HomeMy WebLinkAbout2015 Ordinance No. 039.,
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ORDINANCE NO.M.
SERIES OF 2015
BY AUTHORITY
COUNCIL BILL NO. 46
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL SUBGRANTEE AGREEMENT FOR A 2015 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) 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. 25, Series of 2012, covering the City's participation in the Arapahoe County
CDBG Entitlement Program for funding years 2013 through 2015; and
WHEREAS, the Englewood City Council passed Resolution 79, Series of 2014, that
authorized Housing and Community Development to submit an application for 2015 CDBG
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 1503, 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 8th day of September, 2015.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 10th day of
September, 2015.
Published as a Bill for an Ordinance on the City's official website beginning on the 9th day of
September, 2015 for thirty (30) days.
Read by title and passed on final reading on the 21st day of September, 2015 .
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Published by title in the City's official newspaper as Ordinance No!tJ.., Series of 2015, on
the 24th day of September~ 2015 .
Published by title on the City's official website beginning on the 23rd day of
September, 2015 for thirty (30) days.
dy P. Peon, Mayor
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is~true copy of the Ordinance passed on final reading and published by
title as Ordinance No./ Series of 2015.
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• SUBGRANTEEAGREEMENTFOR
ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEB: City of Englewood
PROIBCT NAMB: Energy Efficient Englewood (E3)
PROIBCT NUMBER: ENBS1503
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
L 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
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.
n:. 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 $127,500. 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
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obligation of the County to the Subdrantee beyond the cmrent fiscal year is also contingent
upon adequate funds bc~g 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 Bxhib\t A, the SubOranteo shall transfer to the County any CDBG
funds on band at the time of expiration and any accounts receivable attributable to tho usa
of CDBO funds, Thesa transfarred funds shall revert to the County and be utilized for
other purposes.
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All Project ~tivitiea shall bo completed and draw request& submitted by tho Deadline unless
the Subgrantee notifies the County in writing thirty (30) days prior to the DeadJfne that the
funds cannot bo 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 considmd the work day prior to tha scheduled completion date. If the
project requires additional time past the extended Deadline, the Agreement must bo
modified by mutual agn:emont of the County and the SubOrantee.
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C. Performance Criteria
In accordance with the funding application submitted by the SubOrantee for the Project, the
criteria listed below are to bo 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
I. Project reports · will be due ~thhl twenty (20) .days follo~ing the eni of each
reporting period as specified in Bxln'bit A Scope of Services until tho Project is
completed. ~.
2. , The official annual audit and/or F'mancial Statements for the SubGrantcc in
which both rcvenuea and expendi• for .the CDBG Projects described herein
arc detailed ere due annually. The last completed official annual audit report
and/or Financial Statemr.nts shall ~ due on May 31, and for four (4) years
thereafter on May 31. . . • , , . . . .:-.. .
3. Non-profit organizations that expend $500,000 or more annually in federal
funds shall comply with the Single Audit Act of 1984, as amended. as
implemented in 0MB Uniform Guidance §200.501, and other applicable
federal regulations, . .
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m. ~PONSmILITIF.S 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 VIII 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 CFR 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 arc 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 .
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d)
( 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 CPR 570.202; or grants, loans, and other assistance to
businesses, individuals, and other private entities pursuant to 24
CFR 570.203, S70.204, 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
I.hos~ w ilh whom they have business or imm~<liale family . tic5,
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 determining
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
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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.
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", Form
HUD-4010.
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20. 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
S70.608. Further, all applic_able 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 regulatjon
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
envirunmeni.al review and, if required, recdpl by ArdpiWl,Jt, Cuuuly
of a release of funds from the U.S. Department of Housing and
Urban Development under 24 CFR Part 58. The parties furth er 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 ReJocation 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 •
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review by the County or any federal agency, as required by the
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B. Non-Appropriations ~use
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 liabili~ 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 fundmg 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 putposes approved by the County. Said
funds shall not be used for any non-approved pwposes .
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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 harmless the County
and its elected and appointed officials, officers, employees and agents from and against any
aIJ,d 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 SubGraotee, its officers , employees , agents ,
contractors or subcontractors, arising out of or in any way connected with the Project or the
performanceofthiscontract
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 minim um amounts of insurance as follows:
1. Comprehensive General Liability: In the amount of not less than $i,OOO,OOO
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 Llability: In the amount of not less than
$1,000,000 combined single limit for bodily injwy 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.
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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 11 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 fonn 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.
S. 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 $100,000):
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.
R 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
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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
L 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 agree., that before the County can distribute any CDBG funds to it, the
SubGrantee must submit to the Councys Housing and Community Deveiopment Service:i
Division documentation in the form required by that Division which properly and fully •
jdentifies the amount which the SubOrantee 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 Prog:ram 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 shaU adhere to the requirements
of 24 CFR Parts 84 or 85 (as applicable) regarding the use and disposition of real property.
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• N. State and County Law Compliance
• All responsibilities of the SubOrantee enumerated herein shall be subject to applicable State
of Colorado statutes and County ordinances, resolutions, rules, and regulations.
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 SubOrantee.
Q. Urban County Designation
In the event that the Unit of General Local Government should withdraw from the County's
11Urban County" designation, this Agreement shall terminate as of the termination date of the
County's COBO 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
· of:µcer 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.
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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
dis allowance. ·
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 provi~d 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. RESPONSmILITIES OF THE COUNTY
A. .Admtoistrative 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 . Accord4tgly, 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 Countys 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.
V, EXTENT OF THE .t\GREEMENT
This agreement, including any documents a~hed .. 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 jwisdiction ~ be void and/or unenfo~!lble, it is the intent of the
parties that the remaining portions of this agreement shall be of full force and effecl _ ,. ·
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
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
_____ dayof ___________ _,201S.
SubGrantee: City of Englewood
Signature
Randy P. Penn, Mayor
Name&Title
Board of County Commissioners
Arapahoe County, Colorado .
Don Klemme on behalf of the Board of County Commissioners
Pursuantto Resolution #150211 .
•
•
• EXHIBIT A
SCOPE OF SERVICES
FOR CDBG REHAB
Project Name: Englewood -Energy Efficiency Englewood (E3)
Program Name: Community Development Block Grant (CDBG)
CFDA #: CDBG 14.218
Project#: ENHS 1503
AGREEMENT AMOUNT: $127,500
AGREEMENT END DATE AND PROJECT DEADLINE: 4/30/2016
INTRODUCTION
This Scope of Services Is attached to and Incorporated Into the SubGrantee Asreement between the
Board of County Commissioners of the County of Arapahoe, State of Colorado and the City of Enslewood
(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 Objectlve1 : Benefit to low-and moderate-Income (LMI) housing
HUD Matrix Code: 14A Rehab: Single Unit Residential Proposed Number of
beneficiaries•:
Accomplishment Type: 10 LMC Household
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*Beneficiaries are to be counted by the number of total number of D PEOPLE or 1:81 HOUSEHOLDS
who will benefit from the project (Including all members of a household).
The Project will be carried out under the:
D COBG Area Benefit definition 1:8] CDBG Limited Cllentele d.eflnltlon
For Limited Cllentele Activities: Select which method of Income verification will be used:
0 Self-Certification 1:8] Verification with supporting Income documentation
If Income will be verified2, select the method that will be used to determine annual household Income:
D N/ A 1:8] Part 5 Section 8 D Census Long Form D IRS Form 1040 Long Form
1 Change to appropriate Natlonal Objective If necessary.
2 For descriptions of each Income verlflcatlon method and required documentation, go to:
http://www.hud.goy/offlces/cpd/affordablehous!ng/tralnlng/web/calculator/calculator.cfm
This website provides an on-llne 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.
Page 1
2. ACTIVITY DESCRIPTION/PERFORMANCE GOALS
a. Purpose (short description of program purpose)
·:rhe E3 project wlll provide grants up to $B,000 with a homeowner's match of20% 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
To provide grants to 14 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: IZ!Another unit of local gov't; □Another public agency; Oceco only; D -. Subreclplent only; u ceoo designated as suorec1p1ent
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:
• Market the program;
• Accept all applications;
• Determine applicants' eligibility and approve or deny grants;
• Maintain a list of approved contractors;
• Complete a Site Specific Environmental Review;
• Contact Arapahoe County Weatherlzatlon, If eligible refer client;
• Determine needs and develop comprehensive work specifications based on
Energy Audit;
• Prepare client documentation;
• Monitor rehab activity;
• Comply with lead-based paint regulations and ensure that tenants, owners
and contractors are aware of their rights, responsibllltles and options;
• Maintain prog_ram activity records and pro~uce reports as set. forth In this
contract;
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•
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• Comply with State Historic Preservation Office (SHPO) Agreement for work
completed on homes so years or older, or homes eligible for historic
preservation designation;
• Contact SHPO for work on homes 50 years or older, or homes eligible for
historic preservation that Is not Included In the programmatic agreement;
• Homeowner selects company/Individual to ~onduct work or purchase
materials. Company name and/or Individual nan:ie must be matched against
the Federal Excluded Party List System by City staff to Insure eligibility to
receive federal fµnds. 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.
• 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;
• Payment may be made either directly to homeowner, upon receipt of paid
Invoices, or paid directly to company/Individual. Reimbursement Is SO% of
the total Invoice when a 20% match Is required. Coples of checks and
Invoices are placed In file;
• Items will meet or exceed energy standards set forth at
www.energystar.gov: and
• Homeowner sign-off on the Job being completed as stated In the description
of work.
• Drawdown requests must be accompanied by monthly reports, Including
demographics (Income, race/ethnicity) for persons served .
• 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:
• Proceeds from the sale or lease of property purchased or Improved with CDBG funds
until five years after the termination of this Agreement;
• Proceeds from the sale or lease of equipment purchased with CDBG funds;
• 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;
• Payments of principal and Interest on loans made by the SubGrantee using COBG funds;
• Proceeds from the sale of loans or obligations secured by loans made with CDBG funds;
• 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
• 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.
Page~
The County Oauthorlzes 18jdoes 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.
I. Budget
ITEM
Admin-Personnel Costs
Admin-Lead Based
Paint Tcstin
Grants for Energy
Efficienc
TOTAL
BUDGET
$177-t:A,f'••: ., :. . ,~_.,:·•·
AMT.PD BY
COUNTY
The amounts In each budget line Item may be adjusted with the written approv.il of the County; provided, however, that the
total amount of the award does not chan1e .
•
Retalnage: Up to 5" of each draw may be retained to ensure that the work ls completed satlsfactorlfy. Retalnage withheld wlll
be paid within 60 days upon the completion and satisfactory Inspection of tht work. -
3. DRAW REQUESTS
Draw requests are due for each calendar month by the 20m 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):
181 Third-party Invoices or receipts
181 Check copies showing payment cashment (cancelled checks)
D Lien Waivers
0 Davis-Bacon Certified Payrolls
f8J Federal Accountability and Transparency Act form (Attachment 1)•
*Per the ~deral Accauntab/1/ty and Transparency Act of 2006 as amended, compensation data for certain
afftclafs must be reported. The report form Is attached herein as Attachment J. This farm must be
submitted with the first draw request and updated If tht:tt are changes 181 Site Specific Environmental Review checklists
Note: Payments on draws submitted after May 20 may be delayed due to end-of-year HUD reporting
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4. REPORTING
Data collection must be completed demonstrating f ncome ellglbillty 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 ~ach calendar month by the 20th day of the following month. Reports must Include:
• No. of beneficiaries served during the reporting period
• Demographic Information• for D the Individual served, or [81 each household
• Household Income• (If applicable)
• Brief narrative report on activities contained in Section 2
• Program Income
•HCOS 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:
• Unique Identifier: Name and address
• Whether the head of household Is female and/or disabled
• Whether the head of household Is aged 62 years or older
• Total number of household members
• Total Income of all household members
• Ethnicity: Hispanic or Latino OR Not Hispanic or Latino of each household member
• 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
• Signature attesting to the accuracy of the Information submitted.
S. RECORD-KEEPING ANO MONITORING
SubGrantee shall retain on file the following documents for a period of five years beyond the final close-
out of this grant. Flies 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 Subreclplent
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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 SubRecfplent and homeowner
7. Promissory Note and Deed of Trust, Including any addenda, If appllcable
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 Certlflcate 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. Coples 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)
.F.Of! CQUN'f¥,4S~QNL'(.f R:~.~l !QIS,~_EPO~~
1. Performance Goal: Ocreata suitable llvln1 environments; lmPravlde decent affordable houslna; □create economic: opportunities
2. Performance Outcome:□ Availabnlty/Ac:c:esslbllltr, □ AffordabUlty; ~ Sustalnablllty
3. Check box If projtc:t addrtss Is to be m1rbd as confldentlal 0
4. Activity Purpose: □Prevent H11melessneu; OH ■lp the Homeless; □Help those with HIV/AIDS; □Help pen11ns with dlsabllltles
s. (JAa:ompNshments to be reported at another activity: 10IS •--
6, Ac:tlvlty beln1 arrted out by Grantee? (Jyes; ~no If yes, actMty Is belna arrh:d out thnlugh: [J£mp1oyees; □ contractors; 0
Both
7. If Aareement Is with another County dep1r1ment. the activity wlll be carried out by: □county employees; Dcontrac:tors;
□Both
8. Area Type: □CDFO Area: □Local Tarset Area; Ostrate1Y Area
9, Speclal Charact1rlstlcs: DPresldenUally Declared major Disaster Area; □Historic: PreseMtlon Area; Oarawnffeld Redevelopment
Art ■ -Indicate number of acres ll!medlated:
10 . Activity Information : Done-for-One RepllCeffll!~ □Displacement; □Favored Activity; 05peclal Assessment; 0Rev0Mn1 Fund;
□Float Funded
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Attachment 1
Federal Funding Accountability and Transparency Act (FFATA}
In accordance with Federal Acquisition Regulation Clause S2.204-10, reporting is required for awards of$25,000 or
more.
Inf'ormation Field Response
Definllio1111 can be found oa the reverse of this form.
1. Agency or Jurisdiction DUNS number: Arapahoe County
2. Subrecipient name Receiving Award: City of Englewood
3. Subrecipient Parent DUNS number:
(report if different from agency number
above)
4. Location of Entity Receiving Award:
(full street address)
s. 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 AcL .
b.} 809& or more of its annual gross revenues
from federal procurement contracts/subcontracts
and/or federal financial assistance awards or
subawards subicct to the Transoarency AcL
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
Exchan2e Act of 1934 or the IRS.
An answer to question 7 ii required ONLY when aU answers to questions 6 an true.
7, Names and total compensation of the five (5) most highly compensated Executives for the preceding fiscal
year:
Print Name Compensation Amount
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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
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 (O-U-N-S Numbers), which are nine-digit sequences recognized as the
universal standard for Identifying business entitles and corporate hierarchies. Any organization
that h_as a Federal contract or grant niust havEt a DUNS Number. ·
2~ The name of the entio/ recel~ng the award; Sub-Grantee, Sub-R~clpie~t; Sub-Awardee.
3. The DUNS Number of thEt agency receiving the award (if different than ·sub-Reclpl~nt in box
#1),_whlch Is used as the .unique entlty_ldentlfler, DUNS ~umber.• Dun and Bradstreet (D&B)
-This commerclal entity maintains a repository of unique Identifiers (DUNS Num~ers); which
are nln"e-dlglrseiquences rEic'ognized as the universal standard for Identifying business entitles
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, congres~lonal district, and country~ · ·-
5. The primary location of performance under the award Including the city, state, congresslonal
district, and country. · . . . .
a. 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, $25,000l000 or more .in annual gross revenues from Federal awards, and the publlq
does not already have access_ to data on executive compensation through reports flied under
section 13(a) or 15(d) of the Securities Exchange Act of 1934, or section 6104 of the Internal
Revenue Code of 1986.
Page 8
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•
COUNCIL COMMUNICATION
Date Agenda Item Subject:
September 21, 2015 9bi Intergovernmental Agreements
between the City and Arapahoe
County-2nd reading
INITIATED BY: STAFF SOURCE:
Community Development Department Harold J. Stitt, Senior Planner
PREVIOUS COUNCIL ACTION
Council passed Ordinance No. 25, Series of 2012 relating to the participation in the Urban County
Entitlement Program for CDBG and HOME funds for fiscal years 2013 through 2015; Resolution No. 71,
Series of 2013 supporting the submission of applications for 2014 CDBG funding; Ordinance 37, Series of
2014 approving an IGA with Arapahoe County for 2014 CDBG funding; and Resolution No. 79, Series of
2014 supporting the submission of applications for 2015 CDBG funding.
This proposed Ordinance was approved on first reading on September 8, 2015.
RECOMMENDED ACTION
Approve a Bill for an Ordinance, on second reading, authorizing the execution of an Intergovernmental
Subgrantee Agreement for the 2015 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 desi gned 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 FY2015, funds were approved to support the following project:
$127,500 for the Energy Efficient Englewood (E3) project to provide matching grants to fifteen low to
moderate income homeowners for energy efficiency interior and exterior home
improvements; and,
An additional $22,500 of the City's $150,000 allocation of CDBG funds was approved by Arapahoe County
to support the House of Hope Staffing project. It was requested that Arapahoe County contract directly
with Family Tree for the administration of this project.
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 both projects (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:
September 8, 2015 11 aii Intergovernmental Agreements
between the City and Arapahoe
County
INITIATED BY: STAFF SOURCE:
Community Development Department Harold J. Stitt, Senior Planner
PREVIOUS COUNCIL ACTION
Council passed Ordinance No. 25, Series of 2012 relating to the participation in the Urban County
Entitlement Program for CDBG and HOME funds for fiscal years 2013 through 2015; Resolution No. 71,
Series of 2013 supporting the submission of applications for 2014 CDBG funding; Ordinance 37, Series of
2014 approving an IGA with Arapahoe County for 2014 CDBG funding; and Resolution No. 79, Series of
2014 supporting the submission of applications for 2015 CDBG funding.
RECOMMENDED ACTION
A Approve a Bill for an Ordinance authorizing the execution of an Intergovernmental Subgrantee Agreement
W for the 2015 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 FY201 5, funds were approved to support the following project:
$127,500 for the Energy Efficient Englewood (E 3
) project to provide matching grants to fifteen low to
moderate income homeowners for energy efficiency interior and exterior home
improvements; and,
An additional $22,500 of the City's $150,000 allocation of CDBG funds was approved by Arapahoe
County to support the House of Hope Staffing project. It was requested that Arapahoe County contract
directly with Family Tree for the administration of this project.