HomeMy WebLinkAboutCORRESPONDENCE - PURCHASE ORDER - 92015901
SUBRECIPIENT SERVICE AGREEMENT
CARES ACT-CVRF FUNDING
THIS SUBRECIPIENT SERVICE AGREEMENT (“Agreement”), is entered into by and between the
City of Fort Collins, Colorado, a municipal corporation (“City”) and Neighbor to Neighbor, Inc., a
Colorado nonprofit corporation (“Subrecipient”), by which the Subrecipient agrees to carry out specific
activities using the City’s CARES Act-CVRF funding, and establishing certain other terms and conditions
of operation, and shall be effective on the date last signed below.
RECITALS:
A. The City of Fort Collins is threatened with serious injury and damage, consisting of
widespread human and economic impact caused by the Novel Coronavirus 2019 (COVID-19).
B. On March 13, 2020, in order to undertake emergency measures to protect the life,
health, safety and property of the citizens of the City and persons conducting business therein, and in
order to attempt to minimize the loss of human life and the preservation of property, the City Manager,
as the Director of the City’s Office of Emergency Management, proclaimed a “local emergency” in
accordance with Section 2-671(a)(1) of the City Code (the “Emergency Declaration”) and activated the
Emergency Operations Plan established pursuant to Section 2-673 of the City Code.
C. The Fort Collins City Council has, with the adoption of Resolution 2020-030, extended
the Emergency Declaration.
D. The State of Colorado declared its first Emergency Disaster Declaration related to
COVID-19 on March 11, 2020.
E. On March 27, 2020, the federal Coronavirus Aid, Relief, and Economic Security Act,
(“CARES Act”) was signed into law, making over $330 billion in economic assistance available to state
and local governments, and on May 18, 2020, Governor Polis signed Executive Order D2020
070, directing the expenditure of federal funds pursuant to the CARES Act, to establish the Coronavirus
Relief Fund (“CVRF”).
F. The CVRF is intended to reimburse costs to counties, municipalities and special districts
in Colorado that are necessary expenditures incurred due to the COVID emergency; are not accounted
for in the local government’s most recent budget; and were incurred between March 1, 2020 and
December 30, 2020.
G The prevention and management of exposure to COVID-19 and mitigation of related
impacts of all kinds continue to require emergency action by the City.
H. The City, as a recipient of CVRF funds, hereby designates the Subrecipient to undertake,
and the Subrecipient agrees to undertake, the activities specifically described in the Subrecipient’s
application for funding as summarized below using City CVRF funds.
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THE PARTIES therefore agree as follows:
ARTICLE I. PROJECT
SECTION 1. SCOPE OF SERVICES
(A) The City will provide Subrecipient up to $435,000 in CVRF funding (the “Funds”) to cover
the reasonable costs of the following (the “Project”):
Neighbor to Neighbor will offer an array of programs that foster and support housing stability, including
the provision of direct, emergency rental assistance to Fort Collins households to preserve or achieve
stable rental housing which is unstable due to Covid-19. The services provided will be in accordance with
Neighbor to Neighbor’s CVRF Community Response Assistance proposal, and as approved by the CDBG
Commission on September 16, 2020.
Housing Counselor Salaries $25,000
Move-in Expenses $75,000
Deposit/Residency Assistance $20,000
Eviction Prevention Assistance (Aug-Sept) $75,000
Eviction Prevention Assistance (Sept-Dec) $240,000
The Project and related expenses are in direct response to the COVID-19 pandemic and related public
health emergency. If the Project provides direct client assistance, clients are required to document or
certify that their economic hardship is due to the COVID-19 pandemic. Attachment B provided as an
example for programs providing direct client assistance.
The City’s total funding obligation for the Project shall not exceed $435,000 unless agreed to in advance
by the City, in writing.
(B) Subrecipient shall work to attain the following goals for the Project, which will mitigate
the negative impacts of the COVID-19 pandemic and related public health emergency:
• Serve approximately 325 Fort Collins households.
• Provide services rapidly and in accordance with Neighbor to Neighbor and City guidelines.
• Monitor that at least 80% of households assisted will report continued stable housing 3 and 6
months after receiving assistance.
SECTION 2. TERM OF AGREEMENT
The term of this Agreement is March 1, 2020 through December 16, 2020. Notwithstanding other
provisions of this Agreement, this Agreement will remain in effect until the City determines that the
Subrecipient has completed all applicable administrative actions and all Project work under this
Agreement.
SECTION 3. PROGRAM REPORTING
The Subrecipient shall submit such reports as required by the City to meet its local obligations and its
obligation to the State of Colorado and federal government. The City will prescribe the report format, as
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well as the time and location for submission of such reports. Required reports include but are not
limited to the following:
(A) Mid-term (October 2020) and end-of-term (January 2021) progress reports that
will include the progress made to date, or justification for lack of progress, in providing the services and
achieving the measurable outcomes specified in Article I, Section 1, Scope of Services, of this
Agreement, including data on the number of persons assisted by the Subrecipient through this
Agreement.
(C) Close out reports including a final performance report and final financial report,
upon termination or completion of the award.
In addition, the Subrecipient will promptly notify the City at the address specified in Article IV, Section 3
below of any change in Subrecipient’s personnel directly connected with the Project or administration of
funds subject to this Agreement, including Subrecipient’s Executive Director.
ARTICLE II. FINANCIAL CONDITIONS
SECTION 1. BUDGET AND COMPENSATION
(A) UReimbursementU. The City shall reimburse the Subrecipient its allowable costs for the
services identified in this Agreement not to exceed $435,000 upon presentation of properly executed
reimbursement forms as provided or approved by the City. The Subrecipient may not request
reimbursements under this Agreement until the Funds are needed for payment of eligible costs. The
amount of each request must be limited to the amount needed. The City will not issue more of the total
Funds for reimbursement in any weekly reimbursement period than is specified in Article I, Section 1,
unless such a payment is (1) specifically provided for in this Agreement; or (2) otherwise requested in
advance in writing by the Subrecipient and authorized by the City.
(B) UPriority of FundsU. The Subrecipient agrees to utilize the Funds to supplement rather
than supplant funds otherwise available. To the extent available, the Subrecipient must disburse funds
available from program income, rebates, refunds, contract settlements, audit recoveries, and interest
earned on such funds before requesting additional payments of the Funds. Such payments or
reimbursements shall constitute full and complete payment by the City under this Agreement.
(C) Withholding or Cancellation of Funds. The City reserves the right to withhold payments
pending timely delivery of program reports or documents as may be required under this Agreement. The
Subrecipient agrees that Funds determined by the City to be surplus upon completion of the Project will
be subject to cancellation by the City. The City shall be relieved of any obligation for payments if funds
allocated to the City cease to be available for any cause other than misfeasance of the City itself.
(D) Allowable Costs. Allowable costs shall mean those necessary and proper costs approved
by the City unless any or all such costs are disallowed by the State of Colorado or the United States
Treasury Department.
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(E) Compliance with Regulations. Any payments or reimbursements made under this
Agreement must comply with all other applicable requirements of 2 CFR Part 200.
(F) All budget revision and/or amendment requests will be reviewed and approved or
denied by the City.
(G) Time of Payment: Payment shall be made upon receipt of requested documents sent
electronically to a designated email address, the online ZoomGrants system, or mailed to: Social
Sustainability Department, City of Fort Collins, P.O. Box 580 (222 Laporte Ave, 80521), Fort Collins, CO
80522-0580.
(H) Where Payments Are Made: Payments shall be made by electronic deposit into
Subrecipient’s bank account, according to a process established by Subrecipient with the City.
SECTION 2. DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING
All costs shall be supported by properly executed payrolls, time records, invoices, vouchers or other
official documentation, as evidence of the nature and propriety of the charges. All accounting
documents pertaining in whole or in part to this Agreement shall be clearly identified and readily
accessible, and upon reasonable notice, the City shall have the right to audit the records of the
Subrecipient as they relate to the work. The Subrecipient shall also:
(A) Maintain an effective system of internal fiscal control and accountability for all Funds
and property acquired or improved with such funds, and make sure the same are used solely for
authorized purposes.
(B) Keep a continuing record of all Project disbursements by date, check number, amount,
vendor, description of items purchased and line item from which money was expended, as reflected in
the Subrecipient’s accounting records. The line item notations must be substantiated by a receipt,
invoice marked “Paid,” or payroll record.
(C) Maintain payroll, financial, and expense reimbursement records for a period of five (5)
years after receipt of final payment under this Agreement.
(D) Permit inspection and audit of its records with respect to all matters authorized by this
Agreement by representatives of the City, the State Auditor or the United States Department of the
Treasury at any time during normal business hours and as often as necessary.
(E) Inform the City concerning any Funds allocated to the Subrecipient that the Subrecipient
anticipates will not be expended during the Agreement period, and permit reassignment of the same by
the City to other subrecipients.
(F) Repay to the City any Funds in its possession at the time of termination of this
Agreement that may be due to the City, State or United States government.
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(G) By executing this Agreement, 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.
SECTION 3. REIMBURSEMENT
In the event the City, State, or United States Department of the Treasury determines any funds were
expended by the Subrecipient for unauthorized or ineligible purposes or the expenditures constitute
disallowed costs in any other way, the City, State or United States Department of the Treasury may
order repayment of the same. The Subrecipient shall remit the disallowed amount to the City within
thirty (30) days of written notification of the disallowance.
Upon closeout of this Agreement, the Subrecipient must promptly refund to the City any balances of
unobligated CVRF funds that are not authorized to be retained for use in other projects and any
accounts receivable attributable to the use of CVRF funds.
ARTICLE III. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
The Subrecipient, in performance of this Agreement, agrees to comply with all applicable Federal, State
and local laws and ordinances, and the rules and regulations promulgated by the U.S. Department of the
Treasury, including but not limited to Section 601(d) of the Social Security Act and all related federal
regulations; and the following:
A. FEDERAL REQUIREMENTS
SECTION 1. UNIFORM ADMINISTRATIVE REQUIREMENTS
Subrecipient shall comply with all applicable provisions of 2 CFR Part 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, including 2 C.F.R. § 200.303
regarding internal controls, 2 C.F.R. §§ 200.330 through 200.332 regarding subrecipient monitoring and
management, and subpart F regarding audit requirements for federal awards.
SECTION 2. SEPARATION OF CHURCH AND STATE
In providing services utilizing the Funds the Subrecipient agrees that:
(A) It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to persons on the basis of
religion;
(B) It will not discriminate against any person applying for such public services on the basis of
religion and will not limit such services or give preference to persons on the basis of religion; and
(C) It will provide no mandatory religious instruction or counseling, conduct no religious worship or
services, engage in no religious proselytizing, and exert no other religious influence in the provision of
such services.
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SECTION 3. FEDERAL STANDARDS FOR EMPLOYMENT PRACTICES
The Subrecipient shall comply with Executive Order 11246 as amended by Executive Order 12086 and
the regulations issued pursuant thereto (41 CFR Chapter 60) will not discriminate against any employee
or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital status, or status with regard to public assistance. The
Subrecipient will take affirmative action to ensure that all employment practices are free from such
discrimination. Such employment practices include but are not limited to the following: hiring,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay
or other forms of compensation and selection for training, including apprenticeship.
The Subrecipient agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination clause. The Subrecipient will,
in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that
it is an Equal Opportunity or Affirmative Action Employer.
Where employees are engaged in activities not covered under the Occupational Safety and Health Act
(OSHA) of 1970, they shall not be required or permitted to work, be trained or receive services in
buildings or surroundings or under working conditions which are unsanitary, hazardous or dangerous to
the participants’ health or safety.
SECTION 4. DISCRIMINATION PROHIBITED
(A) The Subrecipient 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.
The Subrecipient shall not, on the grounds of race, color, national origin, religion, creed, disability, age,
sex, actual or perceived sexual orientation, gender identity, marital status, familial status, or because a
family includes children:
(1) Deny a qualified individual any facilities, financial aid, services or other benefits
provided under this Agreement;
(2) Provide any facilities, services, financial aid, or other benefits which are different, or are
provided in a different manner, from those provided to others under this Agreement;
(3) Subject an individual to segregated or separate treatment in any facility in, or in any
matter if process related to receipt of any service or benefit under this Agreement;
(4) Restrict an individual in any way in access to, or in the enjoyment of any advantage or
privilege enjoyed by others in connection with any service or benefit under this Agreement;
(5) Treat anyone differently from others in determining if they satisfy any admission,
enrollment, eligibility, membership or other requirement or condition which the individual must
meet to be provided a service or benefit under this Agreement;
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(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.
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.
(B) The Subrecipient shall abide by all applicable provisions of Section 504 of the HEW
Rehabilitation Act of 1973 as amended (implemented in 24 CFR part 8) prohibiting discrimination against
handicapped individuals, and the Age Discrimination Act of 1975 (implemented in 24 CFR part 146)
prohibiting discrimination on the basis of age, either through purpose or intent.
(C) If assignment and/or subcontracting has been authorized in writing, said assignment or
subcontract shall include appropriate safeguards against discrimination in client services binding upon
each contractor or subcontractor. The Subrecipient shall take such action as may be required to ensure
full compliance with the provisions of this section, including sanctions for noncompliance.
SECTION 5. ARCHITECTURAL BARRIERS ACT/AMERICANS WITH DISABILITIES ACT
The Subrecipient shall meet the requirements, where applicable, of the Architectural Barriers Act and
the Americans with Disabilities Act.
SECTION 6. ANTI-LOBBYING
The Subrecipient certifies that:
(A) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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 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;
(B) 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, it will
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
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B. STATE AND LOCAL REQUIREMENTS
SECTION 1. PROOF OF LAWFUL PRESENCE
Subrecipient acknowledges that the City’s CVRF 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 as appropriate. 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:
i) Complete the affidavit attached to this Agreement as 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, 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 CVRF 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.
SECTION 2. PROHIBITION AGAINST EMPLOYING ILLEGAL ALIENS
Pursuant to Section 8-17.5-101, C.R.S., et seq., Subrecipient represents and agrees that:
a. As of the date of this Agreement:
1. Subrecipient does not knowingly employ or contract with an illegal alien who will perform
work under this Agreement; and
2. Subrecipient 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 “the e-Verify
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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. Subrecipient shall not knowingly employ or contract with an illegal alien to perform works
under this Agreement or knowingly enter into a contract with a subcontractor knowingly
employs or contracts with an illegal alien to perform work under this Agreement.
c. Subrecipient 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 Subrecipient obtains actual knowledge that a subcontractor performing work under this
Agreement knowingly employs or contracts with an illegal alien, Subrecipient shall:
1. 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
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 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.
e. 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.
f. If Subrecipient 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,
Subrecipient shall be liable for actual and consequential damages to the City arising out of Subrecipient’s
violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Subrecipient violates this provision of
this Agreement and the City terminates the Agreement for such breach.
SECTION 3. CONFLICT OF INTEREST
No member, officer, or employee of the Subrecipient, its designees or agents, no member of the
governing body of the City of Fort Collins, and no other public official, employee, or Board or
Commission member of the City of Fort Collins who exercises any function or responsibilities with
respect to the City’s CVRF funding program, during his or her 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 Social Sustainability Department or the City Attorney’s Office.
ARTICLE IV: GENERAL CONDITIONS
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SECTION 1. LICENSING AND PROGRAM STANDARDS
The Subrecipient 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 Subrecipient agrees to obtain, at its own expense, all necessary licenses and permits.
All references in this Agreement to federal, state or local laws, regulations or policies shall be deemed to
refer to such laws, regulations or policies as are in effect as of the date of this Agreement or as may
hereafter be amended.
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 payment of the Funds, and may require the Subrecipient to remit to
the City all (or a portion of) the Funds theretofore received under this Agreement. The City may also
declare the Subrecipient ineligible for any further participation in City Community Development Block
Grant (CDBG), HOME Investment Partnership, City Human Service Program (HSP), Keep Fort Collins
Great (KFCG), or Affordable Housing Fund (AHF) Agreements.
SECTION 2. INDEMNITY
The Subrecipient agrees to defend, indemnify and save harmless the City, its appointed and elected
officers and employees from and against any and all liability, loss, costs, damage and expense, including
costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting
from personal or bodily injury, including death at any time resulting from there, sustained or alleged to
have been sustained by any person or persons and on account of damage to property, arising or alleged
to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement,
whether such injuries to persons or damage to property is due to the negligence of Subrecipient, its
subcontractors, agents, successor, assigns. This provision shall be inapplicable to the extent the City is
judicially found solely negligent for such damage or injury.
SECTION 3. NOTICES
Any notices required to be given by the City to the Subrecipient or by the Subrecipient to the City shall
be in writing and delivered to the following parties by hand, by U.S. Mail, or by overnight commercial
courier at the following addresses:
City:
Social Sustainability Department
City of Fort Collins
PO Box 580 (222 Laporte Ave, 80521)
Fort Collins CO 80522-0580
Subrecipient:
Executive Director
Neighbor to Neighbor, Inc.
1550 Blue Spruce Drive
Fort Collins, CO 80524
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Notices shall be deemed received upon delivery if delivered by hand, the next business day if sent by
commercial courier, or on the third business day after mailing if sent by U.S. Mail.
SECTION 4. ASSIGNMENT AND SUBCONTRACTING
The Subrecipient shall not assign or subcontract any portion of the services provided within the terms of
this Agreement without obtaining prior written approval from the City. All terms and conditions of this
Agreement shall apply to any approved subcontract or assignment related to the Agreement.
SECTION 5. RESERVATION OF RIGHTS
Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall
not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any
time be taken to be a waiver of any other breach.
SECTION 6. AMENDMENTS TO AGREEMENT
This Agreement cannot be amended or modified except in writing, signed by both parties.
SECTION 7. FAILURE TO PERFORM
If Subrecipient fails to comply with any terms or conditions of this Agreement or to provide in any
manner the activities or other performance as agreed to herein, the City reserves the right to
temporarily withhold all or any part of payment pending correction of the deficiency, suspend all or part
of the Agreement, or prohibit the Subrecipient from incurring additional obligations of funds until the
City is satisfied that corrective action has been taken or completed. The option to withhold the Funds is
in addition to, and not in lieu of, the City’s right to terminate as provided in Article IV Section 8 below.
The City may also consider performance under this Agreement when considering future awards.
SECTION 8. TERMINATION
(A) Termination for Cause - If the Subrecipient fails to comply with the terms and conditions
of this Agreement and any of the following conditions exist:
(1) The lack of compliance with the provisions of this Agreement is of such scope and
nature that the City deems continuation of this Agreement to be substantially non-beneficial to
the public interest;
(2) The Subrecipient has failed to take satisfactory corrective action as directed by the City
or its authorized representative within the time specified by same; or
(3) The Subrecipient has failed within the time specified by the City or its authorized
representative to satisfactorily substantiate its compliance with the terms and conditions of
this Agreement;
then, following notice to the Subrecipient and a reasonable opportunity to cure, the City may pursue
such remedies as are available in accordance with 2 CFR 200.338 including, but not limited to, the
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termination of this Agreement in whole or in part, and thereupon shall notify in writing the Subrecipient
of the termination, the reasons therefore, and the effective date. The effective date shall not be prior to
notification of the termination by the City to the Subrecipient. Costs resulting from obligations incurred
by the Subrecipient after termination of the Agreement are not allowable and will not be reimbursed by
the City unless specifically authorized in writing by the City.
(B) Termination for Convenience. The award may be terminated for convenience, in whole
or in part, as follows:
(1) By the City with the consent of the Subrecipient. The two parties shall agree upon the
termination conditions, including the effective date and in the case of partial termination, the
portion to be terminated, or
(2) By the Subrecipient upon submitting written notification to the City. The written
notification must set forth the reasons for the termination, the effective date, and in the case of
partial termination, the portion to be terminated. However, in the case of a proposed partial
termination, the City may terminate the award in its entirety if the City determines that the
remaining portion will not accomplish the purpose for which the award was made.
(C) Termination for Withdrawal, Reduction or Limitation of Funding. In the event that CVRF
funding is not received from the State government, or is withdrawn, reduced or limited in any way after
the effective date of this Agreement and prior to its normal completion, the City may summarily
terminate this Agreement as to the funds not received, reduced or limited, notwithstanding any other
termination provision of this Agreement. If the level of funding is reduced to such an extent that the
City of Fort Collins deems that the continuation of the Project is no longer in the best interest of the
public, the City may summarily terminate this Agreement in whole notwithstanding any other
termination provisions of this Agreement. Termination under this Section shall be effective upon receipt
of written notice by the Subrecipient or its representative.
(D) Continuing Obligations. When an award is terminated the Subrecipient remains
responsible for compliance with the closeout and post-closeout obligations described in this Agreement.
SECTION 9. CLOSE-OUT
Upon termination of this Agreement, in whole or in part for any reason including completion of the
Project, the following provisions shall apply:
(A) Upon written request by the Subrecipient, the City shall make or arrange for payment to
the Subrecipient of allowable reimbursable costs not covered by previous payments;
(B) The Subrecipient shall submit to the City within thirty (30) days after the date of
expiration of this Agreement, all financial, performance and other reports required by this Agreement,
and in addition, will cooperate in a program audit by the City or its designee,
(C) The City’s closeout of funds will not occur unless and until all federal and state
requirements and all outstanding issues with the Subrecipient and/or any sub-subrecipients or
subcontractors have been resolved to the satisfaction of the City
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SECTION 10. VENUE AND CHOICE OF LAW
If either party to this Agreement initiates any legal or equitable action to enforce the terms of this
Agreement, to declare the rights of the parties under this Agreement, or which relates to this
Agreement in any manner, the City and the Subrecipient agree that the proper venue for such action is
the Larimer County, Colorado, District Court. It is mutually understood and agreed that this Agreement
shall be governed by the laws of the State of Colorado, both as to interpretation and performance.
SECTION 11. SEVERABILITY CLAUSE
If any part, term, or provision of this Agreement is held by the courts to be illegal or in conflict with any
law of the state where made, the validity of the remaining portions or provisions shall not be affected,
and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not
contain the particular part, term, or provision held to be invalid.
SECTION 12. INTEGRATED DOCUMENT
This Agreement with any attachments incorporated by reference, constitutes the entire agreement
between the parties and both parties acknowledge that there are no other agreements, written or oral,
that have not been fully set forth in the text of this Agreement.
SECTION 13. AUTHORITY TO SIGN
The persons executing this Agreement on behalf of the Subrecipient represent that one or both of them
has the authority to execute this Agreement and to bind the Subrecipient to its terms.
SECTION 14. 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 Article III Section 4 above. 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
certified to be true and correct.
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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)
SUBRECIPIENT:
Neighbor to Neighbor, Inc.
A Colorado nonprofit corporation
Date: _________________________ By: _____________________________________
President, Board of Directors
By: _____________________________________
Executive Director
ATTEST: Federal I.D. #: 84-0630214
______________________________
Board Secretary
(Corporate Seal)
DocuSign Envelope ID: BEADB306-7976-44EF-BF3E-964BFFC7593B
10/12/2020
Ingrid Decker
Delynn Coldiron
10/13/2020
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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
For a list of other documents acceptable as proof of lawful presence, visit
https://www.colorado.gov/pacific/sites/default/files/CPED_WIWO_Documents-Proof-Lawful-
Presence.pdf
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ATTACHMENT B
Declaration Form
Economic Hardship Due to COVID-19
The program for which you or your household is applying is funded in part by the federal
Coronavirus Aid, Relief, and Economic Security (CARES) Act. These funds are dedicated to
providing emergency financial assistance to individuals and families directly impacted by a loss
of income due to the COVID-19 public health emergency. Persons assisted with these funds are
required to comply with this requirement and supply the information requested in the
Certification below. This information will be held in strict confidence and used only for the
purpose of establishing your household eligibility.
CERTIFICATION
I, ___________________________________, do hereby certify that I am requesting emergency
rent assistance because of loss of income related to the COVID-19 public health emergency.
Please check the applicable direct economic impact of COVID-19.
My place of employment has been impacted by COVID-19 and my hours have been reduced
(copies of paystubs showing hours before and after reduction required.)
I have become unemployed as a result of COVID-19 impacts on my place of employment
(proof of unemployment benefits or loss of employment)
A member of my household was either diagnosed with COVID-19 or exposed to someone
who tested positive, and lost income as a result.
Other (explain below)
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
I certify that the foregoing is true, complete and correct. Inquiries may be made to verify
statements herein. I also understand that false or misleading statements or omissions are
grounds for disqualification and could result in criminal charges and/or civil action to regain any
funds obtained fraudulently.
Name (PRINT): __________________________________
Signature: ____________________________ Date: ________________________
Witness Signature: _________________________ Date: ______________________
DocuSign Envelope ID: BEADB306-7976-44EF-BF3E-964BFFC7593B