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HomeMy WebLinkAbout296962 COURT APPOINTED SPECIAL ADVOCATES INC - CONTRACT - AGREEMENT MISC - 296962 COURT APPOINTED SPECIAL ADVOCATES INC (2)a SUBRECIPIENT SERVICE AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC SERVICE AN AGREEMENT, by and between the City of Fort Collins hereinafter referred to as "City" and COURT APPOINTED SPECIAL ADVOCATES, INC., 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. IT IS MUTUALLY AGREED AS FOLLOWS: ARTICLE I. PROJECT SECTION 1. SCOPE OF SERVICES 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 The City of Fort Collins shall provide CDBG funding to supplement staff salaries in the provision of services to abused and/or neglected children. The salaries are as follows: 1 FTE Executive Director $4,928 .63 FTE Case Supervisor $3,104 .5 FTE Case Supervisor $2,464 .375 FTE Volunteer Coord. $1,848 Total $12,344 B. Subrecivient Shall: 1. Provide Court Appointed Special Advocate volunteers for each case referred to the prim 2. Assure that parents are at lower risk for abuse/neglect their children 3. Assure that the child has a greater likelihood of a healthy home 4. Assure that the child will be placed in the home that is best suited for them. 5. Serve a minimum of 136 children at least 51% of whom will be from families in the low to moderate income category. (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 (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. SECTION 12. ARCHITECTURAL BARRIERS ACT/AMERICANS WITH DISABILITIES ACT The Subrecipeint 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 10 1 - 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. SECTION 13. GRANTOR RECOGNITION 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." 10 SECTION 14. OT TIER PROGRAM REQUIREMENTS 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. ARTICLE IV: GENERAL CONDITIONS SECTION 1. COMPLIANCE WITH LAWS 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 2. LICENSING AND PROGRAM STANDARDS 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, or Affordable Housing Fund Agreements. SECTION 3. INDEMNITY 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. 11 SECTION 4. NOTICES 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) Fort Collins CO 80522-0580 Subrecipient: CASA 201 Laporte Avenue STE 100, Third Floor Fort Collins CO 80521-2761 SECTION 5. CITIZEN AND CLIENT PARTICIPATION 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. SECTION 6. ASSIGNMENT AND SUBCONTRACTING 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. SECTION 7. RESERVATION OF RIGHTS 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. SECTION 8. AMENDMENTS TO AGREEMENT The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. 12 SECTION 9. FAII.URE TO PERFORM 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. SECTION 10. TERMINATION 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; (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 13 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. SECTION 11. CLOSE-OUT 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; (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 parries 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. SECTION 13. SEVERABILITY CLAUSE It is understood and agreed by the parries 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. 14 SECTION 14. INTEGRATED DOCUMENT 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 parries acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. H:/cdbg/contract/templatecontract/publicsemv newo4 15 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of the most recent signatory. Date: EST Citx. rk , rP Ety1 , APPRO AS TO FORM: Deputy City Attorney Date: ATTEST: o (Corporate Seal) THE CITY OF FORT C( A Municipal Corporation By: City Manager SURRECIPIENT: ��- PresiJent, :•. • of • Federal I.D. #: 16 INDEX TO CDBG AGREEMENT Article L Project 1. Scope of Services 2. Project Description 3. Term of Agreement 4. Program Reporting Article H. 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. Compliance with Laws 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 17 Attachment A: Budget Summary PROJECT COSTS Total CDBG Otter: Other: Other: Other: All Funds Funds PERSONNEL includes: _ Managers Staff Taxes and Benefits MOUNT $ 75,500 $ 12,344 I $ 6:3,156 SUPPLIES/EQUIPMENT includes: Office Supplies Equipment MOUNT — $ $ ADMINISTRATION includes: Advertising Audit Insurance/Bonds Postage/Printing Rent/Utilities Communication Training/Travel Transportation MOUNT ACQUISITION COSTS includes: $ $ $ $ - Acquisition MOUNT $ DEVELOPMENT SOFT COSTS includes: Appraisal Design and A & E Processing/Settlement/financing Marketing Operating Reserve MOUNT DEVELOPMENT HARD COSTS includes.- Clearance/Demolition Construction Rehabilitation Improvements MOUNT $ ' OTHER COSTS includes: — — Relocation Operating/Maintenance Expenses MOUNT $ TOTAL PROJECT COSTS ! $ 75,500 i$ 12,344 $ 6�,156 $ 5 5 15 SECTION 2. PROJECT DESCRIPTION Type of Proiect Public Service Proiect Location 201 Laporte Avenue, STE 100, Third Floor Fort Collins CO 80521-2761 Matrix Code: 05n (Abused and Neglected Children) Basic Eligible Activity (24 CFR 570.201(e): Public Service Funded Amount $12,344 Fiscal Year. 2004 Service Area Fort Collins National Objective: LMC The term of this Agreement is October 1, 2004 through September 30, 2005, 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. SECTION 4. PROGRAM REPORTING 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 I, 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. 2 ARTICLE IL FINANCIAL CONDITIONS SECTION 1. BUDGET AND COMPENSATION The City shall reimburse the Subrecipient its allowable costs for the services identified in this Agreement not to exceed TWELVE THOUSAND THREE HUNDRED FORTY-FOUR AND NO/100 Dollars ($12,344.00) upon presentation of properly executed reimbursement forms as provided or approved by the City. 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. 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: See Attachment A for 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. O. Box 580 (281 N. College), Fort Collins CO 80522-0580. Where Payments Are Made: Payments shall be made to: Court Appointed Special Advocates, Inc., 201 Laporte Avenue, STE 100, Third Floor, Fort Collins CO 80521-2761. The Subrecipient shall apply the funds received from the City under this Agreement in accordance with the Budget Summary outlined in Attachment A. 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. SECTION 2. DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING 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. (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. SECTION 3. REIlHBURSEMENT 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. El w ." (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. SECTION 4. PROGRAM INCOME Use of any program income received by the Agency with CDBG funds under this Agreement shall comply with 24 CFR 570.504 (c). ARTICLE III. FEDERAL CONDITIONS SECTION 1. BENEFIT TO LOW INCOME PEOPLE 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. SECTION 2. UNIFORM ADMINISTRATIVE REQUIREMENTS (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 (0; (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-"Post-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"; 6 (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 (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), (0, (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." SECTION 3. SEPARATION OF CHURCH AND STATE 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; SECTION 4. FEDERAL STANDARDS FOR EMPLOYMENT PRACTICES The Subrecipient shall comply with Executive Order 11246 as amended by Executive Order 7 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 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. SECTION 5. LOCAL EMPLOYMENT AND PURCHASING 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 6. FEDERAL STANDARDS FOR MINORITY AND WOMEN -OWNED BUSINESS ENTERPRISES 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. 8 w.. SECTION 7. CONFLICT OF INTEREST 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. SECTION S. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF HOUSING 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. SECTION 9. DAVIS BACON AND RELATED ACTS 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. SECTION 10. LEAD BASED PAINT 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. SECTION 11. DISCRAMATION PROHIBITED (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;