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;
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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.
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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
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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.
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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;
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(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.
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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).
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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,
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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.
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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
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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.
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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.
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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.
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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:
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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
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If you decide to receive notices, disclosures and documents from us electronically, you may
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format. Please note, processing time will be slowed down dramatically as we will be required to
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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
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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.