HomeMy WebLinkAbout2022 Ordinance No. 019
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BY AUTHORITY
ORDINANCE NO. 19 COUNCIL BILL NO. 16
SERIES OF 2022 INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL SUBGRANTEE AGREEMENT FOR
2021-2022 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS BETWEEN THE ARAPAHOE BOARD OF
COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD
WHEREAS, the City Council of the City of Englewood approved the execution of an
Intergovernmental Agreement between the City of Englewood and Arapahoe County by
passage of Ordinance No. 12, Series of 2018, for funding years 2019 through 2021; and
WHEREAS, the City Council of the City of Englewood approved the execution of an
Intergovernmental Agreement between the City of Englewood and Arapahoe County by
passage of Ordinance No. 16, Series of 2020, for funding years 2020 through 2021; and
WHEREAS, the City Council of the City of Englewood approved the execution of an
Intergovernmental Agreement between the City of Englewood and Arapahoe County by
passage of Ordinance 20, Series 2021, for fiscal years 2022 through 2024; and
WHEREAS, the Energy Efficient Englewood (E3) Project has been categorized as a
housing rehabilitation activity.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Subgrantee Agreement for Arapahoe County Community
Development Block Grant Funds – Subgrantee: City of Englewood, Project Name: Energy
Efficient Englewood (E3), Project Number: ENHS2101, for 2021/2022 funding cycle,
attached hereto as Attachment 1, is hereby accepted and approved by the Englewood City
Council.
Section 2. Community Development Block Grant (CDBG) funds are Federal
Housing and Urban Development funds which are administered through Arapahoe County,
Colorado.
Section 3. The Mayor and City Clerk are authorized to execute and attest said
Intergovernmental Agreement for and on behalf of the City of Englewood.
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Introduced, read in full, and passed on first reading on the 4th day of April, 2022.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the
7th day of April, 2022.
Published as a Bill for an Ordinance on the City’s official website beginning on the
6th day of April, 2022 for thirty (30) days.
Read by Title and passed on final reading on the 18th day of April, 2022.
Published by Title in the City’s official newspaper as Ordinance No. 19, Series of
2022, on the 21st day of April, 2022.
Published by title on the City’s official website beginning on the 20th day of April,
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. 19, Series of 2022.
Stephanie Carlile
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SUBGRANTEE AGREEMENT FOR
ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: City of Englewood
PROJECT NAME: Energy Efficient Englewood (E3)
PROJECT NUMBER: ENHS2101
This Agreement is made by and between the Board of County Commissioners of the County of
Arapahoe, State of Colorado, for the Community Development Block Grant Program in the
Community Resources Department (hereinafter referred to as the County) and the City of Englewood
(hereinafter referred to as the SubGrantee) for the conduct of a Community Development Block Grant
(CDBG) Project.
I. PURPOSE
The primary objective of Title I of the Housing and Community Development Act of 1974, as
amended, and of the Community Development Block Grant (CDBG) Program under this Title is the
development of viable urban communities, by providing decent housing, a suitable living
environment and expanding economic opportunities, principally for low and moderate income
persons.
The project by the SubGrantee known as Energy Efficient Englewood (E3) (Projects) will be carried
out in accordance with the Scope of Services, attached to, and incorporated herein as Exhibit A.
The SubGrantee may proceed to incur costs for the Project upon receipt of an official “Notice to
Proceed” from the County.
II. WORK TO BE COMPLETED BY THE SUBGRANTEE
The grant funds are to be used only to provide services to Arapahoe County residents, excluding
residents of the city of Aurora, per County CDBG guidelines.
A. Payment
It is expressly agreed and understood that the total amount to be paid by the County under this
contract shall not exceed $114,750. Drawdowns for the payment of eligible expenses shall
be made against the line item budgets specified in the Project Budget and in accordance with
performance criteria established in Exhibit A Scope of Services. The parties expressly
recognize that the SubGrantee is to be paid with CDBG funds received from the federal
government, and that the obligation of the County to make payment to SubGrantee is
contingent upon receipt of such funds. In the event that said funds, or any part thereof, are,
or become, unavailable, then the County may immediately terminate or, amend this
agreement. To the extent C.R.S. § 29-1-110 is applicable, any financial obligation of the
County to the SubGrantee beyond the current fiscal year is also contingent upon adequate
funds being appropriated, budgeted and otherwise available.
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Upon expiration of this Agreement, as identified by the Agreement Date and Project
Deadline (Deadline) in Exhibit A, the SubGrantee shall transfer to the County any CDBG
funds on hand at the time of expiration and any accounts receivable attributable to the use
of CDBG funds. These transferred funds shall revert to the County and be utilized for other
purposes.
B. Timeline
All Project activities shall be completed and draw requests submitted by the Deadline unless
the Subgrantee notifies the County in writing thirty (30) days prior to the Deadline that the
funds cannot be disbursed. An extension may be granted, in writing, in which all draw requests
be submitted and Project activities shall be completed by thirty (30) days following the
Deadline. In the event that the completion deadline falls on a weekend or holiday, the Deadline
will be considered the work day prior to the scheduled completion date. If the project requires
additional time past the extended Deadline, the Agreement must be modified by mutual
agreement of the County and the SubGrantee.
C. Performance Criteria
In accordance with the funding application submitted by the SubGrantee for the Project, the
criteria listed below are to be met during the execution of the Project as identified in Exhibit
A Scope of Services.
1. Quantifiable Goals
2. Community Impact
3. Monthly Performance Standards
D. Reporting Requirements
1. Project reports will be due within twenty (20) days following the end of each
reporting period as specified in Exhibit A Scope of Services until the Project is
completed.
2. The official annual audit and/or Financial Statements for the SubGrantee in which
both revenues and expenditures for the CDBG Projects described herein are
detailed are due annually. The last completed official annual audit report and/or
Financial Statements shall be due on May 31, and for four (4) years thereafter on
May 31.
3. Non-profit organizations that expend $750,000 or more annually in federal
funds shall comply with the Single Audit Act of 1984, as amended, as
implemented in OMB Uniform Guidance §200.501, and other applicable
federal regulations.
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III. RESPONSIBILITIES OF THE SUBGRANTEE
A. Federal Compliance
The SubGrantee shall comply with all applicable federal laws, regulations and requirements,
and all provisions of the grant agreements received from the U.S. Department of Housing and
Urban Development (HUD) by the County. These include but are not limited to compliance
with the provisions of the Housing and Community Development Act of 1974 and all rules,
regulations, guidelines and circulars promulgated by the various federal departments,
agencies, administrations and commissions relating to the CDBG Program. A listing of some
of the applicable laws and regulations are as follows:
1. 2 CFR Part 200;
2. 24 CFR Part 570;
3. 24 CFR Parts 84 and 85 as applicable per 24 CFR 570.502;
4. Title VI of the Civil Rights Act of 1964;
5. Title VIII of the Civil Rights Act of 1968;
6. Sections 104(b) and 109 of the Housing and Community Development Act of
1974;
7. Fair housing regulations established in the Fair Housing Act, Public Law 90-284,
and Executive Order 11063;
8. Section 504 of the Rehabilitation Act of 1973;
9. Asbestos guidelines established in CPD Notice 90-44;
10. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part
39;
11. Non-discrimination in employment, established by Executive Order 11246;
12. Equal employment opportunity and minority business enterprise regulations
established in 24 CFR part 570.904;
13. Section 3 of the Housing and Urban Development Act of 1968;
The purpose of section 3 is to ensure that employment and other economic
opportunities generated by certain HUD financial assistance
shall, to the greatest extent feasible, and consistent with existing Federal, State
and local laws and regulations, be directed to low- and very low income
persons, particularly those who are recipients of government assistance for
housing, and to business concerns which provide economic opportunities to
low- and very low-income persons.
14. Federal procurement rules when purchasing services, supplies, materials, or
equipment. The applicable federal regulations are contained in: 24 CFR Part 85
or through 24 CFR Part 84, as applicable;
15. Lead Based Paint regulations established in 24 CFR Parts 35 and 570.608;
16. Audit Requirements established in OMB Uniform Guidance §200.501; and
17. Cost principles established in OMB Uniform Guidance §200.430 and §200.431
as applicable per 24 CFR 570.502;
18. Conflict of Interest:
a) Applicability.
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(1) In the procurement of supplies, equipment, construction, and
services by the County and by the SubGrantee, the conflict of interest
provisions in 24 CFR 85.36 and 24 CFR 84.42, respectively shall
apply.
(2) In all cases not governed by 24 CFR 85.36 and 84.42, the
provisions of 24 CFR 570.611 (2) shall apply. Such cases include the
acquisition and disposition of real property and the provision of
assistance by the County or by its SubGrantees to individuals,
businesses, and other private entities under eligible activities that
authorize such assistance (e.g., rehabilitation, preservation, and
other improvements of private properties or facilities pursuant to 24
CFR 570.202; or grants, loans, and other assistance to businesses,
individuals, and other private entities pursuant to 24 CFR 570.203,
570.204, 570.455, or 570.703 (i)).
b) Conflicts prohibited. The general rule is that persons
described in paragraph (c) of this section who exercise or have
exercised any functions or responsibilities with respect to CDBG
activities assisted under this part, or who are in a position to
participate in a decision-making process or gain inside information
with regard to such activities, may not obtain a financial interest or
benefit from a CDBG-assisted activity, either for themselves or
those with whom they have business or immediate family ties,
during their tenure or for one year thereafter.
c) Persons covered. The conflict of interest provisions of paragraph (b)
of this section apply to any person who is an employee, agent,
consultant, officer, or elected official or appointed official of the
County, or any designated public agencies, or of the SubGrantee that
are receiving funds under this part.
d) Exceptions. Upon the written request of the County, HUD may grant
an exception to the provisions of paragraph (b) of this section on a
case-by-case basis when it has satisfactorily met the threshold
requirements of (d)(1) of this section, taking into account the
cumulative effects of paragraph (d)(2) of this section.
(1) Threshold requirements. HUD will consider an exception
only after the County has provided the following documentation:
i. A disclosure of the nature of the conflict, accompanied by
an assurance that there has been public disclosure of the
conflict and a description of how the public disclosure was
made; and
ii. An opinion of the County’s attorney that the interest for
which the exemption is sought would not violate State or
local law.
(2) Factors to be considered for exceptions. In determining
whether to grant a requested exception after the County has
satisfactorily met the requirements of paragraph (d)(1) of this section,
HUD shall conclude that such an exception will serve to further the
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purposes of the Act and the effective and efficient administration of
the County’s program or project, taking into account the following
factors, as applicable:
i. Whether the exception would provide a significant cost
benefit or an essential degree of expertise to the program
or project that would otherwise not be available;
ii. Whether an opportunity was provided for open
competitive bidding or negotiation;
iii. Whether the person affected is a member of a group or
class of low- or moderate-income persons intended to be
the beneficiaries of the assisted activity, and the exception
will permit such person to receive generally the same
interests or benefits as are being made available or
provided to the group or class;
iv. Whether the affected person has withdrawn from his or her
functions or responsibilities, or the decision making
process with respect to the specific assisted activity in
question;
v. Whether the interest or benefit was present before the
affected person was in a position as described in paragraph
(b) of this section;
vi. Whether undue hardship will result either to the County or
the person affected when weighed against the public
interest served by avoiding the prohibited conflict; and
vii. Any other relevant considerations.
19. The SubGrantee cannot engage in a federally funded contract with any entity
registered in the Lists of Parties Excluded From Federal Procurement or
Nonprocurement Programs.
20. Labor Standards (Davis-Bacon)
Except for the rehabilitation of residential property that contains less
than eight (8) units, the SubGrantee, and its contractor and all
subcontractors shall comply with the Davis-Bacon Act, 40 U.S.C. 276a
to 276a-7, and applicable regulations of the Department of Labor under
29 C.F.R. Part 5, requiring the payment of wages at rates of not less than
those prevailing on similar construction in the locality as determined by
the Secretary of Labor, when the project costs total $2,000 or more and
the work is financed in whole or in part with assistance provided under
this Agreement. The applicable Davis-Bacon wage rate schedule must
be included in all bid and contract documents, as well as the “Federal
Labor Standards Provisions”, Form HUD-4010.
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21. Lead Based Paint Regulations
If the Project involves acquisition, construction, demolition,
rehabilitation, or any other activity related to residential housing, and
the building was built prior to 1978, Lead Based Paint Laws and
Regulations apply, as established in 24 CFR Parts 35 and 24 CFR
570.608. Further, all applicable federal and state laws relating to lead-
based paint must be followed, including such regulations promulgated
by the U.S. Environmental Protection Agency and the State
Department of Public Health and Environment, including regulations
for non-housing buildings. If the SubGrantee does not follow and
document lead based paint laws and regulation compliance, the
SubGrantee will not be eligible for reimbursement.
22. Environmental Review
Notwithstanding any provision of this Agreement, the parties hereto
agree and acknowledge that this Agreement does not constitute a
commitment of funds or site approval, and that such commitment of
funds or approval may occur only upon satisfactory completion of
environmental review and, if required, receipt by Arapahoe County of
a release of funds from the U.S. Department of Housing and Urban
Development under 24 CFR Part 58. The parties further agree that the
provision of any funds to the project is conditioned on Arapahoe
County’s determination to proceed with, modify, or cancel the project
based on the results of a subsequent environmental review.
22. Uniform Relocation Act (URA)
The Project is subject to the relocation and acquisition requirements
of the Uniform Relocation Act of 1970, as amended, and
implemented at 49 CFR Part 24; Section 104(d) of the Housing &
Community Development Act, as amended, and implemented at 24
CFR Part 42; and Displacement, Relocation, Acquisition, and
Replacement of Housing implemented at 24 CFR 570.606. The
SubGrantee must comply with the County’s Anti Displacement and
Relocation Assistance Plan on file and must pay all relocation
expenses as applicable under the Act. Relocation payment
calculations, records of Relocation payments and all other
Relocation records are subject to County or federal review and
monitoring. The SubGrantee agrees that it will pay any relocation
expenses required by the Act and will reimburse the County for any
relocation payments the County paid as a result of monitoring
review by the County or any federal agency, as required by the Act.
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B. Non-Appropriations Clause
The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG
monies for funding, a non-appropriation clause that will protect itself, and the County from
any liability or responsibility or any suit which might result from the discontinuance of CDBG
funding for any reason. Because this SubGrantee Agreement involves funds from a federal
grant, to the extent there is a conflict the funding provisions of this SubGrantee Agreement,
the federal grant and the federal statutes control rather than the provisions of Section 24-91-
103.6, C.R.S. with regard to any public work projects.
C. Expenditure Restrictions
All CDBG funds that are approved by HUD for expenditure under the County's grant
agreement, including those that are identified for the SubGrantee's Projects and activities,
shall be allocated to the specific projects and activities described and listed in the grant
agreements. The allocated funds shall be used and expended only for the projects and
activities for which the funds are identified.
D. Agreement Changes
No projects or activities, nor the amount allocated therefore, may be changed without approval
by the County and acceptance of the revised Final Statement and/or Consolidated Plan by
HUD, if required. Changes must be requested in writing and may not begin until a
modification to this Agreement is fully executed.
E. Direct Project Supervision and Administration
The SubGrantee shall be responsible for the direct supervision and administration of its
respective projects or activities. This task shall be accomplished through the use of the
SubGrantee's staff, agency and employees. The SubGrantee shall be responsible for any
injury to persons or damage to property resulting from the negligent acts or errors and
omissions of its staff, agents and employees. Because the SubGrantee is responsible for the
direct supervision and administration of its projects or activities, the County shall not be liable
or responsible for cost overruns by the SubGrantee on any projects or activities. The County
shall have no duty or obligation to provide any additional funding to the SubGrantee if its
projects or activities cannot be completed with the funds allocated by the County to the
SubGrantee. Any cost overruns shall be the sole responsibility of the SubGrantee.
1. The SubGrantee agrees that all funds allocated to it for approved projects or
activities shall be used solely for the purposes approved by the County. Said funds
shall not be used for any non-approved purposes.
2. The SubGrantee agrees that the funds allocated for any approved projects or
activities shall be sufficient to complete said projects or activities without any
additional CDBG funding.
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F. Indemnity
To the extent allowed by law, the SubGrantee shall indemnify and hold harmless the County
and its elected and appointed officials, officers, employees and agents from and against any
and all losses, damages, liabilities, claims, suits, actions or costs, including attorneys fees,
made, asserted or incurred as a result of any damage or alleged damage to person or property
occasioned by the acts or omissions of SubGrantee, its officers, employees, agents, contractors
or subcontractors, arising out of or in any way connected with the Project or the performance
of this contract.
G. Bonding and Insurance
If the SubGrantee's projects involve construction activities, any Contractor it uses for said
activities shall be required to provide and maintain, until final acceptance by the SubGrantee
of all work by such Contractor, the kinds and minimum amounts of insurance as follows:
1. Comprehensive General Liability: In the amount of not less than $1,000,000
combined single limit. Coverage to include:
a. Premises Operations
b. Products/Completed Operations
c. Broad Form Contractual Liability
d. Independent Contractors
e. Broad Form Property Damage
f. Employees as Additional Insured
g. Personal Injury
h. Arapahoe County and the SubGrantee as Additional Named Insured
i. Waiver of Subrogation
2. Comprehensive Automobile Liability: In the amount of not less than
$1,000,000 combined single limit for bodily injury and property damage.
Coverage to include:
a. Arapahoe County and the SubGrantee as additional Named Insured
b. Waiver of Subrogation
3. Employers Liability and Workers Compensation: The Contractor shall secure
and maintain employer's liability and Worker's Compensation Insurance that
will protect it against any and all claims resulting from injuries to and death of
workers engaged in work under any contract funded pursuant to this
agreement. Coverage to include Waiver of Subrogation.
4. All referenced insurance policies and/or certificates of insurance shall be
subject to the following stipulations:
a. Underwriters shall have no rights of recovery subrogation against
Arapahoe County or the SubGrantee; it being the intent of the parties
that the insurance policies so effected shall protect the parties and be
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primary coverage for any and all losses covered by the described
insurance.
b. The clause entitled "Other Insurance Provisions" contained in any
policy including Arapahoe County as an additional named insured
shall not apply to Arapahoe County, or the SubGrantee.
c. The insurance companies issuing the policy or policies shall have no
recourse against Arapahoe County, or the SubGrantee for payment of
any premiums due or for any assessments under any form of any
policy.
d. Any and all deductibles contained in any insurance policy shall be
assumed by and at the sole risk of the Contractor.
5. Certificate of Insurance: The Contractor shall not commence work under any
contract funded pursuant to this Agreement until he has submitted to the
SubGrantee, received approval thereof, certificates of insurance showing that
he has complied with the foregoing insurance requirements. The SubGrantee
shall also submit a copy of the Contractor's certificates of insurance to the
County.
6. Notwithstanding the provisions contained in this paragraph (H) set forth
hereinabove, the County reserves the right to modify or waive said provisions
for projects or activities for which these provisions would prove prohibitive.
The SubGrantee understands, however, that the decision to waive or modify
those provisions is fully within the discretion of the County.
In accordance with 24 CFR parts 84 and 85, the following bonding requirements shall apply
to all projects exceeding the simplified acquisition threshold (currently $250,000):
1. A bid guarantee from each bidder equivalent to 5% of the bid price;
2. A performance bond on the part of the contractor for 100% of the contract
price; and
3. A payment bond on the part of the contractor for 100% of the contract price.
H. Records
The SubGrantee shall maintain a complete set of books and records documenting its use of
CDBG funds and its supervision and administration of the Project. Records are to include
documentation verifying Project eligibility and national objective compliance, as well as
financial and other administrative aspects involved in performing the Project. The
SubGrantee shall provide full access to these books and records to the County, the Secretary
of HUD or his designee, the Office of the Inspector General, and the General Accounting
Office so that compliance with Federal laws and regulations may be confirmed. The
SubGrantee further agrees to provide to the County upon request, a copy of any audit reports
pertaining to the SubGrantee's financial operations during the term of this Agreement. All
records pertaining to the Project are to be maintained for a minimum of five years following
close-out of the Project.
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I. Reporting
The SubGrantee shall file all reports and other information necessary to comply with
applicable Federal laws and regulations as required by the County and HUD. This shall
include providing to the County the information necessary to complete annual Performance
Reports in a timely fashion.
J. Timeliness
The SubGrantee shall comply with the performance standards established in Exhibit A of this
Agreement. The SubGrantee understands that failure to comply with the established standards
may lead to a cancellation of the Project and a loss of all unexpended funds.
K. Reimbursement for Expenses
The SubGrantee agrees that before the County can distribute any CDBG funds to it, the
SubGrantee must submit to the County's Housing and Community Development Services
Division documentation in the form required by that Division which properly and fully
identifies the amount which the SubGrantee is requesting at that time. The County shall have
ten (10) working days to review the request. Upon approval of the request, the County will
distribute the requested funds to the SubGrantee as soon as possible.
L. Program Income
All program income directly derived from the Arapahoe County Community Development
Block Grant Program received by the SubGrantee will be returned to the County unless
authorized in Exhibit A Scope of Services to be retained by the SubGrantee and dispersed for
its approved CDBG Project activities. If the retention and re-use of Program Income is
Authorized, it must be dispersed for its approved CDBG Project activities before additional
CDBG funds are requested from the County. Following completion of the SubGrantee's
Arapahoe County CDBG Projects, all program income directly generated from the use of
CDBG funds will be remitted to the County.
M. Real Property
Real property acquired in whole or in part with CDBG funds shall be utilized in accordance
with the scope and goals identified in Exhibit A Scope of Services attached to and made a part
of this Agreement. Should the property in question be sold or otherwise disposed of, or the
approved property usage discontinued, the SubGrantee shall adhere to the requirements of 24
CFR Parts 84 or 85 (as applicable) regarding the use and disposition of real property.
N. State and County Law Compliance
All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State
of Colorado statutes and County ordinances, resolutions, rules, and regulations.
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O. Subcontracts
If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this
Agreement shall apply to any subcontract.
P. Suspension or Termination
This Agreement may be immediately suspended or terminated upon written notification from
the County if the SubGrantee materially fails to comply with any term of this Agreement.
This Agreement may also be terminated for convenience by mutual agreement of the County
and the SubGrantee.
Q. Urban County Designation
In the event that the Unit of General Local Government should withdraw from the County's
"Urban County" designation, this Agreement shall terminate as of the termination date of the
County's CDBG grant Agreement with HUD.
R. Certification
The SubGrantee certifies that to the best of its knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of it, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement; and,
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, it will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
S. Disallowance
If it is determined by HUD or other federal agency that the expenditure, in whole or in part,
for the SubGrantee's Project or activity was improper, inappropriate or ineligible for
reimbursement, then the SubGrantee shall reimburse the County to the full extent of the
disallowance.
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T. Reversion of Assets
Upon expiration of this Agreement, the SubGrantee shall transfer to the County any CDBG
funds on hand at the time of expiration and any accounts receivable attributable to the use
of CDBG funds. Any real property under the SubGrantee's control that was acquired or
improved in whole or in part with CDBG funds (including CDBG funds provided to the
SubGrantee in the form of a loan) in excess of $25,000 is either:
(i) Used to meet one of the national objectives in §570.208 (formerly §570.901)
until five years after expiration of the agreement, or for such longer period of time
as determined to be appropriate by the County and specified in Exhibit A Scope of
Services; or
(ii) Not used in accordance with national objectives in §570.208 (formerly
§570.901), in which event the SubGrantee shall pay to the County an amount equal
to the current market value of the property less any portion of the value attributable
to expenditures of non-CDBG funds for the acquisition of, or improvement to, the
property.
IV. RESPONSIBILITIES OF THE COUNTY
A. Administrative Control
The Parties recognize and understand that the County will be the governmental entity required
to execute all grant agreements received from HUD pursuant to the County's requests for
CDBG funds. Accordingly, the SubGrantee agrees that as to its projects or activities
performed or conducted under any CDBG agreement, the County shall have the necessary
administrative control required to meet HUD requirements.
B. Performance and Compliance Monitoring
The County's administrative obligations to the SubGrantee pursuant to paragraph A above
shall be limited to the performance of the administrative tasks necessary to make CDBG funds
available to the SubGrantee and to provide Housing and Community Development Services
staff whose job it will be to monitor the various projects funded with CDBG monies to monitor
compliance with applicable Federal laws and regulations.
C. Reporting to HUD
The County will be responsible for seeing that all necessary reports and information required
of the County are filed with HUD and other applicable Federal agencies in a timely fashion.
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V. EXTENT OF THE AGREEMENT
This agreement, including any documents attached as exhibits which are hereby incorporated
herein by reference, represents the entire and integrated agreement between the County, and
SubGrantee and supersedes all prior negotiations, representations or agreements, either
written or oral. Any amendments to this agreement must be in writing and signed by both the
County, and SubGrantee. If any portion of this agreement is found by a court of competent
jurisdiction to be void and/or unenforceable, it is the intent of the parties that the remaining
portions of this agreement shall be of full force and effect.
VI. NOTICES
Notices to be provided under this Agreement shall be given in writing and either delivered by
hand or deposited in the United States mail with sufficient postage to the addresses set forth:
To the County: Arapahoe County Attorney
5334 S. Prince Street
Littleton, CO 80120-1136
and
Arapahoe County Housing and Community Development
1690 W. Littleton Blvd., #300
Littleton, CO 80120-2069
To the SubGrantee: City of Englewood
E3 Program
1000 Englewood Parkway
Englewood, CO 80110
Attn: Nancy Fenton
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In Witness Whereof, the Parties have caused this Agreement to be duly executed this
_____________ day of _________________________________, ________.
SubGrantee: City of Englewood
________________________________________________
Signature
________________________________________________
Name & Title
Board of County Commissioners
Arapahoe County, Colorado
________________________________________________
Katherine Smith on behalf of the Board of County Commissioners
Pursuant to Resolution #22049
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Mayor - City of EnglewoodOthoniel Sierra
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EXHIBIT A
SCOPE OF SERVICES
FOR CDBG REHAB
Subgrantee: City of Englewood
Project Name: Energy Efficiency Englewood (E3)
Project #: ENHS2101
Program Name: Community Development Block Grant (CDBG)
CFDA #: CDBG 14.218
AGREEMENT AMOUNT: $114,750
AGREEMENT END DATE AND PROJECT DEADLINE: 12/31/2023
INTRODUCTION
This Scope of Services is attached to and incorporated into the SubGrantee Agreement between the
Board of County Commissioners of the County of Arapahoe, State of Colorado and the City of Englewood
(SubGrantee) as referenced in the Agreement. The purpose of this Scope of Services is to further
describe the project requirements referenced in Section II. C. - Performance Criteria of the SubGrantee
Agreement.
1. FEDERAL REGULATORY INFORMATION
CDBG National Objective1: Benefit to low- and moderate- income (LMI) housing
HUD Matrix Code: 14A Rehab: Single Unit Residential Proposed Number of
beneficiaries*:
11
Accomplishment Type: 11 LMC Households
*Beneficiaries are to be counted by the number of total number of PEOPLE or HOUSEHOLDS
who will benefit from the project (including all members of a household).
The Project will be carried out under the:
CDBG Area Benefit definition CDBG Limited Clientele definition
For Limited Clientele Activities: Select which method of income verification will be used:
Self-Certification Verification with supporting income documentation
If income will be verified2, select the method that will be used to determine annual household income:
HUD Income Calculator Part 5 Section 8 Census Long Form
1 Change to appropriate National Objective if necessary.
2 For descriptions of each income verification method and required documentation, go to:
https://www.hudexchange.info/incomecalculator/
This website provides an on-line income calculator for each of the three verification methods. The use of the calculator is required and a print-
out of the completed calculator for each household assisted must be maintained on file.
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2. ACTIVITY DESCRIPTION/PERFORMANCE GOALS
a. Purpose (short description of program purpose)
The E3 project will provide grants up to $8,000 with a homeowner’s match of 20% for
conservation and energy efficiency repairs and upgrades to preserve the existing housing stock
in Englewood. Due to the fact that 66% of the houses in Englewood were built before 1970 and
83% of the houses were built prior to 1980, a significant number of these homes require energy
efficiency repairs and upgrades to preserve the housing stock and keep residents housed in safe
homes. The E3 program is only available to City of Englewood homeowners meeting low to
moderate income requirements (0-80% AMI). The program provides an incentive to lower
income families to encourage conservation and energy efficiency upgrades.
b. Goals and Community Impact
Provide grants to roughly 11 single family homeowners in Englewood, preserving the city
housing stock supporting low to moderate income residents.
c. Project Address-throughout Arapahoe County
Sites within Englewood city limits; addresses are unknown at this time.
d. Name of Organization Carrying out the Activity –City of Englewood
Organization is: Another unit of local gov’t; Another public agency; CBDO only;
Subrecipient only; CBDO designated as subrecipient
e. Local Jurisdictions rules and regulations/ADA
SubGrantee agrees that it has read and understands the local jurisdiction’s rules and regulations
and local codes pertaining to the work and that all work will be permitted with the municipality
and completed according to its rules and regulations. SubGrantee will perform the work in
accordance with the Americans with Disabilities Act (ADA).
f. Detailed Program Requirements
The responsibilities of the City of Englewood for implementation of the program will include:
x Market the program;
x Review all applications;
x Determine applicants’ eligibility;
x Maintain a list of approved contractors;
x Complete a Site Specific Environmental Review;
x Refer clients to Arapahoe County Weatherization, when appropriate;
x Determine client needs and develop comprehensive work specifications based on
Energy Audit;
x Prepare client documentation;
x Monitor rehab activity;
x Comply with lead-based paint regulations and ensure that tenants, owners and
contractors are aware of their rights, responsibilities and options;
x Maintain program activity records and produce reports as set forth in this contract;
x Comply with State Historic Preservation Office (SHPO) Agreement for work
completed on homes 50 years or older, or homes eligible for historic preservation
designation;
x Comply with Section 3 requirements;
x To the greatest extent feasible, award contracts to Section 3, minority-owned, and
women-owned businesses.
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x Contact SHPO for work on homes 50 years or older, or homes eligible for historic
preservation that is not included in the programmatic agreement;
x Homeowner selects company/individual to conduct work or purchase materials.
Company name and/or individual name must be matched against the Federal
Excluded Party List System by City staff to insure eligibility to receive federal funds.
This is completed before any work begins. Once cleared the homeowner is
instructed to proceed and to ensure appropriate permits are obtained, if required,
by the Englewood Building and Safety Division.
x Ensure that costs are reasonable:
o Does not exceed that which would be incurred by a prudent person under
the circumstances prevailing at the time the decision was made to incur the
cost;
o Is consistent with sound business practices; and
o Is consistent with market prices for similar goods and services;
x Payment may be made either directly to homeowner, upon receipt of paid invoices,
or paid directly to company/individual. Reimbursement is 80% of the total invoice
when a 20% match is required. Copies of checks and invoices are placed in file;
x Items will meet or exceed energy standards set forth at www.energystar.gov; and
x Homeowner sign-off on the job being completed as stated in the description of
work.
x Drawdown requests must be accompanied by monthly reports, including
demographics (income, race/ethnicity) for persons served.
x Final drawdown request must be accompanied by a year-end completion report
highlighting project accomplishments, including demographics, as well as the annual
SHPO report.
g. Program Income
Program income is the gross income received by the SubGrantee directly generated from the
use of CDBG funds under this Agreement. Program income includes:
x Proceeds from the sale or lease of property purchased or improved with CDBG funds
until five years after the termination of this Agreement;
x Proceeds from the sale or lease of equipment purchased with CDBG funds;
x Gross income from the use or rental of real or personal property acquired, constructed
or improved by the SubGrantee less costs incidental to the generation of income;
x Payments of principal and interest on loans made by the SubGrantee using CDBG funds;
x Proceeds from the sale of loans or obligations secured by loans made with CDBG funds;
x Interest earned on program income pending its disposition (NOTE: interest earned on
CDBG funds held in revolving loan funds is not program income and must be remitted to
the U.S. Treasury at least annually); and
x Funds collected through special assessments on properties not owned and occupied by
LMI households in order to recover the CDBG portion of a public improvement.
The County authorizes does not authorize the SubGrantee to retain Program Income to be
used for eligible CDBG activities. If authorized, Program income may be used for the following
purposes: N/A
Reporting program income: Monthly, the SubGrantee must report to the County on the
amount of Program Income received, less costs incidental to the generation of Program Income.
Any Program Income in excess of the amount of CDBG funds identified in Section i. Budget must
be repaid to the County.
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i. Budget
ITEM TOTAL BUDGET AMOUNT PAID
BY COUNTY
E3 Administration & Project Delivery,
Including Lead Based Paint & Energy
Audits
$47,702 $26,750
Grants for Energy Efficiency $150,000 $88,000
TOTAL $156,702 $114,750
The amounts in each budget line item may be adjusted with the written approval of the County; provided, however, that the
total amount of the award does not change.
Retainage: Up to 5% of each draw may be retained to ensure that the work is completed satisfactorily. Retainage withheld will
be paid within 60 days upon the completion and satisfactory inspection of the work.
3. DRAW REQUESTS
Draw requests are due for each calendar month by the 20th day of the following month. Draw requests
must include:
a. Draw cover sheet showing itemized list of expenditures (HCDS form)
b. Supporting documentation (check all that apply):
Third-party invoices or receipts
Check copies showing payment cashment (cancelled checks)
Lien Waivers
Davis-Bacon Certified Payrolls
Federal Accountability and Transparency Act form (Attachment 1)*
*Per the Federal Accountability and Transparency Act of 2006 as amended, compensation data for certain
officials must be reported. The report form is attached herein as Attachment 1. This form must be
submitted with the first draw request and updated if there are changes
Site Specific Environmental Review checklists
Note: Payments on draws submitted after May 20 may be delayed due to end-of-year HUD reporting
4. REPORTING
Data collection must be completed demonstrating income eligibility and achievements met towards
meeting the objectives described in Section 2 Activity Description. The disbursement of funds is
contingent upon the receipt of the required information.
Reports are due for each calendar month by the 20th day of the following month. Reports must include:
x No. of beneficiaries served during the reporting period
x Demographic information* for the individual served, or each household
x Household income* (if applicable)
x Brief narrative report on activities contained in Section 2
x Program Income
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*HCDS will provide a form for the collection of beneficiary income and demographic information;
however, the SubGrantee may use its own form, or a form used for another fund source for the same
program, provided that the following information is collected:
x Unique identifier: Name and address
x Whether the head of household is female and/or disabled
x Whether the head of household is aged 62 years or older
x Total number of household members
x Total income of all household members
x Ethnicity: Hispanic or Latino OR Not Hispanic or Latino of each household member
x The race of each household member:
White
Black or African American
Asian
American Indian or Alaska Native
Native Hawaiian or Other pacific Islander
American Indian or Alaska Native and White
Asian and White
Black or African American and White
American Indian or Alaska Native and Black or African American
Other Multi-Racial
NOTE: Both ethnicity AND race category must be selected for each household member
x Signature attesting to the accuracy of the information submitted.
5. RECORD-KEEPING AND MONITORING
SubGrantee shall retain on file the following documents for a period of five years beyond the final close-
out of this grant. Files shall be made available to Arapahoe County, the Department of Housing and
Urban Development, the Office of Inspector General, the General Accounting Office, or any other
federal regulatory agency, upon request for monitoring purposes.
Each property file must contain:
1. Agreement between County and Subrecipient
2. Draw Requests and supporting documentation (see Section 3 Draw Requests)
3. Annual audits
4. Homeowner application for assistance
5. Source documents used to determine income eligibility and income verification calculator print-
out (if HUD income calculator is used)
6. Agreement between the SubRecipient and homeowner
7. Promissory Note and Deed of Trust, including any addenda, if applicable
8. Title check or copy of deed, documenting ownership of property
9. Site Specific environmental reviews approved by the County
10. EPLS check on contractor and subcontractors used
11. Copy of Flood Insurance Certificate or Policy, if property is located in a FEMA 100-year flood plan
12. Work write-up/scope of work
13. Documentation that the work was conducted per the approved rehab standards and the local
jurisdiction’s housing codes
14. Copies of initial and final inspections and check-lists, performed by a licensed contractor
15. Lien waivers obtained for progress payments and final payment from all contractors and
subcontractors
16. Beneficiary Data (see Section 4 Reporting)
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FFOORR CCOOUUNNTTYY UUSSEE OONNLLYY –– FFEEDDEERRAALL IIDDIISS RREEPPOORRTTIINNGG
1. Performance Goal: Create suitable living environments; Provide decent affordable housing; Create economic opportunities
2. Performance Outcome: Availability/Accessibility; Affordability; Sustainability
3. Check box if project address is to be marked as confidential
4. Activity Purpose: Prevent Homelessness; Help the Homeless; Help those with HIV/AIDS; Help persons with disabilities
5. Accomplishments to be reported at another activity: IDIS #季季季季季
6. Activity being carried out by Grantee? yes; no If yes, activity is being carried out through: Employees; Contractors;
Both
7. If Agreement is with another County department, the activity will be carried out by: County employees; Contractors;
Both
8. Area Type: CDFO Area; Local Target Area; Strategy Area
9. Special Characteristics: Presidentially Declared major Disaster Area; Historic Preservation Area; Brownfield Redevelopment
Area – indicate number of acres remediated: 季季季季季
10. Activity Information: One-for-One Replacement; Displacement; Favored Activity; Special Assessment; Revolving Fund;
Float Funded
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Attachment 1
Federal Funding Accountability and Transparency Act (FFATA)
In accordance with Federal Acquisition Regulation Clause 52.204-10, reporting is required for awards of $25,000 or
more.
Information Field
Definitions can be found on the reverse of this form.
Response
1. Agency or Jurisdiction DUNS number:
2. Subrecipient name Receiving Award:
3. Subrecipient Parent DUNS number:
(report if different from agency number
above)
4. Location of Entity Receiving Award:
(full street address)
5. Primary location of Performance of the Award:
(City, State and Congressional District)
Answer True or False (below)
6. In the preceding fiscal year, Contractor received:
a.) $25,000,000 or more in annual gross revenues
from federal procurement contracts/subcontracts
and/or federal financial assistance awards or
subawards subject to the Transparency Act.
b.) 80% or more of its annual gross revenues
from federal procurement contracts/subcontracts
and/or federal financial assistance awards or
subawards subject to the Transparency Act.
c.) The public does not have access to
information about the compensation of its five
most highly compensated Executives through
periodic reports filed through the Securities
Exchange Act of 1934 or the IRS.
An answer to question 7 is required ONLY when all answers to questions 6 are true.
7. Names and total compensation of the five (5) most highly compensated Executives for the preceding fiscal
year:
Print Name Compensation Amount
________________________________ ______________________________
________________________________ ______________________________
________________________________ ______________________________
________________________________ ______________________________
________________________________ ______________________________
By signing below, I certify the information contained in this report is complete and accurate to the best of my
knowledge.
______________________________________________ _____________________________
Signature of Responsible Administrator and Title Date
Arapahoe County
City of Englewood
07-575-0133
1000 Englewood Parkway
Englewood, CO 80110
Englewood, CO
Congressional District #1
United States
False
False
False
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Definitions
1. The DUNS Number of the agency receiving the award, which is used as the unique entity
identifier.
DUNS Number - Dun and Bradstreet (D&B) – This commercial entity maintains a repository of
unique identifiers (D-U-N-S Numbers), which are nine-digit sequences recognized as the
universal standard for identifying business entities and corporate hierarchies. Any organization
that has a Federal contract or grant must have a DUNS Number.
2. The name of the entity receiving the award; Sub-Grantee, Sub-Recipient, Sub-Awardee.
3. The DUNS Number of the agency receiving the award (if different than Sub-Recipient in box
#1), which is used as the unique entity identifier. DUNS Number - Dun and Bradstreet (D&B)
– This commercial entity maintains a repository of unique identifiers (DUNS Numbers), which
are nine-digit sequences recognized as the universal standard for identifying business entities
and corporate hierarchies. Any organization that has a Federal contract or grant must have a
DUNS Number.
4. The business office location of the entity receiving the award under the award including the
city, state, congressional district, and country.
5. The primary location of performance under the award including the city, state, congressional
district, and country.
6. The names and total compensation of the five highest-paid officers of an entity if, in the
preceding fiscal year, that entity received: 80% or more of its annual gross revenues in Federal
awards, $25,000,000 or more in annual gross revenues from Federal awards, and the public
does not already have access to data on executive compensation through reports filed under
section 13(a) or 15(d) of the Securities Exchange Act of 1934, or section 6104 of the Internal
Revenue Code of 1986.
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