HomeMy WebLinkAbout2023-4171Certificate Of Completion
Envelope Id: 3BEFF5E5131740C1979862D40B901389 Status: Completed
Subject: Complete with DocuSign: C0010090 Columbia Heights 0020 ARPA Predevelopment Activities Grant Agr...
Source Envelope:
Document Pages: 29 Signatures: 3 Envelope Originator:
Certificate Pages: 4 Initials: 0 Brenda Vetter
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Anoka County Government Center
2100 3rd Avenue
Anoka, MN 55303
Brenda.Vetter@co.anoka.mn.us
IP Address: 156.98.106.253
Record Tracking
Status: Original
8/28/2023 12:54:33 PM
Holder: Brenda Vetter
Brenda.Vetter@co.anoka.mn.us
Location: DocuSign
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Aaron Chirpich
achirpich@columbiaheightsmn.gov
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Sent: 8/28/2023 1:00:38 PM
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Signed: 8/31/2023 2:52:04 PM
Electronic Record and Signature Disclosure:
Accepted: 8/31/2023 2:51:40 PM
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Rhonda Sivarajah
Rhonda.Sivarajah@co.anoka.mn.us
County Administrator
Anoka County
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Christine Carney
Christine.Carney@co.anoka.mn.us
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Sent: 8/31/2023 3:09:41 PM
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CONTRACT #2023-4171
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Gregory Frahm-Gilles
Gregory.Frahm-Gilles@co.anoka.mn.us
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Sent: 9/1/2023 9:32:43 AM
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Ebonique Buries
Ebonique.Buries@co.anoka.mn.us
Legal Assistant
Anoka County
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Sent: 9/1/2023 9:32:44 AM
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Accepted: 1/30/2023 8:41:47 AM
ID: 61c39c1b-4b01-4024-8d9a-6e910a8e22e9
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Signing Complete Security Checked 9/1/2023 9:32:41 AM
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Electronic Record and Signature Disclosure
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Electronic Record and Signature Disclosure created on: 11/25/2020 7:06:28 AM
Parties agreed to: Aaron Chirpich, Ebonique Buries
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County.
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Contract: C0010090
AMERICAN RESCUE PLAN ACT (ARPA)
SUBRECIPIENT AGREEMENT
between
THE COUNTY OF ANOKA
AND
CITY OF COLUMBIA HEIGHTS
This Subrecipient Agreement (hereinafter referred to as the “Agreement”) is entered into as of the last date
executed below, between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Ave.,
Anoka, MN 55303 (hereinafter referred to as the "County"), and City of Columbia Heights, MN, 3989 Central Avenue
NE, Columbia Heights, MN 55421, (hereinafter referred to as the "Agency"):
RECITALS
A. The County of Anoka is a Grantee of certain federal funds under the American Rescue Plan Act (ARPA),
Public Law 117-2, signed into law on March 11, 2021, and all implementing rules and regulations applicable
to the Coronavirus State Fiscal Recovery Fund (CSFRF) and the Coronavirus Local Fiscal Recovery Fund
(CLFRF), CFDA number 21.027, established under ARPA.
B. On March 11, 2021, the Anoka County Board of Commissioners approved an allocation of certain ARPA
grant funds for eligible “government services”, as defined by U. S. Treasury, which the county in turn has
authority to pass through to eligible subrecipients consistent with guidance promulgated by the U.S.
Department of Treasury.
C. In spring 2023, Anoka County announced its Anoka County Regional Economic Development (ACRED)
Pre-Development Grant Program to increase knowledge of specific high priority development sites around
the County and to reduce development barriers. The ACRED Pre-Development Grant Program instructions
and application are incorporated by reference and made part of this Subrecipient Agreement.
D. The Agency has made an application for an award through the County and has been selected for funding
in accordance with the terms of this Agreement.
E. The parties acknowledge the intended outcome of this subrecipient program under ARPA is to promote
economic development activity in Anoka County.
F. The County will reimburse Agency for eligible expenses for services performed by the Agency as described
within this Agreement, the Agency’s approved application, and as authorized by County for the purpose of
implementing predevelopment activities under APRA and the accompanying federal regulations.
G. The attached exhibits as listed below are hereby incorporated in this Agreement and made a part hereof:
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PART I. GENERAL CONDITIONS
PART II. FEDERAL AND LOCAL PROGRAM APPLICATION AND REQUIREMENTS
PART III. EVALUATION AND RECORD KEEPING
Exhibit A Disbursement Request form
Exhibit B Required Federal Clauses for Subcontractors
Appendices:
Appendix A Byrd Anti-Lobbying Certification
Appendix B Debarment/Suspension Certification
Appendix C Certification of Non-Conflict of Interest
Appendix D Socioeconomic Report Form
The remainder of this page intentionally left blank
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PART I. GENERAL CONDITIONS
1. SCOPE OF AGREEMENT
a. ARPA funds available to the Agency through this Agreement constitute a subaward of the
Grantee’s Federal award under the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, 2 CFR part 200. This Agreement includes terms and
conditions of the Grantee’s Federal award that are imposed on the Agency, and the Agency
agrees to carry out its obligations in compliance with all of the obligations described in this
Agreement.
b. The Agreement between the parties shall consist of the application, 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; disbursement
form with outcome and reporting data, 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 th e
Agreement and all Exhibits/Appendices 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. INCORPORATION OF RECITALS, EXHIBITS
The Recitals set forth in this Agreement, and all Exhibits and appendices attached are hereby
incorporated by reference as if set forth in full in the body of this Agreement. All references hereafter to
the “Agreement” shall refer collectively to the all contract documents, including those incorporated by
reference.
4. COMMENCEMENT AND TERMINATION OF PROJECTS
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 requirements.
The termination date may be changed through amendment of this Agreement.
5. ADMINISTRATION
a. The Agency shall appoint a liaison person who shall be responsible for overall administration of
ARPA grant funded project(s) and coordination with the County. The Agency shall also
designate one or more representatives who shall be authoriz ed to sign the Disbursement
Request Form. The name of the authorized representative shall be specified in Exhibit A.
6. COMPENSATION AND METHOD OF PAYMENT
a. The County shall reimburse the Agency for the services specified in the exhibits in an amount
specified by the grant award and set forth in Exhibit A. Reimbursement requests shall be
submitted on a Disbursement Request Form, signed by the Agency's authorized representative
and must include all required supporting documentation for outcome data and reports consistent
with the federal funding requirements.
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
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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.
c. For the 2023 grant cycle, the County requires 2023 Agency reimbursement requests be
submitted no later than December 15, 2023. Any funds committed but not spent by the end
of this Agreement’s term may be reallocated by the County.
7. OPERATING BUDGET
The Agency shall apply the funds received from the County under this Agreement in accordance with
its application for grant funds, the requirements of this Agreement, and the Exhibits attached hereto.
8. MODIFICATIONS / 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 only be valid if 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.
9. ASSIGNMENT AND SUBCONTRACTING
a. The Agency shall not assign any portion of this Agreement without the written consent of the
County.
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 contractors and subcontractors
and of their employees and agents, as it is for the acts and omissions of its own employees and
agents.
c. Agency must include required federal clauses in any subcontracts or lower tier
contracts using federal funds, in such form as contained in the application and set
forth in Exhibit B.
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 contractors/subcontractors, entities, or persons 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
If the Agency hires contractors/subcontractors for any work under this Agreement, the County of Anoka,
including all its elected and appointed officials, all its employees and volunteers, all its boards,
commissions and/or authorities and their board members, employees, and volunteers, and all its
officers, agents, and consultants, must be named as Additio nal Insured on any Commercial General
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Liability policies with respect to any contractor’s or subcontractor’s work and services performed for the
Agency.
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 proceed s 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 an Appendix to this Agreement,
and will incorporate into every subcontract required to be in writing and made pursuant to this
Agreement the following provisions:
The Contractor covenants that no person who presently exercises any functions or
responsibilities in connection with the Block Grant Program has any personal financial
interest, direct or indirect, in this Contract. The Contractor further covenants that he /she
presently has no interest and shall not acquire any interest, direct or indirect, which would
conflict in any manner or degree with the performance of his services hereunder. The
Contractor further covenants that in the performance of this Contract no person having an y
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 pu rposes 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. Termination for Cause. This Agreement is subject to termination upon thirty (30) days written
notice by the County should.
(1) The Agency mismanage or make improper or unlawful use of Agreement funds;
(2) The Agency fail to comply with the terms and conditions expressed herein or the
applicable regulations and directives of the Federal Government, State, or County;
(3) The Agency fail to provide work or services expressed by this Agreement; or
(4) The Agency fail to submit reports or submit incomplete or inaccurate reports in any
material respect.
b. Termination for Convenience. The County may terminate this contract, in whole or in part, at
any time by written notice to the Agency when it is in the Government's be st interest. The
Agency shall be paid its costs, including contract close-out costs, and profit on work performed
up to the time of termination. The Agency shall promptly submit its termination claim to County
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for the Agency to be paid. If the Agency has any property in its possession belonging to the
County, the Agency will account for the same, and dispose of it in the manner the County
directs.
c. 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 Predevelopment Grant Program or any project of
the Agency.
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 a greement 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 Predevelopment Grant allocation unless/until reallocated by the County or
returned to Treasury.
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.
PART II. FEDERAL AND LOCAL PROGRAM REQUIREMENTS
1. GENERAL REQUIREMENTS
The Agency shall comply with the American Rescue Plan Act (ARPA), Public Law 117-2, signed into law
on March 11, 2021, and all implementing rules and regulations applicable to the Coronavirus State Fiscal
Recovery Fund (CSFRF) and the Coronavirus Local Fiscal Recovery Fund (CLFRF), CFDA number
21.027, established under the American Rescue Plan Act.
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 part 200 as appropriate, relating to bonding, insurance and procurement standards; and with
Executive Order 11246 regarding nondiscrimination bid conditions for projects over Ten Thousand and
no/100 Dollars ($10,000.00). Where federal standards differ from local or state standards, the stricter
standards shall apply. The federal standard of Ten Thousand and no/100 Dollars ($10,000.00) for
competitive bidding shall apply only if the applicable state or local standard for competitive bidding is
less strict than Ten Thousand and no/100 Dollars ($10,000.00).
3. ENVIRONMENTAL REVIEW
a. NEPA Exemption - Pursuant to U.S. Treasury guidance, a National Environmental Policy Act
(NEPA) exemption is in place for the administration of ARPA funds. Agency may still be subject to
NEPA review if it also receives funding from other federal financial assistance programs where no
exemption applies.
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,
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information and assistance as necessary to enable the County to comply with the State
Environmental Policy Act.
4. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government. The Purchaser and Agency acknowledge and agree that,
notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award
of the underlying contract, absent the express written consent by the Federal Government, the Federal
Government is not a party to this contract and shall not be subject to any obligations or liabilities to the
Purchaser, Agency, or any other party (whether or not a party to that contract) pertaining to any matter
resulting from the underlying contract.
The Agency agrees to include the above clause in each subcontract financed in whole or in part with
ARPA federal funding. It is further agreed that the clause shall not be modified, except to identify the
subcontractor who will be subject to its provisions.
5. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS
This is an acknowledgement that FEMA (ARPA) financial assistance will be used to fund all or a portion
of the above-referenced contract. By accepting this contract, the Agency agrees to comply with all
applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. The
federal requirements made part of the underlying contract between Anoka County and Agency
must also be included in any subcontracts or lower tier contracts using federal funds, in such
form as contained in Exhibit B.
6. LOBBYING
The Lobbying requirements mandate the maximum flow down at every contracting tier, pursuant to Byrd
Anti-Lobbying Amendment, 31 U.S.C. § 1352(b)(5).
Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)
Agencies who apply or bid for an award of $100,000 or more shall file the required certification. Each
tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in
connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.
Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in
turn will forward the certification(s) to the awarding agency.
Required Certification. If applicable, Agency must sign and submit to the non-federal entity the
certification attached hereto as an Appendix.
(To be submitted with each contract exceeding $100,000)
7. CLEAN AIR ACT AND WATER POLLUTION CONTROL ACT
Clean Air: The Agency agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Agency agrees to report
each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each
violation as required to assure notification to the appropriate EPA Regional Office.
The Agency also agrees to include these requirements in each subcontract exce eding $100,000
financed in whole or in part with Federal assistance provided to the County under ARPA.
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Federal Water Pollution Control Act:
The Agency agrees to comply with all applicable standards, orders, or regulations issued pursuant to
the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
The Agency agrees to report each violation to the (name of the applicant entering into th e contract) and
understands and agrees that the (name of the applicant entering into the contract) will, in turn, report
each violation as required to assure notification to the Federal Emergency Management Agency, and
the appropriate Environmental Protection Agency Regional Office.
By entering into this agreement, the Agency agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance provided through ARPA.
8. SUSPENSION AND DEBARMENT
a. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As
such, the Agency is required to verify that none of the Agency’s principals (defined at 2 C.F.R. §
180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. §
180.940) or disqualified (defined at 2 C.F.R. § 180.935).
b. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract
that may arise from this offer. The bidder or proposer further agrees to include a provision
requiring such compliance in its lower tier covered transactions.
c. This certification is a material representation of fact relied upon Agency/contractor. If it is later
determined that the Agency did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, in addition to remedies available to the County, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
9. PROCUREMENT OF RECOVERED MATERIALS
In the performance of this contract, the Agency shall make maximum use of products containing
recovered materials that are EPA-designated items unless the product cannot be acquired:
1. Competitively within a timeframe providing for compliance with the contract performance
schedule;
2. Meeting contract performance requirements; or
3. At a reasonable price.
Information about this requirement, along with the list of EPA- designated items, is available at EPA’s
Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-
procurement-guideline-cpg-program.
The Agency also agrees to comply with all other applicable requirements of Section 6002 of the Solid
Waste Disposal Act.
10. DOMESTIC PREFERENCES FOR PROCUREMENTS
a. As appropriate and to the extent consistent with federal law, including 2 C.F.R. § 200.322,
the Agency should, to the greatest extent practicable under a federal award, provide a preference
for the purchase, acquisition, or use of goods, products, or materials produced in the
United States (including but not limited to iron, aluminum, steel, cement, and other manufactured
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products). The requirements of this section must be included in all subawards including
all contracts and purchase orders for work or products under this award.
b. For purposes of this section:
i. “Produced in the United States” means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States.
ii. “Manufactured products” means items and construction materials composed in whole or
in part of non-ferrous metals such as aluminum; plastics and polymer-based products
such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical
fiber; and lumber.
11. SOCIOECONOMIC AFFIRMATIVE STEPS (2 C.F.R. § 200.321)
In the performance of this contract, the Agency must take all necessary affirmative steps to make sure small and
minority businesses, women-owned enterprises, and labor surplus area firms are used when possible (see PDAT
Field Manual for definitions). Affirmative steps must include at least the following six steps:
(1) Placing qualified small and minority businesses and women’s business enterprises on bidding/solicitation
lists;
(2) Assuring that small and minority businesses and women’s business enterprises are solicited whenever they
are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum
participation by small and minority businesses, and women’s business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small
and minority businesses, and women’s business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce; and
(6) Requiring all subcontractors (if subcontracts are permitted) to take the same affirmative steps as listed in
numbers 1 through 5 above.
The Agency and Contractors must complete a Socioeconomic Report Form or otherwise demonstrate
activities relevant to the above affirmative requirements.
12. DHS SEAL, LOGO, AND FLAGS
The Agency shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DH S
agency officials without specific FEMA pre-approval.
13. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
The Agency acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the Agency’s actions pertaining to this contract.
14. CIVIL RIGHTS REQUIREMENTS
The following requirements apply to all underlying contracts. The Agency also agrees to include these
requirements in each subcontract financed in whole or in part with Federal assistance, modified only if necessary
to identify the affected parties.
a) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d,
section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the
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Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, the Agency agrees that it will not
discriminate against any employee or applicant for employment because of race, color, creed, national
origin, sex, age, or disability.
b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended,
29 U.S.C. § 623, the Agency agrees to refrain from discrimination against present and prospective
employees for reason of age.
c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42
U.S.C. § 12112, the Agency agrees that it will comply with the requirements of U.S. Equal
Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions
of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons
with disabilities.
15. BREACHES AND DISPUTE RESOLUTION
a. Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of County.
This decision shall be final and conclusive unless within ten (10) days from the date of receipt
of its copy, the Agency mails or otherwise furnishes a written appeal to the County Purchasing
Manager. In connection with any such appeal, the Agency shall be afforded an opportunity to
be heard and to offer evidence in support of its position. The decision of the County Purchasing
Manager shall be binding upon the Agency and the Agency shall abide be the decision.
b. Performance During Dispute - Unless otherwise directed by County, Agency shall continue
performance under this Contract while matters in dispute are being resolved.
c. Claims for Damages - Should either party to the Contract suffer injury or damage to person or
property because of any act or omission of the party or of any of his employees, agents or
others for whose acts he is legally liable, a claim for damages therefor shall be made in writing
to such other party within a reasonable time after the first observance of such injury of damage.
d. Venue - Unless this contract provides otherwise, all claims, counterclaims, disputes and other
matters in question between the County and the Agency arising out of or relating to this
agreement or its breach will be decided in a court of competent jurisdiction within the State of
Minnesota, County of Anoka.
e. Rights and Remedies - The duties and obligations imposed by the Contract Documents and
the rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. No action or
failure to act by the County, Officers, agents or contractors shall constitute a waiver of any right
or duty afforded any of them under the Contract, nor shall any such action or failure to act
constitute an approval of or acquiescence in any breach thereunder, except as may be
specifically agreed in writing.
16. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert
the following clauses set forth in paragraphs (1), (2), (3), and (4) of this section in full in any contract in an amount in
excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by § 5.5(a) or § 4.6 of part 4 of this title. As used in this
paragraph, the terms laborers and mechanics include watchmen and guards.
(1) Overtime requirements. No Agency or subcontractor contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
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workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay
for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
paragraph (b)(1) of this section the Agency and any subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such Agency and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen
and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each
calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The City of Columbia Heights shall upon its own action
or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by the Agency or subcontractor under any such contract or
any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such Agency or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The Agency or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1)
through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
17. EQUAL EMPLOYMENT OPPORTUNITY
The following equal employment opportunity requirements apply to the underlying contract:
1) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended,29
U.S.C. § 623, the Agency agrees to refrain from discrimination against present and prospective
employees for reason of age.
2) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42
U.S.C. § 12112, the Agency agrees that it will comply with the requirements of U.S. Equal Employment
Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans
with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities.
3) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as
amended, 42 U.S.C. § 2000e, the Agency agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts
60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended
by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders,
regulations, and Federal policies that may in the future affect construct ion activities undertaken in the
course of the Project. The Agency agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their race, color, creed,
national origin, sex, or age. 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, including apprenticeship.
18. HISTORIC PRESERVATION
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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.
19. NONPARTICIPATION IN POLITICAL ACTIVITIES
The Agency shall comply with the provisions of the Hatch Act (5 USC Chapter 15).
20. NON-SUBSTITUTION FOR LOCAL FUNDING
The ARPA 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.
21. 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.
22. PUBLIC INFORMATION
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 Predevelopment
Grant Program.
23. 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.
24. OTHER TERMS AND CONDITIONS OF THE FEDERAL AWARD
A. General Compliance
The Agency shall comply with all applicable provisions of the ARPA, Public Law No. 116-136 that govern
the use of Federal funds available under this Agreement. The Agency shall also comply with all other applicable
Federal, state and local laws, regulations, and policies that govern the use of the ARPA funds in complying with its
obligations under this Agreement, regardless of whether ARPA funds are made available to the Agency on an
advance or reimbursement basis.
B. Duplication of Grant Funds
The Agency shall not carry out any of the activities under this Agreement in a manner that results in a
prohibited duplication of grant awards for the same or similar expenses of any kind. If Grantee determines grant
funds were received for duplicate services/expenses reimbursed by other sources, Agency shall immediately repay
Grantee the amount of grant funds awarded for such duplicate activities.
C. Client Data and Other Sensitive Information
The Agency must comply with 2 CFR §200.303 and take reasonable measures to safeguard protected
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personally identifiable information, as defined in 2 CFR §200.82, and other information the Grantee designates as
sensitive or the Agency considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding
privacy and obligations of confidentiality.
D. Close-Out
The Agency shall closeout its use of the ARPA funds and its obligations under this Agreement by complying
with the closeout procedures provided by Grantee’s Program Administrator. Activities during this close -out period
may include, but are not limited to: making final payments, return of all unused materials, equipment, unspent funds
to the Grantee, and determining the custodianship of records. Any close-out responsibilities of the Agency receiving
federal grant funds shall survive termination of this Agreement.
PART III. EVALUATION, AUDIT, RECORD KEEPING
1. EVALUATION / OUTCOMES
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. (See Exhibit A for Outcome Reporting Requirements)
2. ACCESS TO RECORDS / RIGHT TO AUDIT
a. The following access to records requirements apply to this contract:
(1) The Agency agrees to provide Anoka County, the FEMA (ARPA) Administrator, the Comptroller General
of the United States, or any of their authorized representatives access to any books, documents, papers,
and records of the Agency which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts, and transcriptions.
(2) The Agency agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to
copy excerpts and transcriptions as reasonably needed.
(3) The Agency agrees to provide the FEMA (ARPA) Administration or his/her authorized representatives
access to construction or other work sites pertaining to the work being completed under the contract.
(4) In compliance with the Disaster Recovery Act of 2018, the County of Anoka and the Agency
acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews
by the FEMA or ARPA Administrator or the Comptroller General of the United States.
(5) Access to records and documents with respect to all matters covered by this Agreement shall continue
during the performance of this Agreement and during the period of retention specified in this Part III.
b. Single Audit
The Subrecipient may be audited to verify all or parts of the Subrecipient's Federal awards expended during
the respective performance period upon request by federal, state, or local auditors. As needed,
Subrecipient must allow Grantee’s Program Administrator, Anoka County, State and Federal Auditors, or
any of their authorized representatives (which may include other independent financial analysts)
(collectively, “Auditors”) access to documentation related to this Agreement and the grant. Subrecipient
must allow the Auditors to examine, audit, excerpt, and transcribe any books, documents, papers, records,
or other data, which are pertinent to Subrecipient’s accounting practices and procedures, and involve
transactions relating to this Agreement.
3. MERGER AND SEVERABILITY
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The is the entire Agreement between Grantee and Subrecipient, and it supersedes any oral agreements
and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached
are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement
and referenced or attached items, the terms of this Agreement shall prevail. Only written alterations, variations or
modifications of the provisions of this Agreement will be valid. If any provision of this Agreement is held invalid,
illegal or unenforceable, the remaining provisions will not be affected.
4. SIGNATURES / COUNTERPARTS
Each person executing this Agreement on behalf of a party represents and warrants that such person is duly and
validly authorized to do so on behalf of such party. This Agreement may be executed in counterparts, each of
which will be deemed an original, but all of which taken together constitutes but one and the same instrument.
5. RETENTION OF RECORDS
Records documenting this CDBG funded project shall be retained by the Agency for five (5) years after
completion with all Project 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.
IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below:
COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS
By: ______________________________________ Signature: _______________________________
Rhonda Sivarajah Aaron Chirpich
County Administrator Assistant City Manager
Date: _____________________________________ Date: ___________________________________
APPROVED AS TO FORM:
By: ______________________________________ Signature: _______________________________
Assistant County Attorney
Date: _____________________________________ Title: ____________________________________
Date: ___________________________________
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8/31/20238/31/2023
9/1/2023
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EXHIBIT B
Federal Contract Clauses
The Anoka County Regional Economic Development (ACRED) Grant program involves the use of
federal funds obtained by the County through the American Rescue Plan Act of 2021 (“American Rescue
Plan”, “ARPA”). Therefore, the Applicant (hereinafter “Agency”) and any lower tier contractors must
agree to comply with the American Rescue Plan Act, as amended, as well as the rules of any regulatory
body under the American Rescue Plan Act.
Subject to the applicable requirements of 2 C.F.R. §200.326 and 2 C.F.R., Part 200, Appendix II,
the below Additional Federal Provisions for ACRED Grants are attached and incorporated into, and shall
thereby apply to, the Agency being awarded the grant/contract, as well as all lower tier contracts with
any contractors or subcontractors who may be retained to work on the project. The Agency is
responsible to include the federal provisions in any of its contracts or subcontracts involving the
federal grant funds.
A. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
No Obligation by the Federal Government.
(1) The Agency and Contractor acknowledge and agree that, notwithstanding any concurrence by the
Federal Government in or approval of the solicitation or award of the underlying contract, absent
the express written consent by the Federal Government, the Federal Government is not a party to
this contract and shall not be subject to any obligations or liabilities to the Agency, Contractor, or
any other party (whether or not a party to that contract) pertaining to any matter resulting from
the underlying contract.
(2) The Agency agrees to include the above clause in each subcontract financed in whole or in part
with ARPA federal funding. It is further agreed that the clause shall not be modified, except to
identify the subcontractor who will be subject to its provisions.
B. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS
This is an acknowledgement that ARPA financial assistance will be used to fund all or a portion of the
above-referenced contract. By accepting this contract, the Agency agrees to comply with all applicable
Federal law, regulations, executive orders, U.S. Treasury policies, procedures, and directives.
C. LOBBYING
The Lobbying requirements mandate the maximum flow down at every contracting tier, pursuant to Byrd
Anti-Lobbying Amendment, 31 U.S.C. § 1352(b)(5).
Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)
Agencies and Contractors who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of
Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31
U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the
recipient who in turn will forward the certification(s) to the awarding agency.
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Required Certification. If applicable, Agencies and contractors must sign and submit to the non-federal
entity the certification attached hereto as an Appendix. (To be submitted with any bid or offer exceeding
$100,000)
D. CLEAN AIR ACT AND WATER POLLUTION CONTROL ACT
Clean Air - The Agency agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Agency agrees to report each
violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each
violation as required to assure notification to the appropriate EPA Regional Office.
Grantees must include these requirements in each subcontract exceeding $100,000 financed in whole or in
part with Federal assistance provided to the County under ARPA.
Federal Water Pollution Control Act
The Agency and Contractor agree to comply with all applicable standards, orders, or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
The Agency and Contractor agree to report each violation to the (name of the applicant entering into the
contract) and understands and agrees that the (name of the applicant entering into the contract) will, in
turn, report each violation as required to assure notification to the Federal Emergency Management
Agency, and the appropriate Environmental Protection Agency Regional Office.
The Agency agrees to include these requirements in each subcontract exceeding $150,000 financed in
whole or in part with Federal assistance.
E. SUSPENSION AND DEBARMENT
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such,
the Agency is required to verify that none of the contractor’s principals (defined at 2 C.F.R. §
180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940)
or disqualified (defined at 2 C.F.R. § 180.935).
(2) The Agency agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C while an offer is valid and throughout the period of any contract that may arise
from this offer. The Agency further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
(3) This certification is a material representation of fact relied upon subrecipient/contractor. If it is
later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, in addition to remedies available to the Agency, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
F. PROCUREMENT OF RECOVERED MATERIALS
(1) In the performance of this contract, the Agency and its Contractors shall make maximum use of
products containing recovered materials that are EPA-designated items unless the product cannot
be acquired:
1. Competitively within a timeframe providing for compliance with the contract
performance schedule;
2. Meeting contract performance requirements; or
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3. At a reasonable price.
(2) Information about this requirement, along with the list of EPA- designated items, is available at
EPA’s Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
(3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the
Solid Waste Disposal Act.
G. DOMESTIC PREFERENCES FOR PROCUREMENTS
(1) As appropriate and to the extent consistent with federal law, including 2 C.F.R. § 200.322,
the Agency and Contractor should, to the greatest extent practicable under a federal award,
provide a preference for the purchase, acquisition, or use of goods, products, or materials
produced in the United States (including but not limited to iron, aluminum, steel, cement, and
other manufactured products). The requirements of this section must be included in
all subawards including all contracts and purchase orders for work or products under this award.
(2) For purposes of this section:
(a) “Produced in the United States” means, for iron and steel products, that all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the United
States.
(b) “Manufactured products” means items and construction materials composed in whole or in
part of non-ferrous metals such as aluminum; plastics and polymer-based products such as
polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
H. SOCIOECONOMIC AFFIRMATIVE STEPS (2 C.F.R. § 200.321)
In the performance of this contract, the Agency and Contractor must take all necessary affirmative steps
to make sure small and minority businesses, women-owned enterprises, and labor surplus area firms are
used when possible (see PDAT Field Manual for definitions). Affirmative steps must include at least the
following six steps:
(1) Placing qualified small and minority businesses and women’s business enterprises on
bidding/solicitation lists;
(2) Assuring that small and minority businesses and women’s business enterprises are
solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and
women’s business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women’s business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the
Department of Commerce; and
(6) Requiring all subcontractors (if subcontracts are permitted) to take the same
affirmative steps as listed in numbers 1 through 5 above.
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I. ACCESS TO RECORDS.
The following access to records requirements apply to this contract:
(1) The Agency and Contractor agree to provide Anoka County, the FEMA (ARPA) Administrator, the
Comptroller General of the United States, or any of their authorized representatives access to any
books, documents, papers, and records of the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts, and transcriptions.
(2) The Agency and Contractor agree to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The Agency and Contractor agree to provide the FEMA (ARPA) Administration or his/her authorized
representatives access to construction or other work sites pertaining to the work being completed
under the contract.
(4) In compliance with the Disaster Recovery Act of 2018, the County of Anoka, Agency and its
Contractor must acknowledge and agree that no language in this contract is intended to prohibit
audits or internal reviews by the FEMA or ARPA Administrator or the Comptroller General of the
United States.
J. DHS SEAL, LOGO, AND FLAGS
The Agency and Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or
likenesses of DHS agency officials without specific FEMA pre-approval.
K. MODIFICATIONS / CHANGES
Any material alterations, modifications or variations of the terms of this Agreement shall be valid and
enforceable only when they have been reduced to writing as an amendment and signed by the parties.
L. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
The Agency and Contractor acknowledge that 31 U.S.C. Chap. 38 (Administrative Remedies for False
Claims and Statements) applies to the Contractor’s actions pertaining to this contract.
M. CIVIL RIGHTS REQUIREMENTS
The following requirements apply to all underlying contracts. The Agency and Contractor also agree to
include these requirements in each subcontract financed in whole or in part with Federal assistance,
modified only if necessary to identify the affected parties.
Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d,
section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the
Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, the Agency and Contractor agree that it will
not discriminate against any employee or applicant for employment because of race, color, creed,
national origin, sex, age, or disability.
• Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. § 623, the Agency and Contractor agree to refrain from discrimination
against present and prospective employees for reason of age.
• Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended,
42 U.S.C. § 12112, the Agency and Contractor agree that it will comply with the requirements
of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal
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Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining
to employment of persons with disabilities.
N. BREACHES AND DISPUTE RESOLUTION
Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of
the parties shall be decided in writing by the authorized representative of County or Agency. This
decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the
Contractor mails or otherwise furnishes a written appeal to the Agency. In connection with any such
appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its
position. The decision of the Agency’s governing body shall be binding upon the Contractor and the
Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by Agency, Contractor shall continue
performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person or property
because of any act or omission of the party or of any of his employees, agents or others for whose acts he
is legally liable, a claim for damages therefor shall be made in writing to such other party within a
reasonable time after the first observance of such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters
in question between the Agency and the Contractor arising out of or relating to this agreement or its
breach will be decided in a court of competent jurisdiction within the State of Minnesota, County of
Anoka.
Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and
remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights
and remedies otherwise imposed or available by law. No action or failure to act by the Agency, County, its
Officers, agents or contractors shall constitute a waiver of any right or duty afforded any of them under
the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any
breach thereunder, except as may be specifically agreed in writing.
O. TERMINATION
Termination for Convenience. The Agency may terminate this contract, in whole or in part, at any time by
written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid
its costs, including contract close-out costs, and profit on work performed up to the time of termination.
The Contractor shall promptly submit its termination claim to County to be paid the Contractor. If the
Contractor has any property in its possession belonging to the County, the Contractor will account for the
same, and dispose of it in the manner the County directs.
Termination for Cause. If the Contractor does not deliver supplies in accordance with the contract
delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called
for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the
Agency may terminate this contract for default. Termination shall be effected by serving a notice of
termination on the contractor setting forth the manner in which the Contractor is in default. The
contractor will only be paid the contract price for supplies delivered and accepted, If it is later determined
by the Agency that the Contractor had an excusable reason for not performing, such as a strike, fire, or
flood, events which are not the fault of or are beyond the control of the Contractor, the Agency, after
setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat
the termination as a termination for convenience.
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Opportunity to Cure. The Agency in its sole discretion may, in the case of a termination for breach or
default, allow the Contractor a reasonable period of time not to exceed ten (10) days, in which to cure the
defect. In such case, the notice of termination will state the time period in which cure is permitted and
other appropriate conditions If Contractor fails to remedy to Agency's satisfaction the breach or default of
any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by Contractor
of written notice from County setting forth the nature of said breach or default, County shall have the
right to terminate the Contract without any further obligation to Contractor. Any such termination for
default shall not in any way operate to preclude Agency from also pursuing all available remedies against
Contractor and its sureties for said breach or default.
P. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting
officer to insert the following clauses set forth in paragraphs (1), (2), (3), and (4) of this section in full in
any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract
Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required
by § 5.5(a) or § 4.6 of part 4 of this title. As used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times the basic rate of pay for
all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to each individual laborer
or mechanic, including watchmen and guards, employed in violation of the clause set forth in
paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual
was required or permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in paragraph (1) of this
section.
(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal
agency or the loan or grant recipient) shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the contractor or subcontractor under
any such contract or any other Federal contract with the same prime contractor, or any other
federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which
is held by the same prime contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors
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to include these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor with the clauses
set forth in paragraphs (1) through (4) of this section.
Q. EQUAL EMPLOYMENT OPPORTUNITY
The following equal employment opportunity requirements apply to the underlying contract:
1) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended,29 U.S.C. § 623, the Contractor agrees to refrain from discrimination against present and
prospective employees for reason of age.
2) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42
U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal
Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions
of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with
disabilities.
3) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as
amended, 42 U.S.C. § 2000e, the Contractor agrees to comply with all applicable equal employment
opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts
60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as
amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes,
executive orders, regulations, and Federal policies that may in the future affect construction activities
undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure
that applicants are employed, and that employees are treated during employment, without regard to
their race, color, creed, national origin, sex, or age. 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,
including apprenticeship.
R. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES
OR EQUIPMENT. (§ 200.216)
(a) Recipients and sub recipients are prohibited from obligating or expending loan or grant funds to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or
(3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or
systems that uses covered telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system. As described in Public Law
115-232, section 889, covered telecommunications equipment is telecommunications equipment
produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such
entities).
(i) For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou
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Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using such
equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided
by an entity that the Secretary of Defense, in consultation with the Director of the National
Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an
entity owned or controlled by, or otherwise connected to, the government of a covered foreign
country.
(b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph
(1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize
available funding and technical support to assist affected businesses, institutions and organizations as
is reasonably necessary for those affected entities to transition from covered communications
equipment and services, to procure replacement equipment and services, and to ensure that
communications service to users and customers is sustained.
S. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT.
If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the
County or the Contractor wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the County or the Contractor shall
comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any
implementing regulations issued by the awarding agency.
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APPENDIX A
Byrd Anti-Lobbying Certification
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal 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 an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
making lobbying contacts to 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 its instructions
[as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg.
1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with
Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601,
et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995).
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.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or
fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such expenditure or failure.]
The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions
of 31
U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
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APPENDIX B
CERTIFICATION OF PRIMARY PARTICIPANT
REGARDING DEBARMENT, SUSPENSION, AND
OTHER RESPONSIBILITY MATTERS
The undersigned Contractor the best of its knowledge and belief, that it and its principals:
1) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or
agency;
2) Have not within a three-year period preceding this proposal been convicted of or had
a civil judgment against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal,
State or Local) transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property;
3) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or Local) with commission of any of the offenses
enumerated in paragraph (2) or this certification; and
4) Have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, State or Local) terminated for cause or default.
If the primary participant (applicant for an FTA grant or cooperative agreement, or potential
third party contractor) is unable to certify to any of the statements in this certification, the
participant shall attach an explanation of this certification.
The undersigned Contractor certifies or affirms the truthfulness and accuracy of the
contents of the statements submitted on or with this certification and understands that the
provisions of 31 U.S.C. Sections 3801 et seq, are applicable thereto.
Signature and Title of Authorized Official
The undersigned hereby certifies that he/she has authority under State and local law to
comply with the subject assurances and that the certification above has been legally made.
Signature of Applicant’s Attorney
Date:
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APPENDIX C
NON-COLLUSION DECLARATION
The following Non-Collusion Declaration shall be executed by the bidder:
County of Anoka )
)
State of Minnesota )
I, , do state under penalty
(name of person signing this declaration)
of perjury under 28 U.S.C. 1746 of the laws of the United States:
(1) that I am the authorized representative of
(name of person, partnership, or corporation submitting this proposal)
and that I have the authority to make this declaration for and on behalf of said bidder;
(2) that, in connection with this proposal, the said bidder has not either directly or indirectly
entered into any agreement, participated in any collusion, or otherwise taken any action in
restraint of free competitive bidding;
(3) that, to the best of my knowledge and belief, the contents of this proposal have not been
communicated by the bidder or by any of his/her employees or agents to any person who is not an
employee or agent of the bidder or of the surety on any bond furnished with the proposal and will
not be communicated to any person who is not an employee or agent of the bidder or of said
surety prior to the official opening of the proposal, and
(4) that I have fully informed myself regarding the accuracy of the statements made
in this declaration.
Signed: _
(bidder or authorized representative)
Dated:
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APPENDIX D
SOCIOECONOMIC REPORT FORM
In the performance of this federally-funded contract, Contractors must take all necessary
affirmative steps to make sure small and minority businesses, women-owned enterprises, and labor
surplus area firms are used when possible (see PDAT Field Manual for definitions).
Project Description:
Contractor Name:
Authorized Contact Person:
Email:
Telephone:
Affirmative steps must include at least the following activities listed below. In completing this form,
Contractors must also certify that all subcontractors (if subcontracts are permitted) were required to take
the same affirmative steps as listed in numbers 1 through 5 below.
Please answer all questions and attach compliance data as available. This completed form and signed
certification must be returned to Anoka County Purchasing prior to close of the project.
(1) What efforts did you make to place qualified small and minority businesses and women’s business
enterprises on bidding/solicitation lists?
(2) How does your company assure that small and minority businesses and women’s business
enterprises are solicited whenever they are potential sources?
(3) Please describe how total requirements were divided (when economically feasible) into smaller tasks
or quantities to permit maximum participation by small and minority businesses, and women’s
business enterprises.
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(4) Explain how you established delivery schedules, where applicable, which encouraged participation
by small and minority businesses, and women’s business enterprises.
(5) Did your company use the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development Agency of the
Department of Commerce? Explain.
□ By checking the box, I certify that all subcontractors retained for this project (if subcontracts are
permitted) were notified and required to take the same affirmative steps as listed in numbers 1 through 5
above.
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