HomeMy WebLinkAbout20213393.tiffRESOLUTION
RE: APPROVE SUBRECIPIENT AGREEMENT FOR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDS AND AUTHORIZE CHAIR TO SIGN - CITY OF
EVANS
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 (CDBG) 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 City of Evans, commencing upon full execution of signatures,
and ending March 31, 2022, 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 (CDBG) 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 City of Evans, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
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12/2,2 /2 I
2021-3393
F10074
SUBRECIPIENT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS - CITY OF EVANS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of December, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dafteiv
Weld County Clerk to the Board
BY:
Deputy Cler to the Board
Stev
oreno, Chair
mes, Pro -T
rry L. B
APPRAS T
Lori Saine
ike Freeman
ounty Atto
Date of signature: 1.2/I/2_.
2021-3393
FI0074
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: City of Evans Subrecipient Agreement
DEPARTMENT: Finance & Administration DATE: 12-6-21
PERSON REQUESTING: Don Sandoval
Brief description of the problem/issue:
The City of Evans has signed the Subrecipient Agreement we sent to them in July. The agreement form is
required by HUD. The Subrecipient Agreement identifies the project scope, reimbursement process, and the
requirements the city must follow.
The project will replace high water and energy consuming fixtures in low -and moderate -income owner -
occupied households in the City of Evans. The city is using a $25,000 grant from WaterNow Alliance to
develop the housing rehab program. The city will contract with the Larimer County Conservation Corps to
prepare energy audits for those households that will have fixtures replaced. Such fixtures could be toilets,
shower heads, faucet aerators, light bulbs, smoke and carbon monoxide detectors. The city plans to provide 50
households with some or all such fixtures.
The CDBG grant to the city is $50,000.
The agreement has been reviewed by both our county attorney (Bruce). This agreement was also the subject
of an approved pass around July 19, 2021. I ask that this agreement be on the December 13, 2021 agenda for
signature. It is possible that representatives from Evans might be at the meeting.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
The signing of the agreement would be the second CDBG grant given to a subrecipient by the Weld County
CDBG program.
The commissioners could approve signing the agreement which allows the project to move forward.
Recommendation:
I recommend approval of the agreement. This is the second of 3 such agreements.
Perry L. Buck
Mike Freeman
Scott K. James, Pro-Tem
Steve Moreno, Chair
Lori Saine
Approve
Recommendation
Via IWO,
Schedule
Work Session Other/Comments:
2021-3393
v 13
0014
dda For
Fro'3-��:
Sent:
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Subject:
Attachments:
Approve
Sent from my iPhone
Mike Freeman
Tuesday, December 7, 2021 11:34 AM
Karla Ford
Lori Saine
Re: Please Reply : Pass Around for City of Evans CDBG Subrecipient Agreement- Water
Efficiency Project
2021 Evans 21-2 Subrecipient Agreement to be signed -Pass Around.doc;
2021CDBGxEvans Subrecipient Agreement signed by City.pdf
On Dec 6, 2021: at 6:30 PM, Karla Ford <kford@weldgov.com>wrote:
Please advise if you approve recommendation. Thank you.
Karla Ford -
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970336-7204 :: kford@weldgov.com<mailto:kford@weldgov.com>
www.weldgov.com<http://www.weldgov.com/>
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
[WC Logo Color]
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.
From: Don Sandoval <dosandoval@weldgov.com>
Sent: Monday, December 6, 2021 4:27 PM
To: Karla Ford <kford@weldgov.com>; Esther Gesick <egesick@weldgov.com>
Cc: Chloe Rempel <crempel@weldgov.com>; Cynthia Martin <cmartin@weldgov.com>; Don Warden
<dwarden@weldgov.com>; Bruce Barker <bbarker@weldgov.com>
Subject: Pass Around for City of Evans CDBG Subrecipient Agreement- Water Efficiency Project
HI Karla,
Here is the Pass Around requesting the Board to authorize signature of the Evans CDBG Water Efficiency
Subrecipient Agreement. The City has signed the agreement. Attached is the agreement and resolution
from the city which is signed by the city manager. The city resolution authorizes the manager to sign the
agreement. I am requesting the agreement be on the Dec 13 agenda. I will not be available on the 15th.
1
Karl
Ford
From:
Sent:
To:
Subject:
yes
Lori Saine
Weld County Commissioner, District 3
1150 O Street
PO Box 758
Greeley CO 80632
Phone: 970-400-4205
Fax: 970-336-7233
Email: Isaine@weldgov.com
Website: www.co.weld.co.us
In God We Trust
Lori Saine
Monday, December 6, 2021 6:45 PM
Karla Ford
RE: Please Reply : Pass Around for City of Evans CDBG Subrecipient Agreement- Water
Efficiency Project
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.
From: Karla Ford <kford@weldgov.com>
Sent: Monday, December 6, 2021 4:31 PM
To: Mike Freeman <mfreeman@weldgov.com>; Lori Saine <Isaine@weldgov.com>
Subject: Please Reply : Pass Around for City of Evans CDBG Subrecipient Agreement- Water Efficiency Project
Importance: High
Please advise if you app.-ove recommendation. Thank you.
Karla Ford
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kfordjw ell ov.com :: yww.weldgov.com
**Please note my working hours are Monday -Thursday 7:00a.m.-5°00p.m.**
1
SUBRECIPIENT AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
THIS AGREEMENT, entered thisI3_aay of2. 201j by and between the Weld County Community
Development Block Program (herein called the "Grantee") and the City of Evans, Colorado (herein called
the "Subrecipient").
WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I
of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and
WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds.
WHEREAS, the Grantee and Subrecipient have an executed Cooperation Agreement;
NOW, THEREFORE, it is agreed between the parties hereto that;
1. SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible to provide the following activity(ies): to replace high water/energy
consuming fixtures in owner -occupied households of low and moderate -income persons to meet the
National Objective Benefit to tow= 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 City of Evans will develop a housing rehab program to replace high-Water/energy
consuming fixtures in owner -occupied households of low and moderate -income
persons. The City of Evans is using a_$25,000 grant from the WaterNow Alliance for
program development. The City will contract with Larimer County Conservation Corps
to prepare energy audits for those householdsthatwill have fixtures to be replaced as
well as replacing those fixtures.
General Administration
The City will provide the general administration and monitoring of project activities including the
monitoring of household income, size and ownership data to determine program eligibility.
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 through the minor
rehabilitation of single-family, owner -occupied residences of low and moderate -income persons to
improve the energy efficiency and lower utility bills so as to improve housing affordability.
C. Levels of Accomplishment — Goals and Performance Measures
The levels of accomplishment may include such measures as units rehabbed, persons or households
assisted and should also include time frames for performance.
The Subrecipient agrees to provide the following levels of program services: provide up to 50
households with water/energy efficient fixtures.
Activity
Activity #1
Units per Month Total Units/Year
17 single-family homes 50 single-family homes
Units of Service are the number of single-family homes rehabbed per month and per year.
D. Staffin
Justine Schoenbacher, Water Conservation Coordinator, City of Evans will serve as Program Manager.
Any changes in the Key Personnel assigned or their general responsibilities under this project are
subject.to the prior approval ofthe_Girantee. - -
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 end March 31, 2022.
The term of this Agreement and the provisions herein may be extended to cover any additional time
period.
III. BUDGET
Line Item: Amount:
Weld County CDBG grant
Direct Install and Audit Performance
Fixtures
$25,000
$25,000
$50,000
TOTAL $50,000
No indirect costs may be charged as stated in 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 $50,000. 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.
The subrecipient will be reimbursed on the basis of program costs actually incurred. Subrecipient
may draw down on a monthly basis to cover expenses incurred. Please ensure that the address for
each household served; the number, type and cost of replacement fixtures eligible for
reimbursement per address and whether or not an energy audit was completed for that address
for that draw period are included in the documentation accompanying each request. Only
households prequalified by the State of Colorado's LEAP (Low Income Energy Assistance Plan) are
eligible to participate in this program.
Payments may be contingent upon certification of thre-Subreciplent'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 writtennotice-
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
dosandaval@weldgov.com
Phone: 970 400-4480
Subrecipient: City of Evans
Brian Rudy
Mayor
1100 37th Street
Evans, CO 80620
brudy@evanscolorado.gov
970-590-7700
VI. SPECIAL CONDITIONS
All projects, regardless of scope, require an Environmental Review. Reviews will be completed by
the County prior to issuing a Notice to Proceed.
CDBG funds may only be used to direct install fixtures and perform energy audits in owner -occupied
households of low and moderate income. The purchase of low water/energy consuming fixtures for
installation as described above are reimbursable expenses. Expenses associated with audits
performed where there is no direct install of fixtures are not eligible for reimbursement.
Energy audits and the direct installation of fixtures associated with this project must be completed
by March 31, 2022. If the City of Evans wishes to extend the time given for project completion, they
will need to notify the Weld County CDBG program in writing forty-five (45) days in advance.
Further, the City of Evans agrees to qualify at least 25 low to moderate income (LMI) households
within the City for the program by December 31, 2021 and submit those 25 to the Weld CDBG
program. In addition, the City must qualify an additional 10 LMI households by January 31, 2022 for
a total of 35 LMI households.
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.eovinfo.gov/app/collection/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
57O:6O4 and (2) the Subrecipient does not assume -the recipient's responsibility for initiating the
review process under the -provisions of 24 CFR Part -SL. -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 requirements of 2 CFR 200.304 and 2 CFR
200.310, Bonds and Insurance Coverage.
F. Grantee Recognition
The Subrecipient shall insure recognition of the role of the Grantee in providing services through this
Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently
labeled as to funding source. In addition, the Subrecipient will include a reference to the support
provided -herein in all publications made possible with funds -made available under this Agreement.
G. Amendments
The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments
make specific reference to this Agreement, and are executed in writing, signed by a duly authorized
representative of each --organization, and approved by the Grantee' -s --governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient
from its obligations under this Agreement.
The Grantee -may, in its discretion, —amend this Agreement -to conform with federat,-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 200.339, 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 200.340, this Agreement may also be terminated for convenience by either
the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for 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
I. Accounting Standards
The Subrecipient agrees to comply with CFR 200.303 - 309 and agrees to adhere to the
accounting principles and proceduresfieclutherein, utilize -adequate ired -internal controls,--
and maintain necessary source documentation for all costs incurred.
2. Cost Principles
The Subrecipient _shall administer its_program in conformance with 2 CFR Part 225,_"Cost--
Principles for State, Local, and Indian Tribal Governments." as applicable. These principles
shall be applied for all costs incurred whether charged on a direct or indirect basis.
B. Documentation and Record Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified in 24
CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such
records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDBG program;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
f. Financial records as required by 24 CFR 570.502 and 2 CFR.200. 303-309;
and
g. Other records necessary to document compliance with Subpart K of 24 CFR
Part 570.
2. Retention
The Subrecipient shall retain all financial records, supporting documents, statistical records,
and all other records pertinent to the Agreement for a period of 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
providedunder this contract,: is prohibited unless written consent is obtained from such
person receiving service and, in the case of a minor, that of a responsible parent/guardian.
5. Close-outs
The Subrecipient's obligation to the Grantee shall not end until all close-out requirements
are completed. Activities during this close-out period shall include, but are not limited to:
making final payments, disposing of program assets (including the return of all unused
materials, equipment, unspent cash advances, program income balances, and accounts
receivable to the Grantee), and determining the custodianship of records. Notwithstanding
the foregoing, the terms of this Agreement shall remain in effect during any period that the
Subrecipient has control over CDBG funds, including program income.
6. Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement shall be made
available to the Grantee, grantor agency, and the Comptroller General of the United States
or any of their authorized representatives, at any time during normal business hours, as often
as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data.
Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30
days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above
audit requirements will constitute a violation of this contract and may result in the
withholding of future payments. The Subrecipient hereby agrees to have an annual agency
audit conducted in accordance with current Grantee policy concerning subrecipient audits
and 2 CFR Part 200 Subpart F.
C. Reporting and Payment Procedures
1. Program Income
The Subrecipient shall report monthly all program income (as defined at 24 CFR 570.500(a))
generated by activities carried out with CDBG funds made available under this contract. The
use of program income by the Subrecipient shall comply with the requirements set forth at
24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during
the contract period for activities permitted under this contract and shall reduce requests for
additional funds by the amount of any such program income balances on hand. All
unexpended program income shall be returned to the Grantee at the end of the contract
period. Any interest earned on cash advances from the U.S. Treasury and from funds held in
a revolving fund account is not program income and shall be remitted promptly to the
Grantee.
2. Indirect Costs
No indirect costs can be charged to this project.
3. Payment Procedures
The Grantee will pay to the Subrecipient funds available under this agreement based on
information submitted by the Subrecipient and Grantee policy concerning payments.
Paymentswillbe made for eligible expenses —actually_ incurred and --paid ..-for_., by the
Subrecipient. Requests for payment by the Subrecipient must include copies of invoices for
which reimbursement is being requested, and a copy(ies) of Subrecipient's check for payment
of the invoices. Additionally, the Progress/Inspection Report should be submitted with
activity progress noted for the period for which reimbursement is being requested. In
addition, the Grantee reserves the right to liquidate funds available under this contract for
costs incurred by the Grantee on behalf of the Subrecipient.
4. Progress Reports
The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content,
and frequency as required by the Grantee.
D. Procurement
1. Compliance
The Subrecipient shall comply with the procedures delineated at 2 CFR 200.317-327 when
procuring all materials, property, and/or services (including the purchase of equipment)
under this agreement. It is the Subrecipient's responsibility to be familiar with the procedures
for each level of procurement and to request technical assistance. The Subrecipient shall
maintain inventory records of all non -expendable personal property as defined by such policy
as may be procured with funds provided herein. All program assets (unexpended program
income, property, equipment, etc.) shall revert to the Grantee upon termination of this
Agreement.
Subrecipient shall, to the greatest extent feasible, reach out through advertising, phone or
email notice, or other means, and solicit bids from, Section 3 business concerns, 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 200.317-327.
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 Part 200 and 24 CFR 570.502, 570.503, and 570.504, as applicable,
which include but_ are not limited to theiollowing:
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 for 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 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 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
__in.dependent 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 o-fi fie-U.S. Department -
of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates
compliance with hour and wage requirements of this part. Such documentation shall be made
available to the Grantee for review upon request
The Subrecipient agrees that, except with respect to the rehabilitation or construction of
residential property containing less than eight (8) units, all contractors engaged under
contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole
or in part with assistance provided under this contract, shall comply with Federal
requirements adopted by the Grantee pertaining to such contracts and with the applicable
requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and
7 governing the payment of wages and ratio of apprentices and trainees to journey workers;
provided that, if wage rates higher than those required under the regulations are imposed by
state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation,
if any, to require payment of the higher wage. The Subrecipient shall cause or require to be
inserted in full, in all such contracts subject to such regulations, provisions meeting the
requirements of this paragraph.
3. "Section 3" Clause
a. Compliance
Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended,
and as implemented by the regulations set forth in 24 CFR 75, and all applicable rules
and orders issued hereunder prior to the execution of this contract, shall be a
condition of the Federal financial assistance provided under this contract and binding
upon the Grantee, the Subrecipient and any of the Subrecipient's subrecipients
and subcontractors. Failure to fulfill these requirements shall subject the Grantee,
the Subrecipient and any of the Subrecipient's subrecipients and subcontractors,
their successors and assigns, to those sanctions specified by the Agreement
through which Federal assistance is provided. The Subrecipient certifies and agrees
that no contractual or other disability exists that would prevent compliance with
these requirements.
The Subrecipient further agrees to comply with these "Section 3" requirements and
to include the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project
assisted under a program providing direct Federal financial
assistance from HUD and is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968, as amended
(12 U.S.C. 1701). Section 3 requires that to the greatest extent
feasible opportunities for training and employment be given to low -
and very low-income residents of the project area, and that
contracts for work in connection with the project be awarded to
business concerns that provide economic opportunities for low- and
very low-income persons residing in the metropolitan area in which
the project is located."
The Subrecipient further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including reduction
and abatement of lead -based paint hazards), housing ccnictton, 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 Subrecipientagreesto abide by the provisions of 24 CFR 85.36 and 24 CFR
570.611, which include (but are not limited to) the following:
a. The Subrecipient shall maintain a written code or standards of conduct that
shall govern the performance of its officers, employees or agents engaged
in the award and administration of contracts supported by Federal funds.
b. No employee, officer or agent of the Subrecipient shall participate in the
selection, or in the award, or administration of, a contract supported
by federal funds if a conflict of interest, real or apparent, would be involved.
c. No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG-assisted activities, or who are in a
position to participate in a decision -making process or gain inside
information with regard to such activities, may obtain a financial interest in
any contract, or have a financial interest in any contract, subcontract,
or agreement with respect to the CDBG-assisted activity, or with respect to
the proceeds from the CDBG-assisted activity, either for themselves or
those with whom they have business or immediate family ties, during their
tenure or for a period of one (1) year thereafter. For purposes of this
paragraph, a "covered person" includes any person who is an employee,
agent, consultant, officer, or elected or appointed official of the Grantee,
the Subrecipient, or any designated public agency.
5. Lobbying
The Subrecipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf
of it, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of
any Federal contract, grant, loan, or cooperative agreement;
b. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, it will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions; and
V•
it will require that the language of paragraph (d) of this certification be
included in the award documents for all subawards at ail 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 o. r 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; flotTdiritUrance under the National
Flood insurance Program is obtained and maintained as a condition of financial assistance for
acquisition or construction purposes (including rehabilitation).
C. LeadBased 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 Cf R 570.608, and 24 CFR Part 35, Subpart_ B. Such-regulatiotns pertain to all CDBG-assisted housing
and require that all owners, prospective owners, and tenaht5^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 paiit poisoning and Ole advisability and availability of
blood lead level screening for children under sev4p.'The notice should also point out that if lead -
based paint is found on the property, abatement 'measures may be undertaken. The regulations
further require that, depending on the amount of Federal funds applied to a property, paint testing,
risk assessment, treatment and/or abatement may be conducted.
D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth
in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic
Properties, insofar as they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation
and demolition of historic properties that are fifty years old or older or that are included on a Federal,
state, or local historic property list.
XII. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be
affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
XIII. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only
and shall not limit or otherwise affect the terms of this Agreement.
XIV. WAIVER
The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act
with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any
right or provision shall not constitute a waiver of such right or provision.
XV. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the
use of funds received under this Agreement and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written between the Grantee and the
Subrecipient with respect to this Agreement.
-NOTE: For the above sections, if the Subrectpient -is a governmental OrqUasi-govemmentat agency, the
applicable sections of 2 CFR Part 200 "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments," and 2 CFR Part 225 would apply.) -
IN WITNESS WHEREOF, County and Municipality have duly executed this Agreement, which shall
become effective as of the latest date written below.
ATTEST:
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ATTE T: '`/��'�l�tR�A`Dt��`•�♦,♦ COUNTY OF WELD, STATE OF COLORADO, by and
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WELD COUNTY Clerk to the Board
through the BOARD
, COLORADO
F COUNTY COMMISSIONERS OF THE COUNTY OF
LD
Steve Moreno, Chair
EEC 13 2021
02D02,/ ( 3595
CITY OF EVANS, COLORADO
RESOLUTION NO. 08-2021
A RESOLUTION ACCEPTING TWO WELD COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT AWARDS AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE WELD COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR THE
IDAHO STREET PROJECT AND THE FIXTURE REPLACEMENT WATER
CONSERVATION PROJECT
WHEREAS, the City Council of the City of Evans, Colorado, pursuant to Colorado
statute and the Evans City Charter, is vested with the authority of administering the affairs
of the City of Evans, Colorado; and
WHEREAS, the City of' Evans has received two Community Development Block
Grants in the amounts of $693,000 to make improvements to Idaho Street between 40th and
42nd Streets and $50,000 to fund the water fixture replacement program for income -
qualified residents; and
WHEREAS, without funding -assistance, the City --of Evans would not beableto
accomplish these projects at this time; and
WHEREAS, water conservation activities including fixture replacement were
identified as_important programs in the Water Efficiency Program endorsed by City
Council in December, 2020; and
WHEREAS, a Subrecipient Agreement is required to be executed between the City
of Evans and Weld County to receive the funds awarded.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
TILE CITY OF EVANS, COLORADO AS FOLLOWS:
I. The City Council hereby accepts the CDBG Grants and authorizes the City
Manager to sign the Subrecipient Agreements provided by the Weld County
Community Development Block Grant program for the awards in the amount of
$693,000 and $50,000.
2. Severability. If any article, section, paragraph, sentence, clause, or phrase or this
Resolution is held to be unconstitutional or invalid for any reason such decision
shall not affect the validity or constitutionality of the remaining portions of this
Resolution. The City Council hereby declares that it would have passed this
resolution and each part or parts thereof irrespective of the fact that any one part
or parts be declared unconstitutional or invalid.
3. Repeal. Existing resolutions or parts of resolutions covering the same matters
embraced in this Resolution are hereby repealed and all resolutions or parts of
resolutions inconsistent with the provisions of this Resolution are hereby
repealed.
PASSED AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF EVANS ON THIS 4TH DAY OF MAY, 2021.
ATTEST:
CITY OF EVANS, COLORADO
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Brian Rudy, Mayor
RE: SUBRECIPIENT AGREEMENT FOR COMMUNITY BLOCK GRANT (CDBG) FUNDS FOR
IDAHO STREET PROJECT AND FIXTURE REPLACEMENT WATER CONSERVATION
PROJECT
ected Official or Department Head
APPROVED AS TO FUNDING:
Controller
APPROVED AS TO FORM:
County Attorney
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