HomeMy WebLinkAbout2014 Ordinance No. 037' ' ..
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ORDINANCE NO.»
SERIES OF 2014
BY AUTHORITY
CONTRACT NO, :0-1.o\ L\
6 -2Pli.-\
COUNCil.. Bil..L NO. 38
INTRODUCEDBYCOUNCil..
MEMBER OLSON
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF TWO
INTERGOVERNMENTALSUBGRANTEEAGREEMENTSFOR2014COMMUNITY
DEVELOPMENT BLOCK GRANTS (CDBG) BETWEEN THE ARAPAHOE BOARD OF
COUNTY CO:MMISSIONERS 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 71, Series of 2013, supporting
Housing and Community Development that authorized submitting an application for 2014 CDBG
funding;and
WHEREAS, the Energy Efficient Englewood Project has been categorized as a housing
rehabilitation activity; and
WHEREAS, the Housing Rehabilitation 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 I. The Subgrantee Agreement for Arapahoe County Community Development Block
Grant Funds -Subgrantee: City of Englewood, Project Name: Energy Efficient Englewood (E3)
Project Number: ENHS 1405, attached hereto as Attachment 1, is hereby accepted and approved
by the Englewood City Council.
Section 2. The Subgrantee Agreement for Arapahoe County Community Development Block
Grant Funds -Subgrantee: City of Englewood, Project Name: Housing Rehabilitation Project
Number: ENHS 1406, attached hereto as Attachment 2, is hereby accepted and approved by the
Englewood City Council.
Section 3. Community Development Block Grant (CDBG) funds are Federal Housing and
Urban Development funds which are administered through Arapahoe County, Colorado.
Section 4. The Mayor is hereby authorized to sign said Agreements for and on behalf of the
City of Englewood, Colorado.
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Section 5. The City Manager shall be authorized to further extend the subgrantee agreements
for Project Number EN HS 1405 and Project Number EN HS 1406 attached hereto
for the Arapahoe County Community Development Block Grant Program as needed through
2015.
Introduced, read in full, and passed on first reading on the 7th day of July, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 11 th day of
July, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 9th day of
July, 2014 for thirty (30) days.
Read by title and passed on final reading on the 21 M day of July, 2014.
Published by title in the City's official newspaper as Ordinance No. 3'1 Series of 2014, on
the 25th day of July, 2014.
Published by title on the City's official website beginning on the 23rd day of
July, 2014 for thirty (30) days.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is we copy of the Ordinance passed on final reading and published by
title as Ordinance No.~ Series of 2014.
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SUBGRANTEEAGREEMENTFOR
ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: City of Englewood
PROJECT NAME: Energy Efficient Englewood (E3)
PROJECT NUMBER: ENHS 1405
This Agreement is made by and between the Board of County Commissioners of the County
of Arapahoe, State of Colorado, for the Community Development Block Grant Program in
the Community Resources Department (hereinafter referred to as the County) and the City
of Englewood (hereinafter referred to as the SubGrantee) for the conduct of a Community
Development Block Grant (CDBG) Project
I. PURPOSE
The primary objective of Title I of the Housing and Community Development Act of 1974,
as amended, and of the Community Development Block Grant (CDBG) Program under this
Title is the development of viable urban communities, by providing decent housing, a
suitable living environment and expanding economic opportunities, principally for low and
moderate income persons.
The project by the SubGrantee known as Energy Efficient Englewood (E3) (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.
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 $100,000. Drawdowns for the payment of
eligible expenses shall be made against the line item budgets specified in the Project
Budget and in accordance with perlormance criteria established in Exhibit A Scope
of Services. The parties expressly recognize that the SubGrantee is to be paid with
CDBG funds received from the federal government, and that the obligation of the
County to make payment to SubGrantee is contingent upon receipt of such funds. In
the event that said funds, or any part thereof, are, or become, unavailable. then the
County may immediately terminate or. amend this agreement. To the extent C.R.S.
§ 29-1-110 is applicable, any financial obligation of the County to the SubGrantee
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beyond the current fiscal year is also contingent upon adequate funds being •
appropriated, budgeted and otherwise available.
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 COBO funds. These transferred funds shall
revert to the County and be utilized for other purposes.
8. Timeline
All Project activities shall be completed and draw requests submitted by the
Deadline unless the Subgrantee notifies the County in writing thirty (30) days prior
to the Deadline that the funds cannot be disbursed. An extension may be granted, in
writing, in which all draw requests be submitted and Project activities shall be
completed by thirty (30) days following the Deadline. In the event that the
completion deadline falls on a weekend or holiday, the Deadline will be considered
the work day prior to the scheduled completion date. If the project requires
additional time past the extended Deadline, the Agreement must be modified by
mutual agreement of the County and the SubGrantee.
C. Performance Criteria
In accordance with the funding application submitted by the SubGrantee for the •
Project, the criteria listed below are to be met during the execution of the Project as
identified in Exhibit A Scope of Services.
1. Quantifiable Goals
2. Community Impact
3. Monthly Performance Standards
D. Reporting Requirements
1. Project reports will be due within twenty (20) days following the end of
each reporting period as specified in Exhibit A Scope of Services until
the Project is completed.
2. The offici al 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 $500,000 or more annually in
federal funds shall comply with the Single Audit Act of 1984, as
amended, as implemented in 0MB Circular A-133, and other
applicable federal regulations.
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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 VIlI 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.Part39;
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 Circular A-133; and
16. Cost principles established in 0MB Circulars A-87 and A-122 as
applicable per 24 CFR 570.502;
17. Conflict of Interest:
a) Applicability.
(I) In the procurement of supplies, equipment, construction,
and services by the County and by the SubGrantee, the
conflict of interest provisions in 24 CFR 85.36 and 24 CFR
84.42, respectively shall apply.
(2) In all cases not governed by 24 CFR 85.36 and 84.42, the
provisions of 24 CFR 570.611 (2) shall apply. Such cases
include the acquisition and disposition of real property and
the provision of assistance by the County or by its
SubGrantees to individuals, businesses, and other private
entities under eligible activities that authorize such
assistance (e.g., rehabilitation, preservation, and other
improvements of private properties or facilities pursuant to
24 CFR 570.202; or grants, loans, and other assistance to
businesses, individuals, and other private entities pursuant
to 24 CFR 570.203, 570.204, 570.455, or 570.703 (i)).
b) Conflicts prohibited. The general rule is that
persons described in paragraph (c) of this section who
exercise or have exercised any functions or responsibilities
with respect to CDBG activities assisted under this part, or
who are in a position to participate in a decision-making •
process or gain inside information with regard to such
activities, may not obtain a financial interest or benefit
from a COBO-assisted activity, either for themselves or
those with whom they have busines s or immediate family
ties, during their tenure or for one year thereafter.
c) Persons covered. The conflict of interest provisions of
paragraph (b) o f this s ection 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 fu nds
under this part.
d) Exceptions. Upon the written request of the County, HUD
may grant an exception to the prov isions 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 •
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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 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) ofthis 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 b id
and contract documents, as well as the "Federal Labor
Standards Provisions", Form HUD-4010.
20. Lead Based Paint Regulations
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If the Project involves acquisition, construction, demolition,
rehabilitation, or any other activity related to residential
housing, and the building was built prior to 1978, Lead Based
Paint Laws and Regulations apply, as established in 24 CFR
Parts 35 and 24 CFR 570.608. Further, all applicable federal
and state laws relating to lead-based paint must be followed,
including such regulations promulgated by the U.S.
Environmental Protection Agency and the State Department
of Public Health and Environment, including regulations for
non-housing buildings. If the SubGrantee does not follow •
and document lead based paint laws and regulation
compliance, the SubGrantee will not be eligible for
reimbursement.
21. Environmental Review
N otwithstanding any provision of this A greement, 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.
21. Uniform Relocation Act (URA)
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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.
B. Non-Appropriations Clause
The SubGrantee agrees that it will include in every contract it enters, which relies
upon CDBG monies for funding, a non-appropriation clause that will protect itself,
and the County from any liability or responsibility or any suit which might result
from the discontinuance of CDBG funding for any reason. Because this SubGrantee
Agreement involves funds from a federal grant, to the extent there is a conflict the
funding provisions of this SubGrantee Agreement, the federal grant and the federal
statutes control rather than the provisions of Section 24-91-103.6, C.R.S . with regard
to any public work projects .
c. Expenditure Restrictions
All CDBG funds that are approved by HUD for expenditure under the County's
grant agreement, including those that are identified for the SubGrantee's Projects and
activities, shall be allocated to the specific projects and activities described and listed
in the grant agreements. The allocated funds shall be used and expended only for
the projects and activities for which the funds are identified.
D. Agreement Changes
No projects or activities, nor the amount allocated therefore, may be changed
without approval by the County and acceptance of the revised Final Statement
and/or Consolidated Plan by HUD, if required. Changes must be requested in
writing and may not begin until a modification to this Agreement is fully executed.
E. Direct Project Supervision and Administration
The SubGrantee shall be responsible for the direct supervision and administration of
its respective projects or activities. This task shall be accomplished through the use
of the SubGrantee's staff, agency and employees. The SubGrantee shall be
responsible for any injury to persons or damage to property resulting from the
negligent acts or errors and omissions of its stafft 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 SubGranfee agrees that the funds allocated for any approved projects
or activities shall be sufficient to complete said projects or activities
without any additional CDBG funding.
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F. Indemnity
To the extent allowed byfaw, the SubGrantee shall indemnify and hold harmless the
County and its elected and appointed officials, officers, employees and agents from
and against any and all losses, damages, liabilities, claims, suits, actions or costs,
including attorneys fees,1 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. ComprehensiEe General Liability: In the amount of not less than
$1,000,000 c mbined single limit. Coverage to include:
a. P mises Operations
b. P · ducts/Completed Operations
c. B ad Form Contractual Liability
d. Iqdependent 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
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2. Comprehensive Automobile Liability: In the amount of not less than
$1,000,000 combined single limit for bodily injury and property
damage. Coverage to include:
a. Arapahoe County and the SubGrantee as additional Named
Insured
b. Waiver of Subrogation
3. Employers Liability and Workers Compensation: The Contractor
shall secure and maintain employer's liability and Worker's
Compensation Insurance that will protect it against any and all
claims resulting from injuries to and death of workers engaged in
work under any contract funded pursuant to this agreement.
Coverage to include Waiver of Subrogation.
4. All referenced insurance policies and/or certificates of insurance
shall be subject to the following stipulations:
a. Underwriters shall have no rights of recovery subrogation
against Arapahoe County or the SubGrantee; it being the
intent of the parties that the insurance policies so effected
shall protect the parties and be primary coverage for any and
all losses covered by the described insurance.
b. The clause entitled "Other Insurance Provisions" contained in
any policy including Arapahoe County as an additional
named insured shall not apply to Arapahoe County, or the
SubGrantee.
c. The insurance companies issuing the policy or policies shall
have no recourse against Arapahoe County, or the
SubGrantee for payment of any premiums due or for any
assessments under any form of any policy.
d. Any and all deductibles contained in any insurance policy
shall be assumed by and at the sole risk of the Contractor.
5. Certificate of Insurance: The Contractor shall not commence work
under any contract funded pursuant to this Agreement until he has
submitted to the SubGrantee, received approval thereof, certificates
of insurance showing that he has complied with the foregoing
insurance requirements. The SubGrantee shall also submit a copy of
the Contractor's certificates of insurance to the County.
6. Notwithstanding the provisions contained in this paragraph (H) set
forth hereinabove, the County reserves the right to modify or waive
said provisions for projects or activities for which these provisions
would prove prohibitive. The SubGrantee understands, however,
that the decision to waive or modify those provisions is fully within
the discretion of the County .
In accordance with 24 CFR. parts 84 and 85, the following bonding requirements
shall apply to all projects exceeding the simplified acquisition threshold (currently
$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.
H. Records
The SubGrantee shall maintain a complete set of books and records documenting its
use of CDBG funds and its supervision and administration of the Project. Records
are to include documentation verifying Project eligibility and national objective
compliance, as well as financial and other administrative aspects involved in
performing the Project. The SubGrantee shall provide full access to these books and
records to the County, the Secretary of HUD or his designee, the Office of Inspector
General, and the General Accounting Office so that compliance with Federal laws
and regulations may be confirmed. The SubGrantee further agrees to provide to the
County upon request, a copy of any audit reports pertaining to the SubGrantee's
financial operations during the term of this Agreement. All records pertaining to the
Project are to be maintained for a minimum of five years following close~out of the
Project
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 lillD. This
shall include providing to the County the information necessary to complete annual
Performance Reports in a timely fashion .
J. Timeliness
The SubGrantee shall comply with the performance standards established in Exhibit
A of this Agreement. The SubGrantee understands that failure to comply with the
established standards may lead to a cancellation of the Project and a loss of all
unexpended funds.
K. Reimbursement for Expenses
The SubGrantee agrees that before the County can distribute any CDBG funds to it,
the SubGrantee must submit to the County's Housing and Community Development
Services Division documentation in the form required by that Division which
properly and fully identifies the amount which the SubGrantee is requesting at that
time. The County shall have ten (10) working days to review the request. Upon •
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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.
P. Suspension or Termination
This Agreement may be immediately suspended or terminated upon written
notification from the County if the SubGrantee materially fails to comply with any
term of this Agreement. This Agreement may also be terminated for convenience by
mutual agreement of the County and the SubGrantee.
Q. Urban County Designation
In the event that the Unit of General Local Government should withdraw from the
County's "Urban County" designation, this Agreement shall terminate as of the
termination date of the County's CDBG grant Agreement with ID.JD.
R. Certification
The SubGrantee certifies that to the best of its knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or
on behalf of it, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement; and,
2. If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying/' in accordance with its
instructions.
S. Disallowance
If it is determined by HUD or other federal agency that the expenditure, in whole or
in part, for the SubGrantee's Project o r 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
U pon expiration of this Agreeme nt , the SubGrantee shall transfer to the County any
CDBG funds on hand at the time of expiration and any accounts receivable
attributable to the use of CDBG funds. Any real property under the SubGrantee's
control that was acquired or improved in whole or in part with CDBG funds
(including CDBG funds provided to the SubGrantee in the form of a loan) in
excess of $25,000 is either:
(i) Used to meet one of the national objectives in §570.208 (formerly
§570.901) until five years after expiration of the agreement, or for such
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longer period of time as determined to be appropriate by the County and
specified in Exhibit A Scope of Services; or
(ii) Not used in accordance with national objectives in §570.208 (formerly
§570.901), in which event the SubGrantee shall pay to the County an
amount equal to the current market value of the property less any portion
of the value attributable to expenditures of non-CDBG funds for the
acquisition of, or improvement to, the property.
IV. RESPONSIBILITIES OF THE COUNTY
v.
A. Administrative Control
The Parties recognize and understand that the County will be the governmental
entity required to execute all grant agreements received from HUD pursuant to the
County's requests for CDBG funds. Accordingly, the SubGrantee agrees that as to
its projects or activities performed or conducted under any CDBG agreement, the
County shall have the necessary administrative control required to meet HUD
requirements.
B. Performance and Compliance Monitoring
The County's administrative obligations to the SubGrantee pursuant to paragraph A
above shall be limited to the performance of the administrative tasks necessary to
make CDBG funds available to the SubGrantee and to provide Housing and
Community Development Services staff whose job it will be to monitor the various
projects funded with CDBG monies to monitor compliance with applicable Federal
laws and regulations.
C. Reporting to HUD
The County will be responsible for seeing that all necessary reports and information
required of the County are filed with HUD and other applicable Federal agencies in
a timely fashion.
EXTENT OF THE AGREEMENT
This agreement, including any documents attached as exhibits which are hereby
incorporated herein by reference, represents the entire and integrated agreement
between the County, and SubGrantee and supersedes all prior negotiations,
representations or agreements, either written or oral. Any amendments to this
agreement must be in writing and signed by both the County, and SubGrantee. If
any portion of this agreement is found by a court of competent jurisdiction to be
void and/or unenforceable. it is the intent of the parties that the remaining portions of
this agreement shall be of full force and effect.
VI. NOTI~
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
ATTN: Janet Grimmett
1000 Englewood Pkwy
Englewood, CO 80110
In Witness Whereof, the Parties have caused this Agreement to be duly executed this
_____ dayof ____________ _.2014.
SubGrantee:
Signature -Randy P • Penn
Mayor
Title
Board of County Commissioners
Arapahoe County, Colorado
Don Klemme on behalf of the Board of County Commissioners
Pursuant to Resolution #1301S-i-1 4 c D 0\ '5 •
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EXHIBIT A
SCOPE OF SERVICES
FOR CDBG REHAB
Program Name: Englewood-Energy Efficient Englewood (E3)
CFDA #: CDBG 14.218
Project#: EN HS 1405
AGREEMENT AMOUNT:$ 100,000
AGREEMENT END DATE ANO PROJECT DEADLINE: 4/30/2015
INTRODUCTION
This Scope of Services Is attached to and incorporated into the SubGrantee Agreement between the
Board of County Commissioners of the County of Arapahoe, State of Colorado and the City of Englewood
(SubGrantee) as referenced in the Agreement. The purpose of this Scope of Services is to further
describe the project requirements referenced in Section II. C. -Performance Criteria of the SubGrantee
Agreement.
1. FEDERAL REGULATORY INFORMATION
CDBG National Objective1
: Benefit to low-and moderate-income (LMI) housing
HUD Matrix Code: 14A Single Unit Proposed Number of beneficiaries*: 12
Residential
*Beneficiaries are to be counted by the number of total number of D PEOPLE or 181 HOUSEHOLDS
who will benefit from the project (including all members of a household).
The Project will be carried out under the:
D CDBG Area Benefit definition 181 CDBG Limited Clientele definition
For Limited Clientele Activities: Select which method of income verification will be used:
D Self-Certification 181 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 181 Part S Section 8 D Census Long Form D IRS Form 1040 Long Form
2. ACTIVITY DESCRIPTION/PERFORMANCE GOALS
1 Change to appropriate National Objective If necessary.
2 For descriptions of each Income verification method and required documentation, go to:
http://www.hud.gov/offices/cpd/affordablehousing/tralnlng/web/calculator/calculator.cfm
This website provides an on -line Income calculator for each of the three verification methods. The use of the calculator Is required and a print-
out of the completed calculator for each household assisted must be maintained on file.
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a. Purpose (short description of program purpose)
The E3 project is available within the City of Englewood to assist low and moderate income
families with incentives to encourage conservation and energy efficiency upgrades.
b. Goals and Community Impact
To provide loan and/or grants to 12 single family homeowners within Englewood.
c. Project Address-throughout Arapahoe County
Sites within Englewood addresses unknown at this time.
d. Name of Organization Carrying out the Activity-City of Englewood
Organization is: t81Another unit of local gov't; □Another public agency; Oceoo only; D
Subrecipient only; Oceoo designated as subreclpient
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:
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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 Weatherizatlon, 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, responsibilities and options;
Maintain program activity records and produce reports as set forth in this
contract;
• Homeowner selects company/individual to conduct work or purchase
materials. Company name and/or individual name is matched against the
Federal Excluded Party List System by City to insure eligibility to receive
federal funds. This is completed before any work begins. Once cleared the
homeowner is instructed to proceed and to ensure appropriate permits are
obtained, if required, by the Englewood Building and Safety Division.
• 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;
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o Is consistent with sound business practices; and •
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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 80% of
the total invoice when a 20% match is required. Copies 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.
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 CDBG 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.
The County □authorizes ~does not authorize the SubGrantee to retain Program Income to be
used for eligible CDBG activities. If authorized, Program income may be used for the following
purposes: n/a
Reporting program Income: Monthly, the SubGrantee must report to the County on the
amount of Program Income received, less costs incidental to the generation of Program Income.
Any Program Income in excess of the amount of CDBG funds identified in Section i. Budget must
be repaid to the County.
I. Budget
ITEM TOTAL AMT. PD BY
BUDGET COUNTY
Admin-Personnel Costs $29.375 $1.600
Admin-Lead Based $2,400 :ti2,400
Paint Testing
Grants for Energy $96,000 :Ji96,000
Efficiency
TOTAL $127,775 :t,100,000
The amounts In each budget llne Item may be adjusted wlth the written approval of the County; provided, however, that the
total amount of the award does not change .
Retalnage: Up to 5% of each draw may be retained to ensure that the work Is completed satisfactorily. Retalnage withheld wUI
be paid within 60 days upon the completion and satisfactory inspection of the work.
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3. DRAW REQUESTS
Draw requests are due for each calendar month by the 20th day of the following month. Draw requests
must include:
a. Draw cover sheet showing itemized list of expenditures (HCDS form)
b. Supporting documentation (check all that apply):
~ Third-party invoices or receipts
181 Check copies showing payment cashment (cancelled checks)
D Lien Waivers
D Davis-Bacon Certified Payrolls
~ Federal Accountability and Transparency Act form (Attachment 1)*
•per the Federal Accountablf/ty and Transparency Act of 2006 as amended, compensation data for certain
offlcials must be reported. The report form Is attached herein as Attachment 1. This farm must be
submitted with the first draw request and updated If there are changes
~ Site Specific Environmental Review checklists
Note: Payments on draws submitted after Moy 20 may be delayed due to end-of-year HUD reporting
4. REPORTING
Data collection must be completed demonstrating income eligibility and achievements met towards
meeting the objectives described in Section 2 Activity Description . The disbursement of funds is
contingent upon the receipt of the required information.
Reports are due for each calendar month by the 20111 day of the following month. Reports must include:
• No. of beneficiaries served during the reporti ng period
• Demographic information• for O the individual served, or 181 each household
• Household Income• (if applicable)
• Brief narrative report on activities contained in Section 2
• Program Income
*HCDS will provide a form for the collection of beneficiary Income and demographic information;
however, the SubGrantee may use its own form, or a form used for another fund source for the same
program , provided that the following information is collected:
• 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
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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 AND MONITORING
SubGrantee shall retain on file the following documents for a period of five years beyond the final close-
out of this grant. Files shall be made available to Arapahoe County, the Department of Housing and
Urban Development, the Office of Inspector General, the General Accounting Office, or any other
federal regulatory agency, upon request for monitoring purposes.
1. Agreement between County and SubReciplent
2. Draw Requests and supporting documentation (see Section 3 Draw Requests)
3. Annual audits
Each property file must contain:
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 SubReclpient and homeowner
7. Promissory Note and Deed of Trust, including any addenda, if applicable
8. Title check or copy of deed, documenting ownership of property
9. Site Specific environmental reviews approved by the County
10. EPLS check on contractor and subcontractors used
11. Copy of Flood Insurance Certificate or Policy, if property is located in a FEMA 100-year flood plan
12. Work write-up/scope of work
13. Documentation that the work was conducted per the approved rehab standards and the local
jurisdiction's housing codes
14. Copies of initial and final inspections and check-lists, performed by a licensed contractor
15. Lien waivers obtained for progress payments and final payment from all contractors and
subcontractors
16. Beneficiary Data (see Section 4 Reporting)
FOR COUNTY USE ONLY -FEDERAL IDIS REPORTING
1. Performance Goal: □create suitable living environments; 181.Provlde decent affordable housing; Ocreate economic opportunities
2. Performance Outcome: 0 Avallablllty/AccessibHlty; 0 Affordability; 181 Sustainability
3. Check bo,c If project address ls to be marked as confidential D
4. Activity Purpose: □Prevent Homelessness; OHelp the Homeless; OHelp those with HIV/AIDS; OHelp persons with disabilities
s. OAccompllshments to be reported at another activity: 1015 #
6. Activity being carried out by Grantee? Oves; Ono If yes, activity is being carried out through: □Employees; 0 Contractors; D
Both
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7. If Agreement Is with another County department, the activity will be carried out by: Ocounty employees; Ocontractors;
Oeo1h
8. Area Type: OCDF0 Area; Olocal Tar1et Area ; OStrategy Area
9. Special Characteristics: OPresldentlally Declared major Olsaster Area; □Historic Preservation Area; Oarownfleld Redevelopment
Atea -lndlcate number of acres remedlated:
10. Activity Information: Done-for-One Replacement; ODisplacement; □Favored Activity; Qspeclal Assessment; ORevolvlng Fund;
OFloat Funded
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Attachment 1
Federal Funding Accountability and Transparency Act (FFATA)
In accordance with Federal Acquisition Regulation Clause 52 .204-10, reporting is required for awards of $25,000 or
more.
Information Field Response
Definitions can be found on the reverse of this fonn.
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)
5. Primary location of Performance of the Award:
(City, State and Congressional District)
Answer True or False (below)
6. In the preceding fiscal year, Contractor received:
a.) $25,000,000 or more in annual gross
revenues from federal procurement
contracts/subcontracts and/or federal financial
assistance awards or subawards subject to the
Transparency Act
b.) 80% or more of its annual gross revenues
from federal procurement contracts/subcontracts
and/or federal financial assistance awards or
subawards subject to the Transparency Act.
c.) The public does not have access to
information about the compensation of its five
most highly compensated Executives through
periodic reports filed through the Securities
Exchan2e Act of 1934 or the IRS .
An answer to question 7 is required ONLY when all answers to questions 6 are true.
7. Names and total compensation of the five (5) most highly compensated Executives for the preceding fiscal
year:
Print Name Compensation Amount
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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 (D-U-N-S Numbers), which are nine-digit sequences recognized as the
universal standard for identifying business entities and corporate hierarchies. Any organization
that has a Federal contract or grant must have a DUNS Number.
2. The name of the entity receiving the award; Sub-Grantee, Sub-Recipient, Sub-Awardee.
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3. The DUNS Number of the agency receiving the award {if different than Sub-Recipient in box -
#1), which Is used as the unique entity identifier. DUNS Number-Dun and Bradstreet (D&B)
-This commercial entity maintains a repository of unique identifiers (DUNS Numbers), which
are nine-digit sequences recognized as the universal standard for identifying business entities
and corporate hierarchies. Any organization that has a Federal contract or grant must have a
DUNS Number.
4. The business office location of the entity receiving the award under the award including the
city, state, congressional district, and country.
s. The primary location of performance under the award Including the city, state, congressional
district, and country.
s. The names and total compensation of the five highest-paid officers of an entity if, In the
preceding fiscal year, that entity received: 80% or more of its annual gross revenues In Federal
awards, $25,000,000 or more in annual gross revenues from Federal awards, and the public
does not already have access to data on executive compensation through reports filed under
section 13(a) or 15{d) of the Securities Exchange Act of 1934, or section 6104 of the Internal
Revenue Code of 1986.
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SUBGRANTEEAGREEMENTFOR
ARAPAHOE COUNTY
COI\'.IMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: City of Englewood
PROJECT NAME: Housing Rehabilitation
PROJECT NUMBER: ENHS1406
This Agreement is made by and between the Board of County Commissioners of the County
of Arapahoe, State of Colorado, for the Community Development Block Grant Program in
the Community Resources Department (hereinafter referred to as the County) and the City
of Englewood (hereinafter referred to as the SubGrantee) for the conduct of a Community
Development Block Grant (CDBG) Project
I. PURPOSE
The primary objective of Title I of the Housing and Community Development Act of 1974,
as amended, and of the Community Development Block Grant (CDBG) Program under this
Title is the development of viable urban communities, by providing decent housing. a
suitable living environment and expanding economic opportunities, principally for low and
moderate income persons.
The project by the SubGrantee known as Housing Rehabilitation (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.
D. WORKTOBECOMPLETEDBYTBESUBGRANTEE
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 $27,500. 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
CDBG funds received from the federal government, and that the obligation of the
County to make payment to SubGrantee is contingent upon receipt of such funds. In
the event that said funds, or any part thereof, are, or become, unavailable. then the
County may immediately tenninate or, amend this agreement. To the extent C.R.S.
§ 29-1-110 is applicable, any financial obligation of the County to the SubGrantee
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ill. 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 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
CFRPart 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 Circular A-133; and •
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public disclosure of the conflict and a description
of how the public disclosure was made; and
ii. An opinion of the Countf 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 purposes of the Act and the
effective and efficient administration of the County's
program or project, talcing 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;
ill. 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 malcing 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
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.
B. Non-Appropriations Clause
The SubGrantee agrees that it will include in every contract it enters, which relies
upon CDBG monies for funding, a non-appropriation clause that will protect itself,
and the County from any liability or responsibility or any suit which might result
from the discontinuance of CDBG funding for any reason. Because this SubGrantee
Agreement involves funds from a federal grant, to the extent there is a conflict the
funding provisions of this SubGrantee Agreement. the federal grant and the federal
statutes control rather than the provisions of Section 24-91 -103.6, C.R.S. with regard
to any public work projects.
c. Expenditure Restrictions
All CDBG funds that are approved by HUD for expenditure unde r 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 i dentified.
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
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2. Comprehensive Automobile Liability: In the amount of not less than
$1,000,000 combined single limit for bodily injury and property
damage. Coverage to include:
a. Arapahoe County and the SubGrantee as additional Named
Insured
b. Waiver of Subrogation
3. Employers Liability and Workers Compensation: The Contractor
shall secure and maintain employer's liability and Worker's
Compensation Insurance that will protect it against any and all
claims resulting from injuries to and death of workers engaged in
work under any contract funded pursuant to this agreement
Coverage to include Waiver of Subrogation.
4. All referenced insurance policies and/or certificates of insurance
shall be subject to the following stipulations:
a Underwriters shall have no rights of recovery subrogation
against Arapahoe County or the SubGrantee; it being the
intent of the parties that the insurance policies so effected
shall protect the parties and be primary coverage for any and
all losses covered by the described insurance.
b. The clause entitled "Other Insurance Provisions" contained in
any policy including Arapahoe County as an additional
named insured shall not apply to Arapahoe County, or the
SubGrantee.
c. The insurance companies issuing the policy or policies shall
have no recourse against Arapahoe County, or the
SubGrantee for payment of any premiums due or for any
assessments under any form of any policy.
d. Any and all deductibles contained in any insurance policy
shall be assumed by and at the sole risk of the Contractor.
5. Certificate of Insurance: The Contractor shall not commence work
under any contract funded pursuant to this Agreement until he has
submitted to the SubGrantee, received approval thereof, certificates
of insurance showing that he has complied with the foregoing
insurance requirements. The SubGrantee shall also submit a copy of
the Contractor's certificates of insurance to the County.
6. Notwithstanding the provisions contained in this paragraph (H) set
forth hereinabove. the County reserves the right to modify or waive
said provisions for projects or activities for which these provisions
would prove prohibitive. The SubGrantee understands, however.
that the decision to waive or modify those provisions is fully within
the discretion of the County .
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.
P. Suspension or Termination
This Agreement may be immediately suspended or tenninated 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
longer period of time as detennined to be appropriate by the County and
specified in Exhibit A Scope of Services; or
(ii) Not used in accordance with national objectives in §570.208 (formerly
§570.901), in which event the SubGrantee shall pay to the County an
amount equal to the current market value of the property less any portion
of the value attributable to expenditures of non-CDBG funds for the
acquisition of, or improvement to, the property.
IV. RESPONSIBILITIES OF THE COUNTY
A. Administrative Control
The Parties recognize and understand that the County will be the governmental
entity required to execute all grant agreements received from HUD pursuant to the
County's requests for CDBG funds. Accordingly, the SubGrantee agrees that as to
its projects or activities performed or conducted under any CDBG agreement, the
County shall have the necessary administrative control required to meet HUD
requirements.
B. Performance and Compliance Monitoring
The County's administrative obligations to the SubGrantee pursuant to paragraph A
above shall be limited to the performance of the administrative tasks necessary to
make CDBG funds available to the SubGrantee and to provide Housing and
Community Development Services staff whose job it will be to monitor the various
projects funded with CDBG monies to monitor compliance with applicable Federal
laws and regulations.
C. Reporting to IRJD
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 AGREEMENT
This agreement, including any documents attached as exhibits which are hereby
incorporated herein by reference, represents the entire and integrated agreement
between the County, and SubGrantee and supersedes all prior negotiations,
representations or agreements, either written or oral. Any amendments to this
agreement must be in writing and signed by both the County, and SubGrantee. If
any portion of this agreement is found by a court of competent jurisdiction to be
In Witness Whereof, the Parties have caused this Agreement to be duly executed this
_____ day of ____________ _, 2014.
SubGrantee:
Signature Randy P. Penn
Mayor
Title
Board of County Commissioners
Arapahoe County, Colorado
Don Klemme on behalf of the Board of County Commissioners
Pursuant to Resolution #J..3015'.a \ 4 oo 9.:S-
EXHIBIT A
SCOPE OF SERVICES
FOR CDBG REHAB
Program Name: Englewood--Housing Rehabilitation
CFDA #: CDBG 14.218
Project#: ENHS 1406
AGREEMENT AMOUNT:$ 27,500
AGREEMENT ENO DATE AND PROJECT DEADLINE: 4/30/2015
INTRODUCTION
This Scope of Services Is attached to and incorporated into the SubGrantee Agreement between the
Board of County Commissioners of the County of Arapahoe, State of Colorado and the City of Englewood
(SubGrantee) as referenced in the Agreement. The purpose of this Scope of Services is to further
describe the project requirements referenced in Section II. C. -Performance Criteria of the SubGrantee
Agreement.
1, FEDERAL REGULATORY INFORMATION
• CDBG National Objective1: Benefit to low-and moderate-income (LMI) housing
HUD Matrix Code: 14A Single Unit Proposed Number of beneficiaries•: 3
Residential
*Beneficiaries are to be counted by the number of total number of D PEOPLE or 181 HOUSEHOLDS who
will benefit from the project (including all members of a household).
The Project will be carried out under the:
D CDBG Area Benefit definition 181 CDBG limited Clientele definition
For Limited Clientele Activities: Select which method of income verification will be used:
D 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 181 Part 5 Section 8 D Census Long Form D IRS Form 1040 Long Form
2. ACTIVITY DESCRIPTION/PERFORMANCE GOALS
1 Change to appropriate National Objective If necessary.
i For descriptions of each Income verification method and required documentation, go to:
http://www.hud.go11/offlces/cpd/affordablehouslng/trainlns/web/calculator/calculator.tfm
This website provides an on-line Income calculator for each of the three verification methods. The use of the calculator is required and a print-
out of the completed calculator for each household assisted must be maintained on file,
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• 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 CDBG 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.
The County 181authorizes Odoes 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: The Englewood Housing Rehabilitation Program
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 TOTAL AMT. PDBY AMT PD BY
BUDGET COUNTY Englewood
Admin-Personnel Costs $56,000 $2,500 $53,500
Project Rehab Costs $25,000 $25,uuu
TOTAL $81,000 $27,500 $53,500
The amounts In each budget fine Item may be adjusted with the written approval of the County; provided, however, that the
total amount of the award does not change.
Retalnage: Up to 5" of each draw may be retained to ensure that the work Is completed satisfactorily. Retalnage withheld will
be paid within 60 days upon the completion and satisfactory Inspection of the work.
3, DRAW REQUESTS
Draw requests are due for each calendar month by the 20th day of the following month. Draw requests
must include:
a. Draw cover sheet showing itemized list of expenditures (HCDS form)
b. Supporting documentation (check all that apply):
~ Third-party invoices or receipts
181 Check copies showing payment cashment (cancelled checks)
0 Lien Waivers
0 Davis-Bacon Certified Payrolls-the one unit is considered a group home and therefore
exempt from Davis Bacon
181 Federal Accountability and Transparency Act form (Attachment t)•
•Per the Federal Accountab/llty and Transparency Act of 2006 as amended, compensation data for certain
o/flclals must be reported. The report form Is attached herein as Attachment J . This form must be
submitted with the first draw request and updated If there are changes A
18) Site Specific Environmental Review checklists W
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..
-At minimum, files must contain:
•
•
1. Agreement between County and SubRecipient
2. Draw Requests and supporting documentation (see Section 3 Draw Requests)
3. Annual audits
Each property file must contain:
4. Homeowner application for assistance
5. Source documents used to determine income eligibility and income verification calculator print•
out (if HUD income calculator is used)
6. Agreement between the SubRecipient and homeowner
7. Promissory Nate and Deed of Trust, including any addenda, if applicable
8. Title check or copy of deed, documenting ownership of property
9. Site Specific environmental reviews approved by the County
10. EPLS check on contractor and subcontractors used
11. Copy of Flood Insurance Certificate or Policy, if property is located in a FEMA 100-year flood plan
12. Work write•up/scope of work
13. Documentation that the work was conducted per the approved rehab standards and the local
jurisdiction's housing codes
14. Copies of initial and final inspections and check-lists, performed by a licensed contractor
15. Lien waivers obtained for progress payments and final payment from all contractors and
subcontractors
16. Beneficiary Data (see Section 4 Reporting)
FOR COUNTY USE ONLY-FEDERAL IDIS REPORTING
1. Performance Goal: Ocreate sultable living environments; 181Provlde decent affordable housing; Ocreate economic opportunities
2, Performance Outcome: D Avallabl1lty/ Accesslblllty; D Affordablllty; 181 Sustainability
3. Check box If project address Is to be marked as confidential D
4. Activity Purpose: □Prevent Homelessness; □Help the Homeless; 0Help those with HIV/AIDS; 0Help persons with dlsabllltles
S. □Accomplishments to be reported at another activity: !DIS#
6. Activity being carried out by Grantee? Dves; Ono If yes, activity Is being carried out through: □Employees; D Contractors; D
Both
7. If Agreement Is with another County department, the activity will be carried out by: Ocounty employees; □contractors;
□Both
8. Area Type: OcDFO Area; □Local Tarset Area; Ostratesv Area
9. Special Characteristics: 0Presldentlally Declared major Disaster Area; □Historic Preservation Area; Oerownfleld Redevelopment
Area -Indicate number of acres remedlated:
10. Activity Information: Done.for-One Replacement; Oolsplacement; □Favored Activity; Ospeclal Assessment; □Revolving Fund;
□Float Funded
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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 (D-U-N-S Numbers), which are nine-digit sequences recognized as the
universal standard for identifying business entities and corporate hierarchies. Any organization
that has a Federal contract or grant must have a DUNS Number.
2. T he name of the entity receiving the award ; Sub-Grantee , Sub-Recipient, Sub-Awardee.
3. The DUNS Number of the agency receiving the award (if different than Sub-Recipient in box A.
#1 ), which is used as the unique entity identifier. DUNS Number -Dun and Bradstreet (D&B) •
-This commercial entity maintains a repository of unique identifiers (DUNS Numbers), which
are nine-digit sequences recognized as the universal standard for identifying business entities
and corporate hierarchies. Any organization that has a Federal contract or grant must have a
DUNS Number.
4. The business office location of the entity receiving the award under the award including the
city, state, congressional district, and country.
5. The primary location of performance under the award including the city, state, congressional
district, and country.
6. The names and total compensation of the five highest-paid officers of an entity if, in the
preceding fiscal year, that entity received: 80% or more of its annual gross revenues in Federal
awards, $25,000,000 or more in annual gross revenues from Federal awards, and the public
does not already have access to data on executive compensation through reports filed under
section 13(a} or 15(d) of the Securities Exchange Act of 1934, or section 6104 of the Internal
Revenue Code of 1986.
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COUNCIL COMMUNICATION
Date Agenda Item Subject:
July 7, 2014 9 a ii Intergovernmental Agreements
between the City and Arapahoe
Countv
INITIATED BY: STAFF SOURCE:
Community Development Dept. Harold Stitt, Senior Planner
Janet Grimmett, Housing Finance Specialist
COUNCIL GOAL AND 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 201 S; and also passed
Resolution No. 71, Series of 2013 supporting the submission of applications for 2014 CDBG funding.
RECOMMENDED ACTION
Approve a Bill for an Ordinance authorizing the execution of two Intergovernmental Subgrantee
Agreements for the 2014 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 FY2013, funds were approved to support the following projects:
$100,000
$ 27,500
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; and,
for the Housing Rehabilitation project to provide low interest loans and/or grants to three
income eligible homeowners for health and safety related home improvements.
An additional $22,500 of the City's 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 the 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