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HomeMy WebLinkAboutCORRESPONDENCE - PURCHASE ORDER - 9201634 (3)1 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 The Salvation Army a California 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. DocuSign Envelope ID: A82B7FA2-420C-4784-98B9-C714A605A475 2 THE PARTIES therefore agree as follows: ARTICLE I. PROJECT SECTION 1. SCOPE OF SERVICES (A) The City will provide Subrecipient up to $18,000 in CVRF funding (the “Funds”) to cover the reasonable costs of the following (the “Project”): The Salvation Army of Fort Collins will provide financial assistance for eviction prevention and utilities, coupled with case management, driven by the unforeseen financial needs and risks created by the COVID-19 public health emergency. Clients needing assistance with utility payments to the City of Fort Collins Utility Services may be excluded if they qualify for other payment support directly from the City of Fort Collins Utility Services. The services provided will be in accordance with The Salvation Army’s CVRF Community Response Assistance proposal, and as approved by the CDBG Commission on September 16, 2020. Financial Assistance for Rent/Utilities $18,000 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 $18,000 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 40 households with rent or utility assistance. • Prevent homelessness for Fort Collins residents by offering eviction prevention assistance. • Provide wrap-around services and connections with needed resources to ensure clients’ long-term self-sufficiency and sustainability of their housing. • Provide a new case management program called Pathway of Hope to clients who experience housing instability to help them end the cycle of crisis and proceed to setting up goals for stable and sustainable housing. 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 DocuSign Envelope ID: A82B7FA2-420C-4784-98B9-C714A605A475 3 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) Reimbursement. The City shall reimburse the Subrecipient its allowable costs for the services identified in this Agreement not to exceed $18,000 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) Priority of Funds. 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. DocuSign Envelope ID: A82B7FA2-420C-4784-98B9-C714A605A475 4 (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. DocuSign Envelope ID: A82B7FA2-420C-4784-98B9-C714A605A475 5 (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 unlawfully 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. The Subrecipient represents it is a church and its officers are ministers, not employees. The Subrecipient takes the position that it may discriminate against its officers/ministers based on religion. The Subrecipient agrees it may not discriminate against its lay employees based on religion. The Subrecipient also agrees that it may not discriminate against its officers/ministers or lay employees based on race, color, national origin, gender, age, military status, sexual orientation, gender identity, gender expression, marital status, or physical or mental disability; (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 DocuSign Envelope ID: A82B7FA2-420C-4784-98B9-C714A605A475 6 (C) It will provide no mandatory religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such services. SECTION 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; DocuSign Envelope ID: A82B7FA2-420C-4784-98B9-C714A605A475 7 (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. 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; DocuSign Envelope ID: A82B7FA2-420C-4784-98B9-C714A605A475 8 (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. 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: DocuSign Envelope ID: A82B7FA2-420C-4784-98B9-C714A605A475 9 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 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 DocuSign Envelope ID: A82B7FA2-420C-4784-98B9-C714A605A475 10 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 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) DocuSign Envelope ID: A82B7FA2-420C-4784-98B9-C714A605A475 11 Fort Collins CO 80522-0580 Subrecipient: Fort Collins Lieutenant The Salvation Army 3901 S. Mason St. Fort Collins, CO 80525 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 DocuSign Envelope ID: A82B7FA2-420C-4784-98B9-C714A605A475 12 (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 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; DocuSign Envelope ID: A82B7FA2-420C-4784-98B9-C714A605A475 13 (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 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. DocuSign Envelope ID: A82B7FA2-420C-4784-98B9-C714A605A475 14 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: The Salvation Army A California nonprofit corporation Date: _________________________ By: _____________________________________ Divisional Commander By: _____________________________________ Divisional Business Secretary Federal I.D. #: 94-1156347 ATTEST: ______________________________ Divisional Programs Secretary (Corporate Seal) DocuSign Envelope ID: A82B7FA2-420C-4784-98B9-C714A605A475 10/26/2020 Ingrid Decker 10/28/2020 Delynn Coldiron 15 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 DocuSign Envelope ID: A82B7FA2-420C-4784-98B9-C714A605A475 16 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: A82B7FA2-420C-4784-98B9-C714A605A475