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Home My WebLink About20161274.tiff RESOLUTION RE: APPROVE COMMUNITY DEVELOPMENT BLOCK GRANT FOR DISASTER RECOVERY (CDBG-DR) HOUSING GRANT AGREEMENT AND AUTHORIZE CHAIR TO SIGN 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 Community Development Block Grant for Disaster Recovery (CDBG-DR) Housing Grant Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Colorado Department of Local Affairs, commencing upon full execution and ending October 31, 2016, 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 Community Development Block Grant for Disaster Recovery (CDBG-DR) Housing Grant Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Colorado Department of Local Affairs, 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 13th day of April, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d. ,,/S -eA {COQ, Mike Freeman, Chair Weld County Clerk to the Board r , > Sean P. Conway, Pro-Tem Dep y Clerk to the Board %. Cozad ED ar%-ra Kirkmeyer ounty Attorney ., ,.o% �� //`ron-t .,.er— Steve Moreno Date of signature: sd`III ILP 2016-1274 cc: FIAOTT) BC0045 5-)5-I(o BC0049 MEMORANDUM DATE: January 22, 2016 TO. Commissioner Freeman FROM: Tom Teixeira, Weld County Housing Authority WIlDRE: December monthly information packet C. rnT.nn.A no CDBG-DR: The following has been accomplish: Replacement of two mobile homes Ft Lupton and Fredrick, Two modular homes under construction, provided down payment for five mobile homes and rent assistance for 22 families at cost to date of $678,000. I have prepared a Grant Request for second round of Disaster Recovery Funding this will allow us to continue assisting families with temporary rent assistance over the 24 months allowed and also allow us to complete repair/replacement projects that we have started. I am requesting a work session with the Commissioners to discuss the above. The normal Board Packet for the Section 8 program is attached. Request Work Session Approve BOCC Agenda Mike Freeman Sean Conway Barbara Kirlaneyer Julie Cozad Steve Moreno 2016-1274 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY (CDBG-DR) HOUSING GRANT AGREEMENT Between STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS And WELD COUNTY Summary Award Amount: $708,582.00 Agreement Identification: Contract Encumbrance#: #1-16CDR16047 (DMA's primary contract identification #) Contract Management System#: 88454 (State of Colorado's contract tracking#) Project Information: Project/Award Number: #16-047 Project Name: CDBG-DR Performance Period: Start Date: End Date: 10/31/16 Brief Description of Project/ CDBG-DR funds to assist households impacted by the September 2013 Assistance: flood. Program & Funding Information: Program Name Community Development Block Grant Disaster Recovery (CDBG-DR) Funding source: Federal Funds • Catalog of Federal Domestic Assistance(CFDA) Number(if federal funds): 14.269 Funding Account Codes: I • L p:,:: , ,, ,, Form Revised 05 20}12 _ „.... / -/,Z7/(3) TABLE OF CONTENTS I. PARTIES f 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY 3 3. RECITALS 3 4. DEFINITIONS 3 5.TERM and EARLY TERMINATION. 5 6. STATEMENT OF PROJECT 5 7. PAYMENTS TO GRANTEE 5 8.REPORTING -NOTIFICATION 6 9.GRANTEE RECORDS 7 10.CONFIDENTIAL INFORMATION-STATE RECORDS 7 I I.CONFLICTS OF INTEREST 8 12.REPRESENTATIONS AND WARRANTIES 8 • 13. INSURANCE 14. BREACH 12 9 15. REMEDIES l? 16.NOTICES and REPRESENTATIVES 14 17. RIGHTS IN DATA, DOCUMENTS,AND COMPUTER SOFTWARE 15 i 18.GOVERNMENTAL IMMUNITY IS 19.STATEWIDE CONTRACT MANAGEMENT SYSTEM IS 1 20.RESTRICTION ON PUBLIC BENEFITS 16 ?I.GENERAL PROVISIONS 16 COLORADO SPECIAL PROVISIONS 18 SIGNATURE PAGE 21 EXHIBIT A-APPLICABLE LAWS EXHIBIT B-STATEMENT OF PROJECT EXHIBIT C-SUPPLEMENTAL PROVISIONS FOR FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006(FFATA) • • EXHIBIT D-RENT AND INCOME LIMIT TABLE EXHIBIT E-FORM OF OPTION LETTER EXHIBIT F-PROCEDURE TO PREVENT DUPLICATION OF BENEFITS FORM I -RESIDENCY DECLARATION ATTACHMENT A-I (a)—HOUSING REPAIRS SCOPE OF WORK/BUDGET ATTACHMENT A-I (b)—HOUSING REPAIRS PROJECT PERFORMANCE PLAN ATTACHMENT B-I (a)—HOUSING PURCHASE SCOPE OF WORK/BUDGET ATTACHMENT B-I (b)—HOUSING PURCHASE PROJECT PERFORMANCE PLAN ATTACHMENT B-I (c)—HOUSING PURCHASE DEED RESTRICTION ATTACHMENT C-I (a)—TEMPORARY RENTAL ASSISTANCE SCOPE OF WORK/BUDGET • ATTACHMENT C-I (b)—TEMPORARY RENTAL ASSISTANCE PROJECT PERFORMANCE PLAN ATTACHMENT D I (al ITOME ACCESS SCOPE OF WORK/BUDGET ATTACHMENT D 1 (c) IION E ACCESS USE COVENANT ATTACHMENT F I (a) HOUSING CONSTRUCTION OWNERSHIP SCOPE OF WORK/BUDG'ET ATTACHMENT F 1 (h) HOUSING CONSTRUCTION OWNERSHIP PROJECT PERFOR i ANCE PL_ N s •• ATTACHMENT G I (a) HOUSING CONSTRUCTION RENTAL SCOPE OF WORK/BUDGET • .. F ~ t . . 1. PARTIES This Agreement(hereinafter called "Grant")is entered into by and between Weld County(hereinafter called "Grantee"). and the STATE OF COLORADO acting by and through the Department of Local Affairs for the • benefit of the Division of I-lousing(hereinafter called the"State"or"BOLA"). Page 2of21 1 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This Grant shall not be effective or enfor ceable until it is approved and signed by the Colorado State Controller or designee(hereinafter called the"Effective Date"). Except as specified in §5.1 of the Subproject Scope of Work/Budget. the State shall not be liable to pay or reimburse Grantee for any performance hereunder, including, but not limited to costs or expenses incurred,or be bound by any provision hereof prior to the Effective Date or after termination of the Grant. 3. RECITALS A. Authority,Appropriation,And Approval Authority to enter into this Grant exists in CRS §24-32-705 and funds have been budgeted, appropriated and otherwise made available pursuant to CRS §24-32-705 and a sufficient unencumbered balance thereof remains available for payment. Required approvals.clearance and coordination have been accomplished from and with appropriate agencies. B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Grant. C. Purpose The purpose of this Grant is described in Exhibit B. D. References All references in this Grant to sections(whether spelled out or using the §symbol),subsections,exhibits or other attachments,are references to sections,subsections,exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. ) 4. DEFINITIONS t 1 The following terms as used herein shall be construed and interpreted as follows: A. Beneficiary "Beneficiary"shall have the meaning given in the Subproject Scope of Work/Budget. B. Budget "Budget"means the budget for the Project and/or Work described in Exhibit B and individual Subproject Scope of Work/Budgets. C. Evaluation "Evaluation"means the process of examining Grantee's Work and rating it based on criteria established in §6 and Exhibit B and individual Subproject Scope of Work/Budgets. i D. Exhibits and other Attachments t The following are attached hereto and incorporated by reference herein: i. Exhibit A (Applicable Laws) ii. Exhibit B(Statement of Project) iii. Exhibit C(Supplemental Provisions for Federal Funding Accountability and Transparency Act of 2006(FFATA)) iv. Exhibit D(Rent& Income Limit Table) �. Exhibit E(Option Letter) 1i. Exhibit F(Procedure to Prevent Duplication of Benefits) vii. Form I (Residency Declaration) viii. Attachment A-1(a)(Housing Repairs Scope of Work/Budget) ix. Attachment A-1(b)(Housing Repairs PPP) x. Attachment B-1(a)(Housing Purchase Scope of Work/Budget) xi. Attachment B-l(b)(Housing Purchase PPP) xii. Attachment B-l(c)(Housing Purchase Deed Restriction) I xiii Attachment C-I (a)(Temporary Rental Housing Scope of Work/Budget) xiv Attachment C-I (b) (Temporary Rental Housing PPP) I've 3ol'?1 E. Goods "Goods"means tangible material acquired. produced,or delivered by Grantee either separately or in conjunction with the Services Grantee renders hereunder. F. Grant "Grant-means this agreement, its terms and conditions,attached exhibits,documents incorporated by reference pursuant to the terms of this grant. and any future modifying agreements,exhibits,attachments or references incorporated herein pursuant to Colorado State law, Fiscal Rules,and State Controller Policies. G. Grant Funds "Grant Funds"means available funds payable by the State to Grantee pursuant to this Grant. H. Party or Parties -Party"means the State or Grantee and "Parties"means both the State and Grantee. t. Pre-agreement costs "Pre-agreement costs,"when applicable, means the costs incurred on or after the date as specified in §2 above,and prior to the Effective Date of this Grant. Such costs shall have been detailed in Grantee's grant application and specifically authorized by the State and incorporated herein pursuant to Exhibit B and individual Subproject Scope of Work/Budgets. J. Project "Project"means the overall project described in Exhibit B and individual Subproject Scope of Work/Budgets, which includes the Work. K. Program "Program" means the grant program specified on the first page of this Grant that provides the funding for this Grant. L. Review "Review"means examining Grantee's Work to ensure that it is adequate,accurate,correct and in accordance with the criteria established in §6, Exhibit B and individual Subproject Scope of Work/Budgets and Project Performance Plans. NI. Services "Services"means the required services to be performed by Grantee pursuant to this Grant. K. Subcontractor "Subcontractor" means third-parties, if any,engaged by Grantee to carry out specific vendor related services. 0. Subgrantee "Subgrantee"means third-parties, if any, engaged by Grantee to aid in performance of its obligations. Subgrantee is bound by the same overall programmatic and grant requirements as Grantee. P. Subject Property "Subject Property" means the real property, if any, for which Grant Funds are used to acquire,construct, rehabilitate,or clear or demolish existing structures. Q. Subproject "Subproject" means each subdivision of the Project which is specified on an Attachment pursuant to §1.3 of Exhibit B. R. Subproject Scope of Work/Budget "Subproject Scope of Work/Budget" means the scope of work and budget for a Subproject which is attached to this Grant. S. Work `Work"means the tasks and activities Grantee is required to perform to fulfill its obligations under this Grant and Exhibit B and individual Subproject Scope of Work/Budgets, including the performance of the Services and delivery of the Goods. T. Work Product "Work Product" means the tangible or intangible results ol'Grantee's Work, including, but not limited to. software,research, reports. studies,data, photographs, negatives or other finished or unfinished documents, drawings. models. surveys. maps. materials,or work product of any type, including drafts. Page 4 ol'2I „ . ma x.----._ < --.--,-- ,-- € 5. TERM. A. Initial Term-Work Commencement Unless otherwise permitted in §2 above,the Parties' respective performances under this Grant shall commence on the Effective Date. Subprojects shall commence and terminate on the dates specified in the applicable Subproject Scope of Work/Budget.This Grant shall terminate on October 31.2016 unless sooner terminated or further extended as specified elsewhere herein. B. Two Month Extension The State,at its sole discretion upon written notice to Grantee as provided in§16,may unilaterally extend the term of this Grant for a period not to exceed two months if the Parties are negotiating a replacement Grant(and not merely seeking a term extension)at or near the end of any initial term or any extension thereof.The provisions of this Grant in effect when such notice is given, including, but not limited to prices, rates,and delivery requirements.shall remain in effect during the two month extension.The two- month extension shall immediately terminate when and if a replacement Grant is approved and signed by the Colorado State Controller. 6. STATEMENT OF PROJECT A. Completion 1 Grantee shall complete the Work and its other obligations as described herein and in Exhibit B and individual Subproject Scope of Work/Budgets. Except as specified in §2 above,the State shall not be liable to compensate Grantee for any Work performed prior to the Effective Date or after the termination of this Grant. B. Goods and Services Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the State. C. Employees All persons employed by Grantee or Subgrantees shall be considered Grantee's or Subgrantees' employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Grant. 7. PAYMENTS TO GRANTEE• ) The State shall, in accordance with the provisions of this§7, pay Grantee in the following amounts and using the methods set forth below: A. Maximum Amount The maximum amount payable under this Grant to Grantee by the State is $708,582.00,as determined by the State from available funds. Grantee agrees to provide any additional funds required for the successful completion of the Work. Payments to Grantee are limited to the unpaid obligated balance of the Grant as set forth in individual Subproject Scope of Work/Budgets. B. Payment i. Payments Any payment allowed under this Grant shall comply with State Fiscal Rules and he made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any payment requests by submitting invoices to the State in the form and manner set forth and approved by the State. ii. Interest The State shall not pay interest on Grantee invoices. The State shall fully pay each invoice within 45 t days of receipt thereof lithe amount invoiced represents performance by Grantee previously accepted by the State. iii.Available Funds-Contingency-Termination The State is prohibited by law from making fiscal commitments beyond the term of the State's current i fiscal year. Therefore,Grantee's compensation is contingent upon the continuing availability of State � appropriations as provided in the Colorado Special Provisions, set torth below. If federal funds are s 1 Nagc?of2I used with this Grant in whole or in part, the State's performance hereunder is contingent upon the continuing availability of such funds. Payments pursuant to this Grant shall be made only from available funds encumbered for this Grant and the State's liability for such payments shall be limited to the amount remaining of such encumbered funds. If State or federal funds are not fully appropriated,or otherwise become unavailable for this Grant,the State may immediately terminate this Grant in whole or in part to the extent of funding reduction without further liability in accordance with the provisions herein. iv. Erroneous Payments At the State's sole discretion, payments made to Grantee in error for any reason, including, but not limited to overpayments or improper payments, and unexpended or excess funds received by Grantee. may be recovered from Grantee by deduction from subsequent payments under this Grant or other grants or agreements between the State and Grantee or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any person or entity other than the State. v. Retroactive Payments 1 As specified in the Subproject Scope of Work/Budget, the State shall pay Grantee for costs or expenses incurred or performance by the Grantee prior to the Effective Date,only if(I)the Grant b Funds involve federal funding and (2) federal laws.rules and regulations applicable to the Work provide for such retroactive payments to the Grantee. Any such retroactive payments shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any payment request by submitting invoices to the State in the form and manner set forth and approved by the State. C. Use of Funds Grant Funds shall be used only for eligible costs identified herein and/or in a specific Subproject Scope of Work/Budget. Modifications to uses of such Grant Funds shall be made in accordance with a specific Subproject Scope of Work/Budget. If an option letter is required for a line item adjustment. the State shall provide written notice to Grantee in a form substantially equivalent to Exhibit E(each an"Option Letter"). If exercised, the provisions of the Option Letter shall become part of and be incorporated into this Grant. D. Other Funds Grantee shall provide other funds in accordance with a specific Subproject Scope of Work/Budget. 8. REPORTING-NOTIFICATION Reports. Evaluations,and Reviews required under this§8 shall be in accordance with the procedures of and in such form as prescribed by the State and in accordance with §19, if applicable. A. Performance, Progress, Personnel,and Funds State shall submit a report to the Grantee upon expiration or sooner termination of this Grant.containing an Evaluation and Review of Grantee's performance and the final status of Grantee's obligations hereunder. In addition, Grantee shall comply with all reporting requirements, if any, set forth in individual Subproject Scope of Work/Budgets and Project Performance Plans. B. Litigation Reporting Within 10 days after being served with any pleading in a legal action filed with a court or administrative agency, related to this Grant or which may affect Grantee's ability to perform its obligations hereunder, Grantee shall notify the State of such action and deliver copies of such pleadings to the State's principal representative as identified herein. lf the State's principal representative is not then serving,such notice and copies shall be delivered to the Executive Director of DOLA. C. Noncompliance Grantee's failure to provide reports and notify the State in a timely manner in accordance with this§8 nm result in the delay of payment of funds and/or termination as provided under this Grant. D. Subgrants/Subcontracts Copies of any and all subgrants and subcontracts entered into by Grantee to perform its obligations hereunder shall be submitted to the State or its principal representative. Any and all subgrants and subcontracts entered into by Grantee related to its performance hereunder shall comply with all applicable Page 6 ol'2I federal and state laws and shall provide that such subgrants and subcontracts be governed by the laws of the State of Colorado. 9. GRANTEE RECORDS Grantee shall make, keep, maintain and allow inspection and monitoring of the following records: A. Maintenance Grantee shall make, keep. maintain,and allow inspection and monitoring by the State of a complete file of all records,documents, communications, notes and other written materials,electronic media files,and communications, pertaining in any manner to the Work or the delivery of Services(including, but not limited to the operation of programs)or Goods hereunder. Grantee shall maintain such records(the "Record Retention Period")until the last to occur of the following: (i) a period of five years after the date this Grant is completed or terminated, or final payment is made hereunder, whichever is later,or (ii) for such further period as may be necessary to resolve any pending matters,or (iii) if an audit is occurring, or Grantee has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved. B. Inspection Grantee shall permit the State, the federal government(if Grant Funds include federal funds)and any other duly authorized agent of a governmental agency to audit, inspect,examine,excerpt,copy and/or transcribe Grantee's records related to this Grant during the Record Retention Period for a period of five years following termination of this Grant or final payment hereunder, whichever is later,to assure compliance with the terms hereof or to evaluate Grantee's performance hereunder. The State reserves the right to inspect the Work at all reasonable times and places during the term of this Grant, including any extension. If the Work fails to conform to the requirements of this Grant,the State may require Grantee promptly to bring the Work into conformity with Grant requirements, at Grantee's sole expense. It'the Work cannot be brought into conformance by re-performance or other corrective measures, the State may require Grantee to take necessary action to ensure that future performance conforms to Grant requirements and exercise the remedies available under this Grant.at law or in equity in lieu of or in conjunction with such corrective measures. C. Monitoring i i.Grantee.Grantee shall permit the State, the federal government(if Grant Funds include federal funds), i and other governmental agencies having jurisdiction, in their sole discretion,to monitor all activities I conducted by Grantee pursuant to the terms of this Grant using any reasonable procedure, including, but not limited to: internal evaluation procedures,examination of program data,special analyses, on- site checking, formal audit examinations,or any other procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly interfere with Grantee's performance hereunder. ii. Subgrantee/Subcontractor.Grantee shall monitor its Subgrantees and/or Subcontractors, if any, during the term of this Grant. Results of such monitoring shall be documented by Grantee and maintained on file. D. Final Audit Report Grantee shall provide a copy of its audit report(s)to DOLA as specified in Exhibit B. 10. CONFIDENTIAL INFORMATION-STATE RECORDS Grantee shall comply with the provisions of this§10 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to, state records, personnel records,and information concerning individuals. A. Confidentiality Grantee shall keep all State records and information confidential at all times and comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of Grantee shall be immediately forwarded to the State's t'age 7 of 2 I principal representative. Except as otherwise provided in this Grant,Grantee shall keep all tenant, patient and offender information confidential. B. Notification Grantee shall notify its agent, employees. Subgrantees,and assigns who may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access such records and information. C. Use,Security,and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee or its agents in any way,except as authorized by this Grant or approved in writing by the State.Grantee shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by Grantee or its agents,except as permitted in this Grant or approved in writing by the State. D. Disclosure-Liability Disclosure of State records or other confidential information by Grantee for any reason may be cause for legal action by third parties against Grantee. the State or their respective agents.Grantee shall,to the extent permitted by law, indemnify,save, and hold harmless the State, its employees and agents,against any and all claims,damages. liability and court awards including costs, expenses,and attorney fees and related costs, incurred as a result of any act or omission by Grantee,or its employees,agents. Subgrantees,or assignees pursuant to this§10. E. Health Insurance Portability and Accountability Act of 1996(HIPAA) DOLA is not a covered entity under HIPAA for purposes of this Grant. If the Grantee is a covered entity under HIPAA. it shall comply with the requirements of HIPAA.and in all instances shall comply with all other federal and state laws protecting the confidentiality of patient information. El. CONFLICTS OF INTEREST Grantee shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Grantee's obligations hereunder.Grantee acknowledges that with respect to this Grant,even the appearance of a conflict of interest is harmful to the State's interests. Absent the State's prior written approval, Grantee shall refrain from any practices,activities or relationships that reasonably appear to be in conflict with the full performance of Grantee's obligations to the State hereunder. If a conflict or appearance exists,or if Grantee is uncertain whether a conflict or the appearance of a conflict of interest exists,Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the apparent conflict constitutes a breach of this Grant. 12. REPRESENTATIONS AND WARRANTIES Grantee makes the following specific representations and warranties,each of which was relied on by the State in entering into this Grant. A. Standard and Planner of Performance Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant. B. Legal Authority—Grantee and Grantee's Signatory Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions required by its procedures,by-laws,and/or applicable laws to exercise that authority,and to lawfully authorize its undersigned signatory to execute this Grant. or any part thereof.and to bind Grantee to its terms. If requested by the State, Grantee shall provide the State with proof of Grantee's authority to enter into this Grant within 15 days of receiving such request. C. Licenses, Permits,etc. Grantee represents and warrants that as of the Effective Date it has,and that at all times during the term hereof it shall have, at its sole expense. all licenses,certifications,approvals, insurance. permits.and other authorization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain Page 8.121 r---- all necessary licenses,certifications,approvals, insurance, permits, and other authorizations required to 1 properly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds. Additionally,all employees and agents of Grantee performing Services under this Grant shall hold all required licenses or certifications, if any, to perform their responsibilities. Grantee. i f a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non-renewal of licenses,certifications,approvals, insurance, permits or any such similar requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a material breach by Grantee and constitute grounds for termination of this Grant. D. Exclusion, Debarment and/or Suspension Grantee represents and warrants that Grantee, or its employees, Subgrantees or authorized Subcontractors, are not presently excluded from participation, debarred, suspended, proposed for debarment,declared ineligible. voluntarily excluded,or otherwise ineligible to participate in a federal payment program by any federal or State of Colorado department or agency. If Grantee, Subgrantee,or any of their respective subcontractors,employees or authorized agents, is excluded from participation, or becomes otherwise ineligible to participate in any such program during the term of this Grant,Grantee will notify the State in writing within three(3)days after such event. Upon the occurrence of such event, whether or not such notice is given to Grantee, the State. in its sole discretion, reserves the right to immediately cease contracting with Grantee and terminate this Grant without penalty. 13. INSURANCE Grantee and its Subgrantees shall obtain and maintain insurance as specified in this section at all times during the term of this Grant:All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to Grantee and the State. A. Grantee i.Public Entities If Grantee is a"public entity" within the meaning of the Colorado Governmental Immunity Act,CRS §24-10-101,et seq.,as amended(the"CIA"), then Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance,as is necessary to meet its liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State, if requested by the State.Grantee shall require each subgrant with Subgrantees that are public entities. providing Goods or Services hereunder,to include the insurance requirements necessary to meet Subgrantee's liabilities under the GIA. ii. Non-Public Entities If Grantee is not a"public entity" within the meaning of the GIA,Grantee shall obtain and maintain during the term of this Grant insurance coverage and policies meeting the same requirements set fbrth in §13(B) with respect to Subgrantees that are not "public entities". B. Grantees,Subgrantees and Subcontractors Grantee shall require each subgrant with Subgrantees and each contract with Subcontractors,other than those that are public entities, providing Goods or Services in connection with this Grant,to include insurance requirements substantially similar to the following: i. Workers' Compensation Workers' Compensation Insurance as required by State statute,and Employer's Liability Insurance covering all of Grantee, Subgrantee and Subcontractor employees acting within the course and scope of their employment. ii. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent,covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury.and advertising liability with minimum limits as follows: (a)$1.000,000 each occurrence; (b)$1,000.000 general aggregate; (c) $1.000.000 products and completed operations aggregate;and (d)$50,000 any one tire. Page 9 or 21 iii. Automobile Liability Automobile Liability Insurance covering any auto(including owned, hired and non-owned autos)with a minimum limit of$1,000,000 each accident combined single limit. iv. Malpractice/Professional Liability Insurance This section®shall ❑ shall not apply to this Grant. Grantee, Subgrantees and Subcontractors shall maintain in full force and effect a Professional Liability Insurance Policy in the minimum amount ot'$I,000,000 per occurrence and $3,000,000 in the aggregate, written on an occurrence form, that provides coverage for its work undertaken pursuant to this Grant. if a policy written on an occurrence form is not commercially available, the claims-made policy shall remain in effect for the duration of this Grant and for at least two years beyond the completion and acceptance ofthe work under this Grant,or,alternatively, a two year extended reporting period must be purchased. The Grantee, Subgrantee or Subcontractor shall be responsible for all claims,damages, losses or expenses, including attorney's fees,arising out of or resulting from such 3 party's performance of professional services under this Grant,a subcontract or subgrant. v. Umbrella Liability Insurance For construction projects exceeding$10,000,000, Grantee,Subgrantees and Subcontractors shall maintain umbrella/excess liability insurance on an occurrence basis in excess of the underlying insurance described in§13(B)(i)-(iv) above. Coverage shall follow the terms of the underlying insurance, included the additional insured and waiver of subrogation provisions. The amounts of insurance required in subsections above may be satisfied by the Grantee, Subgrantee and Subcontractor purchasing coverage for the limits specified or by any combination of underlying and umbrella limits,so long as the total amount of insurance is not less than the limits specified in each section previously mentioned. The insurance shall have a minimum amount of$5,000,000 per occurrence and$5,000,000 in the aggregate. vi. Property Insurance This subsection shall apply if Grant Funds are provided fbr the acquisition, construction, or rehabilitation of real property. Insurance on the buildings and other improvements now existing or hereafter erected on the premises and on the fixtures and personal property included in the Subject Property against loss by fire,other hazards covered by the so called"all risk" form of policy and such other perils as State shall from time to time require with respect to properties of the nature and in the geographical area of the Subject Properties,and to be in an amount at least equal to the replacement cost value of the Subject Property. Grantor will at its sole cost and expense, from time to time and at any time, at the request of State provide State with evidence satisfactory to State of the replacement cost of the Subject Property. vii.Flood Insurance If the Subject Property or any part thereof is at any time located in a designated official flood hazard area, flood insurance insuring the buildings and improvements now existing or hereafter erected on the Subject Property and the personal property used in the operation thereof in an amount equal to the lesser of the amount required for property insurance identified in §vi above or the maximum limit of • coverage made available with respect to such buildings and improvements and personal property under applicable federal laws and the regulations issued thereunder. viii. Builder's Risk Insurance This subsection shall apply if Grant Funds are provided fir construction or rehabilitation of'real property. Grantee. Subgrantee and/or Subcontractor shall purchase and maintain property insurance written on a builder's risk"all-risk"or equivalent policy form in the amount of the initial construction/ rehabilitation costs, plus value of subsequent modifications and cost of materials supplied or installed by others.comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the property owner has an insurable interest in the property. a) The insurance shall include interests of the property owner.Grantee, Subgrantee. Subcontractors in the Project as named insureds. Page IOoI'2I b) All associated deductibles shall be the responsibility of the Grantee, Subcontractor and Subgrantee. Such policy may have a deductible clause but not to exceed$10,000. c) Property insurance shall be on an "all risk"or equivalent policy form and shall include, without limitation, insurance against the perils of fire(with extended coverage)and physical loss or damage including, without duplication of coverage. theft, vandalism, malicious mischief,collapse,earthquake, flood,windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements,and shall cover reasonable compensation for Grantee's, Suhgrantee's and Subcontractor's services and expenses required as a result of such insured loss. d) Builders Risk coverage shall include partial use by Grantee and/or property owner. e) The amount of such insurance shall be increased to include the cost of any additional work to be done on the Project,or materials or equipment to be incorporated in the Project, under other independent contracts let or to be let. In such event, Subgrantee and Subcontractor shall be reimbursed for this cost as his or her share of the insurance in the same ratio as the ratio of the insurance represented by such independent contracts let or to be let to the total insurance carried. ix. Pollution Liability insurance If Grantee and/or its Subgrantee or Subcontractor is providing directly or indirectly work with pollution/environmental hazards.they must provide or cause those conducting the work to provide Pollution Liability Insurance coverage. Pollution Liability policy must include contractual liability coverage. The policy limits shall be in the amount of$1,000.000 with maximum deductible of$25,000 to be paid by the Grantee's Subcontractor and/or Subgrantee. C. Miscellaneous Insurance Provisions Certificates of Insurance and/or insurance policies required under this Grant shall be subject to the following stipulations and additional requirements: i. Deductible. Any and all deductibles or self-insured retentions contained in any Insurance policy shall be assumed by and at the sole risk of the Grantee, its Subgrantees or Subcontractors, ii. In Force. If any of the said policies shall fail at any time to meet the requirements of the Grant as to form or substance,or if a company issuing any such policy shall be or at any time cease to be approved by the Division of Insurance of the State of Colorado,or be or cease to be in compliance with any stricter requirements of the Grant,the Grantee, its Subgrantee and its Subcontractor shall promptly obtain a new policy. iii. Insurer. All requisite insurance shall be obtained from financially responsible insurance companies, authorized to do business in the State of Colorado and acceptable to Grantee, iv. Additional Insured Grantee and the State shall be named as additional insureds on the Commercial General Liability and Automobile Liability Insurance policies(leases and construction Grants require additional insured coverage for completed operations on endorsements CG 2010 11/85,CG 2037,or equivalent). v. Primacy of Coverage Coverage required of Grantee, Subgrantees and Subcontractors shall be primary over any insurance or self-insurance program carried by Grantee or the State. vi. Cancellation The above insurance policies shall include provisions preventing cancellation or non-renewal without at least 45 days prior notice to the Grantee and Grantee shall forward such notice to the State in accordance with §16(Notices and Representatives) within seven days of Grantee's receipt of such notice. vii.Subrogation Waiver All insurance policies in any way related to this Grant and secured and maintained by Grantee or its Subgrantees and Subcontractors as required herein shall include clauses stating that each carrier shall waive ail rights of recovery, under subrogation or otherwise,against Grantee or the State, its agencies, institutions,organizations.officers,agents,employees,and volunteers. Page 1 1 or 21 Z c-cam .- i ...,+:ssiiiiiilsa�—rc, D. Certificates Grantee, Subgrantee and Subcontractor shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Grant or of their respective subcontract or subgrant. No later than 15 days prior to the expiration date of any such coverage.Grantee, Subgrantee and Subcontractor shall deliver to the State or Grantee certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the term or-this Grant, subgrant or subcontract, Grantee, Subgrantee and Subcontractor shall, within 10 days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §13. 14. BREACH A. Defined In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner, constitutes a breach.The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Grantee,or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also constitute a breach. B. Notice and Cure Period In the event of a breach,notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in §16. It'such breach is not cured within 30 days of receipt of written notice,or if a cure cannot be completed within 30 days.or if cure of the breach has not begun within 30 days and pursued with due diligence,the State may exercise any of the remedies set forth in §15. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 15. REMEDIES Except for the remedies listed in §15(C)which do not require a notice and cure period for Grantee's breach and may be immediately exercised by the State. if Grantee is in breach under any provision of this Grant or if the State terminates this Grant pursuant to §15(0). the State shall have the remedies listed in this §15 in addition to all other remedies set forth in other sections of this Grant following the notice and cure period set forth in §11(13), if applicable. The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and/or Breach If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Grant and in a timely manner, the State may notify Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter fails to promptly cure such non-performance within the cure period, the State, at its option, may terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall continue performance ofthis Grant to the extent not terminated, it'any. i. Obligations and Rights To the extent specified in any termination notice.Grantee shall not incur further obligations or render further performance hereunder past the effective date of such notice,and shall terminate outstanding orders and subgrants/subcontracts with third parties. However.Grantee shall complete and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Grant's terms. At the sole discretion of the State, Grantee shall assign to the State all of Grantee's right, title, and interest under such terminated orders or subgrants/subcontracts. Upon termination, Grantee shall take timely, reasonable and necessary a action to protect and preserve property in the possession of Grantee in which the State has an interest. All materials owned by the State in the possession of Grantee shall be immediately returned to the i State. All Work Product,at the option of the State,shall be delivered by Grantee to the State and shall become the State's property. Page 12 of'2 ...a..j t R ii. Payments The State shall reimburse Grantee only for accepted performance up to the date of termination. It;after termination by the State, it is determined that Grantee was not in breach or that Grantee's action or inaction was excusable,such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public interest,as described herein. iii. Damages and Withholding Notwithstanding any other remedial action by the State,Grantee also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the State may withhold any payment to Grantee for the purpose of mitigating the State's damages. until such time as the exact amount of damages due to the State from Grantee is determined.The State may withhold any amount that may be due to Grantee as the State deems necessary to protect the State, including loss as a result of outstanding liens or claims of former lien holders,or to reimburse the State for the excess costs incurred in procuring similar goods or services.Grantee shall be liable for excess costs incurred by the State in procuring from third parties replacement Work,Services or substitute Goods as cover. B. Early Termination in the Public Interest The State is entering into this Grant for the purpose of carrying out the public policy of the State of Colorado,as determined by its Governor, General Assembly,and/or Courts. If this Grant ceases to further the public policy of the State,the State, in its sole discretion, may terminate this Grant in whole or in part. Exercise by the State of this right shall not constitute a breach of the State's obligations hereunder.This subsection shall not apply to a termination of this Grant by the State for cause or breach by Grantee, which shall be governed by §15(A)or as otherwise specifically provided for herein. i. Method and Content The State shall notify Grantee of such termination in accordance with§16.The notice shall specify the effective date of the termination and whether it affects all or a portion of this Grant. ii. Obligations and Rights Upon receipt of a termination notice.Grantee shall be subject to and comply with the same obligations and rights set forth in §15(A)(i). iii.Payments If this Grant is terminated by the State pursuant to this§15(B), Grantee shall be paid an amount which bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily performed bear to the total Services covered by this Grant, less payments previously made. Additionally, if this Grant is less than 60%completed,the State may reimburse Grantee for a portion of actual out-of-pocket expenses(not otherwise reimbursed under this Grant) incurred by Grantee which are directly attributable to the uncompleted portion of Grantee's obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Grantee hereunder. C. Untimely Expenditure of Funds The CDBG-DR appropriation(the Disaster Relief Appropriations Act, 2013(Pub. L. I 13-2))requires that all funds must be fully expended within 24 months of the date HUD obligates the State's allocation. HUD requires that the State implement procedures to determine timely expenditures of Grantees. To fulfill this requirement, the State will track performance measures and expenditures as described in the overall Statement of Project. Exhibit B, in a specific Subproject Scope of Work/Budget and in the Subproject's Project Performance Plan(collectively, the"Milestones"). If, at any time during the term of this Grant, State determines the Project or any individual Subproject is not proceeding timely in accordance with its Milestones, State may elect to take one or more of the following actions,which shall not be deemed a breach of its obligations hereunder: i.Technical Assistance. State may elect to conduct on-site monitoring and work closely with Grantee until the Project/Subproject is back on schedule. State shall provide prior written notice to Grantee if its elects to conduct on-site monitoring,which shall be conducted during normal business hours and shall not unduly disrupt Grantee's business operations. Page 13 of 21 r ii. Terminate Grant.The State.at its option, may terminate this entire Grant or such Subproject as to which there has been a failure to properly meet its Milestones. Grantee shall continue performance of this Grant to the extent not terminated, if any. a) Method and Content. The State shall notify Grantee of such termination in accordance with§16. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Grant. b) Obligations and Rights. Upon receipt of a termination notice,Grantee shall be subject to and comply with the same obligations and rights set forth in §15(A)(1). c) Deobligation of Grant Funds; Repayment by Grantee of Received Funds. If this Grant is terminated by the State pursuant to this§15(C)(ii), State shall de-obligate any remaining unexpended Grant Funds for the Project and/or Subproject,as applicable, and shall provide notice to Grantee that such Project and/or Subproject has failed to meet its Milestones and the corresponding HUD timeliness requirements and that as a result, Grantee is required to immediately return to the State any previously received Grant Funds for the Project and/or Subproject. D. Remedies Not Involving Termination The State.at its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: i. Suspend Performance Suspend Grantee's performance with respect to all or any portion of this Grant pending necessary corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or performance schedule.Grantee shall promptly cease performance and incurring costs in accordance with the State's directive and the State shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. ii. Withhold Payment Withhold payment to Grantee until corrections in Grantee's performance are satisfactorily made and completed. iii. Deny Payment Deny payment for those obligations not performed, that due to Grantee's actions or inactions,cannot be performed or, if performed, would be of no value to the State; provided, that any denial of payment • shall be reasonably related to the value to the State of the obligations not performed. iv. Removal Demand removal of any of Grantee's employees, agents,or Subgrantees whom the State deems incompetent,careless, insubordinate, unsuitable,or otherwise unacceptable,or whose continued relation to this Grant is deemed to be contrary to the public interest or not in the State's best interest. v. Intellectual Property If Grantee infringes on a patent,copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Grant, Grantee shall.at the State's option(a)obtain for the State or Grantee the right to use such products and services; (b)replace any Goods. Services,or other product involved with non-infringing products or modify them so that they become non-infringing;or, (c) if neither of the foregoing alternatives are reasonably available,remove any infringing Goods, Services. or products and refund the price paid therefore to the State. 16. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard-copy notice. notice also may be sent by e-mail to the e-mail addresses, if any,set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein,all notices shall be effective upon receipt. A. State: Page 14 t r2I E 1 Alison George, Director Division of Housing I Colorado Department of Local Affairs 1313 Sherman Street, Room 500 Denver,Colorado 80203 I Email: alison.georgetlestate.co.us B. Grantee: Mike Freeman,Chairman Weld County Board of Commissoners Post Office Box 758 Greeley,Colorado 80632 Email: mfreeman arweldgov.com 17. RIGHTS IN DATA, DOCUMENTS,AND COMPUTER SOFTWARE This section❑ shall I®shall not apply to this Grant. Any software, research, reports, studies,data, photographs. negatives or other documents,drawings, models, materials,or Work Product of any type, including drafts, prepared by Grantee in the performance of its obligations under this Grant shall be the exclusive property of the State and,all Work Product shall be delivered to the State by Grantee upon completion or termination hereof.The State's exclusive rights in such Work Product shall include, but not be limited to, the right to copy, publish,display,transfer, and prepare derivative works. Grantee shall not use,willingly allow,cause or permit such Work Product to be used for any purpose other than the performance of Grantee's obligations hereunder without the prior written consent of the State. 18. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver,express or implied. of any of the immunities, rights, benefits,protection,or other provisions of the GIA. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado. its departments, institutions, agencies, boards,officials,and employees is controlled and limited by the provisions of the GIA and the risk management statutes,CRS §24-30-1501,et seq.,as amended. 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to Grantee under this Grant is greater than $100,000,either on the Effective Date or at anytime thereafter,this §19 applies. Grantee agrees to be governed, and to abide, by the provisions of CRS §24-102-205. §24-102-206, §24-103-60I, §24-103.5-101 and §24-I05-102 concerning the monitoring of vendor performance on state Grants and inclusion of Grant performance information in a statewide Contract Management System. Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Grant, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Grantee's performance shall be part of the normal Grant administration process and Grantee's performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of'information relevant to the performance of Grantee's obligations under this Grant shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Grantee's obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Grant term. Grantee shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration(Executive Director), upon request by the Department of Local Affairs.and showing of good cause, may debar Grantee and prohibit Grantee from receiving future grants and bidding on future contracts.Grantee may contest the final Evaluation. Review and Rating by: (a) filing rebuttal statements. I'age 1Sof21 which may result in either removal or correction of the evaluation(CRS §2d-105-102(6)),or(b)under CRS 1 §?,1-IUD-102(6),exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107,201 or 202,which may result in the reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon a showing of good cause. 20. RESTRICTION ON PUBLIC BENEFITS This section® shall j ❑shall not apply to this Grant. Grantee must confirm that any individual natural person is lawfully present in the United States pursuant to CRS §24-76.5-10I et seq. when such individual applies for public benefits provided under this Grant by requiring the applicant to: A. Produce an identification document in accordance with §2.1.1 through §2.1.3 of-Colorado Department of Revenue's Rule#1 CCR 201-17, Rule for Evidence of Lawful Presence,as amended. B. Execute an affidavit herein attached as Form 1, Residency Declaration, stating i. That he or she is a United States citizen or legal permanent resident; or ii. That he or she is otherwise lawfully present in the United States pursuant to federal law. Notwithstanding the foregoing, to the extent that there is any conflict with the provisions above or those set forth in the Residency Declaration attached hereto as Form 1 and any provision of federal law,the provisions of federal law shall prevail. 21. GENERAL PROVISIONS A. Assignment and Subgrants Grantee's rights and obligations hereunder are personal and may not be transferred,assigned or subgranted without the prior, written consent of the State. Any attempt at assignment, transfer. or subgranting without such consent shall be void. All assignments,subgrants,or subcontracts approved by Grantee or the State are subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting and subcontracting arrangements and performance. B. Binding Effect Except as otherwise provided in §21(A),all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives,successors, and assigns. C. Captions The captions and headings in this Grant are for convenience of reference only,and shall not be used to interpret,define, or limit its provisions. D. Counterparts This Grant may be executed in multiple identical original counterparts,all of which shall constitute one agreement. E. Entire Understanding This Grant represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written,are merged herein. Prior or contemporaneous additions, deletions,or other changes hereto shall not have any force or effect whatsoever, unless embodied herein. F. Indemnification-General Grantee shall,to the extent permitted by law. indemnify, save,and hold harmless the State. its employees and agents,against any and all claims,damages, liability and court awards including costs,expenses,and attorney fees and related costs. incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees,or assignees pursuant to the terms of this Grant; however, the provisions hereof shall not be construed or interpreted as a waiver.express or implied, of any of the immunities, rights, benefits. protection,or other provisions,of the GIA,or the Federal Tort Claims Act,28 U.S.C. 2671 et seq.,as applicable,as now or hereafter amended. G. Jurisdiction and Venue All suits, actions,or proceedings related to this Grant shall be held in the State of-Colorado and exclusive venue shall be in the City and County of Denver. I'agc I6uf21 3 H. List of Selected Applicable Laws At all times during the performance of this Grant, Grantee shall comply with all applicable Federal and State laws and their implementing regulations,currently in existence and as hereafter amended, including without limitation those set forth on Exhibit A. Applicable Laws.Grantee also shall require compliance with such laws and regulations by subgrantees under subgrants permitted by this Grant. 1. Use Covenants and Deed Restrictions An individual Subproject Scope of Work/Budget shall specify if a Use Covenant or Deed Restriction is • required. For Subject Property that is owned by Grantee upon execution of this Grant. Grantee shall record a Use Covenant, in the form provided by the State,with the county in which the property resides as soon as reasonably practicable after execution of this Grant. For Subject Property acquired by Grantee using Grant Funds,Grantee shall record a Use Covenant, in the form provided by the State,with the county in which the property resides as soon as reasonably practicable after acquisition of such property. For Subject Property acquired by a Beneficiary through a Grantee using Grant Funds,Grantee shall require Beneficiary to record a Deed Restriction, in the form provided by the State, with the county in which the property resides as soon as reasonably practicable after acquisition of such property. J. Modification i. By the Parties Except as specifically provided in this Grant. modifications of this Grant shall not be effective unless agreed to in writing by the Parties in an amendment hereto, properly executed and approved in accordance with applicable Colorado State law, State Fiscal Rules,and Office of the State Controller Policies, including,but not limited to,the policy entitled MODIFICATION OF CONTRACTS- TOOLS AND FORMS. Changes to the Grant shall be authorized to be approved by the following State or DOLA parties: t a) Approval by Division Director The Division Director within DOLA or his delegate shall have authority to approve changes to 3 the Responsible Administrator and Key Personnel specified in§6.5 of the individual Subproject Scope of Work/Budgets and the Principal Representative in§16. 3 b) Approval by DOLA Controller The DOLA Controller shall have authority to approve all changes to the Grant which are not reserved to the Division Director above. ii. By Operation of Law This Grant is subject to such modifications as may be required by changes in Federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Grant on the effective date of such change,as if fully set forth herein. K. Order of Precedence The provisions of this Grant shall govern the relationship of the Parties. In the event of conflicts or inconsistencies between this Grant and its exhibits and attachments including, but not limited to.those provided by Grantee,such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Exhibit C(Supplemental Provisions for Federal Funding Accountability and Transparency Act of 2006) ii. Colorado Special Provisions y iii. The provisions of the main body of this Grant(excluding the cover page) iv. Exhibit F(Procedure to Prevent Duplication of Benefits) v. Exhibit B(Overall Statement of Project) vi. individual Subproject Scope of Work/Budget vii. individual Subproject Project Performance Plan viii. Individual Subproject Use Covenant, if applicable ix. Any executed Option Letter x. Exhibit D(Rent and Income Limit Table) , 6 Page t7o12t 0 xi. Any document incorporated by reference which is not included in any item listed in(i) through(ix) above xii.Exhibit A (Applicable Laws) xiii. The cover page of this Grant L. Severability Provided this Grant can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof M. Survival of Certain Grant Terms Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued performance, compliance,or effect after termination hereof,shall survive such termination and shall be enforceable by the State if Grantee fails to perform or comply as required. N. Taxes The State is exempt from all federal excise taxes under 1RC Chapter 32(No. 8 4-730I23K)and from all State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions apply when materials are purchased or services rendered to benefit the State: provided however,that certain political subdivisions(e.g.,City of Denver) may require payment of sales or use taxes even though the product or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing Grantee for them. O. Third Party Beneficiaries Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties,and not to any third party. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant.and do not create any rights for such third parties. P. Waiver Waiver of any breach of'a term, provision,or requirement of this Grant,or any right or remedy hereunder, whether explicitly or by lack ofentorcement,shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement,or of any other term, provision,or requirement. Q. CORA Disclosure To the extent not prohibited by federal law, this Grant and the performance measures and standards under CRS §24-[03.5-101, if any,are subject to public release through the Colorado Open Records Act. CRS §24-72-101,et seq. 22. COLORADO SPECIAL PROVISIONS A. The Special Provisions apply to all Grants except where noted in italics. i. CONTROLLER'S APPROVAL. CRS§24-30-202(1). This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or designee. ii. FUND AVAILABILITY. CRS§24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted,and otherwise made available. iii. GOVERNMENTAL IMMUNITY. No term or condition of this Grant shall be construed or interpreted as a waiver,express or implied, of any of the immunities, rights,benefits,protections, or other provisions,of the Colorado Governmental Immunity Act,CRS §24-10-101 et seq.,or the Federal Tort Claims Act,28 U.S.C. §§1346(b)and 2671 et seq..as applicable now or hereafter amended. iv. INDEPENDENT CONTRACTOR Grantee shall perform its duties hereunder as an independent Grantee and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee and its employees and agents are not entitled to unemployment insurance or workers Page I8 11121 compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Unemployment insurance benefits shall be available to Grantee and its employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Grant. Grantee shall not have authorization, express or implied, to bind the State to any Grant, liability or understanding,except as expressly set forth herein. • Grantee shall (a)provide and keep in force workers'compensation and unemployment compensation insurance in the amounts required by law,(b) provide proof thereof when requested by the State, and (c)be solely responsible for its acts and those of its employees and agents. v. COMPLIANCE WITH LAW. Grantee shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including,without limitation, laws applicable to discrimination and unfair employment practices. vi. CHOICE OF'LAW. Colorado law,and rules and regulations issued pursuant thereto,shall be applied in the interpretation, execution,and enforcement of this grant. Any provision included or incorporated herein by reference which conflicts with said laws, rules,and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint,defense,or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Grant,to the extent capable of execution. vii.BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Grant or incorporated herein by reference shall be null and void. viii. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00, State or other public funds payable under this Grant shall not be used for the acquisition.operation,or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that,during the term of'this Grant and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. lithe State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Grant. including, without limitation. immediate termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing restrictions. ix. EMPLOYEE FINANCIAL INTEREST. CRS§§24-18-20I and 24-50-507. The signatories aver that to their knowledge. no employee of the State has any personal or beneficial • interest whatsoever in the service or property described in this Grant. Grantee has no interest and shall not acquire any interest,direct or indirect, that would conflict in any manner or degree with the performance of Grantee's services and Grantee shall not employ any person having such known interests. x. VENDOR OFFSET. CRS§§24-30-202(I)and 24-30-202.4. [Not applicable to intergovernmental agreements] Subject to CRS §24-30-202.4(3.5),the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a)unpaid child support debts or child support arrearages; (b) unpaid balances of tax,accrued interest, or other charges specified in CRS §39-2 I-101,et seq.;(c) unpaid loans due to the Student Loan Division of the Department of Higher Education;(d)amounts required to be paid to the Unemployment Compensation Fund; and(e)other unpaid debts owing to the State as a result of final agency determination or judicial action. • xi. PUBLIC GRANTS FOR SERVICES. CRS§8-17.5-I01. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services orAnd management services,sponsored projects. intergovernmental Agreements, or Page 19 of 21 information technology services or products and services] Grantee certifies,warrants,and agrees that it does not knowingly employ or contract with an illegal alien who shall perform work under this Grant and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Grant.through participation in the E- Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c),Grantee shall • not knowingly employ or contract with an illegal alien to perform work under this Grant or enter into a grant with a Suberantee that fails to certify to Grantee that the Subgrantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant. Grantee(a)shall not use E- Verify Program or State program procedures to undertake pre-employment screening ofjob applicants while this Grant is being performed. (b)shall notify the Subgrantee and the granting State agency within three days it'Grantee has actual knowledge that a Subgrantee is employing or contracting with an illegal alien for work under this Grant,(c)shall terminate the Subgrant if a Subgrantee does not stop employing or contracting with the illegal alien within three days of receiving the notice,and(d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-I 7.5-102(5). by the Colorado Department of Labor and Employment. If Grantee participates in the State program.Grantee shall deliver to the granting State agency, Institution of Higher Education or political subdivision,a written, notarized affirmation,affirming that Grantee has examined the legal work status of such employee,and shall comply with all of the other requirements of the State program. If Grantee fails to comply with any requirement of this provision or CRS §8- 17.5-101 et seq.,the granting State agency, institution of higher education or political subdivision may terminate this Grant for breach and, if so terminated, Grantee shall be liable for damages. xii.PUBLIC GRANTS WITH NATURAL PERSONS.CRS§24-76.5-101. Grantee, if a natural person eighteen(18)years of age or older,hereby swears and affirms under penalty of perjury that he or she(a) is a citizen or otherwise lawfully present in the United States pursuant to federal law,(b)shall comply with the provisions of CRS §24-76.5-101 et seq.,and(c)has produced one form of identification required by CRS §24-76.5-103 prior to the Effective Date of this Grant. SPs Effective 1/1/09 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK I'age20of2I SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS GRANT * Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's behalf and acknowledge that the State is relying on their representations to that effect. • GRANTEE STATE OF COLORADO WELD COUNTY John W.Hickenlooper,GOVERNOR DEPARTMENT OF LOCAL AFFAIRS BY: ._.._......M I kP_Freeman_ Name of Authorized individual Chair, Board of Weld By: Title: county CDmmiasiD.Dg .s IF H Iter. in; xe i tive Director Official Title of Authorized Individual / • x _ Date: L{.. *Signature Date: APR 13 2016 PRE-APPROVED FORM CONTRACT REVIEWER 4-U-(1-CV Bv: (,' '1.. Alison O'Kelly,CDBG-DR pious' g Manager Date: 4 (CI \ 1idio....w._ ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS§24-30-292 requires the State Controller to approve all State grants.This Grant is not valid until signed and I dated below by the State Controller or delegate.Grantee is not authorized to begin performance until such time. If Grantee begins performing prior thereto,the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros,CPA,MBA,JD anet:Nliks, PA,Controller elegate Date:...... IA 5/4 _._ l'age 21 Or 21 0 -- /,1(4 EXHIBIT A—APPLICABLE LAWS Laws. regulations,and authoritative guidance incorporated into this Grant include, without limitation: I. Housing and Community Development Act of 1974, Pub L, No.93-383,as amended. 2. 24 Code of Federal Regulations(CFR) Part 570,Community Development Block Grant. Community Development Block Grant(CDBG)Guidebook,available on DOLA's website. 3. Disaster Relief Appropriations Act,2013 (Pub. L. [ 13-2) 4. 24 CFR Parts 0-91 and 100-180,et seq,as amended, Housing and Urban Development. 5. 24 CFR Subtitle B,Chapter I—XXV,et seq,as amended, Housing and Urban Development. 6. 24 CFR Part 58, Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities. 7. 24 CFR Part 84, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals,and Other Non-Profit Organizations. 8. 24 CFR Part 85, Administrative requirements for grants and cooperative agreements to State, local and federally recognized Indian tribal governments. 9. 2 CFR Part 220, Cost Principles for Education Institutions(OMB Circular A-2 I). 10. 2 CFR Part 225,Cost Principles for State, Local and Indian Tribal Governments(OMB Circular A- 87). 11. 2 CFR Part 230, Cost Principles for Non-Profit Organizations(OMB Circular A-122). 12. OMB Circular A-133, Audits of States, Local Governments,and Non-Profit Organizations. 13. CRS §29-1-601 et seq., as amended, Colorado Local Governments Audit Law. 14. 2 USC Chapter 26,et seq.,as amended, Disclosure of Lobbying Activities. IS. 5 USC 552a,as amended, Privacy Act of 1974. 16. 8 USC 1101, Immigration and Nationality Act. 17. 12 USC §§170 I- 1701z-15, et seq., as amended, National Housing Act. 18. 15 USC Chapter 49,et seq., as amended, Fire Prevention and Control. 19. 16 USC Chapters 1-83,et seq.,as amended. Conservation. 20. 20 USC 1681-1688, Title IX,as amended, Education Amendment of 1972. 21. 29 USC Chapter 8, §§201, 206,et seq., as amended, Labor. 22. 29 USC Chapter 14. §§621-634,et seq.,as amended.Age Discrimination in Employment. 23. 29 USC Chapter 16, §§793-794, et seq.,as amended, Vocational Rehabilitation and Other Rehabilitation Services. 24. 31 USC Subtitle I—VI,et seq.,as amended, Money and Finance. 25. 40 USC Subtitle I,et seq.,as amended, Federal Property and Administrative Services. 26. 40 USC Subtitle II,et seq.,as amended. Public Buildings and Works. 27. 40 USC 276a—276a-5, Davis Bacon Act,as amended. 28. 40 USC 327-330, Section 103 and 107, Contract Work Hours and Safety Standards Act,as amended. 29. 40 CFR [500-1508.as amended,Council on Environmental Quality Regulations Implementing NEPA. 30. 41 CFR Chapter 60,as amended, Executive Order 11246. 31. 41 USC 35 et seq., Walsh-Healey Public Contracts Act. 32. 41 USC 701, et seq., Drug Free Workplace Act of 1988. 33. 42 USC Chapter 21,et seq.,as amended.Civil Rights. 34. 42 USC Chapter 45,et seq.,as amended, Fair Housing. 35. 42 USC Chapter 50.et seq., as amended. National Flood Insurance. 36. 42 USC Chapter 55,et seq., as amended, National Environmental Policy. 37. 42 USC Chapter 63,et seq., as amended. Lead-Based Paint Poisoning Prevention. 38. 42 USC Chapter 69,et seq., as amended.Community Development. 39. 42 USC Chapter 6A.et seq., as amended. Public Health Services. 40. 42 USC Chapter 76,et seq.,as amended, Age Discrimination in Federally Assisted Programs. 4 I. 42 USC Chapter 89.et seq.,as amended.Congregate Housing Services. Page I —Exhibit A 42. 42 USC Chapter 85,et seq., as amended, Air Pollution Prevention and Control. 43. 42 USC Chapter 126,et seq.,as amended, Equal Opportunity for Individuals with Disabilities. 44. 42 USC Chapter 130,et seq.,as amended, National Affordable Housing. 45. 42 USC 5301-5321, Housing and Community Development Act of 1974,as amended. 46. 49 CFR Part 24,as amended, Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 47. CRS §24-34-302,et seq., as amended,Civil Rights Division. 48. CRS §24-34-501 --510,et seq., as amended, Colorado Housing Act of 1970. 49. CRS §24-75-601 et seq., as amended, Legal Investment of Public Funds. 50. Executive Order 11063. HUD Equal Opportunity in Housing, as amended by Executive Order 12259, Leadership and Coordination of Fair Housing in Federal Programs. 5l. Executive Order 11593, Protection and Enhancement of the Cultural Environment. 52. Executive Order 11988, Floodplain Management. 53. Public Law 110-289, Housing and Economic Recovery Act of 2008. 54. Public Law 111-203, Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. 55. Compliance with all applicable standards,orders,or requirements issued pursuant to section 306 of the Clean Air Act(42 U.S.C. 1857(11)).section 508 of the Clean Water Act(33 U.S.C. 1368), Executive Order 11738,and Environmental Protection Agency regulations(40 CFR part 15). (Applicable to contracts.subcontracts.and subgrants of amounts in excess of'$100,000). 56. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub. L.94-163,89 Stat. 871). [53 FR 8068, 8087. Mar. II, 1988.as amended at 60 FR 19639, 19642, Apr. 19, 19951. Page 2—Exhibit A 1 1 EXHIBIT C-Supplemental Provisions for FFATA State of Colorado Supplemental Provisions for Federally Funded Contracts, Grants,and Purchase Orders Subject to The Federal Funding Accountability and Transparency Act of 2006(FFATA), As Amended Revised as of 3-20-13 The contract,grant,or purchase order to which these Supplemental Provisions are attached has been funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these Supplemental Provisions,the Special Provisions, the contract or any attachments or exhibits incorporated into and made a part of the contract, the provisions of these Supplemental Provisions shall control. I. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the meanings ascribed to them below. 1.1. "Award" means an award of Federal financial assistance that a non-Federal Entity receives or administers in the form of: 1.1.1. Grants; 1.1.2. Contracts; 1.1.3. Cooperative agreements,which do not include cooperative research and development agreements(CRDA)pursuant to the Federal Technology Transfer Act of I986.as amended(15 U.S.C. 3710); 1.1.4. Loans; 1.1.5. Loan Guarantees; 1.1.6. Subsidies; 1.1.7. Insurance; 1.1.8. Food commodities; 1.1.9. Direct appropriations; 1.1.10. Assessed and voluntary contributions; and 1.1.11. Other financial assistance transactions that authorize the expenditure of'Federal funds by non-Federal Entities. Award does not include: 1.1.12. Technical assistance, which provides services in lieu or-money; 1.1.13. A transfer of title to Federally-owned property provided in lieu of money; even if the award is called a gram; 1.1.14. Any award classified for security purposes;or 1.1.15. Any award funded in whole or in part with Recovery funds,as defined in section 1512 of the American Recovery and Reinvestment Act(ARRA)of 2009(Public Law 111-5). 1.2. "Contract"means the contract to which these Supplemental Provisions are attached and includes all Award types in §1.1.1 through 1.1.11 above. 1.3. "Contractor"means the party or parties to a Contract funded, in whole or in part, with Federal financial assistance,other than the Prime Recipient,and includes grantees,subgrantees, Subrecipients, and borrowers. For purposes of Transparency Act reporting, Contractor does not include Vendors. 1.4. "Data Universal Numbering System (DUNS) Number"means the nine-digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet's website may be found at: http://fedgov.dnb.com/webform. 1.5. "Entity" means all of the following as defined at 2 CFR part 25,subpart C; 1.5.1. A governmental organization, which is a State, local government,or Indian Tribe; 1.5.2. A foreign public entity; Page I of 5-Exhibit C—Supplemental Provisions for FFATA 1.5.3. A domestic or foreign non-profit organization; 1.5.4. A domestic or foreign for-profit organization; and 1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non-Federal entity. 1.6. "Executive"means an officer, managing partner or any other employee in a management position. 1.7. "Federal Award Identification Number(FAIN)" means an Award number assigned by a Federal agency to a Prime Recipient. 1.8. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006(Public Law 109-282),as amended by §6202 of Public Law 110-252. FFATA,as amended,also is referred to as the-'Transparency Act." 1.9. "Prime Recipient"means a Colorado State agency or institution of higher education that receives an Award. 1.10. "Subaward"means a legal instrument pursuant to which a Prime Recipient of Award funds awards all or a portion of such funds to a Subrecipient, in exchange for the Subrecipient's support in the performance of all or any portion of the substantive project or program for which the Award was granted. 1.11. "Subrecipient"means a non-Federal Entity(or a Federal agency under an Award or Subaward to a non-Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term -Subrecipient"includes and may be referred to as Subgrantee. 1.12. "Subrecipient Parent DUNS Number" means the subrecipient parent organization's 9-digit Data Universal Numbering System (DUNS)number that appears in the subrecipient's System for Award Management(SAM)profile, if applicable. 1.13. "Supplemental Provisions" means these Supplemental Provisions for Federally Funded Contracts, Grants,and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006, As Amended,as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institution of higher education. 1.14. "System for Award Management(SAM)"means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at http://www.sam.gov. 1.15. "Total Compensation"means the cash and noncash dollar value earned by an Executive during the a Prime Recipient's or Subrecipient's preceding fiscal year and includes the following: 1.15.1. Salary and bonus; 1.15.2. Awards of stock,stock options,and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005)(FAS 123R),Shared Based Payments; 1.15.3. Earnings for services under non-equity incentive plans, not including group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees; 1.15.4. Change in present value of defined benefit and actuarial pension plans: 1.15.5. Above-market earnings on deferred compensation which is not tax-qualified; 1.15.6. Other compensation, it'the aggregate value of all such other compensation(e.g. severance, termination payments. value of life insurance paid on behalf of the employee. perquisites or property) for the Executive exceeds$10,000. 1.16. -Transparency Act"means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. The Transparency Act also is Page 2 ors--Exhibit C—Supplemental Provisions for FFATA referred to as FFATA. 1.17 "Vendor"means a dealer,distributor, merchant or other seller providing property or services required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and is not subject to the terms and conditions of the Federal award. Program compliance requirements do not pass through to a Vendor. 2. Compliance.Contractor shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, including but not limited to these Supplemental Provisions. Any revisions to such provisions or regulations shall automatically become a part of these Supplemental Provisions, without the necessity of either party executing any further instrument. The State of Colorado may provide written notification to Contractor ofsuch revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3. System for Award Management(SAM)and Data Universal Numbering System (DUNS) Requirements. 3.1. SAM.Contractor shall maintain the currency of its information in SAM until the Contractor submits the final financial report required under the Award or receives final payment, whichever is later. Contractor shall review and update SAM information at least annually after the initial registration,and more frequently if required by changes in its information. 3.2. DUNS.Contractor shall provide its DUNS number to its Prime Recipient,and shall update Contractor's information in Dun & Bradstreet, Inc.at least annually after the initial registration,and more frequently if required by changes in Contractor's information. 4. Total Compensation.Contractor shall include Total Compensation in SAM for each of its five most highly compensated Executives for the preceding fiscal year if: 4.1. The total Federal funding authorized to date under the Award is$25,000 or more; and 4.2. In the preceding fiscal year,Contractor received: 4.2.1. 80%or more of its annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act:and 4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the 1 Transparency Act;and 4.3. The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934(I5 U.S.C. 78m(a). 78o(d)or§ 6104 of the Internal Revenue Code of 1986. 5. Reporting. Contractor shall report data elements to SAM and to the Prime Recipient as required in §7 below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall be made to Contractor for providing any reports required under these Supplemental Provisions and the cost of producing such reports shall be included in the Contract price. The reporting requirements in §7 below are based on guidance from the US Office of Management and Budget(OMB),and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract and shall become part ot'Contractor's obligations under this Contract,as provided in §2 above.The Colorado Office of the State Controller will provide summaries of revised OMB reporting requirements at http://www.colorado.gov/dpa/dfp/sco/FFATA.htm. r,. Effective Date and Dollar Threshold for Reporting.The effective date of these Supplemental Provisions apply to new Awards as of October I,2010. Reporting requirements in §7 below apply to new Awards as of October 1,2010, if the initial award is$25,000 or more. If the initial Award is below$25,000 but subsequent Award modifications result in a total Award of$25.000 or more, the Award is subject to the Page 3 ors—Exhibit C—Supplemental Provisions for FFATA EXHIBIT B-OVERALL STATEMENT OF PROJECT(SOP) 1. GENERAL DESCRIPTION OF THE PROJECT(S). 1.1 Purpose--First Tranche. The Colorado Department of Local Affairs("DOLA") is leading Colorado's housing and economic recovery effort in response to severe flooding that occurred September 9 through September IS,2013. On September 14, 2013, President. Barack Obama signed FEMA-DR-4145-CO; subsequent amendments to date have declared 18 counties as a Presidential Disaster Area: Adams, Arapahoe, Boulder, Clear Creek,Crowley, Denver, El Paso, Fremont,Gilpin,Jefferson, Lake, Larimer. Lincoln, Logan, Morgan, Sedgwick, Washington, and Weld. On December 16,2013, the U.S. Department of Housing and Urban Development("HUD")published a notice in the Federal Register at Fed. Reg. 76,154—76,160(December 16,2013), which allocates Community Development Block Grant-Disaster Recovery("CDBG-DR") funds to the State of Colorado(the"Colorado Notice"). Boulder, Larimer.and Weld counties have been designated as the"most impacted and distressed"counties in the Colorado Notice, and 80%of the CDBG-DR allocation provided under the Colorado Notice must address unmet needs within these three counties. As a requirement of funding, in cooperation with impacted communities. DOLA developed and HUD approved an action plan(the "Initial Action Plan"),which assessed the short term and long term housing, infrastructure,and economic needs in the flood-impacted areas,and developed a strategy for addressing the needs. The Initial Action Plan shall be amended as necessary and available on DOLA's website(collectively, the"Action Plan"). This Project implements an element of the housing component of the Action Plan for authorized disaster recovery activities(collectively,"Authorized Activities"). Additional requirements for Authorized Activities are published in notices in the Federal Register at Fed. Reg 14,329- 14.349(March 5, 2013)(the"March Notice")and Fed. Reg. 23,578-23,581 (April 19, 2013)(the"April Notice").The Colorado Notice, March Notice,and April Notice,as well as subsequent Notices published allocating and/or ruling Community Development Block Grant Disaster Recovery, are collectively, the =Notices." Purpose—Subsequent Tranches. On June 3rd.2014. HUD published a notice in the Federal Register at Fed. Reg. 31,964-31,973, (June 3,2014). which allocates additional CDBG-DR funds to Colorado,and expands the use of these funds to include recovery of lire damage incurred in 2012 and 2013, under respective declarations FEMA-4134-CO (Black Forest Wildfire), FEMA-4133-CO(Royal Gorge Wildfire),and FEMA-4067-CO (High Park and Waldo Canyon Wildfires). This notice expands the eligible area to 19 disaster declared counties, including Teller. and allows the funds from tranches one and two to be used to serve counties having a declared major disaster in 2011, 2012 or 2013. On January 8th. 2015, HUD published a final notice in the Federal Register at Fed. Reg. 1,039-1,043, allocating further CDBG-DR funds to Colorado. For performance of projects funded by federal funds committed as a result of the Action Plan Amendment#1 Substantial Amendment,approved November 10, 2014. and subsequent Substantial Amendments, for the Second and Third Allocations ofCDBG-Disaster Recovery, the provisions of the aforementioned"Notices"apply. 1.2 Overall Project Description. Weld County will received CDBG-DR funds to assist with housing repairs, housing purchase and temporary rental assistance for households directly impacted by the September 2013 flood. 1.3 Subproject Description. Each Subproject shall include a Subproject Scope of Work/Budget.a Project Performance Plan,and(if required) Use Covenant and/or Deed Restriction(all as defined in §2 of this Exhibit). Initially, the following Subprojects are attached and incorporated herein: Page 1 --Exhibit B 1.3.1 Housing Repairs(Attachment A-I(a)(b)(c) 1.3.1.1 Subproject Scope of Work/Budget(Attachment A-1(a)) 1.3.1.2 Project Performance Plan(Attachment A-1(b)) 1.3.2 Housing Purchase(Attachment B-I (a)(b)(c)) 1.3.2.1 Subproject Scope of Work/Budget(Attachment B-l(a)) 1.3.2.2 Project Performance Plan(Attachment B-I(b)) 1.3.2.3 Deed Restriction(Attachment B-l(c)) 1.3.3 Temporary Rental Assistance (Attachment C-I (a)(b)) 1.3.3.1 Subproject Scope of W'ork/Budget(Attachment C-1(a)) 1.3.3.2 Project Performance Plan(Attachment C-1(b)) 1.4 Responsibilities. Grantee shall be responsible for the completion of the Project, administration of this Grant. and to provide required documentation to the State as specified herein. 1.5 Service Area.The performance of the Services for this Grant shall be located in Weld County("Service Area"). 2. DEFINITIONS 2.1 CDBG Guidebook. "CDBG Guidebook" means the DOLA CDBG Guidebook. It is updated periodically and available on DOLA's website. 2.2 Cost Savings."Cost Savings" means the Subproject budget amount less the amount expended to complete the Subproject Work. Cost Savings are determined at the time the Subproject Work is completed and the final payment request is submitted by the Grantee to the State. Cost Savings do not result in payment by the State to Grantee above actual expenditures beyond the required ratio. but de-obligates unexpended Grant Funds.State shall provide written notice to Grantee verifying any Cost Savings. 2.3 Deed Restriction. "Deed Restriction"means the deed restriction that limits uses of the real property in a Subproject which may be attached. Deed Restrictions only apply if they are attached to this Grant. 2.4 HUD. "HUD" is the Department of Housing and Urban Development. 2.5 Low-and Moderate-Income Persons. "Low-and Moderate-Income Persons"are specified on the Subproject Scope of Work/Budget. 2.6 National Objective."National Objective"means those objectives approved by HUD and listed in the Subproject Scope of Work/Budget. 2.7 Other Funds."Other Funds" means funding provided by other federal,state, local or private sources for the Project. Other Funds are good faith estimates and do not include Grant Funds. 2.8 Pre-agreement Costs. -Pre-agreement Costs"are those costs specifically authorized as pre-agreement costs by DOLA and which are specifically authorized by the federal funding source. 2.9 Program Income. "Program Income" shall have the meaning given at §VI.17.a. of the March Notice. 2.10 Substantial Completion. "Substantial Completion" for each Subproject shall have the meaning given for each Subproject in its associated Subproject Scope of Work/Budget and Project Performance Plan. Page 2--Exhibit B 2.11 Use Covenant. ''Use Covenant"means the use covenant that limits uses of the real property in a Subproject which may be attached. Use Covenants only apply if they are attached to this Grant. 3. FUNDING Funding for individual Subprojects shall be stated in the Subproject Scope of Work/Budget for such Subproject. 4. PAYMENT Payments shall be made in accordance with this section, the provisions set forth in §7 of the Grant Agreement and in accordance with the applicable Subproject Scope of Work/Budget.Grantee's requests for funds from this Grant shall be for the reimbursement of actual Eligible Expenses(as defined in the Subproject Scope of Work/Budget). 4.1 Payment Schedule.Grant Funds shall be disbursed as specified in the Subproject Scope of Work/Budget. Excess funds shall be returned to DOLA. Each Subproject Scope of Work/Budget shall specify the payment schedule for such Subproject. 4.2 Remittance Address. If mailed, payments shall be remitted to the following address unless changed in accordance with §16 of the Grant Agreement: Weld County Post Office Box 758 Greeley,Colorado 80632 4.3 Interest. If advance payments are authorized,Grantee or Subgrantee may keep interest earned from all federal funds received by Grantee or Subgrantee up to$100 per year (calculated on Grantee's fiscal year) for administrative expenses. All interest earned in excess of$100 shall be remitted to DOLA. 5. ADMINISTRATIVE REQUIREMENTS These funds will be administered by Grantee, in accordance with the requirements of this Grant, the Action Plan, and the Subproject Scope of Work/Budgets and Project Performance Plans. Grantee shall comply with the administration requirements set forth in the most recent State Community Development Block Grant("CDBG") Guidebook, or such requirements as may be subsequently amended by the State, which shall be available on DOLA's website. 5.1 Accounting. Grantee shall maintain properly segregated accounts of Grant Funds,and Other Funds associated with the Project and make those records available to the State upon request. All receipts and expenditures associated with the Project shall be documented in a detailed and specific manner, in accordance with the Subproject Scope of Work/Budgets which are attached. 5.2 Audit Report. If an audit is performed on Grantee's records for any fiscal year covering a portion of the term of this Grant or any other grants/contracts with DOLA, Grantee shall promptly submit the final audit report, including a report in accordance with the Single Audit Act,to: Department of Local Affairs Accounting& Financial Services 1313 Sherman Street. Room 323 Denver.CO 80203 Or Email to: dola.auditt7state.co.us 5.3 Prevention and Detection of Waste, Fraud,and Abuse.Grantee shall certify that all reported information submitted to State is complete and accurate. Grantee shall work with State staff to review project budgets, financial projections and other supporting documents to ensure that Grant Funds are responsibly expended and are used on projects Page 3—Exhibit B that are necessary and feasible.Grantee shall allow State.or State's authorized agent, full on-site monitoring including site visits and inspections(it'applicable), file review and administrative review to ensure compliance with requirements, no duplication of benefits occurred,that any long-term affordability requirements are met and all payments disbursed are eligible and reasonable. Grantee warrants that it has adequate procedures to detect fraud, waste and/or abuse in its programs and/or expenditures. If Grantee suspects or has knowledge of any waste, fraud and/or abuse of Grant Funds.Grantee shall immediately provide written notice to State of such waste, fraud and/or abuse and Grantee shall be liable to the State to repay/reimburse State for any waste, fraud and/or abuse of Grant Funds. 5.4 Monitoring. The State shall monitor this Grant in accordance with this Exhibit and the applicable Subproject Scope of Work/Budget and§§9(B)and 9(C)of the Grant Agreement. Final evaluation of the Subproject will be accomplished when DOLA approves the Subproject Completion Report for the applicable Subproject. 5.5 Procurement Standards. Selection of subcontractors and purchase of materials to accomplish a Subproject shall follow appropriate procurement standards as outlined in DOLA's CDBG Guidebook, Financial Management Section(which is available on DOLA's website). lithe standards in the CDBG Guidebook conflict with this Grant. the provisions of this Grant shall prevail. Procurement documentation shall be submitted to DOLA at the time of occurrence. 5.6 Environmental Requirements. Grantee shall comply with all HUD and other federal environmental requirements and shall not obligate Grant Funds prior to compliance with all federal environmental requirements in 24 CFR Part 58 and receipt of the written release of funds from the State. 5.7 The Federal Funding Accountability and Transparency Act of 2006 as Amended 10/15/2010(FFATA). The Grantee and Subgrantee shall comply with all the requirements of the Federal Funding Accountability and Transparency Act in accordance with the provisions set forth in Exhibit C. Grantee shall complete the FFATA Data Report Form on Form 2 and submit it to the DOLA Controller prior to execution of this Grant by the State Controller or designee. 5.8 Program Income. For the purpose of these Grant Funds. Program income is defined at §Vl.I 7.a. of the March Notice. It'Grantee is authorized in writing by DOLA to retain Program Income for a Subproject,Grantee shall follow the alternative Program income requirements provided in the March Notice and the CDBG-DR Program Income Guidelines(available on DOLA's website) for the tracking. accounting, and use of Program Income. 5.8.1 Program Income for CDBG-DR Activities. Program income received and retained and used to continue Authorized Activities as specified in the Subproject Scope of Work/Budget during the term of this Grant, is treated as additional disaster recovery CDBG funds subject to the requirements of the March Notice,and must be used in accordance with the Action Plan. Program Income received and not used to continue Authorized Activities during the term of this Grant or which are not transferred to the Grantee's annual CDBG program pursuant to §5.8.2 below shall be returned to DOLA on a calendar quarterly basis within 20 days of the end of such quarter. 5.8.2 Entitlement Community Program Income Transferred to Annual CDBG Program. if the Grantee is a CDBG entitlement community, Program income received and retained, with DOLA's prior written approval, may be transferred to the Grantee's annual CDBG program. Program Income received,and not used to continue Authorized Activities. will not be subject to the waivers and alternative requirements of the March Notice. Rather,those funds will be subject to the Grantee's regular CDBG program rules. Page 4— Exhibit B 5.8.3 Non-entitlement Community Post Grant Program Income. If the Grantee is not a CDBG entitlement community, Program Income received by Grantee after termination of this Grant shall be returned to DOLA on a calendar quarterly basis within 20 days of the end of such quarter. 5.8.4 Miscellaneous Income. If DOLA has certified the Grantee as a Community-Based Development Organization(CBDO)pursuant to 24 CFR 570.204(c) for the purpose of this Grant Agreement,and the Authorized Activities are eligible under 42 USC 5305(a)(15)and 24 CFR 570.204(a), funds generated by the use of Grant Funds for Authorized Activities are not considered Program Income and are not subject to the Program Income requirements of the March Notice. 6. CONSTRUCTION STANDARDS For all rehabilitation, reconstruction, new construction and clearance of or demolition of existing structures,Grantee shall or shall cause such projects to meet the construction standards outlined in the Action Plan, which is available on DOLA's website,and the following requirements: 6.1 Plans& Specifications. Construction plans and specifications, if required(the-'Plans"), shall be drawn up by a qualified engineer or architectt licensed in the State of Colorado,or pre-engineered in accordance with Colorado law,and hired by the Grantee or the Beneficiary. All Plans must be stamped by a licensed professional civil engineer in the State of Colorado. 6.2 Standards. Grantee. Subgrantees, Subcontractors,and Beneficiaries and their subcontractors shall comply with all applicable statutory design and construction standards and procedures that may be required. including the standards required by Colorado Department of Public Health and Environment,and shall provide the State with documentation of such compliance. 6.3 Bidding. Grantee shall provide to DOLA all necessary forms relating to bidding and construction funded by CDBG-DR funds as outlined in the CDBG Guidebook. 6.4 License,permits,etc.Grantee shall ensure that Beneficiaries and their subcontractors(if required to register to do business in the State of Colorado and if performing services in the State of Colorado)comply with §12(C)of the Grant Agreement. 6.5 Oversight. Construction Work must be built to the approved Plans, ifany. If Plans are required, a professional engineer shall have responsible charge of the Work for quality and safety. Page 5—Exhibit B • reporting requirements as of the date the Award exceeds$25,000. lithe initial Award is$25,000 or more, but funding is subsequently de-obligated such that the total award amount falls below$25,000,the Award shall continue to be subject to the reporting requirements. 7. Subrecipient Reporting Requirements. If Contractor is a Subrecipient,Contractor shall report as set forth below. 7.1. To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM/in. each Federal Award Identification Number no later than the end of the month following the month in which the Subaward was made: 7.1.1. Subrecipient DUNS Number; 7.1.2. Subrecipient DUNS Number+4 if more than one electronic funds transfer(EFT) account; 7.1.3. Subrecipient Parent DUNS Number; 7.1.4. Subrecipient's address, including: Street Address,City, State,Country,Zip+4,and Congressional District; 7.1.5. Subrecipient's top 5 most highly compensated Executives if the criteria in §4 above are met;and 7.1.6. Subrecipient's Total Compensation of top 5 most highly compensated Executives if criteria in §4 above met. 7.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the Contract, the following data elements: 7.2.1. Subrecipient's DUNS Number as registered in SAM. 7.2.2. Primary Place of Performance Inlbrmation. including:Street Address.City, State. Country, Zip code+4,and Congressional District. 8. Exemptions. 8.1. These Supplemental Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non-profit organization he or she may own or operate in his or her name. 8.2. A Contractor with gross income from all sources of less than$300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives. 8.3. Effective October 1, 2010,"Award"currently means a grant, cooperative agreement,or other arrangement as defined in Section I.I of these Special Provisions.On future dates`'Award"may include other items to be specified by OMB in policy memoranda available at the OMB Web site; Award also will include other types of Awards subject to the Transparency Act. 8.4. There are no Transparency Act reporting requirements for Vendors. 9. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default under the Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30 day notice period.This remedy will be in addition to any other remedy available to the State of Colorado under the Contract,at law or in equity. See next page for FFATA Data Report form. Page 4 01.5-Exhibit C--Supplemental Provisions for FFATA Federal Funding Accountability and Transparency Act(FFATA) Data Report Form Reporting is required for initial awards of$25,000 or more or award modifications that result in a total award of $25,000 or more. — information Field. ` Response .. .. ... . . (Refer to the definitions under Section I of this Exhibit). I, Agency or Jurisdiction DUNS Number: 07 57.5-77 X1.55 2. Subrecipient Name Receiving Award: -i kI. fd Cam__ 3. Subrecipient Parent DUNS Number: (Report if different from Subrecipient number) 4. Location of Entity Receiving Award: (Full street address) 1 i 5O "O Sc( r.t.t.1.€J, 6,O W001- I 1 7 5. Primary Location of Performance of the Award: (City, State and Congressional District) "-' �un OOt Answer True or False — 6. In the preceding fiscal year,Contractor received: — a. $25,000,000 or more in annual gross revenues from federal procurement contracts/subcontracts and/or C'-' federal financial assistance awards or subawards r subject to the Transparency Act. b. 80%or more of its annual gross revenues from federal procurement contracts/subcontracts and/or federal financial assistance awards or subawards F _ subject to the Transparency Act. c. The public does not have access to information about — — — .I the compensation of its five most highly compensated FExecutives through periodic reports tiled through the Securities Exchange Act of 1934 or the IRS.An answer to question 7 is required ONLY when all answers to questions 6 are true. —{ 7. Names and total compensation of the five(5)most highly compensated Executives for the preceding fiscal year. Name(Print) Compensation Amount Certification: By signing below, I certify the information contained in this report is complete and accurate to the best of my knowledge. M i 14. Fr.Lxn+tan Ott4Ay __._ __.. -..an ,_:_l- _ _41-i3- 2-01(0 Name&Title of Authorizing Official Signature Date Page 5 01.5-Exhibit C---Supplemental Provisions for FFATA /to — / 754.5) N 0 L cj Y r —di ....... O 0 0 0 N O Vt O N O O _.... NC C 1O `.0 NO T V M 0 N N ^ V o C C r 0 b0 N C `J M o N ni ca v a ccl La C W O o N N Lin C T M m N C a -, m _._... O O O O o O O O O O o .O 0 T N 0 V O Z. NT Co m 0 N 0 '10 Ui C N '. o K O N .O M P. N -+ N M T W O C .0 N C C T N m N a M1 Zp co 0 0 0 0 0 0 0 0 0 _. OM ON N 0 Q N O m 0 N. Co C T 0, M T an M1 9 05 N N a' N N -, o V TN N C O m- ill W N T O` N m m N N a to 2 0 0 o N o N o a o _..... Co O N 0 o t0 N N V T •- m 1- O N -, V co LO N 0 o nr m l0 E Z C N7 r` .o r a 0 nN m N J ai o N 0 V V M M M N Al w a 2 in O z 0 O O N o in o N 0 0 ..... o0 p T 0 N N N o N .. 0 -. 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N N 9 n LO T N O C 08 O m C N m C N 'O tO 0 N N o E cc m 0, N N o at o r, 1n O O 0 N .. ., .., .. ,., W v ra = 0 e 'o m 2 N N 9 N r Q N O T O 0 0 CZ 0 N Al .r O 01 9 N 71 N o ` Q a :z... m m m N M N N 0 N0 .r o O O E O 0o O C N 0O C N U a' o N N T 0. o h .O .p C Co Co C Z N U LIJ .. .-e -n m o o V m, o N Y • Ce r N ^0 C in .p 10 r r m p ❑ .y ti E m X a N T 9 O N M N N O•. dP C LO N N O C C N '.0 :n in K N wr 'S N N LU 'ft N ^S M ❑ r. o m N O Q O Om 'NO C 0 .O N 0 V V 0 T 0 9 9 9 9 -013 0 ,30 -0 03! 333j33333 z w. l Exhibit E - Form of Option Letter• Date: I Original Grant CMS#: ! Option Letter# I CMS Routing# I) OPTIONS: Option to issue a new Budget(Section 4.2 of Attachment A-l(a)) fora minor Subproject Budget Line Item Adjustment(pursuant to Section 7(C)of the original Grant Agreement and as defined in Section 4.3.2 of Attachment A-1(a)). 2) REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below: For use with Option I: In accordance with Section 7(C)of the original Grant Agreement between the State of Colorado,acting by and through the Colorado Department of Local Affairs,and Contractor's Name("Grantee"),the State hereby approves the minor Subproject Budget Line Item Adjustment listed on the attached revised Budget for Section 4.2 of Attachment A-1(a).Section 4.2 of Attachment A-1(a)to the original Grant Agreement is hereby deleted and replaced with the attached Section 4.2 of Attachment A-l(a). All references to Section 4.2 of Attachment A-1(a)to the original Grant Agreement shall refer to the attached Budget. This minor Budget Line Item Adjustment shall not increase the total Grant Funds nor the total amount of the Budget. 3) Effective Date.The effective date of this Option Letter is upon approval of the State Controller or Insert start date, whichever is later. STATE OF COLORADO John W. 1-lickenlooper,GOVERNOR Colorado Department of Local Affairs By: Insert Name&Title of Person Signing for Agency or 1HE Date: ALL CONTRACTS REQUIRE APPROVAL RV TLIE STATE CONTROLLER CRS§24-30-202 requires the State Controller to apprm c all State contracts.This Option Letter is not valid until signed and dated below by the Stale Controller or delegate.Grantee is nut authorized to begin performance until such time.JIG'rantee begins performing prior thereto,the Slate of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros,CPA,MBA,JO By: Controller Delegate.Colorado Department of Local Affairs Date: - Page 1 of I — Form ol'Option Letter EXHIBIT F PROCEDURE TO PREVENT DUPLICATION OF BENEFITS For activities carried out by subrecipients, the designated administrator of the activity will be contractually required to complete this procedure and submit documentation for review before the responsible State agency will release payment. PROCEDURE a Prior to assistance i. Identify total need 1. Determine the specific purpose for the CDBG-DR request 2. Total need will be determined by project type (e.g. homeowner rehabilitation cost estimate, infrastructure reconstruction cost estimate). The total need must be documented. 3. All costs included in total need must be reasonable and necessary. ii. Identify all other potentially duplicative sources of funding received and reasonably anticipated 1. For individuals as well as entities, the application for assistance will require documentation for all sources of funding received or reasonably anticipated, and certification that all assistance is reported. 2. 3rd party verify when possible (FEMA, SBA) iii. Determine which funding sources to include in and exclude from unmet need calculation (based upon guidance in Fed. Reg. 71,060-71,066 (November 16, 2011)) and deduct assistance determined to be duplicative iv. Apply program cap, if applicable v. Arrive at maximum award vi. Execute grant/loan agreement with recipient, including provision that all additional funds received will be reported to the State or subrecipient program administrator within 15 calendar days. If the additional funds are determined to be duplicative, the award will be reduced and/or the recipient will be required to repay any disbursed duplicative benefit. b. Upon completion of activity for which funds were awarded i. Require recipient to report and certify whether additional funds were received for disaster-related expenses, the amount, and when funds were received. If additional funds were received that are determined to be duplicative, require repayment. c. One year after completion of activity for which funds were awarded i, Require recipient to report and certify whether additional funds were received for disaster-related expenses, the amount, and when funds were received. If additional funds were received that are determined to be duplicative, require repayment. Exhibit I —Procedures to I're4enI Duplication olRcnclits-fare I or.1 Pages RESPONSIBLE PERSONNEL a. The Department of Local Affairs, Executive Director's Office i. CDBG DR Program Manager—overall program management ii. Accounting and Financial Services —fiscal control iii. Communications b. Housing i. Department of Local Affairs, Division of Housing 1. Activities carried out through subgrantees A. Housing development specialists— initial calculation B. Contract managers—follow-up 2. Activities carried out through subrecipients A. Subrecipient program administrator— initial calculation and follow- up B. Contract managers— review subrecipient-submitted calculations and documentation and monitor for compliance The applicant, Weld County, certifies acceptance of responsibility to adhere to the Procedure for the Prevention of Duplication of Benefits, and assumes responsibility for adherence by any and all subcontractors or sub-subrecipients to the program. Signature, Chief Elected Official/Executive Director/President Date I xhihit I --Procedures to Pro e,t Duplication of 13cnclih- Page 2 oft Pages • FORM 1 RESIDENCY DECLARATION 2 In order to be eligible to receive the assistance you seek, you, as an applicant must be lawfully within the United States. Please read this Declaration carefully. Please feel free to consult with an immigration lawyer or other expert of your choosing. 1,_ , swear or affirm under penalty of perjury that(check one): LI I am a United States citizen, or ❑ I am a non-citizen national of the United States, or I have an immigration status that makes me a "qualified alien." I hereby agree to provide any documentation which may be required pursuant to Federal law, Interim Guidelines published by the United States Department of Justice (62 FR 61344) or, if applicable. Colorado laws and regulations, if the Colorado laws are not inconsistent with Federal law. I acknowledge that making a false, fictitious, or fraudulent statement or representation in this Declaration is punishable under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statues §18-8-503 and shall constitute a separate criminal offense each time a public benefit is fraudulentlyrecei.ved. Name (please print) • Signature Date Form I —Residency Declaration Attachment A-1 (a) Subproject Name: Weld County Subproject No. : 16-047 SUBPROJECT SCOPE OF WORK/BUDGET 1. DESCRIPTION OF THE SUBPROJECT 1.1 Subproject Description. Weld County will receive a CDBG-DR grant to fund the home repair program serving residents impacted by the September 2013 flood. This Program will be administered by the Weld County Housing Authority, in partnership with Greeley Urban Renewal Authority, a 15 year partner in the Weld County single family owner occupied rehabilitation program. The Housing Repair Program will receive a grant to assist with the repair, rehabilitation and replacement of approximately six(6)Weld County homes.The Program will provide deferred loans and/or grants to households earning up to 80% of Area Median Income (AMI). Up to 25% of the households they serve may be over that income limit. In addition to repair,rehabilitation and replacement,the Funds will cover program overhead costs, including staff salary, equipment, materials, rent, utilities, and Project delivery functions,which are limited to costs allowed under HCDA 105(a)(4). 1.2 Eligibility. The Subproject activities are eligible for CDBG-DR assistance pursuant to the Action Plan Housing Repairs,42 USC §5305(a)(4). 1.3 Responsibilities.For this Subproject,Grantee shall enter into a subcontract with the Subgrantee, Weld County Housing Authority,which shall manage the completed Subproject and carry out the proposed Subproject activities("Subcontract").This Subcontract shall contain a provision preventing transfer,assignment,or further subcontracting of this Subcontract without prior written approval of DOLA. 1.4 Program Income.This Subproject: ®shall ['shall not generate Program Income. 1.5 Term-Work Commencement.The Parties' respective performances for this Subproject shall commence on September 11,2013 and terminate on October 31,2016 unless sooner terminated or further extended as specified elsewhere herein. 2. DEFINITIONS 2.1 Advance Payment. "Advance Payment'means the use of Grant Funds to pay for Work that has been completed and invoiced to DOLA for such Work,but Grantee has not paid such invoices. 2.2 Beneficiaries. "Beneficiaries" for this Subproject are: ® The persons and/or households who are the end users that benefit from this Subproject which is funded with Grant Funds. ❑ The area that benefits from this Subproject which is funded with Grant Funds. 2.3 Business Day. "Business Day" means a day during which the State is open for business. excluding weekends and legal public holidays. 2.4 Cumulative Basis. "Cumulative Basis" means a cumulative or increasing accumulation of additional expenses within a specific Subproject Budget Line Item starting with the initial amount approved in §4.2,Project Budget as of the term commencement date for this Subproject.Such starting point will reset with an amendment to this Grant approved by the DOLA Controller changing the Subproject Budget Line Item amount. 2.5 Eligible Expenses."Eligible Expenses"are the costs of performing approved and eligible Subproject activities pursuant to this Subproject Scope of Work/Budget.Such Eligible Expenses are specified in the Action Plan and must comply with all CDBG-DR Page 1 —Subproject Scope of Work Attachment A-I (a) Subproject Name: Weld County Subproject No. :#16-047 2.6 Low-and Moderate-Income Persons. "Low-and Moderate-Income Persons" for this Subproject are: ® Those persons who are members of families whose incomes are at or below 80%of area median income as set forth in Exhibit D, as may be amended by HUD and which shall be posted by HUD on its website,or ❑ Those persons who reside in areas that have been determined by HUD. based upon the 2000 Census data.to be at or below 80%of area median income areas,as further specified in the National Objective in§3.2 below, or ❑ Those persons belonging to clientele groups(as such term is defined by HUD)who are presumed by HUD to be at or below 80%of area median income, as further specified in the National Objective in§3.2 below, or ❑ Those persons who are members of families whose incomes are at or below 80%of area median income as determined by utilizing an income survey methodology approved by HUD. 2.7 Lump Sum Budgeting. "Lump Sum Budgeting" means a very general, non specific budget for a multi-component project that leaves all discretion with the recipient of the grant for use of grant funds. For purposes of this definition,"component" means a distinct period or stage in a sequence of events to complete a project. For example.a multi- component construction project not using Lump Sum Budgeting may include separate line items for Real Property Acquisition. Design, Utilities, and Construction. A multi- component construction project using Lump Sum Budgeting may only include a line item for Construction. Lump Sum Budgeting is not permitted under this Grant. 2.8 Subproject Budget Line Item. "Subproject Budget Line Item" means each line for Subproject activities specified and approved in the Subproject Budget in §4.2 of this Subproject Scope of Work/Budget. 3. DELIVERABLES 3.1 Outcome. The final outcome of this Subproject is to provide Home Repairs to households that were directly impacted by the September 2013 flood in accordance with Grantee's CDBG-DR grant application and the specific Subproject activities as described herein. 3.2 National Objective. As determined by the State,Grantee shall present documentation to demonstrate compliance by the Subproject with the National Objective identified below ® Housing Repair: This Subproject meets the national objective of benefit to Low-and Moderate-Income Persons as required in 24 CFR §570.483(b)(3). 3.3 Project Performance Plan. The Parties shall comply with the milestones, performance goals and timelines in the Subproject Project Performance Plan. 3.4 Residency Declaration. This Subproject: ®shall ❑ shall not require Beneficiaries to execute a Residency Declaration(Form I).This requirement shall not apply when the owner of the Subject Property is a charitable non-profit pursuant to 8 USC §1642(d). 4. FUNDING The State provided funds shall be limited to the amount specified under the"CDBG-DR"column of §4.2. Subproject Budget. below. 4.1 Other Funds.Grantee shall provide the required Other Funds as listed in the"Other Funds"column of§4.2 below during the term of this Subproject. Page 2—Subproject Scope or Work Attachment B-I (a) Subproject Name: Weld County Subproject No. : 16-047 6.4.3 Completion Monitoring. Upon completion of the activity for which the Beneficiary received CDBG-DR funds,Grantee must require the Beneficiary to report and certify whether additional funds were received for disaster related expenses,the amount, and date of receipt. Ifadditional funds were received that are determined to be duplicative,the Beneficiary must repay the duplicative amount to Grantee. 6.4.4 On-going Monitoring. One year after completion of the activity for which the Beneficiary received CDBG-DR funds,and until three years after completion of the activity for which the Beneficiary received CDBG-DR funds, Grantee must require the Beneficiary to report and certify whether additional funds were received for disaster related expenses,the source, the amount,and date of receipt. If additional funds were received that are determined to be duplicative, the Beneficiary must repay the duplicative amount to Grantee. 6.4.5 Repayment from Grantee. If Grantee or DOLA determine that duplication of benefits occurred and Grantee is unable to recover funds from the Beneficiary,Grantee will be required to repay the duplicative amount to DOLA from non-federal funds. 6.5 Bonds. If Subproject includes construction or facility improvements,Grantee, Subgrantee and/or their subcontractors performing such Work shall secure the bonds hereunder from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR Part 223 and are authorized to do business in Colorado. 6.5.1 Bid Bond. A bid guarantee from each bidder of Work equivalent to five (5)percent of the bid price. The"bid guarantee"shall consist of a firm commitment such as a bid bond,certified check,or other negotiable instrument accompanying a bid as assurance that the bidder shall, upon acceptance of his bid,execute such contractual documents as may be required within the time specified. 6.5.2 Performance Bond. A performance bond on the part of the Grantee. Subgrantee or their subcontractor for 100 percent of the awarded contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the Grantee, Subgrantee or their subcontractor's obligations under such contract. 6.5.3 Payment Bond. A payment bond on the part of the Grantee, Subgrantee or their subcontractor for 100 percent of the awarded contract price.A "payment bond" is one executed in connection with a contract to assure payment as required by statute of all persons supplying labor and material in the execution of the work provided for in the contract. 6.5.4 Substitution. The bonding requirements in this§6.5 may be waived in lieu of an irrevocable letter of credit if the price of the awarded contract is less than $50,000. 6.6 Affirmative Marketing Plan. If five(5)or more housing units are funded in the Subproject,Grantee shall provide an Affirmative Marketing Plan for the Subproject in accordance with this Grant.The release of funds under this Grant shall be contingent upon the approval of such plan by the State. Page 8--Subproject Scope of Vt ork Attachment B-I (a) Subproject Name: Weld County Subproject No. : 16-047 6.7 Change of Use. 6.7.1 During a period of five(5)years following the date of closeout for the Subproject specified in writing by the State to Grantee("Closeout Date"),Grantee may not change the use or planned use of the Subject Property and/or Personal Property acquired or improved unless: t)the State determines the new use meets one of the National Objectives of the CDBG-DR program, and 2)the Grantee provides affected citizens with reasonable notice and an opportunity to comment on any proposed changes. 6.7.2 if Grantee decides,after consultation with affected citizens that it is appropriate to change the use of the Subject Property and/or Personal Property to a use which the State determines does not qualify in meeting a National Objective, Grantee shall reimburse to the State an amount equal to the current fair market value of the Subject Property and/or Personal Property, less any portion of the value attributable to expenditures of non-CDBG-DR funds for acquisition of and improvements to, the Subject Property and/or Personal Property. 6.7.3 After the five(5)year period following the Closeout Date, no State restrictions on use of the Subject Property and/or Personal Property shall be in effect. 6.8 Davis-Bacon Act. This section: ❑shall ®shall not apply to this Subproject. IF SUBCONTRACT IS FOR HOUSING CONSTRUCTION: ff eight(8)or more housing units in this Subproject are funded by CDBG-DR funds,Grantee and its Subcontractors shall comply with all the requirements set forth in 24 CFR §570.603 (Davis-Bacon Act). if applicable. the lead agency responsible for compliance shall be designated in the PPP. 6.9 Section 3 of the HUD Act of 1968 and 24 CFR Part 135. To the greatest extent feasible, the Grantee and Subgrantee(if applicable)will provide opportunities for training and employment that arise from this HUD-financed project,and will give preference in hiring to persons whose income is equal to or less than 80%of Area Median Income(ANTI). and will give preference in contracting to businesses owned in substantial part by persons,or that substantially employ persons, whose income is equal to or less than 80%of AMl in the Subproject area. in addition,Grantee shall, to the maximum extent feasible, provide for the hiring of employees who reside in the vicinity,as such term is defined below herein,or contract with small businesses that are owned and operated by persons residing in the vicinity of such projects. Note:This local hiring requirement does not replace the responsibilities of Grantee under Section 3 of the Housing and Urban Development Act of 1968(12 U.S.C. I701u).and implementing regulations at 24 CFR part 135, except to the extent the obligations may be in direct conflict. For the purposes of this Grant, "vicinity" is defined as each neighborhood identified by the Grantee and approved by the State as being the areas of greatest need. "Small business"means a business that meets the criteria set forth in §3(a)of the Small Business Act. Nothing in this section shall be construed to require the employment of a person or contracting with a business that does not meet the qualifications for the job. Page 9—Subproject Scope of Work Attachment A-I (a) Subproject Name: Weld County Subproject No. : #16-047 4.2 Subproject Budget. Subproject Activities Total Cost CDBG-DR Other Funds Other Fund ! Funds Source Housing Repair/Rehabilitation/ $267,500.00 $267,500.00 $0.00 Replacement Subproject Delivery Cost $12,000.00 $12,000.00 $0.00 Program Overhead Costs $6,987.00 $6.987.00 $0.00 Total $286,487.00 $286,487.00 $0.00 If administrative expenses are included as Eligible Expenses, there must be a separate Subproject Budget Line Item for such expenses. Lump Sum Budgeting is not acceptable. 4.3 Subproject Budget Line Item Adjustments. Subproject Budget Line Item adjustments pursuant to this Section shall not change the total awarded or contracted amount of the Grant Funds for a Subproject. Increases to Grant Funds for a Subproject require an amendment. Calculations in §§4.3.I and 4.3.2 must be made on a Cumulative Basis. 4.3.1 Grantee shall have authority to adjust individual Subproject Budget Line Items without approval of the State up to an aggregate of 10% of such Subproject Budget Line Item from which the funds are moved. Such authority shall not allow Grantee to transfer to or between administration budget lines and/or between Subprojects (E.g. development fees, overhead and project delivery). Grantee shall send written notification of allowed adjustments to the State within 30 days of such adjustment. 4.3.2 All changes to individual Subproject Budget Line Items which are in excess of 10% but less than 24.99% of such Subproject Budget Line Item from which the funds are moved shall require prior written approval of the DOLA Controller. Grantee shall submit a written request for changes pursuant to this Section to the State. Such request shall include the amount of such request, the reason for the request and any necessary documentation. If the State approves such request, the State shall unilaterally execute an Option Letter accepting such request pursuant to §7(C)of the Grant Agreement. Grantee is not authorized to perform until Grantee receives an executed Option Letter accepting such change. 4.3.3 All changes to individual Subproject Budget Line Items which are in excess of 24.99% of such Subproject Budget Line Item from which the funds are moved shall require a prior written amendment executed by the Grantee and DOLA pursuant to §21(J) of the Grant Agreement. Grantee shall submit a written request for changes pursuant to this Section to the State. Such request shall include the amount of such request. the reason for the request and any necessary documentation. Grantee is not authorized to perform until a bi-lateral amendment is fully executed by the DOLA Controller accepting such change. 4.3.4 Signature Authority. All Grantee notices and requests submitted to DOLA pursuant to this §43 (each a "Line Item Proposal"), must be signed and dated by a person authorized to bind the Grantee to such Line Item Proposal. 5. PAYMENT Payments shall be made in accordance with this section and the provisions set forth in §4 oI'Exhibit B and §7 of the Grant Agreement. Page 3—Suhproject Scope u i V.ork Attachment A-I (a) Subproject Name: Weld County Subproject No. : 16-047 5.1 Liability for Costs.The State shall not be liable to pay or reimburse Grantee for any performance under this Subproject, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to: ❑ The Effective Date. ® The Effective Date: provided, however, that all Project costs, ifspecifically authorized by the federal funding authority, incurred on or after September I I, 2013, may be submitted for reimbursement as if incurred after the Effective Date. ❑ insert date for authorized Pre-agreement Costs. Such costs may be submitted for reimbursement as if incurred after the Effective Date. 5.2 Subproject Payment Schedule. State shall make payments to Grantee as follows: ® State shall make payment to Grantee pursuant to accepted Pay Requests until 95%of Grant Funds have been disbursed, which final 5% shall be disbursed in accordance with §5.5. 5.3 Advance Payments. This subsection: is is not applicable. DOLA Controller has previously approved in writing Advance Payments up to$10,000 for this Subproject. If Work is subcontracted or subgranted, such Subcontractors and/or Subgrantees are not previously paid, Grantee shall disburse Grant Funds received from the State to such Subcontractor or Subgrantee within three Business Days of receipt. Grantee shall provide DOLA with proof of payment within three Business Days of such payment. Excess funds shall be returned to DOLA. To maximize the use of Grant Funds, the State shall evaluate Grantee's expenditure of the Grant Funds for timeliness and compliance with the terms of this Grant and Subproject Scope of Work/Budget. DOLA reserves the right to recapture advanced Grant Funds when Grantee has not or is not complying with the terms of this Grant and/or the Subproject Scope of Work/Budget. 5.4 Milestones. Subprmject Activity Amount Milestone Housing Repairs/ Rehabilitation/Replacement. $107.d33.00 2 `grants/loans 03/31/16 Project delivery Costs/Program overhead costs closed Housing Repairs, Rehabilitation/Replacement, $71 621.00 I grant/loan 06/30/16 Project Delivery Cost/Program overhead costs closed Housing Repairs/Rehabilitation/Replacement. $107,x33.00 3 grants/loans 09/30/16 Project Delivery Costs/Program overhead costs closed Total $286,487.00 6 IfTarget Date for such Milestone is not met, State has the authority to use any remedies stated in the Grant, including, but not limited to. those specified in §15(C) of the Grant Agreement which allow the State, at its sole discretion, to provide technical assistance and/or termination of the overall Project and/or a Subproject. 5.5 Monthly Pay Requests. Beginning 30 days after the end of the first month following commencement of Work under this Subproject and for each month thereafter until termination of this Subproject. Grantee shall submit Pay Requests using a form provided by the State.The State shall pay the Grantee for actual expenditures made in the performance of this Subproject based on the submission of Pay Requests. The Grantee shall submit Pay Requests setting forth a detailed description and provide documentation Page J—Subproject Scope of 1k ork Attachment A-I (a) Subproject Name: Weld County Subproject No. :#16-047 (including contractor invoices, home repair scope of work,homeowner notice to proceed, and other documentation at DOLA request that demonstrates eligible use of funds)of the amounts and types of reimbursable expenses. For months in which there are no expenditures to reimburse,Grantee shall indicate zero(0)in the request. The Pay Request shall contain actual expenditures of Grant Funds incurred in the period by Subproject Budget Line Item pursuant to§4.2 of this Subproject Scope of Work/Budget as well as a projection of all Subproject Work expected to be accomplished in the following month, including an estimate of Grant Funds to be expended. This report is due within 10 days of the end of the reporting month or more frequently at the discretion of the Grantee. See Subproject Project Performance Plan for specific submittal dates. 5.6 Final Payment/Substantial Completion. Final payment for this Subproject shall not be released by DOLA until Grantee has submitted a final Pay Request and achieved substantial completion, which includes completion of the Subproject Work;completion. submission,and DOLA acceptance of all interim reports; completion of on-site Subproject monitoring by DOLA, including approval of all corrective action taken on any identified findings or concerns; and submission by Grantee and acceptance by DOLA of the Subproject Completion Report(collectively, "Substantial Completion"). For the purposes of this Subproject, "completion of the Subproject Work"means the following: For Housing Repair programs: Final loan or grant closing, inspection and approval of completed home repairs on final home repair project completed under this Subproject. 5.7 Eligible Expenses. Pay Requests shall include only Eligible Expenses. In addition. Eligible Expenses are subject to the following requirements: 5.7.1 CDBG-DR Administrative Cap. Grantee shall ensure that Eligible Expenses for administrative expenses do not exceed 2.5% of the total Subproject Grant Funds expended. Compliance shall be calculated every quarter during the Subproject term. If at the time of the intermittent calculation, the administrative funds drawn exceed the percentage specified herein, State shall withhold payment of such expenses until sufficient Subproject Grant Funds are expended so that the percentage cap is not exceeded. If at the end of the Subproject term the administrative funds drawn exceed the percentage specified herein, Grantee shall repay the excess amount to the State. 5.8 Cost Savings. This subsection: Qis ►ZI is not applicable. Cost Savings derived while completing the Subproject shall be(choose one): O split on a pro-rata basis between the State and Grantee Q returned to the State 6. ADMINISTRATIVE REQUIREMENTS 6.1 Personnel. 6.1.1 Responsible Administrator.Grantee's performance hereunder shall be under the direct supervision of Tom Teixeira,an employee who is hereby designated as the responsible administrator of this Subproject.. 6.1.2 Replacement. Grantee shall immediately notify DOLA if any key personnel cease to serve. Provided there is a good-faith reason for the change, if Grantee wishes to replace its key personnel, it shall notify DOLA and seek its approval, which shall be at DOLA's sole discretion,as DOLA issued this Grant in part in reliance on Grantee's representations regarding Key Personnel. Such notice shall specify why the change is necessary,who the proposed replacement is, what his/her qualifications are,and when the change will take effect. Anytime key personnel cease Nee 5—Subproject Scope of Work Attachment A-I (a) Subproject Name: Weld County Subproject No. :4I6-047 to serve, DOLA, in its sole discretion, may direct Grantee to suspend work on the Subproject until such time as replacements are approved. All notices sent under this subsection shall be sent in accordance with §16 of the Grant Agreement. 6.2 Reporting.Grantee shall submit the following reports to DOLA using the state-provided forms. DOLA may withhold payment(s)or take additional action described in §15 of the Grant Agreement, if such reports are not submitted timely. When there is a conflict between the reporting requirement in this section and the CDBG Guidebook,the stricter requirement shall prevail. 6.2.1 Pay Requests. Pay Requests are due in accordance with§5.5 of this Subproject Scope of Work/Budget. 6.2.2 Financial Status Report.This report is due within 10 calendar days of the end of each month until the Subproject has been closed out with the State. 6.2.3 Performance Reports.The Project Performance Plan report for the Subproject shall be submitted within 10 calendar days of the end of each month until the Subproject has been closed out with the State. 6.2.4 Summary Beneficiary Report. The Monthly Summary Beneficiary Report for the Subproject shall be submitted within 10 calendar days of the end of each month. 6.2.5 Subproject Completion Report. Within 90 days of the earlier of termination or completion of the Subproject, the Grantee shall submit one copy of the Subproject Completion Report,and two copies of the final Financial Status Report. The Subproject Completion Report shall include a final Summary Beneficiary Report. 6.3 Inspections. 6.3.1 Grantee. Prior to submitting a request for payment,Grantee must inspect as described below in §§6.3.1.1 through 6.3.1.6 and certify that it meets the requirements and standards of the Notices and the Action Plan. Grantee's payment request to DOLA must include documentation of the inspection and approval. 6.3.1.1 For rehabilitation projects,Grantee shall inspect the rehabilitation work for compliance with the requirements specified in this Subproject Scope of Work/Budget(if specified). 6.3.1.2 If a home is to be acquired,Grantee shall inspect the home to ensure that it meets HUD housing quality standards found at 24 CFR Part 982.401. 6.3.1.3 liGrant Funds are used for rental assistance,Grantee shall inspect the rental premises to ensure that it meets HUD housing quality standards found at 24 CFR Part 982.401. 6.3.1.4 If Grant Funds are used to repair or reconstruct private roads and bridges.Grantee shall inspect work for compliance with the requirements specified in the Overall Statement of Project and this Subproject Scope of Work/Budget. 6.3.1.5 If Grant Funds are used for clearance and demolition.Grantee shall inspect the Subject Property for progress that is consistent with the Subcontractor invoice. Page 6-Suhproject Scope of Work Attachment A-I (a) Subproject Name: Weld County Subproject No. : #16-0z17 6.3.1.6 If Grant Funds are used for single-or multi-family housing construction.Grantee shall inspect work for construction progress that is consistent with the Application and Certificate for Payment and Continuation Sheet(AIA Document G702 and G703 or equivalent)submitted by the Subcontractor,and compliance with the construction standards specified in the Action Plan and/or Subproject Scope of Work/Budget and scope of work in the agreement between the contractor and Grantee. 6.3.2 DOLA. 6.3.2.1 At its sole discretion. DOLA, or its authorized agent, may perform an inspection of the Work and/or Subject Property,as applicable, prior to release of requested payment. 6.3.2.2 Prior to Substantial Completion of the Subproject, DOLA or its authorized agent shall perform an inspection of the Subproject Work and/or Subject Property, and shall have access to all Grantee financial,administrative,and Beneficiary records related to the Subproject Scope of Work/Budget. Release of final payment shall be subject to acceptable completion of this monitoring, pursuant to §5.6, above. 6.4 Prevention of Duplication of Benefits. The CDBG-DR appropriation(Pub. L. 113-2) and the Stafford Act require that Beneficiaries of federal disaster assistance do not receive a duplication of benefits of resources available to them between federal, state, local, and certain private sources. 6.4.1 Determine Maximum Eligible Benefit. Prior to providing assistance to any Beneficiary, Grantee must follow DOLA's Procedure to Prevent Duplication of Benefits(Exhibit F) to determine the Beneficiary's unmet need, which is the maximum CDBG-DR benefit for which the Beneficiary is eligible. 6.4.2 Execute Agreement with Beneficiary. Prior to providing assistance to any Beneficiary,Grantee must execute a legally binding written agreement with the Beneficiary that includes the provision that the source and amount of any and all additional funds received for costs associated with the disaster will be reported to the Grantee within 15 calendar days of receipt. The agreement must also include that if the additional funds are determined to be duplicative, the award will be reduced and/or the Beneficiary will be required to repay any disbursed duplicative amount. 6.4.3 Completion Monitoring. Upon completion of the activity for which the Beneficiary received CDBG-DR funds,Grantee must require the Beneficiary to report and certify whether additional funds were received for disaster related expenses,the amount, and date of receipt. If additional funds were received that are determined to be duplicative, the Beneficiary must repay the duplicative amount to Grantee. 6.4.4 On-going Monitoring. One year after completion of the activity for which the Beneficiary received CDBG-DR funds,and until three years after completion of the activity for which the Beneficiary received CDBG-DR funds, Grantee must require the Beneficiary to report and certify whether additional funds were received for disaster related expenses. the source, the amount, and date of receipt. If additional funds were received that are determined to be duplicative, the Beneficiary must repay the duplicative amount to Grantee. f'ugc 7--Subproject Scope of Work Attachment A-I (a) Subproject Name: Weld County Subproject No. : 16-047 6.4.5 Repayment from Grantee. If Grantee or DOLA determine that duplication of benefits occurred and Grantee is unable to recover funds from the Beneficiary,Grantee will be required to repay the duplicative amount to DOLA from non-federal funds. 6.5 Bonds. If Subproject includes construction or facility improvements,Grantee, Subgrantee and/or their subcontractors performing such Work shall secure the bonds hereunder from companies holding certificates of authority as acceptable sureties pursuant to 3 I CFR Part 223 and are authorized to do business in Colorado. 6.5.1 Bid Bond. A bid guarantee from each bidder of Work equivalent to five (5)percent of the bid price. The"bid guarantee"shall consist of a firm commitment such as a bid bond,certified check,or other negotiable instrument accompanying a bid as assurance that the bidder shall, upon acceptance of his bid,execute such contractual documents as may be required within the time specified. 6.5.2 Performance Bond. A performance bond on the part of the Grantee, Subgrantee or their subcontractor for 100 percent of the awarded contract price. A "performance bond"is one executed in connection with a contract to secure fulfillment of all the Grantee, Subgrantee or their subcontractor's obligations under such contract. 6.5.3 Payment Bond. A payment bond on the part of the Grantee, Subgrantee or their subcontractor for 100 percent of the awarded contract price. A "payment bond"is one executed in connection with a contract to assure payment as required by statute of all persons supplying labor and material in the execution of the work provided for in the contract. 6.5.4 Substitution.The bonding requirements in this§6.5 may be waived in lieu of an irrevocable letter of credit if the price of the awarded contract is less than $50,000. 6.6 Affirmative Marketing Plan. If five(5)or more housing units are funded in the Subproject,Grantee shall provide an Affirmative Marketing Plan for the Subproject in accordance with this Grant.The release of funds under this Grant shall be contingent upon the approval of such plan by the State. 6.7 Change of Use. 6.7.1 During a period of five(5)years following the date of closeout for the Subproject specified in writing by the State to Grantee("Closeout Date"),Grantee may not change the use or planned use of the Subject Property and/or Personal Property acquired or improved unless: I)the State determines the new use meets one of the National Objectives of the CDBG-DR program,and 2)the Grantee provides affected citizens with reasonable notice and an opportunity to comment on any proposed changes. 6.7.2 If Grantee decides,after consultation with affected citizens that it is appropriate to change the use of the Subject Property and/or Personal Property to a use which the State determines does not qualify in meeting a National Objective,Grantee shall reimburse to the State an amount equal to the current fair market value of the Subject Property and/or Personal Property. less any portion of the value attributable to expenditures of non-CDBG-DR funds for acquisition of and improvements to.the Subject Property and/or Personal Property. Page 8--Suhprgjeci Scope or Work Attachment A-I (a) Subproject Name: Weld County Subproject No. : 16-047 6.7.3 A tier the five(5)year period following the Closeout Date, no State restrictions on use of the Subject Property and/or Personal Property shall be in effect. 6.8 Davis-Bacon Act. This section: ['shall ® shall not apply to this Subproject. If eight(8)or more housing units in this Subproject are funded by CDBG-DR funds, Grantee and its Subcontractors shall comply with all the requirements set forth in 24 CFR §570.603 (Davis-Bacon Act). If applicable, the lead agency responsible for compliance shall be designated in the PPP. Davis Bacon only applies when eight(8)or more single- family owner-occupied housing units to be constructed on contiguous lots are bid out at the same time and the bid is awarded to the same contractor. 6.9 Section 3 of the HUD Act of 1968 and 24 CFR Part 135. To the greatest extent feasible,the Grantee and Subgrantee(if applicable) will provide opportunities for training and employment that arise from this HUD-financed project.and will give preference in hiring to persons whose income is equal to or less than 80%of Area Median Income(AMl),and will give preference in contracting to businesses owned in substantial part by persons,or that substantially employ persons, whose income is equal to or less than 80%of AM1 in the Subproject area. In addition,Grantee shall,to the maximum extent feasible, provide for the hiring of employees who reside in the vicinity, as such term is defined below herein,or contract with small businesses that are owned and operated by persons residing in the vicinity of such projects. Note:This local hiring requirement does not replace the responsibilities of Grantee under Section 3 of the Housing and Urban Development Act of 1968(12 U.S.C. 1701u).and implementing regulations at 24 CFR part 135,except to the extent the obligations may be in direct conflict. For the purposes of this Grant. "vicinity" is defined as each neighborhood identified by the Grantee and approved by the State as being the areas of greatest need. "Small business"means a business that meets the criteria set forth in §3(a)of the Small Business Act. Nothing in this section shall be construed to require the employment of a person or contracting with a business that does not meet the qualifications for the job. 6.10 Minority and Women Business Enterprises(24 CFR 570.506(g)(6)).To the greatest extent feasible.the Grantee and Subgrantee(if applicable) will take affirmative steps to assure that minority business and women's business enterprises have an equal opportunity to obtain or compete for subcontracts to be paid with CDBG-DR funds. 6.11 Uniform Relocation Act(URA). Grantee and Subgrantee are required to follow a URA Residential Anti-displacement and Relocation Assistance Plan when designing their programs in that obligations related to voluntary and involuntary property acquisition activities for vacant and abandoned property apply.Grantee shall follow the alternative relocation requirements associated with these Grant Funds, which are specified in the March Notice. 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CD c 3 % 2 k / ® CO CD 2 @ § co o a k " 2 - C\I ~ = 13 a. � a e . / % / < / k -1 J / O o w < o a a) • • m o' . - o Q m ;-.2 _ 09 -- < Q "a oD Oe c_c G Q 0 Q 7 _c F O _Q O r J L O Q ca �, 4Q o a ca o oa c l O OI • L L a m a i C W m m O .... rCa U p # a `m w o C CU ce E = w E 3 @ o o `m CU E a V) Ea o > N E •_. 2 E .13 'c m a, L ` ro U -J a, H • 5 i- CB n n Q a) Z • a) N a L a) U >0 m ',- is n �a O Z U Z Z Z ca c a c Q c C CO CO C Cu m v o N c u, o � m Q O Q E Q 0 c Q 0 O 0 p 0] - al m ¢ m m m _ m m Q Q _ C o C f° C Z ¢ C C a o U U ra < O U Q c a x c • I U aJ y y c s Y ICO 0 Ea a) fa L l .j C0m m < < Z < < CII < Ed 5 When Recorded Return To: COLORADO DIVISION OF HOUSING AT TEN FINS: t nu Dohrinic• 1313.SIIERMAN SPREE...ROOM 500 DENVER.CO 80203 Attachment B-1 (C) COLORADO DEPARTMENT OF LOCAL AFFAIRS DECLARATION OF DEED RESTRICTION AND COVENANT THIS DECLARATION OF DEED RESTRICTION AND COVENANT is made this_ day of .-, 20_._, by ...w ("Homeowner"), the fee simple owner of certain property further described herein. RECITALS: WHEREAS, Homeowner is the beneficiary of expenditure of federal funds pursuant to the Community Development Block Grant — Disaster Recovery ("CDBG-DR") Program, which were used for the purchase and development of the following described real property in the County of , State of Colorado (the "Property"): Legal Description Here Also known as: WHEREAS, the Homeowner, as the beneficiary ot'the expenditure of CDBG-DR funds, has agreed to record a deed restriction and covenant that runs with the Property to ensure that certain affordability and occupancy requirements are met. NOW, THEREFORE, the following is established as a deed restriction and covenant running with the Property: Affordability Requirements. The use of the Property shall comply with the affordability requirements listed herein, outlined by project and program type as applicable. DOH policy is to follow HUD's Recapture model, and to apply it to CDBG-DR funded programs as well. Attachment B-I (C)—Deed Restriction and Covenant--Page I of 3 Pages Housing Purchase: Down Payment Assistance. The affordability period is five years. A. Occunancv Limitations. The Property must be the principal residence of Homeowner and Homeowner's family throughout the period of affordability, unless the property is resold pursuant to Section B. below. B. Recapture Restrictions: Down Payment Assistance. In the event of any resale prior to the expiration of the period of affordability, the buyer must repay his/her loan in full, up to the amount of net proceeds, based on the amount subject to recapture (100% of the loan amount). For any amount of CDBG-DR funding, the affordability period is five years. If the buyer pays off the loan and remains in the home, a five-year change in use applies. 2. Term. The affordability requirements stated in this Deed Restriction and Covenant shall encumber the Property for not less than five (5) years from the date of purchase, day of , 20 , and shall not be amended or modified without the express written consent of the Department of Local Affairs. Division of Housing. 3. Enforcement. The provisions of this Deed Restriction and Covenant may be enforced by the unit of general local government, the State of Colorado, and/or HUD, or appropriate representatives thereof. 4. Release. Upon satisfaction of the terms of this Covenant, the Grantor will record a release of this Covenant against the Property and the Owner, its successors,assignees, heirs.grantees, and lessees shall no longer be bound by the terms of this Covenant. Homeowner, STATE OF COLORADO ) ) ss. COUNTY ) The foregoing instrument was acknowledged before me by this day of , 20 Witness my hand and official seal. My commission expires: Notary Public Attachment B-1 (C)--Deed Restriction and Covenant--Page 2 of 3 Pages APPROVED AND AGREED TO BY GRANTOR: Colorado Department of Local Affairs,a political subdivision of the State of Colorado By: State of Colorado )ss. County of The foregoing instrument was subscribed to and acknowledged before me this day of ?d , by as of Witness my hand and official seal My commission expires: Attachment B-I (C)--Deed Restriction and Covenant—Page 3 of 3 Pages } . I = = = = = >` N el N a p N _` N r r T O a C Q Gil Gil Gal GLI 1.4 ca; G�si kJ LW ;1 :st :r.1 G-,+ Lai F W Z Q j B. 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G = U / # •- kE \ \ / / E \ O. . - 2 < fA \ \ fn 2 \ OC o c w o m o o � Q CO z o Q o o Co fo_ Q o O"IQO 0 v d o 'N o L M 1Y O. 0 Q Qy134 O O o i. i 0 o .c ▪ a E �, 3 L L ,e6 n y � cu t o > a Tfr = U V m Cu —o rs AiW Ex QC � " 0 -" m = L Ez CO VIE U L Q m2 o r W M0 o ti E , a) p c) m s, I..(1) J N Q I— :. _ in O ca Q Q Z Z G TO Z m C as 4 m Q c a c (4 U N 0 N t6 N N O Q a Q N Q U O co E c C Q O O O O QE o N f6 Co E 51- @ cca f9 ??C C coC Q @ t0 C 7LI b c cr U Q 3 C u 'w' _ c Z. Q C .c f1J O U o Q o U Q 2 4J m G ✓ . m Q a u E CuNE � .C _, < < m < co O Attachment B-I (a) Subproject Name: Weld County Subproject No. : 16-047 SUBPROJECT SCOPE OF WORK/BUDGET 1. DESCRIPTION OF THE SUBPROJECT 1.1 Subproject Description. Weld County will receive a CDBG-DR grant to fund a Housing Purchase, Down Payment Assistance (DPA) program serving residents impacted by the September 2013 flood. Weld County Housing Authority (WCHA) will administer the DPA. WCHA will provide a CHFA certified homebuyer education class required of all first time homebuyers and available upon request for all program participants. These Grant Funds will be used to assist up to five(5) low-interest loans or grants for DPA to purchase homes as well as program overhead costs, including staff salary, equipment,materials,rent,utilities and project delivery functions which are limited to costs allowed under HCDA I05(a)(4). These are households who were impacted by the flood and have incomes at or below 80%of Area Median Income(AMI). 1.2 Eligibility. The Subproject activities are eligible for CDBG-DR assistance pursuant to the Action Plan and Housing Purchase,42 USC §5305(a)(24)as amended in the March Notice at Vl.B.28. 1.3 Responsibilities. For this Subproject.Grantee shall enter into a subcontract with the Subgrantee, Weld County Housing Authority, which shall own and/or manage the completed Subproject and carry out the proposed Subproject activities("Subcontract"). This Subcontract shall contain a provision preventing transfer, assignment, or further subcontracting of this Subcontract without prior written approval of DOLA. 1.4 Program Income. This Subproject: ®shall ❑shall not generate Program Income. 1.5 Term-Work Commencement.The Parties' respective performances for this Subproject shall commence on September I I,2013 and terminate on October 31. 2016 unless sooner terminated or further extended as specified elsewhere herein. 2. DEFINITIONS 2.1 Advance Payment. "Advance Payment"means the use of Grant Funds to pay for Work that has been completed and invoiced to DOLA for such Work, but Grantee has not paid such invoices. 2.2 Beneficiaries. "Beneficiaries" for this Subproject are(check one): ® The persons and/or households who are the end users that benefit from this Subproject which is funded with Grant Funds. ❑ The area that benefits from this Subproject which is funded with Grant Funds. 2.3 Business Day. "Business Day" means a day during which the State is open for business, excluding weekends and legal public holidays. 2.4 Cumulative Basis. "Cumulative Basis" means a cumulative or increasing accumulation of additional expenses within a specific Subproject Budget Line Item starting with the initial amount approved in §4.2, Project Budget as of the term commencement date for this Subproject. Such starting point will reset with an amendment to this Grant approved by the DOLA Controller changing the Subproject Budget Line Item amount. 2.5 Eligible Expenses. "Eligible Expenses"are the costs of performing approved and eligible Subproject activities pursuant to this Subproject Scope of Work/Budget. Such Eligible Expenses are specified in the Action Plan and must comply with all CDBG-DR requirements, State Fiscal Rules,this Subproject Scope of Work/Budget and the Grant Agreement. Page I -Subproject Scope of Work Attachment B-1 (a) Subproject Name: Weld County Subproject No. : 16-047 2.6 Low-and Moderate-Income Persons. "Low-and Moderate-income Persons" for this Subproject are : ® Those persons who are members of families whose incomes are at or below 80%of area median income as set forth in Exhibit D, as may be amended by HUD and which shall be posted by HUD on its website,or ❑ Those persons who reside in areas that have been determined by HUD, based upon the 2000 Census data, to be at or below 80%of area median income areas,as further specified in the National Objective in§3.2 below, or ❑Those persons belonging to clientele groups(as such term is defined by HUD)who are presumed by HUD to be at or below 80%of area median income, as further specified in the National Objective in §3.2 below, or ❑ Those persons who are members of families whose incomes are at or below 80%of area median income as determined by utilizing an income survey methodology y approved by HUD. 2.7 Lump Sum Budgeting."Lump Sum Budgeting" means a very general, non specific budget for a multi-component project that leaves all discretion with the recipient of the grant for use of grant funds. For purposes of this definition. "component" means a distinct period or stage in a sequence of events to complete a project. For example, a multi- component construction project not using Lump Sum Budgeting may include separate line items for Real Property Acquisition. Design. Utilities,and Construction. A multi- component construction project using Lump Sum Budgeting may only include a line item for Construction. Lump Sum Budgeting is not permitted under this Grant. 2.8 Subproject Budget Line Item. "Subproject Budget Line Item" means each line for Subproject activities specified and approved in the Subproject Budget in §4.2 of this Subproject Scope of Work/Budget. 3. DELIVERABLES 3.1 Outcome. The final outcome of this Subproject is to provide housing purchase assistance to residents impacted by the September 2013 flood in accordance with Grantee's CDBG-DR grant application and the specific Subproject activities as described herein. 3.2 National Objective. As determined by the State, Grantee shall present documentation to demonstrate compliance by the Subproject with the National Objective identified below during the term of this Grant: ® Housing Purchase: This Subproject meets the national objective of benefit to Low- and Moderate-income Persons as required in 24 CFR §570.483(b)(3). 3.3 Project Performance Plan. The Parties shall comply with the milestones, performance goals and timelines in the Subproject Project Performance Plan. 3.4 Residency Declaration. This Subproject: ®shall ❑shall not require Beneficiaries to execute a Residency Declaration(Form I). This requirement shall not apply when the owner of the Subject Property is a charitable non-profit pursuant to 8 USC §I 642(d). 4. FUNDING The State provided funds shall be limited to the amount specified under the"CDBG-DR"column of §4.2. Subproject Budget, below. Page 2—Subproject Scope or Work Attachment B-I (a) Subproject Name: Weld County Subproject No. : 16-047 4.1 Other Funds. Grantee shall provide the required Other Funds as listed in the"Other Funds"column of§4.2 below during the term of this Subproject. 4.2 Subproject Budget. Subproject Activities Total Cost CDBG-DR Other Funds Other fund ; Funds Source Down Payment Assistance $250,000.00 $250,000.00 $0.00 _grants/loans Subproject Delivery Cost $5,000.00 $5.000.00 $0.00 Program Overhead Costs $6,375.00 $6,375.00 $0.00 Total $261,375.00 $261,375.00 $0.00 If administrative expenses are included as Eligible Expenses, there must be a separate Subproject Budget Line Item for such expenses. Lump Sum Budgeting is not acceptable. 4.3 Subproject Budget Line Item Adjustments. Subproject Budget Line Rem adjustments pursuant to this Section shall not change the total awarded or contracted amount of the Grant Funds for a Subproject. Increases to Grant Funds for a Subproject require an amendment. Calculations in §§4.3.1 and 4.3.2 must be made on a Cumulative Basis. 4.3.1 Grantee shall have authority to adjust individual Subproject Budget Line Items without approval of the State up to an aggregate of 10%of such Subproject Budget Line Item from which the funds are moved. Such authority shall not allow Grantee to transfer to or between administration budget lines and/or between Subprojects (E.g. development fees, overhead and project delivery), Grantee shall send written notification of allowed adjustments to the State within 30 days of such adjustment. 4.3.2 All changes to individual Subproject Budget Line Items which are in excess of 10% but less than 24.99%of such Subproject Budget Line Item from which the funds are moved shall require prior written approval of the DOLA Controller. Grantee shall submit a written request for changes pursuant to this Section to the State. Such request shall include the amount of such request, the reason for the request and any necessary documentation. If the State approves such request, the State shall unilaterally execute an Option Letter accepting such request pursuant to §7(C) of the Grant Agreement. Grantee is not authorized to perform until Grantee receives an executed Option Letter accepting such change. 43.3 All changes to individual Subproject Budget Line Items which are in excess of 24.99%of such Subproject Budget Line Item from which the funds are moved shall require a prior written amendment executed by the Grantee and DOLA pursuant to §21(J) of the Grant Agreement. Grantee shall submit a written request for changes pursuant to this Section to the State. Such request shall include the amount of such request. the reason for the request and any necessary documentation. Grantee is not authorized to perform until a bi-lateral amendment is fully executed by the DOLA Controller accepting such change. 4.3.4 Signature Authority. All Grantee notices and requests submitted to DOLA pursuant to this §4.3 (each a "Line Item Proposal"), must be signed and dated by a person authorized to bind the Grantee to such Line Item Proposal. Page 3—Subproject Scrape or Mork Attachment B-I (a) Subproject Name: Weld County Subproject No. : 16-047 5. PAYMENT Payments shall be made in accordance with this section and the provisions set forth in §4 of Exhibit B and §7 of the Grant Agreement. 5.1 Liability for Costs. The State shall not be liable to pay or reimburse Grantee for any performance under this Subproject. including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to: ❑ The Effective Date. ® The Effective Date; provided, however, that all Project costs, if specifically authorized by the federal funding authority, incurred on or after September II,2013, may be submitted for reimbursement as if incurred after the Effective Date. ❑ insert date for authorized Pre-agreement Costs. Such costs may be submitted for reimbursement as if incurred after the Effective Date. 5.2 Subproject Payment Schedule. State shall make payments to Grantee as follows (check one): ® State shall make payment to Grantee pursuant to accepted Pay Requests until 95%of Grant Funds have been disbursed, which final 5% shall be disbursed in accordance with §5.5. 5.3 Advance Payments. This subsection: ❑is is not applicable. DOLA Controller has previously approved in writing Advance Payments up to S 10,000 for this Subproject. If Work is subcontracted or subgranted, such Subcontractors and/or Subgrantees are not previously paid. Grantee shall disburse Grant Funds received from the State to such Subcontractor or Subgrantee within three Business Days of receipt. Grantee shall provide DOLA with proof of payment within three Business Days of such payment. Excess funds shall be returned to DOLA. To maximize the use of Grant Funds, the State shall evaluate Grantee's expenditure of the Grant Funds for timeliness and compliance with the terms of this Grant and Subproject Scope of Work/Budget. DOLA reserves the right to recapture advanced Grant Funds when Grantee has not or is not complying with the terms of this Grant and/or the Subproject Scope of Work/Budget. 5.4 Milestones. Subproject Activity Amount M Ii estaue Target Date Housing Assistance. DP A Project $65,345.00 I grant, closed 03:'7 16 Delivery. Program Overhead Housing Assistance, DPA Project 598,015 002 grants,loans Delivery Program Overhead closed 0630'16 Housing Assistance, DPA-Project 2 grants/loans Delivery Program Overhead $93.01 c.00 closed 0913016 Total 5261,375.00 5 If Target Date for such Milestone is not met, State has the authority to use any remedies stated in the Grant, including, but not limited to, those specified in §15(C) of the Grant Agreement which allow the State, at its sole discretion, to provide technical assistance and/or termination of the overall Project and/or a Subproject. Page 4—Suhprojeci Scope of ork Attachment B-I (a) Subproject Name: Weld County Subproject No. : 16-047 5.5 Monthly Pay Requests. Beginning 30 days after the end of the first month following commencement of Work under this Subproject and for each month thereafter until termination of this Subproject,Grantee shall submit Pay Requests using a form provided by the State.The State shall pay the Grantee for actual expenditures made in the performance of this Subproject based on the submission of Pay Requests. The Grantee shall submit Pay Requests setting forth a detailed description and provide documentation (including homebuyer settlement statement, loan agreement,deed restriction,and other documentation at DOLA request that demonstrates eligible use of funds)of the amounts and types of reimbursable expenses. For months in which there are no expenditures to reimburse,Grantee shall indicate zero(0) in the request. The Pay Request shall contain actual expenditures of Grant Funds incurred in the period by Subproject Budget Line Item pursuant to§4.2 of this Subproject Scope of Work/Budget as well as a projection of all Subproject Work expected to be accomplished in the following month, including an estimate of Grant Funds to be expended. This report is due within I0 days of the end of the reporting month or more frequently at the discretion of the Grantee. See Subproject Project Performance Plan for specific submittal dates. 5.6 Final Payment/Substantial Completion. Final payment for this Subproject shall not be released by DOLA until Grantee has submitted a final Pay Request and achieved substantial completion, which includes completion of the Subproject Work; completion, submission,and DOLA acceptance of all interim reports; completion of on-site Subproject monitoring by DOLA, including approval of ail corrective action taken on any identified findings or concerns; and submission by Grantee and acceptance by DOLA of the Subproject Completion Report(collectively,-Substantial Completion"). For the purposes of this Subproject, "completion of the Subproject Work"means the following: Housing Purchase programs: Final loan or grant closing under the Subproject. 5.7 Eligible Expenses. Pay Requests shall include only Eligible Expenses. In addition. Eligible Expenses are subject to the following requirements: 5.7.1 CDBG-DR Administrative Cap.Grantee shall ensure that Eligible Expenses for administrative expenses do not exceed 2.5%of the total Subproject Grant Funds expended.Compliance shall be calculated every quarter during the Subproject term. !fat the time of the intermittent calculation,the administrative funds drawn exceed the percentage specified herein, State shall withhold payment of such expenses until sufficient Subproject Grant Funds are expended so that the percentage cap is not exceeded. If at the end of the Subproject term the administrative funds drawn exceed the percentage specified herein. Grantee shall repay the excess amount to the State. 5.8 Cost Savings. This subsection: Ds as not applicable. Cost Savings derived while completing the Subproject shall be(choose one): n split on a pro-rata basis between the State and Grantee ❑ returned to the State !'age 5 -Subproject Scope of Work Attachment B-I (a) Subproject Name: Weld County Subproject No. : 16-047 6. ADMINISTRATIVE REQUIREMENTS 6.1 Personnel. 6.1.1 Responsible Administrator. Grantee's performance hereunder shall be under the direct supervision of Tom Teixeira,an employee or agent of Grantee, who is hereby designated as the responsible administrator of this Subproject. 6.1.2 Replacement. Grantee shall immediately notify DOLA if any key personnel cease to serve. Provided there is a good-faith reason for the change, if Grantee wishes to replace its key personnel, it shall notify DOLA and seek its approval, which shall be at DOLA's sole discretion, as DOLA issued this Grant in part in reliance on Grantee's representations regarding Key Personnel. Such notice shall specify why the change is necessary,who the proposed replacement is,what his/her qualifications are,and when the change will take effect. Anytime key personnel cease to serve, DOLA, in its sole discretion, may direct Grantee to suspend work on the Subproject until such time as replacements are approved. All notices sent under this subsection shall be sent in accordance with §16 of the Grant Agreement. 6.2 Reporting.Grantee shall submit the following reports to DOLA using the state-provided forms. DOLA may withhold payment(s)or take additional action described in §15 of the Grant Agreement, if such reports are not submitted timely. When there is a conflict between the reporting requirement in this section and the CDBG Guidebook,the stricter requirement shall prevail. 6.2.1 Pay Requests. Pay Requests are due in accordance with §5.5 of this Subproject Scope of Work/Budget. 6.2.2 Financial Status Report. This report is due within 10 calendar days of the end of each month until the Subproject has been closed out with the State. 6.2.3 Performance Reports.The Project Performance Plan report for the Subproject shall be submitted within 10 calendar days of the end of each month until the Subproject has been closed out with the State. 6.2.4 Summary Beneficiary Report. The Monthly Summary Beneficiary Report for the Subproject shall be submitted within 10 calendar days of the end of each month. 6.2.5 Subproject Completion Report. Within 90 days of the earlier of termination or completion of the Subproject, the Grantee shall submit one copy of the Subproject Completion Report,and two copies of the final Financial Status Report. The Subproject Completion Report shall include a final Summary Beneficiary Report. 6.3 inspections. 6.3.1 Grantee. Prior to submitting a request for payment,Grantee must inspect as described below in §§6.3.I.1 through 6.3.1.6 and certify that it meets the requirements and standards of the Notices and the Action Plan. Grantee's payment request to DOLA must include documentation of the inspection and approval. 6.3.1.1 For rehabilitation projects.Grantee shall inspect the rehabilitation work for compliance with the requirements specified in this Subproject Scope of Work/Budget(if specified). 6.3.1.2 If a home is to he acquired,Grantee shall inspect the home to ensure that it meets HUD housing quality standards found at 24 CFR Part 982.401. Page 6—Subproject Scope of Work Attachment B-I (a) Subproject Name: Weld County Subproject No. : 16-047 6.3.1.3 If Grant Funds are used for rental assistance, Grantee shall inspect the rental premises to ensure that it meets HUD housing quality standards found at 24 CFR Part 982.401. 6.3.1.4 1f Grant Funds are used to repair or reconstruct private roads and bridges, Grantee shall inspect work for compliance with the requirements specified in the Overall Statement of Project and this Subproject Scope of Work/Budget. 6.3.1.5 If Grant Funds are used for clearance and demolition,Grantee shall inspect the Subject Property for progress that is consistent with the Subcontractor invoice. 6.3.1.6 If Grant Funds are used for single-or multi-family housing construction, Grantee shall inspect work for construction progress that is consistent with the Application and Certificate for Payment and Continuation Sheet(AIA Document G702 and G703 or equivalent)submitted by the Subcontractor,and compliance with the construction standards specified in the Action Plan and/or Subproject Scope of Work/Budget and scope of work in the agreement between the contractor and Grantee. 6.3.2 DOLA. 6.3.2.1 At its sole discretion. DOLA,or its authorized agent, may perform an inspection of the Work and/or Subject Property,as applicable, prior to release of requested payment. 6.3.2.2 Prior to Substantial Completion of the Subproject. DOLA or its authorized agent shall perform an inspection of the Subproject Work and/or Subject Property,and shall have access to all Grantee financial,administrative, and Beneficiary records related to the Subproject Scope of Work/Budget. Release of final payment shall be subject to acceptable completion of this monitoring, pursuant to §5.6,above. 6.4 Prevention of Duplication of Benefits. The CDBG-DR appropriation(Pub. L. 113-2) and the Stafford Act require that Beneficiaries of federal disaster assistance do not receive a duplication of benefits of resources available to them between federal, state, local,and certain private sources. 6.4.1 Determine Maximum Eligible Benefit. Prior to providing assistance to any Beneficiary,Grantee must follow DOLA's Procedure to Prevent Duplication of Benefits(Exhibit P)to determine the Beneficiary's unmet need, which is the maximum CDBG-DR benefit for which the Beneficiary is eligible. 6.4.2 Execute Agreement with Beneficiary. Prior to providing assistance to any Beneficiary,Grantee must execute a legally binding written agreement with the Beneficiary that includes the provision that the source and amount of any and all additional funds received for costs associated with the disaster will be reported to the Grantee within 15 calendar days of receipt. The agreement must also include that if the additional funds are determined to be duplicative, the award will be reduced and/or the Beneficiary will be required to repay any disbursed duplicative amount. 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O - ni 5 D n D = m a -ti cu m o m o o e D cD CP a nfui D cu D 0 Dcc m N 0 cu X' v x "5 u) cp A- m m D j "� ? o a CU w m Z Z n g D U) o cp fa CD z z fii Q p m -I O _? D m I- ..., * n C D O w c 3 9 o b• �, p EU- a < a3 • 3 N O3 • C" # m tU = o O gas ro cn• 6 g 7/ /� o CD- /w t V 3 oo 2 m n O A 41) C nee # v O o CD a) co o w• m * mrig ""SO- a = m m o m o- 3 V in, 0an /� c4) lY C D• w O o yo - a O ..,...;.4. ....*.. ... .......1:, .a. O -' o D o • O u) O o yo • O a c() o -` o O co w D _g ca ,: o m n _ m Attachment C-1 (a) Subproject Name: Weld County Subproject No. : 16-047 SUBPROJECT SCOPE OF WORK/BUDGET I. DESCRIPTION OF THE SUBPROJECT 1.1 Subproject Description. Weld County will receive a CDBG-DR grant to fund Temporary Rental Assistance serving residents impacted by the September 2013 flood. This program will be administered by the Weld County Housing Authority under the Weld Recovers mission of rebuilding the community to a new level of safety and stability. Impacted residents may benefit with prioritization of services and funding for households with special needs, elderly, disabled, and/or those at 30% of AMI or below. The Temporary Rental Assistance and Relocation Program will provide financial assistance for approximately 17 households with incomes at or below 80% of Area Median Income(AM!). Funds will be used to benefit households through the payment of rent, security deposits, moving expenses, and will cover program overhead costs, including staff salary, equipment, materials, rent, utilities and project delivery functions which are limited to costs allowed under HCDA I05(a)(4). In support of the residents displaced by the flood, and due to the extremely tight rental market in Weld County, the program has requested and received permission to fund temporary rental assistance at up to 125% of the Fair Market Rent (FMR) or higher on a case by case basis, as the market demands in the wake of the flood. 1.2 Eligibility. The Subproject activities are eligible for CDBG-DR assistance pursuant to the Action Plan and Temporary Rental Assistance,42 USC §5305(a)( I). 1.3 Responsibilities. For this Subproject,Grantee shall enter into a subcontract with the Subgrantee, Weld County Housing Authority,which shall own and/or manage the completed Subproject and carry out the proposed Subproject activities(-Subcontract"). This Subcontract shall contain a provision preventing transfer,assignment, or further subcontracting of this Subcontract without prior written approval of DOLA. 1.4 Program Income. This Subproject: ❑shall ®shall not generate Program Income. 1.5 Term-Work Commencement.The Parties' respective performances for this Subproject shall commence on September II,2013 and terminate on October 31,2016 unless sooner terminated or further extended as specified elsewhere herein. 2. DEFINITIONS 2.1 Advance Payment. "Advance Payment"means the use of Grant Funds to pay for Work that has been completed and invoiced to DOLA for such Work, but Grantee has not paid such invoices. 2.2 Beneficiaries. "Beneficiaries" for this Subproject are(check one): ® The persons and/or households who are the end users that benefit from this Subproject which is funded with Grant.Funds. ❑ The area that benefits from this Subproject which is funded with Grant Funds. 2.3 Business Day. "Business Day" means a day during which the State is open for business, excluding weekends and legal public holidays. 2.4 Cumulative Basis. "Cumulative Basis" means a cumulative or increasing accumulation of additional expenses within a specific Subproject Budget Line Item starting with the initial amount approved in §4.2, Project Budget as of the term commencement date for this Subproject. Such starting point will reset with an amendment to this Grant approved by the DOLA Controller changing the Subproject Budget Line Item amount. Page I -Subproject Scope of Work • Attachment C-1 (a) Subproject Name: Weld County Subproject No. : 16-047 2.5 Eligible Expenses."Eligible Expenses"are the costs of performing approved and eligible Subproject activities pursuant to this Subproject Scope of Work/Budget. Such Eligible Expenses are specified in the Action Plan and must comply with all CDBG-DR requirements, State Fiscal Rules, this Subproject Scope of Work/Budget and the Grant Agreement. 2.6 Low-and Moderate-Income Persons. "Low-and Moderate-Income Persons" for this Subproject are: ® Those persons who are members of families whose incomes are at or below 80%of area median income as set forth in Exhibit D, as may be amended by I-IUD and which shall be posted by HUD on its website,or ❑ Those persons who reside in areas that have been determined by HUD, based upon the 2000 Census data,to be at or below 80%of area median income areas, as further specified in the National Objective in §3.2 below,or ❑ Those persons belonging to clientele groups(as such term is defined by HUD)who are presumed by HUD to be at or below 80%of area median income, as further specified in the National Objective in §3.2 below,or ❑ Those persons who are members of families whose incomes are at or below 80%of area median income as determined by utilizing an income survey methodology approved by HUD. 2.7 Lump Sum Budgeting. "Lump Sum Budgeting" means a very general,non specific budget for a multi-component project that leaves all discretion with the recipient of the grant for use of grant funds. For purposes of this definition, "component" means a distinct period or stage in a sequence of events to complete a project. For example, a multi- component construction project not using Lump Sum Budgeting may include separate line items for Real Property Acquisition, Design, Utilities, and Construction. A multi- component construction project using Lump Sum Budgeting may only include a line item for Construction. Lump Sum Budgeting is not permitted under this Grant. 2.8 Subproject Budget Line Item. "Subproject Budget Line Item" means each line for Subproject activities specified and approved in the Subproject Budget in §4.2 of this Subproject Scope of Work/Budget. 3. DELIVERABLES 3.1 Outcome. The final outcome of this Subproject is to provide temporary rental assistance to households that were directly impacted by the September 2013 flood in accordance with Grantee's CDBG-DR grant application and the specific Subproject activities as described herein. 3.2 National Objective. As determined by the State,Grantee shall present documentation to demonstrate compliance by the Subproject with the National Objective identified below during the term of this Grant: ® Rental:This Subproject meets the national objective of benefit to Low-and Moderate-Income Persons as required in 24 CFR §570.483(b)(3). 3.3 Project Performance Plan. The Parties shall comply with the milestones, performance goals and timelines in the Subproject Project Performance Plan. 3.4 Residency Declaration. This Subproject: ®shall ❑shall not require Beneficiaries to execute a Residency Declaration(Form I).This requirement shall not apply when the owner of the Subject Property is a charitable non-profit pursuant to 8 USC §1642(d). Page 2—Subproject Scope of Work Attachment C- (a) Subproject Name: Weld County Subproject No. : 16-047 4. FUNDING The State provided funds shall be limited to the amount specified under the"CDBG-DR Funds" column of§4.2, Subproject Budget, below. 4.1 Other Funds. Grantee shall provide the required Other Funds as listed in the "Other Funds"column of§4.2 below during the term of this Subproject. 4.2 Subproject Budget. Subproject Activities Total Cost 'CDBG-DR Other Other Fund Funds Funds Source Temporary Rental $149,800.00 $149,800.00 $0.00 Assistance/Security Deposits/Moving Costs Subproject Delivery Costs $7,000.00 $7,000.00 $0.00 Program Overhead Costs $3,920.00 $3,920.00 $0.00 Total $160,720.00 $160,720.00 $0.00 If administrative expenses are included as Eligible Expenses, there must be a separate Subproject Budget Line Item for such expenses. Lump Sum Budgeting is not acceptable. 4.3 Subproject Budget Line Item Adjustments. Subproject Budget Line Item adjustments pursuant to this Section shall not change the total awarded or contracted amount of the Grant Funds for a Subproject. Increases to Grant Funds for a Subproject require an amendment. Calculations in §§4.3.1 and 4.3.2 must be made on a Cumulative Basis. 4.3.1 Grantee shall have authority to adjust individual Subproject Budget Line Items without approval of the State up to an aggregate of 10% of such Subproject Budget Line Item from which the funds are moved. Such authority shall not allow Grantee to transfer to or between administration budget lines and/or between Subprojects (E.g. development fees, overhead and project delivery). Grantee shall send written notification of allowed adjustments to the State within 30 days of such adjustment. 4.3.2 All changes to individual Subproject Budget Line Items which are in excess of 10% but less than 24.99% of such Subproject Budget Line Item from which the funds are moved shall require prior written approval of the DOLA Controller. Grantee shall submit a written request for changes pursuant to this Section to the State. Such request shall include the amount of such request, the reason for the request and any necessary documentation. If the State approves such request, the State shall unilaterally execute an Option Letter accepting such request pursuant to §7(C) of the Grant Agreement. Grantee is not authorized to perform until Grantee receives an executed Option Letter accepting such change. 4.3.3 All changes to individual Subproject Budget Line Items which are in excess of 24.99%of such Subproject Budget Line Item from which the funds are moved shall require a prior written amendment executed by the Grantee and DOLA pursuant to §21(1) of the Grant Agreement. Grantee shall submit a written request for changes pursuant to this Section to the State. Such request shall include the amount of such request, the reason for the request and any necessary documentation. Grantee is not authorized to perform until a bi-lateral amendment is fully executed by the DOLA Controller accepting such change. Page 3—Subpmjeet Scope of Work Attachment C-I (a) Subproject Name: Weld County Subproject No. : 16-047 4.3.4 Signature Authority. All Grantee notices and requests submitted to DOLA pursuant to this §4.3 (each a "Line Item Proposal"), must be signed and dated by a person authorized to bind the Grantee to such Line Item Proposal. 5. PAYMENT Payments shall be made in accordance with this section and the provisions set forth in §4 of Exhibit B and §7 of the Grant Agreement. 5.1 Liability for Costs. The State shall not be liable to pay or reimburse Grantee for any performance under this Subproject, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to: ❑ The Effective Date. ®The Effective Date: provided, however, that all Project costs, if specifically authorized by the federal funding authority, incurred on or after September 11, 2013, may be submitted for reimbursement as if incurred after the Effective Date. ❑ insert date for authorized Pre-agreement Costs. Such costs may be submitted for reimbursement as if incurred after the Effective Date. 5.2 Subproject Payment Schedule. State shall make payments to Grantee as follows: ® State shall make payment to Grantee pursuant to accepted Pay Requests until 95%of Grant Funds have been disbursed, which final 5% shall be disbursed in accordance with §5.5. 5.3 Advance Payments. This subsection: pis is not applicable. DOLA Controller has previously approved in writing Advance Payments up to$10,000 for this Subproject. If Work is subcontracted or subgranted, such Subcontractors and/or Subgrantees are not previously paid, Grantee shall disburse Grant Funds received from the State to such Subcontractor or Subgrantee within three Business Days of receipt. Grantee shall provide DOLA with proof of payment within three Business Days of such payment. Excess funds shall be returned to DOLA. To maximize the use of Grant Funds, the State shall evaluate Grantee's expenditure of the Grant Funds for timeliness and compliance with the terms of this Grant and Subproject Scope of Work/Budget. DOLA reserves the right to recapture advanced Grant Funds when Grantee has not or is not complying with the terms of this Grant and/or the Subproject Scope of Work/Budget. 5.4 Milestones. Subproject Activity. . ± Amount Milestone Target Date' Temporary Rental Assistance/ Security Deposits/Moving Costs/ Project $40,130.00 5 units 03/31/16 Delivery/Program Overhead Temporary Rental Assistance/Security Deposits/ Moving Costs/ Project $60,270.00 6 units 06/30/16 Delivery/ Program Overhead Temporary Rental Assistance/ Security Deposits/ Moving Costs/ Project $60.270.00 6 units 09/30/16 Deliver'/Program Overhead Temporary Rental Assistance/Security Deposits/ Moving Costs/ Project Delivery/ Program Overhead Total $160.720.00 17 I'agc-1--Suhprojeci Scope of Work Attachment C-I (a) Subproject Name: Weld County Subproject No. : 16-047 If Target Date for such Milestone is not met, State has the authority to use any remedies stated in the Grant. including, but not limited to,those specified in §15(C)of the Grant Agreement which allow the State, at its sole discretion,to provide technical assistance and/or termination of the overall Project and/or a Subproject. 5.5 Monthly Pay Requests. Beginning 30 days after the end of the first month following commencement of Work under this Subproject and for each month thereafter until termination of this Subproject, Grantee shall submit Pay Requests using a form provided by the State.The State shall pay the Grantee for actual expenditures made in the performance of this Subproject based on the submission of Pay Requests. The Grantee shall submit Pay Requests setting forth a detailed description and provide documentation (including contractor invoices and other documentation at DOLA request that demonstrates eligible use of funds)of the amounts and types of reimbursable expenses. For months in which there are no expenditures to reimburse,Grantee shall indicate zero (0) in the request.The Pay Request shall contain actual expenditures of Grant Funds incurred in the period by Subproject Budget Line Item pursuant to§4.2 of this Subproject Scope of Work/Budget as well as a projection of all Subproject Work expected to be accomplished in the following month, including an estimate of Grant Funds to be expended. This report is due within 10 days of the end of the reporting month or more frequently at the discretion of the Grantee. See Subproject Project Performance Plan for specific submittal dates. 5.6 Final Payment/Substantial Completion. Final payment for this Subproject shall not be released by DOLA until Grantee has submitted a final Pay Request and achieved substantial completion,which includes completion of the Subproject Work;completion, submission,and DOLA acceptance of all interim reports; completion of on-site Subproject monitoring by DOLA, including approval of all corrective action taken on any identified findings or concerns; and submission by Grantee and acceptance by DOLA of the Subproject Completion Report(collectively,"Substantial Completion"). For the purposes of this Subproject,"completion of the Subproject Work"means the following: For Temporary Rental Assistance programs: Final rent assistance payment under the Subproject. 5.7 Eligible Expenses. Pay Requests shall include only Eligible Expenses. In addition, Eligible Expenses are subject to the following requirements: 5.7.I CDBG-DR Administrative Cap.Grantee shall ensure that Eligible Expenses for administrative expenses do not exceed 2.5%of the total Subproject Grant Funds expended. Compliance shall be calculated every quarter during the Subproject term. If at the time of the intermittent calculation,the administrative funds drawn exceed the percentage specified herein, State shall withhold payment of such expenses until sufficient Subproject Grant Funds are expended so that the percentage cap is not exceeded. If at the end of the Subproject term the administrative funds drawn exceed the percentage specified herein, Grantee shall repay the excess amount to the State. 5.8 Cost Savings. This subsection: ❑is is not applicable. Cost Savings derived while completing the Subproject shall be(choose one): (l split on a pro-rata basis between the State and Grantee ❑returned to the State Page 5—Subproject Scope of Work Attachment C-I (a) Subproject Name: Weld County Subproject No. : 16-047 6. ADMINISTRATIVE REQUIREMENTS 6.1 Personnel. 6.1.1 Responsible Administrator.Grantee's performance hereunder shall be under the direct supervision of Torn Teixeira,an employee or agent of Grantee, who is hereby designated as the responsible administrator of this Subproject. 6.1.2 Replacement. Grantee shall immediately notify DOLA i f any key personnel cease to serve. Provided there is a good-faith reason for the change, if Grantee wishes to replace its key personnel, it shall notify DOLA and seek its approval, which shall be at DOLA's sole discretion,as DOLA issued this Grant in part in reliance on Grantee's representations regarding Key Personnel. Such notice shall specify why the change is necessary, who the proposed replacement is, what his/her qualifications are,and when the change will take effect.Anytime key personnel cease to serve, DOLA, in its sole discretion, may direct Grantee to suspend work on the Subproject until such time as replacements are approved. All notices sent under this subsection shall be sent in accordance with §16 of the Grant Agreement. 6.2 Reporting. Grantee shall submit the following reports to DOLA using the state-provided forms. DOLA may withhold payment(s)or take additional action described in §15 of'the Grant Agreement, if such reports are not submitted timely. When there is a conflict between the reporting requirement in this section and the CDBG Guidebook,the stricter requirement shall prevail. 6.2.1 Pay Requests. Pay Requests are due in accordance with §5.5 of this Subproject Scope of Work/Budget. 6.2.2 Financial Status Report. This report is due within 10 calendar days of the end ofeach month until the Subproject has been closed out with the State. 6.2.3 Performance Reports. The Project Performance Plan report for the Subproject shall be submitted within 10 calendar days of the end of each month until the Subproject has been closed out with the State. 6.2.4 Summary Beneficiary Report. The Nlonthly Summary Beneficiary Report for the Subproject shall be submitted within 10 calendar days of the end of each month. 6.2.5 Subproject Completion Report. Within 90 days of the earlier of termination or completion of the Subproject, the Grantee shall submit one copy of the Subproject Completion Report,and two copies of the final Financial Status Report. The Subproject Completion Report shall include a final Summary Beneficiary Report. 6.3 Inspections. 6.3.1 Grantee. Prior to submitting a request for payment, Grantee must inspect as described below in §§6.3.1.1 through 6.3.1.6 and certify that it meets the requirements and standards of the Notices and the Action Plan. Grantee's payment request to DOLA must include documentation of the inspection and approval. 63.1.1 For rehabilitation projects.Grantee shall inspect the rehabilitation work for compliance with the requirements specified in this Subproject Scope of Work/Budget(if specified). 6.3.1.2 Ifa home is to be acquired,Grantee shall inspect the home to ensure that it meets HUD housing quality standards found at 24 CFR Part 982.401. Pam 6—Subproject Scope of Work Attachment C-I (a) Subproject Name: Weld County Subproject No. : 16-047 6.3.1.3 If Grant Funds are used for rental assistance.Grantee shall inspect the rental premises to ensure that it meets HUD housing quality standards found at 24 CFR Part 982.401. 6.3.1.4 If Grant Funds are used to repair or reconstruct private roads and bridges,Grantee shall inspect work for compliance with the requirements specified in the Overall Statement of Project and this Subproject Scope of Work/Budget. 6.3.1.5 If Grant Funds are used for clearance and demolition. Grantee shall inspect the Subject Property for progress that is consistent with the Subcontractor invoice. 6.3.1.6 If Grant Funds are used for single-or multi-family housing construction.Grantee shall inspect work for construction progress that is consistent with the Application and Certificate for Payment and Continuation Sheet(A IA Document G702 and G703 or equivalent)submitted by the Subcontractor,and compliance with the construction standards specified in the Action Plan and/or Subproject Scope of Work/Budget and scope of work in the agreement between the contractor and Grantee. 6.3.2 DOLA. 6.3.2.1 At its sole discretion, DOLA,or its authorized agent, may perform an inspection of the Work and/or Subject Property,as applicable, prior to release of requested payment. 6.3.2.2 Prior to Substantial Completion of the Subproject. DOLA or its authorized agent shall perform an inspection of the Subproject Work and/or Subject Property,and shall have access to all Grantee financial,administrative,and Beneficiary records related to the Subproject Scope of Work/Budget. Release of final payment shall be subject to acceptable completion of this monitoring, pursuant to§5.6, above. 6.4 Prevention of Duplication of Benefits. The CDBG-DR appropriation(Pub. L. 113-2) and the Stafford Act require that Beneficiaries of federal disaster assistance do not receive a duplication of benefits of resources available to them between federal,state. local,and certain private sources. 6.4.1 Determine Maximum Eligible Benefit. Prior to providing assistance to any Beneficiary, Grantee must follow DOLA's Procedure to Prevent Duplication of Benefits(Exhibit F) to determine the Beneficiary's unmet need, which is the maximum CDBG-DR benefit for which the Beneficiary is eligible. 6.4.2 Execute Agreement with Beneficiary. Prior to providing assistance to any Beneficiary,Grantee must execute a legally binding written agreement with the Beneficiary that includes the provision that the source and amount of any and all additional funds received for costs associated with the disaster will be reported to the Grantee within 15 calendar days of receipt. The agreement must also include that if the additional funds are determined to be duplicative,the award will be reduced and/or the Beneficiary will be required to repay any disbursed duplicative amount. Page 7-Subproject Scope oI'Work Attachment C-I (a) Subproject Name: Weld County Subproject No. : 16-047 6.4.3 Completion Monitoring. Upon completion of the activity for which the Beneficiary received CDBG-DR funds, Grantee must require the Beneficiary to report and certify whether additional funds were received for disaster related expenses, the amount,and date of receipt. If additional funds were received that are determined to be duplicative,the Beneficiary must repay the duplicative amount to Grantee. 6.4.4 On-going Monitoring. One year after completion of the activity for which the Beneficiary received CDBG-DR funds,and until three years after completion of the activity for which the Beneficiary received CDBG-DR funds, Grantee must require the Beneficiary to report and certify whether additional funds were received for disaster related expenses, the source, the amount,and date of receipt. If additional funds were received that are determined to be duplicative,the Beneficiary must repay the duplicative amount to Grantee. 6.4.5 Repayment from Grantee. If Grantee or DOLA determine that duplication of benefits occurred and Grantee is unable to recover funds from the Beneficiary,Grantee will be required to repay the duplicative amount to DOLA from non-federal funds. 6.5 Bonds. If Subproject includes construction or facility improvements,Grantee, Subgrantee and/or their subcontractors performing such Work shall secure the bonds hereunder from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR Part 223 and are authorized to do business in Colorado. 6.5.1 Bid Bond. A bid guarantee from each bidder of Work equivalent to five (5)percent of the bid price. The-'bid guarantee"shall consist of a firm commitment such as a bid bond,certified check,or other negotiable instrument accompanying a bid as assurance that the bidder shall, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. 6.5.2 Performance Bond. A performance bond on the part of the Grantee, Subgrantee or their subcontractor for 100 percent of the awarded contract price. A performance bond" is one executed in connection with a contract to secure fulfillment of all the Grantee. Subgrantee or their subcontractor's obligations under such contract. 6.5.3 Payment Bond. A payment bond on the part of the Grantee,Subgrantee or their subcontractor for 100 percent of the awarded contract price. A '`payment bond" is one executed in connection with a contract to assure payment as required by statute of all persons supplying labor and material in the execution of the work provided for in the contract. 6.5.4 Substitution. The bonding requirements in this §6.5 may be waived in lieu of an irrevocable letter of credit if the price of the awarded contract is less than S50,000. 6.6 Affirmative Marketing Plan. If five(5)or more housing units are funded in the Subproject.Grantee shall provide an Affirmative Marketing Plan for the Subproject in accordance with this Grant,The release of funds under this Grant shall be contingent upon the approval of such plan by the State. Page 8—Subproject Scope of Work Attachment C-1 (a) Subproject Name: Weld County Subproject No, : 16-047 6.7 Change of Use. 6.7.1 During a period of five(5)years following the date of closeout for the Subproject specified in writing by the State to Grantee(`'Closeout Date"), Grantee may not change the use or planned use of the Subject Property and/or Personal Property acquired or improved unless: 1)the State determines the new use meets one of the National Objectives of the CDBG-DR program, and 2)the Grantee provides affected citizens with reasonable notice and an opportunity to comment on any proposed changes. 6.7.2 If Grantee decides,after consultation with affected citizens that it is appropriate to change the use of the Subject Property and/or Personal Property to a use which the State determines does not qualify in meeting a National Objective, Grantee shall reimburse to the State an amount equal to the current fair market value of the Subject Property and/or Personal Property, less any portion of the value attributable to expenditures of non-CDBG-DR funds for acquisition of and improvements to, the Subject Property and/or Personal Property. 6.7.3 After the five(5)year period following the Closeout Date, no State restrictions on use of-the Subject Property and/or Personal Property shall be in effect. 6.8 Davis-Bacon Act. This section: Oshall ®shall not apply to this Subproject. If eight(8)or more housing units in this Subproject are funded by CDBG-DR funds, Grantee and its Subcontractors shall comply with all the requirements set forth in 24 CFR §570.603 (Davis-Bacon Act). If applicable, the lead agency responsible for compliance shall be designated in the PPP. 6.9 Section 3 of the HUD Act of 1968 and 24 CFR Part 135. To the greatest extent feasible, the Grantee and Subgrantee(if applicable) will provide opportunities for training and employment that arise from this HUD-financed project,and will give preference in hiring to persons whose income is equal to or less than 80%of Area Median Income(AMI),and will give preference in contracting to businesses owned in substantial part by persons, or that substantially employ persons. whose income is equal to or less than 80%of AMI in the Subproject area. In addition, Grantee shall,to the maximum extent feasible, provide for the hiring of employees who reside in the vicinity,as such term is defined below herein, or contract with small businesses that are owned and operated by persons residing in the vicinity of such projects. Note: This local hiring requirement does not replace the responsibilities of Grantee under Section 3 of the Housing and Urban Development Act of 1968(12 U.S.C. 1701O.and implementing regulations at 24 CFR part 135,except to the extent the obligations may be in direct conflict. For the purposes of this Grant, `vicinity"is defined as each neighborhood identified by the Grantee and approved by the State as being the areas of greatest need. "Small business"means a business that meets the criteria set forth in §3(a)of the Small Business Act. Nothing in this section shall be construed to require the employment of a person or contracting with a business that does not meet the qualifications for the job. I'age 9—Subproject Scope of Wort: Attachment C-I (a) Subproject Name: Weld County Subproject No. : 16-047 6.10 Minority and Women Business Enterprises(24 CFR 570.506(g)(6)). To the greatest extent feasible, the Grantee and Subgrantee(if applicable)will take affirmative steps to assure that minority business and women's business enterprises have an equal opportunity to obtain or compete for subcontracts to be paid with CDBG-DR funds. 6.1 1 Uniform Relocation Act(URA). Grantee and Subgrantee are required to follow a URA Residential Anti-displacement and Relocation Assistance Plan when designing their programs in that obligations related to voluntary and involuntary property acquisition activities for vacant and abandoned property apply.Grantee shall follow the alternative relocation requirements associated with these Grant Funds,which are specified in the March Notice. Page 10—Subproject Scope of Work RE: COMMUNITY DEVELOPMENT BLOCK GRANT FOR DISASTER RECOVERY (CDBG- DR) HOUSING GRANT AGREEMENT SIMI SCATTEST: BOARD OF COUNTY COMMISSIONERS Weld C'i u t Clerk to the =oard WELD COUNTY, COLORADO BY: Deputy CI to the B J�)• I"""mo Mike Freeman, Chair s La� APR 13 21016 APPROVED AS TO FUNDI r G. Q�/ /� ' Controller14c% SiPPROvEDAsjsTANCE: Elected Official or Department Head _.APPROVED S TO FORM: /V/A Director of General Services c1 {��lc County Attorney CJ 020/x- /o275t6) COLORADO STAFF Sul SE ONLYREAS ARE FOR CO Department of Date Received TM Local Affairs Community Development Block Grant— Disaster Recovery Division of Housing Project# Application for: Household Assistance AMOUNT REQUESTED: $ Loan $ 712,300 Grant APPLICANT INFORMATION Organization Name and Address: Sub-grantee Name and Address, Weld County if applicable: P.O. Box 758 Greeley CO 80632 Chief Elected Official, Executive Director, or President: Applicant Federal Tax ID#:84-000813 Name: Mike Freeman DUNS #:075757955 Title: Chair To register: https://www.bpn.gov/ccr/default.aspx Address (if different from above): Type of Organization (check many apply) Phone#: 970 336-7204 yP 9 as as a 1 Fax#: 970 336-7233 x4021 Email: mfreeman@weldgov.com x Municipality/County/Consortia Designated Contact Person for Application: Nonprofit Name: Thomas Teixeira CHDO (Community Housing Development Title: Executive Director Organization) Address (if different from above): P. O. Box 130 CBDO (Community Based Development Greeley CO 80632 Organization) Phone#: 970 353-7437 x103 Public Housing Authority #: 970 353-6374 Email: tom(ai7greeley-weldha.orq Private For-Profit Developer PROGRAM INFORMATION • -�- Project Name: _Weld County Flood Housing Recovery L. Yl " 1Z DW TYPES OF ACTIVITIES (check all of the activities involved in project or program and the amount of funds requesting towards each activity) ✓ Activity $ Requested towards Activity X Temporary Rental Assistance and Relocation $163,800 X Housing Purchase (Down Payment Assistance) $260,000 X Housing Repairs (Single Family Rehabilitation) $288,500 Clearance and Demolition Private Roads and Bridges ESTIMATED BENEFIT (indicate the estimated number of units that will be assisted and how many units will benefit low-to-moderate beneficiaries) ✓ Activity ' _ . #Units #LMI Units % LMI x Temporary Rental Assistance and Relocation 17 17 100 x Housing Purchase (Down Payment Assistance) 5 5 100 x Housing Repairs (Single Family Rehabilitation) 6 6 90 Clearance and Demolition Private Roads and Bridges N/A N/A CONSISTENCY WITH COMMUNITY RECOVERY PRIORITIES Describe efforts made to develop community priorities for disaster recovery and this project's impact on those priority efforts. We have been working with Weld Recovers. Weld Recovers is the long-term, community recovery committee working to address the ongoing needs of flood victims throughout the county. The mission of Weld Recovers is to foster the long term, unmet, flood recovery needs within the Weld County community by providing the help, healing, and hope necessary to rebuild our community to a new level of safety and stability following the September 2013 floods. We are working collaboratively with both the executive committee and hands on with the case management, unmet needs and the construction committee. Although the Weld Recovers case management staff has been reduced they will have a staff person until the end of March and we have been assured that information from client files will be available after March. We will continue our coordination and collaboration with Weld Recovers requiring all applicants for CDBG-DR funds to be registered with Weld Recovers and will accept clients referred to us by Weld Recovers. **Attach Long Term Recovery Group Support Letter or Certification of Consistency With Community Recovery Priorities. PROJECT INFORMATION SHEET , • PROJECT DESCRIPTION (100 words or less): The goals of our request for CDBG-DR funds is to assist the households impacted by the flood in meeting their unmet needs and hopefully assist them improve their living conditions. This is a three part effort and will consist of a request for Temporary Rental Assistance (TRA), Housing Repair (Single Family Rehabilitation) and Housing Purchase (Down Payment Assistance DPA). In some instances households may be eligible for more than one of these programs. We will work with our long-term community recovery committee (Weld Recovers) to screen applicants for needs and screen out possible duplication of benefits. Households with special needs elderly, handicapped or those at 30% of AMI or below will be given priority for service. We will accomplish this using our current staff which has extensive experience in rent assistance, housing rehabilitation and down payment assistance. Our goal is to assist families in achieving permanent safe and sanitary housing. NARRATIVE This application may include multiple disaster recovery programs to be administered simultaneously. The narrative should describe each of the programs for which you request funds, and if applicable, how those programs will work together to achieve the disaster recovery goals of your community. Please include the following: 1. Types of Housing Programs: We have utilized a synergistic approach to assist families in their need for decent housing. By this we mean that a family may have utilize the rent assistance program while their home was being repaired by the housing rehabilitation program or even by community volunteers if that is determined to be the most efficient and cost saving method. Likewise families have utilize rent assistance while making preparation to purchase a home. Maximum subsidy amounts will be observed in all cases. a. Temporary Rent Assistance (TRA): Applicants have been accepted upon referral from the Weld Recovers case management committee. If a client applied directly to the Weld County Housing Authority (WCHA) they were referred to Weld Recovers to ensure they complete registration and received case management services, while simultaneously being processed for assistance through the CDBG-DR funded programs. Residence at the time of the flood was verified along with income and back ground checks on all adults in the family. The families have been briefed on the details and rules of the program including the fact that the initial period of subsidy was one year to provide a time period to find housing. Based on the established Section 8 program operated by WCHA, we utilized existing section 8 forms to determine rent and utilities provided so that a total tenant payment could be determined. Preference on initial processing of applicants was given to those households at or below 30% of AMI and to the elderly and handicapped. All clients were required to participate in case management with Weld Recovers and those without permanent housing prospects will continue to be required to seek permanent affordable rental housing based on referrals to existing properties such as tax credit or Section 8 tenant or project based. The dislocation of more than 250 families needing shelter could not have happened at a worse time. The rental market in Weld County and specifically the Greeley /Evans area was already being pressured by the growing oil industry which created historic low vacancy rates. Vacancy rates below three percent have resulted in a significant increase in rents. The newer large multi-family units are now charging between $900.00 - $1,000 per month for a two bedroom apartment. Smaller landlords and property management companies have raised their rents to reflect what the market will sustain. We have utilized a payment standard of 110% of the fair market rents and still clients have had difficulty in securing acceptable housing in the current rental market. We currently have 17 families on rent assistance from a total 25 families that had received assistance. Some of our clients received permanent housing. We are asking for funding to provide funding for the current 17 families who have not fully utilizes either the funding available to them or the 24 months of assistance Single Family Rehabilitation SFOO: Applicants were accepted upon referral from Weld Recovers case management committee. Applicants who present themselves and who were not registered with Weld Recovers were instructed to do so, but were processed for assistance with WCHA staff simultaneously. Current Housing Authority SFOO staff will perform intake for income, and ownership both current and at time of the flood. After this has been verified an inspection of the property will be coordinated with the homeowner. This agency has partnered with the Greeley Urban Renewal Authority (GURA) to perform the initial inspection, preparation of statement of work, bidding the job in accordance with CDBG guidelines, consulting with the homeowner at all stages, monitoring the construction and final walk through with the homeowner. The contractor will be under contract with the homeowner and the necessary loan documents and deed of trust will be between the Housing Authority and the homeowner. GURA's established rehabilitation program operates well in partnership with WCHA, and has performed extensive rehabilitation for the Neighborhood Stabilization Program, as well. At this time we have completed two house replacements and have one replacement in progress and two replacements on hold due to funding. We are also processing two reimbursement claims for repairs performed with nonfederal funds. Obtaining environmental clearance in the flood zone has been a long process. b. Down Payment Assistance DPA: Applicants were accepted upon referral from Weld Recovers. Applicants who present themselves and were not registered with Weld Recovers were instructed to do so. Current Housing Authority Staff will perform intake for income, residence at the time of the flood and where the family is in the home buying process. First time homebuyers will be required to take a CHFA homebuyer class. The Authority will then work with the first mortgage lender requesting copies of loan application, contract, verification of income, and verification of debt. In accordance with DOH Revolving Loan Fund Program guidelines and using the current good practice housing ratios we will determine the amount of down payment required. The house will be inspected for Housing Quality Standards and the applicable loan documents will be prepared. A representative from the Authority will attend the closing. At the present time seven down payment awards have been made and we currently have five applications. 2. Location: describe the geographic area the program(s) will serve. a. The area is Weld County with priority to City of Evans, Town of Milliken (note SFOO programs in Milliken will be performed by the Loveland Housing Authority) and Town of Frederick. 3. Population/National Objective served: each activity funded, except for program administration and planning activities, must meet one of three national objectives. This project will serve: Z Benefit to low- and moderate- income (LMI) persons; and/or ❑ Aid in the prevention or elimination of slums or blight; and/or ® Meet a need having a particular urgency (referred to as urgent need). Funding for the programs requested will Benefit LMI persons and families. There is an urgent need to provide displaced persons and families with decent housing. 4. Consistency with Local Disaster Recovery Priorities: How is the project consistent with the disaster recovery priorities established by the impacted community? (please attach a copy of the local recovery leadership group's priorities for recovery activities) a. A Copy of Weld Recovers priorities is attached. 5. Local, State and Federal subsidies: Flood victims have received FEMA direct aid and Small Business Administration loans. In addition some victims have received aid from Weld County Human Services. 6. "Green Build" Greeley Urban Renewal Authority which will supervise SFOO have extensive experience in CDBG single family rehabilitation and the Neighborhood Stabilization Program both of which require Green Build Standards. 7. Management Experience: Weld County Housing Authority currently managers a Housing Choice Voucher (HCV, Section 8) Program with 427 families authorized, a Single Family Rehabilitation Program with a dozen projects completed this year and a Down Payment Assistance Program. The combined staff of the Greeley / Weld Housing Authorities managers an additional 446 Housing Choice Vouchers, a Low Rent Public Housing Program and three tax credit properties. In addition our partnership with GURA brings construction and rehabilitation management expertise. 8. Intake: provide program guidelines, outreach/marketing efforts, and applicant intake process (please attach a copy of the intake form, or electronic intake system information) a. Outreach will be accomplished with information provided to the case managers at Weld Recovers. Weld County Human Services, United Way's Housing and Emergency Services Committee, Salvation Army, Catholic Charities and the Cities and Towns in Weld County. County Web Site and Housing Authority Web Site. b. We will advertise in Newspapers and on Radio in English and Spanish. c. Current Housing Authority forms for rent assistance, single family rehabilitation and down payment assistance will be used or modified for use. Any additional forms needed will be modified based on those used by neighboring flood impacted areas or from the CDBG-DR toolkit. 9. Priority: Describe how applications will be prioritized for assistance a. Priority will be given for Rent Assistance and for Single Family Rehabilitation for those families at or below 30% AMI and to elderly or handicapped families. 10.Duplication of Benefits: describe the insurance verification/Duplication of Benefits review process (please attach a copy of the policy and/or analysis form —see Attachment C) a. We are requiring all applicants to be registered with Weld Recovers which has access to the CANS program which will have a record of all FEMA payments. We will coordinate with Weld Recovers on reports available from the CANS system to document benefits received. 11.Income Verification: provide the income verification process (e.g. Section 8 Part 5, which is used by DOH as the safe harbor method, and the Tenant Income Certification (TIC) Form provided by Colorado Housing and Finance Authority) Housing Authority currently uses Part 5 for all Federal Programs in addition we utilize the Tenant Income Certification (TIC) for our tax credit properties. 12.Ownership: describe the method of establishing ownership and occupancy at the time of the flooding a. We will utilize Weld County Property Records to establish ownership at time of the flood. For renters we will use FEMA records either from applicant or from Weld Recovers. 13.Beneficiary Eligibility: provide the formula or method that will be used for determining individual awards. (please reference the CDBG-DR Revolving Loan Fund (RLF) Guidelines and the Temporary Rental Assistance and Relocation Program Guidelines where applicable) a. For Rent Assistance TRA The Authority will use the method at attachment Q to determine a monthly rent subsidy. Note this method is similar to Section 8 rent determination with less income deductions. b. For the Single Family Rehabilitation Program SFOO we will use the lowest contractor bid on the Statement of Work to repair flood damage. Observing 50% of pre-flood property value limitation. c. For the Down Payment: We will look at subsidy as the necessary amount to fill the gap from what the purchaser can afford and cost to complete the purchase. 14.Pre-Agreement Costs: describe costs incurred for this disaster recovery program prior to the submission of this application for funds and your organization's capacity to absorb them. Does your application include a request for reimbursement of these incurred expenses? (please attach a detailed analysis of those disaster recovery costs for which you request reimbursement, incurred between September 12, 2013 and the date of this application) We will attach a sheet detailing cost prior to the application. 15.Project Timeline: include a timeline for the work to be completed for each program, including: a. Application intake period b. Awards determination c. Start of actual rehabilitation d. End of actual rehabilitation e. Timely expenditure of funds (expected fund draw schedule of CDBG-DR funds) (1). TRA a. Application: Closed b. Determination: Feb 1, 2016 — Jan 31, 2017 c .Rent Payment: Febl, 2014 - Jan 31, 2017 d. End Jan 31, 2017 (2). SFOO a. Application Closed b. Determination: Feb 1,2016 - Jan 31, 2017 c. Rehab Start: On going d. Rehab End: Jan 31, 2017 (3). DPA a. Application Feb 1, 2016 - Sep 30, 2016 b. Award Feb 1, 2016 - Dec 31, 2016 c. End Jan 31, 2017 16.Monitoring — Home Repair Programs ONLY: Describe the monitoring efforts of the rehabilitation/s process and include a time line for the work to be completed and adhere to all building codes. (i.e. Local Building Inspectors process and completion of inspection.) Permits from the appropriate building department will be required for all rehabilitation work. Inspections will be confirmed with the applicable building department and Greeley Urban Renewal will inspect progress of work and will be responsible for final inspection prior to payment of contractor. We will also use all monitoring documents and polices provided by the State. Hello