HomeMy WebLinkAboutLARIMER COUNTY HUMANE SOCIETY - CONTRACT - CONTRACT - LARIMER COUNTY HUMANE SOCIETY (2)FIRST ADDENDUM TO AGREEMENT
THIS ADDENDUM is made and entered into as of the 22nd day of November, 2004, by
and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, ("City")
and THE LARMIER HUMANE SOCIETY, a Colorado non-profit corporation (the "Society").
WITNESSETH:
WHEREAS, the City and the Society entered into that certain agreement for animal
treatment and control dated December 4, 2003 ("Agreement"); and
WHEREAS, Section 10.b. of the Agreement requires that, should the Agreement be
renewed for the calendar year 2005, the City shall pay the Society for such renewal term an
amount of not less that Five Hundred Twenty Three Thousand Three Hundred Sixty One Dollars
($523,361) in twelve monthly installments unless an increased amount is negotiated by the
parties; and
WHEREAS, the City wishes to renew the Agreement for 2005, and the parties have
agreed to an increase in price for the renewal term.
NOW, THEREFORE, in consideration of mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the parties .hereto agree to amend the terms and conditions of the Agreement as
follows:
1. That Section 10.b of the Agreement is amended to read as follows:
This agreement shall be renewed for the calendar year 2005. The city agrees
to pay the Society for the renewal term the total sum of Six Hundred Fifty Seven
Thousand Four Hundred Seventy Six Dollars ($657,476), consisting of a base
amount of $587,840 plus a onetime appropriation of $69,636, in twelve (12)
monthly installments. Each monthly installment during the renewal term shall be
in the amount of Fifty Four Thousand Seven Hundred Eighty Nine Dollars and
Sixty Six Cents ($54,789.66) with each installment to be due and payable within
fifteen (15) days after the end of the month for which such installment is due and
owing. Said payment includes fees for shelter operation as well as enforcement
and other services provided pursuant to this Agreement.
2. That all other terms and conditions of the Agreement shall remain unchanged and in full
force and effect, except as expressly provided in this First Addendum.
IN WITNESS WHEREOF, the parties hereto have caused this First Addendum to the
Agreement to be executed as of the day and year first above written.
Properties retained shall continue to meet eligibility criteria and
shall conform with the "changes in use" restrictions specified in 24
CFR Parts 570.503(b)(8).
5. National Objectives.
The Subrecipient agrees to maintain documentation that
demonstrates that the activities carried out with funds provided
under this Contract meet one or more of the CDBG program's
national objectives: (1) benefit low/moderate income persons, (2)
aid in the prevention or elimination of slums or blight, or (3) meet
community development needs having a particular urgency, as
defined in 24 CFR Part 570.208.
6. Close-outs.
Subrecipient obligation to the City shall not end until all close-out
requirements are completed. Activities during this close-out period
shall include, but are not limited to: making final payments,
disposing of program assets (including the return of all unused
materials, equipment, unspent cash advances, program income
balances, and receivable accounts to the City), and determining the
custodianship of records.
7. Audits and Inspections.
a. All Subrecipient records with respect to any matters covered
by this Contract shall be made available to the Subrecipient,
the City, their designee or the Federal Government, at any
time during normal business hours, as often as the
Subrecipient or City deems necessary, to audit, examine and
make excerpts or transcripts of all relevant data. Any
deficiencies noted in audit reports must be fully cleared by
the City within thirty (30) days after receipt by the City.
Failure of the Subrecipient to comply with the above
requirements will constitute a violation of this contract and
may result in the withholding of future payments.
b. Subrecipient acknowledges that the federal funds
subgranted to it are subject to the Single Audit of the City.
The City, the U.S. Department of Housing and Urban
Development, the Comptroller General of the U.S. or any of
their duly authorized representatives or auditors, shall have
access to any books, documents, papers and records of the
Subrecipient or its auditors which are directly pertinent to
the Contract for the purpose of the City's Single Audit. All
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financial records pertaining to this Contract upon
completion shall remain the property of the City.
C. If Subrecipient expends $500,000 or more of federal awards
(including, but not limited to funds received from the City
pursuant to this Agreement), within any of its fiscal years
during which this Agreement is in force, Subrecipient agrees
to have a Single Audit performed, at no cost to the City, in
accordance with the Single Audit Act Amendments of 1996
and OMB Circular A 133. In the event that the expenditures
of $500,000 or more indicated above are all pursuant to this
Agreement, Subrecipient may elect to have a program -
specific audit conducted in accordance with said Act and
Circular. Said audit shall be submitted to the City's
Accounting and Finance Reporting Manager within nine (9)
months after the end of Subrecipient's fiscal year for which
the audit is performed.
C. Monitoring and Evaluation.
The City reserves the right to monitor and evaluate the progress and
performance of the Subrecipient to assure that the terms of this Contract
are being satisfactorily met in accordance with City and other applicable
monitoring and evaluating criteria and standards. Subrecipient shall
cooperate with City relating to such monitoring and evaluation, and make
available to the City any documents or other information requested by the
City or relevant to the City's monitoring and evacuation.
D. Reporting and Payment Procedures.
1. Budgets.
A detailed contract budget for Subrecipient's proposed project, as
described in Exhibit B, Project Budget, and the specific use of the
funds provided to Subrecipient under this and other City grant
programs, is included as Exhibit A, Scope of Services attached
hereto and incorporated herein by this reference. The City and the
Subrecipient may revise the budget from time to time in
accordance with existing City policies, by amendment of this
Agreement.
2. Program Income.
The Subrecipient shall report yearly all program income, as defined
at 24 CFR 570.500(a) generated by activities carried out with CDBG
funds made available under this Contract, including, but not
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limited to, any rental income or income derived from the sale of
the property. The use of program income by the Subrecipient shall
comply with the requirements set forth at 24 CFR 570.504. By way
of further limitations, the Subrecipient may use such income
during the Contract period for activities described in the attached
Scope of Services and shall report any such income received and
allocated to the Work to the City and reduce requests for additional
funds by the amount of any such program income balances on
hand. All program income not used in accordance with this
Section shall be returned to the City at the end of the Contract
period. Any interest earned on cash advances from the U.S.
Treasury is not program income and shall be remitted promptly to
the City.
3. Indirect Costs.
If indirect costs are charged, the Subrecipient will develop an
indirect cost allocation plan for determining the appropriate City
share of administrative costs and shall submit such plan to the City
for approval prior to submission of requests for any payments for
the same.
4. Payment Procedures.
The City will pay to the Subrecipient funds available under this
Contract based upon information submitted by the Subrecipient
and consistent with any approved budget and City policy
concerning payments. With the exception of certain advances,
payments will be made for eligible expenses actually incurred by
the Subrecipient, and not to exceed actual cash requirements.
Payments will be adjusted by the City in accordance with advance
fund and program income balances available in Subrecipient
accounts. In addition, the City reserves the right to liquidate funds
available under this Contract for costs incurred by the City on
behalf of the Subrecipient.
5. Progress Reports.
The Subrecipient shall submit regular Progress Reports to the City
in the form, content and frequency as required by the City.
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E. Procurement.
1. Compliance.
The Subrecipient shall comply with current City policy concerning
the purchase of equipment and shall maintain an inventory record
of all non -expendable personal property as defined by such policy
as may be procured with funds provided herein. All program assets
(unexpended program income, property, equipment, etc.) shall
revert to the City upon termination of this Contract, except as
otherwise specifically provided.
2. OMB Standards.
The Subrecipient shall procure materials in accordance with the
requirements of 24 CFR Part 85.36, covering procurement, and
shall subsequently follow 24 CFR Parts 85.31 and 85.32, covering
utilization and disposal of property.
3. Relocation, Acquisition and Displacement.
The Subrecipient agrees to comply with 24 CFR 570.606 relating to
the acquisition and disposition of all real property utilizing grant
funds and to the displacement of persons, businesses, non-profit
organizations and farms occurring as a direct result of any
acquisition of real property utilizing grant funds.
4. Property Acquired With Program Funds.
Subrecipient agrees to use all personal assets and all real property,
acquired or improved, in whole or in part, with CDBG funds, as set
forth in Exhibits A and C, Scope of Services and Legal Description.
In the event Subrecipient ceases to use a personal asset or real
property acquired or improved, with CDBG funds, in accordance
with Exhibits A and C, the Subrecipient shall return the personal
asset or real property to the City, or pay to the City a sum equal to
its fair market value, less any portion of the value attributable to
expenditures of non-CDBG funds for the acquisition of, or
improvement to, the asset or property. The Subrecipient shall
transfer to the City any CDBG funds on hand at the time of
expiration of this Contract and any accounts receivable of CDBG
funds.
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5. No Liens on Items or Property
At the time of obtaining title or possession of any personal or real
property listed in Exhibit C, Legal Description, attached hereto and
incorporated herein by this reference, Subrecipient agrees to
provide to the City, through an appropriate lien, deed of trust, or
other security instrument, such evidence of the security interest in
said property under this Agreement as the City may deem
appropriate, based upon the nature of the property, the Scope of
Services, the potential term of the security interest, and such other
reasonable considerations as the City may deem appropriate in
protecting its interest in the funds provided hereunder.
Subrecipient further agrees that in addition to, or in lieu of the
above, the City may require the execution and recordation of Deed
Restrictions on real property purchased in connection herewith, in
order to protect the City's interest in the funds provided
hereunder.
VIII. Personnel and Participant Conditions.
A. Civil Rights.
1. Compliance.
The Subrecipient agrees to comply with Chapter 13, Article II, of
the City Code and Title 24, Article 34, Parts 3 through 7, C.R.S., and
with Title VI of the Civil Rights Act of 1964, as amended, Title Vill
of the Civil Rights Act of 1968, as amended, Section 109 of Title 1
of the Housing and Community Development Act of 1974, Section
504 of the Rehabilitation Act of 1973, the Americans With
Disabilities Act of 1990, the Age Discrimination Act of 1975,
Executive Omer 11063, and with Executive Order 11246, as
amended by Executive Orders 11375 and 12086.
2. Nondiscrimination.
The Subrecipient 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.
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The Subrecipient agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided
by the City setting forth the provisions of this nondiscrimination
clause.
3. Land Covenants.
This contract is subject to the requirements of Title VI of the Civil
Rights Act of 1964 (P.L. 88-352) and 24 CFR 570 Part 1. In regard
to the sale, lease or other transfer of land acquired, cleared or
improved with assistance provided under this Contract, the
Subrecipient shall cause or require a covenant running with the
land to be inserted in the deed or lease for such transfer,
prohibiting discrimination as herein defined, in the sale, lease or
rental, or in the use or occupancy of such land, or in any
improvements erected or to be erected thereon, providing that the
Subrecipient and the United States are beneficiaries of and entitled
to enforce such covenants. The Subrecipient, in undertaking its
obligation to carry the program assisted hereunder, agrees to take
such measures as are necessary to enforce such covenant and will
not itself so discriminate.
4. Section 504.
The Subrecipient agrees to comply with any federal regulations
issued pursuant to compliance with Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 706), which prohibits
discrimination against the handicapped in any federally -assisted
program. The contracting agency shall provide the Subrecipient
with any guidelines necessary for compliance with that portion of
the regulations in force during the term of this Contract.
B. Affirmative Action.
1. Approved Plan.
The Subrecipient agrees that it shall be committed to carry out
pursuant to the City s specifications an Affirmative Action Program
in keeping with the principles as provided in President's Executive
Order 11246 of September 24, 1965. The City shall provide
Affirmative Action guidelines to the Subrecipient to assist in the
formulation of such program. The Subrecipient shall submit a plan
for an Affirmative Action Program for approval prior to the award of
funds.
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2. W/MBE.
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 Contract. As
used in this Contract, 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.
3. Access to Records.
The Subrecipient shall furnish and cause each of its
subSubrecipients to furnish all information and reports required
hereunder and will permit access to its books, records and
accounts by the City, HUD, or its agent, or other authorized federal
officials for purposes of investigation to ascertain compliance with
the rules, regulations and provisions stated herein.
4. Notifications.
The Subrecipient will send to each labor union or representative of
workers with which it has a collective bargaining agreement or
other contract or understanding, a notice, to be provided by the
agency contracting officer, advising the labor union or workers'
representative of the Subrecipient's commitments hereunder, and
shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
5. EEO/AA Statement.
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.
6. Subcontract Provisions.
The Subrecipient will include the provisions of Paragraphs VIII A,
Civil Rights, and B, Affirmative Action, in every subcontract or
purchase order, specifically or by reference, so that such provisions
will be binding upon each subSubrecipient or vendor.
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C. Employment Restrictions.
1. Prohibited Activity.
The Subrecipient is prohibited from using funds provided herein or
personnel employed in the administration of the program for
political activities; sectarian or religious activities; lobbying,
political patronage and nepotism activities.
2. OSHA.
Where employees are engaged in activities not covered under the
Occupational Safety and Health Act 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.
3• Right to Know.
Participants employed or trained for inherently dangerous
occupations, e.g., fire or police jobs, shall be assigned to work in
accordance with reasonable safety practices. The Subrecipient will
comply with all applicable "Right to Know" Acts.
4. Labor Standards.
a. The Subrecipient agrees to comply with the requirements of
the Secretary of Labor in accordance with the Davis -Bacon
Act as amended, the provisions of Contract Work Hours and
Safety Standards Act, the Copeland "Anti -Kickback" Act (40
U.S.C. 276, 327-333) and all other applicable federal, state
and local taws and regulations pertaining to labor standards
insofar as those acts apply to the performance of this
Contract. The Subrecipient shall maintain documentation
which demonstrates compliance with hour and wage
requirements of this part. Such documentation shall be
made available to the City for review upon request.
b. The Subrecipient agrees that, except with respect to the
rehabilitation or construction of residential property
designed for residential use for less than eight (8)
households, all contractors engaged under contracts in
excess of Two Thousand Dollars ($2,000) for construction,
renovation or repair of any building or work financed in
whole or in part with assistance provided under this
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Contract, and/or with respect to the rehabilitation or
construction of residential property where there are more
than 12 HOME -assisted units, the Subrecipient shall comply
with federal requirements adopted by the City pertaining to
such contracts and with the applicable requirements of the
regulations of the Department of Labor, under 29 CFR Parts
3, 1, 5 and 7 governing the payment of wages and ratio of
apprentices and trainees to journeymen; provided, that if
wage rates higher than those required under the regulations
are imposed by state or local law, nothing hereunder is
intended to relieve the Subrecipient of its obligation, if any,
to require payment of the higher wage.
C. In order to ensure compliance for Subrecipient contracts
involving Davis -Bacon wage standards, the City shall retain a
ten percent (10%) minimum of contract funds. These funds
will not be released in reimbursement for eligible expenses
until all required labor standards paperwork has been
received and reviewed. This requirement is also referenced
in Section VII., D.6.
5. "Section 3" Clause.
a. Compliance.
Compliance with the provisions of Section 3 of the Housing
and Urban Development Act of 1968, as amended, 12 U.S.C.
1701, the regulations set forth in 24 CFR 135, and all
applicable rules and orders issued hereunder prior to the
execution of this Contract, shall be a condition of the federal
financial assistance provided under this Contract and
binding upon the City, the Subrecipient and any
subSubrecipients. Failure to fulfill these requirements shall
subject the City, the Subrecipient and any subSubrecipients,
their successors and assigns, to those sanctions specified by
the Contract through which federal assistance is provided.
The Subrecipient certifies and agrees that no contractual or
other disability exists which would prevent complaint with
these requirements.
The Subrecipient further agrees to comply with these
"Section 3" requirements and to include the following
language in all subcontracts executed under this Contract:
The work to be performed under this contract
is a project assisted under a program providing
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direct federal financial assistance from HUD
and is subject to the requirements of Section 3
of the Housing and Urban Development Act of
1968, as amended, 12 U.S.C. 1701. 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 contracts 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 areas of the
project.
The Subrecipient certifies and agrees that no contractual or
other disability exists which would prevent compliance with
the requirements.
b. Notifications.
The Subrecipient agrees to send to each labor organization
or representative of workers with which it has a collective
bargaining agreement or other contract or understanding, if
any, a notice advising said labor organization or workers'
representative of its commitments under this Section 3
clause and shall post copies of the notice in conspicuous
places available to employees and applicants for
employment or training.
C. Subcontracts.
The Subrecipient will include this Section 3 clause in every
subcontract and will take appropriate action pursuant to the
subcontract upon a finding that the Subrecipient is in
violation of regulations issued by the City. The Subrecipient
will not subcontract with any subSubrecipient where it has
notice or knowledge that the latter has been found in
violation of regulations under 24 CFR 135 and will not let
any subcontract unless the subSubrecipient has first
provided it with a preliminary statement of ability to comply
with the requirements of these regulations.
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CITY OF FORT COLLINS, OLORADO
A municipal corporat' n
By: �L
Darin A. Atteberry
Interim City Manager
By: vG�
J e B. O'Neill II, CPPO, FNIGP
Di for of Purchasing and Risk Management
ATTEST:
City Clerk
APPRO D AS TO FORM:
r7A -
AssistMt City Attomey
THE LARIMER HUMANE SOCIETY
A Colorado Non -Profit Corporation
By: "' 16lk—(14 j��j
Name:
Chair, Board of Directors
ATTEST:
Name:
Secretary
D. Conduct.
1. Assignability.
The Subrecipient shall not assign or transfer any interest in this
Contract or any property obtained using the funds provided under
this Contract without the prior written consent of the City thereto;
provided, however, that claims for money due or to become due to
the Subrecipient from the City under this Contract may be assigned
to a bank, trust company or other financial institution without such
approval. Notice of any such assignment or transfer shall be
furnished promptly to the City.
2. Hatch Act.
The Subrecipient agrees that no funds provided, or personnel
employed under this Contract, shall be in any way or to any extent
engaged in the conduct of political activities in violation of Chapter
15 of Title V, United States Code.
3. Conflict of Interest.
The Subrecipient agrees to abide by the provisions of 24 CFR
570.611 with respect to conflict of interest, and covenants that it
presently has no financial interest and shall not acquire any
financial interest, direct or indirect, which would conflict in any
manner or degree with the performance of services required under
this Contract. The Subrecipient further covenants that in the
performance of this Contract, no person having such a financial
interest shall be employed or retained by the Subrecipient
hereunder. These conflict of interest provisions apply to any
person who is an employee, agent, consultant, officer or elected
official or appointed official of the City, or of any designated public
agencies or subrecipients which are receiving funds under the
CDBG Entitlement program.
4. Subcontracts.
a. Approvals.
The Subrecipient shall not enter into any subcontracts with
any agency or individual in the performance of this Contract
without the written consent of the City prior to the
execution of such contract.
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b. Monitoring.
The Subrecipient will monitor all subcontracted services on
a regular basis to assure compliance with both this Contract
and the applicable subcontract. Results of monitoring
efforts shall be summarized in written reports and
supported with documented evidence of follow-up actions
taken to correct areas of.noncompliance.
C. Content.
The Subrecipient shall cause all of the provisions of this
Contract in its entirety to be included in and made a part of
any subcontract executed in the performance of this
Contract.
d. Selection Process.
The Subrecipient shall undertake to ensure that all
subcontracts let in the performance of this Contract shall be
awarded in a fair and open competition basis. Executed
copies of all subcontracts shall be forwarded to the City,
along with documentation concerning the selection process.
5. Copyright.
If this Contract results in any copy rightable material, the City
reserves the right to royalty -free, non-exclusive and irrevocable
license to reproduce, publish or otherwise use and to authorize
others to use, the work for government purposes.
6. Religious Organization.
The Subrecipient agrees that funds provided under this Contract
will not be utilized for religious activities, to promote religious
interests, or for the benefit of a religious organization in
accordance with the federal regulations specified in 24 CFR
570.2000). See also Exhibit D.
IX. Environmental Conditions.
A. Air and Water.
The Subrecipient agrees to comply with the following laws and
regulations, along with any other environmental or public health related
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laws or regulations, insofar as they apply to the performance of this
Contract:
• Clear Air Act, 42 U.S.C., 1857, et seq.;
• Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et
seq., as amended 1318 relating to inspection, monitoring, entry,
reports and information, as well as other requirements specified in
said Section 114 and Section 308, and all regulations and guidelines
issued thereunder;
• Environmental Protection Agency (EPA) regulations pursuant to 40.
CFR, Part 50, as amended;
• National Environmental Policy Act of 1969; and
• HUD Environmental Review Procedures (24 CFR Part 58).
B. Flood Disaster Protection.
The Subrecipient agrees to comply with the requirements of the Flood
Disaster Protection Act of 1973 (P.L. 2234) in regard to the sale, lease or
other transfer of land acquired, cleared or improved under the terms of
this Contract, as it may apply to the provisions of this Contract.
C. Lead -based Paint.
The Subrecipient agrees that any construction or rehabilitation of
residential structures with assistance provided under this Contract shall be
subject to HUD Lead -based Paint Regulations at 24 CFR 570.608, and 24
CFR Part 35, and in particular Subpart B thereof. Such regulations pertain
to all HUD -assisted housing and require that all owners, prospective
owners, and tenants or properties constructed prior to 1978 be properly
notified that such properties may include lead -based paint. Such
notification shall point out the hazards of lead -based paint and explain the
symptoms, treatment and precautions that should be taken when dealing
with lead -based paint poisoning. (See also Section II (E).).
D. Historic Preservation.
The Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as
amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800,
Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this
Contract.
In general, this requires concurrence from the State Historic Preservation
Officer for all rehabilitation and demolition of historic properties that are
fifty (50) years or older or that are included on a federal, state or local
historic property list.
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X. Entire Agreement/Governing Law.
The provisions set forth in Items I-X, and all attachments of this Contract
constitute the entire agreement between the parties hereto and no statement,
promise, conditions, understanding, inducement or representation, oral or
written, express or implied, which is not contained herein shall be binding or
valid. This Contract shall be governed under the laws of the State of Colorado.
IN WITNESS WHEREOF, the parties have executed this Contract as of the
date of the most recent signatory.
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By: -
C/14
i anger
Date: ,4-21djo
AWTEST: AP PRO AS TO FORM:
City C erk Deputy City Attorney
UNITED W F LARIMER COUNTY
By:
EZ roe Director
Dati
ATTEST:
`f'A 0G� Ca ", Fed. I.D.#: p K- 6o3 /J Q 3
Board Secretary
(Seal, if appropriate)
22
EXHIBIT A
SCOPE OF SERVICES
I. Project Description and Objectives. United Way of Larimer County will
purchase the property located at the corner of Blue Spruce and Conifer
Street, also known as: LOT 2, A MINOR SUB OF CONIFER INDUSTRIAL PARK,
FTC (Assessor's Parcel #: 97013-15-002). Construction of a public facility,
currently proposed in community collaboration with the Salvation Army, is
planned to occur on this and the adjacent parcel (Lot 3) the site. A portion of
the building, currently referred to as the Housing Services (Day) Center, will
be used to provide comprehensive day -time services to persons who are
homeless or at risk of becoming homeless. Community Development Block
Grant (CDBG) funds will be used for acquisition of the real estate described
in Exhibit C. The balance of the funds necessary to purchase the property
will be raised by the Subrecipient.
EXHIBIT C
LEGAL DESCRIPTION
Real property described as:
LOT 2, A MINOR SUB OF CONIFER INDUSTRIAL PARK, FTC
Address (more commonly known as):
TBD - comer of Blue Spruce Drive and Conifer Street
Larimer County Assessor's Parcel #:
97013-15-002
3
ASSURANCES REGARDING FAITH -BASED ORGANIZATIONS
Pursuant to Title I of the Housing and Community Development Act of 1974, as
amended, the Subrecipient agrees as follows:
1. That the Subrecipient's subSubrecipient for any part of this project, or any entity
with which it may contract out for Services ("Subcontractor') to be performed as
described in Exhibit A (operation of the Housing Services Day Center), may be a
religious or denominational institution or organization or an organization
operated for religious purposes which is supervised or controlled by or in
connection with a religious or denominational institution or organization.
2. That in connection with the Services to be performed as described in Exhibit A:
a. The Subrecipient shall ensure that any subSubrecipient, or any entity with
which the Subrecipient shall enter into a contractual agreement related to this
project ("Subcontractor"), shall not discriminate against any person applying for
Services on the basis of religion and shall not limit Services or give preference to
persons on the basis of religion; and
b. The Subrecipient shall ensure that any subSubrecipient, or any Subcontractor,
shall not, as part of providing Services, engage in inherently religious activities,
such as a worship service, religious instruction, or proselytization. If the
subSubrecipient, or any Subcontractor conducts such activities, the activities
shall be offered separately, in time or location, from the provision of Services,
and participation must be voluntary for the beneficiaries of Services.
4
RECIPIENT CONTRACT FOR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
THIS AGREEMENT is entered into between THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation (hereinafter referred to as "the City') and
UNITED WAY OF LARIMER COUNTY (hereinafter referred to as "the
Subrecipient').
WITNESSETH:
WHEREAS, the City has applied for and received funds from the United
States Government under Title 1 of the Housing and Community Development
Act of 1974, Public Law 93-383; and
WHEREAS, the City wishes to engage the Subrecipient to assist the City in
utilizing such funds.
NOW, THEREFORE, in consideration of the mutual promises of the
parties, it is agreed as follows:
I. Scope of Services/Admir&trationMerformance Monitoring.
A. The Scope of Services to be rendered by the Subrecipient is
attached as Exhibit A hereto and made a part of this Contract.
Subrecipient agrees to perform the work described in Exhibit A,
Scope of Services, in compliance with all provisions of this
Contract. Subrecipient warrants and represents that it has the
requisite authority and capacity to perform all terms and conditions
on Subrecipient's part to be performed hereunder. The
Subrecipient shall be responsible for the administration of this
contract.
B. The City will monitor the performance of the Subrecipient against
goals and performance standards required herein. Substandard
performance as determined by the City will constitute non-
compliance with this Contract. If action to correct such
substandard performance is not taken by the Subrecipient within a
reasonable period of time after being notified by the City, contract
suspension or termination procedures will be initiated.
II. Term and Conditions of Contract.
A. Term of Contract.
Except as provided in Section VI., H. below, this Contract shall be in effect
as long as the Subrecipient retains control over Community Development
Block Grant ("CDBG") funds, including income generated from the funds.
If Subrecipient retains control over property purchased in whole or in
part with CDBG funds, any income generated from the property,
including, but not limited to, rental income or income derived from the
sale of the property, shall be deemed program income until the
performance of the Scope of Services is completed. The City's obligation
to provide funding under this Contract shall be from January 1, 2004 to
December 31, 2005, and shall be contingent upon full compliance by
Subrecipient with all terms and conditions set forth herein.
B. Property Appraisal.
The Subrecipient shall provide the City with a property appraisal
completed by an certified appraiser before awarded funds can be released.
C. Proof of Other Funding Sources.
The Subrecipient shall provide the City with written loan agreements
and/or grant award letters from all sources for the purchase of the
property before awarded funds can be released. The entire cost of the
property purchase must be substantiated by these documents.
D. Environmental Review.
A satisfactory Environmental Review must be completed for the property,
and the City must concur with the findings of that Review before awarded
funds can be released. The cost of that review is considered a project cost
and may be subtracted from the overall award amount.
E. Voluntary Sale.
The Subrecipient shall provide the City with a copy of the Voluntary Sale
consent letter from the property owner prior to closing.
F. Property Purchase Contract.
A copy of a written contract between the property seller and the
Subrecipient, reflecting the purchase price submitted in the Subrecipient's
Spring 2004 Competitive Process Application, must be submitted to the
City before awarded funds can be released.
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I. Time of Performance.
The Project shall commence upon the full and proper execution of this
Contract and shall be completed on or before December 31, 2005.
However, the Project Time of Performance may be extended by letter,
subject to mutual agreement of the City and the Subrecipient. To initiate
this process, a written request shall be submitted to the City by the
Contractor at least (60) days prior to December 31, 2005, and shall
include a full justification for the extension request.
J. Due on Sale Loan.
The funds awarded to the Subrecipient through this contract shall become
due and payable at zero percent interest with a 5% service fee, at once, in
the event of sale or transfer by the Subrecipient of any interest in the
Property
K. Same or Similar Use.
During the term of property ownership, the Subrecipient shall maintain
the project use as outlined in Exhibit A of this Contract, Scope of Services,
or in accordance with 24 CFR 570.201(c), [CDBG] Basic Eligible
Activities, Public facilities and improvements, and must continue to
demonstrate a public service to low and/or moderate income populations.
If the Subrecipient is not in compliance with the use restrictions set forth
herein, the City shall be immediately and fully reimbursed for all CDBG
monies granted by the City under this Contract.
L. Adequate Square Footage for Operations
During the term of property ownership, the Subrecipient shall ensure that
the square footage used for operation of the Housing Services Day Center
is maintained within 10% of its originally designated amount, as approved
through the Development Review process of the City of Fort Collins. If
the Subrecipient is not in compliance with the square footage restriction
set forth herein, the City shall be immediately and fully reimbursed for all
CDBG monies granted by the City under this Contract.
J. Due Diligence.
The City may require additional due diligence items (e.g., appraisals,
property inspections, special reports or studies) for successful project
completion and regulatory compliance. The cost for such items may be
borne by the Subrecipient. There is no assurance of funds being released
without satisfactory due diligence.
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VI. General Conditions.
A. General Compliance.
The Subrecipient agrees to comply with all applicable federal, state and
local laws and regulations governing the funds provided under this
Contract.
B. Independent Contractor.
Nothing contained in this Contract is intended to, or shall be construed in
any manner, as creating or establishing the relationship of
employer/employee between the parties. The Subrecipient shall at all
times remain an independent contractor with respect to the services to be
performed under this Contract. The City shall be exempt from payment
of all Unemployment Compensation, FICA, retirement, life and/or medical
insurance and Workers' Compensation insurance as the Subrecipient is an
independent Subrecipient.
C. Liability.
As to the City, Subrecipient agrees to assume the risk of all personal
injuries, including death- resulting therefrom, to persons, and damage to
and destruction of property, including loss of use therefrom, caused by or
sustained, in whole or in part, in connection with or arising out of the
performance or nonperformance of this Contract by Subrecipient or by
the conditions created thereby. Subrecipient further agrees to indemnify
and save harmless the City, its officers, agents and employees, from and
against any and all claims, liabilities, costs, expenses, penalties and
attorney fees arising from such injuries to persons or damages to property
or based upon or arising out of the performance or nonperformance of
this Contract or out of any violation by Subrecipient of any statute,
ordinance, rule or regulation.
D. Workers' Compensation.
The Subrecipient shall provide Workers' Compensation insurance
coverage for all employees involved in the performance of this Contract.
E. Insurance and Bonding.
The Subrecipient shall carry sufficient insurance coverage to protect
Contract assets from loss due to theft, fraud and/or undue physical
damage, and as a minimum, shall purchase blanket fidelity bond covering
all employees in an amount equal to cash advances from the City.
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F. Grantor Recognition.
The Subrecipient shall ensure recognition of the role of the City in
providing services through this Contract. All activities, facilities and items
utilized pursuant to this Contract 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 Contract. Such labeling and/or reference shall
include the following credit line: "This project is partially supported by
Community Development Block Grant funding from the City of Fort
Collins."
G. Amendments.
The City or Subrecipient may amend this Contract at any time, provided
that such amendments make specific reference to this Contract and are
executed in writing, signed by a duly authorized representative of both
organizations. Such amendments shall not invalidate this Contract, nor
relieve or release the City or Subrecipient from its obligations under this
Contract, except as expressly provided therein.
The City may, in its discretion, amend this Contract to conform with
federal, state or local governmental guidelines, policies and available
funding amounts, or for other reasons. If such amendments result in a
change in the funding, the Scope of Services, or schedule of the activities
to be undertaken as part of this Contract, such modifications will be
incorporated only by written amendment signed by both the City and
Subrecipient.
H. Suspension or Termination.
1. Either party may terminate this Contract at any time by giving
written notice to the other party of such termination and specifying
the effective date thereof at least thirty (30) days before the effective
date of such termination. Partial terminations of the Scope of
Service in Paragraph I above may only be undertaken with the prior
approval of City.
2. The City may also suspend or terminate this Contract, in whole or
in part, if Subrecipient materially fails to comply with any term of
this Contract, or with any of the rules, regulations or provisions
referred to herein; and the City may declare the Subrecipient
ineligible for any further participation in City CDBG contracts, in
addition to other remedies as provided by law. In the event there is
probable cause to believe the Subrecipient is in noncompliance
with any applicable laws, rules, or regulations, the City may
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withhold up to one hundred (100) percent of said Contract funds
until such time as the Subrecipient is found to be in compliance by
the City or is otherwise adjudicated to be in compliance, or to
exercise the City's rights under any security interest of the City
arising hereunder.
3. In the event of any termination, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs,
reports or other materials prepared by Subrecipient under this
Contract shall, at the option of the City, become the property of the
City, and Subrecipient shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such
documents or materials prior to the termination.
4. This Contract, and the City's obligations under it, will automatically
terminate in the event of suspension or non -receipt of CDBG funds
by the City.
VH. Administrative Requirements.
A. Financial Management.
1. Accounting Standards.
The Subrecipient agrees to comply with 24 CFR Part 85 and agrees
to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls and maintain necessary
source documentation for all costs incurred.
2. Cost Principles.
The Subrecipient shall administer its program in conformance with
OMB Circulars A 122, "Cost Principles for Non -Profit
Organizations", or A 21, "Cost Principles for Educational
Institutions", or A 87, "Cost Principles for State, Local, and Indian
Tribal Governments", as applicable; for all costs incurred whether
charged on a direct or indirect basis.
B. Documentation and Record -keeping.
1. Records to be Maintained.
The Subrecipient shall maintain all records required by the federal
regulations specified in 24 CFR Part 570.506 and that are pertinent
to the activities to be funded under this Contract. Such records
shall include but not be limited to:
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a. Records providing a full description of each activity
undertaken;
b. Records demonstrating that each activity undertaken meets
one of the National Objectives of the CDBG program;
C. Records required to determine the eligibility of activities;
d. Records required to document the acquisition,
improvement, use or disposition of real property acquired
or improved with CDBG assistance;
e. Records documenting compliance with the fair housing and
equal opportunity components of the CDBG program;
f. Financial records as required by 24 CFR Part 570.502, and 24
CFR Part 85; and
g. Other records necessary to document compliance with
Subpart K of 24 CFR 570.
2. Retention.
The Subrecipient shall retain all records pertinent to expenditures
incurred under this Contract for a period of five (5) years after the
termination of all activities funded under this Contract, or after the
resolution of all Federal audit findings, which ever occurs later.
Records for non -expendable property acquired with funds under
this Contract shall be retained for five (5) years after final
disposition of such property. Records for any displaced person
must be kept for five (5) years after he/she has received final
payment.
3. Client Data.
The Subrecipient shall maintain client data demonstrating client
eligibility for services provided. Such data shall include, but not be
limited to: client name, previous address, income level or other
basis for determining eligibility, and description of service
provided. Such information shall be made available to City
monitors or their designees for review upon request.
4. Property Records.
The Subrecipient shall maintain real property inventory records
which clearly identify properties purchased, improved or sold.
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