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HomeMy WebLinkAbout2016 Ordinance No. 040• ORDINANCE NO. t./o SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 42 JNTRODUCEDBYCOUNCIL MEMBER MARTINEZ AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL SUBGRANTEE AGREEMENT FOR A 2016 COMMUNITY DEVELOPMENT BLOCK GRANT (COBO) BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO. 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. 19, Series of 2015, covering the City's participation in the Arapahoe County CDBG Entitlement Program for funding years 2016 through 2018; and WHEREAS, the Englewood City Council passed Resolution 96, Series of 2015, that authorized Housing and Community Development to submit an application for 2016 COBO funding; and • WHEREAS, the Energy Efficient Englewood Project has been categorized as a housing rehabilitation activity. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 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: ENHS 1603, 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 is hereby authorized to sign said Agreements for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 17th day of October, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 20th day of October, 2016. Published as a Bill for an Ordinance on the City's official website beginning on the 19th day of October, 2016 for thirty (30) days. 1 Read by title and passed on final reading on the 7lh day of November, 2016. Published by title in the City's official newspaper as Ordinance No.~ Series of 2016, on the 10th day of November, 2016. Published by title on the City's official website beginnin on the 9th day of November, 2016 for thirty (30) days. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is ,aJ!.Ue copy of the Ordinance passed on final reading and published by title as Ordinance No. ':f{t, Series of 2016. a 2 • • • • SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY CO1\1MUNITY DEVELOPMENT BLOCK GRANT FUNDS SUB GRANTEE: City of Englewood PROJECT NAME: Energy Efficient Englewood (E3) PROJECT NUMBER: ENHS1603 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 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) (Project) will be canied 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 COBO 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 obligat ion of the County to the SubGrantee beyond the current fiscal year is also contingent upon adequate funds being appropriated, budgeted and otherwise available . 1 A T T A C FI M E N T l 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 Perfonnance 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 0MB Unifonn Guidance §200.501, and other applicable federal regulations. 2 • • • ID. 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. 24 CFR Part 570; 2. 24 CFR Parts 84 and 85 as applicable per 24 CFR 570.502; 3. Title VI of the Civil Rights Act of 1964; 4. Title VIll of the Civil Rights Act of 1968; 5. Sections 104(b) and 109 of the Housing and Community Development Act of 1974; 6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284. and Executive Order 11063; 7. Section 504 of the Rehabilitation Act of 1973; 8. Asbestos guidelines established in CPD Notice 90-44; 9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CPR Part 39; 10. Non-discrimination in employment, established by Executive Order 11246; 11. Equal employment opportunity and minority business enterprise regulations established in 24 CFR part 570.904; 12. 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. 13. 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; 14. Lead Based Paint regulations established in 24 CFR Parts 35 and 570.608; 15. Audit Requirements established in 0MB Uniform Guidance §200.501; and 16. Cost principles established in 0MB Uniform Guidance §200.430 and §200.431 as applicable per 24 CFR 570.502; 17. Conflict of Interest: a) Applicability. ( l) In the procurement of supplies, equipment, construction, and services by the County and by the SubGrantee, the conflict of interest 3 c) d) 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 COBO-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter. 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. 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)(l) 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 detennining whether to grant a requested exception after the County has satisfactorily met the requirements of paragraph (d)(l) of this section, HUD shall conclude that such an exception will serve to further the .. purposes of the Act and the effective and efficient administration of 4 • • • • • 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 . 18. 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. 19. 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", Fonn HUD-4010. 20. Lead Based Paint Regulations If the Project involves acqms1t1on, construction, demolition. rehabilitation, or any other activity related to residential housing, and 5 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. 21. 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. Unifollll 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. 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 • 6 • • • 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 COBO 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. F. Indemnity To the extent allowed by law, the SubGrantee shall indemnify and hold hannless 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, 7 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 2. 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 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 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. 8 • • • • c • d. 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. 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 $150,000): I. 2. 3. A bid guarantee from each bidder equivalent to 5% of the bid price; A perfonnance bond on the part of the contractor for 100% of the contract price; and 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 COBO 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 perfonning 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 confinned. 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 tenn 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. 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 9 include providing to the County the infonnation necessary to complete annual Performance Reports in a timely fashion. J. Timeliness The SubGrantee shall comply with the perfonnance 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 fonn 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. 0. Subcontracts If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreement shall apply to any subcontract. 10 • • P. Suspension or Termination This Agreement may be inunediately 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 malcing 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. 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 11 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. RESPONSIBILITIBS 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 perfonnance 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 infonnation required of the County are filed with HUD and other applicable Federal agencies in a timely fashion . V. EXTENT OF THE AGREE1\.1ENT 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 • 12 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 Arapahoe County Housing and Community Development 1690 W. Littleton Blvd., #300 Littleton, CO 80120-2069 To the SubGrantee: City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Attn: Nancy Fenton In Witness Whereof, the Parties have caused this Agreement to be duly executed this _____ day of ________________ _ SubGrantee : City of Englewood Signature Joe Jefferson, Mayor Name & Title Board of County Commissioners Arapahoe County, Colorado Don Klemme on behalf of the Board of County Commissioners Pursuant to Resolution #160097 13 • • COUNCIL COMMUNICATION Date: Agenda Item Subject: November 7, 2016 9biv Intergovernmental Agreement between the City and Arapahoe County INITIATED BY: STAFF SOURCE: Community Development Department Harold J. Stitt, Senior Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council passed Ordinance No . 19, Series of 2015 authorizing the City's participation in the Urban County Entitlement Program for CDBG and HOME funds for fiscal years 2016 through 2018. Council passed Resolution No. 96, Series of 2015 authorizing the Community Development Department to submit an application for 2016 CDBG funding. Council approved the CDBG Intergovernmental Agreement between the City and Arapahoe County on first reading at the October 17, 2016 regular City Council meeting. RECOMMENDED ACTION Approve a Bill for an Ordinance authorizing the execution of an Intergovernmental Subgrantee Agreement for the 2016 Arapahoe County Community Development Block Grant Program between the Arapahoe Board of County Commissioners and the City of Englewood . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Federal Community Development Block Grant (CDBG) Program provides grants to units of local government and urban counties to meet housing and community development needs. The objective of the Program is achieved through projects developed by the local government that are designed to give priority to those activities that benefit low and moderate-income families. Funds are allocated by statutory formula to each entitlement area. Arapahoe County is an approved entitlement area. The grant funds are distributed by Arapahoe County to each participating city within the county. For FY2016, funds were approved to support the following project: $114,750 for the Energy Efficient Englewood (E3) project to provide matching grants to twelve low to moderate income homeowners for energy efficiency interior and exterior home improvements. FINANCIAL IMPACT The existing employees in Community Development are available to administer the projects and their salaries and benefits are part of the City's contribution. The City will utilize a portion of the CDBG funding from the project (est. $4,000) to partially offset the costs of those salaries and benefits. LIST OF ATTACHMENTS Bill for an Ordinance Subgrantee Agreement COUNCIL COMMUNICATION Date: Agenda Item Subject: October 17, 2016 11aiii Intergovernmental Agreement between the City and Arapahoe County INITIATED BY: STAFF SOURCE: Community Development Department Harold J. Stitt, Senior Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council passed Ordinance No. 19, Series of 2015 authorizing the City's participation in the Urban County Entitlement Program for CDBG and HOME funds for fiscal years 2016 through 2018. Council passed Resolution No. 96, Series of 2015 authorizing the Community Development Department to submit an application for 2016 CDBG funding. RECOMMENDED ACTION Approve a Bill for an Ordinance authorizing the execution of an Intergovernmental Subgrantee Agreement for the 2016 Arapahoe County Community Development Block Grant Program between the Arapahoe Board of County Commissioners and the City of Englewood. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Federal Community Development Block Grant (CDBG) Program provides grants to units of local government and urban counties to meet housing and community development needs. The objective of the Program is achieved through projects developed by the local government that are designed to give priority to those activities that benefit low and moderate-income families. Funds are allocated by statutory formula to each entitlement area. Arapahoe County is an approved entitlement area. The grant funds are distributed by Arapahoe County to each participating city within the county. For FY2016, funds were approved to support the following project: $114,750 for the Energy Efficient Englewood (E3 ) project to provide matching grants to twelve low to moderate income homeowners for energy efficiency interior and exterior home improvements. FINANCIAL IMPACT The existing employees in Community Development are available to administer the projects and their salaries and benefits are part of the City's contribution. The City will utilize a portion of the CDBG funding from the project (est. $4,000) to partially offset the costs of those salaries and benefits. LIST OF ATTACHMENTS Bill for an Ordinance Subgrantee Agreement