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HomeMy WebLinkAboutRVA C02-323 NWCCOGMEMORANDUM OF AGREEMENT RELATING TO THE FUNDING OF ROOFING WORK AT THE RIVERVIEW APARTMENTS This agreement is made this 30th day of October , 2002, between the Northwest Colorado Council of Governments ("NWCCOG") and the Eagle Riverview Affordable Housing Corporation ("Corporation"), a not for profit corporation, acting through its Board of Directors. A. Corporation is the owner of the Riverview Apartment Complex, a Section 8 subsidized affordable housing complex. B. The NWCCOG has received a grant for $27,720 from the United States Department of Agriculture, Rural Development, for roofing work at the Riverview Apartments ("Apartments"). C. The grant is controlled by a Housing Preservation Grant Agreement between the United States Department of Agriculture and the NWCCOG, which is attached along with related documents. D. Both the NWCCOG and Corporation wish to have the roofing work carried out at the Apartments under the terms and conditions herein set forth. In consideration of mutual promises set forth in this Memorandum of Agreement, the sufficiency of which is hereby acknowledged, it is agreed by and between the parties as follows: Section I DUTIES OF THE NWCCOG 1.1 The NWCCOG will pass through $26,415 of the grant to the Corporation for the purpose of making roof repairs, so long as Corporation is in compliance with the terms and conditions of the Housing Preservation Grant Agreement. The pass through process will consist of the Corporation preparing the initial paperwork requesting payment, and then sending it to the NWCCOG for its review, addition of the NWCCOG's administrative costs, and sign off. The NWCCOG will then forward the paperwork to the United Stated Department of Agriculture, which will subsequently send payments to NWCCOG. As the NWCCOG receives such payments, it will deduct the portion for its administrative costs and forward the remainder of the payments to the Corporation. 1.2 The NWCCOG will retain $1,305 of the grant to cover its administrative costs associated with the grant, including having the grant be audited as a separate program under the NWCCOG's annual agency -wide audit. Section 2 DUTIES OF CORPORATION 2.1 Corporation will be responsible for the hiring, administration and supervision of contractors to complete the needed roofing work at the Apartments. 2.2 Corporation agrees to be bound by all applicable provisions of the Housing Preservation Grant Agreement as if it were the Grantee identified therein. 2.3 Corporation agrees to use the funds provided by NWCCOG solely for those purposes set forth in the Housing Preservation Grant Agreement. Section 3 MISCELLANEOUS PROVISIONS 3.1 Any amendment to this Memorandum of Agreement must be in writing and signed by both parties. 3.2 In the event that unforseen situations arise in regard to the Housing Preservation Grant, both parties will work together in good faith to resolve such situations. ATTEST: ATTEST: '4.4 1 .0, k I/ NORTHWEST COLORADO COUNCIL OF GOVERNMENTS uthorized Representative Robert Anderson, Vice Chair EAGLE RIVERVIEW AFFORDABLE HOUSING CORPORATION S Q fi3pw Tom . Stone, President M D Instruction 1944-N Exhibit A HOUSING PRESERVATION GRANT AGREEMENT This agreement dated , is between Northwest Colorado Council of Governments (name), P. O. Box 2308. Silverthorne. CO 80498 (address), the grantee, organized and operating under Article XIV. Section 180 of the Colorado Constitution and Sections 29-1-201 (authorizing State statute), and the United States of America acting through the Farmers Home Administration (FmHA). FmHA agrees to grant a sum not to exceed $ 27.720, subject to the terms and conditions of this agreement; provided, however, that the grant funds actually advanced and not needed for grant purposes shall be returned immediately to FmHA. The Housing Preservation Grant (HPG) statement of activities approved by FmHA, is attached, and shall commence within 10 days of the date of execution of this agreement by FmHA and be completed by (date). FmHA may terminate the grant in whole, or in part, at any time before the date of completion, whenever it is determined that the grantee has failed to comply with the conditions of this grant agreement or FmHA regulations related hereto. The grantee may appeal adverse decisions in accordance with FmHA's appeal procedures contained in Subpart B of Part 1900 of this chapter. In consideration of said grant by FmHA to the grantee, to be made pursuant to Section 533 of the Housing Act of 1949, HPG program, the grantee will provide such a program in accordance with the terms of this grant agreement and applicable FmHA regulations. PART A Definitions. 1. "Beginning date" means the date this agreement is executed by FmHA and costs can be incurred. 2. "Ending date" means the date this agreement is scheduled to be completed. It is also the latest date grant funds will be provided under this agreement, without an approved extension. 3. "Disallowed costs" are those charges to a grant which FmHA determines cannot be authorized in accordance with apppplicable Federal cost principles contained in 7 CFR Parts 3015 and 30I6, as appropriate. 4. "Grant closeout" is the process by which the garant operation is concluded at the expiration of the Brant period or following a decision to terminate the grant. (09-01-93) PN 212 RD Instruction 1944-N Exhibit A Page 2 5. "Termination" of the grant means the cancellation of Federal assistance, in whole or in part, at any time before the date of completion. PART B Terms of agreement. FmHA and the grantee agree that: 1. All grant activities shall be limited to those authorized in this subpart. 2. This agreement shall be effective when executed by both parties. 3. The HPG activities approved by FmHA shall commence and be completed by the date indicated above, unless earlier terminated under paragraph B, 18, of this grant agreement, or extended. 4. The grantee shall carry out the HPG activities and processes as described in the approved statement of activities which is made a part of this grant agreement. Grantee will be bound by the activities and processes set forth in the statement of activities and the further conditions set forth in this grant agreement. If the statement of activities is inconsistent witR this grant agreement, then the latter will govern. A change of any activities and.processes must be in writing and must be signed by the approval official. 5. The grantee shall use grant funds only for the purposes and activities approved by FmHA in the HPG budget. Any uses not provided for in the approved budget must be approved in writing by FmHA in advance. 6. If the grantee is a private nonprofit corporation, expenses charged for travel or per diem will not exceed the rates paid to Federal employees or (if lower) an amount authorized by the grantee for similar purposes. If the grantee is a public body, the rates will $e those that are allowable under the -customary practice in -the government of which the_grantee is a _ party; if none are customary, the FirMA rates will be the maximum allowed. RD Instruction 1944-N Exhibit A Page 3 7. Grant funds will not be used for any of the following: (a) To pay obligations incurred before the beginning date or affter the ending date of this agreement; (b) For any entertainment purposes; (c) To pay for any capital assets, the purchase of real estate or vehicles, the improvement or renovation of the grantee's office space, or for the repair or maintenance of privately owned vehicles; �d) Any other purpose specified in § 1944.664 (a) or § 1944.666 b) of this subpart; or ( grant r administrative expenses exceeding 20 percent of the HPG 8. The grant funds shall not be used to substitute for any financial support previously provided and currently available or assured from any other source. 9. The dispersal of grants will be governed as follows: (a) .. In accordance with Treasury Circular 1075 (fourth revision) Part 205, Chapter II of Title 31 of the Code of Federal Regulations, grant funds will be provided by FmHA as cash advances on an as needed basis not to exceed one advance every 30 days. The advance will be made by direct Treasury check to the orantee. In addition, the grantee must submit Standard Form fSF)'272, "Federal Cash Transactions Report," each time an advance of funds is made. This report shall be used by FmHA to monitor cash advances made to the grantee. The financial management system of the recipient organization shall provide for effective control over and accountability for all Federal funds as - stated-rn— --- 7 CFR Parts 3015 and 3016. (09-01-93) PN 212 u 1qr RD Instruction 1944-N Exhibit A Page 4 (b) , Cash advances to the grantee shall be limited to the nunimum amounts needed an$ shall be timed to be in accord only with the actual, immediate cash requirements of the grantee in carrying out the purpose of the planned project. The timing and amount of cash advances shall be as close as administrativel-"ly feasible to the actual disbursements by the grantee for direct program costs (as identified in the grantee's statement of activities andbudget and fund use plan) and proportionate share of any allowabre indirect costs. (c) Grant funds should be promptly refunded to the FmHA and redrawn when needed if the funds are erroneously drawn in excess of immediate disbursement needs. The only exceptions to the requirement for prompt refunding are when the funds involved: (i) Will be disbursed by the recipient organization within 7 calendar days from the date of the fir asury check; or (ii) Are less than $ 10,000 and will be disbursed within 30 calendar days from the date of the Treasury check. (d) Grantee shall provide satisfactory evidence to FmHA that all officers of the grantees organization authorized to receive and/or disburse Federai funds are covered by fidelity bonds in an amount not to exceed the grant amount to protect Fm-HA's interests. 10. The grantee will submit performance, financial and annual reports as indicated in this subpart to the appropriate FmHA o?fice. These reports must be reconciled to the grantees accounting records, especially on the final report. (a) As needed, but not more frequently than once every 30 calendar days, submit an original and two copies of SF-270, "Request for Advance or Reimbursement.,In addition,the grantee must i submit an SF-272, each time an advance of funds s made.___ _ This report shall be used by FmHA to monitor cash advances made to the grantee. 1%Mv RD Instruction 1944-N Exhibit A Page 5 (b) Quarterly reports will be submitted within 15 days, but no later than 45 days after the end of each calendar quarter. An original and one copy of SF-269, Financial Status Re ort, and a quarterly performance report in accordance with § 194.683 of this subpart. em 10, g (total program outlays) of SF-269, should be less any rebates, refunds, or other discounts. (c) Within 90 days. after the termination or ex iration of the grrant agreement, an onginal and two copies of SF-269, and a final performance report which will include a summary of the pro ect s accomplishments, problems, and planned future activities of the grantee for HPG. Final reports may serve as the last quarterly report. (d) FmHA may require performance reports more frequently if deemed necessary. 11. In accordance with Office of Management and Budget (OMB) Circular A-87, "Cost Principles for State and Local Governments (available in any FmHA office), compensation for employees will be considered reasonable to the extent that such compensation is consistent with that paid for similar work in other activities of the State or local government. 12. If the grant exceeds $100,000, cumulative transfers among direct cost budget categories totaling more than 5 percent of the total budget must have prior written approval by FmHA. 13. The results of the program assisted by grant funds may be published by the grantee without ppnor review by FmHA, pprovided that such publications acknowledge the support provideAy funds pursuant to the I'rovisions of Title V of the Housing Act of 1949, as amended, and that ve copies of each such publications are furnished to FmHA. 14. The crrantee certifies that no person or organization has been employee;r retained to solicit or secure this grant for a commission, percentage, brokerage, -or -contingent fee. (09-01-93) PN 212 RD Instruction 1944-N Exhibit A Page 6 15. No person in the United States shall, on the grounds of race, religion, color, sex, familial status, age, national origin, or handicap, be excluded from participating in, be denied the proceeds of, or be subject to discrimination in connection with the use of grant funds. Grantee will comply with the nondiscrimination regulations of FmHA contained in Subpart E of Part 1901 of this chapter. 16. In all hiring or employment made possible by or resulting from this grant, the grantee: (a) Will not discriminate against any employee orapplicant for employment because of race, religion, color, sex, familial status, age, national origin, or handicap, and Will take affirmative action to insure that employees are treated during employment without regard to their race, religion, familial color, sex, status, age, national origin. or handicap. This requirement shall apply to, 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. (c In the event grantee signs a contract related to this grant wLh would be covered by any Executive Order, law, or regulation prohibiting discrimination, grantee shall include in the contract the "Equal Employment Clau" as specified by Form RD 400-1, "Equal Qporturuty Agreement. 17. The grantee accepts responsibility, for accomplishing the HPG program as submitted and included in its preapplication, application, including its statement of activities. The grantee shall also: (a) Endeavor to coordinate and provide liaison with State and local housing organizations, where they exist. (b) Provide continuing information to FmHA on the status of grantee HPG programs, projects, related activities, and problems. RD Instruction 1944-N Exhibit A Page 7 (c) InForm RD as soon as the following types of conditions become known: (i) Problems, delays; or adverse conditions which materially affect the ability to attain program objectives, prevent the meeting of time schedules or goals, or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated, new time schedules required and any FmHA assistance needed to resolve the situation. (ii) Favorable developments or events which enable meeting time schedules and goals sooner than anticipated or producing more work units than originally projected. 18. The grant closeout and termination procedures will be as follows: (a) Promptly after the date of completion or a decision to terminate a grant, grant closeout actions are to be taken to allow the orderly discontinuation of grantee activity- uincommitted balance ofThgrantee lgrant unds.y refund to FmHA any (ii) The grantee will furnish to FmHA within 90 calendar days after the date of completion of the grant, SF- 269 and all Financial, performance, and other reports required as a condition of the grant, including a final audit report, as required by 7 CFR marts 3015 and 3016. (iii) The grantee shall account for any property acquired with HPG grant funds or otherwise received from. FmHA. (iv) After the grant closeout FmHA retains the right to -recover any disalFowed costs -which may discovered as a result of an audit. (09-01-93) PN 212 RD Instruction 1944-N Exhibit A Page 8 b) When there is reasonable evidence that the grantee has ailed to comply with the terms of this grant agreement, the State Director can, on reasonable notice, suspend the ant pending corrective action or terminate the grant in accordance with P ara aph B, 18 (c) of this grant agreement. In such instances, = may reimburse the grantee for eligible costs incurred prior to the effective date of the suspension or termination and may allow all necessary and proper costs which the grantee could not reasonably avoid. FmIfA will withhold further advances and grantees are prohibited from further use of grant funds, pending corrective action. (c) Grant termination will be based on the following: (i) Termination for cause. This grant may be terminated in whole, or in art, at any time before the date of completion, whenever FmHA determines that the grantee has failed to comply with the terms of this agreement. The reasons for termination may include, but are not limited to, such problems as: (A) Failure to make reasonable and satisfactory progress in attaining grant objectives. (B) Failure of grantee to use grant funds only for authorized purposes. (C) Failure of grantee to submit adequate and timely reports of its operation. (D) Violation of any of the provisions of any laws administered by FmHA or any regulation issued thereunder. (E) Violation of any nondiscrimination or__e�qqual opportunity requirement administered- by FmH� -in- - - - connection with any FmHA programs. (F) Failure to maintain an accounting system acceptable to FmHA. RD Instruction 1944-N Exhibit A Page 9 (ii) Termination for convenience. FmHA or the grantee may, terminate the grant in whole, or in part, when both parties agree that tfie continuation of the project would not produce &neficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in case of partial termination, the portion to be terminated. (d) FmHA shall notify the grantee in writing of the determination and the reasons for and the eTfective date of tie suspension or termination. Except for termination for convenience, grantees have the opportunity to appeal a suspension or termination under FmHA's appeal procedure, Subpart B of Part 1900 of this chapter. 19. Upon any default under its representatives or agreements set forth in this instrument, the grantee, at the option and demand of FmHA, will, to the extent legally permissible, repay to FmHA forthwith the grant funds received with interest at the rate of 5 percent per annum from the date of the default. The provisions of this grant agreement may be enforced by FmHA, at its options and without regard to prior waivers by it or previous defaults of the grantee. by judicial proceedings to require specific performance of the terms of this grant agreement or 6y such other proceedings in law or equity, in either Federal or State courts, as ma be dm deemed necessary by FHA to assure comppliance with the provisions of this grant agreement and the laws and regurations under which this grant is made. 20. Extension of this grant agreement, modifications of the statement of activities, or changes in the grantee's budget may be approved by FmHA provided, in FaW.'s opinion, the extension or modification is justified and there is a likelihood that the grantee can accomplish the goals set out and approved in the statement of activities during the period of the extension and/or modifications as specified in § f944.684 of this subpart. (09-01-93) PN 212 .*Md J RD Instruction 1944-N Exhibit A Page 10 PART C Grantee agrees: 1. To comply with property management standards for expendable and nonexpendabie personal property established by 7 CFR Parts 3015 and 3016. ?. To provide a financial management system which will include: (a) Accurate, current, and complete disclosure of the financial results of each grant. Financial reporting will be on a cash basis. The financial management system shall include a tracking system to insure that all program income, including loan repayments, are used properly. (b) Records which identify adequately the source and application of funds for grant -supported activities. Those records shall contain information pertaining to grant awards and authorizations, obligations, unoblibtW6alances, assets, liabilities, outlays, and income. (c) Effecting control over and accountability for all funds, property, and ot`fier assets. Grantee shall adequately safeguard all such assets and shall assure that they are solely for authorized purposes. (d) Accounting records supported by source documentation. 3. To retain financial records, supporting documents, statistical records, and all other records pertinent to the grant for a period of at least 3 years after the submission of the final performance report in accordance with paragraph B 10 (c) of this grant agreement, except in tie following situations: (a) If any litigation, claim,, audit, or investigation is -- - commencedbefore_the-exppiration of the 3-year period, the records shall be retained until all Iitigations, claims, audit, or investigative findings involving the recor(is have been resolved. (b) Records for nonexpendable property acquired by FmHA, the 3-year retention requirement is not app icable. RD Instruction 1944-N Exhibit A Page 11 (c) When records are transferred to or maintained by FmHA, thhe 3-year retention requirement is not applicable. d) Microfilm copies may be substituted in lieu of original records. FmHA and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, pa ers, and records of the grantee which are pertinent to the specific grant program for the purpose of making audits, examinations, excerpts, and transcripts. 4. To provide information as requested by, FmHA concerning the grantee's actions in soliciting citizen participation in the applications process, including published notices of public meetings, actual public meetings held, and content of written comments received. 5. Not to encumber, transfer, or dispose of the property or any art thereof, furnished by FmHA or acquired wholly or in part with HPG funds without the written consent of FmHA. G. To provide FmHA with such periodic reports of grantee operations as may be required by authorized representatives of Fm14A. 7. To execute Form RD 400-1, and to execute any other agreements required by FmHA to implement the civil rights requirements. 8. To include in all contracts in excess of $100,000, a provision for compliance with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, 42 U.S.C. 1875C-9, as amended. Violations shall be reported to FmHA and the Regional Office of the Environmental Protection Agency. 9. -That no member of Congress shall be admitted to any share or part of this grant or any benefit that may arise therefrom, but this provision shall not be construed to bar as a contractor under the grant a public -held corporation whose ownership might include a member of Congress. (09-01-93) PN 212 RD Instruction 1944-N Exhibit A Page 12 10. That all noncontidential information resulting from its activities shall be made available to the general public on an equal basis. 11. That the purpose for which this grant is made may complement, but shall not duplicate programs for which monies have been received, are committed, or are applied Tor from other sources, public and private. 12. That the grantee shall relinquish any and all copyrights and/or rivileges to the materials develo ed under this grant, such material being p the sole property of the Federal Government. In the event anything developed under this grant is published in whole or in part, the material shall contain a notice and be identified by language to the following effect: The material is the result of tax -supported research and as such is not copyrightable. It may be freely reprinted with the customary crediting of the source. 13. That the Qrantee shall abide by the policies promulgated in 7 CFR Parts 3015 or 3016, as applicable, which provides standards for use by grantees in establishing procedures for the procurement of supplies, equipment, and other services with Federal grant funds. 14. That it is understood and agreed that anv assistance granted under this grant agreement will be -administered subject to the linutations of Title V of the Housing Act of 1949, as amended, 42 U.S.0 1471, et. seq., and related regulations, and that all rights granted to FmHA herein or elsewhere may be exercised by it in its sole discretion to carry our the purposes of the assistance, and protect FmHA's financial interest. 15. That the grantee will adopt a standard of conduct that provides that, if an employee, officer, or agency of the grantee, or such person s immediate family members conducts business with the grantee, the grantee must not: ca ntractPto suchat Participate for wh ch Federal funds auadministration of a co p RD Instruction 1944-N Exhibit A Page 13 (b) Knowingly permit the award or administration of the contract to be delivered to such persons or other immediate family members or to any entity (i.e., partnerships. corporations, etc.) in which such persons or their immediate family members have an ownership interest; or (c) Permit such person to solicit or accept gratuities, favors, or anything of monetary value from landlords or developersof rental or ownership housing projects or any other person receiving HPG assistance. 16. That the grantee will be in compliance with and provide the necessary forms concerning the Debarment and Suspension and the Drug - free Workplace requirements found in § 1944.654 of this subpart. 17. That the ,grantee will comply with the requirements in respect to rental properties and cooperatives (co-opps) and will execute an agreement with the owners or co-op as found in §§1944.662 and 1944.663 of this subpart, specifically: (a) If the co-op or rental property owner(s) or their successors in terest nterest fail to carry out the requirements o this grant agreement, the ownership agreement, or any requirements noted in this subpart during the applicable pperiod, they shall make a payment to FmHW in an amount t�iat equals the total amount of the assistance provided by the grantee plus interest thereon (without compounding) for each year and any fraction thereof that the assistance was outstanding The interest rate shall be that as determined by FmHA at tie time of infraction taking into account the average yield on outstanding marketable long-term obligations of the United States during the month preceding the date on which the assistance was initially made available. (b) Notwithstanding any other provision of law, any assistance rovided shall constitute a debt, which is pavable in the case of any ailure to carry out the agreement between tfie grantee and the rental property owner(s) or co-op and shall be secured by the security instruments provided by them to FmHA. 18. That all requirements of this subpart concerning HPG's will be followed. (09-01-93) PN 212 RD Instruction 1944-N Exhibit A Page 14 PART D FmHA a_ ees: 1. That it will assist the grantee, within available appropriations, with such technical and management assistance as needed in coordinating the statement of activities with local officials, comprehensive plans, p9 any State or area plans for improving i housing for very low -and low-income households in the area in which the project or program s located. 2. That at its sole discretion, FmHA may at any time give any consent, deferment, subordination, release, satisfaction, or termination of any or all of the grantee's grant obligations, with or without valuable consideration, upon such terns and conditions as the grantor may determine to be: �ac,) Advisable to further the purposes of the grant or to protect mHA's financial interests therein; and (b) Consistent with the statutory purposes of the grant and the limitations of the statutory authority under which it is made and FmHA's regulations. PART E Attachments: The statement of activities is attached to and made a part of this grant agreement. RD Instruction 1944-N Exhibit A Page 15 This grant agreement is subject to current FmHA regulations and any future regulations not inconsistent with the express terms hereof. Grantee has caused this grant agreement to be executed by its duly authorized Executive Director properly attested to and its corporate seal affixed by its duly authorized Notary Attest: Grante . By: ExetAtive Director - (Title) Date of Execution of Grant Agreement by Grantee: United States Of America Farmers Home Administration By: -S. A. --Mitchell- Director. Multi-Family.Housincr (Title) Date of Execution of Grant Agreement by FmHA: Assura.,as Non -Construction Prog.dns f. ONE Apprave-.l No. 0348-0040 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewinginstiuctions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Please do not return your completed form to the Office of Management and Budget; send it to the address provided by the sponsoring agency. Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case you will be notified. As the duly authorized representative of the applicant I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, managementand completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3'. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728-4763) relating to prescribed stan- dards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Adminis- tration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondis- crimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the - basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimina- tion on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.O.92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondis- crimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 36701 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) un- der which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. WiIl comply, or has already complied, with the require- ments .of Titles 11 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is ac- quired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal partici- pation in purchases. 8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§ 276a and 276a-7), the Copeland Act (40U.S.C. § 276c and 18 U.S.C. §§ 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for feder- ally assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Pro- tection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insur- able construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of Iq environmental quality control measures under the Na- tional Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (e) evaluation of flood hazards in flood plains in accordance with E0.11988; (e) assurance of Page 1 of 2 St--4'L4tj Previous Editions Usable Authorized for Local Reproduction Prescribed by OMB Circular A-102 project consistency with the approved 4,e management 14. Will comply witi,,�l.. 93-348 regarding the protection of S program developed under the Coastal Zone Management human subjects involved in research, development, and Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of related activities supported by this award of assistance. Federal actions to State (Clear Air) Implementation Plans 15. Will comply with the Laboratory Animal Welfare Act of under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) underground sources of drinking water under the Safe pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other Drinking Water Act of 1974, as amended, (P.L. 93-523); activities supported by this award of assistance. and (h) protection of endangered species under the Endan- gered Species Act of 1973, as amended, (P.L. 93-205). 16. Will comply with the Lead -Based Paint Poisoning Preven- 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting compo- nents or potential components of the national wild and scenic rivers system. 17. 13. Will assist the awarding agency in assuring compliance with Section 106 of the national Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and 18. Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). lion Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984 or OMB Circular No. A-133, Audits of Institutions of Higher Learning and other Non-profit Institutions. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. Signature of Authorized Certifying tf[fci Tit Ile Patti clapper `L Chairman Applicant Organization Date Submitted Northwest Colorado Council of Governments 5/25/02 Page 2 of 2 SF-424B (Rev. 4192) Previous Editions Usable Authorized for Local Reproductlon Prescribed by OMB Clivular A-102 -OCT-63-2002 02:38PM FROM-bCLA LOCAL &OVT SVCS 1313 HERO R521 8 $038664810 .GENE= D$CISIOAT =020017 09/13/2002 C017 Date: September 13, 2002 eeneral Decision Number C0020017 Superseded General, Pecisiou bba- C003.0017 State: Colorado construction Type: RESIDENTIAL county (ics ) ALAMOSA GRAND oDRAv ARCHULETA G=T.SON PARK BACA 9INSDALE PBILLIPS BENT Hu MANO PITK= CHAFFEE JACKSON PROWERE CiI£XENNE KIOWA RIO BLANCO CLEAR CREEK. KIT CARBON RIO GRAMM CONEJOS LA PLATA ROUZT COSTT14LA LAKE SAGM CROWLEY LAS ANIMAS SALT J= CUSTER LINCOLN SAW MIGURL DELTA LOC,sAN SEDGWICK 13OLORES XTN RAL SUMMIT EAGLE MOFFAT TELLER ELBER.T MONTEZVM WASHINGTON MONT MONMSE YUMA C71WIELD MORGAN GILPIN OTERO RESIDENTIAL CONSTRUCTION PR=CTS (consi®ting of single family homes gmd apartments up to and including 4 stories) Modification Number 0 1 2 3 4 5 6 Publication Date 03/ol/2002 03/08/2002 04/05/2002 05/03/2002 06/21/2002 07/OS/2002 09/13/2002 COUNTY Ues ) ALAMOSA GRAND oURAY ARCHULETA (;UNNISort PARK BACA - HINMALR PHILLIPS BRUT HUERFANO PITKIN CEWPEE JACKSON PROW= CHEYENNE KIOWA RIO BLANCO CLFM CgM KIT CA ON RIO GRAMP. CONEJOS LA PLATA ROB COSTILLA LAU SAGTJAC� CROWLEY LAS ANIMAS SAS 3= CUSTER LINCOLN SAN M e= DELTA LOGAN 0i3GWlCK T-128 P.002/006 F-741 http://frweb te.access.gpo.gov/cgi-buy/getdoc.cgi?db e=l)avis-Bacam&docid----00020017 10/3/02 _ OCT-03-2002 02:38PM FROM-OOLA LOCAL GOAT SVCS 1313 SHERMAN R521 8 $038664810 �.d T-126 P.003ACS F-741 DOLORES •EAGLE ELBERT MONT GAR l= GILPIN Mum" SUMMIT MOFFAT MoNTEzUMA WMX=GTON MONTROSE yw4A MORGAN OTERO * =C00121 09/01/2002 Razes Fringes ALAMOSA, ARaKUDETA, BACA, SENT, CHAFFEE, Co=JOS, COSTILLA, CROWLEY, OUSTER, FREMONT, MMRFANO, KYOWA, LAB AN=kS r MINML' OTERO, rROWERS, RIO GRANDE AND SAGUACMIS COUNTIES MRCTRICIANS : (Tucluding Low Voltage Wiring and Installation of rice Alarms) Electrical work $200,000 Or legs 18.98 7.94 Electrical work over $200,000 23.76 7•94 w - - � - - - - - - - - - - - - - - - - - - w w - w w - - - - - - - - - - - - - w - w w - - - - - - - - - - - * EI.RC''0068Q 09/01/2002 Rates Fringes CLEAR CREEK, FAGI•E, GILPYS, GFAND, JACKSON, LAKE, LOGANt MORGAN, PHILLIPS, SRDGWICK, SUMMIT, WASHINGTON AND YVMA COUNT1= =CTRICIANS (including Low Voltage Wiring and Iustallation of Fire Alarms) 20.55 4.$9 - - - - - - - - - - - - - - - w w - - - w - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RLEC0113I 06/01/2002 Rates Fringes mYENYIE, rmsERT, KIT CARSONI LINCOLN, EARL AND TELLER. COUNTIES ELECTRICIANS ( Including Law Voltage Wiring and Installation of Fire Alarms) 18.08 3Wt7_27 - - - - - - - - - - - w " w - - - - - - - - - - - - - - - - - - w 7 w - - - - - - - - - - ELEC0969I 06/01/2000 Rates Fringes DELTA, DOLORES, GARFIELD, GLWISON, RINSDALE, LA PXATA, MOAT, MONTLSUM, MONTRosE, OURAY, PITKIN, RIO BLANCO, ROUTT, SM JUAN AND SAN MIGM COUNTIES ELECTRICIANS (including Low voltage Wiring and Installation of Fire Alarms) 20.35 4%t5.14 - - w - - w w w - - - - - - - - - - - - - - - - - - w - - w w • w - - - - - - - - - - - - - - - - - w w w - w - - - - - - - - - TRONO024B 11/01/2001 Rates Fringes 1RoNwoRmm, Structural 21.00 5.45 - - - w - - - - - - - - - - - - - - - - w - - w - w w - - - - - - - - - - - - - - - - - w - - w - - - - - - - - - - - - - - - - SV'C01032A 12/20/2001 Rates Fringes CARPENTERS 17.86 http://frvebgate.access.spa.SOVlcgi-bbVgadoc.cgi?dbname=Davis Bacon&( Qcid=COO20017 1 0/3/02 - OCT4-h-2002 02:38PM 'LABORERS: Common FROM -BOLA LOCAL &QVT SVCS 1313 SHERMAN R621 6 3038664810 FAINTERS: crush, Spray & Roller PLUMERS (Including HVAC pipe) 10.33 3.5.00 18.06 2.78 wEI mu - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award oxay as provided in the labor standards contract clauses (25 CIFR 5.5 (a) (1) (ii) ) . w w - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - w r ------------------- in the listing above, the °SU'' designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. other designations indicate unions whose rates have been determined to be prevailing. WAGE D==MINATION p PPMS PROCESS 3..) Aas there been an initial decision in the matter? This can be: * an existing published wage determination w a survey underlying a wage determination * a wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling on survey related matters, initial contact, including requests for summaries of surveys, should be with the wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -flacon survey program. If she response from this initial contact is not satisfactory; then the process described in 2.) and 3.) should be followed. with regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction wage Determinations. Write to Branch of consz=cti.on wage Determinations Wage and Sour Division U . S . Department of Labor 200 Constitution Avenue, W. W. Washington, D. C. 20210 2.) if the answer to the question in 1.) is yes, then as interested party (those affected by the action) can request review and reconsideration from the wage and &Our Administrator T-126 P-004/005 F-T41 hup://frwebgate.access.gpo,govfcgi-bin/getdOC,c&i?do ne=l)avis-Bacon&docid=CO020017 . 1WNW _OCT-03-2002 02:36PM FRWQOLA LOCAL &OVT SVCS 1313 SHERMAN R621 8 3038664819 T-126 P-005/005 F-741 (See 29 CPR Part 1.8 and 29 CPR Part 7). Write to: Wage "a Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N- W- Washlu%toa, D - C . 20210 The request should be accompanied by a Bull statement of the interested party' s position and by arty iuformation (wage paymeut data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3-) If the decision of the Administrator in not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeal$ Board). Write to: Administrative Review Board u. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All. decisions by the Admiuistrat1v0 Review Board are final. Mm OF GZRMZAL DECISION hq:tl*webpa e.access.gpo.gavlcgi-binlgeuWc.cgi?dbuamw---Davis-]3acon&docid=C0020017 10/3/02 I Form RD 400-1 (Rev 5-00) UNITED STATES DEPARTMENT OF AGRICULTURE EQUAL OPPORTUNITY AGREEMENT FORM APPROVED OMB No. 0575-0018 This agreement, dated between Northwest Colorado Council of Governments (herein called "Recipient" whether one or more) and United States Department of Agriculture (USDA), pursuant to the rules and regulations of the Secretary of Labor (herein called the `Secretary') issued under the authority of Executive Order 11246 as amended, witnesseth: In consideration of financial assistance (whether by a loan, grant, loan guaranty, or other form of financial assistance) made or to be made by the USDA to Recipient, Recipient hereby agrees, if the cash cost of construction work performed by Recipient or a construction contract financed with such financial assistance exceeds $10,000 - unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965. 1. To incorporate or cause to be incorporated into any contract for construction work, or modification thereof, subject to the relevant rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid for in whole or in part with the aid of such financial assistance, the following `Equal Opportunity Clause": During the performance of this contract, the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin: 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. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the USDA setting forth the provisions of this nondiscrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the USDA, advising the said labor union or workers' representative of the contractor's commitments under this agreement and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of all rules, regulations and relevant orders of the Secretary of Labor. (e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, rules, regulations, and orders, or pursuant thereto, and will permit access to his books, records, and accounts by the USDA Civil Rights Office, and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared. ineligible for further Government contract or federally assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and r�ernedies invoked as provided in Executive Order No. 11246 of September 24,1965, or by rule, regulation or order of the Secretary o r, or as o ervvise provided by Law (g) The contractor will include the provisions of paragraph 1 and paragraph (a) through (g) in every subcontract or purchase order, unless exempted by the rules, regulations, or orders of the Secretary of Labor issuers pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect bo any subcontractor purchase order as the USDA may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the USDA, the contractor may request the United States to enter into such litigation to protect the interest of the United States. According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collections is 0575-0018. The time required to complete this information collection is estimated to average 10 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. RD 400-1(Rev. 5-00) Position 6 2. To be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the organization so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. 3. To notify all prospective contractors to file the required `Compliance Statement', Form RD 400-6, with their bids. 4. Form AD-425, Instructions to Contractors, will accompany the notice of award of the contract Bid conditions for all nonexempt federal and federally assisted construction contracts require inclusion of the appropriate "Hometown" or "imposed" plan affirmative action and equal employment opportunity requirements. All bidders must comply with the bid conditions contained in the invitation to be considered responsible bidders and hence eligible for the award 5. To assist and cooperate actively with USDA and the Secretary in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary, that it will furnish USDA and the Secretary such information such as, but not limited to, Form AD 560, Certification of Nonsegregated Facilities, to submit the Monthly Employment Utilization Report, Form CG257, as they may require for the supervision of such compliance, and that it will otherwise assist USDA in the discharge of USDA's primary responsibility for securing compliance. 6. To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by USDA or the Secretary of Labor pursuant to Part 1I, Subpart D, of the Executive Order. 7. That if the recipient fails or refuses to comply with these undertakings, the USDA may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the organization under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such organization; and refer the case to the Department of Justice for appropriate legal proceedings. Signed b e Recipient on the date first written above. Recipient (CORPORATE SEAL) Attest: ` r Name of Corporate Recipient By Recipient President USDA Form RD 400-4 (Rev. 3-97) The Position 3 FORM APPROVED ASSURANCE AGREEMENT OMB No. 0575-0018 (Under Title VI, Civil Rights Act of 1964) wnrthwest Colorado Council of Governments (name of recipient) v n Rn-v 91t)R _ Rilverthorne, Colorado 80498 (address) ("Recipient" herein) hereby assures the U. S. Department of Agriculture that Recipient is in compliance with and will continue to comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d et. seq.), 7 CFR Part 15, and Rural Housing Service, Rural Business -Cooperative Service, Rural Utilities Service, or the Faun Service Agency, (hereafter known as the" Agency') regulations promulgated thereunder, 7 C.F.R. § 1901.202. In accordance with that Act and the regulations referred to above, Recipient agrees that in connection with any program or activity for which Recipient receives Federal financial assistance (as such term is defined in 7 C.F.R. § 14.2) no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination. 1. Recipient agrees that any transfer of any aided facility, other than personal property, by sale, lease or other conveyance of contract, shall be, and shall be made expressly, subject to the obligations of this agreement and transferee's assumption thereof. 2. Recipient shall: (a) Keep such records and submit to the Government such timely, complete, and accurate information as the Government may determine to be necessary to ascertain our/my compliance with this agreement and the regulations. (b) Permit access by authorized employees of the Agency or the U.S. Department of Agriculture during normal business hours to such books, records, accounts and other sources of information and its facilities as may be pertinent to ascertaining such compliance. (c) Make available to users, participants, beneficiaries and other interested persons such information regarding the provisions of this agreement and the regulations, and in such manner as the Agency or the U.S. Department of Agriculture finds necessary to inform such persons of the protection assured them against discrimination. The obligations of this agreement shall continue: (a) As to any real property, including any structure, acquired or improved with the aid of the Federal financial assistance, so long as such real property is used for the purpose for which the Federal financial assistance is made or for another purpose which affords similar services or benefits, or for as long as the Recipient retains ownership or possession of the property, whichever is Ionger. (b) As to any personal property acquired or improved with the aid of the Federal financial assistance, so long as Recipient retains ownership or possession of the property. (c) As to any other aided facility or activity, until the last advance of funds under the loan or grant has been made. 4. Upon any breach or violation this agreement the Government may, at its option: (a) Terminate or refuse to render or continue financial assistance for the aid of the property, facility, project, service or activity. (b) Enforce this agreement by suit for specific performance or by any other available remedy under the laws of the United States or the State in which the breach or violation occurs. R ights and remedies provided for under this agreement shall be cumulative. In witness whereof, Northwest Colorado Council of Governments on this (name of recipient) date has caused this agreement to be executed by its duly authorized officers and its seal affixed hereto, or, if a natural person, has hereunto executed this agreement. (S ZAAi) Attest: Chairman Recipient Date Accordi ;�h the paperwork Reduction Act of 1995. no pawns are repined to respond to a coQecdon of tnforomdon wiles it displa}ar a valid OMB oaatro[ nrunlren: 7:e vedid OMB coatral number for this informadm collection is OS70-0018. The tine required to avmpkte this h formadon is cWnwted to avemw 15 minutes per responre, hw& ng the time for reviewing na&uwons, searching existing data sources, gathatng and mak wh tng the data needed. and compkwe and rewfewmg the collation of it jo Mdoa RD Instruction 1940-M Exhibit•A Page 27 Appendix B - Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions Instructions for Certification 1. By signing and submitting this proposal, 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 proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has 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 meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal 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 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 debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, 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, (4-11-89) SPECIAL PN RD Instruction 1940-M Exhibit A Page 28 check the Nonprocurement List (Tel. #). 8. Noting 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 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 Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions (1) The prospective lower tier participant certified, by submission of this proposal, 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 to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. a r RD Instruction 1940-M Exhibit A Page 29 Appendix C to Part 3017 - Certification Regarding Drug -Free workplace Requirements. Instructions for Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification set out below. 2. The certification set out below is a material representation of fact upon which reliance was placed when the agency determined to award the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the agency, in addition to any other remedies available to the Federal Government, may take action authorized under *the Drug -Free Workplace Act. 3. For grantees other than individuals, Alternative I applies. 4. For grantees who are individuals, Alternative II applies. Certification Regarding Drug -Free Workplace Requirements Alternative I. A. The grantee certifies that it will provide a drug -free workplace by: (a) Publishing a Statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about -- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted (1) Taking appropriate personnel action against such an (4-11-89) SPECIAL PN RD Instruction 1940-M Exhibit A Page 30 employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace'through implementation of paragraphs (a), (b), (c), (d), (e) and (f) . B. The grantee shall insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, State, zip code) Riverview Apartments 39169 Hwy 6 & 24 Eagle Vail, CO 81620 Alternative II The grantee certifies that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance in conducting any activity with the grant. *— DISTRIBUTION QCi in8i5 Io' 1. Contract Bo k Copies to: ! Accoontino 2.