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HomeMy WebLinkAbout132026 NORTHERN COLORADO HEALTH NETWORK - CONTRACT - CONTRACT - 6606231R43500 CITY OF FORT COLLINS Purchase Order Date: 10/03/06 Purchase Order Print Page Number: 1 Purchase Order Number 6606231 - 000 - OP Reference Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Vendor Number 132026 MVISNIC@fcgov.com Ship To CDBG CITY OF FORT COLLINS NORTHERN COLORADO HEALTH NETWORK INC 281 N COLLEGE AVE 400 REMINGTON #100 FORT COLLINS CO 80521 FORT COLLINS CO 80524 Requested Delivery: 09/29/06 Line Description / Supplier Item 1.000 1 LOT FY 2006 PUBLIC SVC CONTRACT Case Management & Homelessness Prevention Program CDBG portion $2,591 HSP portion $16,409 Total Order Quantity UOM Unit Price LS .0000 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $2000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 Phone: 970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com 2,591.00 Buyer STEPHEN, JOHN Extended Price 2,591.00 402 Account Number 40287262.529290.0 Mail Invoices in duplicate to: City of Fort Collins Accounting Department PO Boa 580 Fort Collins, CO 80522-0580 PUBLIC SERVICE AN AGREEMENT, by and between the City of Fort Collins hereinafter referred to as "City" and NORTHERN COLORADO AIDS PROJECT, hereinafter referred to as "Subrecipient", by which the Subrecipient agrees to carry out specific activities under the City's Community Development Block Grant (CDBG) Program and establishing certain other terms and conditions of operation. The City, as recipient of a Community Development Block Grant (CDBG) from the United States Department of Housing and Urban Development (HUD), hereby designates the Subrecipient to undertake, and the Subrecipient hereby agrees to undertake the activities specifically described in the application and summarized below: A. General Statement Northern Colorado AIDS Project will use $2,591 of CDBG funding and $16,409 in Human Services Program funding for a total of $19,000 to be used in the following manner: $2,000 will be used for emergency rent or mortgage payments, $2,000 will be used for emergency utility assistance, $4,000 will be used for assistance with medications, insurance and co -pays, $11,000 will be used to supplement the salaries of two Case Managers benefiting low-income individuals and/or households coping with HIV/AIDS. The services provided will be in accordance with Northern Colorado AIDS Project's Spring 2006 Competitive Process proposal, and as approved by City Council on May 16, 200 6. B. Subrecipient Shall: Northern Colorado AIDS Project will provide a suitable living environment by providing access to quality service, education, counseling and support, advocacy, financial assistance and referrals in order to increase quality of life, stability and self-sufficiency for individuals and families impacted by the effects of HIV/AIDS. The project will serve 149 individuals. Type of Project Public Service Project Location 400 Remington Street STE 400 Fort Collins CO 80524 Matrix Code: 03T, 055, 05Q Public Service Basic EIigible Activity 24 CFR 570.201(e): Public Service Funded Amount $19,000 Fiscal Year: 2006 Service Area Fort Collins National Objective: LMC The term of this Agreement is October 1, 2006 through September 30, 2006, but may be extended should additional time for auditing this project be required, in accordance with law, this Agreement shall be deemed automatically extended until such time as the said audit shall be completed. Notwithstanding other provisions of this agreement, the term of this Agreement shall cover the period that the Subrecipient has control over Community Development Block Grant funds, including program income. The Subrecipient shall submit such reports as required by the City to meet its local obligations and its obligation to the Department of Housing and Urban Development. The City will prescribe the report format, as well as the time and location for submission of such reports. Required reports include but are not limited to the following: (A) Quarterly reports which shall include the progress made to date, or justification for lack of progress, in providing the services specified in Article 1, Section 1 Scope of Services, of this Agreement. (B) Quarterly reports on demographic and income information regarding persons assisted by the Subrecipient through this Agreement. (C) Close out reports including a final performance report, inventory of all property acquired or improved with CDBG funds, and final financial report, upon termination or completion of the award. The City shall reimburse the Subrecipient its allowable costs for the services identified in this Agreement not to exceed NINETEEN THOUSAND AND NO/100 DOLLARS (S19,000.00) upon presentation of properly executed reimbursement forms as provided or approved by the City. IN Such reimbursement shall constitute full and complete payment by the City under this Agreement. Allowable costs shall mean those necessary and proper costs identified in the Subrecipient's application and approved by the City unless any or all such costs are disallowed by the State of Colorado or the United States Department of Housing and Urban Development. Any reimbursements made under this Agreement must comply with the applicable requirements of 24 CFR Part 85. The Subrecipient may not request disbursement of funds under this Agreement until the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount needed. Budget Summary: Time of Payment: Payment shall be made upon receipt of reimbursement request documents mailed to: CDBG Program, Advance Planning Department, City of Fort Collins, P. ®. Box 580 (281 N. College), Fort Collins CO 80522-0580. Where Payments Are Made: Payments shall be made to: Northern Colorado AIDS Project, 400 Remington #400, Fort Collins CO 80524. The Subrecipient shall apply the funds received from the City under this Agreement in accordance with the parameters outlined in the Scope of Services (Article 1, Section 1). Any line -item expense, by itself or in combination with any other line item expense change, equal to or greater than 10% of the total budget amount over the life of the Agreement shall require a formal amendment to the Agreement. Any request for a line -item expense, by itself or in combination with any other line item expense change, equal to or less than 10% of the total budget amount shall be submitted in writing and shall specifically state the reasons for the requested increase and a justification for the corresponding decrease in other line-item(s). All budget revision and/or amendment requests will be reviewed and approved or denied by the City. All costs shall be supported by properly executed payrolls, time records, invoices, vouchers or other official documentation, as evidence of the nature and propriety of the charges. All accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible, and upon reasonable notice, the City and United States Department of Housing and Urban Development shall have the right to audit the records of the Subrecipient as they relate to the work. The Subrecipient shall also: (A) Maintain an effective system of internal fiscal control and accountability for all CDBG funds and property acquired or improved with CDBG funds, and make sure the same are used solely for authorized purposes. (B) Keep a continuing record of all disbursements by date, check number, amount, vendor, description of items purchased and line item from which money was expended, as reflected in the Subrecipient's accounting records. The line item notations must be substantiated by a receipt, invoice marked "Paid," or payroll record. (C) Maintain payroll, financial, and expense reimbursement records for a period of five (5) years after receipt of final payment under this Agreement. W (D) Permit inspection and audit of its records with respect to all matters authorized by this Agreement by representatives of the City, the State Auditor or the United States Department of Housing and Urban Development at any time during normal business hours and as often as necessary. (E) Inform the City concerning any funds allocated to the Subrecipient, that the Subrecipient anticipates will not be expended during the Agreement period, and permit reassignment of the same by the City to other subrecipients. (F) Repay to the City any funds in its possession at the time of termination of this Agreement that may be due to the City or the United States Department of Housing and Urban Development. (G) Maintain complete records concerning the receipt and use of all program income. Program income shall be reported on a monthly basis on forms provided by the City. The City shall reimburse the Subrecipient only for actual incurred costs upon presentation of properly executed reimbursement forms approved by the City. Only those allowable costs directly related to the Agency's application, approved by the City shall be paid consistent with Article II, Section 2. Documentation of Costs and Other Financial Reporting. The amount of each request must be limited to the amount needed for payment of eligible costs. In the event the City or United States Department of Housing and Urban Development determines any funds were expended by the Subrecipient for unauthorized or ineligible purposes or the expenditures constitute disallowed costs in any other way, the City or United States Department of Housing and Urban Development may order repayment of the same. The Subrecipient shall remit the disallowed amount to the City within thirty (30) days of written notification of the disallowance. (A) The Subrecipient agrees that funds determined by the City to be surplus upon completion of the Agreement will be subject to cancellation by the City. (B) The Subrecipient agrees that upon expiration of this Agreement, the Subrecipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. (C) The City shall be relieved of any obligation for payments if funds allocated to the City cease to be available for any cause other than misfeasance of the City itself. (D) The City reserves the right to withhold payments pending timely delivery of program reports or documents as may be required under this Agreement. Use of any program income received by the Agency with CDBG funds under this Agreement shall comply with 24 CFR 570.504 (c). M. All Subrecipients providing direct benefit services shall provide such services to benefit extremely low, very low, and low income persons to the maximum extent feasible (but not less than 51 %). Individual persons or families provided a specific direct benefit or service must qualify under current income eligibility limits (% of AMI) as established by HUD. Any deviation can be made only if it is clear that the service or benefit, to a person whose income exceeds very low and low income persons, is otherwise necessary as an integral part of the activity. The Subrecipient shall maintain records that clearly document the income range and household size of the persons it serves. Furthermore; the Agency shall maintain records documenting if the person being served is a female head of household, and/or is an ethnic/racial minority. (A) Subrecipients which are governmental entities (including public agencies), shall comply with the requirements and standards of OMB Circular No. A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments" OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR Part 44) and with the following sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments": (1) Section 85.3, "Definitions"; (2) Section 85.6, "Exceptions"; (3) Section 85.12, Special grant or subgrant conditions for "high -risks' grantees"; (4) Section 85.20, "Standards for financial management system," except paragraph (a); (5) Section 85.21, "Payment", except as modified by 570.513; (6) Section 85.22, "Allowable costs"; (7) Section 85.26, "Non-federal audits"; (8) Section 85.32, "Equipment", except in all cases in which the equipment is sold, the proceeds shall be program income; (9) Section 85.33, "Supplies"; (10) Section 85.34, "Copyrights"; (11) Section 85.35, "Subawards to debarred and suspended parties"; (12) Section 85.36, "Procurement", except paragraph (a); (13) Section 85.37, "Subgrants"; (14) Section 85.40, "Monitoring and reporting program performance", except paragraphs (b) through (d) and (f); (15) Section 85.41, "Financial reporting", except paragraphs (a), (b), and (e); (16) Section 85.42, "Retention and access requirements for records", except that the period shall be four (4) years; (17) Section 85.43, "Enforcement"; (18) Section 85.44, "Termination for convenience"; (19) Section 85.51, "Later disallowances and adjustment"; and (20) Section 85.52, "Collection of amounts due". (B) Subrecipients, except Subrecipients which are governmental entities, shall comply with the requirements and standards of OMB Circular No. A-122, "Cost Principles for Non -Profit Organizations" or OMB Circular No. A-21, "Cost Principles for Educational Institutions, as applicable, and OMB Circular A-133 "Audits of Institutions of Higher Education and Other Nonprofit Institutions" (as set forth in 24 CFR part 45). Audits shall be conducted annually. Such agencies shall also comply with the following provisions of the Uniform Administrative requirements of OMB Circular No. A-110 (implemented at 24 CFR part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals or Other Non -Profit Organizations") or the related CDBG provision, as specified below: (1) Subpart A, - "General"; (2) Subpart B, - "Pre -Award Requirements," except for § 84.12, "Forms for Applying for Federal Assistance"; (3) Subpart C-"Past-Award Requirements," except for: (i) Section 84.22, "Payment Requirements," Grantees shall follow the standards of §§85.20(b)(7) and 85.21 in making payments to subrecipients; (ii) Section 84.23, "Cost Sharing and Matching"; (iii) Section 84.24, "Program Income." In lieu of §84.24, CDBG subrecipients shall follow §570.504; (iv) Section 84.25, "Revision of Budget and Program Plans"; (v) Section 84.32, "Real Property." In lieu of §84.32, CDBG subrecipients shall follow §570.505; (vi) Section 84.34(g), "Equipment." In lieu of the disposition provisions of §84.34(g), the following applies: (a) In all cases in which equipment is sold, the proceeds shall be program income (prorated to reflect the extent to which CDBG funds were used to acquire the equipment); and 301 (b) Equipment not needed by the Subrecipient for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; (vii) Section 84.51 (b), (c), (d), (e), (f), (g), and (h), "Monitoring and Reporting Program Performance"; (viii) Section 84.52, "Financial Reporting"; (ix) Section 84.53(b), "Retention and access requirements for records." Section 84.53(b) applies with the following exceptions: (a) The retention period referenced in §84.53 (b) pertaining to individual CDBG activities shall be five years; and (c) The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; (x) Section 84.61, "Termination." In lieu of the provisions of §84.61, CDBG subrecipients shall comply with §570.503(b)(7); and (4) Subpart D-"After-the Award Requirements," except for §84.71, "Close-out Procedures." In addition to, and not in substitution for, other provisions of this Agreement regarding the provision of services utilizing CDBG funds the Subrecipient agrees that, in connection with such services: (A) It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; (B) It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; (C) It will provide no mandatory religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such services; The Subrecipient shall comply with Executive Order 11246 as amended by Executive Order 12086 and the regulations issued pursuant thereto (41 CFR Chapter 60) will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status, or status with regard to public assistance. The Subrecipient will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The 7 Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action Employer. Where employees are engaged in activities not covered under the Occupational Safety and Health Act (OSHA) of 1970, they shall not be required or permitted to work, be trained or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous or dangerous to the participants' health or safety. Funding under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701 u. The Agency agrees to comply with provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department of Housing and Urban Development issued thereunder. The Agency agrees that they are under no contractual or other disability which would prevent them from complying with these requirements. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and agreements for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in, the area of the project. Section 3 applies to training, employment, contracting and other economic opportunities arising in connection with the expenditure of housing assistance and community development assistance that is used for the following projects: 1. Housing rehabilitation (including reduction and abatement of lead based paint hazards, but excluding routine maintenance, repair and replacement); 2. Housing construction; and 3. Other public construction. SECTION 4 FEDERAL STANDARDS fR MINORITY AND i, BUSI\ The Subrecipient will use its best efforts to afford minority and women -owned business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "minority and female business enterprise" means a business at least fifty- one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans and American Indians. The Subrecipient may rely on written representations by Subrecipients regarding their status as minority and female business enterprises in lieu of an independent investigation. No member, officer, or employee of the Subrecipient, or its designees or agents, no member of the governing body of the City of Fort Collins, and no other public official, employee, or Board or Commission member of the City of Fort Collins, who exercises any function or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or any Subagreement, hereto or the proceeds thereof. Any potential conflict on the part of any of these parties shall be disclosed to representatives of the City's CDBG Program or the City's Attorney's Office. DISPLACEMENT,SECTION 8. ,, Q / REPLACEMENT OF O" The Subrecipient shall comply with the requirements relating to displacement, relocation acquisition and replacement of housing (24 CFR Part 570.606). Displacement of persons (families, individuals, businesses, non-profit organizations and farms) as a result of activities assisted with CDBG funds is generally discouraged. The Agency shall comply with the requirements of the Davis -Bacon and Related Acts (DBRA) when the contract for construction, alteration, and/or repair exceeds $2,000, is federally assisted, and involves the employment of laborers and/or mechanics to perform the work. The Subrecipient shall comply with HUD Lead -Based Regulations (24 CFR Part 35 et al) issued in the Federal Register, September 15, 1999 which require elimination, as far as practical, of immediate hazards, due to the presence of paint in residential structures which may contain lead to which children under seven years of age may be exposed. (A) The Subrecipient shall not, on the grounds of race, color, sex, religion, national origin, creed, marital status, or age: (1) Deny a qualified individual any facilities, financial aid, services or other benefits provided under this Agreement; (2) Provide any facilities, services, financial aid, or other benefits which are different, or are provided in a different manner, from those provided to others under this Agreement; (3) Subject an individual to segregated or separate treatment in any facility in, or in any matter if process related to receipt of any service or benefit under this Agreement; (4) Restrict an individual in any way in access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with any service or benefit under this Agreement; (5) Treat anyone differently from others in determining if they satisfy any admission, enrollment, eligibility, membership or other requirement or condition which the individual must meet to be provided a service or benefit under this Agreement; (6) Deny anyone an opportunity to participate in any program or activity as an employee which is different from that afforded others under this Agreement. (B) The Subrecipient shall abide by all applicable provisions of Section 504 of the HEW Rehabilitation Act of 1973 as amended (implemented in 24 CFR part 8) prohibiting discrimination against handicapped individuals, and the Age Discrimination Act of 1975 9 (implemented in 24 CFR part 146) prohibiting discrimination on the basis of age, either through purpose or intent. (C) If assignment and/or subcontracting has been authorized in writing, said assignment or subcontract shall include appropriate safeguards against discrimination in client services binding upon each contractor or subcontractor. The Subrecipient shall take such action as may be required to ensure full compliance with the provisions of this section, including sanctions for noncompliance. ARCHITECTURALSECTION 12. BARRIERSDISABILITIES The Subrecipeent shall meet the requirements, where applicable, of the Architectural Barriers Act and the Americans with Disabilities Act, as set forth in 24 CFR 570.614. A building or facility designed, constructed, or altered with funds allocated or reallocated under the CDBG program after December 11, 1995 and that meets the definition of "residential structure" as defined in 24 CFR part 40.2 or the definition of "building" as defined in 41 CFR part 101-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 USC 4151-4157) and shall comply with the Uniform Federal Accessibility Standards (Appendix A to 24 CFR part 40 for residential structures, and Appendix A to 41 CFR part 101-19, subpart 101-19.6, for general type buildings). The Americans with Disabilities Act ("ADA") (42 USC 12131; 47 USC 155, 210, 218 and 255) requires that the design and construction of facilities for first occupancy after January 26, 1993 must include measures to make them readily accessible and usable by individuals with disabilities. The ADA further requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable -- that is, easily accomplishable and able to be carried out without much difficulty or expense. The Subrecipient shall ensure recognition of the role of the City in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. Such labeling and/or reference shall include the following credit line: "Funding for programs or projects of this agency has been provided in part by the Community Development Block Grant (CDBG) Program through the City of Fort Collins." The Subrecipient shall carry out each activity in compliance with all Federal laws and regulations described in Subpart K of 24 CFR 570, regardless if the law is specifically stated in this Agreement, except that: (A) The Subrecipient does not assume the City's environmental responsibilities described in Section 570.604; and (B) The Subrecipient does not assume the City's responsibility for initiating the review process under Executive Order 12372. 10 The Subrecipient, in performance of this Agreement, agrees to comply with all applicable Federal, State and Local Laws and ordinances, and the rules and regulations promulgated by the U.S. Department of Housing and Urban Development, including but not limited to Federal Community Development Block Grant Regulations and other policies and guidelines established for the City of Fort Collins CDBG Program. Subrecipient agrees to comply with all provisions of the Americans with Disabilities Act and all regulations interpreting or enforcing such act. SECTION 1.2 COMPLIANCE WITH C.R.S. § 24-76.5-103 (HB1023): Proof of Lawful Presence Subrecipient acknowledges that the CDBG funds are a "public benefit" within the meaning of C.R.S. § 24-76.5-103. As such, the Subrecipient shall ensure compliance with C.R.S. § 24-76.5-103 by performing the required verifications. Specifically, when required the Recipient shall ensure that: a. If the public benefit provided by the funds flows directly to a natural person (i.e., not a corporation, partnership, or other legally -created entity) 18 years of age or older, he/she must do the following: (i) complete the affidavit attached to this Agreement as Exhibit B. (ii) attach a photocopy of the front and back of one of the following forms of identification: a valid Colorado driver's license or Colorado identification card; a United States military card or military dependent's identification card; a United States Coast Guard Merchant Mariner identification card; or a Native American tribal document. b. If an individual applying for the benefits identified herein executes the affidavit stating that he/she is an alien lawfully present in the United States, Subrecipient shall verify his/her lawful presence through the federal systematic alien verification or entitlement program, known as the "SAVE Program," operated by the U.S. Department of Homeland Security or a successor program designated by said department. In the event Subrecipient determines through such verification process that the individual is not an alien lawfully present in the United States, the Recipient shall not provide benefits to such individual with CDBG funds. City acknowledges that the Scope of Services provided by Subrecipient herein may fall within several exceptions to the verification requirements of C.R.S. § 24-76.5-103 for non- profits. For example, certain programs, services, or assistance such as, but not limited to, soup kitchens, crisis counseling and intervention, short-term shelter or prenatal care are not subject to the verification requirements of C.R.S. § 24-76.5-103. SECTION 1.3 COMPLIANCE WITH C.R.S. § 8-17.5-101 (HB 1343): Prohibition Against 11 Employing Illegal Aliens Subrecipient represents and agrees that: 1. As of the date of this Agreement: A. Subrecipient does not knowingly employ or contract with an illegal alien; and B. Subrecipient has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 1.08th Congress, as amended, administered by the United States Department of Homeland Security (the "Basic Pilot Program") in order to verify that Subrecipient does not employ any illegal aliens. 2. Subrecipient shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Subrecipient that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. 3. Subrecipient shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) months thereafter, until Subrecipient is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. 4. Subrecipient is prohibited from using Basic Pilot Program procedures to undertake pre- employment screening of job applicants while this Agreement is being performed. 5. If Subrecipient obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Subrecipient shall: A. Notify such subcontractor and the City within three days that Subrecipient has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and B. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Subrecipient shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 6. Subrecipient shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. 12 7. If Subrecipient violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Subrecipient shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. 8. The City will notify the Office of the Secretary of State if Subrecipient violates this provision of this Agreement and the City terminates the Agreement for such breach. The Subrecipient agrees to comply with and to obtain at its own expense, if necessary, all applicable Federal, State, County or Municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. In the event of an investigation or suspension regarding any licensing related to the services for which the City is providing funding under this Agreement, the City may terminate this Agreement and withhold all further Agreement funds. In addition, monies already received under the terms of this Agreement, may be owed back to the City. The City may also declare the Subrecipient ineligible for any further participation in City Community Development Block Grant (CDBG), HOME Investment Partnership, Affordable Housing Fund or Human Services Program Agreements. The Subrecipient agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting from there, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Subrecipient, its subcontractors, agents, successor, assigns. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. Any notices required to be given by the City to the Subrecipient or by the Subrecipient to the City shall be in writing and delivered to the following parties at the following addresses: City: CDBG Program Advance Planning Department City of Fort Collins PO Box 580 (281 N. College - 80524) Fort Collins CO 80522-0580 Subrecipient: Nothern Colorado AIDS Project 13 400 Remington Street #400 Fort Collins CO 80524 The Subrecipient will have processes in place (satisfaction surveys, Board representation, grievance procedures, etc.) which receive, document and utilize the input from low-income persons potentially benefiting or affected by the program or project covered under this Agreement. The Subrecipient shall not assign or subcontract any portion of the services provided within the terms of this Agreement without obtaining prior written approval from the City. All terms and conditions of this Agreement shall apply to any approved subcontract or assignment related to the Agreement. Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence .of both parties. In the event of a failure by the Subrecipient to comply, with any terms or conditions of this Agreement or to provide in any manner the activities or other performance as agreed to herein, the City reserves the right to temporarily withhold all or any part of payment pending correction of the deficiency, suspend all or part of the Agreement, or prohibit the Agency from incurring additional obligations of funds until the City is satisfied that corrective action has been taken or completed. The option to withhold funds is in addition to, and not in lieu of, the City's right to terminate as provided in Article IV Section 11 of the General Conditions of this Agreement. The City may consider performance under this Agreement when considering future awards. If the Subrecipient fails to comply with the terms and conditions of this Agreement, the City may pursue such remedies as are available in accordance with 24 CFR 85.43 including but not limited to, the termination of this Agreement in the manner specified herein. (A) Termination for Cause - If the Subrecipient fails to comply with the terms and conditions of this Agreement and any of the following conditions exist: (1) The lack of compliance with the provisions of this Agreement are of such scope and nature that the City deems continuation of this Agreement to be substantially non - beneficial to the public interest; 14 (2) The Subrecipient has failed to take satisfactory corrective action as directed by the City or its authorized representative within the time specified by same; (3) The Subrecipient has failed within the time specified by the City or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this Agreement. The City may terminate this Agreement in whole or in part, and thereupon shall notify in writing the Subrecipient of the termination, the reasons therefore, and the effective date. The effective date shall not be prior to notification of the termination by the City to the Subrecipient. Costs resulting from obligations incurred by the Subrecipient after termination of the Agreement are not allowable unless specifically authorized in writing by the City. (B) Termination for Convenience The award may be terminated for convenience, in whole or in part, as follows: (1) By the City with the consent of the Subrecipient. The two parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated, or (2) By the Subrecipient upon submitting written notification to the City. The written notification must set forth the reasons for the termination, the effective date, and in the case of partial termination, the portion to be terminated. However, in the case of a proposed partial termination, the City may terminate the award in its entirety if the City determines that the remaining portion will not accomplish the purpose for which the award was made. (C) Termination for Withdrawal, Reduction or Limitation of Funding In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this Agreement, and prior to its normal completion, the City may summarily terminate this Agreement as to the funds reduced or limited, notwithstanding any other termination provision of this Agreement. If the level of funding so reduced or limited is so great that the City of Fort Collins deems that the continuation of the program covered by the Agreement is no longer in the best interest of the public, the City may summarily terminate this Agreement in whole notwithstanding any other termination provisions of this Agreement. Termination under this Section shall be effective upon receipt of written notice by the Subrecipient or its representative. Upon termination of this Agreement, in whole or in part for any reason including completion of the project, the following provisions shall apply: (A) Upon written request by the Agency, the City shall make or arrange for payment to the Subrecipient of allowable reimbursable costs not covered by previous payments; ILI (B) The Subrecipient shall submit within thirty (30) days after the date of expiration of this Agreement, all financial, performance and other reports required by this Agreement, and in addition, will cooperate in a program audit by the City or its designee, (C) Closeout of funds will not occur unless all requirements of 24 CFR 92.507 and all outstanding issues with the general contractor and or subcontractor have been resolved to the satisfaction of the City SECTION 12. VENUE AND CHOICE OF LAW If either party to this Agreement initiates any legal or equitable action to enforce the terms of this Agreement, to declare the rights of the parties under this Agreement, or which relates to this Agreement in any manner, the City and the Subrecipient agree that the proper venue for such action is the Larimer County, Colorado, District Court. It is mutually understood and agreed that this Agreement shall be governed by the laws of the State of Colorado, both as to interpretation and performance. It is understood and agreed by the parties that if any part, term, or provision of this Agreement is held by the courts to be illegal or in conflict with any law of the state where made, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. This Agreement with any attachments, and the Subrecipient's corresponding application for the City's Competitive Process, incorporated by reference, constitute the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. 16 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of the most recent signatory. Date: im City Cl Attorney 05 1 �J Date: f'\\ \13 Board Secretary (Corporate Seal if appropriate) THE CITY OF FORT COLLIN COLORADO A Municipal Corporationi, By: Darin Atteberry, City Manager RM By: (- -'- - -- t Presid t. Board of Directors By: -V Executive Director Federal I.D. #: 84-1035151 I � ATTACHMENT A: BUDGET SUMMARY CDBG funds: $2,591 To be used for the reimbursement of salaries for two case managers Human Services Program funds: $16,409 To be used for the following: $8,409 Staff Salaries for two case managers $2,000 Emergency rent or mortgage payments $2,000 Utility assistance $4,000 Direct assistance for medications, insurance and co -pays go :. :11fMI AFFIDAVIT PURSUANT TO C.R.S.24-76.5-103 swear or affirm under penalty of perjury under the laws of the State of Colorado that (check one): I am a United States citizen, or I am a Permanent Resident of the United States, or I am lawfully present in the United States pursuant to Federal law. I understand that this sworn statement is required by law because I have applied for a public benefit. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. Signature Date INTERNAL USE ONLY: Valid Forms of Identification • current Colorado driver's license, minor driver's license, probationary driver's license, commercial driver's license, restricted driver's license, instruction permit • current Colorado identification card • U.S. military card or dependent identification card • U.S. coast guard merchant mariner card • Native American tribal document The following forms of identification may be accepted though February 28, 2007x • original birth certificate from any state of the United States • certificate verifying naturalized status by U.S. with photo and raised seal • certificate verifying U.S. citizenship by U.S. government, e.g., U.S. passport • order of adoption by a U.S. court with seal of certification • valid driver's license from any state of the U.S. or the District of Columbia, excluding AK, Hl, IL, MD, Ml, NE, NM, NC, OR, TN, TX, UT, VT and Wl • valid immigration documents demonstrating lawful presence, e.g., current foreign passport with current I-551 stamp or visa, current foreign passport with I-94, 1-94 with asylum status, unexpired Resident Alien card, Permanent Resident card or Employment Authorization card • A waiver may be available where no identification exists or can be obtained due to a medical condition, homelessness, or insufficient documentation to receive a Colorado I.D. or driver's license. Contact your department director. 19 0 111 *110 0X4t1 " Article I. Project 1. Scope of Services 2. Project Description 3. Term of Agreement 4. Program Reporting Article II. Financial Conditions 1. Budget and Compensation 2. Documentation of Costs and Other Financial Reporting 3. Reimbursement 4. Program Income Article III. Federal Conditions 1. Benefit to Low Income People 2. Uniform Administrative Requirements 3. Separation of Church and State 4. Federal Standards for Employment Practices 5. Local Employment and Purchasing 6. Federal Standards for Minority and Women -Owned Business Enterprises 7. Conflict of Interest 8. Displacement, Relocation, Acquisition and Replacement of Housing 9. Davis Bacon and Related Act 10. Lead Based Paint 11. Discrimination Prohibited 12. Architectural Barriers Act/Americans with Disabilities Act 13. Grantor Recognition 14. Other Program Requirements Article IV. General Conditions 1.1 Compliance with Laws 1.2 Compliance with C.R.S. 24-76.5-103 1.3 Compliance with C.R.S. 8-17.5-101 2. Licensing and Program Standards 3. Indemnity 4. Notices 5. Citizen Participation 6. Assignment and Subcontracting 7. Reservation of Rights 8. Amendments to Agreement 9. Failure to Perform 10. Termination 11. Close -Out 12. Venue and Choice of Law 13. Severability Clause 14. Integrated Document MCI City's Procurement Policy takenfrom the City of Fort Collins Purchasing Manual, Section V11, Pages 17-18, last revision 7194. SECTION VII-PROCUREMENT PROCEDURES AND REQUIREMENTS Part E — ComDetitive Bids The procedure by which bids are invited and award are made in the essence of Purchasing. The opportunity to bid is unrestricted and current information regarding the City' s requirements is readily available to any vendor requesting it. All City requirements over $1,000 will be subject to some form of competition, either by telephone requests, written quotations or formal written bids or proposals. Part F — Types of Solicitations Telephone or fax quotations will be conducted for any item(s) easily understood via telephone conversations and consisting of low dollar amounts or if the need is urgent. Pricing information will not be released until after all quotations are received and an award is made. Written quotations will be conducted for any complicated requirements or involving higher dollar amounts. Written quotations will not be advertised as a legal notice in the newspaper, but will be posted, showing the opening date, in Purchasing Office. Pricing information will not be released until after the quotation deadline, it which time all records become public information. Formal written bids will be conducted for any items or services with a purchase amount greater than $15,000. An invitation for bid will be issued which will include the date and time set for the opening and all procedures, conditions and terms applicable when submitting a bid. The invitation will also provide a description of the services and/or materials to be supplied. Public notice of the invitation for bid are made by posting in the purchasing office, recorded on City Line #493-2489, extension 61.1 and also listed on Cable Channel 27. Written addenda will be issued for clarification or changes to the original bid specifications with sufficient time allowed prior to the bid opening. Bids are opened publicly and bid opening are accessible to all interested parties. The envelopes in which the bids are received will be time stamped at the time of receipt. All bids received will be announced publicly. As the bids are opened, the bidder's name, the amount of the bid and such other relevant information as required will be read aloud and recorded on the bid tally form. The bid tally form and all copies of the bids will become public record and open to public inspection upon request. Bids may be withdrawn by the Bidder prior to the bid opening date and time. Mistakes in bids may be corrected by the Bidder prior to the opening time and date; no correction will be allowed after the opening unless it is obvious on the face of the bid. In the case of an extension mistake, unit prices will prevail over the extension. Bid evaluations will be conducted based on the requirements set forth in the invitation for bids and the specifications. The initial review for compliance will be performed by Purchasing and copies of all bids with the bid tally form will be forwarded to the department for final review and recommendation for award. Awards are completed to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation to bid and the specifications. Yearly contracts are completed by Purchasing (refuse collection, janitorial services, barricade rental, catering services, concrete replacement, asphalt, roadbase, gravel, sand, landscape maintenance, and snow removal services are a few). Copies of any annual bid are available from the Purchasing Office. City departments shall secrue goods and/or services from the awarded vendors for these annual bids, to enable us to ensure quality service and delivery to you. Part G — Bid Protests The City of Fort Collins has a formal Bid Protest procedure. A copy is included in this Manual as Attachment C. A copy of the Purchasing Manual may he viewed at the City of Fort Collins Purchasing Department, 256 West Mountain Avenue, Fort Collins, CO. CITY OF FORT COLLINS REQUIREMENTS OF SUBRECIPIENTS OF FEDERAL FUNDS The Single Audit Act Amendments of 1996 (the Act) and OMB Circular A-133 Audits of States, Local Governments, and Non -Profit Organizations (issued June 24, 1997) require organizations such as the City of Fort Collins which receive federal funding and pass this funding through in the form of subgrant recipients. In the case where a subrecipient expends in excess of $500,000 of federal funds, including pass -through funds from the City, the subrecipient must have its own Single Audit performed in accordance with the Act and OMB Circular A-133. Even when a subrecipient organization expends less than $500,000, the City is required to monitor the organization through procedures such as site visits, reviews of documentation supporting requests of reimbursement, and special audits. If your organization expended $500,000 or more of federal funds during your fiscal year, you need to arrange with your auditors to have a Single Audit performed. It is imperative that you communicate these requirements to your auditors prior to the commencement of your next audit. It is also recommended that you engage auditors who are familiar with the Single Audit Act Amendments of 1996, OMB Circular A-133, and Government Auditing Standards (also known as the "Yellow Book"), issued by the U.S. Comptroller General. hi accordance with Government Auditing Standards, audit firms are required to submit a copy of their latest Quality Review Report to you prior to being engaged as auditors. In instances where your organization has expended less than $500,000 during your latest fiscal year, the City will nevertheless perform certain monitoring procedures to determine your compliance with laws, regulations, and grant requirements. The City will consider various risk factors in developing subrecipient monitoring procedures for your organization including; the relative size and complexity of the federal awards administered by you, our prior experience with your organization, and the cost- effectiveness of various monitoring procedures. All required audit reports are required to be submitted to the City by the earlier of 30 days after receipt of the auditor's report or nine months after the end of the fiscal year. These audits should be submitted to John Voss, City of Fort Collins Finance Department, P.O. Box 580, Fort Collins, CO 80522 (970-221-6772). In the event the report contains findings or questioned costs, your organization must submit a corrective action plan along with the audit. The corrective action plan will later be reviewed to determine if it has been successfully implemented. The Single Audit Act Amendments of 1996 and the OMB Circular A-133 Audits of States, Local Governments, and Non -Profit Organizations are included in the Technical Assistance Manual Chapter XIII.