Pro-Tem Scott K. James, Chair Steve Moreno Lori Saine fin+ Ara& cR/0 /as m� v1aemn,.(L 6-pi3g(A,L) 9/i/aa GOBI- ' lca-8-. El 007* Karla Ford From: Sent: To: Subject: Attachments: Approve Steve Moreno Monday, July 25, 2022 9:20 AM Karla Ford Re: Please Reply - PA Extension of Subrecipient Agreement - Firestone VIA Mobility Services image001 jpg; PA Extension of Subrecipient Agreement - Firestone VIA Mobility.doc; 2022.07.11 CDBG Funding Extension Firestone Via Mobility3.pdf; Amendment to Subrecipient Agreement Firestone VIA Transit.docx Sent from my iPhone On Jul 25, 2022, at 10:50 AM, Karla Ford <kford@weldgov.com>wrote: Please advise if you approve recommendation. Thank you. Karla Ford X Executive Assistant & Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford@weidgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** 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. Frorn: Cynthia Martin <cmartin@weldgov.com> Sent: Monday, July 25, 2022 8:48 AM To: Karla Ford <kford@weldgov.com> Cc: Don Warden <dwarden@weldgov.com>; Cheryl Pattelli <cpattelli@weldgov.com> Subject: PA Extension of Subrecipient Agreement - Firestone VIA Mobility Services Karla, The Town of Firestone is requesting an extension of their subrecipient agreement with Weld County CDBG Program. Best, Cynthia Martin, AICP CDBG Analyst 1 AMENDMENT TO EXTEND SUBRECIPIENT AGREEMENT FOR CDBG FUNDS BY AND BETWEEN THE WELD COUNTY CDBG PROGRAM AND THE TOWN OF FIRESTONE, CO DATED JULY 14, 2021 THIS AMENDMENT to the Community Development Block Grant Subrecipient Agreement dated July 14, 2021, is entered into and made effective as of this 7 day ofSepn 022 (the "Effective Date") by and between the Weld County Community DevelopmeneBlock Program (herein called the "Grantee") and the Town of Firestone, Colorado (herein called the "Subrecipient") provides for extension of the agreement until July 31, 2023. WHEREAS, the Grantee and the Subrecipient entered into a Community Development Block Grant Subrecipient Agreement on July 14, 2021 ("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. I . Section II of the Agreement with the Subrecipient, dated July 14, 2021, which states: Services of the Subrecipient shall start on day of the Notice to Proceed and end after twelve months, is hereby amended to read: Services of the Subrecipient shall start on day of the Notice to Proceed and end on July 3 I, 2023. 2. Except as otherwise provided herein all terms and conditions of the agreement shall remain in full force and effect. +h APPROVED AND SIGNED this 7day of Sep+-. , 2022, nunc pro tune, July 31, 2022. ATTEST: ATTEST: COMMISSIONERS Weld County Clerk to the Board BY: Deputy Clerk toi e TOWN OF FIRESTONE, COLORADO By: Drew Peterson, Peterson, Mayor BOARD OF COUNTY OF WELD COUNTY, COLORADO BY: Scott K. James, Chair SEP 0 7 2022 /�� AMENDMENT #1 TO SUBRECIPIENT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS - TOWN OF FIRESTONE APPROVED AS TO SUBSTANCE: A( i I Elected Official or epartmert Head APPROVED AS TO FUNDING: agAig Chief Financial Officer APPROVED AS TO FORM: County Attorney RESOLUTION RE: APPROVE SUBRECIPIENT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZE CHAIR TO SIGN - TOWN OF FIRESTONE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Subrecipient Agreement for Community Development Block Grant Funds between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Finance and Administration, and the Town of Firestone, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Subrecipient Agreement for Community Development Block Grant Funds between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Finance and Administration, and the Town of Firestone, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of July, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datthio Weld County Clerk to the Board BY:71v/� 1 �/ i{ Deputy Clerk to the Boar•�r ounty • ttorney Date of signature: O -7/9-I Steve oreno, Chair I� ames, Pro - Perry L. B ,' k cc: GDBG(DS/CM), FI(Dia) 08/02-/21 2021-2188 F10074 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Town of Firestone CDBG Subrecipient Agreement DEPARTMENT: Finance & Administration DATE: May 12, 2021 PERSON REQUESTING: Don Sandoval Brief description of the problem/issue: Proposed agreement with the Town of Firestone for the CDBG VIA transit expansion project. The agreement form is required by HUD. 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 eventually be approved for signature at a regular board meeting after the town signs it. The project is the expansion of hours of transit service access to the residents of the Town of Firestone from the existing service of 3 days a week 6 hours a day to 5 days a week 7 hours a day and must meet the National Objective of Benefit to Low- and Moderate -income Persons. The CDBG grant to the town is $90,000. HUD requires such subrecipient agreements. The base agreement has been reviewed by both our county attorneys' staff (Gabe) and HUD. What options exist for the Board? (include consequences, impacts, costs, etc. of options): The board can make changes to the agreement. The board can approve the agreement. The board may want a work session as this will be the first of 3 subrecipient agreements. Recommendation: I recommend approval of the agreement. I don't believe a work session is necessary. Perry L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lori Saine Approve Recommendation T Schedule Work Session Other/Comments: 2021-2188 r7/,,21 SUBRECIPIENT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, entered this I`T " day ofjA 2021 by and between the Weld County Community Development Block Program (hereiPcalled the "Grantee") and the Town of Firestone (herein called the "Subrecipient"). WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds. WHEREAS, the Grantee and Subrecipient have an executed Cooperation Agreement; NOW, THEREFORE, it is agreed between the parties hereto that; I. SCOPE OF SERVICE A. Activities The Subrecipient will be responsible to provide the following activity(ies): Expanded hours of transit service access to the residents of the Town of Firestone from the existing service of 3 days a week 6 hours a day to 5 days a week 7 hours a day 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 in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Program Delivery Activity #1 The Town of Firestone will amend its current contract with the transit provider, VIA Mobility Services, from the current service provided of 3 days a week with 6 hours of service per day to 5 days a week with at least 7 hours of service per day. The portion of the cost to the Town of Firestone for this service expansion for low- and moderate -income residents of the town including senior citizens residents will be reimbursed by the CDBG program. Activity #2 The Town of Firestone will promote and market the expansion of their current VIA Mobility transit service to inform their low and moderate -income residents of the availability of this transit service being provided them. General Administration The Town of Firestone will provide the general administration of the transit program including monitoring of VIA to determine number of qualified riders and amount of travel, time and location traveled to. 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 activity(ies) carried out under this Agreement will meet the National Objective of Benefit to Low- and Moderate -income Persons by providing access to public transit service to low- and moderate -income persons residents of the town including senior citizens residents. 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: Expanded hours of transit service access to the residents of the Town of Firestone from the existing service of 3 days a week 6 hours a day to 5 days a week 7 hours a day. Market and promote the expanded hours of VIA Mobility Service to all Firestone residents to include those that are low and moderate -income residents. Activity Activity #1 Units per Week Total Units/Year 17 hours/week 884 hours/year Units of Service are the number of additional hours of VIA Mobility transit service (above and beyond current service hours) provided to Town of Firestone residents as measured per week over 12 months. Activity #2 232 persons/week 12,064 persons/year Units of Service are the number of Firestone residents reached by marketing and promotion of the expanded VIA Mobility services as measured per week or year. D. Staffing Paula Mehle, Director of Economic Development & FURA, Town of Firestone will serve as the Program Manager. Any changes in the Key Personnel assigned or their general responsibilities under this project are subject to the prior approval of the Grantee. E. Performance Monitoring The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time 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 shall end after 12 months. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. III. BUDGET Line Item Transit Operating Costs Supplies & printing for marketing materials Amount: $85,000 5.000 TOTAL $90,000 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 $90,000. 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. The subrecipient will be reimbursed on the basis of operating costs/supplies & printing expenses actually incurred. Subrecipient may draw down on a monthly basis to cover expenses incurred. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 85.20. V. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this contract shall be directed to the following contract representatives: Weld CDBG Office Don Sandoval CDBG Manager 1150 O Street Greeley, CO 80632 dosandoval@weldgov.com Phone: 970 400-4480 VI. SPECIAL CONDITIONS Town of Firestone Bobbi Sindelar Mayor 151 Grant Avenue Firestone, CO 80520 bsindelar@firestoneco.gov Phone: 303-833-3291 ext. 5501 The Town of Firestone is to continue to provide transit services to its residents including seniors and those with limited mobility through VIA Mobility Services five days a week, seven plus hours a day throughout the entire term of this agreement. An acceptable plan for the marketing and promotion of the expanded VIA Mobility Service by this grant is required to be submitted to Weld CDBG Staff by the Town of Firestone before any funding can be authorized. VII. GENERAL CONDITIONS (Note: Links to the Code of Federal Regulations [CFR], OMB Circulars, etc. 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 http://www.Rpo.eov/fdsys/browse/col I ection Cfr. action?col lectionCode=CFR ) A. General Compliance The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. "Independent Contractor" Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor. C. Hold Harmless The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. D. Workers' Compensation The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. 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 24 CFR 85.36, Bonding and Insurance. F. Grantee Recognition The Subrecipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement. The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If 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 24 CFR 85.43, 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 24 CFR 85.44, 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 24 CFR 85.20-26 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 OMB Circulars A- 122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational Institutions," 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 24 CFR 85.20-26; 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 five (5) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later. 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 OMB Circular A-133. 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 24 CFR 85.36 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 24 CFR 85.36. 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 24 CFR Part 85 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 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 Property 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) 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 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 aso 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/MBE) The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "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 135, 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 24 CFR 85.36 and 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 sec ion 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 24 CFR Part 85, "Uniform Administrative Requirements for Grants and Cooperative AgreemeAts to State and Local Governments," and OMB Circular A-87 would apply.] IN WITNESS WHEREOF, County and Municipality have duly executed this Agreement, which shall become effective as of the latest date writte ATTEST: By: By: of Firestone, COLORADO ct(A/t J s ca Koenig, sir'' lerk Bobbi Sindelar, Mayor ATTEST: W.,4frifeu W Jeito;e1 WELD COUNTY Clerk to the Board By COUNTY OF WELD, STATE OF COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD teve Moreno, Chair JUL 2 12021 cOo2 , oZ/ e RE: SUBRECIPIENT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS APPROVED AS TO SUaSTANCE: Elected Official or Department Head APPROVED AS TO FUNDING: Controller County Attorney RESOLUTION NO. 21-83 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING SUBRECIPIENT AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND WELD COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, Weld County and the Town have entered into an Intergovernmental Cooperation Agreement, which qualified Weld County as an urban county and entitled the parties to receive Community Development Block Grant funds 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 Department of Housing and Urban Development ("HUD") by annual grant agreement; and WHEREAS, on September 23, 2020, the Town of Firestone ("Town") and Via Mobility Services entered into that certain Transportation Services Agreement to provide transportation services within Town limits and certain destinations outside of the Town ("Via Transit Project"); and WHEREAS, the Parties have identified the Via Transit Project for use of Weld County CDBG Program funding, and Weld County CDBG Program wishes to engage the Town of Firestone to assist it in utilizing such CDBG funding for the Via Transit Project through a HUD CDBG Subrecipient Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The HUD CDBG Subrecipient Agreement between the Town of Firestone and Weld County Community Development Block Grant Program is hereby approved in substantially the same form as the copy attached hereto and made a part of this resolution. The Mayor is authorized to execute the agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED thist+day of J u ` ti , 2021. TOWN OF FIRESTONE, COLORADO ATTEST: a Koenig, CMC, To `;clerk Hello