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HomeMy WebLinkAbout109697 EDUCATION & LIFE TRAINING CTR - CONTRACT - CONTRACT - 20872SUBRECIPIENT SERVICE AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC SERVICE AN AGREEMENT, by and between the City of Fort Collins hereinafter referred to as "City" and EDUCATION AND LIFE TRAINING CENTER (ELTC), 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 Education and Life Training Center will provide a variety of basic adult education classes for very -low, low-, and moderate -income clients, in accordance with ELTC's Spring 2004 Competitive Process proposal, and as approved by City Council on May 18, 2004. B. Subreciaient Shall: Work to attain the following goals for the project: • Help students gain new literacy, technological, and/or occupational skills to improve personal academic, life skills and career situations • Offer classes such as computer skills, medical office training, literacy, ESL, GED training, and career counseling in 8-week course formats • Make tutoring assistance available It is anticipated that approximately 115 unduplicated clients will be served over the course of this 12-month contract. The goal is to serve: 60 clients at the 0-30% AM level; 45 clients at the 31-50% A 11 level; and 10 clients at the 51-80% A 11 level CDBG funds shall be used to assist with the salaries of two part-time instructors for the medical and computer classes. It is estimated that the salary ranges for these instructors will 'be between $12/hr. and $14/hr. and that CDBG funds will cover between approximately 700 and 850 total salary hours. 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 Stimmarv: 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: Education and Life Training Center, 401 Linden St., Ft. 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. 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 3 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. REIMBURSEMENT 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. 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). 4 ARTICLE M. FEDERAL CONDITIONS SECTION I. 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); 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 1701u. 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. SECTION 7. CONFLICT OF INTEREST No member, officer, or employee of the Subr -cipient, 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. 8