HomeMy WebLinkAbout2016-2730Contract C0004999
ANOKA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AGREEMENT
between
THE COUNTY OF ANOKA,
a Political Subdivision of the State of Minnesota,
by and Through the Anoka County Housing & Redevelopment Authority,
a Public Body Corporate and Politic
ME
CITY OF COLUMBIA HEIGHTS
This Agreement is entered into this 1211 day of July 2016 between the County of Anoka, a political subdivision
of the State of Minnesota, by and through the Anoka County Housing and Redevelopment Authority, a public body
corporate and politic (hereinafter referred to as the "HRA "), and City of Columbia Heights (hereinafter referred to as
the "Agency "):
RECITALS
A. The County of Anoka (hereinafter "County ") is an urban county applicant for block grant funds under the
Housing and Community Development Act of 1974 (the Act), Pub. L. 93 -383 as amended, and will receive
block grant funds for the purpose of carrying out eligible community development and housing activities under
the Act and under regulations promulgated by the Department of Housing and Urban Development (HUD) at
24 CFR p. 570 and CFDA 14.218.
B. An Urban County Consortium has been established by a Joint Cooperation Agreement between the County
and municipal corporations within the County, the terms of which specify allocation of block grant funds to
those participating jurisdictions for use in accordance with the County Housing Assistance and Community
Development Plans accepted by participating jurisdictions and reviewed by HUD;
C. The County has entered into a joint powers agreement with the HRA to administer the Community
Development Block Grant Program and delegated to the HRA the rights, duties and obligations to disperse,
monitor and administer funds under the Community Development Block Grant program, in a manner
consistent with terms and conditions imposed on the County by agreement, County resolution, HUD
regulations, and the Community Development Block Grant Plan;
D. The HRA desires to have certain services performed by the Agency as described within this agreement, and
as authorized by County resolutions for the purpose of implementing eligible activities under the Act and HUD
regulations;
E. It is appropriate and mutually desirable that the Agency be designated by the HRA to undertake the
aforementioned eligible activities, so long as the requirements of the Act, HUD Regulations, state law and
local law are adhered to, as provided for herein;
The purpose of this Agreement is to provide for cooperation between the HRA and the Agency, as the parties
in this agreement, in implementing such eligible activities in the manner described above;
G. The parties are authorized and empowered to enter into this Agreement by the Laws of the State of Minnesota.
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H. The attached exhibits as listed below are hereby incorporated in this agreement and made a part hereof:
PART I.
GENERAL CONDITIONS
PART 11.
FEDERAL AND LOCAL PROGRAM REQUIREMENTS
PART Ill.
EVALUATION AND RECORD KEEPING
Exhibit A
HUD Project Activity Sheet
Exhibit B
Objectives and Outcomes
Exhibit C
Inventory Policy and Equipment and Furnishing Inventory
Exhibit D
Certification
Exhibit E
Insurance Requirement
In consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed
by the parties hereto, the parties mutually covenant and agree as provided for in this agreement,
COUNTY OF ANOKA:
By: z�zle-27
Karen Skepper, Director
Community and Government Relations
Date:
APPROVED AS TO FORM:
By:
Assistant County Attorney
Date:
AGENCY: CITY OF
r natul
Name:
Hereinafter, references to the "County" shall be deemed to be references to the Anoka County Housing and
Redevelopment Authority.
M
PART 1. GENERAL CONDITIONS
1. SCOPE OF AGREEMENT
The Agreement between the parties shall consist of the signature page, the general conditions; the federal,
state and local program requirements; the evaluation and record keeping requirements, each and every
project exhibit incorporated into the Agreement; all matters and laws incorporated by reference herein;
and any written amendments made according to the general conditions. This Agreement supersedes any
and all former agreements applicable to projects attached as exhibits to this Agreement.
2. SCOPE OF SERVICES
The Agency shall perform and carry out in a satisfactory and proper manner the services set forth in the
Exhibit(s) attached hereto. In the case of multiple projects, each project shall correspond to a separate
exhibit. This Agreement may be amended from time to time, in accordance with the general conditions,
for the purpose of adding new projects, amending the scope of work, or for any other lawful purpose.
3. COMMENCEMENT AND TERMINATION OF PROJECTS
Upon release of project - related funds by HUD pursuant to federal regulations, the County shall furnish the
Agency with written notice to proceed. No work on the project shall occur prior to the notice to proceed
without written approval from the County. Termination dates for individual projects shall be specified in
the appropriate exhibits and be in compliance with County Board Resolution #85 -23. Costs incurred after
the termination date will not be reimbursed. The termination date may be changed through amendment
of this Agreement.
4. ADMINISTRATION
A. The Agency shall appoint a liaison person who shall be responsible for overall administration of block
grant funded project {s) and coordination with the HRA and Community Development Program. The
Agency shall also designate one or more representatives who shall be authorized to sign the
Disbursement Request Form. The names of the authorized representative shall be specified in the
Exhibit A,
B. For all agencies that are presently parties to Joint Cooperation Agreements with the County covering
planning, distribution of funds, and program execution under the Act, the Agency remains subject to
the provisions of such agreement.
5. COMPENSATION AND METHOD OF PAYMENT
A. The County shall reimburse the Agency for the services specified in the Exhibits in an amount
specified on Exhibit A. Reimbursement shall be based on a Community Development Disbursement
Request Form submitted with supporting documents and signed by the Agency's authorized
representative.
B, The Agency must submit a properly executed Disbursement Request Form to the county. The
County will make payment to the Agency not more than ten (10) working days after said invoice is
received and approved by Anoka County. The County will issue a statement of correction voucher in
the event that the voucher request is erroneous. Payment does not constitute absolute approval.
C. As the County must pass HUD's annual timelessness test for spending funds each May 1St, the
County requires Agency reimbursement requests be submitted as specified in Exhibit A and below:
Public Service Activities: The Agency must spend at least 50% of its allocated funds by
December 31St of this Agreement's program year. All funding requests and HUD- required
beneficiary data are to be submitted on a quarterly basis during the program year with
Quarter 1 due September 30, Quarter 2 due December 31, Quarter 3 due March 31, and
Quarter 4 due June 15. Any allocated funds not spent by the end of this Agreement's
term will be recaptured by the County.
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11. INSURANCE
The Agency shall procure and maintain in full force and effect during the term of this Agreement,
insurance coverage for injuries to persons or damages to property which may arise from or in
connection with the performance of the work /services hereunder by the Agency, its agents,
representatives, employees or subcontractors. The insurance coverage shall satisfy the
requirements set forth in Exhibit E, which is attached hereto and incorporated herein.
12. CONFLICT OF INTEREST
A. Interest of Officers, Employees, or Agents - No employee, agent, consultant, officer, or elected or
appointed official of the Agency who exercises any functions or responsibilities with respect to Block
Grant Program activities assisted under this Program or who are in a position to participate in a
decision making process or gain inside information with regard to such activities, may obtain a
personal or financial interest or benefit from the activity, or have an interest in any contract,
subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or
those with whom they have family or business ties, during their tenure or for one year thereafter.
B. Interest of Subcontractor and Their Employees - The Agency agrees that it will incorporate into every
subcontract required to be in writing and made pursuant to this Agreement the following provisions:
The Contractor covenants that no person who presently exercises any functions or
responsibilities in connection with the Block Grant Program has any personal financial interest,
direct or indirect, in this Contract. The Contractor further covenants that he /she presently has
no interest and shall not acquire any interest, direct or indirect, which would conflict in any
manner or degree with the performance of his services hereunder. The Contractor further
covenants that in the performance of this Contract no person having any conflicting interest
shall be employed. Any interest on the part of the Contractor or his employees must be
disclosed to the Agency and the County.
13. DATA PRIVACY
All data collected, created, received, maintained, or disseminated, or used for any purposes in the course
of the Provider's performance of this Agreement is governed by the Minnesota Government Data Practices
Act, Minnesota Statutes 2003, Section 13.01 et seq. or any other applicable State statutes and any State
rules adopted to implement the Act, as well as State statutes and Federal regulations on data privacy. The
Provider agrees to abide by these statutes, rules, and regulations and as they may be amended.
14. TERMINATION
A. This Agreement is subject to termination upon thirty (30) days written notice by the County should:
(1) The Agency mismanage or make improper or unlawful use of Agreement funds;
(2) The Agency fail to comply with the terms and conditions expressed herein or the applicable
regulations and directives of the Federal Government, State, or County;
(3) The Agency fail to provide work or services expressed by this Agreement; or
(4) The Agency fail to submit reports or submit incomplete or inaccurate reports in any material
respect.
B. This Agreement may be terminated by the County immediately upon the receipt by the County of
notice of the loss of federal funding for the Community Development Block Grant Program or any
project of the Agency.
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a) Property records shall be maintained accurately and provide for: a description of the
property; manufacturer's serial number or other identification number; acquisition date
and cost; source of the property; percentage of block grant funds used in the purchase
of property; and location, use, and condition of the property.
b) A physical inventory of property shall be taken and the results reconciled with the
property records at least once every two (2) years to verify the existence, current
utilization, and continued need for the property.
c) A control system shall be in effect to insure adequate safeguards to prevent loss,
damage, or theft to the property, Any loss, damage, or theft of the property shall be
investigated and fully documented.
d) Adequate maintenance procedures shall be implemented to keep the property in good
condition,
16. DISPOSITION OF PROGRAM INCOME
Upon the expiration or termination of this agreement, any unexpended program income or program income
that has not been spent on the project, shall be returned by the Agency to the County.
PART 11. FEDERAL AND LOCAL PROGRAM REQUIREMENTS
1. GENERAL REQUIREMENTS
The Agency shall comply with the Housing and Community Development Act of 1974, Public Law 93 -383
as amended, and Implementing Regulations at 24 CFR p. 570.
2. PROCUREMENT STANDARDS
In awarding contracts pursuant to this Agreement, the Agency shall comply with all applicable
requirements of local and state law for awarding contracts, including but not limited to procedures for
competitive bidding, contractor's bonds, and retained percentages. In addition, the Agency shall comply
with the requirements of the U.S. Office of Management and Budget Code of Federal Regulations 2 CFR
200 as appropriate, relating to bonding, insurance and procurement standards; and with Executive Order
11246 regarding nondiscrimination bid conditions for projects over Ten Thousand and no /100 Dollars
($10,000.00), Where federal standards differ from local or state standards, the stricter standards shall
apply. The federal standard of Ten Thousand and no /100 Dollars ($10,000,00) for competitive bidding
shall apply only if the applicable state or local standard for competitive bidding is less strict than Ten
Thousand and no /100 Dollars ($10,000.00).
3. ENVIRONMENTAL REVIEW
A. National Environmental Policy Act - The County retains environmental review responsibility for
purposes of fulfilling requirements of the National Environmental Policy Act as implemented by HUD
Environmental Review Procedures (24 CFR pt. 58). The County may require the Agency to furnish
data, information and assistance for the County's review and assessment in determining whether an
Environmental Impact Statement must be prepared.
B. State Environmental Policy Act - Agencies that are branches of government under Minnesota Law,
retain responsibility for fulfilling the requirements of the State Law regarding environmental policy
and conservation, and regulations and ordinances adopted thereunder. If the agency is not a branch
of government under Minnesota Law, the County may require the agency to furnish data, information
and assistance as necessary to enable the County to comply with the State Environmental Policy
Act.
C. Satisfaction of Environmental Requirements - Project execution under this Agreement by either the
County or the Agency shall not proceed until satisfaction of all applicable requirements of the National
and State Environmental Policy Acts. A written notice to proceed will not be issued by the County
until all such requirements have been met,
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(3) To the greatest extent feasible, the Agency shall purchase supplies and services for activities
under this agreement from vendors and contractors whose businesses are located in the area
served by block grant funded activities or owned in substantial part by project area residents.
(Section 3, Housing and Community Development Act of 1968, as amended.)
Notice
(1) The Agency shall include the provisions of the appropriate preceding subsections A, B, C, D,
and E of this section in every contract or purchase order for goods and services under this
Agreement and shall send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding a notice advising the said
labor union or worker's representative of the commitments made in these subsections.
(2) In advertising for employees, goods or services for activities under this Agreement, the agency
shall utilize minority publications in addition to publications of general circulation.
5. LABOR STANDARDS
The Agency shall require that project construction contractors and subcontractors pay their laborers and
mechanics at wage rates in accordance with the Davis-Bacon Act, as amended (40 USC sections
327-333); provided that this section shall not apply to rehabilitation of residential property designed for
residential use by fewer than eight families.
A copy of the current Federal Prevailing Wage rate and HUD forms 4010 and 92010 must be included in
all construction bid specs and contracts. Forms may be obtained from the Anoka County Community and
Government Relations department or federal www.hud.gov website.
6. ACQUISITION AND RELOCATION
A. Any acquisition of real property for any activity assisted under this Agreement shall comply with Title
III of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(hereinafter referred to as the Uniform Act) (42 USC section 4601) and the Regulations at 24 CFR
pt. 42,
B. Any displacement of persons, business, nonprofit organizations or farms as the result of acquisition
of real property assisted under this Agreement shall comply with Title 11 of the Uniform Act as
amended by the Uniform Relocation Act as amended Title IV of the Surface Transportation and
Uniform Relocation Assistance Act as amended (Pub. L 100-17, 101 Stat. 246-256) and the
Regulations at 49 CFR pt. 24. The Agency shall comply with the Regulations pertaining to costs of
relocation and written policies, as specified by 24 CFR section 570.606 (a) & (b).
C. In any activity assisted under this agreement which results in demolition or conversion to another
use of low/moderate income housing, the agency will follow the requirements set forth in the revised
Section 104(4) of the Housing and Community Development Act of 1974, as amended, and
implementing regulations.
HISTORIC PRESERVATION
The Agency shall meet the historic preservation requirements of Public Law 89-665 and the Archeological
and Historic Preservation Act of 1974 (Pub, L. 93-291) and Executive Order 11593, including the
procedures prescribed by the Advisory Council on Historic Preservation in the Regulations at 36 CFR pt.
800, Activities affecting property listed in or found to be eligible for inclusion in the National Register of
Historic Places will be subject to requirements set forth in HUD Environmental Review Procedures at 24
CFR pt, 58.
8. ARCHITECTURAL BARRIERS
Any facility constructed pursuant to this Agreement shall comply with design requirements of the
Architectural Barriers Act of 1968 (42 USC section 4151 et. seq. & 24 CFR 40, et, seq.).
all
17, PUBLIC OWNERSHIP
For Agencies which are not municipal corporations organized under the laws of the State of Minnesota, it
may become necessary to grant the County a property interest where the subject project calls for the
acquisition, construction, reconstruction, rehabilitation, or installation of publicly -owned facilities and
improvements. The Agency shall comply with current County policy regarding transfer of a property
interest sufficient to meet the public ownership requirement
18. PUBLIC INFORMATION
A. In all news releases and other public notices related to projects funded under this Agreement, the
Agency shall include information identifying the source of funds as the Anoka County Community
Development Block Grant Program.
B. For all construction projects the Agency shall erect a sign to County specifications at the construction
site, identifying the source of funds, except that this requirement may be waived for construction
projects of Ten Thousand and no /100 ($10,000.00) Dollars or less.
19. APPLICABLE UNIFORM ADMINISTRATIVE REQUIREMENTS
A. An Agency (recipients and subrecipients) including public agencies shall comply with the
requirements and standards of the Office of Management and Budget, Code of Federal Regulations
2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards. Regulations available atwww.ecfr.gov and www.cfo.gov /cofar,
PART Ill. EVALUATION AND RECORD KEEPING
1, EVALUATION
The Agency agrees to participate with the County in any evaluation project or performance report, as
designed by the County or the appropriate Federal agency, and to make available all information required
by any such evaluation process.
2. AUDITS AND INSPECTIONS
The Agency shall obtain an independent audit for any calendar year during which the agency expended
at least $500,000 of Federal funds, Qualified individuals who are sufficiently independent of those who
authorize the expenditure of Federal funds shall make such audit. The audit report shall state that the
audit was performed in accordance with the generally accepted governmental audit standards for financial
and compliance audits of the U. S. General Accounting Office Standards for Audit of Governmental
Organizations, Programs, Activities, and Functions, and the provisions of OMB A -110. When applicable,
the Agency shall also comply with the audit requirements of revised OMB Circular A -133 dated June 24,
1997.
The records and documents with respect to all matters covered by this contract shalt be subject at all times
to inspection, review or audit by the County, Federal or State officials so authorized by law during the
performance of this contract and during the period of retention specified in this Part Ill,
3. RECORDS
As required by HUD Regulations, 24 CFR pt� 570, the Agency shall compile and maintain the following
records:
A. Financial Management - such records shall identify adequately the source and application of funds
for activities within this Agreement, in accordance with the provisions of the U.S. Office of
Management and Budget Circular A -102 or A -110 as appropriate. These records shall contain
information pertaining to grant awards and authorizations, obligations, un- obligated balances,
assets, liabilities, outlays, and income.
B. Citizen Participation - Narrative and other documentation describing the process used to inform
citizens concerning the amount of funds available, the ranges of project activities undertaken, and
opportunities to participate in funded block grant projects.
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Exhibit A
2016 PY CDBG Project Activity
Jurisdiction Name: Anoka County
Priority Need: HIGH
Recipient: City of Columbia Heights — Contract #00004999
Activity Title: City of Peace Park and Recreation Center
Project Description: Renovate and expand park, including construction of new recreational building to provide outreach
and recreational opportunities to residents
Location: 1305 Circle Terrace Boulevard NE, Columbia Heights, MN 55421
Objective category*: Z Suitable Living Environment F_j Decent Housing F-1 Economic Opportunity
Outcome category*: ❑ Availability/Accessibility ❑ Affordability Z Sustainability
*As defined in Exhibit 6 — federal Statement of Community Development Objectives and Outcomes
HUD Matrix Code: 03F -
CDBG Citation: 570.201 (d)
Parks, Recreational Facilities
$236,771A0
Recipient Type:
CDBG National Objective:
Subrecipient
Low/Mod Income Area
Start Date: 7/1212016
Completion Date: 12131/2017_
Performance Indicator:
Accomplishment:
01- People
20,000 People
DUNS Number: Activity Administered by:
01-033-2252 City of Columbia Heights
Funding Sources:
CDBG
$236,771A0
HOME
$0,0
Total Formula
$0.0
Prior Year Funds
$0
Assisted Housing
$0
PHA
$0
Other Funding Pi
$0
Total:
$236,771.00
The subrecipient has up to 18 months to spend $236,771 in allocated funding. The subrecipient must submit its final reimbursement
request and all accomplishment data to the County's Community Development Department by no later than December 30, 2017. The
subrecipient agrees to abide by all HUD regulations, including but not limited to, Davis-Bacon requirements as set forth by HUD.
Failure to spend funds, abide by HUD regulations, or submit required accomplishment data within the program year deadlines
will result in either repayment of funds to HUD or the recapture of unspent funds.
By signing below, are authorized repfeser
been rehd and
Signature of Authorized
of the subrecipient acknowledges that this Exhibit A document has
roject description and terms understood.
Date
Statement of Community Development Objectives and Outcomes
OJBECTIVES
The following objectives have been established for assisting communities and citizen groups in the formulation of
specific program activities.
Provide Decent Housing
• Assist homeless persons obtain affordable housing
• Assist persons at risk of becoming homeless
• Retention of affordable housing stock
• Make available permanent housing that is affordable to low- income residents without discrimination
2. Provide a Suitable Living Environment
• Improve the safety and livability of neighborhoods
• Increase access to quality facilities and services
• Reduce the isolation of income groups within an area through decentralization of housing opportunities
and revitalization of deteriorating neighborhoods
• Restore and preserve properties of special historic, architectural or aesthetic value
• Conservation of energy resources
Expand Economic Opportunities
• Job creation and retention
• Establish, stabilize and expand small businesses
• Provision of public services concerned with employment
• Provision of jobs to low- income persons living in areas affected by those programs, or resulting from
activities under programs covered by the plan
• Available mortgage financing for low- income persons at reasonable rates
• Access to capital and credit for development activities that promote long -term economic and social
viability of the community
• Empower low - income persons to reduce generational poverty in federally assisted housing and public
housing
OUTCOMES
Availability/Accessibility
Make services, infrastructure, public services, public facilities, housing, or shelter available or accessible to low -
and moderate - income people, including persons with disabilities
Does not refer only to physical barriers
Make the affordable basics of daily living available and accessible to low- and moderate - income people where
they live.
Affordability
• Provide affordability in a variety of ways in the lives of low- and moderate - income people
• Creation or maintenance of affordable housing, basic infrastructure hook -ups, or services such as transportation
or day care
Sustainabili"ty., Promoting Livable or Viable Communities
• Promote projects where the activity or activities are aimed at improving communities or neighborhoods
• Help make them livable or viable by providing benefits to persons of low- and moderate - income
• Remove or eliminate slums or blighted areas, through multiple activities or services that sustain communities or
neighborhoods.
Inventory Policy and Equipment and Furnishing Inventory
Property Controls
The federal regulations regarding property controls in 24 CFR 84.34(f) are for the purpose of tracking the
assets purchased with grant funds to ensure that they are properly maintained, secure and being used for
authorized purposes. Agencies and funders should do a periodic physical inventory on these items to verify
their existence, current utilization and continued need. For this reason agencies using federal funds to
purchase furnishing, vehicles or equipment for a project should keep accurate records including the
following: a complete description of the items purchased, a serial or other identification number, the source
of funds and grant contract number, the acquisition date and the cost.
These items are federal property and cannot be disposed of without requesting permission and guidelines
from the Anoka County Housing and Redevelopment Authority (ACHRA). If the recipient no longer needs
the items for the grant project it may be used for other activities if the condition of 24 CFR 84,34(8) and 24
CFR 570,201 and 570,503 are met.
CFR 24 Section 84.34 outlines the federal regulations that apply to equipment purchased with grant
monies. A summary of these requirements follows.
The recipient will use the equipment in the project for which it was acquired as long as needed.
When it is no longer needed for that project, it should be used for other federally-sponsored HUD
activities, unless compensation is made to HUD.
The recipient will maintain accurate equipment records including
c Description
o Serial number, model number or identification number
o Source of federal funds with which equipment was purchased
o Date received
0 Cost
o Location
o Condition when acquired
• A physical inventory of equipment should be taken every two (2) years during which the recipient
will verify the existence, current utilization and continued need for the equipment
• Recipient is responsible to ensure that adequate maintenance procedures are implemented to
keep the equipment in good condition.
• If the recipient is authorized by the ACHRA to sell the equipment, federal sales procedures must be
used. CFR 24 Section 84.34(8),
Inventory Policy
Equipment and furnishings purchased with federal funds shall be recorded on an inventory list for
recording keeping and reference if they meet HUD's definition of "tangible non-expendable property"
having a useful life of more than one year and either:
• Have an acquisition cost of $500 or more, or
• Can be defined as electronic equipment or a small appliance over $200
CERTIFICIATION
The Undersigned, on behalf of the Agency, certifies, to the best of his or her knowledge and belief, that:
(1) No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or any 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 of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan
or cooperative agreement.
(2) If any funds other than federally appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance
with instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1332, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
AGI
By:
Titlr
Dati
EXHIBIT E
FOR SERVICE PROVIDER (with auto)
INSURANCE REQUIREMENTS
Bidders/contractors/consultants (hereinafter referred to as the "Contractor") will procure and
maintain for the duration of this Agreement/Contract (hereinafter referred to as the
"Contract"), insurance coverage for injuries to persons or damages to property which may
arise from or in connection with the performance of the work herein by the contractor, its
agents, representatives, employees or subcontractors, Anoka County Contract No.:
C0004999.
1.1 Commercial General Liability. Contractors will maintain Commercial General
Liability (CGL) and, if necessary, commercial umbrella insurance with a combined
limit of not less than $1,500,000 each occurrence.
1.1,1 CGL Insurance will be written on ISO occurrence form CG 00 01 96 (or a
substitute form providing equivalent coverage), and will cover liability arising
from premises, operations, independent contractors, products - completed
operations, personal injury and advertising injury, and liability assumed
under an insured contract including the tort liability of another assumed in a
business contract.
1.1.2 Anoka County, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities
and their board members, employees, and volunteers, and all its officers,
agents, and consultants, are named as Additional Insured under the CGL,
using ISO additional insured endorsement CG 20 10 10 01 and CG 20 37
10 01 or substitute providing equivalent coverage, and under the commercial
umbrella, if any with respect to liability arising out of the contractor's work
and services performed for the County. This coverage shall be primary to the
Additional Insured.
1.1,3 The County's insurance will be excess of the contractor's insurance and will
not contribute to it. The contractor's coverage will contain no special
limitations on the scope of protection afforded to the County, its agents,
officers, directors, and employees.
1.1.4 Waiver of Subrogation. Contractor waives all rights against Anoka County
and its agents, officers, directors and employees for recovery of damages to
the extent these damages are covered by the Commercial General Liability
or commercial umbrella liability insurance obtained by Contractor pursuant to
Paragraph 1.1.
1.2 Automobile Liability and Umbrella Liability Insurance. Contractor will maintain
automobile liability with a limit of not less than $500,000 for each accident.
1.2.1 Automobile insurance will cover liability arising out of any auto (including
owned, hired and non-owned autos). If the Contractor does not own any
vehicles, Anoka County will accept hired and non-owned autos with a letter
from the Contractor stating that it does not own any autos.
Exhibit E-02: CGL coverage $1,500,000 w/$500,000 Auto
1.4.2 Cancellation and Material Change Endorsement shall be included on all
insurance policies required by the County. Thirty (30) days Advance Written
Notice of Cancellation, Non-Renewal, Reduction in insurance coverage
and/or limits and ten (10) days written notice of non-payment of premium
shall be sent to the County at the office and attention of the Certificate
Holder, This endorsement supersedes the Standard Cancellation Statement
on Certifications of Insurance to which this endorsement is attached.
1.4.3 No Representation of Coverage Adequacy. By requiring insurance
herein, Anoka County does not represent that coverage and limits will
necessarily be adequate to protect the Contractor and such coverage and
limits shall not be deemed as a limitation on Contractor's liability under the
indemnities granted to Anoka County in this Contract.
1.4.4 Failure of Anoka County to demand such certification or other evidence of
full compliance with these insurance requirements or failure of Anoka County
to identify deficiency from evidence that is provided will not be construed as
a waiver of Contractor's obligation to maintain such insurance.
1.4.5 Failure to maintain the required insurance may result in termination of this
Contract at Anoka County option.
1.4.6 Contractor will provide certified copies of all insurance policies required
herein within 10 days if requested in writing by Anoka County.
1.4.7 Gross-Liability coverage. If Contractor's liability does not contain the
standard ISO separation of insured provision, or a substantially similar
clause, they shall be endorsed to provide cross-liability coverage.
1.4.8 Any policy written on a claims-made basis, the Contractor warrants that any
retroactive date applicable to coverage under the policy proceeds the
effective dates of this contract; and that continuous coverage will be
maintained or extended discovery period of 2 years beginning from the time
that work under the contract is completed.
1.4.9 Acceptability of Insurer(s). Anoka County reserves the right to reject any
insurance carriers that are rated less than: A.M. Best rating of A: IV
Exhibit E-02: CGL coverage $1,500,000 w/$500,000 Auto