IGA; City of Longmomt; Wonderland Creek Greenway Improvements; Exp 2/28/2018 Contract Tracking> Thank You Page 1 of 1
OFFICE OF THE CITY ATTORNEY
APR 0 6 1016
STANDARD
TO:
Contract Routing Cover Sheet
Please print and attach to your document
You can view the status of your contract using the Contract Trackino Status Page.
Routing Number 20160406.1652
Originating Dept Public Works
Contact Person Joel Wagner Phone Number 303-441-3871
Project Manager / Contract Joel Wagner E-mail wag nerj@bouldercolorado.gov
Administrator
Counter Parties City of Longmont, CO
Contract Title / Type Agreement for Delegation of Activities
Number B-13-DS-08-001: INF-00007
Description CDBG-DR Suballocation funding agreement for the Wonderland Creek Greenways Improvement
Project.
Special Instructions The draft of this agreement has been reviewed by Erin Poe. Please route to Erin for CAO approval.
Please notify Joel Wagner when signed, I will return both copies for final execution. Thank You
Amount 2,441,599 Expense Type INCOMING
• Dept. Head Signature
NOTE; Originating epar ent: dentify with a check mark all areas document needs to be routed.
• Purchasing
• Budget
• Sales Tax
CADi
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• Central Records
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Contract Trackinq Home Slgnature Routinq Form I Track Contract Status I Update Contract Status rn
http://intraweb.ci.boulder.co.us/ContractTracking/servlet/Controller 4/6/2016
AGREEMENT FOR DELEGATION OF ACTIVITIES
Boulder County Collaborative CDBG-DR Sub-Allocation
Grant No. B-13-DS-08-001: INF-00007
THIS AGREEMENT, including attached conditions, is made by and between the City of
Longmont, Colorado, a Colorado municipal corporation ("City"), and City of Boulder
("Delegate").
WHEREAS, the City is the fiscal agent for the Boulder County Collaborative ("Collaborative")
Community Development Block Grant-Disaster Recovery ("CDBG-DR") sub-allocation from
the State of Colorado Department of Local Affairs ("DOLA") funds from the U.S. Department of
Housing and Urban Development ("HUD") and is responsible for the development,
implementation, administration, and evaluation of HUD's CDBG-DR funds on behalf of the
Collaborative Partners("Partners"); and
WHEREAS, HUD has allocated the State of Colorado CDBG-DR funds for recovery from the
disasters in 2011, 2012, and 2013, and DOLA has allocated a sub-allocation of these funds to the
Boulder County Collaborative through the State's Third Amendment to the State's Action Plan
submitted to HUD dated June 26, 2015; and
WHEREAS, the Collaborative has determined a method of distribution of the sub-allocation
based on the Community Development Block Grant — Disaster Recovery Collaborative
Intergovernmental Agreement detailing the targeted percentage amount each Partner will receive
for infrastructure and/or housing assistance projects; and
WHEREAS, the Delegate possesses the authority and management capability necessary to assist
the City in the execution of its responsibilities as a CDBG-DR sub-grantee and has been
determined by the City to be an appropriate party to assume the primary administration of an
activity described as Priority Infrastructure Project in CDBG-DR Program Grant No. B-13-DS-
08-001; and
WHEREAS, by this Agreement, the parties are making provision for the administration and
conduct of that activity by the Delegate.
THEREFORE, WITNESSETH,the City and the Delegate do mutually agree as follows:
1. WORK TO BE PERFORMED. The Delegate shall, in a timely and satisfactory
manner, as determined by the City, perform the activities described in the work program set forth
in Appendix A.
2. COMPLIANCE WITH APPROVED PROGRAM. All activities authorized by
this Agreement will be performed in accordance with the goals and objectives set forth in
Appendix A, the budget set forth in Appendix B, and the conditions, assurances, and
requirements set forth in CDBG-DR Program Grant No. B-13-DS-08-001 as detailed in
Appendix C. Prior to undertaking any activity or making any expenditure that is not clearly
1.\MEDLAN�My Doe,, msL%CDB47•.'016CDBG-DRIGACXyofBouldn F AL.do" 3, i2M
consistent with the terms and conditions of this Agreement, the Delegate shall, in writing,
request the written approval of the City. No reimbursement shall be made for any such
expenditure or activity that does not receive this prior written approval of the City.
3. FUNDS AUTHORIZED AND SCHEDULE OF PAYMENTS. Subject to the
receipt of funds from the State of Colorado, the City will reimburse the Delegate for
expenditures, verified by vouchers and similar documentation, authorized by Appendix A.
For each month covered by this Agreement, the Delegate shall submit, as an invoice, a
financial statement of expenses incurred in that month within ten (10) working days of the close
of each month. Within ten(10) working days of receipt of the invoice, the City will determine, in
its reasonable discretion, if those expenditures are authorized by Appendix A, and if so
authorized, make payment of approved expenditures or notify the Delegate in writing of its
decision to disapprove, and of any conditions to be met for approval. In no event will the
Delegate receive reimbursement in excess of the total amount of CDBG-DR funds authorized by
this Agreement and detailed in the budget set forth in Appendix B.
4. PROGRAM INCOME. Program income, as defined at 24 CFR 570.504,
generated by the Delegate, will be sent to the City while the Grant Agreement under B-13-DS-
08-0011 with DOLA remains open and will be used for other CDBG-DR eligible activities under
the sub-allocation as determined by the Collaborative. Program income received after the Grant
Agreement with DOLA is closed out can be retained and used by the Delegate that is a CDBG
entitlement jurisdiction for any CDBG eligible use. Program income received by a Delegate that
is not a CDBG entitlement jurisdiction after the Grant Agreement with DOLA is closed out, will
be returned to the City and the City will place the program income in the Countywide Down
Payment Assistance Program account to be used throughout the county for allowable down
payment assistance expenses. Appropriate documentation of the receipt and use of program
income during the term of this Agreement will be provided to the City.
5. REVERSION OF ASSETS. Upon the expiration or termination of this
Agreement, the Delegate shall transfer any CDBG-DR funds on hand at that time and any
accounts receivable attributable to the use of CDBG-DR funds to the City. Any real property
under the Delegate's control that was acquired or improved in whole or in part with CDBG-DR
funds in excess of$25,000 must either:
(A) Be used to meet one of the national objectives outlined in the March 5, 2013,
Federal Register Notice (78 FR 14329) or 24 CFR 570.208 until five (5) years after the
expiration of this Agreement. If however, the real property being acquired is part of a buyout or
flood mitigation acquisition where the future and on-going use of the property is restricted in
accordance with HUD rules, then the undeveloped real property will be considered to meet the
HUD national objective;
OR
(B) Be disposed of in a manner that results in the City being reimbursed in the amount
of the current fair market value of the property, less any portion of the value attributable to
expenditures of non-CDBG-DR funds for acquisition of, or improvements to, the property.
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If there is real property being acquired or improved under this Agreement with CDBG-
DR funds, the Delegate and the City must have reached a prior agreement as to which of the
above options will be used and enforced. The option for this Agreement is (A).
This paragraph 5 only applies to any funds or real property provided to or acquired by the
Delegate under this Agreement.
6. REPORTS, RECORDS, MONITORING AND EVALUATION. The City
will monitor, evaluate, and provide guidance, direction, and technical assistance to the Delegate
in the conduct of activities listed in this paragraph. The Delegate will provide the following:
(A) Quarterly Reports. Within five (5) working days after the end of each quarter(by
March 5, June 5, September 5 and December 5), the Delegate shall submit the following:
(1) Progress report of the Delegate's activities and accomplishments during
the period with emphasis on the objectives of the project specified in Appendix A.
(2) Financial statement of CDBG-DR expenditures made by the Delegate
during the period, including a comparison of accumulative CDBG-DR expenditures made in the
conduct of the project to the specific cost categories and expenditure milestones set forth in the
budget in Appendix B.
(3) Any special report made necessary by the imposition of the City or HUD,
or additional reasonable requirements pursuant to CDBG-DR Program Grant No. B-13-DS-08-
001.
(B) Proiect Completion Report. Within fifteen (15) days of the earlier of termination
or completion of the project, the Delegate shall submit one (1) copy of the project completion
report, and one (1) copy of the final financial status report. Electronic submission of these and
all reports is encouraged. The project completion report shall contain a certification from the
Delegate that the project is complete and all costs for reimbursement have been submitted to the
City.
(C) Annual Audit. A complete annual audit is not required by federal law if the
Delegate is a non-federal entity that expends less than $750,000 in federal funds annually,
including funds authorized by this grant. However, all financial and other records must be
available for review or audit by appropriate officials of the City, State, HUD, and the General
Accounting Office. If the Delegate will expend $750,000 or more in federal funds during the
calendar year in which the grant award made under this Agreement is expended, a single or
program-specific audit must be submitted to the City for review immediately upon completion.
The Delegate will include the activities delegated by the terms of this Agreement in its audit
which shall be undertaken in accordance with the provisions of OMB Super Circular Title 2 of
the CFR, Subtitle A, Chapter II, Part 200, and which shall include a compliance review as per 24
CFR 44.5.
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(D) Retain Records. The Delegate will retain and permit access by the City, State,
HUD, and the Comptroller General to inspect all program records pertaining to the grant for a
period of at least four (4) years after the date of this grant close-out. Records to be maintained
by Delegate will include, but are not limited to, the following: applications including eligibility
determination, national objective and LMI determination, environmental clearance, duplication
of benefit,beneficiary information and other compliance documentation as required.
For Housing projects/programs, Delegate shall also retain and permit access by
the City, State, HUD, and the Comptroller General to inspect all individual household assistance
records pertaining to the grant for a period of at least ten (10) years after the date of this grant
close-out.
(E) Cooperate with Evaluation. The Delegate will ensure the cooperation of its staff
and other responsible officials in the efforts of the City to monitor and evaluate the Delegate's
activities. The Delegate will actively assist City in the following activities:
(1) On-site visits by the City made to monitor the progress of the activities
delegated, to review compliance with the terms of this Agreement, and to offer assistance in the
conduct of the project. Such on-site visits will be undertaken within ninety (90) days of this
grant award, and then every six (6) months until grant close-out. The monitoring schedule is
described further in Appendix D.
(2) Any special monitoring or evaluation activities made necessary by the
imposition by the City, State, or HUD of additional reasonable requirements pursuant to HUD
CDBG-DR Program Grant No. B-13-DS-08-001.
7. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS. The
Delegate shall comply with all applicable federal, state, and local laws, rules, statutes, charter
provisions, ordinances, regulations, policies, guidelines, and requirements with respect to the
acceptance and use of federal funds for this federally assisted program. Appendix C requires
that the Delegate assure and certify compliance with said requirements, including the following:
(A) Residential Anti-Displacement and Relocation Assistance Plan included in
Appendix F.
(B) Affirmation of Duplication of Benefits included in Appendix H.
(C) Financial Management Questionnaire to affirm proficient financial controls and
procurement processes included in Appendix I.
8. CHANGES. This Agreement is an integration of the entire understanding of the
parties, and any amendment must be signed by the authorized representative of both parties.
Notwithstanding the foregoing, the City, State, or HUD may, from time to time, impose other
reasonable conditions in connection with the activities delegated under the terms of this
Agreement, and the Delegate will comply with such conditions upon receiving written notice
from the City, State, or HUD or will agree to terminate this Agreement pursuant to Paragraph 11
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herein.
The City Manager may approve and sign any amendments on behalf of the City that are
consistent with the purposes of this Agreement and do not substantially increase the obligations
of the City hereunder.
The City Manager for the Delegate is approved by the Boulder City Council to approve
and sign any amendments on behalf of the Delegate that are consistent with the purposes of this
Agreement and do not substantially increase the obligations of the Delegate hereunder.
9. NON-DISCRIMINATION. In the performance of this Agreement, the Delegate
shall not discriminate against any employee or applicant for employment with regard to race,
color, religion, sex, national origin, disability, age, ancestry, or political belief. The Delegate
further agrees that no person will be denied equal access to, excluded from participation in, or be
denied the proceeds of any CDBG-DR funded project subject to this Agreement, and will adhere
to the non-discrimination provisions promulgated pursuant to the Executive Orders and federal
statutes referenced in Appendix C.
10. ENFORCEMENT. The City may, for cause and upon giving fifteen (15) days'
written notice to the Delegate, undertake one or more of the following courses of action:
(A) Withhold funds until the situation has been corrected;
(B) Suspend the Delegate's authority to spend funds or to conduct the project until the
situation is corrected; or
(C) Terminate this Agreement in whole or in part.
Cause shall include,but not be limited to:
(A) Failure, for any reason, of the Delegate to fulfill in a timely and proper manner its
obligations under this Agreement;
(B) Submission by the Delegate to HUD, the State, or to the City of reports that are
incorrect or incomplete in any material respect;
(C) Ineffective or improper use of funds provided under or generated by this
Agreement; or
(D) Suspension or termination by the State or HUD of the grant to the City under
which this Agreement is made, or the portion thereof delegated by this
Agreement.
Delegate shall comply with the provisions of the Recapture Plan in Appendix G.
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11. TERMINATION.
(A) Either party may terminate this Agreement without cause upon thirty (30)
days' written notice to the other party.
(B) The Delegate may terminate this Agreement, upon thirty (30) days'
written notice to the City, if the Delegate is unable or unwilling to comply with such additional
conditions as may be lawfully applied by the City, State, or HUD. In such event, the City may
require the Delegate to ensure that adequate arrangements have been made for the transfer of the
delegated activities to another delegate or to the City.
(C) In the event of any termination, all property and finished or unfinished
documents, data, studies, and reports purchased or prepared by the Delegate under this
Agreement shall become the property of the City, and the Delegate shall be entitled to
compensation for any unreimbursed expenses reasonably and necessarily incurred in satisfactory
performance of the Agreement. Notwithstanding the above, the Delegate shall not be relieved of
liability to the City for damages sustained by the City by virtue of any breach of the contract by
the Delegate, and the City may withhold any reimbursement to the Delegate for the purpose of
set-off until such time as the exact amount of damages due the City from the Delegate is agreed
upon or otherwise determined.
(D) In the event of any termination, the City shall de-obligate any remaining
unexpended grant funds for the project, and shall provide notice to Delegate that such project has
failed to meet its expenditure milestones (included in Appendix B) and the corresponding HUD
timeliness requirements and that as a result, the Delegate is required to immediately return to the
City any previously received funds for the project for re-allocation to another project.
12. SUBCONTRACTING AND ASSIGNMENT. The Delegate shall not assign,
delegate, nor subcontract any of the work or services authorized by this Agreement without the
prior written approval of the City.
13. COPIES OF PLANS. The City will be provided with copies of plans, reports,
studies, or other documentation signifying and giving evidence of the completion of the activities
authorized by the terms of this Agreement at such time as the Delegate has fulfilled its
responsibilities in executing the terms of this Agreement.
14. LIABILITY. The Delegate and the City each assume responsibility for the
actions and omissions of its own agents and employees in the performance or failure to perform
work under this Agreement. It is agreed that such liability for actions or omissions of their own
agents and employees is not intended to increase the amounts set forth in the Colorado
Governmental Immunity Act, now existing, or as the same may be later amended. By agreeing
to this provision, the parties do not waive nor intend to waive the limitations on liability which
are provided to the parties under the Colorado Governmental Immunity Act § 24-10-101 et seq.,
C.R.S., as amended.
15. INSURANCE. The Delegate will procure and maintain in full force and effect
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such insurance or self-insurance that will insure its obligations and liabilities under this
Agreement, including workers' compensation, automobile liability, and general liability.
16. NOTICE. Any notice provided for in this Agreement shall be in writing and
shall be sufficiently given if delivered in person, by prepaid overnight express, or by registered
or certified mail,postage prepaid,return receipt requested, and addressed to the following:
In case of the City, to: In case of Delegate,to:
Kathy L. Fedler Joel Wagner
CDBG-DR Program Manager Flood Recovery Coordinator
Civic Center Complex City of Boulder
350 Kimbark Street 1777 Broadway
Longmont, CO 80501 Boulder, CO 80302
Either party may designate another address by written notice as provided in this section.
17. PROVISIONS CONSTRUED AS TO FAIR MEANING. The provisions of
this Agreement shall be construed as to their fair meaning and not for or against any party based
upon any attribution to such party of the source of the language in question.
18. HEADINGS FOR CONVENIENCE. All headings, captions, and titles are for
convenience and reference only and of no meaning in the interpretation or effect of this
Agreement.
19. NO THIRD PARTY BENEFICIARIES. None of the terms or conditions in
this Agreement shall give or allow any claim,benefit, or right of action by any third person not a
party hereto. Any person other than the City or Delegate receiving services or benefits under this
Agreement shall be only an incidental beneficiary.
20. WAIVER. No waiver of any breach or default under this Agreement shall be a
waiver of any other or subsequent breach or default.
21. GOVERNING LAW. This Agreement shall be governed and construed in
accordance with the laws of the State of Colorado.
22. STATUS OF DELEGATE. Delegate shall perform under this Agreement as an
independent contractor and a separate entity and not as an employee or agent of the City.
Delegate's employees and volunteers are not entitled to City of Longmont worker's
compensation benefits or its insurance carriers or funds. Delegate is obligated to pay
federal and state income tax on money, if any, earned pursuant to this Agreement.
23. RELATIONSHIP OF THE PARTIES. It is mutually agreed and understood
that nothing contained in this Agreement is intended or shall be construed as in any way
establishing the relationship of co-partners or joint ventures between the parties hereto or as
construing the Delegate, including its agents and employees, as an agent of the City. The
Delegate shall remain an independent and separate entity. When Delegate provides services as
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listed above, Delegate personnel shall do so as volunteers and not as paid employees.
24. VERIFICATION OF LAWFUL PRESENCE. Delegate shall verify the lawful
presence in the United States of each natural person eighteen (18) years of age or older who
applies for state or local public benefits or for federal public benefits for the applicant, prior to
providing the benefits, as required by Article 76.5 of Title 24 of the Colorado Revised Statutes,
Restrictions on Public Benefits, C.R.S. 24-76.5-101, et seq. Delegate shall verify the lawful
presence in the United States of each such applicant by requiring the applicant to: 1)produce(i)
a valid Colorado driver's license or a Colorado identification card, issued pursuant to Article 2 of
Title 42, C.R.S.; or(ii) a United States military card or a military dependent's identification card;
or (iii) a United States Coast Guard merchant mariner card; or (iv) a Native American tribal
document; and 2) execute an affidavit in substantially the form shown on Appendix E staring:
(i) that he or she is a United States citizen or legal permanent resident; or (ii) that he or she is
otherwise lawfully present in the United States pursuant to federal law.
For an applicant who has executed an affidavit stating that he or she is an alien lawfully present
in the United States, Delegate shall verify the applicant's lawful presence for federal public
benefits or state or local public benefits through the federal Systematic Alien Verification of
Entitlement Program, ("SAVE Program"), operated by the United States Department of
Homeland Security or a successor program designated by the United States Department of
Homeland Security. Until such verification of lawful presence is made, the affidavit may be
presumed to be proof of lawful presence for purposes of this section. If Delegate is unable to use
the SAVE Program after reasonable efforts are made to use the program, Delegate shall request
the City to verify the lawful presence of the applicant through the SAVE Program.
25. EFFECTIVE DATES. This Agreement shall be in force from March 15, 2016
through February 28, 2018.
Executed this day of 12016.
CITY OF LONGMONT: ®���®
v Z 03 3°
MA R FRO tEM "3 DATE
APPROVED AS TO FORM: WORA��
ASSISTArC Y XTTORNEY DATE
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PROOFREAD DATE
APPROVED AS TO FORM AND SUBSTANCE:
JDB - PR GRAM MANAGER DATE
APPROVED AS TO INSURANCE PROVISIONS:
RISK MA AGER DAA
CA File: 9963
State of Colorado )
Ss.
County of Boulder )
I attest that the foregoing instrument was acknowledged before me this day of
GTck 2016, by 1 iCC Mayor
� Y gm
as the Ma or of the Cit of Longmont,
Witness my hand and official seal.
VALERIA L SKITT
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID# 19874187524
SEPTEMBER
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L, MV COMMISSION E%PIKES SEPTEMBEF 04,201¢
City Clerk, Notary Public ��II
My commission expires
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DELEGATE: City of Boulder
By� , 5 APPROVED AS TO FORM
CITY MANAGER, BOULD' R OFFICE OF TH CI TY ATTORNEY
Date:
SEAL
ATTEST:
city Berk
State of cam)
) ss.
County of "I
The foregoing instrument was acknowledged before me this day of , 2016,
by C.JL(MN — S. +rQdl71 A/W1_i
(Name of person acknowl�hged, i.e. signing agreement)
Witness my hand and official seal.
Notary Public
ANN MARIE LARGE
Notary Public
My Commission expires state or Colorado
�ryroo-rse��e�son
Return Original Document to:
Longmont CDBG Office
350 Kimbark Street
Longmont, CO 80501
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APPENDIX A
WORK PROGRAM: INF-00007
Delegate: City of Boulder
Project: Wonderland Creek Greenways Improvement Project
Goal or Activity Description: The Wonderland Creek Greenways Improvement Project
will provide 100-year flood conveyance capacity to the portion of Wonderland Creek
downstream of Winding Trail Drive in the north to Diagonal Highway in the south, totaling
approximately 2,400 linear feet. This project will reduce the risk of flooding for 212 structures
and 392 dwelling units. The project will also separate the creek flows from the Boulder and
White Rock irrigation ditches, mitigating the flood risk in the King's Ridge neighborhood
(downstream and east of the project). The project includes:
• Providing channel improvements along the project corridor;
• Extending the multi-use path system from Foothills Parkway to 30th Street; and
• Providing three bicycle/pedestrian and flood water conveyance underpasses at the BNSF
railroad, Kalmia Avenue, and 291h Street.
Area of Service: Census Tracts 121.03 BG3, 122.03 BGI, 122.03 BG2, 122.03 BG3,
127.01 BG4
National Objective:
Low/Mod Income Benefit: X Percentage Met: 59.09%
Urgent Need:
CDBGDR Eligible Activity Citation from 24 CFR 570.201: (c)Public facilities and
improvements.
(g)Payment of non-Federal
share.
24 CFR 570.202: N/A
Covered Project: No
(Major infrastructure project total coat of$50 million or more,
including at least$10 million of CDBG-DR funds.)
Compliance with Davis Bacon Act Required: Yes
Compliance with Section 3 of the Housing and Urban
Development Act of 1968 Required? Yes
(Refer to Title 24 CFR Part 135 and the Boulder County Collaborative
Section 3 plan dated January 18,2016)
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MBE/WBE Contract Statement Required: Yes
(Refer to Boulder County Collaborative CDBG-DR Required Bid and
Contract Documents Instructions.)
Compliance with Resilience Performance Standards: Yes
Required?
Work Program Completion Date
1. Household Assistance Programs N/A
2. Environmental Review/Assessment October 14, 2015
3. Procurement& Contracting December 1, 2015
4. Acquisition N/A
5. Clearance & Demolition N/A
(including re-vegetation)
6. Design/engineering October 9,2015
7. Construction May 31, 2017 (CDBG-DR
reimbursed portion complete)
January 31, 2018 (project complete)
8. Project Delivery June 30, 2017 (CDBG-DR
reimbursed portion complete)
9. Pre Agreement Tasks
(A) Architectural/Engineering
(B) Environmental Review/Assessment X
(C) Real Property/Easements/Acquisition/Lease
(D) Permits/Surveys
(E) Legal/Bonding/Insurance
(F) Construction Costs X
(G) Construction Management X
(H) Project Delivery X
(I) Other(Please Specify)
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APPENDIX B
BUDGET: INF-00007
Delegate: City of Boulder
Project: Wonderland Creek Greenways Improvement Project
Task Total CDBG-DR Other Other
Project Funds Funds Funding
Costs Sources
Wonderland Creek Greenways $22,336,469 $2,123,130 $2,500,000 FHWA
Improvement Project $1,673,095 UDFCD
$8,650,058 Local Bond
$7,066,466 Stormwater
Fund
Project Delivery* $318,469
(Not to exceed 15%)
Total $22,336,469 $2,441,599 $19,889,619
CDBG-DR Funds on an Advance Basis: $0
CDBG-DR Funds on a Reimbursement Basis: $2,441,599
*Proiect Deliverv:
Up to 15 percent of total project costs funded by CDBG-DR may be used for project delivery
costs. Project delivery costs shall not exceed 15 percent of total project costs. Project delivery
costs are those costs associated with implementing and carrying out eligible CDBG-DR activities
and may include force account labor, technical assistance, and consulting fees.
Project delivery will include costs associated with charges incurred from Hagerty Consulting.
These charges could include time directly spent on a specific project activity, including
application setup, eligibility review, quality control, monitoring and/or technical assistance, or
distributed on a fair share basis for program-wide implementation. In addition, charges may be
incurred by Hagerty Consulting prior to execution of this Agreement, since both project-specific
and program-wide activities have been on-going to date.
In the event that eligible project delivery charges exceed the allowable limit, coverage of charges
incurred from Hagerty Consulting will take first priority. Once Hagerty Consulting costs are
allocated to project delivery in full, remaining project delivery funds, as available and up to the
maximum 15 percent, can be used to cover other eligible project delivery charges incurred by the
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Delegate.
All eligible project delivery charges require sufficient documentation to be an acceptable
reimbursable cost. In order for force account labor to be considered an eligible project delivery
cost, the Delegate must ensure that all hours attributed to each project are tracked daily and
reported separately on an approved timesheet format. A sample timesheet format can be provided
by the City.
Excluding Hagerty Consulting costs, any project delivery costs not used by the Delegate can be
applied to the project itself, up to the budgeted amount of CDBG-DR funds attributed to the
project in the budget table above.
Expenditure Milestones:
Wonderland Creek Greenways Improvement Project
Date
50%draw down by: December 31, 2016
75%draw down by: March 31, 2017
Substantial Completion of Work Program and
Submittal of Final Pay Request (date certain): June 30, 2017
If target date for expenditure milestones are not met, the City has the authority to use any
remedies stated in the Agreement including,but not limited to, those specified in §10(a).
Disposition of Program Income: No program income is anticipated.
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APPENDIX C
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CERTIFICATIONS
The Delegate hereby assures and certifies that it will comply with the regulations, policies,
guidelines, and requirements with respect to the acceptance and use of federal funds for this
federally assisted program. Also, the Delegate gives assurances and certifies with respect to the
grant that:
A. It possesses legal authority to make a grant submission and to execute a
community development and housing program;
B. Its governing body has duly adopted or passed as an official act a resolution,
motion or similar action authorizing the person identified as the official
representative of the Delegate to enter into subsequent contracts, all
understandings and assurances contained therein, and directing and authorizing
the person identified as the official representative of the Delegate to act in
connection with the Agreement and to provide such additional information as may
be required;
C. It has developed its request for funds and funded project so as to give maximum
feasible priority to activities which benefit low and moderate income families, or
aid in the prevention or elimination of slums or blight;
D. It will affirmatively further fair housing;
E. It will minimize the displacement of persons as a result of activities assisted with
CDBG-DR funds and will assist persons actually displaced as a result of such
activities, as described in the Residential Anti-Displacement and Relocation
Assistance Plan included in Appendix F;
F. The Agreement will be conducted and administered in compliance with:
1. Title VI of the Civil Rights Act of 1964 (Public Law 88-352), and
implementing regulations issued at 24 CFR 570 Part 1;
2. The Fair Housing Act (42 U.S.C. 3601-3619) and the Delegate will
administer all programs and activities related to housing and community
development in a manner to affirmatively further fair housing;
3. Section 109 of the Housing and Community Development Act of 1974, as
amended, and the regulations issued pursuant thereto;
4. Section 3 of the Housing and Urban Development Act of 1968, as
amended, and implementing regulations issued at 24 CFR Part 135;
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5. Executive Order 11246, as amended by Executive Orders 11375, 11478,
12086 and 12107, and implementing regulations issued at 41 CFR Chapter
60;
6. Executive Order 11063, as amended by Executive Order 12259, and
implementing regulations issued at 24 CFR Part 107;
7. Section 504 of the Rehabilitation Act of 1973 (Public Law 92-112), as
amended, and implementing regulations issued at 24 CFR Part 8;
S. The Age Discrimination Act of 1975 (Public Law 94-135), as amended,
and implementing regulations issued at 24 CFR Part 146;
9. The acquisition and relocation requirements of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as
amended, and the implementing regulations at 49 CFR Part 24;
10. The labor standards requirements as set forth in 24 CFR Part 570, Subpart
K and HUD regulations issued to implement such requirements;
11. Executive Order 11988 relating to the evaluation of flood hazards and
Executive Order 11288 relating to the prevention, control, and abatement
of water pollution;
12. The flood insurance purchase requirements of Section 202(a) of the Flood
Disaster Protection Act of 1973 (Public Law 93-234);
13. The regulations, policies, guidelines, and requirements of 24 CFR Part 85
- Administrative Requirements and OMB Super Circular Title 2 of the
CFR, Subtitle A, Chapter II, Part 200 as they relate to the acceptance and
use of federal funds under this federally-assisted program;
14. Section 402 of the Vietnam Veterans Adjustment Assistance Act of 1974
(Public Law 93-508), as amended and implementing regulations when
published for effect;
15. The Americans with Disabilities Act of 1990;
16. The regulations, policies, guidelines and requirements of OMB Super
Circular Title 2 of the CFR, Subtitle A, Chapter II, Part 200. The grant
activity will be part of the Delegate's annual audit and that audit will be
submitted to the City for review;
17. The provisions of the National Environmental Policy Act of 1969, and the
regulations issued pursuant thereto;
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18. The Clean Air Act, as amended (42 U.S.C. 1857 et seq.); and the
regulations of the Environmental Protection Agency with respect thereto,
at 40 CFR Part 15, as amended;
19. The Archeological and Historic Preservation Act of 1974 (Public Law 93-
291), Public Law 89-665, Executive Order 11593, and the procedures
described by the Advisory Council on Historical Preservation in 36 CFR
Part 800.
G. No member of or delegate to the congress of the United States shall be admitted
to any share or part of this Agreement or to any benefit to arise from same;
H. No member, officer, or employee of the Delegate, or its designees or agents, no
member of the governing body of the locality in which the program is situated,
and no other public official of such locality or localities who exercises any
functions or responsibilities with respect to the program during his/her tenure or
for one (1) year thereafter, shall have any interest, direct or indirect, in any
contract or subcontract, or the process thereof, for work to be performed in
connection with the program assisted under the grant, and that it shall incorporate,
or cause to be incorporated, in all such contracts or subcontracts a provision
prohibiting such interest pursuant to the purposes of this certification;
I. It will comply with the provisions of the Hatch Act, which limits the political
activity of employees;
J. It will give HUD and the Controller General or any authorized representatives
access to and the right to examine all records,books, papers, or documents related
to the grant, and that it will maintain such records, books,papers or documents for
three(3) years after the close of the project;
K. It will comply with the lead-based paint requirements of 24 CFR 570.608 issued
pursuant to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831 et
seq.);
L. It will not use CDBG-DR funds for publicity or propaganda purposes designed to
support or defeat legislation pending with federal, state, or local governments;
M. Real or personal property purchased in whole or in part with CDBG-DR funds
shall not be disposed of through sale, use, or location without the written
permission of the City, State, and HUD. The proceeds from the disposition of
real property shall be considered program income and subject to 24 CFR 570.504;
N. It will not attempt to recover any capital costs of public improvements assisted in
whole or in part with funds provided under Section 106 of the Housing and
Community Development Act by assessing any amount against properties owned
and occupied by persons of low and moderate income, including any fee charged
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or assessment made as a condition of obtaining access to such public
improvements, unless:
1. Funds received under Section 106 of the Act are used to pay the
proportion of such fee or assessment that relates to the capital costs of
such public improvements that are financed from revenue sources other
than Title I of the Act; or
2. For purposes of assessing any amount against properties owned and
occupied by persons of low and moderate income, the Delegate certifies to
the City that it lacks sufficient funds received under Section 106 of the Act
to comply with the requirements of Subparagraph 1 above.
O. Funds will be used solely for necessary expenses related to disaster relief, long-
term recovery, restoration of infrastructure and housing, and economic
revitalization in the most impacted and distressed areas for which the President
declared a major disaster in the aftermath of the September 2013 floods, pursuant
to the Stafford Act.
P. The Delegate certifies that it has adopted and is enforcing the following policies:
1. A policy prohibiting the use of excessive force by law enforcement
agencies within its jurisdiction against any individuals engaged in
nonviolent civil rights demonstrations; and
2. A policy of enforcing applicable state and local laws against physically
barring entrance to or exit from a facility or location that is the subject of
such nonviolent civil rights demonstrations within its jurisdiction.
Q. The Delegate will not use grant funds for any activity in an area delineated as a
special flood hazard area or equivalent in FEMA's most recent and current data
source, unless it also ensures that the action is designed or modified to minimize
harm to or within the floodplain in accordance with Executive Order 11988 and
24 CFR part 55. The relevant data source for this provision is the latest issued
FEMA data or guidance which includes advisory data (such as Advisory Base
Flood Elevations) or preliminary and final Flood Insurance Rate Maps.
R. The Delegate certifies that it has reviewed the requirements of the March 5,2013
Federal Register Notice(78 FR 14329) and the June 3, 2014 Federal Register
Notice (79 FR 31964) and requirements of Public Law 113-2 applicable to funds
allocated by this Notice, and that it has in place proficient financial controls and
procurement processes (refer to Appendix I: Financial Management
Questionnaire) and has established adequate procedures to prevent any
duplication of benefits as defined by section 312 of the Stafford Act (refer to
Appendix H: Affirmation of Duplication of Benefits), to ensure timely
expenditures of funds and to detect and prevent waste, fraud, and abuse of funds,
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APPENDIX D
MONITORING SCHEDULE
Delegate: City of Boulder
Project: Wonderland Creek Greenways Improvement Project
At a minimum, the project will be visited within ninety(90)days of the date of this Delegation
Agreement and then at least every six (6) months until grant close-out.
The Delegate will be informed of the time of an on-site visit and the general subject matter to be
covered. An exit review of tentative conclusions will be held with the Delegate to be followed
by a formal communication within thirty(30) days.
The monitoring review(s)will cover:
• Review of accounting system.
• Review of Delegate's understanding of program financial requirements.
• Review of files for required policies and procedures and documentation.
• Review of records system for maintenance of appropriate documentation.
• Project/program review for compliance with all program requirements
If it is determined that the Delegate has not met a requirement of the CDBG-DR Program, the
City of Longmont will provide written notice of this determination and give the Delegate an
opportunity to demonstrate within a stated timeline that it has done so. If the Delegate is unable
to demonstrate compliance,the City of Longmont will take corrective action or remedial action.
Said action will be designed to prevent a continuation of the deficiency, mitigate, to the extent
possible, its adverse effects or consequences, and prevent its recurrence.
Delegate may be required to submit and comply with proposals for action to correct,mitigate,
and prevent a performance deficiency through one or more of the following:
• Prepare and follow a schedule of actions for carrying out the affected activities,
consisting of schedules, timetables, and milestones necessary to implement the affected
activities;
• Establish and follow a management plan that assigns responsibilities for carrying out the
remedial action;
• Cancel or revise activities likely to be affected by the performance deficiency before
expending program funding for the activity.
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APPENDIX E
AFFIDAVIT
I, swear or affirm under penalty of perjury under the laws of the State of
Colorado that(check one):
I am a United States citizen, or
I am a Permanent Resident of the United States, or
I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a public
benefit. I understand that state law requires me to provide proof that I am lawfully present in the
United States prior to receipt of this public benefit. I further acknowledge that making a false,
fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the
criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute 18-8-
503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently
received.
Signature Date
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APPENDIX F
RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN
Every effort will be made to minimize temporary or permanent displacement of persons due to a
CDBG project undertaken by the Delegate.
However, in the event of displacement as a result of a federally funded award, the Delegate will
comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended, for any household, regardless of income which is involuntarily and
permanently displaced.
If the property acquired is an occupiable lower-income dwelling, but will not be used for
low/moderate income housing under 104(d)of the Housing and Community Development Act of
1974, as amended, the displacement and relocation plan shall provide that before obligating and
spending funds that will directly result in such demolition or conversion, the Delegate will make
public and submit to Boulder County Collaborative CDBG-DR the following information:
(A) A description of the proposed activity;
(B) The general location on a map and appropriate number of dwelling units by
number of bedrooms that will be demolished or converted to a use other than as
low and moderate income dwelling units as a direct result of the assisted activity;
(C) A time schedule for the commencement and completion date of the demolition or
conversion;
(D) The general location on a map and appropriate number of dwelling units by
number of bedrooms that will be provided as replacement dwelling units;
(E) Comparable replacement housing in the community within three (3) years of the
commencement date of the demolition or rehabilitation;
(F) The source of funding and a time schedule for the provision of replacement
dwelling units;
(G) The basis for concluding that each replacement dwelling unit will remain a low
and moderate income dwelling unit for at least ten (10) years from the date of
initial occupancy;
(H) Relocation benefits for all low or moderate income persons shall be provided,
including reimbursement for moving expenses, security deposits, credit checks,
temporary housing, and other related expenses and either:
1. Sufficient compensation to ensure that, at least for five (5) years after
being relocated, any displaced low/moderate income household shall not
bear a ratio of shelter costs to income that exceeds thirty(30)percent; or
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2. If elected by a family, a lump-sum payment equal to the capitalized value
of the compensation available under subparagraph 1. above to permit the
household to secure participation in a housing cooperative or mutual
housing association, or a Section 8 certificate of voucher for rental
assistance.
(I) Persons displaced shall be relocated into comparable replacement housing that is
decent, safe, and sanitary, adequate in size to accommodate the occupants,
functionally equivalent, and in an area not subject to unreasonably adverse
environmental conditions;
(7) Provide that persons displaced have the right to elect, as an alternative to the
benefits in subparagraph (H).2 above, to received benefits under the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 if such
persons determine that it is in their best interest to do so; and
(K) The right of appeal to the Boulder County Collaborative where a claim for
assistance under subparagraph(H).2 above,is denied by the Delegate. The Lead
Agency's CDBG-DR Program Manager's decision shall be final unless a court
determines the decision was arbitrary and capricious.
(L) Paragraphs (A)through(K) above shall not apply where the HUD Field Office
objectively finds that there is an adequate supply of decent, affordable
low/moderate income housing in the area.
(M) Consistent with the goals and objectives of activities assisted under the Act, the
Delegate will take the following steps to minimize the displacement of persons
from their homes:
1. All public facilities projects (water, sewer, gas, etc.) will be designed so that
there will be not displacement of any residences or business;
2. No homes will be demolished that can be reasonably rehabilitated; and
3. There will be no displacement of any residential or business occupants on
CDBG-DR projects.
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APPENDIX G
BOULDER COUNTY COLLABORATIVE RECAPTURE PLAN
Overview
The Boulder County Collaborative ("BCC") is responsible for making a good faith effort to only
fund eligible applicants and projects with the Community Development Block Group-Disaster
Recovery ("CDBG-DR") funds from the Department of Housing and Urban Development
("HUD"). The City of Longmont ("City") is the Lead Agency for the BCC and is also
responsible to monitor recipients of the CDBG-DR funds for compliance with the terms of their
award. In the execution of these responsibilities, the City may on occasion seek to recapture
funds awarded to residents or sub-grantees ("recipients") who did not spend the funds according
to the rules of the Program, or who were awarded funds erroneously. HUD does not distinguish
between persons who received funds due to an error on the part of staff or an error on the part of
the applicant, however HUD does have different recapture ("collection") processes for residents
who deliberately withheld or falsified information in the application process, as this is fraud.
HUD has no set guidelines or regulations for recapture of funds from individuals. This plan and
timeframe was designed to be consistent with OMB Circular A-87 (2 CFR Part 225), OMB
Circular A-85, 31 U.S.C. 37 901 and 902, 24 CFR 17 Subpart C, 31 CFR, Forgivable Promissory
Note, Homeowner/Contractor Agreement, closing documents and/or Grant Agreements signed
by recipients of the program, and is designed to provide guidance on recapturing funds
erroneously given out or erroneously spent through the HUD CDBG-Disaster Recovery Program
("Program") from the 2013 flood in Boulder County.
The first part of this plan deals with recapture procedures for funds awarded erroneously or for
Program non-compliance. The second part of this plan deals with the recapture of funds
obtained fraudulently. In the third part of the plan, BCC puts forth the method by which it will
redistribute the recaptured funds within the local community.
Background
The City of Longmont, as the Lead Agency for the BCC, conducts an internal review of Program
files. The review is to determine that in the awarding and disbursing of Program funds, the files
are documented according to program policies. Documentation must be in the files and the
review is to determine whether safeguards exist to ensure that recipients use funds for their
intended purposes.
The Statute of Limitations for initiating recapture proceedings is six (6) years following
signature on the application forms [24 CFR 2835(a)].
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Choice to Not Recapture or Settle for Less than Whole Amount
The various federal regulations cited above establish the City as the Lead Agency with authority
to recapture the full amount of ineligible assistance whether awarded due to errors by BCC
Partners or a Housing Assistance Program recipient. However, for claims under $100,000, if the
City, State, or HUD determines that the recipient cannot repay ineligible grant assistance, BCC
may choose to 1) forgive the funding; or 2) negotiate another amount. If negotiated, the City
may defer the repayment to sale, refinance, or transfer of the existing home or otherwise place a
lien on the property, or enter into a repayment plan with the recipient. BCC defines "ability to
pay" as: "determined based on an assessment of the respondent's resources available both
presently and prospectively from which BCC could ultimately recover the total award, which
maybe predicted based on historical evidence."
The City will make initial determinations and bring findings to the BCC in determining whether
to recapture ineligible assistance. The BCC will consider the cost effectiveness of such action
given the amount of ineligible assistance and the availability of records to support BCC's
determination.
BCC may forgo collection of ineligible assistance if the following conditions are met:
1. A demand for recovery of the ineligible assistance was made; and
2. The ineligible assistance did not result from inaccurate or false information,
knowingly or fraudulently, provided by the recipient; and
3. BCC determines that the recipient is unable to comply with the ineligible
assistance repayment demand, but is otherwise willing and able to meet BCC
requirements; and
4. BCC determines that it is in the best interest of the Federal Government to forgo
collection of the ineligible assistance for amounts less than $5,000. BCC will
normally return files concerning default amounts that are less than a threshold
amount of $5,000 because the minimum cost to pursue a legal proceeding to
recover money is unlikely to be less than that amount.
Note that ALL FOUR conditions above must be met for forbearance.
BCC may elect to accept a compromise settlement. If a compromise amount is negotiated and
then put on an installment plan, the executed contract must say that if the recipient defaults, the
recipient will owe the ENTIRE amount of the originally determined ineligible assistance, not just
the negotiated amount. Assessment of a recipient's negotiated compromise amount will be based
on the recipient's financial statements, obtained on penalty of perjury, showing assets, liabilities,
income, expenses, credit reports and other pertinent financial information,31 U.S.C. 902.2(g).
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Requirements for Recapturing Funds Awarded Erroneously or for
Non-Compliance with Program Rules
Notification
The City will provide notice to recipients upon determining that ineligible assistance was
received. The notice will be delivered by registered or certified mail, or will be delivered by
some other means that can be confirmed and documented. The notice will:
1. Specify in detail the reason(s) that the assistance was determined to be ineligible,
stating the amount of ineligible assistance to be repaid;
2. Offer a meeting for the recipient to discuss the basis for the claim giving the recipient
an opportunity to provide facts, figures, written records, or other information that might
alter the determination that the assistance was ineligible;
3. Outline the recipients appeal rights;
4. Specify the address to which a response must be sent;
5. Contain a statement that failure to submit an answer within fifteen (15) days of receipt
of the letter may result in the imposition of the maximum amount of penalties,
allowable by law/regulation, and assessments sought.
Generally, the City will set the meeting within thirty (30) days of the date of the initial letter.
Upon request, the City may grant additional time for the recipient to assemble the necessary
documentation. If additional time is granted, the recipient file will be documented, on a case-by-
case basis, as to why additional time was granted.
Corrective Action
If the problem causing the assistance to be ineligible can be corrected, appropriate corrective
action will be required. For example;
• Where the recipient is a homeowner and did not follow the Forgivable Promissory Note
requirement to obtain flood insurance, the insurance must be obtained promptly, and
upon demonstrating proof of insurance, the recipient will re-sign the Forgivable
Promissory Note in order to restart the term of the loan, also known as the Effective
Period.
• If the recipient is a homeowner and is not using the house as his or her primary
residence, when the recipient proves (s)he has moved into the home permanently, the
Forgivable Promissory Note document will be re-signed and the Effective Period will
restart.
• If a sub-grantee executes a change order on an infrastructure project without a sufficient
cost estimate and signatures, then the recipient will need to obtain a cost estimate that
justifies the change in costs and also get appropriate signatures.
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If the recipient is a homeowner and the problem causing the assistance to be ineligible cannot be
corrected, a recipient who has defaulted on the requirements but wishes to remain in the dwelling
may stipulate to reverting from the current loan structure and converting the loan into a
conventional non-forgivable mortgage loan having a fixed term (between five (5) and fifteen
(15) years), or into a deferred loan with repayment of principal and interest due at sale, refinance,
or transfer of the property at the currently prevailing interest rate. Examples of an irremediable
violation of a Forgivable Promissory Note are:
• The homeowner is renting the property and is unwilling to terminate the lease.
• The homeowner will not allow final inspection.
• The homeowner received more monies than what was reported in the application for
federal assistance.
For recipients of assistance under the Buyout or Acquisition Programs, if the recipient refuses a
repayment plan or ceases payments on the repayment plan, the City will institute legal
proceeding to recover the funds since there will be no mechanism available for the City to lien a
property that was already sold.
If a sub-grantee has expended funds ineligibly and a corrective action cannot be determined, then
the City will negotiate a zero interest loan repayment plan with the sub-grantee.
Repayment Agreement
If violations are irremediable, then the City may seek repayment of all ineligible assistance
received by a recipient, plus the cost of collection to the fullest extent permitted by law. The
City's efforts to collect ineligible assistance may include repayment agreements, court orders,
garnishment of wages and/or income tax returns, the use of private or public collection agents,
intergovernmental agreements with the BCC Partner, and any other remedies available, on a
case-by-case basis.
The recipient may repay BCC in a lump-sum payment of the entire amount or by entering into a
repayment agreement. A recipient who is a homeowner and who has defaulted on the
rehabilitation requirements but wishes to remain in the dwelling, may agree to converting the
current loan into a conventional non-forgivable mortgage loan having a fixed term (between five
(5) and fifteen (15) years) at the currently prevailing interest rate.
A repayment agreement is a formal document prepared by the City and signed by the recipient,
in which the recipient acknowledges the debt and the amount owed. The agreement specifies:
1.The amount to be paid, including processing fees;
2.How the amount owed is to be repaid;
3.Where payments are to be sent;
4.The specific date each month when the payment is due; and
5.Consequences of delinquent or defaulted payments.
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The terms will not require prohibitive payments for the homeowners that would force the
recipient to sell the property (except in cases of fraud), and will be over a period of time
consistent with the recipient's ability to pay. However, the City will not pursue the debt if
notification of the right to collect the debt has not been communicated to the recipient within ten
(10) years of the City's right to collect the debt first accrued, unless facts material to the City's
right to collect were not known, 31 U.S.C. 901.4.
31 U.S.C. 901.8(g) allows the City to decide not to charge interest on the repayment
agreement; if it can be shown that interest is "against equity and good conscience." The
recipient will pay a set fee each payment period equaling the repayment amount, plus the
processing costs of collection, 31 U.S.C. 901.9(c). BCC approval of a repayment schedule will
take into consideration the best interests of the recipient, the BCC, the State of Colorado, and the
Federal Government.
A lien will be placed on the property for the duration of the payment schedule, 31 U.S.C.
901.8(c). The City will retain copies of all correspondence and a record of all conversations
between the City and a recipient regarding ineligible assistance received by a recipient. If a
recipient refuses to enter into a repayment schedule, the City will initiate enforcement actions
such as civil or criminal penalties.
31 U.S.C. 3711(e) states that HUD, (the City in this case), must report the recipient to the
Consumer Credit Reporting Agencies if the recipient goes past due on the payment plan or if a
settlement is not reached.
Requirements for Collecting Ineligible Assistance Obtained by Possible Fraud:
NOTE. 24 CFR 28.10 (d) states that no proof of specific intent to defraud is required to
establish liability under this program. If the BCC paid too much assistance on the recipient's
behalf because of discrepancies in information furnished by the recipient, and if the City has
sufficient evidence that the recipient intentionally misrepresented its circumstances, the City
must pursue debt collection. In cases where the City has compelling evidence that the recipient
knowingly omitted or falsified information in order to receive a Housing Assistance Grant,
Buyout or Acquisition Assistance, Rental Assistance, or Infrastructure Grant, the City will seek
repayment of all ineligible assistance received by the recipient by turning the case directly over
to the HUD Office of Inspector General (OIG) and local law enforcement officials.
General Administrative Procedures
The City may choose to handle collections or may decide to hire a private collection agency to
handle collections for this program (31 U.S.C. 901.5) as long as the following conditions are met
in the contract with the collection agency:
1. The collection agency is a City-approved collector who can transfer funds to the
City;
2. The City retains the right to resolve disputes, to compromise debts (negotiate
settlement amounts less than the full amount), suspend or terminate collection,
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and refer debt for litigation;
3. The collection agency cannot offer debtors discounts or incentives;
4. The contract with the collection agency requires the collection agency to follow
the Privacy Act of 1974 and State and Federal laws for debt collection practices,
including the Fair Debt Practices Act, 15 U.S.C. 1692; and
5. The collection agency accounts for all amounts collected.
The City will be responsible for file and documentation maintenance, communication with
recipients, and arrangements for appeals hearings. The City is also responsible for reports to the
State or HUD. The City will manage procurement of a private collection agency and payment of
same, if this method of collection is chosen, and other financial matters associated with the
Program, using approved BCC and federal procurement and financial accounting standards if it
chooses to hire a collection agency.
The City will maintain full and complete documentation of all debt, calculations performed, and
communications with recipients. In all communications, precaution must be taken to prevent the
distribution of any Personally Identifiable Information (PII).
Administrative costs on recapture will reflect only the actual costs of recapture.
The City or designee will collect the monies due, and all collections data will be entered as a
miscellaneous "Housing Program Collection," "Buyout Program Collection," or "Infrastructure
Program Collection." This category will be added to the City's financial chart of accounts. The
City will ensure that all money collected from the recipient is reported to the State and/or HUD
and repaid to the State and/or HUD, if required.
Redistribution Plan
Any funds recaptured by the City through its efforts will be returned to the BCC account. These
funds will be made available for redistribution by BCC within the Housing Assistance Program,
Buyout/Acquisition Program, or the Infrastructure Program, whichever is applicable. Funds
recovered from the Program will be reassigned to the same Program. New recipients will be
selected from the wait list in priority order based on the existing Program rules.
New recipients will be identified and contacted as funds come available. No commitments will
be made based on projected collections.
If collected funds exceed eligible recipients at Program end, remaining collected funds will be
transferred to another CDBG-DR eligible activity after approval by the State or HUD of a
substantial amendment.
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BOULDER COUNTY COLLABORATIVE RECAPTURE PLAN
APPENDIX
STEPS IN THE PROCESS FOR THOSE ELIGIBLE TO RESTART THE EFFECTIVE
PERIOD
1. Verify, to the extent possible, that all information in the recipient's file is current,
complete, and accurate.
2 The City will send a certified NOTICE OF CONCERNS REGARDING PROMISSORY
NOTE EFFECTIVE PERIOD letter to the recipient indicating that the recipient is out
of compliance on Forgivable Promissory Note, but that the five (5) year Effective
Period can be restarted by having the recipient agree to comply with all provisions of
the Promissory Note. Appeal information will also be included in the letter.
(A) If the recipient responds to the initial notification within fifteen (15) days of the
date of the letter and agrees to restart the Effective Period, completes all required
paperwork to document the resolution of compliance issues, re-signs the
Promissory Note with the new Effective Date, no further action will be required
and recapture will not be necessary.
(B) If the recipient responds to the initial notification within fifteen(15) days of the
date of the letter and opts to appeal, (s)he must follow the procedure outlined in
the BCC Housing Program Appeals Procedure, copies of which are available
from the City.
(C) If the recipient responds to the initial notification within fifteen (15) days of the
date of the letter and opts to pay back the funds, the City will work with the
recipient to negotiate a repayment plan and complete necessary documentation.
The City may negotiate a reduced or fully waived repayment under certain
conditions of financial hardship proven by the recipient. Assessment of a
recipient's negotiated compromise amount will be based on the recipient's
financial statements, obtained on penalty of perjury, showing assets, liabilities,
income, expenses, credit reports, and other pertinent financial information. This
reduction of payment must have prior approval from the State or HUD. The
City will place a lien on the property for the duration of the payment schedule,
and release it once the debt is fully paid. Actual administrative costs of
recapture may be added to the payment amount for each payment period.
(D) If the recipient does not respond within fifteen (15) days from the date of the
first letter, a second certified NOTICE OF SERIOUS ONGOING CONCERNS
letter will be sent to the recipient. This letter will clearly state the basis of the
ineligible assistance determination and the amount of ineligible assistance to be
repaid, along with the recipient's appeal rights and the specific actions to be
taken by the City. This letter will also specify a date and time for a meeting with
BCC officials, approximately fifteen (15) days from the date of this letter, to
discuss the issues stated in the letter. The recipient will have the opportunity to
reschedule the meeting to a more convenient date and time, provided the
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response is prior to the originally scheduled meeting date.
(E) If the recipient does not respond to the second letter within the allotted time
period, a third certified FINAL DETERMINATION NOTICE/DEMAND LETTER
will be sent to the recipient. This letter will state that recapture proceedings will
be initiated thirty (30) days from the date of the letter unless the recipient
initiates the formal appeal process before then. If there is no response from the
recipient, the file will be turned over to the legal department or a collection
agency for recapture. The City will report the recipient to Credit Reporting
Bureaus.
3. If a compromise amount is negotiated and then put on an installment plan, the contract
must say that if the recipient defaults, (s)he will owe the ENTIRE amount of the
distribution and not just the negotiated amount.
4. For any negotiated settlements where full payment is not immediate, upon
discharge of the debt, the discharge must be reported to the State or HUD.
STEPS IN THE PROCESS OF RECAPTURING A NON-FRAUDULENT DISTRIBUTION
1. Verify, to the extent possible, that all information in the recipient's file is current,
complete, and accurate.
For Housing Assistance or Buyout/Acquisition Program Recipients:
2. The City will send a certified NOTICE OF CONCERNS letter to the recipient
detailing the specific compliance issue which compels recapture of the
distribution.
(A) If the recipient responds to the initial notification within fifteen (15) days of the
date of the letter and can provide documentation proving compliance with the
Forgivable Promissory Note, or in the case of buyouts, documentation to the
contrary of funds received, the City will update the file accordingly and
document the satisfactory resolution.
(B) If the recipient responds to the initial notification within fifteen (15) days of the
date of the letter and can show that the concern stated in the letter can, in fact, be
remediated and the recipient is willing to do so and restart the Effective Period,
refer to STEPS IN THE PROCESS FOR THOSE ELIGIBLE TO RESTART THE
EFFECTIVE PERIOD for guidance.
(C) If the recipient responds to the initial notification within fifteen (15) days of the
date of the letter and opts to appeal, (s)he must follow the procedure outlined in the
BCC Housing Program Appeals Procedure, copies of which are available from the
City of Longmont.
(D) If the recipient responds to the initial notification within fifteen (15) days of the
date of the letter and opts to pay back the funds, the City will work with the
recipient to negotiate a repayment plan and complete necessary documentation.
The City may negotiate a reduced or fully waived repayment under certain
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conditions of financial hardship proven by the recipient. Assessment of a
recipient's negotiated compromise amount will be based on the recipient's
financial statements, obtained on penalty of perjury, showing assets, liabilities,
income, expenses, credit reports, and other pertinent financial information. This
reduction of payment must have prior approval from the State and/or HUD. The
City will place a lien on the property for the duration of the payment schedule, and
release it once the debt is fully paid. Actual administrative costs of recapture may
be added to the payment amount for each payment period.
(E) If the recipient does not respond within fifteen (15) days from the date of the first
letter, a second certified NOTICE OF SERIOUS ONGOING CONCERNS letter will
be sent to the recipient. This letter will clearly state the basis of the ineligible
assistance determination and the amount of ineligible assistance to be repaid, along
with the recipient's appeal rights and the specific actions to be taken by the City.
This letter will also specify a date and time for a meeting with BCC officials,
approximately fifteen (15) days from the date of this letter, to discuss the issues
stated in the letter. The recipient will have the opportunity to reschedule the
meeting to a more convenient date and time, provided the response is prior to the
originally scheduled meeting date.
(F) If the recipient does not respond to the second letter within the allotted time period,
a third certified FINAL DETERMINATION NOTICE/DEMAND letter will be sent to
the recipient. This letter will state that recapture proceedings will be initiated thirty
(30) days from the date of the letter unless the recipient initiates the formal appeal
process before then. If there is no response from the recipient, the file will be
turned over to the legal department or collection agency for recapture.
For Sub-grantees (BCC Partners)Recipients:
3. The City will send a certified NOTICE OF CONCERNS letter to the recipient
detailing the specific compliance issue which compels recapture of the distribution.
(A) If the recipient responds to the initial notification within fifteen (15) days of
the date of the letter and can provide documentation proving compliance or a
feasible alternative solution, the City will update the file accordingly and
document the satisfactory resolution.
(B) If the recipient does not respond within fifteen (15) days from the date of the
first letter, a second certified NOTICE OF SERIOUS ONGOING CONCERNS
letter will be sent to the recipient. This letter will clearly state the basis of the
ineligible assistance determination and the amount of ineligible assistance to
be repaid, along with the recipient's appeal rights and the specific actions to be
taken by the City. This letter will also specify a date and time for a meeting
with BCC officials, approximately fifteen (15) days from the date of the letter,
to discuss the issues stated in the letter. The recipient will have the
opportunity to reschedule the meeting to a more convenient date and time,
provided the response is prior to the originally scheduled meeting date.
(C) If the recipient does not respond to the second letter within the allotted time
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period, a third certified FINAL DETERMINATION NOTICE/DEMAND letter
will be sent to the recipient. This letter will state that recapture proceedings
will be initiated thirty (30) days from the date of the letter unless the recipient
initiates the formal appeal process before then. If there is no response from the
recipient, the file will be turned over to the legal department or a collection
agency for recapture.
4. The City will maintain reports for collections not in default on a quarterly basis and
aggregate the data.
5. The aggregated data will be reported quarterly to the State.
6. If a compromise amount is negotiated and then put on a repayment plan, the contract
must say that if the recipient defaults, the recipient will owe the ENTIRE amount
determined ineligible and not just the negotiated amount.
7. For any negotiated settlements where full payment is not immediate, upon discharge of
the debt, the discharge must be reported to the State and/or HUD.
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Approkal and Rcvisiou Tracking
Policy and BCC Recapture Plan Original Approval Date
Procedure
Name
Complete the below for each revision:
No. Brief Description of Revision Date sent for Signature of Person Date/Approval
Approval Approving
I
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APPENDIX H
DUPLICATION OF BENEFITS AFFIRMATION
SUBJECT: AFFIRMATION OF DUPLICATION OF BENEFITS FOR BOULDER COUNTY
COLLABORATIVE CDBGDR PROGRAM
Grant Recipient Local Government: City of Boulder
By entering into this Agreement, the Delegate affirms the following:
The Delegate acknowledges the Lead Agency received CDBG disaster recovery funds through a
contract with the State of Colorado on behalf of the Boulder County CDBG-DR Collaborative.
The Delegate hereby affirms that no additional sources or amounts of matching funds beyond
those indicated at the time of this CDBG-DR award for housing, infrastructure, or other
applicable disaster recovery assistance have been obtained or will be utilized for the project(s)
authorized under this intergovernmental Agreement.
Duplication of Benefits sources include, but are not limited to, the Federal Emergency
Management Agency (FEMA), Army Corp of Engineers (USACE), Federal Highway
Administration (FHWA), private insurance companies, the National Flood Insurance Program
(NFIP), state or federal grants, the Small Business Administration (SBA), and Not for Profit
Agency Assistance.
The Delegate understands the responsibility to immediately notify the State of Colorado if any
additional funds are received for the project(s) contained in the application cited above. In
addition, the Lead Agency will follow its prescribed Recapture Plan, if and when it becomes
necessary, to try to recoup funds that are a non-reported Duplication of Benefits from Delegate.
Under penalty of perjury of violation of federal and state laws applicable to the application for a
grant under the program, the Delegate hereby states and certifies to the United States Department
of Housing and Urban Development and the State of Colorado that by approving and signing this
Agreement, the information included in this intergovernmental Agreement is true and accurate
and that if at any time the Delegate becomes aware that the information included is inaccurate, it
is the responsibility of the Delegate to bring the inaccuracy to the attention of the program.
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