HomeMy WebLinkAbout123508 BASE CAMP INC - CONTRACT - CONTRACT - SLIDING SCALESUBRECIPIENT SERVICE AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT
PUBLIC SERVICE
AN AGREEMENT, by and between the City of Fort Collins hereinafter referred to as
"City" and BJLS.E. Camp, 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
B.A.S.E. Camp, Inc. will provide sliding scale tuition assistance to very -low, low,
and moderate -income families. The services provided will be in accordance
with B.A.S.E. Camp's Spring 2004 Competitive Process proposal, and as
approved by City Council on May 18, 2004.
B. Subrecioient Shall:
Work to attain the following goals for the project:
• Assist parents with accessing affordable, quality care for their school age
children by using the sliding scale fee program
• Provide for safe and healthy activities for children at their school site
• Help improve the rate of, or maintain regular school attendance
• Provide regular access to tutoring help
It is anticipated that approximately 103 unduplicated clients will be served over
the course of this 12-�month contract. The goal is to serve: 50 children from
families at the 030% AMR level; 43 children from f tmilies at the 31-50% AM level;
and 10 children from families at the 51-80% AM level.
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.
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:
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City:
CDBG Program
Advance Planning Department
City of Fort Collins
PO Box 580 (281 N. College - 80524)
Fort Collins CO 80522-0580
Subrecipient:
BA-S.E. Camp, Inc.
1241 Riverside, #200
Ft. Collins, CO 80524
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.
SECTION 9. FAILURE 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 1V Section 11 of the General Conditions
of this Agreement. The City may consider performance under this Agreement when
considering future awards.
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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 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 Fundine
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
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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 parry 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.
SECTION 13. SEVERABILITY CLAUSE
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.
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 parties acknowledge that there are no other
agreements, written or oral, that have not been fully set forth in the text of this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of the most
recent signatory.
Date: I
ATT�
PE City C1e& ,W
Date:
ATTEST:
Board Secrets
(Corporate Seal)
THE CITY OF FORT COLLINS,
A Municipal Corporation K
UZ
/ L1
Darin Atteberry, Interim City
SUBRECIPIENT:
B.A.S.E. CAMP, INC.
By:1� -_
Presi ent, Mard o Directors
By:
Executive Director
Federal I.D. #: 5iz.
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INDEX TO CDBG AGREEMENT
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.
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
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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. O.
Box 580 (281 N. College), Fort Collins CO 80522-0580.
Where Payments Are Made: Payments shall be made to: BJLS.E. Camp, Inc., 1241
Riverside #200, 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
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).
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 AMn 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);
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(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, - "PreAward 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";
(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), (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."
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 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
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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 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.
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SECTION 8. 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. DISCRIMINATION 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;
(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 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.
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."
SECTION 14.OTHER 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.
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