HomeMy WebLinkAbout326698 SAVA CENTER - CONTRACT - AGREEMENT MISC - SAVA CENTERRECIPIENT CONTRACT FOR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
PUBLIC FACILITY
THIS RECIPIENT CONTRACT ("Contract") is entered into by and between THE CITY OF
FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as the "City" and,
SEXUAL ASSAULT VICTIM ADVOCATE CENTER, INC., hereinafter referred to as the
"Subrecipient".
The parties hereby agree as follows:
Scope of Services/Administration/Performance Monitoring.
A. 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 is engaging the Subrecipient to assist the City in utilizing such
funds. The Scope of Services to be rendered by the Subrecipient is attached as
Exhibit A hereto and made a part of this Contract (the "Project"). The Project
involves the purchase or rehabilitation of the real property described on Exhibit
C, attached hereto and made a part of this Contract (the "Property").
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 the
Subrecipient does not take action to correct such substandard performance
within a reasonable period of time after being notified by the City, the City may
initiate contract suspension or termination procedures will be initiated.
If. Payment.
If the Subrecipient is not in default hereunder, and subject to the City's receipt of the
Department of Housing and Urban Development CDBG funds, and provided that the Contract
and Scope of Services are eligible expenditures of CDBG funds and the Subrecipient is in
compliance with the terms of this Agreement, the City agrees to pay the Subrecipient ONE
HUNDRED SEVENTY-FIVE THOUSAND TWO HUNDRED TWENTY FOUR DOLLARS ($175,224).
Payment shall be made upon presentation of invoices which Subrecipient certified are true and
correct copies of payments due on behalf of the Subrecipient, for an activity covered by this
Contract and made in accordance and compliance with the Scope of Services. In no event shall
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:
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;
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, whichever 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.
10
4. Property Records.
The Subrecipient shall maintain real property inventory records which clearly
identify Project properties purchased, improved or sold. 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.
The Subrecipient's obligations 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 financial records pertaining to this
Contract upon completion shall remain the property of the City.
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
The specific use of the funds provided to Subrecipient under this and other City
grant programs is included in Exhibit A, and a detailed contract budget for the
Project is attached as Exhibit B 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 to the City 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 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
12
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.
S. Progress Reports.
The Subrecipient shall submit regular Progress Reports to the City in the form,
content and frequency as required by the City.
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,
13
2. Applicable 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 Exhibit A and Exhibit 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.
5. Liens on Items or Property
At the time of obtaining title or possession of any personal or real property
listed in Exhibit C, Subrecipient agrees to promptly provide to the City, through
an appropriate lien, deed of trust, or other security instrument, evidence of such
security interest in said property as the City may deem appropriate, based upon
the nature of the property, the Scope of Services (Exhibit A), 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 Restrictive
Covenants on real property purchased in connection herewith, in order to
protect the City's interest in the funds provided hereunder.
14
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 VIII of the Civil Rights Act of 1968, as amended, Section 104(b) and
Section 109 of Title 1 of the Housing and Community Development Act of 1974 as
amended, Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities
Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive
Order 11246, as amended by Executive Orders 11375, 11478 and 12086.
2. Nondiscrimination.
The Subrecipient will not discriminate against any employee, applicant for
employment, program participant, or program applicant because of race, color,
national origin, religion, creed, disability, age, sex, actual or perceived sexual
orientation, gender identity, marital status, or familial status.
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 to be provided by the City setting forth the
provisions of this nondiscrimination clause.
The Subrecipient shall:
(1) Develop and provide to the City in writing, a Title VI Plan
describing how the Subrecipient will implement compliance with Title VI, and a
Language Access Plan, describing how the Subrecipient will provide meaningful
language access to persons with limited English proficiency. Both Plans are
subject to approval by the City; and
(2) Post written notice of non-discrimination in its facilities and make
available to its clients a Title VI complaint form, in a form reasonably acceptable
to the City.
15
Land Covenants.
This Contract is subject to the requirements of Title VI of the Civil Rights Act of
1964 as amended 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 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.
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
16
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 sub-Subrecipients 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 Paragraph VIII A, Civil Rights, and
Paragraph VIII B, Affirmative Action, in every subcontract or purchase order,
specifically or by reference, so that such provisions will be binding upon each
sub-Subrecipient or vendor.
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. In
addition (1) no Federal appropriated funds have been paid or will be paid, by or
on behalf of the undersigned, to any person for influencing or attempting to
Influence an officer or employee of an agency, a Member of Congress, an officer
17
or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement; and
(2) if any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant loan or cooperative agreement, the undersigned shall
complete and submit Standard Farm-LLL, "Disclosure Form to Report Lobbying,"
in accordance with its instructions.
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 laws 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
18
repair of any building or work financed in whole or in part with
assistance provided under this 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.
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 sub-Subrecipients. Failure to
fulfill these requirements shall subject the City, the Subrecipient and any
sub -Sub recipients, 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 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
19
the City's obligation to make payment to the Subrecipient hereunder exceed ONE HUNDRED
SEVENTY FIVE THOUSAND TWO HUNDRED TWENTY FOUR DOLLARS ($175,224). Payments
may be made once a month in cases covering reimbursement for operation costs, otherwise
upon presentation of vouchers. Payment may be suspended by the City in the event of a
default by Subrecipient. Payments may also be contingent upon certification of the
Subrecipient's financial management system in accordance with the standards specified in Title
24, CFR, Part 85.
III. 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 (the "Contract Period"). If Subrecipient
retains control over the Property purchased or rehabilitated 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 (Item 2.) is completed.
The City's obligation to provide funding under this Contract shall be from October 1,
2013 to September 30, 2014, and shall be contingent upon full compliance by
Subrecipient with all terms and conditions set forth herein.
B. Requirements for Release of Contract Funds.
The City will not release awarded funds to the Subrecipient until the following
conditions have been met:
1. Appraisal. The Subrecipient shall provide the City with an appraisal of the
Property completed by a certified appraiser.
2. Proof of Other Fundine 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. These documents must substantiate the entire cost of- the Property
purchase.
3. Environmental Review. The Subrecipient shall complete and submit to the
City a satisfactory Environmental Review for the Property, which is subject to the City's
review and concurrence in the City's discretion. The cost of that review is considered a
project cost and may be subtracted from the overall award amount.
4. Voluntary Sale. The Subrecipient shall provide the City with a copy of the
Voluntary Sale consent letter from the Property owner prior to closing.
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.
D. Conduct.
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 sub-Subrecipient
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 sub-Subrecipient has first provided it with a preliminary
statement of ability to comply with the requirements of these
regulations.
Assignability.
The Subrecipient shall not assign or transfer (a) any interest in this Contract; (b)
any of its rights or obligations under this Contract; or (c) its interest in any
property obtained using the funds provided under this Contract (including, but
not limited to, the Property described in Exhibit C), without the prior written
consent of the City; 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. For
20
assignments and transfers requiring City consent, the Subrecipient must give the
City no less than thirty (30) days advance notice of the proposed assignment or
transfer.
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.
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.
21
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 copyrightable 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 570.200(j). The Subrecipient cannot require a beneficiary to participate
in inherently religious activities. However, a faith -based organization may retain
its independence to carry out its mission, including allowing a Board of Directors
to be selected based on religious practice.
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 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;
22
• 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 III, 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.
X. Entire Agreement/Governing Law.
The provisions set forth in Items -XI, and all attachments of this Contract the
applicant's corresponding application for the City's Competitive Process, the applicant's verbal
presentation before the CDBG Commission, the Promissory Note(s), the Deeds) of Trust, the
Agreement of Restrictive Covenants for Real Property and any other applicable legal
documents, constitute the entire agreement between the parties hereto and no statement,
promise, conditions, understanding, inducement or representation, oral or written, express or
23
implied, which is not contained herein shall be binding or valid. This Contract shall be
governed under the laws of the State of Colorado.
XI. Subrecipient Certification
By signing below, the Subrecipient certifies that it understands the requirements of, will
comply with, and, during the term of this Agreement will remain in compliance with, Title VI of
the Civil Rights Act of 1964 (42 USC 2000d) and its implementing regulations, including, but not
limited to, Subrecipient's obligations under VIII.A.2. above.
24
XII. Authority to Sign
The persons executing this Contract on behalf of the Subrecipient represent that one or both
of them has the authority to execute this Contract and to bind the Subrecipient to its terms.
IN WITNESS WHEREOF, the parties have executed this Contract as of the date of the
most recent signatory.
ATTEST:
City Clerk/ 7f�
Fn�G(1„) wa� v7' J
THE CITY OF FORT COLLIN , COL ADO
A Municipal Corporation
By: -'N(r
City Manager
Date: IR -41— /3
25
APPRO D TO ORM:
,�
Sr. As Stan ity Attorney
SEXUAL ASSAULT VICTIM ADVOCATE CENTER, INC.
a Coloradonon-profit corpodation
BI
D;
B)
D;
Fed. I.D. #: 82-8386362
` Ame- C� cdoraclo
Cc>.La�'j O-( �0'Yt me.(
-16 4�oivtn 'vt--,1-ru4me,4 taus ac_kemL4edced ►p�Gore rrte
-wQs ac,F'—" A,,, rri No�ernbu 201 j bLJ �erin��er A. �✓tes
;'�pTARY'•.
�' PU13L o
sT••. .� eQ
�ci�rcoFcO�° ..�se.�li�ne C-Luz.wt�
5Acz+e " V Cabrcl a
'tke. �v�'egolneJ ��skunle.t„-t Its acktnnwledc�ecl IDe•iuf� r✓�e
-�Gt� s Z9-� � °� I�s°t�ervtber- , 71� � 3 by S-1-ac� 5►0 �e,✓i ,
ward �res�eienk , � c
26
ia St'yaFure :
JoSC��ivte C-tU'�+� vT
e
EXHIBIT A
SCOPE OF SERVICES
1. Project Description and Objectives.
Sexual Assault Victim Advocate Center, Inc. will purchase the property located at: 4812
South College Avenue, also known as:
Parcel #: 96012-05-035
Legal Description: BEG AT NW CDR OF LOT 1, TH S 0 51' W 405.03 FT TO TPOB; TH S 0
51' W 100 FT, N 89 08' W 250 FT, n 0 51' E 64.01 FT N 0 52' E 35.99 FT, S 89 08' E 249.99
FT TO POE, FAIRWAY EST, FTC, Larimer County, State of Colorado
Community Development Block Grant (CDBG) funds will be used for the acquisition of
the real property described in Exhibit C (the "Property'), and as outlined in the
Subrecipient's Fall 2012 Competitive Process application. The balance of the funds
necessary to purchase the Property will be raised by the Subrecipient.
2. CDBG-Eligible Activity, Use of Building as Public Facility, and Direct Service Benefit to
Low- and Moderate -Income Persons. Sexual Assault Victim Advocate Center, Inc. will
use the Property as a CDBG-eligible Public Facility, providing direct service benefits to a
client population consisting of at least 51% low- and moderate -income persons. Failure
to use the Property as such or to abide by terms of the Promissory Note and securing
Deed of Trust, will result in the City's Note being called due.
27
EXHIBIT B
PROJECT BUDGET
Funding Source
Amount
Item
FY10 & FY11 CDBG
$ 175,224
Due -on -sale loan to
Fall 2012 Competitive
assist with 4812 South
Process Award
College Avenue property
purchase*
TOTAL
$ 175,224
`The Subrecipient is responsible for raising the remainder of the funds necessary to
purchase the property.
28
EXHIBIT C
.LEGAL DESCRIPTION
Real property described as:
BEG AT NW CO R OF LOT 1, TH 5 0 51' W 405.03 FT TO TPOB; TH S 0 51' W 100 FT, N 89 08' W
250 FT, n 0 51' E 64.01 FT N 0 52' E 35.99 FT, S 89 08' E 249.99 FT TO POB, FAIRWAY EST, FTC,
Larimer County, State of Colorado
Address (more commonly known as):
4812 South College Avenue, Fort Collins, CO 80525
Larimer County Assessor's Parcel #:
96012-05-035 (will change in future due to non-profit entity ownership)
29
5. Property Purchase Contract. The Subrecipient shall submit to the City a copy
of a written contract between the Property seller and the Subrecipient, reflecting the
purchase price submitted in the Subreciplent's Competitive Process Application,
C. Time of Performance.
The Project shall commence upon the full and proper execution of this Contract and
shall be completed on or before September 30, 2014. 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 Subrecipient at least (60) days prior to September 30, 2014, and shall
include a full justification for the extension request.
D. Due on Sale Loan/Grant.
The portion of the funds awarded to the Subrecipient through this contract for the
purchase of the Property ($175,224) are provided as a "due -on -sale" loan at zero
percent interest unless otherwise specified in the Scope of Services. This loan also
requires payment of five percent simple interest on the loan principal, which payment
shall be made to the City at the payoff of the loan. The loan is due in full, at once, in
the event of sale or transfer by the Subrecipient of any interest in the Property, in the
event of a default by Subrecipient under this Contract, if the Subrecipient commits
fraud, deceit or misrepresentation in obtaining funding, ninety years from the date of
the Promissory Note associated with the loan, or as otherwise described in the
Promissory Note and Deed of Trust securing the loan.
The remaining funds, which are to be spent for other CDBG-eligible activities related to
due diligence in preparation for the Property purchase, are issued as a grant. In no
event will the total amount of funds provided by the City under this Agreement exceed
$175,224.
E. Same or Similar Use
During the term of Subrecipient's ownership of the Property, the Subrecipient shall
maintain the Property for the uses outlined in Exhibit A, 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 Subrecipient shall immediately and fully reimburse the City for all CDBG
monies loaned by the City under this Contract.
EXHIBIT D
AFFIDAVIT TEMPLATE FOR PROOF OF LEGAL PRESENCE
AFFIDAVIT PURSUANT TO C.R.S.24-76.5-303
I, swear or affirm under penalty of perjury
under the laws of the State of Colorado that (check one):
I am a United States citizen, or
I am a Permanent Resident of the United States, or
I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a
public benefit. I understand that state law requires me to provide proof that I am lawfully present
in the United States prior to receipt of this public benefit. I further acknowledge that making a
false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable
under the criminal laws of Colorado as perjury in the second degree under Colorado Revised
Statute 18-8-503 and it shall constitute a separate criminal offense each time a public benefit is
fraudulently received.
Signature Date
I INTERNAL USE ONLY: Valid Forms of Identification I
• current Colorado driver's license, minor driver's license, probationary drivers license, commercial drivels license,
restricted drivels license, Instruction permit
• current Colorado identi0cation card
• U.S. military card or dependent Identification card
• U.S. coast guard merchant mariner card
• Native American tribal document
30
F. 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 City may require the Subrecipient to bear the cost for such items. The
City is not obligated to release funds without satisfactory due diligence.
IV. Notices.
Notices required to be given under this Contract shall be hand delivered or sent by U.S. Mail or
overnight commercial courier and directed to the following Contract representatives:
City
CDBG Program
Social Sustainability Department
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522-0580
V. Special Conditions.
Subreciplent
Executive Director
Sexual Assault Victim Advocate Center, Inc.
4812 S. College Ave.
Fort Collins, CO 80525
A. Compliance with Federal Regulations. The Subrecipient agrees to comply with the
requirements of Title 24 Code of Federal Regulations, Part 570, of the Housing and Urban
Development regulations concerning Community Development Block Grants, Title II of the
Cranston -Gonzales National Affordable Housing Act and all federal regulations and policies
issued pursuant to these regulations. The Subrecipient further agrees to utilize funds available
under this Contract to supplement rather than supplant funds otherwise available.
B. Compliance with Laws. The Subrecipient, in performance of this Agreement, agrees
to comply with all applicable Federal, State and Local Laws and ordinances, and other policies
and guidelines established for the City of Fort Collins. Subrecipient agrees to comply with all
provisions of the Americans with Disabilities Act and all regulations interpreting or enforcing
such act.
C. Proof of Lawful Presence
Subrecipient acknowledges that the City's Competitive Process funds are a "public
benefit" within the meaning of C.R.S. § 24-76.5-102. As such, the Subrecipient shall ensure
compliance with C.R.S. § 24-76.5-103 of State statute by performing the required verifications.
Specifically, when required the Subrecipient shall ensure that:
a. if the public benefit provided by the funds flows directly to a natural person (i.e.,
not a corporation, partnership, or other legally -created entity) 18 years of age or older, he/she
must do the following:
complete the affidavit attached to this Agreement as Exhibit D.
(ii) attach a photocopy of the front and back of one of the following forms of
identification: a valid Colorado driver's license or Colorado identification card; a
United States military card or military dependent's identification card; a United
States Coast Guard Merchant Mariner identification card; or a Native American
tribal document.
b. If an individual applying for the benefits identified herein executes the affidavit
stating that he/she is an alien lawfully present in the United States, Subrecipient shall
verify his/her lawful presence through the federal systematic alien verification or
entitlement program, known as the "SAVE Program," operated by the U.S. Department
of Homeland Security or a successor program designated by said department. In the
event Subrecipient determines through such verification process that the individual is
not an alien lawfully present in the United States, the Subrecipient shall not provide
benefits to such individual with the City's Competitive Process funds.
The City acknowledges that the Scope of Services provided by Subrecipient herein may
fall within several exceptions to the verification requirements of C.R.S. § 24-76.5-103 for non-
profits. For example, certain programs, services, or assistance such as, but not limited to, soup
kitchens, crisis counseling and intervention, short-term shelter or prenatal care are not subject
to the verification requirements of C.R.S. § 24-76.5-103.
D. Prohibition Against Employing Illegal Aliens
This paragraph applies to all Subrecipients whose performance of work under this
Contract does not involve the delivery of a specific end product other than reports that are
merely incidental to the performance of said work. In compliance with C.R.S. § 8-17.5-101,
Subecipient represents and agrees that:
(a) As of the date of this Contract, Subrecipient does not knowingly employ or contract
with an illegal alien who will perform work under this Contract; and Subrecipient will
participate in the electronic employment verification program created in Public Law
104-208, as amended, and expanded in Public Law 108-156, as amended, and jointly
administered by the United States Department of Homeland Security and the Social
Security Administration, or its successor program (the "E-verify Program") in order to
confirm the employment eligibility of all employees who are newly hired for
employment to perform work under this Contract.
(b) Subrecipient shall not knowingly employ or contract with an illegal alien to perform
work under this Contract or enter Into a contract with a subcontractor that fails to
certify to Subrecipient that the subcontractor shall not knowingly employ or contract
with an Illegal alien to perform work under this Contract.
(c) Subrecipient has confirmed -the employment eligibility of all employees who are
newly hired for employment to perform work under this Contract through either the E-
verify Program or the employment verification program established by the State of
Colorado, pursuant to Section 8-17.5-102(5)(c), C.R.S. (the "Department Program').
(d) Subrecipient is prohibited from using the E-verify Program or the Department
Program procedures to undertake pre -employment screening of job applicants while this
Contract is being performed.
(e) If Subrecipient obtains actual knowledge that a subcontractor performing work
under this Contract knowingly employs or contracts with an illegal alien, Subrecipient
shall:
(i) Notify such subcontractor and the City within three days that Subrecipient
has actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
(ii) Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does
not cease employing or contracting with the illegal alien; except that
Subrecipient shall not terminate the contract with the subcontractor if during
such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien.
(f) Subrecipient shall comply with any reasonable request by the Colorado Department
of Labor and Employment (the "Department") made in the course of an investigation
that the Department undertakes or is undertaking pursuant to the authority established
in Subsection 8-17.5-102 (5), C.R.S.
(g) If Subrecipient violates any provision of this Contract pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Contract. If this
Contract is so terminated, Subrecipient shall be liable for actual and consequential
damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S.
(h) The City will notify the Office of the Secretary of State if Subrecipient violates this
provision of this Contract and the City terminates the Contract for such breach.
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 of Subrecipient's employees in an amount
equal to cash advances from the City.
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 5ubrecipient 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. Subrecipient may terminate this Contract at any time by giving written notice to
the City 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 Services, may only be undertaken with the prior
approval of City. If the Subrecipient terminates this Contract, all funds
previously paid to Subrecipient by the City pursuant to this Contract must be
repaid to the City upon such termination.
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
Competitive Process contracts for funding, 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 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 may exercise the City's rights
under any security interest of the City arising hereunder.
3. In the event of any termination pursuant to this section, the Subrecipient shall
remit to the City all monies previously paid by the City to the Subrecipient under
this Contract, and all finished or unfinished documents, data, studies, surveys,
maps, models, photographs, reports or other materials prepared by
8
Subrecipient under this Contract shall, at the option of the City, become the
property of the City, provided, however, that 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. Remedies: In the event of termination for cause, the City may pursue any
remedies available to it at law or in equity, including, without limitation,
damages, specific performance, and criminal remedies. All representations
made by the Subrecipient to the City either in this Agreement or for the purpose
of inducing the City to execute this Agreement are hereby sworn to the City to
be true, correct, honest and forthright and are made under penalty of perjury.
5. 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.
VII. 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.
3. Suspension and Debarment.
By executing this Contract, Subrecipient verifies and affirms that it has not been
suspended or debarred from participating in or receiving federal government
contracts, subcontracts, loans, grants or other assistance programs.
9