HomeMy WebLinkAbout2022 Ordinance No. 0121
BY AUTHORITY
ORDINANCE NO. 12 COUNCIL BILL NO. 13
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER RUSSELL
AN ORDINANCE AUTHORIZING A GRANT AGREEMENT WITH THE
COLORADO DEPARTMENT OF LOCAL AFFAIRS FOR GRANT FUNDS
FOR ADMINISTRATION ACTIVITIES FOR INNOVATIVE HOUSING
STRATEGIES AND ACCEPTANCE OF GRANT FUNDS.
WHEREAS, Colorado HB21-1271 creates three new programs for the purpose of offering
grant money and other forms of state assistance to local governments to promote innovative
solutions to the development of affordable housing across the state; and
WHEREAS, the Department of Local Affairs (DOLA) Division of Local Government
(DLG), Community Development Office (CDO) will administer two of the new programs, the
Affordable Housing Development Incentives Grant Program and the Planning Grant Program;
and
WHEREAS, the Planning Grant Program provides grants to local governments to help
them understand their housing needs and adopt policy and regulatory strategies to qualify for the
Affordable Housing Development Incentives Grant Program; and
WHEREAS, the City Council of the City of Englewood authorized the City of
Englewood to submit an application to DOLA for an Innovative Housing Strategies Grant by the
passage of Ordinance No. 35, Series of 2021; and
WHEREAS, the City of Englewood submitted an application to DOLA for an Innovative
Housing Strategies Grant of $80,000, with a City of Englewood matching contribution of
$80,000, for a project total of $160,000; and
WHEREAS, the City of Englewood has been awarded a grant from the Innovative
Housing Planning Grant Program in the amount not to exceed $80,000, with a City of Englewood
matching contribution of $80,000, for a project total of $160,000, for the completion of a
community housing needs assessment and development of several housing strategies for adoption
into the Unified Development Code in conjunction with the CodeNext project; and
WHEREAS, this Ordinance will authorize the Grant Agreement between DOLA and the
City of Englewood to accept the grant from the Innovative Housing Planning Grant Program in
the amount of $80,000, with a City of Englewood matching contribution of $80,000, for a project
total of $160,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT:
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Section 1. The City Council of the City of Englewood, Colorado hereby authorizes
the Grant Agreement for and acceptance of the Innovative Housing Planning Grant Program
grant, a copy of which is marked as “Exhibit A” and attached hereto.
Section 2. The City Council of the City of Englewood, Colorado has appropriated
$80,000 in matching funds from Fund 46 the City Housing Rehabilitation Enterprise Fund
for said Innovative Housing Planning Grant Program grant and authorizes the expenditure of
funds necessary to meet the terms and obligations of the awarded grant.
Introduced, read in full, and passed on first reading on the 7th day of March, 2022.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day
of March, 2022.
Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day
of March, 2022 for thirty (30) days.
Read by Title and passed on final reading on the 21st day of March, 2022.
Published by Title in the City’s official newspaper as Ordinance No. 12, Series of 2022,
on the 24th day of March, 2022.
Published by title on the City’s official website beginning on the 23rd day of March, 2022
for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Othoniel Sierra, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above
and foregoing is a true copy of the Ordinance passed on final reading and published by Title as
Ordinance No. 12, Series of 2022.
Stephanie Carlile
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IHOI’
CTGGI NLAA 2022"3070
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
Slnle Agency DLG Pui-mi Number CMS Nurnbur
Dcpar:mcnloFLm:i1|Affairs L301./x)IHOP—PLN0l8 173335
Grantee Grant Award Arnauni Rminage Anuiunc
Cily of Englewood $80,000.00 $4,000.00
Project Number and Name
II I01’-PLNOI s Englewood InnovativeHousing Slrategy
Planning
Performance Start Date
The lzilcrufthc Effective Date
or Januar 27.2022
Gram Expiration Date
September 30.2023
Project Description
The Pmjecl consisvs or hiring 21 qualified consullzinl lo
and land use code/policy updates Io inccnlivizc and/or
reduce barriers lo affordable housing development‘
Program Name
lnnovalive 1iousmg Planning Uranl Pmgrzim UHUI’)
perrumi a housing needs zisscssmciu.catalyst siie I:\a1ua|Iun.Funding Source
STATE FUNDS
Catalog of Federal Domestic Assistance (CFDA)Number
N/A
non Regional Manager
Greg En (970)330-4065,(greg.eIl@sIate.c0.us)
Funding Account Codes
DOLA Regional Assistant
Ghedn Gnxoll 303 842-6318
glledmgmxou_Zl1stale.co.us)
Address
14147 Code
VCUST#
CN002 EFT
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
DEPARTMENT OF LOCAL AFFAIRS
PROGRAM REVIEWER
_u.....s...n.u in
C 1nA754ag?B74EZ
By:ChI'iS|yWiscman.IHOP Program Manager
paw;2/4/2022 1 >5 PM Msr
STATE OF COLORADO
Jared S [’uli:.Govcinor
DEPARTMENT OF LOCAL AFFAIRS
Rick M Garcia.Extculive Director
,—nM..=i.,..»u nu-
%
oDzaAs77n7aaAs2
By:Rick M.Garcia.Executive Director
Dziie:2/4/2022 I 3:37 PM MST
In accordance with §24-30-202 C.R.S.,Il1is Grant is not valid until signed and dated below by ihe State Controller
or an autlmiizeddelegate (the “Effective Date“).
Efftctive Dale:
STATE CONTROLLER
Roherl Jams CPA MBA JD
Cumuiumm.
By:Beulah Mcssick.Cnnlm|lcrDclcga1c
Depzinmeni ofLocal Ar rs
2/9/2022 ]7:29 PM MST
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3.
TERMS AND CONDITIONS
GRANT
As ofthe Performance Stan Date,the State Agency shown on the Summary ofGrant Award Terms
and Conditions page of this Grant Award Letter (the “State”)hereby obligates and awards to
Grantee shown on the Summary ofGrant Award Terms and Conditions page ofthis Grant Award
Letter (the “Grantee")an award of Grant Funds in the amount shown on the Summary of Grant
Award Terms and Conditions page of this Grant Award Letter.By accepting the Grant Funds
provided under this Grant Award Letter.Grantee agrees to comply with the terms and conditions
of this Grant Award Letter and requirements and provisions of all Exhibits to this Grant Award
Letter.
TERM
A.
C.
Initial Grant Term and Extension
The Parties’respective performances under this Grant Award Letter shall commence on the
Performance Stan Date and shall terminate on the Grant Expiration Date unless sooner
terminated or further extended in accordance with the terms ofthis Grant Award Letter.Upon
request ofGrantee,the State may,in its sole discretion,extend the term ofthis Grant Award
Letter by providing Grantee with an updated Grant Award Letter or an executed Option Letter
showing the new Grant Expiration Date.
Early Termination in the Public Interest
The State is entering into this Grant Award Letter to serve the public interest ofthe State of
Colorado as determined by its Governor,General Assembly,or Courts.lfthis Grant Award
Letter ceases to further the public interest ofthe State or ifState,Federal or other funds used
for this Grant Award Letter are not appropriated,or otherwise become unavailable to fund
this Grant Award Letter,the State,in its discretion,may terminate this Grant Award Letter
in whole or in part by providing written notice to Grantee.lfthe State terminates this Grant
Award Letter in the public interest,the State shall pay Grantee an amount equal to the
percentage of the total reimbursement payable under this Grant Award Letter that
corresponds to the percentage of Work satisfactorily completed,as determined by the State,
less payments previously made.Additionally,the State,in its discretion,may reimburse
Grantee for a portion of actual,out—of-pocketexpenses not otherwise reimbursed under this
Grant Award Letter that are incurred by Grantee and are directly attributable to the
uncompleted portion of Grantee’s obligations,provided that the sum of any and all
reimbursements shall not exceed the maximum amount payable to Grantee hereunder.This
subsection shall not apply to a termination ofthis Grant Award Letter by the State for breach
by Grantee.
Reserved.
AUTHORITY
Authority to enter into this Grant Award Letter exists in the law as follows:
A.State Authority
Authority to enter into this Grant exists in C.R.S.2432-106 and 29-35-10]and funds have
been budgeted,appropriated and otherwise made available pursuant to C.R.S.24-32-130
(Local Government Planning Grant Program)and a sufficient unencumbered balance thereof
remains available for payment.Required approvals,clearance and coordination have been
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B.
accomplished from and with appropriate agencies.This Grant Award Letter is funded.in
whole or in part,with State funds.
Reserved.
4.DEFINITIONS
The following terms shall be construed and interpreted as follows:
A.
B.
C.
D.
1’!E3F.2
Reserved.
Reserved.
“CORA"means the Colorado Open Records Act,§§24-72-200.1 er..req.,C.R.S.
“Exhibits”means the following exhibits attached to this Grant Award Letter:
i.Exhibit B,Scope ofProject
ii.Exhibit G,Form ofOption Letter
“Extension Term”means the period oftime by which the Grant Expiration Date is extended
by the State through delivery ofan updated Grant Award Letter,an amendment,or an Option
Letter.
Reserved.
Reserved.
“Goods”means any movable material acquired,produced,or delivered by Grantee as set
forth in this Grant Award Letter and shall include any movable material acquired,produced,
or delivered by Grantee in connection with the Services.
"Grant Award Letter"or "Grant”means this letter which offers Grant Funds to Grantee,
including all attached Exhibits,all documents incorporated by reference,all referenced
statutes,rules and cited authorities,and any future updates thereto.
“Grant Expiration Date”means the Grant Expiration Date shown on the Summary ofGrant
Award Terms and Conditions page of this Grant Award Letter.Work performed after the
Grant Expiration Date is not eligible for reimbursement from Grant Funds.
“Grant Funds”or “Grant Award Amount”means the funds that have been appropriated,
designated,encumbered,or otherwise made available for payment by the State under this
Grant Award Letter.
“Ineident“means any accidental or deliberate event that results in,or constitutes an imminent
threat of,the unauthorized access or disclosure of State Con?dential information or of the
unauthorized modi?cation,disruption,or destruction ofany State Records.
“Initial Term”means the time period between the Performance Start Date and the initial
Grant Expiration Date.
Reserved
“Other Funds"means all funds necessary to complete the Project,excluding Grant Funds.
Grantee is solely responsible for securing all Other Funds.
“Party"means the State or Grantee.and “Parties”means both the State and Grantee.
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.N.'<?<€.<.CH5”F
AA.
BB.
CC.
DD.
EE.
FF.
GG.
HH.
II.
JJ.
“Performance Start Date”means the later of the Performance Start Date or the Execution
Date shown on the Summary ofGrant Award Terms and Conditions page ofthis Grant Award
Letter.
Reserved.
Reserved.
Reserved.
“Project"means the overall project described in Exhibit B,which includes the Work.
“Project Budget”means the amounts detailed in §6.2 ofExl1ibit B.
Reserved.
Reserved.
“Services“means the services performed by Grantee as set forth in this Grant Award Letter,
and shall include any services rendered by Grantee in connection with the Goods.
“State Con?dential Information”means any and all State Records not subject to disclosure
under CORA.State Con?dential lnforntation shall include,but is not limited to State
personnel records not subject to disclosure under CORA.
“State Fiscal Rules"means the ?scal rules promulgated by the Colorado State Controller
pursuant to §24-30~202(l3)(a)C.R.S.
"State Fiscal Year"means a l2 month period beginning on July 1 ofcach calendar year and
ending on June 30 ofthe following calendar year.lfa singlc calendar year follows the term.
then it means the State Fiscal Year ending in that calendar year.
“State Records”means any and all State data,information,and records.regardless of
physical form,including,but not limited to,information subject to disclosure under CORA.
Reserved.
“Subcontractor”means third-parties,if any,engaged by Grantee to aid in performance of
the Work.“Subcontractor”also includes sub-grantees.
Reserved.
Reserved.
Reserved.
“Work”means the delivery of the Goods and performance ofthe Services described in this
Grant Award Letter.
“Work Product"means the tangible and intangible results ofthe Work,whether ?nishcd or
un?nished,including dra?s.Work Product includes,but is not limited to,documents,text,
software (including source code),research,reports,proposals,speci?cations,plans,notes,
studies,data,images,photographs,negatives,pictures,drawings,designs,models,surveys,
maps,materials,ideas,concepts,know-how,and any other results of the Work."Work
Product"does not include any material that was developed prior to the Performance Start
Date that is used,without modi?cation,in the performance of the Work.
Any other term used in this Grant Award Letter that is de?ned in an Exhibit shall be construed and
interpreted as de?ned in that Exhibit.
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5.PURPOSE
The purpose ofthe lnnovative Housing Planning Grant Program is to assist political subdivisions
to assess the housing needs ofits communities and promote the development ofaffordable housing.
The purpose ofthis Grant is described in Exhibit B.
SCOPE OF PROJECT
Grantee shall complete the Work as described in this Grant Award Letter and in accordance with
the provisions of Exhibit B.The State shall have no liability to compensate or reimburse Grantee
for the delivery of any goods or the performance of any services that are not speci?cally set forth
in this Grant Award Letter.
PAYMENTS TO GRANTEE
A.Maximum Amount
Payments to Grantee are limited to the unpaid.obligated balance of the Grant Funds.The
State shall not pay Grantee any amount under this Grant that exceeds the Grant Award
Amount shown on the Summary ofGrant Award Terms and Conditions page of this Grant
Award Letter.
i.The State may increase or decrease the Grant Award Amount by providing Grantee
with an updated Grant Award Letter or an executed Option Letter showing the new
Grant Award Amount.
ii.The State shall not be liable to pay or reimburse Grantee for any Work performed or
expense incurred before the Performance Start Date or a?er the Grant Expiration Date.
iii.Financial obligations of the State payable alter the current State Fiscal Year are
contingent upon funds for that purpose being appropriated,budgeted.and otherwise
made available.
Erroneous Payments
The State may recover,at the States discretion.payments made to Grantee in error for any
reason,including,but not limited to,overpayments or improper payments,and unexpended
or excess ?.lnds received by Grantee.The State may recover such payments by deduction
from subsequent payments under this Grant Award Letter,deduction from any payment due
under any other contracts,grants or agreements between the State and Grantee,or by any
other appropriate method for collecting debts owed to the State.
Matching Funds.
Grantee shall provide the Other Funds amount shown on the Project Budget in Exhibit B (the
“Local Match Amount”).Grantee shall appropriate and allocate all Local Match Amounts to
the purpose ofthis Grant Award Letter each fiscal year prior to accepting any Grant Funds
for that ?scal year.Grantee does not by accepting this Grant Award Letter irrevocably pledge
present cash reserves for payments in future ?scal years.and this Grant Award Lctter is not
intended to create a multiple-fiscal year debt ofGrantee.Grantee shall not pay or be liable
for any claimed interest,late charges,fees,taxes or penalties ofany nature.except as required
by Grantee’s laws or policies.
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D.Reimbursement of Grantee Costs
The State shall reimburse Grantee’s allowable costs,not exceeding the maximum total
amount described in this Grant Award Letter for all allowable costs described in this Grant
Award Letter and shown in the Project Budget in Exhibit B.
i.Upon request of the Grantee,the State may,without changing the maximum total
amount ofGrant Funds,adjust or otherwise reallocate Grant Funds among or between
each line ofthe Project Budget by providing Grantee with an executed Option Letter or
formal amendment.
Close-Out and De-obligation ofGrant Funds
Grantee shall close out this Grant no later than 90 days after the Grant Expiration Date.To
complete close out,Grantee shall submit to the State all deliverables (including
documentation)as de?ned in this Grant Award Letter and Grantee's ?nal reimbursement
request or invoice.Any Grant Funds remaining a?er submission and payment ofGrantee‘s
?nal reimbursement request are subject to de~obligati0n by the State.
8.REPORTING —NOTIFICATION
A.Performance and Final Status
Grantee shall submit all ?nancial,performance and other reports to the State no later than the
end ofthe close out period described in §7.E.
Violations Reporting
Grantee shall disclose,in a timely manner,in writing to the State.all violations of federal or
State criminal law involving fraud.bribery,or gratuity violations potentially affecting this
Award.
9.GRANTEE RECORDS
A.Maintenance and Inspection
Grantee shall make,keep,and maintain,all records,documents,communications,notes and
other written materials,electronic media ?les,and communications,pertaining in any manner
to this Grant for a period of three years following the completion of the close out of this
Grant.Grantee shall permit the State to audit,inspect,examine,excerpt,copy and transcribe
all such records during normal business hours at Grantee's of?ce or place of business,unless
the State determines that an audit or inspection is required without notice at a different time
to protect the interests ofthe State.
Monitoring
The State will monitor Grantee’s performance of its obligations under this Grant Award
Letter using procedures as determined by the State.The State shall monitor Grantees
performance in a manner that does not unduly interfere with Grantee’s performance ofthe
Work.
Audits
Grantee shall comply with all State and federal audit requirements.
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10.CONFIDENTIAL INFORMATION—STATE RECORDS
A.Con?dentiality
Grantee shall hold and maintain,and cause all Subcontractors to hold and maintain.any and
all State Records that the State provides or tnakes available to Grantee for the sole and
exclusive bene?t of the State,unless those State Records are otherwise publically available
at the time ofdisclosure or are subject to disclosure by Grantee under CORA.Grantee shall
not,without prior written approval ofthe State,use for Grantee’s own bene?t,publish,copy,
or otherwise disclose to any third party,or permit the use by any third party for its bene?t or
to the detriment of the State,any State Records,except as otherwise stated in this Grant
Award Letter.Grantee shall provide for the security ofall State Con?dential Information in
accordance with all policies promulgated by the Colorado Of?ce of Information Security
(littp://0it.statc.co.us/ois)and all applicable laws,rules,policies,publications.and guidelines.
Grantee shall immediately forward any request or demand for State Records to the States
principal representative,
Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents,employees,assigns and Subcontractors as
necessary to perform the Work,but shall restrict access to State Con?dential Information to
those agents,employees,assigns and Subcontractors who require access to perform their
obligations under this Grant Award Letter.Grantee shall ensure all such agents,employees,
assigns,and Subcontractors sign nondisclosure agreements with provisions at least as
protective as those in this Grant,and that the nondisclosure agreements are in force at all
times the agent,employee,assign or Subcontractor has access to any State Con?dential
Information,Grantee shall provide copies ofthose signed nondisclosure restrictions to the
State upon request.
Use,Security,and Retention
Grantee shall use,hold and maintain State Con?dential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States,and shall
maintain a secure environment that ensures con?dentiality of all State Con?dential
Information wherever located.Grantee shall provide the State with access,subject to
Grantee‘s reasonable security requirements,for purposes ofinspeeting and monitoring access
and use ofState Con?dential Information and evaluating security control effectiveness.Upon
the expiration or termination of this Grant,Grantee shall return State Records provided to
Grantee or destroy such State Records and certify to the State that it has done so,as directed
by the State.IfGrantec is prevented by law or regulation from returning or destroying State
Con?dential Information,Grantee warrants it will guarantee the con?dentiality o?and cease
to use,such State Con?dential Information.
Incident Notice and Remediation
lfGrantec becomes aware ofany Incident,it shall notify the State immediately and cooperate
with the State regarding recovery,remediation,and the necessity to involve law enforcement,
as determined by the State,A?er an Incident,Grantee shall take steps to reduce the risk of
incurring a similar type oflncident in the future as directed by the State,which may include,
but is not limited to,developing and implementing a remediation plan that is approved by the
State at no additional cost to the State.
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12.
13.
14.
IS.
16.
17.
CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities.or maintain any relationships that conflict in
any way with the full performance of the obligations of Grantee under this Grant.Grantee
acknowledges that,with respect to this Grant,even the appearance ofa conflict ofintcrest shall be
harmful to the States interests and absent the State’s prior written approval,Grantee shall refrain
from any practices,activities or relationships that reasonably appear to be in conflict with the full
performance ofGrantee’s obligations under this Grant.Ifa conflict or the appearance ofa conflict
arises,or if Grantee is uncertain whether a con?ict or the appearance of a conflict has arisen,
Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
States consideration,
INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance.by
commercial policy or self-insurance,as is necessary to meet its liabilities under the Colorado
Governmental lrnmunity Act,§24-I0-l0l,e!seq.,C.R.S.(the “GIA”).Grantee shall ensure that
any Subcontractors maintain all insurance customary for the completion ofthe Work done by that
Subcontractor and as required by the State or the GIA.
REMEDIES
In addition to any remedies available under any Exhibit to this Grant Award Letter.ifGrantee fails
to comply with any term or condition of this Grant,the State may terminate some or all of this
Grant and require Grantee to repay any or all Grant Funds to the State in the State’s sole discretion.
The State may also terminate this Grant Award Letter at any time ifthe State has determined,in
its sole discretion,that Grantee has ceased performing the Work without intent to resume
performance,prior to the completion ofthe Work.
DISPUTE RESOLUTION
Except as herein speci?cally provided otherwise,disputes concerning the performance ofthis
Grant that cannot be resolved by the designated Party representatives shall be referred in writing
to a senior departmental management staff member designated by the State and a senior manager
or of?cial designated by Grantee for resolution.
NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party.All notices required or permitted to be given
under this Grant Award Letter shall be in writing.and shall be delivered either in hard copy or by
email to the representative ofthe other Party.Either Party may change its principal representative
or principal representative contact information by notice submitted in accordance with this §l5.
RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual,irrevocable,non-exclusive,royalty free license,with
the right to sublicense,to make,use,reproduce,distribute,perform,display,create derivatives of
and otherwise exploit all intellectual property created by Grantee or any Subcontractors or
Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant.
GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments,boards,commissions.committees,bureaus,offices,employees and officials
shall be controlled and limited by the provisions ofthe GIA;the Federal Tort Claims Act,28 U.S.C.
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Pt.VI,Ch.171 and 28 U.S.C.l346(b),and the State’:risk management statutes.§§24-30-l50l,
at .\'€q.C.R.S.No term or condition ofthis Grant Award Letter shall be construed or interpreted as
a waiver,express or implied,of any of the immunities,rights,bene?ts,or protections of any of
these provisions.
GENERAL PROVISIONS
A.
E.
Assignment
Grantee’s rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior,written consent ofthe State.Any attempt at assignment or transfer
without such consent shall be void.Any assignment or transfer of Grantee‘s rights and
obligations approved by the State shall be subject to the provisions of this Grant Award
Letter.
Captions and References
The captions and headings in this Grant Award Letter are for convenience ofreference only,
and shall not be used to interpret,define,or limit its provisions.All references in this Grant
Award Letter to sections (whether spelled out or using the §symbol),subsections,exhibits
or other attachments,are references to sections,subsections,exhibits or other attachments
contained herein or incorporated as a part hereof,unless otherwise noted.
Entire Understanding
This Grant Award Letter represents the complete integration ofall understandings between
the Parties related to the Work,and all prior representations and understandings related to the
Work,oral or written,are merged into this Grant Award Letter.
Modi?cation
The State may modify the terms and conditions ofthis Grant by issuance ofan updated Grant
Award Letter,which shall be effective ifGrantee accepts Grant Funds following receipt of
the updated letter.The Parties may also agree to modi?cation ofthe terms and conditions of
the Grant in either an option letter or a formal amendment to this Grant,properly executed
and approved in accordance with applicable Colorado State law and State Fiscal Rules.
Statutes,Regulations,Fiscal Rules,and Other Authority
Any reference in this Grant Award Letter to a statute,regulation,State Fiscal Rule.fiscal
policy or other authority shall be interpreted to refer to such authority then current,as may
have been changed or amended since the Performance Stan Date.Grantee shall strictly
comply with all applicable Federal and State laws,rules,and regulations in effect or hereafter
established,including,without limitation,laws applicable to discrimination and unfair
employment practices.
Order of Precedence
In the event ofa conflict or inconsistency between this Grant Award Letter and any Exhibits
or attachment,such con?ict or inconsistency shall be resolved by reference to the document:
in the following order of priority:
i.Any executed Option Letter
ii.The provisions ofthis Grant Award Letter.
iii.The provisions ofany exhibits to this Grant Award Letter.
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Ill0|’-l’LN0l8 linglewood Innovative Housing su-atcgy Plztnning
G.Scverability
The invalidity or unenforceability ofany provision ofthis Grant Award Letter shall not affect
the validity or enforceability of any other provision ofthis Grant Award Letter,which shall
remain in full force and effect,provided that the Parties can continue to perform their
obligations under the Grant in accordance with the intent ofthe Grant.
Survival ofCertain Grant Award Letter Terms
Any provision of this Grant Award Letter that imposes an obligation on a Party after
termination or expiration ofthe Grant shall survive the termination or expiration ofthe Grant
and shall be enforceable by the other Party.
Third Party Bene?ciaries
Except for the Parties‘respective successors and assigns described above,this Grant Award
Letter does not and is not intended to confer any rights or remedies upon any person or entity
other than the Parties.Any services or bene?ts which third parties receive as a result ofthis
Grant are incidental to the Grant,and do not create any rights for such third pa1'ties.
Waiver
A Party’s failure or delay in exercising any right.power.or privilege under this Grant Award
Letter.whether explicit or by lack ol"enforcement.shall not operate as a waiver,nor shall any
single or partial exercise of any right,power,or privilege preclude any other or further
exercise ofsuch right,power,or privilege.
Reserved.
Digital Signatures
If any signatory signs this Grant using a digital signature in accordance with the Colorado
State Controller Contract,Grant,and Purchase Order Policies regarding the use of digital
signatures issued under the State Fiscal Rules,then any agreement or consent to Lise digital
signatures within the electronic system through which that signatory signed shall be
incorporated into this Grant by reference.
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DOCIASIQHEnvelope lD F9E795D3-5D4E-48CD-A9AEv4EE789487D56
lH()l’—|’LNO|8 Iinglewood Innmzttivc Housing Strategy Planning
EXHIBIT B —SCOPE OF PROJECT (SOP)
PURPOSE
l.l.Innovative Housing Planning Program.The purpose ofthe Innovative Housing Planning GI'ant
Program (IHOP)is to assist political subdivisions to assess the housing needs of its communities and
promote the development of affordable housing.
DESCRIPTION OF THE l’ROJECT(S)AND WORK
2.1.Project Description.The Project consists of hiring a quali?ed consultant to perform a housing needs
asscssrnent.Catalyst site evaluation,and land use codejpolicy updates to incentivize and/or reduce
barriers to affordable housing development.
.Work Description.The City of[-lnglewood ("Grantee“or “City”)will pursue adoption and re?nement
ofseveral affordable housing incentive strategies supported by the City's ongoing CodeNext Unified
Development Code rewrite and 8 robust community engagement process.The engagement process will
ensure participation by underrepresented voices as well as all key stakeholders.The City will also
perfortn a housing needs assessment and catalyst site evaluation to support and help the City identify
gaps and strategies to be effective in incentivizing the development ofa variety ofhousing products
including affordable housing (as de?ned locally or aligned with the de?nition of affordable housing in
C.R.S 24—32—l30(l)(a)as up to 80%Area Median Incotne (AMI)for rental housing and up to l40%
AM]for home ownership opportunities).The City will examine opportunities for adding community
bene?ts.Grantee must submit a Final Informal Memo that reports which strategies the City originally
proposed to pursue,the outcome ofthat exploration,which strategies were adopted (and links to the
code sections).the community engagement process used,how the process was inclusive and addressed
equity concerns,how the housing needs assessment and catalyst site evaluation (and other applicable
studies)informed policy decisions or approach.and any lessons learned.The Grantee will report
quarterly to performance metric reporting in a form provided by DOLA.Grantee will own all resulting
documents.
.Responsibilities.Grantee shall be responsible for the completion ofthe Work and to provide required
documentation to DOLA as speci?ed herein.
2.3.].Grantee shall notify DOLA at least 30 days in advance of Project Completion.
2.4.Recapture oI'Advanccd Funds.To maximize the use ofGrant Funds.the State shall evaluate
Grantee's expenditure of the Grant Funds for timeliness and compliance with the terms ofthis Grant.
DOLA reserves the right to recapture advanced Grant Funds when Grantee has not or is not complying
with the terms ofthis Grant.
.Eligible Expenses.Eligible expenses shall include:consultant fees,RFP/bid advertisements,and
attorneys fees.Ineligible expenses include administrative costs,food,or services to support
community engagement/public meetings.
DEFINITIONS
3.].Project Budget Lines.
3.I.l."Consultant Services“means consultant fees,RFP/bid advertisements,and attorneys fees.
3.2.“Substantial Completion”means the Work is suf?ciently complete in accordance with the Grant so it
can be utilized for its intended purpose without undue interference.
DELIVERABLES
4.1.Outcome.The ?nal outcome ofthis Grant is a completed housing needs assessment,catalyst site
evaluation,and land use code/zoning code updates that provide incentives and/or reduce barriers to
affordable housing developmentin the City of Englewood.In addition,a Final Informal Memo will be
submitted to DOLA for review.
4.2.Service Area.The performance ofthe Work described within this Grant shall be located in
Englewood,Colorado.
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IHOI’-[’LNOl8 Englewood lnliuvalivc Housing Strategy Planning
4.3.Performance Measures.Grantee shall comply with the following performance measures:
Milestone/Performance Measure/Grantee will:§_y_:
Begin work/Contractor mobilization.Within 90 days after the
Effective Date ofthis
Grant Award Letter.
Submit drali deliverables (housing needs assessment,land use Within 30 days before the
code/zoning code updates,and Final Informal Memo to DOLA)for first formal public
review.hearing (c.g.,Planning
Commission)is
scheduled.
Submit Quarterly Pay Requests See §4.5.2 below
Submit Quarterly Status Reports See §4.S.Z below
Submit Project Final Report December 29.2023
4.4.Budget Line Adjustments.
4.4.1.Grant Funds.Grantee may request in writing that DOLA move Grant Funds between and
among budget lines,so long as the total amount ol‘Grant Funds remains unchanged.To make
such budget line changes,DOLA will use an Option Letter (Exhibit G).
Other Funds.Grantee may increase or decrease the amount of Other Funds in any one or any
combination of budget lines as described in §6.2,or move Other Funds between and among
budget lines,so long as the total amount of such “Other Funds“is not less than the amount set
forth in §6.2 below.Grantee may increase the Total Project Cost with “Other Funds”and such
change does not require an amendment or option letter.DOLA will verify the Grantee‘s
contribution of”O1her Funds"and compliance with this section at Project Closeout.
4.5.Quarterly Pay Request and Status Reports.Beginning 30 days after the end ofthe first quarter
following execution ofthis Grant and for each quarter therea?er until termination ofthis Grant.
Grantee shall submit Pay Requests and Status Reports using a form provided by the State.The State
shall pay the Grantee for actual expenditures made in the performance ofthis Grant based on the
submission ofstatements in the format prescribed by the State.The Grantee shall submit Pay Requests
setting forth a detailed description and provide documentation of the amounts and types of
reimbursable expenses.Pay Requests and Status Reports are due within 30 days of the end of the
quarter but may be submittedmore frequently at the discretion ofthe Grantee.
4.5.l.For quarters in which there are no expenditures to reimburse,Grantee shall indicate zero (0)
requested in the Pay Request and describe the status ofthe Work in the Status Repon.The
report will contain an update of expenditure offunds by budget line as per §6.2 ofthis Exhibit
B Scope of Project as well as a projection ofall Work expected to be accomplished in the
following quarter,including an estimate ofGrant Funds to be expended.
4.5.2.Speci?c suhmittal dates.
Quarter Yeiir Due Date Pay Request Due Status Report Due
1“(Jan-Mar)2022 April 30,2022 Yes Yes
2"“(Apr-Jun)2022 July 30,2022 Yes Yes
3"‘(Jul-Sep)2022 October 30,2022 Yes Yes
4"‘(Oct-Dec)2022 January 30,2023 Yes Yes
1“(Jan-Mar)2023 April 30,2023 Yes Yes
2"“(Apr-Jun)2023 July 30,2023 Yes Yes
3"‘(Jul-Sep)2023 October 3|],2023 Yes Yes
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|llOl’-l’LN0l8 ljuglewuod Innovative Housing Strategy Planning
4.6.DOLA Acknowledgment.The Grantee agrees to acknowledge the Colorado Department of Local
Affairs in any and all materials or events designed to promote or educate the public about the Work and
the Project,including but not limited to:press releases,newspaper anicles,op-ed pieces.press
conferences,presentations and brochures/pamphlets.
5.PERSONNEL
5.1.Responsible Administrator.Grantee‘s performance hereunder shall be under the direct supervision of
Nancy Fenton,Execu ve Ass ant to D ector ofCommun Q Development,
ufenton@eng|ewoodco.gov1,who is an employee or agent of Grantee.and is hereby designated as the
responsible administrator ofthis Project and a key person under this §S.Such administrator shall be
updated through the process in §5.3.If this person is an agent of the Grantee,such person must have
signature authority to bind the Grantee and must provide evidence of such authority.
.Other Key Personnel.John Voboril Long Range Planner,1'voboril@englewoodco.govg.Such
key personnel shall be updated through the process in §5.3.
.Replacement.Grantee shall immediately notify the State ifany key personnel speci?ed in §5 ofthis
Exhibit B cease to serve.All notices sent under this subsection shall be sent in accordance with §l5 oi‘
the Grant.
54.DLG Regional Manager:Greg Ell 970 3804065 tgreg.etl@state.co.us)
5.5.DLG Regional Assistant:Gherla G5:on 303 842-6318 lredn.a oua7state.co.us
FUNDING
The State provided funds shall be limited to the amount speci?ed under the “Grant Funds”column of §6.2,
Budget.below.
6.1.Matchinyother Funds.Grantee shall provide at least 50%ofthe Total Project Cost as documented
by Grantee and veri?ed by DOLA at Project Closeout‘Initial estimates of Grantee‘s contribution are
noted in the “Other Funds“column of §6.2 below.Increases to Gramee‘s contribution to Total Project
Cost do not require modi?cation ofthis Grant Award Letter and/or Exhibit B.
.Budget
Budget Line(s)Total Project Grant Other
Cost Funds Funds
Line Cost Category
#
I Consultant Services $160,000 $80,000 $80,000
Total $160,000 $80,000 $80,000
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|l|()l’-|’l.NU|8 linglexvood lnnovativc Housing Strategy Plalilting
7.PAYMENT
Payments shall be made in accordance with this section and the provisions set forth in §7 ofthe Grant.
7.1.Payment Schedule.IfWork is subcontracted or subgranted and such Subcontractors and/or
Subgrantees are not previously paid,Grantee shall disburse Grant Funds received from the State to
such Subcontractor or Subgrantee within ?fteen days of receipt.Excess funds shall be returned to
DOLA.
Payment Amount
Interim Payment(s)$76,000 Paid upon receipt ofactual expense documentation and
written Pay Requests from the Grantee for
reimbursement of eligible approved expenses.
Final Payment $4,000 Paid upon Substantial Completion ofthe Project (as
determined by the State in its sole discretion),provided
that the Grantee has submitted,and DOLA has
accepted.all required reports.
Total $80,000
7.2.Interest.Grantee or Subgrantee may keep interest canted from Grant Funds up to S [00 per year for
administrative expenses.
ADMINISTRATIVE REQUIREMENTS
8.l.Reporting.Grantee shall submit the following reports to DOLA using the State-provided forms.
DOLA may withhold payment(s)ifsuch reports are not submitted timely.
8.l.l.Quarterly Pay Request and Status Reports.Quanerly Pay Requests shall be submitted to
DOLA in accordance with §4.5 ofthis Exhibit B.
8.1.2.1-‘inal Reports.Within 90 days after the completion ofthe Project,Grantee shall submit the ?nal
Pay Request and Status Report to DOLA.
8.2.Monitoring.DOLA shall monitor this Work on an as~neededbasis.DOLA may choose to audit the
records for activities perfonned under this Grant.Grantee shall maintain a complete tile 01'all records.
documents,communications,notes and other written materials or electronic media,?les or
communications,which pertain in any manner to the operation ofactivities undertaken pttrsuant to an
executed Grant.Such books and records shall contain documentation ofthe Grantcc‘s pertinent activity
under this Grant in accordance with Generally Accepted Accounting Principles.
8.2.1.Subgrantee/Subcontractor.Grantee shall monitor its Subgrantees and/or Subcontractors.ii‘
any.during the term ofthis Grant.Results of such monitoring shall be documented by Grantee
and maintained on ?le.
Bonds.If Project includes construction or facility improvements.Grantee and/or its contractor (or
subcontractors)performing such work shall secure the bonds hereunder from companies holding
certi?cates of authority as acceptable sureties pursuant to 31 CFR Part 223 and are authorized to do
business in Colorado.
8.3.l.Bid Bond.A bid guarantee ?'om each bidder equivalent to 5 percent ofthe bid price.The “bid
guarantee“shall consist ofa ?rm commitment such as a bid bond,certi?ed check,or other
negotiable instrument accompanying a bid as assurance that the bidder shall,upon acceptance of
his bid,execute such contractual documents as may be required within the time speci?ed.
8.3 .Pert‘ormanee Band.A performance bond on the part ofthe contractor for I00 percent of the
contract price.A “performance bond”is one executed in connection with a contract to secure
ful?llment of all the contractor's obligations under such contract.
8.3.3.Payment Bond.A payment bond on the part ofthe contractor for I00 percent of the contract
price.A “payment bond"is one executed in connection with a contract to assure payment as
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IHOP—PI.N0l8 Englewood Innovative Housing Strategy Planning
required by statute ofall persons supplying labor and material in the execution ofthe work
provided for in the contract.
8.3.4.Substitution.The bonding requirements in this §8.3 may be waived in lieu ofan irrevocable letter
of credit ifthe price is less than $50,000.
9.CONSTRUCTION/RENOVATION.The following subsections shall apply to construction and/or
renovation related projects/activities:
9.1.Plans &Speci?cations.Construction plans and speci?cations shall be drawn up by a quali?ed
engineer or architect licensed in the State of Colorado,or pre»cnginccrcd in accordance with Colorado
law,and hired by the Grantee through a competitive selection process.
9.2.Procurement,A construction contract shall be awarded to a quali?ed construction ?rm through a
formal selection process with the Grantee being obligated to award the construction comract to the
lowest responsive,responsible bidder meeting the Grantee's speci?cations.
.Subcontracts.Copies ofany and all contracts entered into by the Grantee in order to accomplish this
Project shall be submitted to DOLA upon request,and any and all contracts entered into by the Grantee
or any ofits Subcontractors shall comply with all applicable federal and state laws and shall be
governed by the laws ofthe State of Colorado.
.Stantlartls.Grantee.Subgrantees and Subcontractors shall comply with all applicable statutory design
and construction standards and procedures that may be required.including the standards required by
Colorado Department ofPublic Health and Environment,and shall provide the State with
documentation of such compliance.
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IIIUI’-Pl.N(JIK lsnglenronil lnnnuniiue l [ullsiligSlnliegy i=lnnning
Exhibit G
OPTION LETTER #Insert #Here
SIGNATURE AND COVER PAGE
State Agency DLG Portal Number Option Letter CMS
Depal1men\ofL0czl|Al‘l‘nii-s(DOLA)lnserl DLG l’or1a|Projecl ii Number
Insert CMS number for llris
Amendmenl
Grantee Previous CMS #(s)
Insert Grantee's Full Legal Name lnserl CMS number for orig Agreement.and any priur cl-lg
docs
Prujecl Number and Name Gram Amount
lnserl DOLA's pl'ujL:l:lnumber and nalnl:lniiinl Awzirdz $Inscl'l orig award nrni
Oplinn Letter #14and dale e1Tccl‘lve/spendub"$0 00
Option Lellcr M and date eff ~livc/spennable:$0,0(i
Total Grant Amount:Slllsert total award to date
DOLA Regional Mnnnger Prinr Gram Agreement curreni Grant Agreement
i .I Expiration nnie laxpirniion Date
DOLA Regional Assistanl Menili Day.Year Month Day,Yea)‘
THE PARTIES HERETO HAVE EXECUTED THIS OPTION LETTER
Each person signing ilris Option Leller represents and warrants ihai he or she is duly au1hori7ed to execute this
Option Lciler and to bind the Pany aull-lorizinghis or her signature.
STATE OF COLORADO
Jared S.Polis GOVERNOR
Colurado Department of Local Affairs
Rick M.Gal cm,Executive Director
Date:
ALL CONTRACTS REOUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires mesmr Cnnlrnller io appruve nll Siale cnnlracts.This oniinnLeiier ix noi valid uniil signeil and
union below by areSlate Conlrollcr or ilelegnie.
STATE CONTROLLER
Robe?Jams.CPA,MBA.JD
By:
Beulah Mcssick.DOLA Conll'o|lcl'Dclcgalc
Effective Date:
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Douusign Envelope ID F9E795D3-SD4E-48CD-A9AE—4EE7&9487D56
lllO|‘-PLNOIS Englewoutl Innovative Housing Strittugy |’|uni\ing
1)OPTIONS:Choose a_|lapplicable options listed In §1 and in §2
[I 2:.Option to extend (Use this nprio/1for iznmi-tan U’/Till!!!)
E]b.Change in the GranlAwi1rd Amount within the cuI'mnt term oneany Dplian/11!‘mi iiit-i-mt»(7/'
DL'c7'2axu in Gran!Fmizls,II1L'/lid/"HgXtlpplmliu/1/(IIfunding aiiitii-dd;
|:](2.Budget Linc Adjuslnu:nl(S)—I‘callUC£Ill0n ofawarded Grant Funds to Budget Linc(s)(lI.&'t:'I/7i,§'
Opliwi to i-etltxmbiiie c.\-ixtingGram Fiiiids A2-/weenbudget Iiimx)
2)REQUIRED PROVISIONS‘All Optinn Letters shall unntain the appropriate provisions set Ibrtll below:
a4 For use with Option 1(a):ln uccordancc with Section Z(A)ortiic original Grant Award Letter between the
State ol'Colorado,acting by and through the Colorado Department of Local Affairs,and Grantee's Name.the
State hereby exercise:its uption roi an additional term beginning Insert start date and ending on Insert ending
E.Tables in Sections 403 and 4.5.2 ofExhibit B are deleted and replaced with tlm lblluwingz
Milcxtnne/Performance Measure gy_:
l‘ul Project out to bid.Within _days ofthe Effective Date oftliis Grant Award
Letter.
Awnid and Finalize subcontract(s)and/or sub»[give target date]
gI'ant(s).
Provide DOLA WtlltProject Timcliniz Within
_
days driiie ElTective Date ortiie suhcontractls).
Contractor mobilization/begin wnit,Within _dnys nrtnc Elleclivc Date oftlii:suhcontract(s).
Submit Qnnnei-iy Pay Requests Sec .52 below
Submit Quanerly Status Reports S1?|f§4.5.l below
Submit Project Final Report [give date certain]
Quarter Year Due Date Pay Request Status Report
I“(Jan-Mar)2022 April 30,2022 \’es m
2-"!(Apr-JIIII)2022 .luly 30,2022 Yes \’cx
3'-*(JuI»Sep)2022 October 30,2022 Yes \'es
4"-(owned)2022 January 30.2023 Yes \'0s
1"(Jan-Mar)2023 April 30,2023 tits
2"‘(Apr-Jllll)2023 July 30,2023 Ylts
3"‘(Jul-Sop)2023 October 30.2023 Yes
4"-(OcI—Du:)2023 January 30.2024 Yes Yes
I"(Jan-Mnr)2024 April 30,2024 Yes Yes
2'"!(Apr-Jun)2024 July 30,2024 Yes Yes
3"‘(Jul-Sop)2024 October 30,2024 Yes Yes
4'"(0cI«Dcc)zou January 30,2025 Yes Yes
b.For use with Ogtion 1 b :ln accordance Willi Section 7(A)(i)01'the original Grant A\\'t'Ii'd Letter between lhc
Stale ofColoi'ad0,acting by and through the Colorado Dcpztrtmeiil of Local /\|'faiI's,and Grantee‘:Name.the
State hereby exercises its option to increase/decrease Grant Funds awai-ded for this l’l'()J at in an amount izqutilto
amt of increase or decrease ,from beginning tlollnr amt to ending dollar amt,The Grant Award Amount
shown on the Summary ufGrant Award Terms and Conditions page 0|‘this Grant Award Letter is hereby changed
to ending dollar amt.The Budget table in Section 642 and the Payment Schcdulc in Section 7.1.bath ufExliibit
B.are deleted and replaced with tho following:
Budget Linu(s)Total Project Grant Other Other
Cast Funds Fund:Funds
Linn Cnsl Cnlcgury Sourcg
if
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DocUSign Envelope ID’F9E795D3—5D4E—4ECD-ASAE-4EE7894B7D56
IHOI’-PLNOIE Englcwood Innovative llousing Strategy Planlting
Architectuml/Engineering Services
Constmctiun/Improvement of
Public Roadways
Total
Payment
Interim Pnyment(s)Find upon receipt aructuat expense dociiinentation and
mitten Pay Requests rmm(hr:Grantee fun reunburscment
ofeligiblc approved Explillscs.
Final Payment Paid upon Substantial Completion ofthe Pruycct (as
tlelemlinetl by the State in its sole dtscrettolt).provided that
the Grztnlcc has submitt=d.and DOLA hits accepted.all
required repnrts.
Toll!
c.For use with Onlimt1(:):ln accurdancc with Section 7(D)(i)u1'lhc original G nt Award LCUCIbetween the
State of Colorado,acting by and through the Colorado Department 0|"Local /\I'l rs,and Grantee‘s Name.the
State hereby exercises it option to re»aIIocate a\vaI'dr:d Grant Funds within the Project Budget.The Budget table
in Section 6.2 u|‘Ex||i t B is deleted and replaced with the lbllowing:
Budget I,ine(s)Tulal Prnjenl Grunt Other
Cast Funds Fund:
Line Cost Category simm-
::
Architcclural/Enginecrtng Services is 0.00 Gvantce
CuInstruction/Improvementof Grantee
Public Roadways
Tulal s 0.00 s 0.00 s 0400
3)Effective Date.The effective date omits Option Letter is upon approval nfthe State Controller or .whichever
is later.
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