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HomeMy WebLinkAbout2021-4043DocuSign Envelope ID: D19E4E78-3880-4D00-82C1-E1EFF032D665 Contract # 2021-4043 Contract; C0007329 ANOKA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUB -RECIPIENT AGREEMENT between THE COUNTY OF ANOKA AND CITY OF COLUMBIA HEIGHTS This Sub -Recipient Agreement (hereinafter referred to as the "Agreement") is entered into this 1s{ day of July 2019, 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 the 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 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; F. 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; DocuSign Envelope ID: D19E4E78-3880-4D00-82C1-E1EFF032D665 G. H The parties are authorized and empowered to enter into this Agreement by the Laws of the State of Minnesota. The attached exhibits as listed below are hereby incorporated in this Agreement and made a part hereof; PART I, GENERAL CONDITIONS PART II, FEDERAL AND LOCAL PROGRAM REQUIREMENTS PART III, EVALUATION AND RECORD KEEPING Exhibit A CDBG PY (Program Year) Activity Sheet Exhibit B Statement of Community Development Objectives and Outcomes Exhibit C Inventory Policy and Equipment and Furnishing Inventory Exhibit D Certification of Non -Conflict of Interest Exhibit E Insurance Requirement Exhibit F Section 3 Clause as set for in 24 CFR Part 135,38 Exhibit G Certification of Non -Debarment Hereinafter, references to the "County" shall be deemed to be references to the Anoka County Housing and Redevelopment Authority. The remainder of this page intentionally left blank -2- DocuSign Envelope ID: D19E4E78-3880-4D00-82C1-E1EFF032D665 PART I. 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 maybe 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 name of the authorized representative shall be specified in the Exhibit A. B. For all agencies that are presently parties to 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 in Exhibit A. Reimbursement requests shall be submitted on a Community Development Disbursement Request Form, signed by the Agency's authorized representative and include all required supporting documentation. 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 thirty (30) days after said invoice and required supporting documentation are received and approved by Anoka County, except that all payments are conditioned upon the County's receipt of federal funding. In the event there is a delay in the County's receipt of federal funds, payments to the Agency will also be delayed. It is the Agency's sole responsibility to conduct its business and engage in services/contracts accordingly, as the County is not responsible for any consequences or outcomes that may result from the delay of federal funds being available for use. The County will issue a statement of correction voucher in the event the voucher request is erroneous, Payment does not constitute absolute approval. SRI DocuSign Envelope ID: D19E4E78-3880-4D00-82C1-E1EFF032D665 C. As the County must pass HUD's annual timelessness test for spending funds each May 18t, 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 monthly or quarterly basis during the program year with Quarter 1 ending September 30, Quarter 2 ending December 31, Quarter 3 ending March 31, and Quarter 4 ending June 15. Any allocated funds not spent by the end of this Agreement's term will be recaptured by the County. Project Activities: The Agency must complete a partial draw within six to nine months of contract date. The Agency must spend 100% of allocated funding by no later than the end of this Agreement's term. The Agency's final reimbursement request and accomplishment data must be submitted to the County prior to Exhibit A's Completion Date. Any funds not spent by the end of this Agreement's term will be recaptured by the county. 6. OPERATING BUDGET The Agency shall apply the funds received from the County under this Agreement in accordance with the requirements of the Exhibit(s) attached hereto. 7. FUNDING ALTERNATIVES AND FUTURE SUPPORT A. The Agency shall report all program income revenues generated under this Agreement for the purposes specified herein or generated through the project(s) funded under this Agreement. All program income shall be forwarded to Anoka County. B. The County makes no commitment to future support and assumes no obligation for future support of the activities contracted for herein, except as expressly set forth in this Agreement. C. Should anticipated sources of revenue not become available to the County for use in the Community Development Block Grant Program, the County shall immediately notify the Agency in writing and the County will be released from all contracted liability for that portion of the Agreement covered by funds not received by the County. 8. AMENDMENTS Either party may request modifications in the scope of services, terms, or conditions of this Agreement. Proposed modifications that are mutually agreed upon shall be incorporated by written amendment to this Agreement. A written amendment may affect a project or projects authorized by this Agreement or may be of general application. It shall be expected that an amendment may trigger the Substantial Amendment process to be completed with citizen notification. 9. ASSIGNMENT AND SUBCONTRACTING A. The Agency shall not assign any portion of this Agreement without the written consent of the County, and it is further agreed that said consent must be sought by the Agency not less than fifteen (15) days prior to the date of any proposed assignment. See Part II, item 6 "Federal and Local Program Requirements" for Certification of Non -Debarment procedures. B. Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement and proper bidding procedures contained therein. The Agency agrees that it is as fully responsible to the County for the acts and omissions of its subcontractors and of their employees and agents, as it is for the acts and omissions of its own employees and agents. -4- DocuSign Envelope ID: D19E4E78-3880-4D00-82C1-E1EFF032D665 10. HOLD HARMLESS AND INDEMNIFICATION A. The Agency shall, to the greatest extent permitted by law, hold harmless, indemnify, and defend the County, its commissioners, officers, agents and employees against any and all claims, expenses (including attorneys' fees), losses, damages or lawsuits for damages arising from or related to the services to be provided under this Agreement, including but not limited to the negligence of the Agency or any entity or person for which the Agency is legally responsible. B. The Agency further agrees that it is financially responsible (liable) for any audit exception that occurs due to its negligence or failure to comply with the terms of the Agreement. 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 execute the required Certification of Non -Conflict of Interest attached as Exhibit D and 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; -5- DocuSign Envelope ID: D19E4E78-3880-4D00-82C1-E1EFF032D665 (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. C. This Agreement is subject to termination upon thirty (30) days written notice by the Agency should: (1) The County fail in its commitment under this Agreement to provide funding for services rendered, as herein provided; or (2) Block Grant funds become no longer available from the Federal Government or through the County. D. Otherwise this Agreement shall terminate on the latest termination date specified on the Exhibit(s) attached hereto and shall be subject to extension only by mutual agreement and amendment in accordance with the General Conditions of this Agreement except the County may terminate the agreement if funds are not expended as required. E. Upon termination of this Agreement any unexpended balance of Agreement funds shall remain in the County Block Grant fund. F. In the event that termination occurs under paragraph A (1) of this section, the Agency shall return to the County all funds which were expended in violation of the terms of this Agreement. 15. USE AND REVERSION OF ASSETS The use and disposition of real property and equipment under this Agreement shall be in compliance with Exhibit C and the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570,504, as applicable, which included but are not limited to the following: A. The Agency shall transfer to the County any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation or termination. Such payment shall constitute program income to Anoka County. B. Real property under the Agency's control which was acquired or improved in whole or in part using CDBG funds accumulated in excess of $25,000 shall apply standards set forth in 570,505. These standards shall apply from the date CDBG funds are first spent for the property until five years after closeout of an entitlement recipient's participation in the entitlement of CDBG program or, with respect to other recipients until five years after the closeout of the grant from which the assistance to the property was provided. The Agency many not change the use or planned use of any such property including the beneficiaries of such use from that for which the acquisition or improvement was made. If the Agency fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective, sells, transfers title or there is a change in use, the Agency shall pay Anoka County an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to Anoka County. DocuSign Envelope ID: D19E4E78-3880-4D00-82C1-E1EFF032D665 C. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income to Anoka County. Equipment not needed by the Agency for activities under this Agreement shall be (a) transferred to Anoka County HRA for the CDBG program or (b) retained after compensating Anoka County, an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. The Agency agrees that any nonexpendable personal property, purchased wholly or in part with agreement funds at a cost of Five Hundred and no/100 Dollars ($500.00) or more per item, is upon its purchase or receipt the property of the County and/or federal government. Final ownership and disposition of such property shall be determined under the provisions of the U.S. Office of Management and Budget Circular No. A-102 or A-110 as appropriate. The Agency shall be responsible for all such property, including its care and maintenance. See Exhibit C (1) The Agency shall meet the following procedural requirements for all such property. 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 II, 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 no1100 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). -7- DocuSign Envelope ID: D19E4E78-3880-4D00-82C1-E1EFF032D665 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 underthis 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. 4. NON-DISCRIMINATION A. General The Agency shall comply with all federal, state and local laws prohibiting discrimination on the basis of age, sex, sexual orientation, marital status, race, creed, color, national origin or the presence of any sensory, mental or physical handicap or any other basis now or hereafter prohibited by Law. These requirements are specified in Section 109 of the Housing and Community Development Act of 1974; Civil Rights Act of 1964, Title VI; Civil Rights Act of 1964, Title VII; Executive Order 11063; Executive Order 11246; and Section 3 of the Housing and Urban Development Act of 1968. Specifically, the Agency is prohibited from taking any discriminatory actions defined in the HUD Regulations at 24 CFR 570,602 Section 109 and shall take such affirmative and corrective actions as are required by the Regulations at CFR 570,602. These requirements are summarized in the following paragraphs; B. Program Benefit The Agency shall not discriminate against any resident of the project service area by denying benefit from or participation in any block grant funded activity on the basis of race, color, sex, sexual orientation, or national origin. (Civil Rights Act of 1964, Title VI; Civil Rights Act of 1964, Title VII; Section 109, Housing and Community Development Act of 1974). C. Fair Housing The Agency shall take necessary and appropriate actions to prevent discrimination in federally assisted housing and lending practices related to loans insured or guaranteed by the federal government. (Civil Rights Act of 1964, Title VII; Executive Order 11063) D. Employment (1) In all solicitations under this Agreement, the Agency shall state that all qualified applicants will be considered for employment. The words "equal opportunity employer" in advertisements shall constitute compliance with this section. (2) The Agency shall not discriminate against an employee or applicant for employment in connection with this Agreement because of age, marital status, sexual orientation, race, creed, color, national origin, or the presence of any sensory, mental or physical handicap, DocuSign Envelope ID: D19E4E78-3880-4D00-82C1-E1EFF032D665 except when there is a bona fide occupational limitation. Such action shall include, but not be limited to the following; employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. (Executive Order 11246 as amended) (3) The work to be performed under this contract is subject to the requirements of "Section 3" of the Housing and Urban Development Act of 1968, as amended,12 U.S.C.1701 u "Section 3". To the greatest extent feasible, the Agency shall provide training and employment opportunities for lower income residents within the area served by block grant assisted projects. See Exhibit F E. Contractors and Suppliers (1) No contractor, subcontractor, union or vendor engaged in any activity under this Agreement shall discriminate in the sale of materials, equipment or labor on the basis of age, sex, sexual orientation, marital status, race, creed, color, national origin, or the presence of any sensory, mental, or physical handicap. Such practices include upgrading, demotion, recruiting, transfer, layoff, termination, pay rate, and advertisement for employment. (Executive Order 11246 as amended.) (2) All firms and organizations described above shall be required to submit to the Agency certificates of compliance demonstrating that they have, in fact, complied with the foregoing provisions; provided, that certificates of compliance shall not be required from firms and organizations on contracts and/or yearly sales of less than $10,000. (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). See Exhibit F F. 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. WE DocuSign Envelope ID: D19E4E78-3880-4D00-82C1-E1EFF032D665 6. CERTIFICATION OF NON -DEBARMENT Because federal money will be used to pay for all or part of the work under this Agreement, the Agency must provide certification regarding debarment, suspension, ineligibility and voluntary exclusion for all covered transactions, as set forth in the attached Exhibit G. By signing this Agreement, Agency certifies that it has procedures in place consistent with regulations implementing Executive Order 12549 and has provided such certification. For purposes of Exhibit G and this Agreement "prospective lower tier participant" refers to the Agency and any of its contractors and subcontractors performing under this Agreement. 7. 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 II 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(d) 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. 9. 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.). 10. NONPARTICIPATION IN POLITICAL ACTIVITIES The Agency shall comply with the provisions of the Hatch Act (5 USC Chapter 15). 11. CONDITIONS FOR RELIGIOUS ORGANIZATIONS The Agency agrees that funds provided under this contract will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR 570,2000). 12. NATIONAL FLOOD INSURANCE The Agency may not receive Community Development Block Grant funding for acquisition or construction for use in any area that has been identified as having special flood hazards and is not participating in the National Flood Insurance Program, as provided by Section 3(a) of the Flood Disaster DocuSign Envelope ID: D19E4E78-3880-4D00-82C1-E1EFF032D665 Protection Act of 1973 (Pub. L. 93- 234) and the Regulations thereunder (24 CFR Ch. 58.6, sub chap. B). The Agency shall comply with the Regulations at 24 CFR section 570.605. 13. AIR AND WATER POLLUTION The Agency shall comply with the provisions of the Clean Air Act, as amended (42 USC section 1857 et sec.) and the Federal Water Pollution Control Act, as amended (33 USC sections 1251 et sue) and the regulations issued thereunder (40 CFR pt. 15). 14. LEAD -BASED PAINT POISONING The Agency shall comply with the HUD Lead -Based Paint Regulations (24 CFR pt. 35) issued pursuant to the Lead -Based Paint Poisoning Prevention Act (42 USC sections 4831 et seq.) requiring (1) prohibition of the use of lead -based paint (whenever funds under this Agreement are used directly or indirectly for construction, rehabilitation, or modernization of residential structures); (2) elimination of immediate lead -based paint hazards in residential structures; and (3) notification of the hazards of lead -based paint poisoning to purchasers and tenants of residential structures constructed prior to 1978. All work performed on lead -containing surfaces must conform to lead -safe practices and be completed by workers who are either supervised by an EPA -certified abatement supervisor or be performed by workers trained in lead -safe work practices. If abatement options are specified in the work write-up, the contractor must hire an EPA -certified and state -licensed abatement contractor and submit proof of their current state license and insurances. 15. ENERGY STANDARDS To further affordable housing goals, Anoka County requires the use of Energy Star products for HUD - assisted new construction and rehabilitation projects. Energy Star products include washers, dryers, refrigerators, windows, heating and cooling equipment as well as light fixtures and bulbs. This standard applies to commercial and industrial and both single-family and multi -family housing units. 16. NON-DISCRIMINATION BASED ON DISABILITY When and where applicable, the agency shall comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) and Title II of the Americans with Disabilities Act as amended, Public Law 101-336 (1990), to ensure that no otherwise qualified individual with a disability in the United States shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving financial assistance under this agreement. 17. NON -SUBSTITUTION FOR LOCAL FUNDING The Block Grant Funding made available under this Agreement shall not be utilized by the Agency to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of funds under this Agreement. 18. 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. DocuSign Envelope ID: D19E4E78-3880-4D00-82C1-E1EFF032D665 19. 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. 20. APPLICABLE UNIFORM ADMINISTRATIVE REQUIREMENTS An Agency (recipients and sub -recipients) 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 at www.ecfr.gov and www,cfo.gov/cofar. PART III. 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 $750,000 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 shall 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 III, 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. -12- DocuSign Envelope ID: D19E4E78-3880-4D00-82C1-E1EFF032D665 C. Relocation - Indication of the overall status of the relocation workload and a separate relocation record for each person, business, organization, and farm operation displaced or in the relocation workload. D. Property Acquisition - Agency files must contain (a) invitation to owner to accompany appraiser during inspection, (b) at least one property appraisal, (c) statement of basis for determination of just compensation, (d) written offer of just compensation, (e) all documents involving conveyance, (f) settlement cost reporting statement, and (g) notice to surrender possession of premises. E. Equal Opportunity - The Agency shall maintain racial, ethnic, and gender data showing the extent to which these categories of persons have participated in, or benefited from, the activities carried out under this Agreement. The Agency shall also maintain data which records its affirmative action in equal opportunity employment, and its good -faith efforts to identify, train, and/or hire lower -income residents of the project area and to utilize business concerns which are located in or owned in substantial part by persons residing in the area of the project. F. Labor Standards - Records shall be maintained regarding compliance of all contractors performing construction work under this Agreement with the labor standards made applicable by 24 CFR 570.603. G. Determinations of Condition of Slum and Blight - The agency will submit: (1) An attorney's opinion that an area designated as slum or blighted for the purpose of qualifying a CDBG activity meets the State or local definition of same; (2) The boundary of the area so designated; (3) A list of the conditions the CDBG-funded activity is intended to address. In the event that a single property is designated as blighted, the community must submit a certified building inspector's report on the conditions leading to that determination. H. Economic Development - The agency will maintain copies of financial statements that indicate the historical and projected income of a company approved for CDBG assistance. Those records will include three years of profit and loss statements, balance statements and projected income statements. The agency will also keep records indicating the amount and terms of assistance provided together with an explanation of how the assistance provided meets the "necessary and appropriate" requirements communicated in the June 2, 1987 Stokvis memorandum. Such other records as may be required by the County and/or HUD. 4. RETENTION OF RECORDS Records documenting this CDBG funded project shall be retained by the Agency for five (5) years after completion with all HUD requirements, except as follows; (1) Records that are the subject of audit findings shall be retained for five (5) years after such findings have been resolved. (2) Records for nonexpendable property shall be retained for five (5) years after its final disposition. Nonexpendable property is defined in the U.S. Office of Management and Budget Circular No. A-102 or A-110 as appropriate. Records may be kept in either a paper or electronic format. 5. REPORTS The Agency shall submit such reports as required by the County on a monthly and annual basis and also prior to project execution. -13- DocuSign Envelope ID: D19E4E78-3880-4D00-82C1-E1EFF032D665 In consideration of payments, covenants, and agreements mentioned in the foregoing Agreement, 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:FDocuSigned by: cu't to SLtfpw Karen epper, Director Community and Government Relations Date: 11/24/2021 APPROVED AS TO FORM: FaDocuuSiiygn�e�d� by: ,, �& By: C 07 20. Andrew ac�Cola, Assistant County Attorney Date: 11/24/2021 CITY: COLUMBIA HEIGHTS DUNS's Number: 01-033-2252 DocuSigned by: Signature: Aut 77 onze epresentative Print Name: Kelli J. Bourgeois Title: City Manager Date: 11/24/2021 Signature: Print Name: Title: Date: -14- DocuSign Envelope ID: D19E4E78-3880-4D00-82C1-E1EFF032D665 Exhibit 2019 PY CDBG Project Activity Jurisdiction Name: Anoka County Priority: HIGH Sub -Recipient: City of Columbia Heights — AC Contract # 00007329 (for Part 2) Activity Title: Environmental Cleanup at "Root" property (Part 2 of 2) Approved Funding: $108,475 TOTAL with $83,720 for Part 2 from 2019 CDBG Project funds Project Description: Part 2 ($83,720) used to remediate/clean-up this contaminated site. Part 1 ($24,755) used for the environmental assessment of this abandoned/blighted property for future redevelopment. Location: 3930 University Avenue NE, Columbia Heights, MN 55421 Objective category*: ❑ Suitable Living Environment ❑ Decent Housing ® Economic Opportunity Outcome category*: ❑ Availability/Accessibility ❑ Affordability ® Sustainability *As defined in Exhibit B — federal Statement of Community Development Objectives and Outcomes CDBG Pro"ect Activit ''Details . HUD Matrix Code: 04A - Clean-up Contaminated Site CDBG Citation: 570.202 Recipient Type: Sub -Recipient National Objective: Slum / Blight Program Year Starts: July 1, 2019 PY Completion Date: June 30, 2022 Performance Indicator: Slum I Blight Accomplishment: 1 DUN's Number: 01.033.2252 Administered by: City of Columbia Heights As the county must pass HUD's annual timelessness test for spending funds each May 1st, please make every effort to spend at least 75% of your funds by April 15, 2022, as any additional extensions would be problematic. Subrecipient: 1) Must submit final reimbursement request and all accomplishment data to County staff no later than 06/1512022. • County must approve any budget revisions and/or adjustments. 2) Will complete project with funds ($83,720) spent and required paperwork submitted by June 30, 2022. 3) Will abide by applicable HUD regulations as required in the CDBG Sub -Recipient Agreement. Failure to adhere to items 1 through 3 above will result in either repayment of funds to HUD or recapture of unspent funds. By signing below, the Sub -recipient's authorized representative acknowledges this Exhibit A has been read, the project description/details understood and agreed to. rDocuSigned by: Signs urez I<el 1 i 7 . Bourgeois Print Authorized Rep: 11/24/2021 Date DocuSign Envelope ID: D19E4E78-3880-4D00-82C1-E1EFF032D665 • Statement of Community Development Objectives and Outcomes OBJECTIVES: The following objectives have been established for assisting communities and citizen groups in the formulation of specific program activities. 1. 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 3. 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. Sustainability. 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 benefit to persons of low- and moderate -income • Remove or eliminate slums or blighted areas, through multiple activities or services that sustain communities or neighborhoods. DocuSign Envelope ID: D19E4E78-3880-4D00-82C1-E1EFF032D665 Exhibit C Inventory Policy and Equipment and Furnishing Inventory Property Controls The federal regulations regarding property controls in 24 CFR 84.34(f) are for tracking 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 furnishings, vehicles or equipment for a project should keep accurate records including the following: a complete description of the item/s 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 conditions noted in 24 CFR 84.34(g) 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 for 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: o Description o Serial number, model number or identification number o Source of federal funds with which equipment was purchased o Date received o 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. See CFR 24 Section 84.34(g). 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 DocuSign Envelope ID: D19E4E78-3880-4D00-82C1-E1EFF032D665 Exhibit D CERTIFICATION OF NON -CONFLICT OF INTEREST 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 sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients 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. AGENCY: CITY OF COLUMBIA HEIGHTS F�z ned by: By: By: Title: Title: City Manager Date: Date: 11/24/2021 DocuSign Envelope ID: D19E4E78-3880-4D00-82C1-E1EFF032D665 Exhibit E-R2 INSURANCE REQUIREMENTS CONTRACT NUMBER: C0007329 with City of Columbia Heights The City and any of its hired Contractor(s) or Consultants (hereinafter collectively 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. City Obligations: The City shall provide to Anoka County a copy of any contractor's and/or subcontractor's insurance coverage prior to the start of work, showing Anoka County listed as an additional insured for such policies. The City shall, in the contract it enters into with its Contractor, require Contractor to indemnify and hold harmless Anoka County, including its officers and employees, against any claim, liability, judgment, loss, costs, or damages arising from an act or omission of Contractor, or its subcontractors, in the performance of the services described in the above -referenced contract. The insurance policy of Contractor shall satisfy the following requirements: 1.1 Commercial General Liability and Umbrella Liability Insurance. Contractor will maintain Commercial General Liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $2,000,000 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 will be included as an insured under the CGL, using ISO additional insured endorsement CG 20 10 10 01 and CG 20 37 10 01 CG or substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to Anoka County. There will be no endorsement or modifications of the CGL to make it excess over other insurance available insurance; alternatively, if the CGL states that it is excess or pro-rata, the policy will be endorsed to be primary with respects to the additional insured. 1.1.3 There will be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from pollution or employment practices. 1.1.4 Contractor waives all rights against Anoka County and it agents, officers, elected officials, and employees for recovery of damages to the extent these damages are covered by the commercial general liability insurance maintained pursuant to paragraph 1.1, 1.2 Pollution Legal Liability. Contractor shall purchase and maintain in force for the duration of the contract insurance for pollution legal liability applicable to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed; cleanup costs; and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims; all in connection with any loss arising from the EXH R2 - Pollution - 2019 DocuSign Envelope ID: D19E4E78-3880-4D00-82C1-E1EFF032D665 insured facility. Coverage shall be maintained in an amount of at least $2,000,000 per loss, with an annual aggregate of at least $4,000,000. 1.2.1 Coverage as required in paragraph 1.2 shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. 1.2.2 Insurance as required in paragraph 1.2 shall be placed with an insurer acceptable to the Owner. 1.2.3 If coverage as required in paragraph 1.2 is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning from the time that work under this contract is completed. 1.2.4 Contractor shall provide to Owner a certificate of insurance documenting the existence of coverage as required in section 1.2 of this contract. The certificate shall be signed by a person authorized by the insurer to bind coverage on its behalf as described in the certificate. Such certificate shall be delivered to Owner before work under this contract commences 1.3 Automobile Liability and Umbrella Liability Insurance. Contractor will maintain automobile liability and, if necessary, commercial umbrella insurance with a limit of not less than $2,000,000 each accident. 1.3.1 Automobile insurance will cover liability arising out of any auto (including owned, hired and non -owned autos). 1.3.2 Coverage as required in paragraph in 1.3 above will be written on ISO form CA 00 01, or substitute form providing equivalent liability coverage. If necessary, the policy will be endorsed to provide contractual liability coverage equivalent to that provided in the 1990 and later edition of CA 00 01. 1.3.3 Pollution liability coverage at least as broad as that provided under the ISO pollution liability broadened coverage for covered autos endorsement (CA 9948) will be provided, and the Motor Carrier Act endorsement (MCS 90) will be attached. 1.3.4 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 business auto liability or commercial umbrella liability insurance obtained by Contractor pursuant to Paragraph 1.3 of this Exhibit. 1.4 Workers' Compensation Insurance. Contractor will maintain Workers' Compensation Insurance as required by the State of Minnesota and Employers Liability Insurance with limits not less than $1,000,000 Bodily Injury By Accident for each accident, not less than $1,000,000 Bodily Injury By Disease each employee and not less than $1,000,000 Bodily Injury By Disease policy limit. 1.4.1 If Contractor is not required by Statute to carry Workers' Compensation insurance, Contractor must provide a letter on their letterhead which includes: 1.4.1.1 Provide evidence why the contractor is not required to obtain Workers' Compensation Insurance. EXH R2 - Pollution - 2019 DocuSign Envelope ID: D19E4E78-3880-4D00-82C1-E1EFF032D665 1.4.1.2 A statement in writing which agrees to provide notice to Anoka County of any change in Contractor's exception status under the Minnesota State Statutes 176,041; and 1.4.1.3 A statement which agrees to hold Anoka County harmless and indemnify the County from and against any and all claims and losses brought by Contractor or any subcontractor or other persons claiming injury or illness resulting from performance of work this contract. 1.4.2 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 workers' compensation and employer's liability or commercial umbrella liability insurance obtained by Contractor pursuant to Paragraph 1 A of this Exhibit. Contractor will obtain an endorsement equivalent to WC 00 03 13 to affect this waiver. 1.5 Other Insurance Provisions 1.5.1 Prior to the start of this Contract, Contractor will furnish Anoka County with completed copies of their certificate(s) of insurance, copies of the additional insured endorsement(s), waivers of subrogation, and any other request documents, dated within two weeks of awarding of the contract, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth above. 1.5.2 All certificates will provide for 30 day's written notice to Anoka County prior to the cancellation or material change of any insurance referred to in this Contract. 1.5.3 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. 1.5.4 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. 1.5.5 Failure to maintain the required insurance may result in termination of this Contract at Anoka County option. 1.5.6 If Contractor fails to maintain the insurance as set forth in this requirement, Anoka County shall have right, but not obligation, to purchase said insurance at the Contractor's expense. 1.5.7 Contractor will provide certified copies of all insurance policies required herein within 10 days of Anoka County's written request for said copies. 1.5.8 Cross -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. 1.5.9 Acceptability of Insurers. Anoka County reserves the right to reject any insurance carriers that are rated less than: A.M. Best rating of A: IV. EXH R2 - Pollution - 2019 DocuSign Envelope ID: D19E4E78-3880-4D00-82C1-E1EFF032D665 1.5.10 Deductibles and Self -insured Retention. Any deductibles or self -insured retention must be declared to and approved by the County. At the option of the County, either: the insurer will reduce or eliminate such deductibles or self -insured retention as respects Anoka County, agents, officers, directors, and employees; or Contractor will procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses; or the Contractor will provide County - requested financial statements for the purpose of verifying financial solvency, and acceptance of deductibles or self -insured retention based on this verification. EXH R2 - Pollution - 2019 DocuSign Envelope ID: D19E4E78-3880-4D00-82C1-E1EFF032D665 Exhibit F Section 3 Clause as set forth in 24 CFR Part 135.38 A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. Any questions regarding Section 3 should be directed to: Renee Sande, Community Development Manager, 763-324-4613 or renee.sande()co.anoka.mn.us. DocuSign Envelope ID: D19E4E78-3880-4D00-82C1-E1EFF032D665 Exhibit G CERTIFICATION OF NON -DEBARMENT Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower-Tier Covered Transactions. Instructions for Certification: 1. By signing and submitting the foregoing Agreement, the prospective lower -tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower -tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower -tier participant shall provide immediate written notice to the person to which this Agreement is submitted if at any time the prospective lower -tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower -tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverages sections of rules implementing Executive Order 12549. You may contact Anoka County Community Development Department for assistance in obtaining a copy of those regulations. 5. The prospective lower -tier participant agrees by signing this Agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower -tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower -tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower-Tier Covered Transaction," without modification, in all lower -tier covered transactions and in all solicitations for lower -tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower -tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9A, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous, A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower -tier covered transaction with a person who is proposed for debarment under 48 C.F.R. 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification: 1. The prospective lower -tier participant certifies, by entering into the foregoing Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower -tier participant is unable to certify any of the statements in this certification, such prospective participant shall provide a written explanation to the Anoka County Community Development Department before commencing any work on the project. DocuSign Certificate Of Completion Envelope Id: D19E4E7838804DO082ClElEFF032D665 Status: Completed Subject: Please DocuSign: Contract C0007329 with Exhibits - Part 2 - CH.pdf Source Envelope: Document Pages: 24 Signatures: 5 Envelope Originator: Certificate Pages: 4 Initials: 0 Linda Hedstrom AutoNav: Enabled Anoka County Government Center Envelopeld Stamping: Enabled 2100 3rd Avenue Time Zone: (UTC-06:00) Central Time (US & Canada) Anoka, MN 55303 Linda.Hedstrom@co.anoka.mn.us IP Address: 156.98.106.253 Record Tracking Status: Original Holder: Linda Hedstrom Location: DocuSign 11/24/2021 11:13:43 AM Linda.Hedstrom@co.anoka.mn.us Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Anoka County Location: DocuSign Signer Events Signature Timestamp Kelli J. Bourgeois E41-5,76OA9B:F�3!2E Sig dby: Sent: 11/24/2021 11:35:15 AM kbourgeois@columbiaheightsmn.gov Viewed: 11/24/2021 11:38:36 AM Cit Mana er Signed: 11/24/2021 11:39:27 AM Y 9 9 City of Columbia Heights Security Level: Email, Account Authentication Signature Adoption: Drawn on Device (Optional) Using IP Address: 50.224.112.130 Electronic Record and Signature Disclosure: Accepted: 11/24/2021 11:38:36 AM ID: d39b2c01-e323-4e87-8a01-1b794a138a5b Karen Skepper ED,ct"Si,n,d by:Sent: 11/24/2021 11:39:31 AM Karen. Skepper@co.anoka.mn. usSLtfrt ' Viewed: 11/24/2021 2:33:21 PM Director of Communit and Government Relations 20CA2A53668E4E3 Signed: 11/24/2021 2:33:31 PM Y 9 Anoka County Signature Adoption: Pre -selected Style Security Level: Email, Account Authentication (Optional) Using IP Address: 156.98.106.233 Electronic Record and Signature Disclosure: Not Offered via DocuSign by:Andrew T. Jackola EDII"Sillld Sent: 11/24/2021 2:33:36 PM andrew.jackola@co.anoka.mn.us Vn,a" I • , a&" Viewed: 11/24/2021 3:52:49 PM Security Level: Email, Account Authentication Dg3Ao5DCCFo742o... Signed: 11/24/2021 3:53:25 PM (Optional) Signature Adoption: Pre -selected Style Using IP Address: 156.98.105.52 Electronic Record and Signature Disclosure: Accepted: 11/24/2021 3:52:49 PM ID:40852eff-e48f-43ec-b462-577e2283cbcc In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Aaron Chirpich achirpich@columbiaheightsmn.gov Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Glenna Anderson glen na.anderson@co.anoka.mn.us Legal Assistant -Civil Division Anoka County Attorney's Office Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Accepted: 6/3/2021 4:37:13 PM ID: 3cf126f1-a403-4704-aac1-1 a7a4d625e67 Status COPIED COPIED Sheila Roseth PI E D Sheila. Roseth@co.anoka.mn. us Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Timestamp Sent: 11/24/2021 3:53:29 PM Sent: 11/24/2021 3:53:30 PM Sent: 11/24/2021 3:53:31 PM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 11/24/2021 11:35:15 AM Certified Delivered Security Checked 11/24/2021 3:52:49 PM Signing Complete Security Checked 11/24/2021 3:53:25 PM Completed Security Checked 11/24/2021 3:53:31 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 11/25/2020 7:06:28 AM Parties agreed to: Kelli J. Bourgeois, Andrew T. Jackola, Glenna Anderson ELECTRONIC RECORD AND SIGNATURE DISCLOSURE The following information constitutes Anoka County's (we, us or Company) written notices or disclosures relating to your use of DocuSign in relation to Anoka County's license. Described below are the terms and conditions for providing notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (30 days) after the documents are first sent to you. At any time, if you request paper copies of any documents, you may be charged a fee. You may request paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices, disclosures and documents from us electronically, you may change your mind and tell us that going forward you want to receive documents only in paper format. Please note, processing time will be slowed down dramatically as we will be required to print and send the document through the mail and await your return of the documents. The process to change the method of receipt is described below. All notices and disclosures will be sent to you electronically Upon your acceptance to receive electronic notifications, all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you will be provided electronically through the DocuSign system. All of the required documents will be provided to you at the address that you have given us. How to contact Anoka County: You may change your preferred method of contact whether electronically, or paper copies, or change your email address. You may also request paper copies of certain information from us, or withdraw your prior consent to receive documents. Please use the contact information below for your request and in the body of your correspondence, identify your desired action. If you are changing an email address, please include your prior email address as well as your new address. If you no longer wish to receive future documents in electronic format, please include that request in the body of your email. Email: helpdesk@co.anoka.mn.us Phone: (763)-324-4110 Address: Anoka County Government Center Attn: Information Technology, 4300 2100 3rd Avenue Anoka, MN 55303 Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https:Hsupport.docusign.com/fzuides/sifzner-guide- signing_-system-requirements. ACKNOWLEDGEMENT To confirm your access to the electronic notices and disclosures, which will be similar to other electronic notices and disclosures that we may provide to you, please acknowledge that you have read this ERSD by selecting the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check -box next to `I agree to use electronic records and signatures', you confirm that: You can access and read this Electronic Record and Signature Disclosure; and You can print this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify Anoka County as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Anoka County during the course of your relationship with Anoka County.