HomeMy WebLinkAbout20233606.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR AMERICAN RESCUE PLAN ACT (ARPA)
SUBRECIPIENT FEDERAL RECOVERY FUNDS (EXHIBIT E), AND AUTHORIZE
CHAIR TO SIGN ELECTRONICALLY
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,Federal American Rescue Plan Act(ARPA)funding has recently been made
available to local Victim Assistance and Law Enforcement(VALE) programs to account for
decreased VALE funding due to the COVID-19 Pandemic Health Emergency,and
WHEREAS,the Board has been presented with an Agreement for American Rescue Plan
Act(ARPA)Subrecipient Federal Recovery Funds(Exhibit E),between the County of Weld,State
of Colorado,by and through the Board of County Commissioners of Weld County,on behalf of
the 19th Judicial District Attorney's Office, and the Victim Assistance and Law Enforcement
(VALE)Board,commencing January 1,2024,and ending December 31,2024,with further terms
and conditions being as stated in said agreement(Exhibit E),and
WHEREAS, after review, the Board deems it advisable to approve said agreement
(Exhibit E),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 Agreement for American Rescue Plan Act(ARPA)Subrecipient
Federal Recovery Funds(Exhibit E),between the County of Weld,State of Colorado,by and
through the Board of County Commissioners of Weld County,on behalf of the 19th Judicial District
Attorney's Office,and the Victim Assistance and Law Enforcement(VALE)Board,be,and hereby
is,approved.
BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is,authorized
to electronically sign said agreement.
CC:DA(KP/EA),1CT(cP/cD) 2023-3606
DA0028
I2128-/2.3
AGREEMENT FOR AMERICAN RESCUE PLAN ACT (ARPA) SUBRECIPIENT FEDERAL
RECOVERY FUNDS(EXHIBIT E)
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted
by the following vote on the 11th day of December,A.D.,2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
(Mat-
ATTEST:
,e4,...) jedeo:ok Mike F eman,Chair
Weld County Clerk to the Board
BY: a2 I! er L.B k,Pro-Tem
tA L
Deputy Clerk to the Board
ott K.James
f h,1.1 /�►�
AP''tit ED O FORM:
r
�, �.�.►.,. e T•D.Ross
County Attorney
ZI,4 17,5 ouro,s,
Saine
Date of signature:
2023-3606
DA0028
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW
PASS-AROUND TITLE:VALE Administrative Agreement of Federal Recovery Funds
DEPARTMENT:Victim Witness Assistance Unit District Attorney's Office DATE: 11/30/2023
PERSON REQUESTING: Karol Patch,Director of Victim Witness
Brief description of the problem/issue:
The 19th Judicial District Victim Assistance and Law Enforcement(VALE)Grant program was awarded pass
through ARPA funds to allocate to victim assistance agencies in Weld County. To administer the funds,the
program is allowed to utilize 10%for administrative cost in 2024($9,101.00).This is the second and final year
for acceptance of these funds.
We are asking for authorization to accept the federal funds and approval of Exhibit E to be placed on the
agenda for acceptance without a Work Session.
What options exist for the Board?
Consequences:
Impacts:
Costs(Current Fiscal Year/Ongoing or Subsequent Fiscal Years):
Recommendation:
Approve or not approve grant to be placed on the agenda without a Work Session. Request to be placed on
the agenda.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L.Buck,Pro-Tem 00,
Mike Mike Freeman,Chair M�
Scott K.James 64-
Kevin D.Ross fkit-
Lori Saine
2023-3606
Iz�ll DP) OOZE
Exhibit E,AGREEMENT WITH SUBRECIPIENT OF FEDERAL
RECOVERY FUNDS
Section 602(b)of the Social Security Act(the Act),as added by section 9901 of the
American Rescue Plan Act(ARPA),Pub.L.No.117-2(March 11,2021),authorizes the
Department of the Treasury(Treasury)to make payments to certain Subrecipients from
the Coronavirus State Fiscal Recovery Fund.The State of Colorado has signed and
certified a separate agreement with Treasury as a condition of receiving such payments
from the Treasury. This agreement is between your organization and the State and your
organization is signing and certifying the same terms and conditions included in the
State's separate agreement with Treasury. Your organization is referred to as a
Subrecipient.
As a condition of your organization receiving federal recovery funds from the State,the
authorized representative below hereby(i)certifies that your organization will carry out
the activities listed in section 602(c)of the Act and(ii)agrees to the terms attached hereto.
Your organization also agrees to use the federal recovery funds as specified in bills passed
by the General Assembly and signed by the Governor.
Under penalty of perjury, the undersigned official certifies that the authorized
representative has read and understood the organization's obligations in the Assurances
of Compliance and Civil Rights Requirements,that any information submitted in
conjunction with this assurances document is accurate and complete,and that the
organization is in compliance with the nondiscrimination requirements.
Subrecipient Name Weld County Government
Authorized Representative: Mike Freemen
Chairman,Weld County BOCC
Title:
Digitally signed by Mike
Mike Freeman Freeman
Date:2023.12.11 110330
Signature: -07'00'
AGREEMENT WITH SUBRECIPIENT OF FEDERAL RECOVERY FUNDS
TERMS AND CONDITIONS
1. Use of Funds.
a. Subrecipient understands and agrees that the funds disbursed under this award
may only be used in compliance with section 602(c)of the Social Security Act
(the Act)and Treasury's regulations implementing that section and guidance.
b. Subrecipient will determine prior to engaging in any project using this assistance
that it has the institutional,managerial,and financial capability to ensure proper
planning,management,and completion of such project.
2. Period of Performance.The period of performance for this subaward is shown on
page one of this agreement. Subrecipient may use funds to cover eligible costs
incurred,as set forth in Treasury's implementing regulations,during this period of
performance.
3.Reporting.Subrecipient agrees to comply with any reporting obligations established by
Treasury as they relate to this award.Subrecipient also agrees to comply with any reporting
requirements established by the Governor's Office and Office of the State Controller.The
State will provide notice of such additional reporting requirements via Exhibit G—
Reporting Modification Form.
4. Maintenance of and Access to Records
a. Subrecipient shall maintain records and financial documents sufficient to
evidence compliance with section 602(c),Treasury's regulations implementing
that section,and guidance issued by Treasury regarding the foregoing.
b. The Treasury Office of Inspector General and the Government Accountability
Office,or their authorized representatives,shall have the right of access to records
(electronic and otherwise)of Subrecipient in order to conduct audits or other
investigations.
c. Records shall be maintained by Subrecipient for a period of five(5)years after
all funds have been expended or returned to Treasury,whichever is later.
5. Pre-award Costs.Pre-award costs,as defined in 2 C.F.R.§200.458,may not be paid
with funding from this award.
6. Administrative Costs.Subrecipient may use funds provided under this award to cover
both direct and indirect costs.Subrecipient shall follow guidance on administrative
costs issued by the Governor's Office and Office of the State Controller.
Cost Sharing.Cost sharing or matching funds are not required to be provided by
7. Subrecipient.
8. Conflicts of Interest.The State of Colorado understands and agrees it must maintain a
conflict of interest policy consistent with 2 C.F.R.§200.318(c)and that such conflict of
interest policy is applicable to each activity funded under this award.Subrecipient and
Contractors must disclose in writing to the Office of the State Controller or the pass-
through entity,as appropriate,any potential conflict of interest affecting the awarded
funds in accordance with 2 C.F.R.§200.112. The Office of the State Controller shall
disclose such conflict to Treasury.
9. Compliance with Applicable Law and Regulations.
a. Subrecipient agrees to comply with the requirements of section 602 of the Act,
regulations adopted by Treasury pursuant to section 602(f)of the Act,and
guidance issued by Treasury regarding the foregoing.Subrecipient also agrees to
comply with all other applicable federal statutes,regulations,and executive
orders,and Subrecipient shall provide for such compliance by other parties in any
agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include,without limitation,the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards,2 C.F.R.Part 200,other than such
provisions as Treasury may determine are inapplicable to this Award and
subject to such exceptions as may be otherwise provided by Treasury.
Subpart F—Audit Requirements of the Uniform Guidance,implementing
the Single Audit Act,shall apply to this award.
ii. Universal Identifier and System for Award Management(SAM),2 C.F.R.
Part 25,pursuant to which the award term set forth in Appendix A to 2
C.F.R.Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information,2 C.F.R.
Part 170,pursuant to which the award term set forth in Appendix A to 2
C.F.R.Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Government wide Debarment and
Suspension (Nonprocurement), 2 C.F.R. Part 180, including the
requirement to include a term or condition in all lower tier covered
transactions(Agreements and Subcontractors described in 2 C.F.R.Part
180,subpart B)that the award is subject to 2 C.F.R.Part 180 and
Treasury's implementing regulation at 31 C.F.R.Part 19.
v. Subrecipient Integrity and Performance Matters,pursuant to which the
award term set forth in 2 C.F.R.Part 200,Appendix XII to Part 200 is
hereby incorporated by reference.
vi. Government wide Requirements for Drug-Free Workplace,31 C.F.R.Part
20.
vii. New Restrictions on Lobbying,31 C.F.R.Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of
1970(42 U.S.C.§§4601-4655)and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award
include,without limitation,the following:
i. Title VI of the Civil Rights Act of 1964(42 U.S.C.§§2000d et seq.)and
Treasury's implementing regulations at 31 C.F.R.Part 22,which prohibit
discrimination on the basis of race,color,or national origin under
programs or activities receiving federal financial assistance;
ii. The Fair Housing Act,Title VIII of the Civil Rights Act of 1968(42
U.S.C.§§3601 et seq.),which prohibits discrimination in housing on
the basis of race,color,religion,national origin,sex,familial status,or
disability;
iii. Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.§
794),which prohibits discrimination on the basis of disability under any
program or activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975,as amended(42 U.S.C.§§6101 et
seq.),and Treasury's implementing regulations at 31 C.F.R.Part 23,
which prohibit discrimination on the basis of age in programs or activities
receiving federal financial assistance;and
v. Title II of the Americans with Disabilities Act of 1990,as amended(42
U.S.C.§§12101 et seq.),which prohibits discrimination on the basis of
disability under programs,activities,and services provided or made
available by state and local governments or instrumentalities or agencies
thereto.
Remedial Actions.In the event of Subrecipient's noncompliance with section 602 of
the Act,other applicable laws,Treasury's implementing regulations,guidance,or
any reporting or other program requirements,Treasury may impose additional
conditions on the receipt of a subsequent tranche of future award funds,if any,or
take other available remedies as set forth in 2 C.F.R.§200.339.In the case of a
violation of section 602(c)of the Act regarding the use of funds,previous payments
shall be subject to recoupment as provided in section 602(e)of the Act and any
additional payments may be subject to withholding as provided in sections
10.602(b)(6)(A)(ii)(III)of the Act,as applicable.
11.Hatch Act.Subrecipient agrees to comply,as applicable,with requirements of the Hatch
Act (5 U.S.C.(§1501-1508 and 7324-7328),which limit certain political activities of
State or local government employees whose principal employment is in connection with
an activity financed in whole or in part by this federal assistance.
12.False Statements.Subrecipient understands that making false statements or claims in
connection with this award is a violation of federal law and may result in criminal,
civil,or administrative sanctions,including fines,imprisonment,civil damages and
penalties,debarment from participating in federal awards or Agreements,and/or any
other remedy available by law.
13.Publications.Any publications produced with funds from this award must
display the following language:"This project[is being][was]supported,in
whole or in part,by federal award number SLFRF0126 awarded to the State of
Colorado by the U.S.Department of the Treasury."
14.Debts Owed the Federal Government.
a. Any funds paid to the Subrecipient(1)in excess of the amount to which the
Subrecipient is finally determined to be authorized to retain under the terms
of this award;(2)that are determined by the Treasury Office of Inspector
General to have been misused;or(3)that are determined by Treasury to be
subject to a repayment obligation pursuant to sections 602(e) and
603(b)(2)(D)of the Act and have not been repaid by the Subrecipient shall
constitute a debt to the federal government.
b. Any debts determined to be owed to the federal government must be paid
promptly by Subrecipient.A debt is delinquent if it has not been paid by the
date specified in Treasury's initial written demand for payment,unless other
satisfactory arrangements have been made or if the Subrecipient knowingly
or improperly retains funds that are a debt as defined in paragraph 14(a).
Treasury will take any actions available to it to collect such a debt.
15.Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to
Subrecipient or third persons for the actions of Subrecipient or third persons
resulting in death,bodily injury,property damages,or any other losses
resulting in any way from the performance of this award or any other losses
resulting in any way from the performance of this award or any Agreement,
or Subcontractor under this award.
b. The acceptance of this award by Subrecipient does not in any way establish
an agency relationship between the United States and Subrecipient.
16.Protections for Whistleblowers.
a. In accordance with 41 U.S.C.§4712,Subrecipient may not discharge,demote,
or otherwise discriminate against an employee in reprisal for disclosing to any of
the list of persons or entities provided below,information that the employee
reasonably believes is evidence of gross mismanagement of a federal Agreement
or grant,a gross waste of federal funds,an abuse of authority relating to a federal
Agreement or grant,a substantial and specific danger to public health or safety,
or a violation of law,rule,or regulation related to a federal Agreement(including
the competition for or negotiation of an Agreement)or grant.
b. The list of persons and entities referenced in the paragraph above includes the
following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for Agreement or grant oversight or
management;
v. An authorized official of the Department of Justice or other law
enforcement agency;
vi. A court or grand jury;or
vii. A management official or other employee of Subrecipient,
Contractor,or Subcontractor who has the responsibility to
investigate,discover,or address misconduct.
c. Subrecipient shall inform its employees in writing of the rights and remedies
provided under this section,in the predominant native language of the workforce.
17.Increasing Seat Belt Use in the United States.Pursuant to Executive Order 13043,
62 FR 19217(Apr.18,1997),Subrecipient should encourage its Contractors to
adopt and enforce on-the-job seat belt policies and programs for their employees
when operating company-owned,rented or personally owned vehicles.
1. Reducing Text Messaging While Driving.Pursuant to Executive Order 13513,74 FR
51225(Oct.6,2009),Subrecipient should encourage its employees,Subrecipients,and
Contractors to adopt and enforce policies that ban text messaging while driving,and
Subrecipient should establish workplace safety policies to decrease accidents caused by
distracted drivers.
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS
REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH
TITLE VI OF THE CIVIL RIGHTS ACT OF
1964
As a condition of receipt of federal financial assistance from the Department of the
Treasury,the Subrecipient provides the assurances stated herein.The federal financial
assistance may include federal grants,loans and Agreements to provide assistance to the
Subrecipient's beneficiaries,the use or rent of Federal land or property at below market value,
Federal training,a loan of Federal personnel,subsidies,and other arrangements with the
intention of providing assistance. Federal financial assistance does not encompass
Agreements of guarantee or insurance, regulated programs, licenses, procurement
Agreements by the Federal government at market value,or programs that provide direct
benefits.
The assurances apply to all federal financial assistance from or funds made available
through the Department of the Treasury,including any assistance that the Subrecipient may
request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the
assurances apply to all of the operations of the Subrecipient's program(s)and activity(ies),so
long as any portion of the Subrecipient's program(s)or activity(ies)is federally assisted in
the manner prescribed above.
1.Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act
of 1964,as amended,which prohibits exclusion from participation,denial of the benefits of,
or subjection to discrimination under programs and activities receiving federal financial
assistance,of any person in the United States on the ground of race,color,or national origin
(42 U.S.C.§2000d et seq.),as implemented by the Department of the Treasury Title VI
regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order
13166,directives,circulars,policies,memoranda,and/or guidance documents.
2. Subrecipient acknowledges that Executive Order 13166,"Improving Access to Services
for Persons with Limited English Proficiency,"seeks to improve access to federally
assisted programs and activities for individuals who,because of national origin,have
Limited English proficiency(LEP).Subrecipient understands that denying a person access
to its programs,services,and activities because of LEP is a form of national origin
discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the
Department of the Treasury's implementing regulations.Accordingly,Subrecipient shall
initiate reasonable steps,or comply with the Department of the Treasury's directives,to
ensure that LEP persons have meaningful access to its programs,services,and activities.
Subrecipient understands and agrees that meaningful access may entail providing
language assistance services,including oral interpretation and written translation where
necessary,to ensure effective communication in the Subrecipient's programs,services,
and activities.
3. Subrecipient agrees to consider the need for language services for LEP persons when
Subrecipient develops applicable budgets and conducts programs,services,and activities.
As a resource,the Department of the Treasury has published its LEP guidance at 70 FR
6067.For more information on taking reasonable steps to provide meaningful access for
LEP persons,please visit http://www.lep.gov.
4. Subrecipient acknowledges and agrees that compliance with the assurances constitutes a
condition of continued receipt of federal financial assistance and is binding upon
Subrecipient and Subrecipient's successors,transferees,and assignees for the period in
which such assistance is provided.
5. Subrecipient acknowledges and agrees that it must require any sub-grantees,contractors,
subcontractors,successors,transferees,and assignees to comply with assurances 1-4
above, and agrees to incorporate the following language in every Agreement or
agreement subject to Title VI and its regulations between the Subrecipient and the
Subrecipient's sub-grantees,Contractors,Subcontractors,successors,transferees,and
assignees:
The sub-grantee,Contractor,Subcontractor,successor,transferee,and assignee shall
comply with Title VI of the Civil Rights Act of 1964,which prohibits Subrecipients of
federal financial assistance from excluding from a program or activity,denying benefits
of or otherwise discriminating against a person on the basis of race,color,or national
origin(42 U.S.C.§2000d et seq.),as implemented by the Department of the Treasury's
Title VI regulations,31 CFR Part 22,which are herein incorporated by reference and
made a part of this Agreement(or agreement). Title VI also includes protection to
persons with"Limited English Proficiency"in any program or activity receiving federal
financial assistance,42
U.S.C.§2000d et seq.,as implemented by the Department of the Treasury's Title VI
regulations,31 CFR Part 22,and herein incorporated by reference and made apart
of this Agreement or agreement.
6. Subrecipient understands and agrees that if any real property or structure is provided or
improved with the aid of federal financial assistance by the Department of the Treasury,this
assurance obligates the Subrecipient,or in the case of a subsequent transfer,the transferee,
for the period during which the real property or structure is used for a purpose for which the
federal financial assistance is extended or for another purpose involving the provision of
similar services or benefits.If any personal property is provided,this assurance obligates the
Subrecipient for the period during which it retains ownership or possession of the property.
7. Subrecipient shall cooperate in any enforcement or compliance review activities by the
Department of the Treasury of the aforementioned obligations.Enforcement may include
investigation, arbitration, mediation, litigation, and monitoring of any settlement
agreements that may result from these actions. The Subrecipient shall comply with
information requests,on-site compliance reviews and reporting requirements.
8. Subrecipient shall maintain a complaint log and inform the Department of the Treasury of
any complaints of discrimination on the grounds of race,color,or national origin,and limited
English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing
regulations and provide,upon request,a list of all such reviews or proceedings based on the
complaint,pending or completed,including outcome.Subrecipient also must inform the
Department of the Treasury if Subrecipient has received no complaints under Title VI.
9. Subrecipient must provide documentation of an administrative agency's or court's
findings of non-compliance of Title VI and efforts to address the non-compliance,
including any voluntary compliance or other agreements between the Subrecipient and
the administrative agency that made the finding.If the Subrecipient settles a case or
matter alleging such discrimination,the Subrecipient must provide documentation of
the settlement.If Subrecipient has not been the subject of any court or administrative
agency finding of discrimination,please so state.
10.If the Subrecipient makes sub-awards to other agencies or other entities,the Subrecipient
is responsible for ensuring that sub-Subrecipients also comply with Title VI and other
applicable authorities covered in this document State agencies that make sub-awards
must have in place standard grant assurances and review procedures to demonstrate that
that they are effectively monitoring the civil rights compliance of sub-Subrecipients.
The United States of America has the right to seek judicial enforcement of the terms of this
assurances document and nothing in this document alters or limits the federal enforcement
measures that the United States may take in order to address violations of this document or
applicable federal law.
AGREEMENT FOR AMERICAN RESCUE PLAN ACT(ARPA)SUBRECIPIENT FEDERAL
RECOVERY FUNDS(EXHIBIT E)
APPROVED AS TO SUBSTANCE:
Department He ,or Elected Official
APPROVED AS TO FUNDING:
jvit pittboi
Chief Financial Officer,or Controller
APPROVED AS TO FORM:
County Attorney
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