HomeMy WebLinkAboutCORRESPONDENCE - PURCHASE ORDER - 9191647Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and ROOT POLICY RESEARCH, hereinafter referred to as the
"Professional".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance with the
scope of services attached hereto as Exhibit A, consisting of eight (8) pages, and
incorporated herein by this reference. Irrespective of references in Exhibit A to certain
named third parties, Professional shall be solely responsible for performance of all duties
hereunder.
2. Contract Period. This Agreement shall commence September 23, 2019, and shall continue
in full force and effect until April 15, 2020, unless sooner terminated as herein provided.
3. Early Termination by City. Notwithstanding the time periods contained herein, the City may
terminate this Agreement at any time without cause by providing written notice of termination
to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the
termination date contained in said notice unless otherwise agreed in writing by the parties.
All notices provided under this Agreement shall be effective when mailed, postage prepaid
and sent to the following addresses:
Professional: City:
Root Policy Research
Attn: Heidi Aggeler
6740 East Colfax Avenue
Denver, CO 80220
City of Fort Collins
Attn: Social Sustainability
PO Box 580
Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for
services rendered prior to the date of termination, subject only to the satisfactory
performance of the Professional's obligations under this Agreement. Such payment shall be
the Professional's sole right and remedy for such termination.
4. Design, Project Indemnity and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to designs,
plans, reports, specifications, and drawings and shall, without additional compensation,
promptly remedy and correct any errors, omissions, or other deficiencies. The Professional
shall indemnify, save and hold harmless the City, its officers and employees in accordance
with Colorado law, from all damages whatsoever claimed by third parties against the City;
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and for the City's costs and reasonable attorney’s fees, arising directly or indirectly out of
the Professional's negligent performance of any of the services furnished under this
Agreement. The Professional shall maintain insurance in accordance with Exhibit B,
consisting of one (1) page, attached hereto and incorporated herein.
5. Compensation. In consideration of the services to be performed pursuant to this Agreement,
the City agrees to pay the Professional on a time and reimbursable direct cost basis in
accordance with Exhibit A, consisting of eight (8) pages, attached hereto and incorporated
herein, with maximum compensation (for both Professional's time and reimbursable direct
costs) not to exceed Forty-Nine Thousand, Five Hundred Fifty Dollars ($49,550). Monthly
partial payments based upon the Professional's billings and itemized statements of
reimbursable direct costs are permissible. The amounts of all such partial payments shall
be based upon the Professional's City-verified progress in completing the services to be
performed pursuant hereto and upon the City's approval of the Professional's reimbursable
direct costs. Final payment shall be made following acceptance of the Work by the City.
Upon final payment, all designs, plans, reports, specifications, drawings and other services
rendered by the Professional shall become the sole property of the City.
6. License. Upon execution of this Agreement, the Professional grants to the City an
irrevocable license to use any and all sketches, drawings, specifications, designs,
blueprints, data files, calculations, studies, analysis, renderings, models and other Work
Order deliverables (the “Instruments of Service”), in any form whatsoever and in any
medium expressed, for purposes of constructing, using, maintaining, altering and adding to
the project, provided that the City substantially performs its obligations under the
Agreement. The license granted hereunder permits the City and third parties reasonably
authorized by the City to reproduce applicable portions of the Instruments of Service for use
in performing services or construction for the project. In addition, the license granted
hereunder shall permit the City and third parties reasonably authorized by the City to
reproduce and utilize the Instruments of Service for similar projects, provided however, in
such event the Professional shall not be held responsible for the design to the extent the
City deviates from the Instruments of Service. This license shall survive termination of the
Agreement by default or otherwise. The Professional acknowledges the City is a
governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et
seq. (the “CORA”), and documents in the City’s possession may be considered public
records subject to disclosure under the CORA.
7. City Representative. The City will designate, prior to commencement of work, its project
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations,
change orders, and other clarification or instruction shall be directed to the City
Representative.
8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement
and every thirty (30) days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Scope of
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Services, Work Schedule, and other material information. Failure to provide any required
monthly report may, at the option of the City, suspend the processing of any partial payment
request.
9. Independent Contractor. The services to be performed by Professional are those of an
independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of Professional's compensation hereunder for
the payment of FICA, Workers' Compensation, other taxes or benefits or for any other
purpose.
10. Subcontractors. The Professional may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not be
unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of
the City), then the following provisions shall apply: (a) the subcontractor must be a reputable,
qualified firm with an established record of successful performance in its respective trade
performing identical or substantially similar work, (b) the subcontractor will be required to
comply with all applicable terms of this Agreement, (c) the subcontract will not create any
contractual relationship between any such subcontractor and the City, nor will it obligate the
City to pay or see to the payment of any subcontractor, and (d) the Work of the subcontractor
will be subject to inspection by the City to the same extent as the Work of the Professional.
The Professional shall require all subcontractors performing Work hereunder to maintain
insurance coverage naming the City as an additional insured under this Agreement of the
type and with the limits specified within Exhibit “C”, consisting of one (1) page attached
hereto and incorporated herein by this reference. The Professional shall maintain a copy of
each subcontract’s certificate evidencing the required insurance. Upon request, the
Professional shall promptly provide the City with a copy of such certificate(s).
11. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Professional and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under the Agreement without the prior written
consent of the City.
12. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications,
reports, and incidental work or materials furnished hereunder shall not in any way relieve
the Professional of responsibility for the quality or technical accuracy of the Work. The City's
approval or acceptance of, or payment for, any of the services shall not be construed to
operate as a waiver of any rights or benefits provided to the City under this Agreement.
13. Default. Each and every term and condition hereof shall be deemed to be a material element
of this Agreement. In the event either party should fail or refuse to perform according to the
terms of this agreement, such party may be declared in default.
14. Remedies. In the event a party has been declared in default, such defaulting party shall be
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allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement
and seek damages; (b) treat the Agreement as continuing and require specific performance;
or (c) avail himself of any other remedy at law or equity. If the non-defaulting party
commences legal or equitable actions against the defaulting party, the defaulting party shall
be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees
and costs incurred because of the default.
15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors,
heirs, personal representatives, successors and assigns of said parties.
16. Law/Severability. The laws of the State of Colorado shall govern the construction,
interpretation, execution and enforcement of this Agreement. In the event any provision of
this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction,
such holding shall not invalidate or render unenforceable any other provision of this
Agreement.
17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., the Professional represents and agrees that:
a. As of the date of this Agreement:
1. The Professional does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. The Professional will participate in either the e-Verify program created in Public Law
208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of Homeland
Security (the “e-Verify Program”) or the Department Program (the “Department
Program”), an employment verification program established pursuant to Section 8-
17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired
employees to perform work under this Agreement.
b. The Professional shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. The Professional is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
d. If the Professional obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, the Professional
shall:
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1. Notify such subcontractor and the City within three days that the Professional has
actual knowledge that the subcontractor is employing or contracting with an illegal
alien; and
2. 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 the Professional 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.
e. The Professional 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.
f. If the Professional violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If
this Agreement is so terminated, the Professional shall be liable for actual and
consequential damages to the City arising out of the Professional’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if the Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
18. Special Provisions. Special provisions or conditions relating to the services to be performed
pursuant to this Agreement are set forth in Exhibit C - Confidentiality, consisting of one (1)
page, and Exhibit “D” – Federal Terms and Conditions for Community Development Block
Grant Funding, consisting of eight (8) pages, attached hereto and incorporated herein by
this reference.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of the most
recent signatory.
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
Date: _________________________ By: __________________________________
Darin A. Atteberry, City Manager
ATTEST:
______________________________
City Clerk
______________________________
(Printed Name)
APPROVED AS TO FORM:
______________________________
Assistant City Attorney
______________________________
(Printed Name)
PROFESSIONAL:
ROOT POLICY RESEARCH
Date: _________________________ By: ________________________________
________________________________
(Printed Name)
Title:
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Mollie Fitzpatrick
Managing Director
9/17/2019
Ryan Malarky
9/20/2019
Delynn Coldiron
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EXHIBIT A
SCOPE OF SERVICES
The City of Fort Collins is seeking a consultant to update the Fort Collins Social Sustainability
Gaps Analysis. The time period for the project will be September 23, 2019 – April 15, 2020. The
Social Sustainability Department has requested proposals from qualified firms and individuals
with proven experience in developing similar planning documents, in compliance with all
associated federal laws and regulatory requirements.
Every 5-years the City is required by the federal Department of Housing and Urban
Development (HUD) to develop a Consolidated Plan and an Analysis of Impediments to Fair
Housing Choice. The City also maintains a 5-year cycle for updates to its local Affordable
Housing Strategic Plan. An emerging priority for the City of Fort Collins includes mobile home
park preservation, and therefore an update to the Affordable Housing Redevelopment
Displacement Mitigation Strategy is necessary. A first-of-its-kind Human Services Strategic Plan
is also desired by the City. These five documents will be developed internally by City staff in
2019-2020.
The vendor selected by the City of Fort Collins must be capable of delivering a Fort Collins
Social Sustainability Gaps Analysis update that will catalyze and substantiate the development
of these five plans with community-based data.
Professional shall provide document and reports to the City in a format that will allow the City to
easily extract individual charts/graphs/text for use in presentations and other materials.
Services/Deliverables
1. The services to be performed under this Agreement include, but are not limited to:
Update of the Fort Collins Social Sustainability Gaps Analysis
Professional will utilize the existing 2014 Social Sustainability Gaps Analysis to serve as the guiding
document for the structure and composition of the 2019-2020 Gaps Analysis. The 2014 document can be
viewed here: https://www.fcgov.com/sustainability/pdf/GAPSAnalysis.pdf
The revised Gaps Analysis will be based upon sound data and current information.
The 2014 Gaps Analysis addresses the following social issue areas, which will need to be
updated and included in the 2019-2020 project:
• Housing
• Homelessness (including Veterans)
• Persons Living in Poverty
• Health and Wellness
• Education and At-Risk Youth
• Diversity and Equity (including LGBTQIA+ residents)
• Targeted Populations: Persons with Disabilities, Seniors, Victims of Domestic Violence
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The following social issue areas have been additionally identified for inclusion or greater detailed
analysis in the 2019-2020 project, aligning with the same format as the items listed above:
• Early Childhood Education
• Mobile Home Park Preservation and Resident Protections
The analysis report will consist of three primary parts:
1. Listing of characteristic factors (such as current conditions, forces, trends, resources,) of
the present situation ("where are we as an organization and community").
2. Identifying goals, objectives and outcomes for the future ("what should be").
3. Highlighting the gaps that exist and need to be filled.
Limited public and stakeholder engagement may be necessary; however, most of this project
will focus on ascertaining, analyzing and synthesizing existing or emerging data. Gaps in
information will need to be filled through further research. We anticipate using, to the extent
possible, existing information from current plans and sources.
The outreach and information provided will be used by the Social Sustainability Department to
assist with the following internal planning documents:
1. 2020-2024 HUD Consolidated Plan
2. 2020 Update - HUD Analysis of Impediments to Fair Housing Choice
3. 2020-2024 Affordable Housing Strategic Plan
4. 2020-2024 Human Services Strategic Plan
5. 2020 Update – Affordable Housing Redevelopment Displacement Mitigation Strategy
Professional’s Proposal Response
The full proposal is included as Exhibit E, consisting of thirty-two (32) pages. Below are the
primary deliverables and services detailed in the Professional’s proposal.
Root Policy Research understands the desire of the City of Fort Collins to update the 2014
Social Sustainability Gaps Analysis and to include two additional social issue areas related to
Early Childhood Education and Mobile Home Park Preservation and Resident Protections.
We have crafted a scope to provide a cost-effective approach to collect reliable and current
data on the housing market and social issue areas in Fort Collins. The scope was guided by the
objectives and desired analyses specified in the RFP, including the City’s desire to leverage this
process to inform upcoming HUD-required Plans and internal documents. During the
contracting phase, we would work with the City to modify the scope to best meet the project
goals and budget needs.
TASK 1. Project Initiation Meeting
Immediately after the notice to proceed, our research team would hold a conference call or in-
person meeting with project management staff. At this meeting we would:
• Review the scope of services stated in the RFP and how the proposed approach aims to
accomplish each;
• Discuss the City’s satisfaction with the 2014 Gaps Analysis and identify any areas of
improvement;
• Discuss the types of data privately and publicly available for the analysis; and
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• Develop a list of stakeholders who should be engaged in the study and the form and
timing of engagement.
If desired, throughout the project, we would hold monthly calls with project staff to discuss
project progress and findings.
TASK 2. Existing Conditions Research
In this task, our team would quantify the baseline conditions across each social issue area
informed by existing reports and studies, updated population and needs models, and current
market and socioeconomic data.
MODEL UPDATE. Root, under our previous structure of BBC Research, is the team that drafted
the 2014 Gaps Analysis. As such, we would begin by updating the proprietary models used to
quantify conditions in Housing, Homelessness, Poverty, Health/Wellness, Education and At-
Risk Youth, Diversity and Equity, and Targeted Populations. To the extent possible, we would
rely on current iterations of the same data sources (e.g., 2017 American Community Survey) for
direct comparability with the 2014 report.
NEW ISSUE AREAS. In addition to the issue areas described above (from the 2014 Gaps
Analysis) Root would design similar methodologies for quantifying and tracking needs in early
childhood education and mobile home park preservation and resident protections.
• Early Childhood Education – This analysis would encompass needs for childcare from
infants through six-year olds who have not yet started kindergarten. Data analysis would
include population by age of children, proportion of children in households in which all
adults work outside the home, number and proportion of multigenerational households in
which grandparents are caring for children, and trends in school district enrollment by
grade. Root would also quantify the “supply” side of the equation by identifying number
and type of licensed childcare spots available in the City by age accommodated. As
discussed in stakeholder outreach task, Root would also gather information from childcare
providers on enrollment trends, waitlists, childcare costs, and perception of needs.
• Mobile Home Park Preservation and Resident Protections –Nationally, mobile home
park lot rents have been increasing steadily—and in some cases dramatically—over the
past five years, putting this once naturally occurring affordable option out of reach for
many. In addition, current mobile home park residents can effectively feel “trapped” in
their situation because they own the home but not the land underneath while restrictions
and costs prevent moving the home to a new location. For this topic area, Root would
quantify the number and age of mobile homes as well as zoning capacity for mobile home
parks. We would also identify typical costs for mobile home residents in Fort Collins
compared to occupant incomes. We also propose, in the resident/stakeholder outreach
task, a focus group with mobile home occupants to identify primary needs and challenges
among this group.
ADDITIONAL DATA EXPLORATION. Using the updated models as a foundation, Root would
also explore emerging applicable datasets and recently released local and/or national reports
and studies to enhance the quantitative analysis and provide context for the identified needs.
After completing the initial analysis, Root would discuss the preliminary results with the City
and evaluate the most strategic opportunities for additional research.
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GEOGRAPHIC DISAPRITIES. The 2014 Gaps Analysis focused largely on the citywide needs
in Fort Collins. We propose incorporating additional geographic detail where possible to explore
disparities in access to community assets and stressors. This analysis would also inform
required components of the City’s Analysis of Impediments to Fair Housing Choice and
Consolidated Plan.
TASK 3. Resources to Address Needs & Preliminary Gaps
In this task, the Root team would analyze the supply of resources to address existing needs in
each social issue area described above. In some cases, this may include market analysis of
supply (e.g., naturally occurring affordable housing provided by the private market) but it also
includes programs and services available to address needs (e.g., health clinics). The Root team
would then prepare a preliminary gaps model and forecast to identify mismatches in the supply
and demand of social services by comparing current service levels and service demand.
• Resources and capacity. This analysis begins with a review of resources identified in
the 2014 Gaps analysis. This includes a quantitative analysis of changes in market
dynamics and supply as well as research on existing non-profit programs, private
enterprises, and public programs that are currently working to meet the needs identified
in Task 2.
• Projections and preliminary gaps. The preliminary gaps analysis compares the
existing conditions data with the existing resources and capacity levels to identify the
“gaps” in existing markets and social issue areas.
• Projections. An important part of the gaps analysis will be to translate population growth
projections into expected future service demand. We will use the gaps model to identify
where social service provision is out of balance for the City in current and future
scenarios. The estimates of future social services needs—as well as information on the
factors most important for addressing the most critical needs.
Task 3 results in the completion of existing conditions by adding the supply and resources
metrics to the demand and need metrics from Task 2. The preliminary gaps analysis sets the
stage for determining goals, objectives and outcomes, discussed in Task 5.
TASK 4. Community and Stakeholder Engagement
Root understands the desire of the City to limit public and stakeholder engagement to strategic
components where data may not be available or where additional depth/input is required. We
propose the following engagement opportunities to fill gaps in available information and to
clarify resources available. These options can be considered a “menu” of choices; each option
could be tailored to fit the City’s desired scope and budget and can be evaluated as the project
progresses. We consider the stakeholder interviews and/or survey to be the most critical for
completion of the study. These efforts would help identify resource gaps and the impacts of
system delivery changes since 2014.
1. Up to 5 stakeholder interviews with service providers. As needed by issue area, the
preliminary estimates of demand and of resources would be vetted with stakeholders
through in-person interviews. We would also collect information on what factors are
most important for improving the needs of targeted groups from stakeholders. We
anticipate conducting these interviews on an as needed basis and would discuss
strategic partnership opportunities with City staff.
2. Stakeholder survey. A stakeholder survey for service providers, advocates, housing
developers, and others provides an efficient mechanism to gather data and perspective
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across a spectrum of issue areas. This would also directly feed the Consolidated Plan by
asking stakeholders about priorities related to community development needs/funds.
3. Resident focus group with mobile home park residents. This population group
typically has unique needs which can be difficult to quantify based on readily available
data. As a result, we suggest one in-depth focus group with current residents to explore
qualitative needs and their perception of available services.
4. Childcare provider outreach. In order to determine supply and utilization of existing
childcare options in Fort Collins, Root proposes a very brief survey of all licensed
providers. The 5-minute (or less) survey would be designed to determine the number
and ages of children/families using childcare services, frequency of use (days per week),
waitlist length (if applicable) and the ratio of residents to in-commuters currently
accessing childcare services. Root has successfully conducted similar studies in other
Colorado communities to measure supply/demand of childcare by age.
5. Community forum. If desired by the city, Root would conduct a community forum to
vet the gaps analysis with residents and to gather additional data on perceptions of
need from the community. Similar meetings were held as part of the 2014 Gaps Analysis
and our proposal would be to structure these meetings as open house with games and
activities to engage attendees.
TASK 5. Determining Goals, Objectives, and Outcomes
The consultant will work with the City to evaluate current goals and identify future social service
goals, objectives, and outcomes, which will provide a target to measure current gaps in service.
For each issue area, we will document the social services objectives of the City and appropriate
stakeholders. For example, the City may have a goal to provide access to affordable and
accessible housing to all low income and disabled residents. The project team will obtain goals
for City social sustainability through interviews with City social sustainability staff and the
project staff. The goals will be stated in the metrics that are identified in the previous task, e.g.,
affordable housing units, transitional housing units, childcare “slots,” citywide obesity rate, etc.
TASK 6. Refine Gaps Analysis
In this task, Root would refine the preliminary gaps analysis based on stakeholder and resident
feedback as well as the goals determined by the City. Our initial measures of need will be
determined by combining needs from our data model and existing reports and studies to
create a range of estimates (upper and lower bounds of needs) by issue area and targeted
population. The refined gaps model will identify mismatches in the supply and demand of social
services by comparing current service levels, service demand, and City goals.
TASK 7. Refine Gaps Analysis
Root will prepare a draft and final Gap Analysis Report that documents the team’s findings from
the tasks above. This will be reviewed with staff and revised as needed. The draft would include
a highly visual executive summary, with key findings and infographics that makes the results
accessible to a wide range of audience. As part of the report Root would develop a dashboard
for each target population group included in the assessment. The figure on the following page
shows an example of the dashboard we developed for at-risk youth as part of the 2014 Gaps
Analysis.
Root would also present the findings of the study to an audience of the City’s choice (e.g., City
Council, Advisory Committee, public meeting, etc.).
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Engagement Option Priorities
From the Professional’s listing of engagement options proposed in Task 4, three opportunities
are of primary importance to the City of Fort Collins.
In order to obtain information gaps in localized data, the City of Fort Collins desires that public
and stakeholder engagement by the Professional will be limited to the following:
• Stakeholder Interviews with Service Providers
o up to 10 service providers identified by the City of Fort Collins
• Childcare Provider Outreach
o survey focus and desired outcomes will be determined in consultation with the City of
Fort Collins
• Community Forum
o forum focus and desired outcomes will be determined in consultation with the City of
Fort Collins
Additionally, an emphasis on representation from Hispanic/Latinx and low-income residents is
desired in the engagement opportunities and research activities, but not at the exclusion of
other groups.
Early Results Framework Draft
To ensure the project its tracking to the City’s desired outcomes, an early draft document that
provides the framework and a sketch of early findings and results is desired and shall be
delivered in early February 2020.
Implementation Time Frames
THE FOLLOWING PRELIMINARY SCHEDULE MAY BE ALTERED AT ANY TIME WITHOUT
PRIOR NOTIFICATION.
Contract Start Date September 23, 2019
Project Initiation Meeting (Task 1) Late September 2019
Existing Conditions Research (Task 2) October 2019 – December 2019
Resources and Preliminary Gaps (Task 3) Early December 2019 – Late January 2020
Stakeholder Interviews (Task 4) November 2019 – January 2020
Childcare Provider Outreach (Task 4) Mid-October 2019 – Mid-November 2020
Community Forum (Task 4) TBD
Goals, Objectives and Outcomes (Task 5) January 2020
Delivery of Framework Draft Early February 2020
Refine Gaps Analysis (Task 6) Mid-January 2020 – Late February 2020
Development of Findings & Report (Task 7) Late January 2020 – February 2020
Draft Report (Task 7) Early March 2020
Final Report (Task 7) Late March 2020
Presentations (Task 7) Late March 2020
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Estimated Hours by Task
Task Hours Assignment Hours/Task
Project Initiation Meeting (Task 1) D-4 A-2 RA-0 DC-0 6
Existing Conditions Research (Task 2) D-8 A-24 RA-40 DC-0 72
Resources and Preliminary Gaps (Task 3) D-14 A-32 RA-36 DC-0 82
Stakeholder Interviews (Task 4) D-5 A-14.5 RA-2 DC-0 21.5
Childcare Provider Outreach (Task 4) D-2 A-6 RA-4 DC-0 12
Community Forum (Task 4) D-2 A-6 RA-10 DC-$1,200 18
Goals, Objectives and Outcomes (Task 5) D-18 A-6 RA-0 DC-0 24
Refine Gaps Analysis (Task 6) D-12 A-16 RA-24 DC-0 52
Development of Findings & Report (Task 7) D-16 A-8 RA-20 DC-0 44
Summary of Hours D-81 A-114.5 RA-136 DC-$1,200 331.5
D – Directors ($175/hr) | A – Associate ($150/hr) | RA – Research Associate ($125/hr)
DC – Direct Cost
Cost by Tasks
Task Total Fees
Project Initiation Meeting (Task 1) $ 1,000
Existing Conditions Research (Task 2) $ 10,000
Resources and Preliminary Gaps (Task 3) $ 11,750
Stakeholder Interviews (Task 4) $ 3,300
Childcare Provider Outreach (Task 4) $ 1,750
Community Forum (Task 4) $3,700
Goals, Objectives and Outcomes (Task 5) $ 4,050
Refine Gaps Analysis (Task 6) $ 7,500
Development of Findings & Report (Task 7) $ 6,500
Total Cost with Selected Engagement $ 49,550
Professional’s Project Team
The primary team of professionals who would work on the study includes Heidi Aggeler, Mollie
Fitzpatrick, and Jen Garner. Kristin Aaker and Kelsey Clark, research associates, would assist
with research. Subconsultants would not be used for the project.
PROJECT MANAGER. Heidi Aggeler would oversee all research and staff and she, along
with Mollie Fitzpatrick, would be the primary client contacts.
MODEL ARCHITECT. Mollie Fitzpatrick would lead the quantitative analysis for the project.
She has built neighborhood-level equity models for the City of Austin, the Houston-Galveston
planning agency, DRCOG, and the City and County of Denver.
RESOURCE RESEARCH AND COMMUNITY ENGAGEMENT. Jen Garner would lead
the available resources research and any stakeholder and resident engagement efforts with
support from Kristin Aaker and Kelsey Clark.
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City of Fort Collins Staff Responsibilities
The Social Sustainability Staff Team and the Point of Contact (POC) person will be available on
a limited and negotiated basis to coordinate activities with the consultant. At a minimum, staff
will be available for bi-weekly meetings with the Consultant to review progress, coordinate
activities, and discuss policy issues. City staff will also assist with providing required comments
to public comments made. The City will provide for the cost of public notifications for the public
review comment period. Members of the Staff Team may include:
• Erin Zimmermann (POC, Administrative Assistant – Economic Health Office)
• Beth Sowder (Director, Social Sustainability Department)
• Adam Molzer (City Grants & Community Partnerships Coordinator)
• Beth Rosen (Grants Compliance & Policy Manager)
• Dianne Tjalkens (CDBG/HOME Program Administrator)
• Sue Beck-Ferkiss (Social Policy and Housing Program Manager)
• Meaghan Overton (City Planner)
• Shawna VanZee (City Planning Specialist)
• Jill Marx (Communications Specialist)
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EXHIBIT B
INSURANCE REQUIREMENTS
1. The Professional will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing Work
under this bid, the Professional shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement:
“The insurance evidenced by this Certificate will not reduce coverage or limits and
will not be cancelled, except after thirty (30) days written notice has been received
by the City of Fort Collins.”
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Professional, such insurance
as the City may deem proper and may deduct the cost of such insurance from any
monies which may be due or become due the Professional under this Agreement. The
City, its officers, agents and employees shall be named as additional insureds on the
Professional 's general liability and automobile liability insurance policies for any claims
arising out of Work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Professional shall maintain
during the life of this Agreement for all of the Professional's employees engaged in
Work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Professional shall maintain during the
life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise
directly or indirectly from the performance of Work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $1,000,000 combined single limits for bodily injury and property damage.
In the event any Work is performed by a subcontractor, the Professional shall be
responsible for any liability directly or indirectly arising out of the Work performed
under this Agreement by a subcontractor, which liability is not covered by the
subcontractor's insurance.
C. Errors & Omissions. The Professional shall maintain errors and omissions
insurance in the amount of $1,000,000.
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EXHIBIT C
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or relate
to the City or its employees, customers or suppliers, which access is related to the performance
of services that the Professional has agreed to perform, the Professional hereby acknowledges
and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Professional
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the City).
The Professional shall not disclose any such information to any person not having a legitimate
need-to-know for purposes authorized by the City. Further, the Professional shall not use such
information to obtain any economic or other benefit for itself, or any third party, except as
specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Professional understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Professional shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Professional ceases to perform services for the City, or the City so requests
for any reason, the Professional shall promptly return to the City any and all information described
hereinabove, including all copies, notes and/or summaries (handwritten or mechanically
produced) thereof, in its possession or control or as to which it otherwise has access.
The Professional understands and agrees that the City’s remedies at law for a breach of the
Professional’s obligations under this Confidentiality Agreement may be inadequate and that the
City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
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EXHIBIT D
FEDERAL TERMS AND CONDITIONS FOR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
VERSION 2019
SECTION 1. COMPLIANCE WITH LAWS.
(A) The Professional, in performance of this Agreement, agrees to comply with all
applicable Federal, State and Local Laws and ordinances, and the rules and regulations
promulgated by the U.S. Department of Housing and Urban Development, including but not
limited to the requirements of Title 24 Code of Federal Regulations, Part 570, of the Housing and
Urban Development regulations concerning Federal Community Development Block Grant
Regulations, Title II of the Cranston-Gonzales National Affordable Housing Act and all federal
regulations and policies issued pursuant to these regulations; and other policies and guidelines
established for the City of Fort Collins CDBG Program. Professional agrees to comply with all
provisions of the Americans with Disabilities Act and all regulations interpreting or enforcing such
act.
(B) The Professional shall carry out each activity in compliance with all Federal laws
and regulations described in Subpart K of 24 CFR 570 (Other Program Requirements), regardless
if the law is specifically stated in this Agreement, except that the Professional does not assume
the City’s environmental responsibilities described in Section 570.604; and the Professional does
not assume the City’s responsibility for initiating the review process under Executive Order 12372.
(C) The Professional agrees to comply with all applicable Federal, State, County or
Municipal standards for licensing, certification and operation of facilities and programs, and
accreditation and licensing of individuals, and any other standards or criteria as described in the
Agreement to assure quality of services; and the Professional agrees to obtain, at its own
expense, all necessary licenses and permits.
In the event of an investigation pertaining to, or a suspension of any license or permit related to
the services for which the City is providing funding under this Agreement, the City may
terminate this Agreement and withhold all further funds, and may require the Professional to
remit to the City all (or a portion of) the funds theretofore received under this Agreement. The
City may also declare the Professional ineligible for any further participation in City Community
Development Block Grant (CDBG), HOME Investment Partnership, Affordable Housing Fund
(AHF), Human Services Program (HSP), and/or Keep Fort Collins Great (KFCG) Agreements.
SECTION 2. FEDERAL STANDARDS FOR EMPLOYMENT PRACTICES
Professional shall comply with Executive Order 11246 as amended by Executive Order
12086 and the regulations issued pursuant thereto (41 CFR Chapter 60) will not discriminate
against any employee or applicant for employment because of race, color, creed, religion,
ancestry, national origin, sex, disability or other handicap, age, marital status, or status with
regard to public assistance. Professional 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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Professional agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
Professional will, in all solicitations or advertisements for employees placed by or on behalf of
Professional, state that it is an Equal Opportunity or Affirmative Action Employer.
Where employees are engaged in activities not covered under the Occupational Safety
and Health Act (OSHA) of 1970, they shall not be required or permitted to work, be trained or
receive services in buildings or surroundings or under working conditions which are unsanitary,
hazardous or dangerous to the participants’ health or safety.
SECTION 3. LOCAL EMPLOYMENT AND PURCHASING
Funding under this agreement is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended, 12 USC 1701u. Professional agrees to
comply with provisions of said Section 3 and the regulations issued pursuant thereto by the
Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable
rules and orders of the Department of Housing and Urban Development issued thereunder.
Professional agrees that it is under no contractual or other disability which would prevent it from
complying with these requirements.
Section 3 requires that to the greatest extent feasible, opportunities for training and
employment be given to lower income residents of the project area and agreements for work in
connection with the project be awarded to business concerns which are located in or owned in
substantial part by persons residing in, the area of the project. Section 3 applies to training,
employment, contracting and other economic opportunities arising in connection with the
expenditure of housing assistance and community development assistance that is used for the
following projects: 1. Housing rehabilitation (including reduction and abatement of lead based
paint hazards, but excluding routine maintenance, repair and replacement); 2. Housing
construction; and 3. Other public construction.
SECTION 4. CONTRACTING WITH SMALL BUSINESSES, MINORITY BUSINESS
ENTERPRISES, WOMEN’S BUSINESS ENTERPRISES AND LABOR
SURPLUS AREA FIRMS
Professional will take all necessary affirmative steps to assure that small businesses,
minority business enterprises, women’s business enterprises, and labor surplus area firms are
used when possible. As used in this Agreement, the term "minority business enterprise” and
“women’s business enterprise" mean 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 American citizens who are Asian, Black, Hispanic, and/or Native American.
Professional may rely on written representations by its subcontractors regarding their status as
minority and women’s business enterprises in lieu of an independent investigation.
Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
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(3) Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and women's
business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the Department of
Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative
steps listed in paragraphs (1) through (5) of this subsection.
SECTION 5. CONFLICT OF INTEREST
No member, officer, or employee of Professional, or its designees or agents, who
exercises any function or responsibilities with respect to the program during his tenure or for
one year thereafter, shall have any interest, direct or indirect, in this Agreement or any
Subagreement, hereto or the proceeds thereof. Any potential conflict on the part of any of these
parties shall be disclosed to representatives of the City’s CDBG Program or the City Attorney’s
Office.
SECTION 6 DAVIS BACON AND RELATED ACTS
Professional shall comply with the requirements of the Davis-Bacon and Related Acts
(DBRA) when the contract for construction, alteration, and/or repair exceeds $2,000, is federally
assisted, and involves the employment of laborers and/or mechanics to perform the work.
SECTION 7. DISCRIMINATION PROHIBITED
(A) Professional agrees to comply 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 I 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.
Professional shall not, on the grounds of race, color, national origin, religion, creed, disability,
age, sex, actual or perceived sexual orientation, gender identity, marital status, or familial
status:
(1) Deny a qualified individual any facilities, financial aid, services or other benefits
provided under this Agreement;
(2) Provide any facilities, services, financial aid, or other benefits which are different,
or are provided in a different manner, from those provided to others under this
Agreement;
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(3) Subject an individual to segregated or separate treatment in any facility in, or in
any matter if process related to receipt of any service or benefit under this
Agreement;
(4) Restrict an individual in any way in access to, or in the enjoyment of any
advantage or privilege enjoyed by others in connection with any service or
benefit under this Agreement;
(5) Treat anyone differently from others in determining if they satisfy any admission,
enrollment, eligibility, membership or other requirement or condition which the
individual must meet to be provided a service or benefit under this Agreement;
(6) Deny anyone an opportunity to participate in any program or activity as an
employee that is different from that afforded others under this Agreement.
Professional shall:
(1) Develop and provide to the City in writing, a Title VI Plan describing how the
Professional will implement compliance with Title VI, and a Language Access
Plan, describing how the Professional 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.
(B) Professional shall abide by all applicable provisions of Section 504 of the HEW
Rehabilitation Act of 1973 as amended (implemented in 24 CFR part 8) prohibiting
discrimination against handicapped individuals, and the Age Discrimination Act of 1975
(implemented in 24 CFR part 146) prohibiting discrimination on the basis of age, either through
purpose or intent.
(C) If assignment and/or subcontracting has been authorized in writing, said
assignment or subcontract shall include appropriate safeguards against discrimination in client
services binding upon each contractor or subcontractor. Professional shall take such action as
may be required to ensure full compliance with the provisions of this section, including sanctions
for noncompliance.
(D) In providing services utilizing CDBG funds the Professional agrees that:
(1) It will not discriminate against any employee or applicant for employment on the
basis of religion and will not limit employment or give preference in employment
to persons on the basis of religion;
(2) It will not discriminate against any person applying for such public services on the
basis of religion and will not limit such services or give preference to persons on
the basis of religion;
(3) It will provide no mandatory religious instruction or counseling, conduct no
religious worship or services, engage in no religious proselytizing, and exert no
other religious influence in the provision of such services;
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SECTION 8. BENEFIT TO LOW INCOME PEOPLE
If Professional is providing direct benefit services, Professional shall provide such
services to benefit extremely low, very low, and low income persons to the maximum extent
feasible (but not less than 51%). Individual persons or families provided a specific direct benefit
or service must qualify under current income eligibility limits (% of AMI) as established by HUD.
Any deviation can be made only if it is clear that the service or benefit, to a person whose
income exceeds very low and low income persons, is otherwise necessary as an integral part of
the activity. The Professional shall maintain records that clearly document the income range
and household size of the persons it serves. Furthermore, the Professional shall maintain
records documenting if the person being served is a female or male head of household, is an
ethnic/racial minority, and/or has a disability.
SECTION 9. PROOF OF LAWFUL PRESENCE
Professional 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, if the Professional is using the funds
received to provide a public benefit to individuals, the Professional shall ensure compliance
with C.R.S. § 24-76.5-103 of State statute by performing the required verifications. Specifically,
when required the Professional 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:
(i) complete an affidavit attached to this Agreement as a template, Attachment A.
(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, Professional 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 Professional determines
through such verification process that the individual is not an alien lawfully present in the United
States, the Professional shall not provide benefits to such individual with the City’s Competitive
Process funds.
The City acknowledges that the Scope of Services provided by Professional 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.
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SECTION 10. CITIZEN AND CLIENT PARTICIPATION
If applicable to its scope of services, the professional will have processes in place
(satisfaction surveys, Board representation, grievance procedures, etc.) which receive,
document and utilize the input from low-income persons potentially benefiting or affected by the
program or project covered under this Agreement.
SECTION 11. ARCHITECTURAL BARRIERS ACT/AMERICANS WITH DISABILITIES ACT
Professional shall meet the requirements, where applicable, of the Architectural Barriers
Act and the Americans with Disabilities Act, as set forth in 24 CFR 570.614. A building or facility
designed, constructed, or altered with funds allocated or reallocated under the CDBG program
after December 11, 1995 and that meets the definition of “residential structure” as defined in 24
CFR part 40.2 or the definition of “building” as defined in 41 CFR part 101-19.602(a) is subject
to the requirements of the Architectural Barriers Act of 1968 (42 USC 4151-4157) and shall
comply with the Uniform Federal Accessibility Standards (Appendix A to 24 CFR part 40 for
residential structures, and Appendix A to 41 CFR part 101-19, subpart 101-19.6, for general
type buildings). The Americans with Disabilities Act (“ADA”) (42 USC 12131; 47 USC 155, 210,
218 and 255) requires that the design and construction of facilities for first occupancy after
January 26, 1993 must include measures to make them readily accessible and usable by
individuals with disabilities. The ADA further requires the removal of architectural barriers and
communication barriers that are structural in nature in existing facilities, where such removal is
readily achievable--that is, easily accomplishable and able to be carried out without much
difficulty or expense.
SECTION 12. LEAD BASED PAINT
Professional shall comply with HUD Lead-Based Paint Regulations (24 CFR Part 35 et
seq.) issued in the Federal Register, September 15, 1999, which require elimination, as far as
practical, of immediate hazards due to the presence of paint in residential structures that may
contain lead to which children under seven years of age may be exposed.
SECTION 13. DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING
(A) All costs shall be supported by properly executed payrolls, time records, invoices,
vouchers or other official documentation, as evidence of the nature and propriety of the charges.
All accounting documents pertaining in whole or in part to this Agreement shall be clearly
identified and readily accessible, and upon reasonable notice, the City and United States
Department of Housing and Urban Development shall have the right to audit the records of the
Professional as they relate to the work. The Professional shall also:
(1) Maintain an effective system of internal fiscal control and accountability for all
CDBG funds and property acquired or improved with CDBG funds, and make
sure the same are used solely for authorized purposes.
(2) Keep a continuing record of all disbursements by date, check number, amount,
vendor, description of items purchased and line item from which money was
expended, as reflected in the Professional’s accounting records. The line item
notations must be substantiated by a receipt, invoice marked “Paid,” or payroll
record.
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(3) Maintain payroll, financial, and expense reimbursement records for a period of
five (5) years after receipt of final payment under this Agreement.
(4) Permit inspection and audit of its records with respect to all matters authorized by
this Agreement by representatives of the City, the State Auditor or the United
States Department of Housing and Urban Development at any time during
normal business hours and as often as necessary.
(5) Inform the City concerning any funds allocated to the Professional that the
Professional anticipates will not be expended during the Agreement period, and
permit reassignment of the same by the City to other subrecipients.
(6) Repay to the City any funds in its possession at the time of termination of this
Agreement that may be due to the City or the United States Department of
Housing and Urban Development.
(7) Maintain complete records concerning the receipt and use of all program income.
Program income shall be reported on a monthly basis on forms provided by the
City.
(8) By executing this Contract, Professional 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.
(B) In the event the City or United States Department of Housing and Urban
Development determines any funds were expended by the Professional for unauthorized or
ineligible purposes or the expenditures constitute disallowed costs in any other way, the City or
United States Department of Housing and Urban Development may order repayment of the
same. The Professional shall remit the disallowed amount to the City within thirty (30) days of
written notification of the disallowance.
(1) The Professional agrees that funds determined by the City to be surplus upon
completion of the Agreement will be subject to cancellation by the City.
(2) The City shall be relieved of any obligation for payments if funds allocated to the
City cease to be available for any cause other than misfeasance of the City itself.
(3) The City reserves the right to withhold payments pending timely delivery of
program reports or documents as may be required under this Agreement.
SECTION 14. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF
HOUSING
If applicable, the Professional shall comply with the requirements relating to
displacement, relocation, acquisition and replacement of housing (24 CFR Part 570.606).
Displacement of persons (families, individuals, businesses, non-profit organizations and farms)
as a result of activities assisted with CDBG funds is generally discouraged.
SECTION 15. CLEAN AIR AND WATER POLLUTON CONTROL ACTS
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If the funding provided under this Agreement exceeds $150,000, Professional agrees to
comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act
(42 U.S.C. 7401-7571q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be reported to HUD and the Regional Office of the Environmental
Protection Agency.
SECTION 16. ANTI-LOBBYING
The Professional certifies that it will not and has not used Federal funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any Federal contract, grant or award covered by 31
U.S.C. 1352.
SECTION 17. PROCUREMENT OF RECOVERED MATERIALS
If the Professional is a state agency or agency of a political subdivision of a state,
Professional and its contractors must comply with section 6002 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act. The requirements of Section
6002 include procuring only items designated in guidelines of the Environmental Protection
Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition, where the purchase
price of the item exceeds $10,000 or the value of the quantity acquired during the preceding
fiscal year exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative procurement program
for procurement of recovered materials identified in the EPA guidelines.
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ATTACHMENT A
AFFIDAVIT TEMPLATE FOR PROOF OF LEGAL PRESENCE
AFFIDAVIT PURSUANT TO C.R.S.24-76.5-103
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
INTERNAL USE ONLY: Valid Forms of Identification
• current Colorado driver’s license, minor driver’s license, probationary driver’s license, commercial driver’s license,
restricted driver’s license, instruction permit
• current Colorado identification card
• U.S. military card or dependent identification card
• U.S. coast guard merchant mariner card
• Native American tribal document
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