HomeMy WebLinkAbout2012 Ordinance No. 040ORDINANCE NU . !If)
SERIES OF 2012
CONTRACT NO, 5"-:;--.t.,oiJ
CONTRACf NO, :f'i-.J.o 1.t.
BY AUTHORITY
COU?\C!L BILL NO. 40
INTROntlCF.n RV COUNCIL
MEMBER WOODWARD
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF TWO
INTERGOVERNMENTAL SUl:!URANTEE AUREEMENTS rOR 2012 COMMU NITY
DEVELOPMENT BLOCK GRANT (CDBG ) BETWEEN THE ARAPAHOE BOARD OF
COUNT Y COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS, the Cit;, Council oft he City of Englewood approved the execution of an
Intergovernmental Agreement between the City of Englewood and Arapahoe County by passage
of Ordi nance No . 22, Se:ies of 2009 , covering the City 's particip auon b the Arapahoe County
CDBG Entitlement Prograi'1 for funding years 2010 through 201 2; and
WHEREAS, the Englew.1od City Council passed Kcsolution YU, Scncs o f 2011, supporting
Housing and Community De velopmen: that authorized submiuing an application for 20: 2 CDRG
Funding; and
\VHEREAS, the En!!rl:I)' Efiacit·n1 Englewood Projecl has been ratr:gorized ::ts :i hcmsing
rchabilila:i on ac1i vi1 y; and
WHEREAS, the Housing Reh abi lit atio n Project has bee n catego rized as a hou sing
rehabilitation activity; r.nd
WHEREAS, These Community Dev elopment Block Grant (CDBG) funds are Federal
Housing and Urban Dzve lopmenl fun ds which arc administered through Arapahoe County ,
Colorado .
NOW, THEREFOR E, BE IT ORDAINED BY THE CITY COUNCrL OF THE CITY OF
ENGL EWOOD , CO LORAD O, THA T:
~-The Sub grant ce Agreemcm for Arapahoe County Co mnnn uy Developmenl Block
Grant Funds -Subgrantee : City o f Englewood . Project Name : Energy Effic ient Englew oo d (E3)
Project Number : ENHS l 2n, auached hereto as Exhibit A. is hereby a:ccrted and approved by
lhc Englewood City Council.
Sect ion 2. Tnc Subgramcc Agreement for Arapahoe Count y Co mmwut y Development Block
Gran : Funds -Subgran tee : Ci ty oiEnglewood. Prcject Name : Housi ng Reh abilitation Project
Number : ENHS 122 3, anached hereto as Exhibit B, is he re by accepted and approved by the
Englewood City Coul!cil.
Section:, Communi ty De ve lopment Block Gran ! (CDBG) fund s are Federal Housing and
Urba., Dc:vclupment rum.l s v•hid1 ,m: ,:t.1111i11istc::1ed tluough Arapahoe County , Colorado .
9 b iv
Se ction 4. The Mnyor is hcrehy authorized to sign said Agreements for and on behalf of the
Cily of G11glcwood , Coloni.do .
$t:1.;tion 5. The City Manl!gcr sht1II be authuriz.e:J to furthe r cxlcnd tl11.: :subgramcc a~rccmcnls
f:ir 1'1ojec! Number EN HS 1222 and l'rojcct Num'1cr EN HS 1223 attached hereto
fur lhe Arap3hoc County Conunu11i1y Deve lopment Block Grant J>rogrnm ilS 11ccdcd .
lmroduced. read in full . and passed m; J',rst rending on .the 18th day of .lune . 2012 .
Puhlishcd by Title ns n nill ~~or no Ordinance in the City':. orlicial new :;[lapcr on the 22ntl Uny o!"
Jurn:, 20 12 .
Published as a Bill for an Ordinance on the City's otlicial website begiMing on the 2(1th day of
.lu ne. 20 I 2 for thirty (30) days .
Rca<l by title and passed on final reading on th e 2nd day of July.201 2.
Published by tille in the City 's oflicial newspaper ii!> Ord inance No . !z:~cric:; of 2012, on
the 6th day of Jul y, 20 12 .
l'cblishcd by ti tle on the City's officia l website beginning on thc 3rd day of
July.20 12 for Jhiny {30) days . ,·y~
y P . Pt:1111. Mayu,
~--
City C lerk
I, Loucrishia A. Ellis, City Clerk of tho City off:nglcwoud, Colorado, ho1cby ce1tify lhal 1he
above and foregomg ,s J ;~e copy of the Ord,nancc passed on fma ! readm • nd published by
l1tlc as Ordinance No ':tit, Series of 2012 /
~~$
2
SUBGRANTEEAGREEME~~FOR
ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FC.:NDS
SUBGRAl'ITEE: City of Englewood
PROJECT NAME: Energy Efficient Englewood (EJ)
rROJECT NUMBER: ENHS 1222
This AgreetnL'l1t is made by and between the Board of County Commissioners of the County
of Arapahoe, State of Colorado, for the Com munity Development Block Grant Program in
the Community Resources l)cpart ment (hereinafter referred to as th e 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
TI1c p1imary obj ective of Title I of th e I lousing and Community Development Act of 1974,
as ame[JQ~ and of!IKCommuni_1y_1)e_y_cl9.pnwJ11~rl!!ll.JCQ.liQ)_pJ9grJ!nL\!!ld~Llhis. ___________ _
Title is the development of viable urban communities, by providing decent housing, a
suitable living environment and expanding economic oppommities, principall y for low and
m odera te income persons.
The project by the SubGrantcc known as Enerb'Y Efficient Englewood (EJ) [Project) will
be carried out in accordance with the Scope of Services, attached to, and incorporated herein
as Exhibit A.
TI1c Sul,Grantee may µro cced to inc-.1r costs for the Project upon receipt of an official
"Notice to Proceed" from the County.
II. WORK TO BE COMPLETED BY THI!: SUIS<;KANTEE
The grant funds are to be us ed only to provide services to Arapahoe County residents,
excluding re sidents of th e city o f Aurora, per County CDB G guidelines.
A. Payment
II i, expressly agreed and understood that the total amount to be paid by the Coun:y
und er this contract sha ll not exceed $100,000 . Drawdowns for th e payment of
eligible expenses shall be made against the line item budgets specified in the Project
Budget and in ac:ordancc with performance cri 1eri a established in Exhibit A Scope
of Services. 111e pai1ies expressly recognize that the SubGranlee is to be pa id wi1h
CDBG funds received from the federal goverrunent, !lild that the obligation of the
County to make payment lo SubGrantce is contingent upon receipt of such funds . In
th e event that smd funds, or any part thereof, arc, or become, unavail able, then th e
County may imme:liately terminate or, amend th is agreement. To the extent C .R .S.
§ 29-1-110 is applicable, any financial obligation of the County to the SubGrantcc
beyond the cun-cnt fiscal yeur is also conlingenl upon adequate fur.ds being
appropriated, buclgctoo and otherwise available.
Upon eKpiration of this A1,,rccrn ent, as identified by the .'\ grccmcnt Dale and
Project Deadline (Deadline) in Exhibit A. the Sli:,Granlce shall trnnsfcr lo the
Co\lnly any CDBG funds on hnnd nl th e time of cx.pirulion and any ac.cuunts
rccciv,,blc atlri hulu hle lo lhc use of CIJl:lG fu111ls. These lru ns lcrrcd funds shall
revc:rt lo th e Cnunly and be uhli zccl for other p11rpuscs .
B. Timeline
All Project activ ities shall he cur,.1,lcted and draw rt:qucsls subr.iittw by the
Deadline unless the Subgrantec notifies the County in writing thi,ty (30) days prior
to lhe Deadli ne that the funds cannot be disbursed . An exten sion may he !,'Tanted, in
writing, in which all draw requests be submillcd and Pmjcct activities ~hall be
completed by th irty (30) days following the Deadline . In the event that the
~omplction deadline fillls on n we eke nd or holicl uy , the Deacllinc wi ll be considcrc,I
the work day prior to the sc heduled completion date. If the project requires
additionaHime·past ·the ·exlended ·Dead 1ine ; lhe ·Agrccmenl must he modified hy
mutu al llb'l"c ement of the Co, ·1ty and the SubGrnnlcc .
C. Performance Criteria
In uccordance wilh the funding upplicalion submi ltcd by th e SubGranlec for the
Pro1cct, the c1itcria listed below arc to be met du :ing the execution of the l'rojccl as
identified in Exhibit A Scope of Services .
I . Quantifiable Goals
2. Community Impact
3. Monthly Perfonnance Slnndarcls
D. Reporting Requirements
I . Project rcpo ,t s will be due within twenty (20) days foll l!wini; the en<l or
each reporting pcnod as specified in Exhibi t A Scopi, or Services until
the Project is completed.
2. The o ffi cial annual audi t nndior Financial Statements for the SubGrantcc
in which hnth rev1m11es and expenditures for I.he CDBG Prnjecls
described herein arc detailed are due annua lly. The last complclcd
official annual audit report and/or Financial Statements shall be due cm
May 31, and for four(4) years thereafter on May 31.
3. Non-profit organizations thal exvcnd $500,000 or more annually in
federal funds shall comply with tl:e Single Audit Act of I 984 , as
amended, ns implemented in 0MB Circular A-133, and other
applicable federal regulations
111. RESPONSIBTLITIES OF THE SUBGRANTEE
A. F'cdcral CompUance
The SubGrantce shall comply with all applicable federal laws, regulations and
requirements, and all p:ovisions 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 "ith the provisions of the I-l ousing and
Community Development Act of 1974 and all rules, regulations, b'Uidelines a,d
circulars promulgated by the various federal depamncnts, agencies, administrations
nnd commissions relating to theCDBG Program. A listing of some of the appiicab le
laws and regulaticns nre as follows :
I . 24 CFR Part 570 ;
2. 24 CFR Parts 84 and 85 as applicable per 24 CFR 570.502 ;
3 . Title YI oftl;e Civil Rights Act of 1964;
·4:-Tit!e-Vlll-ofthe -Civil ·Rights-Act ·of·!968;-
5. Sections 104(b) and 109 of ,Le Housing and Community Development
Act of 1974;
6 . Fair housing regulations established in the Fair Housing AcL Public Law
90-284, and Executive Order 11063;
7. Section 504 of the Rehabilitation Act of 1973 ;
8. Ashe.stos !lUidelines established in CPD Notice 90-44;
9 . The Energy Policy and Conservation Act (Public Law 94-163) and 24
CFR Part 39;
I 0. Non -di sc rintination in emplu ym.,nt , .,,tablishe.l by Execu tive Order
11246;
11 . Equal employment opportunity and minority business enterprise
regul atio ns established in 24 CFR part 570.904;
12. Section 3 ofthe Housing and Urban Development Act ofl968;
The purpose of section 3 is to ensure that employment and other
"cu11omic oppo1tuni1ies generated by certain HUD finan ci al assistance
shall . to the b'Tr.atest extent feasible, and consis tent with exist ing
Federal , State and local laws and regulations, be directed to low-and
very low income persons, particularly those who are rcciµie11ts of
government assistance fnr housing , and to bu si ness concerns which
provide economic opportunities tv low-and very !ow -inwm e pt:rso ns .
13. F cderal procurement rules when purchasing services, supplies,
materia ls, or equipment. The applicable federal rr gula1ion s are
contained in: 24 CFR Part 85 or through 24 CFR Part 84 . as
applicable;
14 . Lead Based Paint regi:lations r.stablishcd in 24 CFR Pw1s 3 5 and
570.608;
15 . Aud it requirements esiablished in 0MB Circular A-133 ; and
16 . Cost princ iples estab lished in 0MB Circu lars A-8'/ and !\-122 as
appl icable per 24 CFR 570.502;
17 . Cnnnir.1 nflnieresl :
") Appiic:,bili:y.
(I) In th e pmcuremenl of suppliei, equip111<!1H, construction ,
and services by the Co ullly and hy the SubGramc e, lhe
conflict of inicrest provisions in 24 Cr-R 85 .)6 and 24 C:r-R
84 .42, respecti ve ly shu ;J appl y.
(2) In all cases uut governed by 24 CFR 85.36 and 84.42, tl ,c
provi sions o f 24 CFR 570.611 (2) shall apply. Such cases
include the acqJisition and disposit ion of real property and
th e provision of assistance by tltc Co unty or by it s
SuhGrnntecs lo indiv id ual s, businesses , and oth er priv ate
entities under eligible activities that authorize sucl1
assistance (e .g., rehabilitation, preservation , and other
i1111,rovcmcnts of private properties or facilities pmsuanl lo
24 CFR 570.202; or gra nts, loa ns , and other assis1:111cc I<>
businesses , individuals, and other private entities pu :sua11t
·tn ·24 CFR 570:203;·5'7 0:204;-5?0 A55;·orSI0:'I0 J (i)J :·
b) Co11flic1, prohibited. The J!,enernl rule is that
pr.rsnns dr,sc:rih ~,I 111 r aragrnp h (c) of this se c.lion who
exercise or have exercised ony functi ons or responsibilities
w 1tl1 u::-;pcl;t tu CDBG a:;livitit!s assistt.!d under lhi s pa1t 1 or
who are in a r,o si tion to part icipat e in a deeisiun-mnking
proc ess or gain inside infonnation with regard to such
activities, may not obtain a financ ia l interest or benefit
from a CDDG-assi stcd activity, either for thc111s clvcs or
those with wh om the y have business or immediate family
ties , during their tenure or for one year thereafter.
c) Persons covered. The conflict of interest provisions of
parngrnph (b) of this section upply to nny person who is an
employee, agent, consultant, officer, or elected official or
appointed offici al of the. County, or an y design ated publ ic
ag encie s, or oi the SuhGrnotee lh at arc receiving funds
und er thi s part .
d) fac:q,tium . Upu11 th e:: w1i llen !C<JUCSI oi lhc County, HUD
may grant an exccplio:1 to lhe prcw1,io~s of' paragraph (b) of
this section on a case -by-case basis when ii has satisfacto1ily
met the threshold requirement s of (d)( I) of this scctio~,
talc ing into account tl1e cumu lative effect s llf paragrap h (d)(2)
of this section.
( l) Threshold req11ireme1t1s . HUD will consider an
exception only after the County has provided the following
documcma:ion:
i. A disclo sure of ,,.e nature of the conflict,
accompanied by an assurance that there has been
contractor and all subcont •·ac tors shall comply with the Davi s-
Bacon Act, 40 U.S .C. 276a to 276a -7, and applicable
regulations of the Department ofL.ahor under 29 C .F.R. Part 5,
requ iring the payment o f wages at rntcs of not less th;n : th os e
preva iling on si milar ClmSlru ct 1on 111 the loca hl y as dctcr111111cd
by tl:c Secretary of La bor, when th e proj ect co sts tota l $2 ,000
or more and the work is financed in whole or in pa1t wi th
assista nc e provide d under tl11s Agreement. The applicahlc
Da vis -B aco n wage rate sc hedule mu st be included in JJI hit!
and colllrac t do cument s, as well as th e "Federal Lah or
Stand ards Provisio ns", Form HUD-40 10 .
20. Lead Based Paint Regulations
If th e Project involve~ UtXJ Uisit ion , construclion, dc1n olition,
rehabilitation , or any ot he r activity related to residen tia l
housing, and the build i11g was built pri or tu 1978, !..cad Ba sed
Paint Laws and Regulations app ly, as es lahlishcd in 24 C l'R
· Paits ·3S ·and 24 ·CFR ·570 :608:-Furlhcr; all · applicahle ·fcdcral
and sta te law s relating to le ad-based paint must be follow ed,
including such regulations promulgated by the U.S.
Env ironm ental Protection Agency and the State Ucp :utmenl
of Public Health and Environm ent, includ ing regul ati ons for
non-housing buildings . If the SuhGrnnt ee docs nm foll 0w
and docu ment lead based paint law s and rcgulat ,on
compli ance, Ut e SubGrant cc will not be eii1,oiblc for
reimbursement.
21. Environmental Review
Notwithstanding any provi~ion of this Agreement , ·:he parties
hereto agree and acknow ledge that this Agreement does nut
constitute a commitment of fund s or site approval, and that
such conunitment of funds or approva l may occur onl y upon
sati sfacto ry completion of env iron menta l review and, if
required, receipt by Arapahoe Co unt y of a rele ase of funds
frum th e U.S . Dep:irtmcnt uf l-lu11si11g mtd Urli an
De velopm en t und er 24 CFR Part 58. The pa,~ics futther
agree that the prov ision of any funds tu tin:: µrojt::d is
conditio ned on Arapahoe County ·s detem1ina1ion to proce ed
wit h, modify, or cancel th e proje.ct based on the res ults of a
subsequent environmental review.
21. Uniform Relocation Act (URA)
public disclosure of the conthct 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) Facrors to be considered for eJ;ceptions. In
determining whether to grant a requested exception afler the
County has satisfactorily met tl1c requirement,; of parugraph
(d)(I) of this section , HUIJ shall conclude that such an
excertion will serve lo further the purposes of the Act and the
effective nnd efficient administration of the County's
program or project, taking into account the following factors,
as applicable :
i Whether the excertion would provide n
significant cost benefit or an essential degree of
expenise to the program or project that would
otherwise not be available;
ii . Whether an opportunity was rroviderl for open
-competitive ·bidding ornegotiotion;
iii . Whether the pcsson affected is a member of a
group or class 1f low-or moderate-income
persons intended tu be the benefi ciaries 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. \Vhether the affected person has withdrawn from
hts or her functions or responsibilities, or the
decision making process with respect to the
specific assisted activity in question;
v. WheU,.,r the interest or benefit was present before
the affected person was ma position as described
in raragraph (h) of this section;
vi. Vvl1cthcr undue hardship wi II result either to 1he
County or the person aff.,cted when wcigl1t:<l
against the public interest served by avoiding the
prohibited conflict; and
vii . Any other relevant considerations.
18 . fhe SubUrantee cannot engage ma federally funded contract with any
entity registered in the Lists of Panics Excluded From Federal
Procurement or 1'onprocurement Programs .
19. Labor Standards (Davis-Bacon)
Except for the rehabilitation of residential prcperty thal
cor.tuins less than eight (8) units , the SubGrantee, and its
The Project is subject to the relocation and acquisition
requirements of the Unifonn Relocation Act of 1970, as
amended , and implemented at 49 CFR Pan 24; Section
104(d) of the Housing & Community Development Act, as
amended, and implemented at 24 Cl'R 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.
E. Nt ,n-Appropriations Clause
11,e SubGrantce ag:-ees that it will include in every contract it enters , which rel'cs
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 di scontinuance of CDBG funding for any reason . Because this SubGrantee
-Ab>reement ·invol •:~s-funds ·from -a·fcdcr ·! grant~to ·lhc ·extent ·there ·is ·a·conflict·thc·
funding provisions of this SubGrantee Agreement, the federal grant and the federal
statutes control rather than the provisions of Section 24 -91 -I 03 .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 agrcc:ment, including those that are identified fur the SubGranlee's Prujects a11d
activities, shall be allocated to the specific projects and activities described and listed
in the grant agieernents. The allocated funds shall be used and expended only for
the project s and activities for which the funds are identified.
D. Agreement Changes
No projects or nctivities, nor the amount allocated therefore, may be changed
without approval liy the County and acceptance of the revised Final Statement
and /or Consolid ated Plan by HUD , if required . Changes rr,ust be requested in
writing an~ may not begin until a modification to tltis Agreement is fully executed .
E. Direct Pr~jecl Supervision and Administration
"[be SubGrant ee shell be. rc,sp onsihl e for the di, ,ct supervision and administration of
its respective projects or activities. This task shall be acc,,,nplished through the use
of the SubGrantee's staff, agency and employees. The SubUrantee 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
SubGrantce is re,'J)onsible for the direct supervision and administration of its
projects or activities, the County shall not be linble or rcsponsib :e for co st ovemms
by the SubGrantee on a11y projects or ac1ivi1ies. The County shall hnve no dul y or
oblii;ation to provid e any additional fu11di11g 10 the, SuhG :.ml ce if its projects or
ac1ivitics cannot be comj>letcd with the fu nds all oca1cd hy the Cc,1111\y to lhc
SuhGranlcc. Any cusl ove1Tuns shall be lhe sole res pomih ilil y o f lhc SubGranlec .
I . The SuhClnmlcc agrees thai all funds ullocatcd lo it fnr aprrovccl pmjecls
or :•clivities sha ll be u~ed solely for the purposes arprovcd hy the
Cot111ly. Sai d funds shall not be used for a11y non-approved pu rpos es.
2 The SubGrnntee ugrt'CS that the fund s allo cated for any approved pmj ccl'°
or activities shall be sufficient lo complete said projects or ac livi1ics
wilhoul any additional CDl3G funding .
F. Indemnity
To the extent allowed by law, the SuhGnmtce sh all inclc11111ify and ho ld !1 am1less lh e
Counly and its elected and app oinlcd officials , off:cers, employee s and agc111, from
·and -against any ··and aU-·losses ;-damagcs;··liabilitics ; claims , sui1 s;-ac1io11s -or cos1s ,
inch:cling attomeys fees, made, asse1fod or incuned a~ a rcsu:t ur any damage or
alleged damage to perso n or prope11y occasioned by th e acts or omissions of
SubGnmtcc, its officers, employees, ugcnts, cont:"uctors or subconlrnctors, uri ~ing
oi:1 of or in any way connected wilh 1he l'mjecl or 1hc pcrronnancc or this con\racl.
G. Rontling and Insurance
If the SuhGrantee's projecls i11vol,t co 11s11uc1io11 activilics, any Co11trac1or it uses for
said activities shall be required to provide and maintain, until final acceptance by the
SubGrantee of all work by such Conlractor, lhe kinds and minimum amounts of
in surance as follows :
I. Com prehensive General Liability: In the amount of not less than
$1,0 00 ,000 combined single limit. Coverage lo include :
n. Pn:mi scs Opr.ra 1irm~
h. Pmdu c13/Completed Operations
c. Broad Fann Contra ctu al Lia bility
d. ln depenclcn l Contractors
c. Bro ad Form Pmpcny Damage
f. Employees as Additional Insured
g. Pers onal lnjwy
h. Arapahoe County and the SubGrantr: as Additiona i Named
Imured
i. Waiver of Subrogation
2. Comprehensive Automobile Liability: In the amount ofnol less tl1an
$1,000,000 combined single limit fur botlily injury and propeny
damage. ,.nverage tn include:
a. Arapahoe County and the SubGrantee as additional Named
Insured
b. Waiver of Subrogation
3. Employers Liability anJ Workers Compe:isalion: The Contractor
shall secw·e 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 wcrkers engaged in
wo:k under any contract funded pursuant 10 this agreement.
Coverage lo include Waiver ofSuhrogation .
4. All referenced insurance policies and/or certificates of insurance
shall be subject lo tl1e following stipulations:
a. Underwrite;s shall have no rights of recovery subrogati on
against Arapahoe County or lhe SubGranlee; ii being the
·iulcnl·o f-the paities· th at ·lhe insurance policios su elTecled
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 poli cy including Arapahoe County as an aciditional
named insured shall not apply to Arapahoe Counly, or the
S1•':lGrantee .
c. The in surance companies issuing the policy or policies shnll
have no recourse againsl Arapahoe County, or the
SubGrantee for payment of any premiums due or for any
assossmonts under any form of any policy.
rl . Any and all derluctihles conla inerl in any insurance poli cy
shall be assumed by and at the sole 1isk of the Contractor.
5. C ertificate of Insuran ce : 11,e Contractor shall nol commence work
under any co ntract funded pursuant to this Agree:nent u ntil he has
submitted to the SubGrantee, received approval thereof, certificates
of insurance showing ll!UI he has c.:o1nplied w ith 1l1e foregoing
insurance requirernenls. The SubGrantee shall also submil a copy of
the Contractor's certificates of in s uranc~ to the County.
6. Notwithstanding tl1e provisions contained in this paragraph (H) set
fo rth h, rf i~above, the Co unty reserves the righl to modi!)· or wai ve
said pr,:1·•sions for projects or activiti es for whicr. these pro~isions
would pruv e prohibitive. The SubGralllee undt:rstantls , hoY Gvor,
that the rleci sion to waive or modify 1hnse prov isions i.s full y within
the discretion of the County.
In accordance wilh 24 CFR parts 84 and 85, the rollowing bonding requirements
shall apply to all projects exceeding the simplified acquisition threshold (currenlly
$100,000):
I. A bid guu rn ntcc fr om each bidder equivalent 10 5% o [thc b1CI price;
2 . A pcrfr11 ·,n ;i11,,c hone! nn the pa,1 of th e cnntra ::tnr fnr I ()(J'Y,, n\' the
contruct price ; und
3. A payment bond 011 the part of the contractor for 100% M th e
contract price.
II. Records
The SubGranlee shall maintain a complete set or books and records documenting its
u se of CDBG funds and its supervision and administration of th~ Project Records
arc to include docJmcnlation verifyi ng Project eligibility and national objective
compliance, as well as fi naoual and other adminis:rntivc as pccls involved ia
performing the Pro ject. The SubGranlec shall provid e full ;iccess tu lhesc ',ooks and
r<:cords to the Counly, the Secretary or HCD or his dcsignec , the O:lice o \' Insp ector
General; and ·tl1 c ·G cncral · Accounting 0fficc so·that complian c e· with r:cilcra\ ·laws ·
and regulations may be wnfinncd. The SubGrantce rurth er agrees 10 pro vide lo the
County upon rcqucsl. a copy of any audil reports pertaining to the SuhGrnntec's
financial operations during lhe tenn of this Agreement. All records pertaining tu the
Project arc to be maintained furn minimum of fiv e years following do,,;c-oul o f the
Project.
I. Reporting
The SubGrantee shall file all reports and other information necessary to cOllljJly with
appli!:dble Federal laws and regulations as required by the County and HUD. This
shall include providing to the County the information necessary to complete annual
Pcrfonnance Reports in a timely fashion .
. I. Timclinc.~s
The S ubGrnntce shall um:ply with the perfonnancc standards established in Exhibit
A of this Agreement. l~c SubGranlec undcrslands that failure lo comply wi'.h the
established slnndnrds may lead lo " can ccllntion of th e Projec.l m,d n loss of nil
unexpended funds.
K. Reimbursement for Rxpcnscs
1111, SubGrantee agrees that before Ote County can disu·ib ,.11e any CDBG fuuds to it,
the SubGrantce must submit to the County's Housing amJ Community Dcvelopmcnl
Services Division documentation in the ;onn required by that Division which
properly a."ld fully idenlities the amounl which the SubGrantee is requesting at that
lime. The County shall have ten ( I 0) work..'ng days to review the req uest. Upon
approval of the request , the County will distribute the requested funds lo the
SuhGranlec as soon as po ssible .
L. Program Income
All program income directly derived from the Arapahoe County Community
Development Block Grant Program received by the SubGranlcc will be returned to
the Co unty unless authorized in Exhibit A Scope of Services to be retained by the
SuhGrantcc and dispersed for its approved CDBG Project activities. If the retention
and re-use of Program Income is Authorized, it must be dispc-rsed for its approved
CUHG Project activitie!< before additional COBO funds are requested from the
County. Following completion of th e SubGranlec's Ampahoe 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-goa;,· 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 tlic SubGraotee enumerated herein shall be subject 10
applicable. State of Cnlornclo slaluk.s aml r.c,unty nnlinunces , resolutions, rules, ;..1d
regJlations.
0. Subcontracts
If subcontracts arc used on th e Project, th e SubGrantee agrees that th e provis :ons of
thi5 Agreement shal l apply to any subcontract.
I'. Suspension or Termination
171is Ai:,,recment may be immediatel y suspended or tenninated upon written
nulitication from lhe County if lhe SubGrantee matcrial'.y fails to comply v;ith .. ny
term of this Agrecmcn!. This Arecment may also be terminated for convenience by
mutual agrc'Cmcnl of the Cou nty and the SubGrantee .
Q . Urban County Designation
In the event that the Unit of General Locnl Government should withdraw from th e
County's "Urban Counly" designation, this Ab'feemcnt shall tenninme as of th e
tem1ination dale of the County's CDBG grant A!,'TCCmcnl with HUIJ .
R Ccrtificution
The SuhGrnntcc cc11i fies that to the he~\ of its knowlcd~e and belief:
I . No Federal appropriated funds have been paid or will be paid , hy or
on behalf of it , to any person for influencinEl or attempting tu
i110uc11ce an officer or employee of any agency, a Member c,f'
Con1,.,-css, an officer or employee of Congress, or an employee of ;1
Member ofCon!!"•ss in connection with the awarding of m1y Federal
contrnct, thr mal ... 1g of any Federa l grant, the making n: any Federal
loan, the entering into of any coo perative ;.!grccmcnl , and th e
cxtcusiu11 1 conti11ualiu11, n:::newa l, amendment, or modifi cati on of any
FC{l crn l c<J1 1lract. grant. luun, or co ope ra tive ngrecm c11t; amt ,
2, · ··· If any fim rk olher than Fcdcral ·appro p1iatcd fund s have ·bcen· paid ·or ·
will be pa id to any person for influencing oc attempting to influen ce
an ulHccr or employee of any agency, a Member of Congress, an
offi cer or employee of Congress, or an employee of a Mem ber of'
Conb\l'ess in connection with this Federal contract, grunt, loan , or
coopcrat,ve agreement, it will complete and suhmit Standard Fonn-
LLL, "Disclosure Fom1 to Report Lobbyini;," in accordance with its
instructiom .
S. Disallowancc
If it is detem1incd by HUD or oth~-r fcdcrnl agency thut the expenditure, in whole or
in part, for the SubGrantee's Project or activity was 1mprup~r. inappropiiatc or
ineligible for reimbursement , then the SubGranlee shall reimburse the County to the
fill! ex tent nfthe disallo wa nce .
T . Reversion or Asse ts
Upon expiration of thi s Agreem en t, the SubGranlcc sha ll transfer to the County any
CDBG funds on hand at the time of i,x pirntion an ri any accounts receivable
etu·i butablc to the use of CDBG funds. Any r ,,ul property under the SubGrantec's
contro 1 that was acquired or improved in whol~ or in part wilh CDBG funds
(including CDBG funds provided to the SubGrantee in the form of a loan) in
exces s of$25,000 is either:
(i) Useu lo meet one c,f the national objectives in §570.208 (fonnerly
§570.90 I) unul ftve years after expiration of the agreement, or for such
longer pi,riod of time a.s dct~nnincd to be appropriate by lhe County and
specifi.,d in Exhibit A Scope of Services ; or
(ii) Not used in aeoordance with national objectives in §570.208 (fonnerly
§570.901 ), in which event the SubGruntee shall pay to the County ""
amou~t equal to the current market value of the property less any portion
of the value attributable lo expenditures of non -C DBG funds for the
ucquisiuon of, or improv c1•1ent to , the property .
IV . RESPONSIBILITIES OF THE COUNTY
A. Administrative Control
The Parties recogrnze and understand that the County will be lhe governmental
entity requi red to execute all grant agreements received from HUD pursuant to the
County's requests for CDDG funds . Acco rdingly, lhc SubG runtcc agrees that as to
its -projects· or -activities performed or conducted -under any ·CD BG agrccmcnt ;-the-
County shall have the necessary administrative control required to meet HUD
requirements .
n. Performance and CompUance Monitoring
Th e Cn unt)'s administrative obligations to the SuhGrantce pursuant to paragraph A
above shall be limited to the performance cf the administrative tasks necessary to
make COBO funds available to the SubGrantee and to provide Housing and
Community Development Services staff whose job it wiil he to monitor the various
projects funded with CDBG monies to monitor compliance with applicable Federal
laws and regulations.
C. Reporting 10 HlJD
The Cnu111y will be responsible for seeing that all necessary reports end infonnnlion
required of the County arc filed with HUD ;,nd other applicable Federal agencies in
a timely fashion.
V. F.XTF.NT OF THE Ar.RF.F.MENT
This agreement, including any documents attached as exhibits which are hen iy
inc orporated herein by reference , represents the entire and integrated agreeme..11
between the County, anC: SubGrantee and supersede s all prior negotiation~.
representations or agreements , either written or oral. An y amendments to this
agreement must be in writing and signed by hoth the County, und SubGranlee. If
any por1ic,n of this agreement is found by a court of competent jurisdiction to be
vo id und/or unenforceable , ii is the intent of the partie:, that the remaining po1tions of
this agrccmcr.l shall be of full force und effect.
VI. NOTICES
N,,tiL:cs tu be prll\idcU u11dt,;.:1 tlii s Ag,rtc111c11t s:1ull h~ givc11 in wri1i11g a111I 1::ithc1
dclivcretl by Imm! ur de posit ed 111 the United Stales 11"1il wilh suflicie11I po stage: h1
the addresses set lilrlh:
To the County: Araµahoc County Allomcy
5334 S. Prince Street
Littleton, CU 80120-1136
i.tll!
Arapahoe County Housing nnd Community Dc,,-.,i opmcnt
1690 W. Litt leton Bl vd., 11300
Lilllcto~, CO 80 120 -2069
Tu tl1c SubGrantce: City of Englewood
A1TN: Janel Grimmcll
I 000 Englewood Pkwy
1:,·,glewood, CO 801 10
In Witness Whereof; the Pmiies hove caused !his A!,'TCemcnt lo be duly executed this
______ dnyuf ______________ . 2012.
SuiJGrnntcc:
Signature
Title
Board of Co~nty Conunissior.ers
Arapah oe Count y, Colorado
D011 Klemme on behalf of the Board of County Cununi ssiun~rs
Pursuant to Resolution #120113
EXHIBIT A
SCOPE OF SERVICES
FOR CDBG REHAB
Pr ogram Name : Englewood -Energy [fficient Englewood (E3)
CFDA #: CDBG 14.2 18
Project#: ENHS 1222
AGREEMENT AMOUNT :$ 100,000
AGREEMENT END DATE AND PROJECT DEADLINE : 4/30/2013
INTRODUCTION
This Scope of Serv ices is attached to and incorporated into the SubGrantee Agreement between the
Board of Coun :y Commiss ioners of the Coun t y of Arapahoe , Stat e of Colorado and the City of Englewood
(SubGrantee) as referenced in the Agr ee ment, The purpose of-this Scope of Services is to further-
describe the p;oject requirements referenced i n Sectior. II . C. • Performance Criteria of the SubGrantee
Agreement .
1. FEDERAL REGULATORY INFORMATION
CDBG National Objective': Benefit to low-and moderate-in:ome ILMI) housing
HUD Matrix Code : 14A Single Unit Proposed Number of beneficiaries•: 12
Residential
'Benefic1a1 ,es are to be counted by the number of total number of O PEOPLE or~ HOUSEHOLDS who
will benefit from the project (including al l -nembers of a household).
The Project will be carried out u1der be:
0 CDBG Area Benefit defin ition ~ CDBG Lim ited Cli ente!e defin ition
For Limited Clientele Activities : Select which method of income verification will be us ed :
0 Self-Certification ~ Ver ification with supporting income documentation
If income will be verified ', select the method that will be used to determine annual household income :
0 N/A ~ Part 5 Sect,on 8 0 Census Long Form O IRS form 1040 Long Form
2. ACTIVITY DESCRIPTION/PERFORMANCE GOALS
1 Ch :u,ee to ;tpprop1la 1e N.i liona l O:l jtct!vO if n~~Hury.
1 ~or descriptions ot each i nrnme verllic;11i o., m~tho:I and required documentation , QO to:
!1tto·(lwww .h 11[i ,Rov/plfJc@~/t pd/<1if9rda?l(lh Q11 Slng11 r1inl ng/wttb/..t~.!!1-!!!..f.fm
This websltt provides au 011,Un e Income-cal:u'dtur ft11 ed~h o: 1h~ thr~~ vcr1ri:;,tlon methoi::h . The_,, of ti le calculator is required and .i pr-r1 1•
cut or the compleled calculator fo r ea:h house hold nsis~cd mus! be ma lnlained on file .
!'age I
a. Purpose (short description of program pur,ose)
The E'I project is available within the City of Englewood lo as s»t low and moderate in come
ramilie!) with incentives to encourage conserva tion und energy eHiciertc•t upgrad es.
b. Goals and Community lmp,1rt
To pro v'dc h;Jn a :,d/o r gr:'l nt!, to 12 'i ing1e family homeowners wit hi n Englewood
c. Project Address -throuchout Arapahoe County
Si tes within Englewood addresses unknown r1t tl11 s tim e.
d . Name nf Organization Carryinc out the Activity -City of Englewood
Organ iz:ition is: [g!Another unit nf local gov't; 0Another p1 1hlic aeency; O c BDO only ; 0
Sul,redpient only; Ocooo des ·gnated as subrccipicm
e. Local Jurisdictions rules and regulations/ADA
Su tJ Grantee agrees that it has read and underst ands the loca l j urisd ictio n's r ules and regulati ons
and loca l rndPs n~r •ain inc l o th e work and that all wock will be perm :tted with the munlcipali ly
and completed ac:c:ording to its rules and regulations SubGrantf'e will perfn rrn thP wnrk in
ctt:1..u 1d ance with the American s with Disabilities /\ct (ADI,).
I. Detailed Program Requirements
The re sponsibilities of the City of Englewood for irrplerr.entaticn of :he pro gram will include :
f\/.;irket t hP r,rngra11 ;
Ace r.pt all applic.1t ion!:i ;
Dete rmine applicaat ~· ~ligil.Jilil\' J11LI approve or de ny gran ts,
Maintain a list of approved contractors;
Complet e a Site Specific Environmental Review ;
Contact Arapahoe County Weatherization, if eliei hlP. rrf Pr ;,liP nt ;
Oetennine needs and dev elop comprehens ·vc work sp~cific,nion!i based on
Ene rgy Aucit;
Prepare client documentation;
Monitor rehab act ivity;
Comply with lead-based paint regulation5 and ensure that tenant5, ownP.rs
c1 111.J L011l1a cto1s. a ,e aware of their rights , re~po ns ibilities and opt ion !'.;
Maintain program act1v1ty recorCs and produ ce reports a~ se t forth in th is
contract;
Hom eowner sl?lf"Clt; rnmpany/ nci iviri ual to conduct work or purch ase
material5 . Company n.imc and/or individual name is mat ched against the
Federal :xcluded P•1ty Li,t System by City to insure eligibility to receive
lederal lunds . This 1s completed before any work begin ,. Once cl ea red t he
homeowner is instructed to proceed and to ensure aopropriate permits ar e
obtained, if required. by the Englewood Building and Safety Division .
Ensure that costs are reason able :
o Dues not exceed that which would be incurred by a :,rud cnt per~on
under the circumstances prevailing at the time the decision was
made to incur the cost;
o Is consistent w ith sound ousiness pra:tices; and
Pmg c 2
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;
• Item, 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 CDRG 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 prinr.ipal and interest on loans made by.the SubGrantee using CDBG funds;
• Proceeds from the sale of loan$ or obligations secured by loans made with CDBG funds;
• Interest earned on program income pending its d is position (NOTE : interest earned on
CDBG funds held in revolving loan funds is not program income and must be remitted to
the U.S . Treasuf'/ at least annually); and
• Funds co llected 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 Oaulhorizes IXJdoes not authorize the SubGrantee to re tai n Program Income to oe
used for eligible CDBG activities . If authorized, Program income may b~ used for the following
purposes: n/a
Reporting program income : Monthly, the SubGrantee must report to the County on the
amount of Program Income rece ived, less costs incidental to the generation of Program Income.
Any Program Income in excess of the amount of CDBG funds identified in Sect ion i . Budget must
be repaid to the County
i. Budget
ITEM
Admin-PcrsoMel Cos1s
Admin-~nd 811 ;cd · ·-
-~•aint Tcsli.ng
Admin -Energy Audit
Costs
Grants for Energ y
Efficie ncy
TOTAL
BUDGET
$25,000
$1,200
·s1 ,oso
i96,000
AMT .PO BY AMT PD BY
COUNTY Englewood
Sl,72C $23 ,280
$1,200
Sl,08O
$%,UUU
The arnnunt1, in each budect line item n-ay be adjus t ad with the w t ltlen appro'lt1 I of the Countv ; provid~d . however , that the
tc:t;1I ;1rnou nt 11f the awa rd do!s not chanRe ,
Rc tJ lnage: Up to 5" of ecch draw rr.iy be retcmcd to l!ns ure that t ie wor11. is co rr.plc1cd sa t.s fact o rilv Ret.1 irage w ithheld will
be paid withi n f.0 d~ys upon trie c.o rrp lct ion and s,1t1sfactorv 1nspec :10n of ;:he w o1k
3. DRAW REQUESTS
Draw r eque st s are due fo r r.r1ch t ale ndar month by the 20°1 d;1y of lhe following month Oniw rt!qu ~~t!:.
must include:
a. D·/J w cover sheet showing Itemized list of expenditures (HCDS Form)
h . Supportln~ documentation (check all that appl1·):
181 Th ird -party invoices or receipts
181 Check copies showing payment cashment (cance lled checks )
D Lien Waivers
D Davis-Bacon certified Payrolls
0 Federal Accountab ili ty and Trans parency Act lorm (Attachment 1)0
•t..r, Cit~ frde1u /A cwu_111ub1lit y mid Twmµa•.e11 cyAct r.f.20().§_a.s '!mc.,«fd,_cn11Jti~11sat ~on clC!Jo f c,r c:crta,n
of/1ciu ls mus1 be ,eport~d. The re;:,orr f orm ir ouached lier'!m os Attochmen r I Tlt ,s fo,m rnusr b!'
submllu~ wi:h f.lt f. (ir sr draw 1equest nrid ui dored ,( there ore ch onr,es
~ Site Specific Environm ental Rev iew ch ecklist s
Note : Payments on draws submitted after May 20 may be delayed d1:e ta ena-af-year HUD r eporting
4. REPORTING
Oat a collect io n ,nust be completed demonstrating incom e eliei t ilitv and achiev~ments met t owards
meeting the objectives de,cribed in Sect ion 2 Activity Description . Th e disburse ment of funds is
contingent ,,pon the receipt of the required information.
Reports are due for each calendar month by the 20th day of the following month . Reports m•Jst inch,de :
• No . of be neficiaries se rved during the reportine pe riod
• Oemocraphic i nformatio n• for O the in dividual serve d, or [gJ eact-house hold
• Hou sehold iocome• (:f applicabl e)
• Brief n;urntivc repo rt on activitic5 co , 1tai ncd in Sec tion 2
Program Income
•HCOS will provide a fo1m for the co llec tion o f beneficiary i ncorne and d ernorrnr;hi c: info.-ma tion;
how1:v1:1 , the Sul.JGrante~ may use il !t own fo1 111, or a form us ed fm iJnother fund source for :h e same
program, provided that the [ullowin~ info rmation is co llected:
• Unique identifier: Name and address
• Whether the head of household is female and/or disabled
• Wheth er the head of household is ag1•d 62 years or older
• Total number of household members
• Total income of all house hold rr. :nbe rs
t'agc 4
• Ethnicity: Hispanic or Latino OR Not Hispanic or Latino of each household member
• The race or each household member:
White
Black or African American
Asian
P,merican Indian or Alaska Native
Nati•,e Hawaiian or Other pacific Islander
,\mi,rican Indian or Alaska Native and White
A~ic n and White
mack 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 or the information submitted.
5. RECORD-KEEPING AND MONITORING
SubGrantee shall retain on file the following documents for a period or live years beyond the final close·
out .or this grant ... Eiles shall.be .made available to Arapa,oe County, the Department of Hoosing and
Urban Development, the Office of Inspector General , the General Accounting Office, or any other
federal regulatory agency, upon request for monitoring purposes .
l . Agreement between County and SuaGrantee
2. Draw Requests and supporting documentation (see Sectior. IV Draw Requests)
3. Beneficiary Data (see Section V Reporting )
4. Annual audits
5. Records of compliance with federal procurement rules when the SubGrantee awards contracts,
utilizing CDBG runds, for serv ic es, supplies , materials or equipment, that are in the amount or
Sl00,000 or more, or when CDBG funds, in any amount, are used for construction activities.
SubGrantees should follow their local jurisdiction's or State procurement policies ; provided that
they are not in con flict with applicable rederal law . Labor clauses contained in HUD -4010 and
the applicable Davis-Bacon wage rate decision must be a physical part of a bid package . 24 CFR
85 .36
a. Cop ies of bid documents
b. Cop ies of :ontracts
c . Cop ies of .ill payments and supporting do cumentation to contractors and vendors
6. Kecords pertaining to Labor Laws and Requirements
http://www./Jurl .go,fof{ices/odm/hudc/ips/forms/files/4010 .pdf
7. Davis-Bacon wage rate decisions when project costs are $2,000 or more
8. Oavi s-B~con weekly payroll records , including overtime records
9. Section 3 outr each efforts, for contracts between the County and SubGrantee that are In the
amount of $100,000 or more, and tor contracts between the SubGrantee and its sub•
contractors that are in the amount of $200 ,000 or more
a. Women and Minority Business Enterprise -outreach efforts and r?cords of contracts
with woman -and mirority•owned businesses
b. Cop ies of contracts with sub •contractors
JO . Kecords o t lead -based paint as•essment, abatement and final clearance, It applicable
11 . Records of asbestos ass essment , abatement and fina l clearance , if app l icable
12 . Records ur acqui,ition and/or relocation, if applicable
FOR ~O\IJ'IJ,n .J ~E QNL~:':IEPERAL :!D!S. RE.~ciRf,i1{9
1. 0crlorm nncn Go al · D crn ;;lt' ml1:i bl~ 11·,ln& mwirnnmi,nis: (gJFro1i1ide decent :illuuJ:.bll! housln n ; D creatL' economic 0p:,0r:unlt1e1
1.. >rrfnr mance Outcome : D A1t1aH.:1blli1v/l',ccuslhlll1v; 0 4flord;,t,ill 1v; ~ Su11 i'i nab U11v
3. :hcd: :>01 ii ;,ro:cct :iddrcn Is to be rnarked ;u conllocn11i1I D
'1 . f\cl ivitv Purl')os c : QP,cvert Mom~1e 1s ncn: QHclo the l-4omt len: OHclp H:ose wl:h HIV/AIDS ; OHr.lp pc·sons wtlh d1sa b11t1,e1
S. O Atr.:1mnllsnmcn11 to be reported .:i t :1n01•1c1 .,ctivlty · 1O1S 11
6 . l\ctlvltv bclnocmricd out br G·;mtc~? Ovr_\; O no If yes, a:Hvltr b l,elni can ltd out th1nuch : 0 Emp loy nr s; D Cn11u;mo rs; 0
:tolh
If A(J1cem2nt u w11h :irio1 h<!r Coun1y dcparamcnt. the itt.llvllf w II IJc L,m il!tl i:ut Uy . Oco unlf emplU'lf'es, Ocon If actor,.:
00ul h
8 Arc 3 Type : O cmoA,ca; Olocal Tarftt!l A•!!;i: O ~tflO':'(ly ~,,.;i,
9. Speci~I Ch ~racttrdSl ics: OP,e1ldenu,nv Declared ma1or Dlscsler Aro; Ot·l!~:orit l'resc·va11on At~a ; Oerownlielc; Rc tlr.\•cl~m~-r,t
Arca -lfH:1r:\:t1 r111nhP.r nl ;i,r,,.~ rf'ml'd1;i.1 cd:
l C. Activity lnform;i,t,nn· Onr,..fnr,On,. RPplacc~ O0ispl3 cemen1, 0F;ivo,c d AWv1t ,; OSpuc1al /mtss,,v:mt ; 0Aevnlvinf1 Furid ,
n J:10 :11 Funded
P ng• 6
Attachment 1
Federal Fu ndin ~ Accou nta bility and T ra nsp a r en cy Act (FFATA)
In acC'orihmcr with Fe deral Acquisit ;
more .
~gula ti on Clause S2 .204 -I0, rep ort ing is requi red for award~ nf$25 .000 or
In for mation f',i..,J Resp oni.e
Ocf1ni1inns nn be found on lhfl '!!'~1: fun n.
I. Age ncy or Jurisdic tion DUNS mun ~•:r: Arapa hoe Co unt y
2. Sub rccip icnt na me Rccm ;ii°¥ . \ "-'? ·,:f' C:ity nf Englewnoa
J . Subrccipienl Parent DUNS number:
(re port if difforcnt from agen cy nurn bcr
RhO\'e)
4. Location of Entity Rece iving Awaid :
(fu ll st reet addrf~s:)
-····-·-··-__ 5 .. _ Primary lo ca tion o:" Pe riomum ce of.the Award: __ ---------... . ------·------··--.
{Cit~•, Stole nn d Congres:sio nal Di st rict)
Answer ·1 nic or false {below)
6. h the prece di:tg fis cal year, Contractor rec~iveC.:
a.) S:?5,000,0•)0 ur mua c iu 1&.1u1ual gross
rever.ucs from fe dera l .,rocurcrncn t
contracts!subcontncts and/Cir ft .!:ral tina nci al
assistance awards or suba wards su bje ct to the
TrcU1s oarencv Act.
I;,.) 80% or more of its annual cross re ven ues
frotn federa l procurement ccm tracts/s ub contracts
and/or fderal fi nanc ial assi stan(.;e aw1ml s or
subawards sub iect to tJ ~ Tran50a ren cy Act.
c.) The pu blic docs nC\I have access to
infnrm a1inn ahnlll 1he r.o mr,e nsati on cf its five
mo st high ly co mpensate d E1.cc utivcs throug h
peri odic repo rt s fil ed lluo1 •~il the Sec urities
Excha nge Act of 1934 or the IR S.
A n aniwc r to quC!'Jilio 1t 7 is required ONLY wl,en al! an swers to qucsno us Ii are true.
1. Names and tota l com pensa tion of the five (5) most highly co mpe 11s01c:ct Execu tives fo r th e pre ceding fisc al
year :
~ Compensation MJ011ni
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Page 7
I
l)y s1t,;ni111; h:low, I c.enif) lht~ infon1111t1on conuuncd .n 1his rcpcn 1:-comp lete rin d m:c urmc lo 1hc hc:;1 of my
~11 0 \\lcdgc.
Do le
Definitions
1 The nUNS N11mhAr o f the aoenr.y rer.eiving the award, which is use d as th e uni que entity
identifier,
DUNS Numbor . Dun and Brads treet (D&B) -Th is co mm orc ,al ent ity maintains a repository of
u n ique ide11 :ifiers (0 -U-N-S Numbers), which arc nino digit ;cquencua ·ccognizcd O$ the
i.i11 ive rs ~I s t~11da1d fa, ict i ,ntiiying bu siness entities and 'corp ora te-hi erarc hies : Any organ ization
tha t has a Federal contract or grant must have ;; DUNS Nu111be1 .
2 . The name of the ent it y recei v ing the award ; Sub-Grantee, Sub-Recipient, Sub-Awardee.
:i. The DUNS Number of the agency receiving the award (if different than Sub-Recipient in box
111 ), which is use d as Iha unique ent ity id entifier DUNS Number • Dun and Bradstreet (D&B)
-This commercial entity maintains a re pository 'lf unique identifiers (DUNS Numb2rs), which
are n ine-digit sequences recog nized oc th o unive rsal sta :idard for identifying business entities
and co rporate h ierarchies. Any organ iza tion that has a Federa l con tra ct or grant must have o
DUNS Number.
4. The business offi ce location of the entity receiving the award und er th e award including the
city, slate, congressional district , and country .
s r he pri'ria ry locati~n of f)Arfnnna nr.P. ,mrfer th e award including the city, stale. congressio na l
district, and country.
6. The names ond tot al compensa tion of the fi ve highest-paid officers of an entity if, in lhe
preceding f isca l year, th at enlily rece ived: 00% or more of its ann ual gr oss reven u es in Federa l
awards, $2 5 ,000 ,000 or more In annual gross revenu es from Fedeii;I awar ds , a11d the µubli~
does nol already have access to data on executive compensation through reports filad under
secti •n 13(a) or 15(d) of lhe Securi ti es Exchange Act of 1934, or section 6104 of the Interna l
Revenu e C ode of 1986 .
SUBGRANTEEAGREEMENTFOR
ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: City of Englewood
PROJECT NAME: Huusing Reb11bilil11liuo
PROJECT NUMBER: ENHS 1223
This Agreement is made by and between the Board of County Commissioners of the Cowtty
of Arapahoe, Slate of Colorado, for the Community Development Block Grant Program in
the Community Resources Department (hereinafter referred to as the Cowity) and the City
of Englewood (hereinafter referred 10 as the SubGrantee) for the conduct of a Community
Deveiopm cnt Rinck Grant (CDI-\G) Project.
I. !'UH.POSE
The primary objective of Title I of the Housing and Community Devclopmc\lt Act of 1974,
as r..'llcnded, and of the Community Devclopmcnl Block Grant (CDBG) Program under this
---.. --Title _is .-the development-oLviable .. urban .• communities,--by--providing -decent-housing,-a---·· -
iuitable 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
oul in accordance with the Scope of Services, attached to, and i,1corpora1ed 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.
I[. WORK TO BE COMPLETED BY THE SUBGRANTEE
The grant funds are to be used only to provide services to Arapahoe County residents ,
excluding residents o f 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
wu.lcr this qmtracl shall nut exceed $27,500.. Drnwdowns for !he payment of
eligi ble expenses shall be made against the line item budgets specified in the Proj ect
Bud ;;ct <111d in accordance with perfonnance criteria established in Exhibit A Scope
of Services . The parties expressly recognize that the SubGrantce is to be paid with
C:DBG funds received from the federal government, and that the obligation of the
County to make payment to SubGranlee 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 tem,inate or, amend this agreement. To the extent C.R .S.
§ 29-1-1 IO is applicable , any financial obligation of !he County to the SubGrantee
beyond the current fiscal year is also contingent upon adequate funds being
appropriated, budgeted and nthcrwise available ..
Upon expiration of this Agreement, as identiticd by the Agreement Date and
Projc~t Deadline (Deadlir:e) in Exhibit A, the SubGnu1tce shall transfer In the
Cou ,.ty ~ny CDBG funds ,m hand at the time of expiration and any account,;
receival,l e auribu1ablc to !he use of CDBO funds. These transferred limds shall
revert to the County and be utilized for other purposes.
13. Timclinc
A II Project activities shall be completed and draw requests submitted by the
Deadline unless the S11bgran;ee notifies the Cou n:y in writing thi11y (30) days prior
to the Deadline that the funds cannot be disb·Jrscd. An extension may be granted, in
writing, in which all draw requests be submitted and Project activities shall be
completed by thirty (3 0) days following the Deadline. In the event tl1at the
completion deadline falls on a weekend or holiday, the Deadline will be considere,i
the work day prior lo the scheduled completion date . If the pmj cct requires
additional time past tl1e extended Deadline, the Agreement must be mudilicd by
· -mutual agreemc·nc6ftlic Countfaiid tneSubGriiniee·: ··· · · ·-· ·· · ··· · ··· ---· -·
C. Performance Criteria
In accordance with th e funding application submitted by the SubGrantcc for the
Project, the criteria listed below arc to be met during the execution of the Project as
identified in Exhibit A Scope of Services .
I. Quantifiable Goals
2. CommWlity Impact
3. Monthly Perfonnance Standards
D. Reporting Requirements
I. Project report, will be due within twenty (20) days folio, .• ,g the end of
each reporting period us specified in Exhibit A Scope of Services wit il
the Project is co11111leted.
2. TI1c official annual audit and/or 1-":nancial Stitcments for the SubGrantce
in which hn1h re~cnues Rnd expenditures for the CDBG Projects
described herein arc detailed urc due annually. TI1e last completed
official annual audit report and/or Financial Statements shall be due on
May 3 I , and for four ( 4) years thereafter on May 31. ·
3. Non-profit organizations that expend $500,000 or more annually in
federal fonds -shall comply with the Sirigle Audit Act of 1984, as
amended, as implemented in 0MB Circlllar A-13 3, and other
applicable federal regulations .
Ill. RESPONSIBILITIES OF THE SUBGRANTEE
A . Fedcrnl Compliance
The SuhGrantcc sh.JI comply with all applicable federal laws , regulations and
requirements, and all provisions of the grant agreements received from th e U.S .
Department of Ho usi ng and Urban Development (HUD) by the Cowity. These
include but are not limited to compliance with the provisions of the HmLsing and
Community Devel opment Act of 1974 and all rules, regulations , guidelines and
circulars promulgated by th e various federal department<, agenci e s, administration s
and comr.tls sions relating to the CDBG Prob'l'!Ull . A listing of some of the applicable
laws and regulations arc as follows :
I. 24 CFR Pan 570 ;
2. 24 CFR Parts 84 and 85 a~ applicabl e per 24 CF R 570 .501:
3. Titl e VI of the C:ivil Right< Act of 1964 ;
4. Title VIII of the Civil Rights Act of 1968;
5. · s ections ·104(hf and 109 of the ·Housin g°nriif C ommunliy Dev-efop ment -. --·------
Act of 1974;
6. Fair housing regulations establi shed in the Fair Housing Act, Public Law
90-284 , and Ex ecutive Order 11063 ;
7. Section 504 of the Rehabilitation Act of 1973;
8. Asbestos guidelines establisr.~d in CPD Notice 90-44 ;
9. The Energy P<'licy and Cimse,vation Act (Public Low 94-163 ) and 24
CFR Part 39 ;
I 0. Non-di scrin1inuti on in empkr,ncnt, established by Executive Order
11246;
11. Equal employment opportwiity and minority busines s enterprise
regulations established in 24 CFR part 570 .904 ;
12. Section J of the Housing and Urban Development Act of 1968 ;
The purpo se of sect ion 3 is to ensure that employment and other
economic oµpu rtunitics generated by certain HUD fmanc;al assistance
shall, to the greatest extent feasible , and consistent with exi sting
Federal, State and local laws and regulati ons, be directed to low-and
very low income persons, particularly those who are recipients o i
government assistance for housing , and to business concerns which
provid e e~cnom ic op pcrtt.nitic :; to lcw-and VCi)' low-incv me pf' ·sons .
13 . Federal procurement rules when purchasing services, supplies,
materials, Jr equipment. TI1e applicable fdcral regulations are
contained in : 24 CFR Part 85 or through 24 C FR Part 84, as
applicable;
14 . Lead Bas ed Paint regulations established in 24 CFR Parts 35 and
570 .608;
. 15. Audit requirements established in 0MB Circular A-133; and
16 . Cost pril1ciplcs established in OM!! Circulars A-87 and A-122 as
applicable per 24 CFR 570 .5 02 ;
17 . Conflict oflnterest:
a) 1lpplirahility
(l) Ir : the procurement uf nupplics, eq.J,prncnt, con !Hruc tion,
a110 ,;,·r, ;, .. ,s l,y tlic Cow1I) am: by tit.: SubGrantcc , 1111,
co110 :t:t of inlcrcsl provisions in 24 Cf-R 85..16 an<1 24 CFI<
84 .4~. ;.:s pectively shall apply .
(2) In all r.ases not governed by 24 f:FR 85 .16 and 84.42, the
provi sion< 1f 24 CFR 570.611 (2) shall apply. Such cases
include the acquisition and dispnsition of real prope1ty and
the PH"· 1,ion of assistance hy the County or by its
SubGrantces lo individuals, [,usinesses , and other private
entities under eligible activities that authorize such
nssistancc (e.g ., rehabili1Htion, preservation, lmd other
improvc,,,~n !; of private propcnics or fhcilitics pursuw1 t to
24 Cf'R 57 1.1 .20 2~ or gra nts, loans, and other as~is ti.U11,,;c tu
bu si nesses , individuals, and other private entities purs uant
to 24 CFR 570.203, 570 .204, 570.455, or 570.703 (i)).
b) -Conflicts pri,hioitcd ·. The . general . rule is that
persons described in paragcaph ( c) of thi s section who
~xcrcisc or have exercised any functions or responsibilities
with respect to CDJ3G activities assisted under this part, or
who are in a position to participate in a deci£ion-making
process or gai n inside infonnation with regard lo such
activities, may not obtain a financial interest or bcnclit
from a CDDG-assistcd activity, either for themselves or
those with whom lhey h•ve business or immediate family
ties, during their tenure or for one year thereafter.
c) Persons covered. Th~ conflict of interest provisions of
paragraph (b) of this section apply to any person who is an
er· · ,y·,r. agent, consultant, officer, or elected official or
ap1 ,ed official of the County, or any designated public
agcuucs, or of lhc Su bG rantee that are receivin g t\md s
under this part .
d) Exceptions. Upon the writt en rqucst of the County, HUD
mny grant an exception to the pro ·, isions of paragraph (b) of
thi s section on a case-by -case basis when it has smisfactorily
met the threshold requ irements of (d)( I) of th is section,
taking into account the cumulative effects of pamgraph (d)(2)
of this section.
(I) Threshold requirements. HUD will consider an
exception only after the County has provided lhc following
documenlation :
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 lhc County's attorney that the
interest for which the exemption is sought would
not violate State or local law.
(2) Fae/ors 10 be considered for exceptions. In
determining whether 10 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
effect ive and efficient administration of the County's
program or project, taking ir.to accc,unt the following factors ,
as applicable:
i. Whether the exception would provide a
significant cost benefit or an essential degree of
cxpcrti,t· to the program or project that wnulrl
otherwif~ : ,ot be available;
ii. Whethc: an opportunity wa~ provided fo r open
competitive bidding or negotiation;
iii . Wlicther·the· person-8ftected iS a ·m-cinber o(a -·-··-........ -
group or class of low -or moderate-income
persons intende d to be the beneficiaries of the
assisted activity, and the exception will permit
such pe,·,,,n to receive generally the same
interests or ~enefits as ore being made available
or provided to the group or class;
iv. Whether the affected person has withdrawn from
hi5 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 . Vvl1ctl1cr umluc hurdship will rc,uh either lu the
County or the person affected whe n weighed
a gainst the public interest served by avoiding the
prohibited conflict; and
vii . Any other relevant considerations.
18 . The SubGr:mt~e c:ui ... '1ct engage in~ fede :-~!!y funded contract with :?.n y
entity registe red in the Lists of Parties Excluded From Federal
Pro ctrremcm or Nonprocurenient Programs.
19 . Labor Standards (Davis-Bacon)
Except for the rehabilitation of re s idential propc:ty that
conta in s less than eight (8) units, the SubGrantec, and its
contractor and all subcontractors shall comply with the Davis-
Bacon Act, 40 U .S.C. 276a to 276a-7, and applica':,Je
regulations of the Department of Labor under 29 C .F .R . Part 5,
requiring the payment of wage s al ra1cs of not less 1han those
prevailing on similar construct1on in 1hc locali1y as d etermined
by the Sccrelary of Labor .. when the project c ost s total $2 ,0 00
or more and th e work ~s financed in w :10le or in p:trl with
assistance provided under this Agreement. The applicu i,lc
Davis-Bacon wage rate schedule must he included in all bid
and contract documents, as we ll as the "Fede ral Labor
Standards Provisions", Fonn HUD-4010.
20 . Lead Based Paint Rcgula1ioos
If the Project involves acquisitiun, cJ nstrnctiun , d emolition,
rehabilitation, or any otl1cr activity related to residential
housing, and the building was built pri or lo 1978 , L ead Based
l'uint Laws w1d Regulations apply, ns cslabli shcd in 24 CFR
Part s 35 and 24 CfR 570.608 . Furthcr,.all applicable federal
and stale laws relating lo lead-based paint must be followed ,
including s uch regulations promulgated by th e C .S.
Enviro1unental Protection Agency and the Stale Depanmenl
of Public Health and Environment, including rcgulntions for
non-housing buildings . If the SubGrantcc docs not follow
and document lead based paint laws and regu lation
compliance. the SubGmntee will not be eligible for
reinibursement.
21. Environmental Review
Notwithstanding any provision of this Agreement, the parties
hereto agree and acknowledge that this Agreement does nol
cunstilutc u conuniunenl of fw1ds or s ite a pproval, and that
such commitment of funds or approval may occur only upon
satisfactory comp :ti"n of environmental review and, if
required , rece.ipl by Arapal,oe County of a relensc of funds
from th e U.S. Department of Housing and Urban
Development under 24 CFR Pan 58 . The parties further
agree that the provision of any funds to Uic project is
conditioned on Arapahoe County's detem1ination to proceed
with , modify, or cance; the project based on lhe results of a
subsequent environmental review.
21. Uniform Relocation Act (URA)
The Proje~t is subject 10 the relocH•i on and acqu1s1t 1on
requirements of the Uniform Relocation Act of 1970, as
amended , and implemented al 49 CFR Part 24; Section
I 04(d) of the Housing & Community Development Acl, as
amended, and implemented al 24 CFR Part 42 ; anci
Displacement. Relo ca tion . Acquisition. and Replacement nf
Housing imi,iemented al 24 CFR 570.606. The SubGrantec
must comply with lhe Co unty'< Anti Displacement and
Relocation Assistance Plan on file.
B. Non-Appropriations Clause
The SubGrantcc agr,·es that it will include in every contract it enters , which relies
upon CDBG monies for funding, a non -a pprnl'lia tinn clause that will protect itself,
and the County from any liabil ity or responsibility or any suit which might result
from the discontinuance nf r.nRr. funding fnr any rea son . Because this SubGrantee
Agreem ent involves :unds from a federal grant, to the extent there is a conflict the
--funding provisions of this St1bGrunlee Agreement, the federal grant and the fcd.;;:al -
s~rutcs control rather than the provisions of Section 24-91-103.6 , C.R.S. with regard
to any public work projects.
C. Ex: anditurc Restrictions
All CDBG funds th2.t are approved by HUD for expenditure under the County's
grant agreemen~ including those that are identified for the SubGrantee's Projects and
activities, shall be nllocatcd to the specific projects and activi ties described and listed
in the grant agreements. 1be allocated funds shall be used and expended only fo r
the projects and activities for which the funds arc ident ified.
D. Agreement Changes
Nu 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 Consolicated Plan by HUD, if required. Changes must be reque sted in
writing and may not begin until a modification to this Agreement is fully executi,d.
E. Direct Project Supcn·ision and Administration
The SubGrantce shall be responsible for the direct supervision and administration of
it s respective projects or activities. This task shall be acc omplished through the use
of the SubGrantee's staff, ag ency and employees. The SubGrantce shall be
responsible for any inju~ to persons or damage to property resulting from the
negli ge nt acts or errors and omissions of its staff, agents and employees. Because the
SubGrantce is responsible fo r the direct supervision and administration of its
proj ec t; or activities, the County shall not he li ahle or respon sibl e for cos t overruns
by the SubGrantee on any ;,rojects or activities . '[he Co rn1ty shall have r.o rl111y nr
obli gation to provid e any additional fundin g to the SubGrant cc if its proj ects or
activiti es ca nno t be completed \\1th the fonds !!1luratcd b) the Cu "11ty l<I th e
~'qi,(ir;mtce . Any -:ost overrun s shal l he th e sole ccspnnsib!lity M th c ::iuhGra ntce .
I . 11,c Sub Gra ntcc agrees th at all fnncl s allncat cci to it rn r :ippmv<S I proj c:t,
or nct ivitic :; ::;hnll be use d 5:llc ly fo r the purpo se s approv ed by the
Cu u11t y. Said fund s shall nut l:t' use d for any 11011-approved pu rpo ses.
2. The SubGr:m tec agrees that the fund ! ",cat cd for firlY approved proj ects
or activities shall be suffi cient tn c,,mp lcte said project s or acti vitie s
withou t any udditi onal CD13G fundin g.
F. Indemnity
To the extent allowed by law, th e SubGrant r<· shall inde :nuifv and hnld hannlcss the
County und iLs elected and appoin ;ed officiul s. offa cre,, employe es m,d agent s frotr,
and again st any and all losses , dama ges , li abil itie s, dairn s , suit s, acti ons or costs ,
includi ng attorney., tees , made, asserted or incurred as a result of any dmna ge or
alleged damage to person or property ucca~ioned by the acl~ or omiss ions of
SubGrantcc, its o ffi cers, empl oyees, agents, con tract ors nr suhcnntrnctor!-i, ari sinc
out of or in any way conne cted with th e Projcc '. or tl,c pcrfo nnancc of thi s co ntrac t.
G. llondiug and Insurance
If the SubGrantee's projects inv olve cm:s tru cti on act iviti es , an y Contractor it uses fo r
sa id activities shall be required to provide and maintain, until final occcptnncc by the
SubGrantee of all work by such Contractor, the kinds and minimum amounts of
insurance as follows:
1. Compre11ensi ve General Liability : In the amount of not less than
$1 ,000.000 combi11cJ single limit. C,,vemge to include :
a. Premi ses Operations
b. Products/Co mpleted Operations
c. Bro ad Fo 1111 Contractual t.i:,bility
d. Independent Co nt rac tors
e. Broad Fom1 Property Dama ge
f. Employees as Addition al In sured
r . Personal Injury
h. Ara pahoe County and the SubGrante~ as Additional Named
lnsw-e d
i. Waiver of Subrogation
2. Comprehensive Aulomobile Liabilily: In the amount of not le~s than
$1,000,0 00 combined single limit for bodily injury and property
damage . Coverage to include :
a. Arapahoe County and the SubGrantee as additional Named
Jru,ured
b. Waiver of Suhroga1ion
3. Employers Liability and Workers Compen.~at1on: The Lonll'aclor
shall secure and m~intain employer's liability and Worker's
Compensntion Insurance that will protect it against any and all
claims rcsuhin g from injuries 10 and death ol workers engaged in
work under any contract funded pursuant to this agreement.
Coverage lo include Waiver of Subrogation.
4 . All referenced insurance policies nnd/or certifi cates of insurance
shall be rubject to the following stipulations:
a. Underwriters shall have no rights of recovery subrogation
against Arapahoe County or the SubGrantee ; it being the
ir.tent of the parties that the in~urance _ polic;,ies _ so effected _
sh~II protect the parties and be primary coverage fo r any and
all lussos cuvcr."1 by the c.l"scribcJ insurance.
b. '[be clause entit.lcd "Other Insurance Provisions" contained in
any policy including Arapahoe County as an additional
nwned insured shall not apply to Arapal :ie County, or the
SuhGra.ntee.
c. l'he inswance companies issuing the ,policy or policies shall
have no recourse against Arapahoe County, or the
SubGra.ntee for payment of any premiwns c.lut: or fi any
assessments under dlly fonn of any policy.
d. Any and al! :b.iuctiblcs ,·ontained in any insurance policy
shnll be usswned by and at the sole risk of the Contrnctor.
5. Ce rtificate of Insurance: The Contractor shall not commence worlc
ui1der a11y co11lrac1 fur1di:d pursuan\ to ti,-,, Agreement until he has
su :mtlned 10 the SubGrantee , re~..eiverl approval thereof, certificates
of insurance showing that he has complied v.,jth the foregoing
insurance requirements. The SubGrantee shall also submit a copy of
the Conlrn clor's certi [k.ates of insurance ro the Co unty .
6 . Notwithstanding the provisions contained in !his para.gr~pi, (H) set
forth hercinabove , the County reserves the rirh1 to ,nodify 0r waive
said provi sions for projects or activities for 11,:rich these, provisiotts
would prove prohib11ive . The SubGra.ntee understands, however,
that the decisi on to waive or modify those provisions is fully within
the dis~retion of the County .
In accoro1111cc wilh 2·1 C FR p11rls 84 and 85, \he 1o ll o"fog handing requirements
shall appl y lo nil projcc\s exc eeding \h e si mp li fied acquisilion threshold (current!}
$100,000)·
I. A hid 1;1111 nu 1\ee from encl , :,i dd cr cq,,iva lcn110 5'½, of the bid price;
2 /I pcrfo rn ·innc<: bo nd on th e parl of ll:c conlraclor for I 00% of lhe
Wll ll'IICI pri :c; 1•nc.l
3. A pny 111 cnl hond 0 11 Ili c part of' t'.,c con tractor for 1 00% o:'" the
CO lllrtlCl pri ce
II . Re cords
The SubOnutlec oh,~I mui nwin II co mplclc sc, ofbo"ks and records docwncnting il s
usc llf CDBG fund , uml ii , super vision and administration of Lhe Pmject. Records
arc lo inc lud e documcntution verif yi ng l'rojec\ eligibility and national objcctivr
co, 1pli :uwc, as well as financia l an.i 0U1 er adminislralive aspects involved in
pc,r 'onninn Iii<' l'rojcr.l. '111<· SubGr:•nlee shall provide full access lo U,es c books mid
records 10 tl1c Couuty , th e Sec ret ary of HUD or his dcsigncc, !he Offi ce o fl11 spec 1or
Oc11~r.1l, 1111d the Ge ne ra l i\cco w11ing Offi ce so that compliance with Federal laws
and regulations 111 ay be con linncd . The SuhOranlcc funhcr ag ree s lo provide to th e
Coum y upnn rcqucs l, a co py nf any aurlil re ports pertaining 10 \he SubGrnn\ee's
finan cia: OJ'Cru lions during \he \em, of Uu s Agreement All records pert aining to the
Project urc to be 111i.1i11Wirn;:d ior u 111i11irnum uf five yt:ct.rn ft11luwing close-out of the
Project.
I. Reporting
The SubGrantcc shall lilc al l repons and other information necessary to comply with
app licable Federal laws and regulations as required by the County and HUD. lbis
shal l includ e providing lo th e Cowity the information ,:,ecessary to comple\e annual
Pcrfonnancc Rcpor1.~ in o timely fashion .
,I. Timdiucss
The Suh Uruntce :;h all comp ly witl, \he performance s\11ndords cslDb lished in Exhibit
A of thi s Ag1cc111 011t. '17,e Sub<Jranlcc tmdt:rstamls \hat failure to comply wi th the
cstabhshcd standm·ds may lead lv J cancellat ion of the Project and a lo ss of all
unexpen ded funds.
K. Hcirnhur~cmcul for Expcuocs
The SubGm ntee agrees th at before the County can distribute any COBO funds to it,
lh <: SuhCirnnlcc mu s! submil to \he County's Housing and Cornmwuty Development
S.;:rv iccs Div ision docun1cntation in the form required by that Di vision which
prorcrly and fully idcndfies th e an1oun\ which the SubGrantee is requesting at that
time . The Co unty shall have ten (10) working days 10 review the request. Upon
approval of the request, the County will distribute the requested funds to the
SubGrantee as soon as possible.
L . Program Income
All program income directly derived from the Arapahoe County Community
Development Block Grant Program received by the SubGrantee will be returned to
the County unless authorized in Exhibit A Scope of Services to be retained by the
SubGrantee and dispersed for its approved CDBG Project activities. If the retention
and re-use of Program Income is Autliorized, it must be dispersed for its approved
CDBG Project activities before atlditiunal CDl3G funds are re<juestctl 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. Reul F'roperty
Rc,1! property acquired in whole or in part with CORO fund s shall be utilized in
accordance wiL'i the scope and goals identified in Exhibit A Scope of Services
-attached to· and made a pari of this ·Ag,ecmcnt. Should-the -property in question be
sold or otherwise disposed of, or the npproved property usage disconti.,ued, the
SubGrantce sball adhere to the requirements of 24 CFR Parts 84 or 85 (as
applicable) regarding the •i~e and disposition of real property.
N. State and County Law Compliance
All responsibilities of the SubGrantec enumerated herein shall be subject to
applicable State of Colorado statutes :llld County ordinances, resolutions, rules, and
regulations.
0. Subcontracts
If subcontracts are used on the Project, the SubGrantce agrees that the provisions of
this Agreement shall apply to any subcontract.
P. Suspension or Termination
This Agreement may be immediately suspended or tem1inated upon written
notification ~r,;n the County if the SubGra..-itee materially fails to comply 1•.~th any .
tem, ofthi~ Agee "11,is Agree111er.i may also be terminated fur co11ve11i_e11ce by
mutual ab, ~er.,ent • ·:aunty and the SubGrantee .
Q. Urban County Designation
In the event that the Unit of General Loca l Govemmen1 s~m,ld wi1hdraw f:rom 1he
County's "Urban Coun!y" designation, thi s Agreeme nt shall lenninate a!i of the
tenninatior. date of the County'sCl)BG b'Tillll A;c:rccmc nl wi1l1 HUD.
R. Ccrtificnlion
The SubGrnntec cc1tiftcs that lo the best of its know\c<l~c und belief:
I . No Federal appropriated funds have 1,een paid er will be paid , by or
nn hc:half of it, 10 any person 1or in.fluencing or attempting to
infl uence an officer or employ"c e of any agency, a Member of
Congress, 1111 officer or employee of Congress, or an employee of a
Member of Congress in connection wi•h the awarding nf any Federal
contract, the making of any Federal grant. the making of any Federal
lonn, th e cntcing into of any cnopr.rat ive ;1greement, and the
extensi on, cor.linulltion, rcncwul. nmcndmcnt , or mudificntion of uny
Pcdcra ! contract. grant, loan , or coopcrati vc agrc1,;1 neut; an<l ,
2. If any fw1ds 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
of:icer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant , loan, or
cooperative agreement, it ·>1i ll complete and submit Slanrlard Fonn-
LLL. "Disclosure Fom1 to Report Lobbying," in accnrdanee with its
instructions .
S. lli•allowancc
If ii is tlelt:rrnined by HUD or other federal age11cy that the expenditure, in whole or
in part, for the SubGrantee's Project or activity was improper, inappropriate or
inel igibl e for reimburseme nt, then the SubGrantee shall reimburse the County o the
full extent of the di sa llowancc .
T. Hcvcrsion of Assets
Upon expiration of thi s Agree ment, the Su bGrantc c shall tran sfer to th e County any
CDBG funds on hand at the time of expiration r.nd uny accounts receivable
attributable to the use of CDBG funds . Any real property under the SubGrantce's
control that was acquired or improved in whole or in part with CDBG fonds
(including .COBO funds provided to th,, SubGrantee in the form of a loan) in
excess of $25,000 is either:
(i) Used t<· meet one of the nati,,r,al objectives in §570.2 08 (fonnerly
§570.901) until five v~ars after expiration of the agreement. or for such
longer period of time as detennined to be appropriate by the County and
specified in Exhibit/\ Scope of Services; c,r
(ii) Not used in accordance with national objectives in §5 70.208 (formerly
§570 .901), in which event the SubGrantee shall pay to the County an
amount equal to th: current market value oi the property less any portion
of the value attributable to expenditures of non-CDBG funds for !:.c
acquisition of, or improvement 10, the property .
IV. RESPONSIBILITIES OF THE COUNTY
A, Admini.,trath•e 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 O( activities pe_rfonned or e:on~ucted lll)der __ anY.. CI;)BG _ a1,'l'CCment, the _
County shall have the ne cessary administrative control required to meet HUD
requirements .
B. l'crform11nce 11nd Compli11nce Monitoring
The County's administrative obligations to the SubGraniee pursuant to paragraph A
above shall be limited to th~ perfonnnnce of the administrative tasks necessary to
make CDBG funds available to the SubGrantee and to provide Housing 1111d
Commwlity 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
TI1e Cow11y will be respon sible for seeing that all nece ssary reports and infonnation
required of the County are filed with HUD e:1d other applicable Federal agencies in
a timely fashion.
V. EXTENT OF THE AGREEMENT
This agreement, including any documents attached as exhibits which are hereby
in corporated herein by reference , re presents the entire ond integrated agreement
between the County, and SubGrantee ~nd supersedes all prior negotiatim:s,
representations or agreements, either written or oral Any amendments to this
agreement must be in writing and signed by both the County, a ,1d SubGrantec. If
any portion of this agreem ent is found by a court of competent jurisdiction to be
void and/or w1enforceable, it is lhe inte nt of the parties that the remain in g portions of
this agreement shall be of full forc e and effect.
VI. NOTlCl~S
Notices lO be provided under this Agreem ent shall be given in writini; and ei ther
deliv e red by h,md or depo sited in th e United Stat es mail with s ufficient po stage to
the nddrcsscs set fo rt h:
To th e Co w,ty : Arapah oe Co w1ty Attomey
5 3 34 S. Prince Street
Littleton, CO 80120-1136
l!!l~
Arapa. "oe Co unty Housin g and Community Development
1690 W. Littleton Blvd ., #300
Littl eto n, CO 801 ~0-2069
To the SubGramcc: City of Englewood
ATfN: Jan et Grimm ett
I 000 Englewood Pkwy
Eng icwood, CO 8011 0
In Witne ss Whereof, the Partie s ha ve C3used this Agreement to be duly executec this
_____ tlay uf _____________ ,2012 .
SubGrantce:
Sib'llature
----------------------Title
Board of County. Commissioners
Arapahoe County, Colorado
Don Klemme on behalf of the Board ofCounry Commissioners
Pursuant to Resolution 11120113
EXHIBIT A
SCOPE OF SERVICES
FOR cosc; RFHAR
Program Name: Englewood--Housing Rehabilitation
CFDA #: CDBG l~.218
Project#: ENHS 1223
AGREEMENT AMOUNT :$ 27,500
AGREEMENT END D;..T E AND PROJECT DEADLINE : 4/30/2013
INTRODUCTION
This Scope of Services is attached to and incorporated into the SubGrantee Agreement between the
Board of County Commissiuners of the County of Ar•pahoe, State o f C•llorado and the City of Englewood
(SubGran tee ) as. refe.renced in the Agreement . The purpos.e of. t his .Scope of Se,:v,ces is to furthe~
desc:lb~ the project requ i rements referenced In Section II. C. • Pe rformance Cr it eria of the SubGrantee
Agreement.
1. FEDERAL REGULATORY iNFORMATION
C0BG National Objective 1: Benefit to low-and moderate-income (LMI ) housin g
HUD Matrix Code : 14A Single Unit Proposed Number ~f beneficiaries':
Residential
'Beneficiaries are to be counted by the number of total number of D PEOP LE or l8J HOUSEHOLDS who
will benefitfrom the project (including ai: 1llembers of a household).
The Project w ill be carried out under the :
D CDBG Area Benefit definition [~ CDBG Lim ited Clientele definition
For Limited Cl icntclc Activities: Select which method of income ver ification will be used :
D Self-Certification 18) Verification with supporting income documentation
If income will be verified', select the method that will be used to determ ·ne annual househo ld income:
D N/~ ~ Pa~ S Sectio:1 s D Census tong Form [J !KS Form 1010 l on~ Forl'Tl
2 . ACTIVITY DESCRIPTION/PERFORMANCE GOALS
1 Cha•,gl! 10 i;.iprup11Jll.! N•llonal Ob jec1 l11e if necrn.try.
1 Fo r descriptt0ns of each Income verification mt,,1od and required documentation, goto:
hnp :/Jwww .hUd ·!0"/offiCCS/cp:!/•ffordab1ehousii'\g/trainlng/web/c1ltUIPW/g,l;u la10 •,cfm
Th is wtbiltc p,o.,ldes an O(l •li nf' income cal-:u1ato: for e;ich of the thee 11.:riflcat,on methods . The use o: l!'lt ulcul,ior ts re~u 1red and .i prinl •
oul of the comp let ed c.ilcul ;uor lot e;ich household ::au i.ted muu bt ~1:11nt.1 ined on filt .
Page I
a. Purpose (short description of program purpose)
ThP. Hn11!.ine Rehabilitation Project is available within the City of Englewood to an st low and
modarate ir,co rnc families with the financing of their maj or household rcpuirs..
b. Goals and Community Impact
To prov ;de loa n and/or grants to 3 single film ll y homeowners within Englewood .
c. Project Address-throughout Arapahoe County
Siles within f:nRlewoo~ addresses unknown al this time .
d. Name of Organization Carrying out the Activity-City or Englewood
Organization is . [8JAnotht:r unit of local gov'l, OAnutt1e1 µul.Jl ic age11 cy; Oceoo unly; 0
Subreclpient only; Ornuo deS1gnated as subrccip,cnt
Local Jurisdictions rules and regulations/ADA
SubGranteP. agrees th;1t it ha s react and unrterstancto; th P lcc.11 jurisdict ion 's rules and regulations
and loc al codes pc rtain ir,c to the w vr k and that all work will be permitted with the munici;>a lity
and completed ilC~ording lo its rules and regulations . SubGranter. will µerfonn thi: wo1 k in
accordance w ith the Amerlcas s with 0lsa bllitics Act {ADA).
f. Detailed Program Requirements
ThP. responsihilltiP!. of the City of Enel ewood fnr imr,l ement;stion nf the program will include :
g . Program Income
Market 1he program ;
Accept all applications;
Determine applicants' eligibility and approve or deny grants/loans.
Ma ,ntain a list or approved contracto rs;
Complete a Site Specific Environmental Review;
Determine rehab needs and develop comprehensive work specifications;
svucture contractor bidding process;
Prep~re contractor and client documentation;
Monitor rehab activity;
Comply with lead•based paint re gulat i:>ns a n1 ?nsure that tenants, owners
and contractors are aware ·or the ,r rights, responslbiiities and options;
Maintain program activity records and produce reports as set forth in this
contract;
Inspect ea ch rehab once completed with the contractor, and sign -off on
the job br'ng completed as stated in the description of work, and
~nsure that all l1ty permitting and local standards are met.
f'rogram income is the gross income rtceiver! by the SubGrantee directly generated from the
use of CDBG funds under this Agreement. Prr,gram Income Includes:
• Proceeds from the sale or lease or rroperty 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 COBG funds;
Page 2
Gross incorre 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 ol principal and interest on loans made by the SubGrantee using CDBG funds;
?roceeds from the sale of loans or obligations secured by loans made with CDBG funds;
Interest earned on program income ~ending its disposition (NOTE : interest earned on
r.llBG funds held in revolving loan funds ii not program income and must be remlrted to
the U.5. Treasury at least annually); and
Fuds collected through special assessments on properties not owned and or.r.upied by
LMI households in order to recover the CDBG portion of a publ ic improvement.
The County [8]authorizes Odoes not authorize the SubGrantee to retain Program Income to be
used for eligib le CDBG activities . If authorized, Program income may be used for the following
purposes : The Englewood Hous i ng Rehabilitation Program
Reporting program income : Monthly, the SubGrantee must reporl to the County on the
amount of Program Income received, less costs incidental to th . generation of Program Income.
Any Program Income in excess of the amount of CDBG funds identified in Section i. Budge t must
be repaid to the County .
I. Budget
ITEM
I
TOTAL
BUDGET
Admin• Personnel Costs I $50 ,000
Project Rehab Costs I )37,000
I
AMT . PO BY AMT PD BY
COUNTY Englewood
I $3,uw $47 ,000
I )l4,500
·!$'P:f:'..=t:1ift9.t4 j:;:i7. -.· · 1: .:ili.1;qo_1i:.-. •.• 1 -;~;,,,.,J!.IJQ',,i.i-\'., :·;1~.4i1{Q.4~~:.ili,-;·
AMT PDBY
Bank Line of
Credit
$0
$12,500
The amounts In eiJch budget hne 1tt!m ma\' be ad1 usted with the written a ppr Jval of the Covnty ; pro.,.Jded , however, that the
to tal amount of the award does not change .
Retalnaiae : Up to 5% or each draw may be retained to ensure t hat the work Is completed satlsfactorlly . Retalnage withheld wiU
be paid within 60 days upon the comp letion and so:1t isfactory Inspection of the work.
3. DRAW REQUESTS
Draw requests are due for each ca iendar month by the 20th day of the following month Draw requ~sts
must include :
a . Draw cover sheet showing itemi:ed list of expenditures (HCDS form)
\,, Supporting documentation j cneck all that apply):
i] Third•f.ldrly invoic.es 01 receipts
[8J Che ck copies showing payment cashment !cancelled checks) D lien Wa ive1s
D Davis -Bacon Certified Payrolls-the one unit is considered a group home and therefore
exempt from DaviS, Ba1.:u11
[81 Federa Accountab ility and Transparency Act form !Attachment t)•
•rer the • ederal Acco..:ntobfliry and Tronsp ar .. ncy Act of 2006 as amend~d, compensorion doro for certain
officials m ust be reported. Th ~ repor. form 15 au ached herein osArtachmenr l . Th is form must be
s.Jt.m,irt t d with tht first draw reQucsr and updated ff there arc cha n ges
Pa ge 3
~ Site Specific Environmenta l Review chl!cklists
N ~t c: f'aymcnts on draws submitted after May 2 0 may be delayed due to end-of-yea r HUD reporli11 g
4 . REPORTING
Data collection mu st be completed demonstrati11g 111L•,n 1e eligibility and achievcrntmts met towards
mee ting the o bject ive s des crib ed in ~e c~ion 2 Acti vity D escri ption The disbursement of rurnh is
conti ngent upon the rec e ipt of tbe required information .
Hepo rl s are dt1c for ~a ch calendar month by the 201
h day of the following month . R~µur b must im.:l uu l!:
r-Jo . uf Ue11dic.ia1 ies serv~d during the repo rting pe ri oc.l
Ot!1 :1ug1aphil;: infurrnatiu11t fur O the indlvldual served, or lg] each household
Ho use hold income• (If applicable)
Brief narrative repon· on activities contained in Section 2
Program Inc ome
'HCDl will provid e a fo:-m for the collection of beneficiary income and demographic information;
however, the subGrantee may use its own form, or a lorn, used tor another fund source for the same
program, provided that the follow•ng Information is collected :
Unique identifier: Name ?~1d address
Whether the head of hwsehold is female and/01 disabled
Whetherthe head of ' ,ousehold is aged 62 years or older
• Total number of' J sehold members
Total income of all household members
Ethnicity: Hispanic or Latino OR Not Hispanic or Latino ,,reach household member
n,e race of ea·.h househola ... ember:
White
Black or African American
As ian
American Indian or Alaska Native
Native Hawai ian or Other pacific Island er
American Indian or Alaska NativP. and W l-i1te
Asian and White
g1ack or Afrirr1n Am e ricr1n and White
Am ern:rm lncfom nr Alaska N.1tiv e and Bla ck or Afri can Amer ican
Other Muil i-Rar.ial
NOTE : Both ethnicity AND race category must be selected for each household member
Signature attesting to the acc"Jracy of the information submitted.
S. RECORD-!<EEPING AND MONITORING
SubGrantec shall retain o , file the following documents for a period of five years beyond the final clos e-
out of t f ;, grant. ,iles shall be made available to Arapahoe County, the Department of Housing and
Page 4
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 SubGrantee
2. Draw Requests and suppo"ing documentation !see Section IV Draw Requests)
3. Beneficiary Dat• !see Section V Repor ti ng)
4. Annual audits
5. Records of compliance with federal procurement rules when the SubGrantee awa ;ds contracts,
utllili11g CDBG funds, fur services, supµlies , materials u r equipment, that are in the amount of
Sl00.000 or more, or when CDBG funds , in anv amount, are used for co~stnuction activities.
SubGrantee.s should fo llow their local jurisdiction's or State procu rement policies; provided that
they are nr,t In conflict w ith applicable federal law. Labor clauses contained In HUD-4010 and
the applicable Davis -Bacon wage rate decision must be a physical part of a hid package . 14 CFR
85 .36
a. Coples of bid documents
b. Copies or contracts
c. Copies or all payments and supporting documentation to co n ,ractors and vendors
6 . Records pe "alnlng 10 Labor Laws and Requirements
lrt tp ,//www.hud.govloff;ce,/odm/l,udc/ips/Jorms/files/4010,pdf
7 . Davis-Bacon wage ra te decisions when project costs are $2 ,000 or more
8. Javis-Bacon weekly payroll records, Including overtime records
9 . Section 3 outreach efforts, for contracts between the County and Sub.Grantee that are in the
amount of $100 ,(100 or more, and for contracts between the SubGrantee and Its sub -
contracto(S that are in the amount of $200,DOO or more
a. Women and Minority Bus iness Enterprise -outreach efforts and records of contracts
with woman-and minority-owned businesses
b . Copies or contracts with sub-contractors
10. Records of lead -based pa int assessment, abatement and final clearance, if applicable
11 . Records of asbestos assessment, abatement and final clearance, if applicable
12. Recor~s of acquisition and/or relocation, If applicable
1. Pertorman«! Goal: CrHle iUltilote Ir.ins envl.~nments; {El Pro vide decent affordable housinI; 0 .rel\P economic opoonunlties
2. Performance Outcome : 0 Ava ila b lity /Ammtbll ity; 0 Affordibil ity; t8I S:mainabilit-,·
3. Ou!ck. boic 11 p101ect addrl!ss is 10 be mnked a, conf:denlial 0
4. Activity Purpoie: □Prevent Home'eun~s; 0Hclp the H:,meless; OHelp tho~e with HIV/AIDS: □Help pen.om wi th diiabUitles
S. O Accom pl shm enu to be reoorted at ano1her activity: IOIS #
6. Act lvltv bclri1 cii rri ed nut by Gr.intee? Oves; Ono If ye,, act:;;;; bPine urriPd 011 1 through: OF.mp loyPei; 0 Contractor\; 0
Ooth
7. Ir Ae1nmf'nt 1, w,lh another rnun 1v dep.-nme,nt , rh• ac1\11lly w\11 M urtice ou1 by : O county amplnye•s: O contr,u:t on;
□B eth
R. Area Typ e: D emo Arn; OLoc.1 1 rara f't Arn : O s1r,11elr( Aru
9. 5peDa l Ch aractl!tistlcs : 0Prt:1den 1;a!ly Declared majo r 0inster Area : 0Hi,to rit Preiervation Area ; Oerownfletd Redevelopment
;.o . /,ctivity lnfo,m•tio n: Q0n.!• ·o,-One Replace~ O0isp\acemen t, □Favored ActlV.':V: Qspeci.1 Au!!ssme nt ; 0Revotvlng fund;
Q fl oa tt-unded · ·
Pngc S
I
Attachment 1
Federal Funding Accountability and Transparency Act (!<'FATA)
In accordance wit!, federal Acquisiticn Regulatioo Clawe 52 .204 -1 0, reporting is required foe awards of $25,000 or
more .
[11for111ation FJeld Response
Definitions can be found on the n:venc of this f«m.
I. Agency or Jurisdiction DUNS number : Arapahoe Cowity
2. Subrccipicnt name Receiving Award: City of Englewood--·-·----··
3. Subrccipient Parent DUNS number :
(report ir different from agency number
obon)
4. Loca1ion of Entity Receiving Award :
(lull street address)
s. Primary location ol Perlonnance of the Awwd . -(City; Staie and Congressional District) ...
Answer True or False (below)
6. In the preceding fis cal year, Contractor received:
a.) $25 ,000,000 or more in annual gross
revenues from federal procwcmcnt
contncts/subconll'il:ts a'ld/or fcdcn1.I fmam.:ia l
assistance awards or subawards subject to the
Transoarencv Act.
b.) 80¾ or more of its annuAl cross revenue.'.
lrom federal procurement contracWsubeontracts
and/or fWCral fl.nWJciil l dssisliluce awards or
subawards subject to the Transparcncv Act.
c.) Toe public doe! not have access to
information obout Lil" compeMatinn of its five
most highly compensated Execut ives through
pt:riuUic repurt::i filed tluough the Securities
Exch•n•c Act of l 934 or tl,e IRS .
An answer to quest,on 7 ,s required ONl Y when all answers to quc,mon.< 6 arc true.
7. Names and total compensation of the five (5) most highly compensated Executiv , ·< for t'1e preceding fiscal
year :
Prim Name ~ensation Amount
By sig,nmg hl!l ,1w, I cc:1ify the mlmnrnt1cm c muamcct in Urn; report 1s co;nplctc and acc urntr to the best ur ir.y
knnwkdi;c.
S1gmuurc of Rcspllnsil,lc Achn1111strator and Tit le Dme
Definitions
1. The DUNS Number of the agency re cei ving !he 3ward , which is used as the unique entity
identifier.
DUNS Number -Dun and Bradstreet (O&B ) -T~is w111meIcial entity maintains a rep ository of
unique identifiers (D-U-N-S Numbers), which are nine-digit sequences recognized as the
universal standard for ,t'~n•.ifying business ent,tres and c~rporate hiNarc1ies. Any organization
that has a Federal contract or grant must have a DUNS Number .
2. The name of the entity recc.,iving the award ; Sub-Grantee, Sub-Recipient, Sub -A wardee .
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 (O&B)
-This commercial entity maintains a repository of unique identWiers (DUNS Numbers), which
are n ine-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 husiness office location of the entity receiving the award under the award including the
city, state , congressional d istrict , and country.
5. The primary location of perfo rmance under the award including the city, state, congressional
district, and country.
6 . The names and total compensation of the five highest-~aid officers of an entity if, in the
preceding fiscal year, that entity received : 80% or more of •1s annual gro,s revenues in Federal
awards, $25 ,000,000 or more in annual gross revenues from Federal awards, and the public
does not already have accest to data on executive compe nsa tion through reports filed unde~
section 13(a) or 15(d) of the Securities Exchange Act of 1934, or section 6104 of the Internal
Revenue Code of 1986.
COUNCIL COMMUNICATION
Dale: Agenda llem: Subject:
June 18, 2012 11 a i lntergovernmen1al Agreements
bet.veen the City and Arapahoe
Coun1v
lnilialed By :
CommL1ni ty D evelopmen t DPr,;i rtmP.n l
I Slaff Source:
Harold Slit!, Senior Planner
COUNCIL GOAL AND PREVIOUS COUI\CIL ACTION
Co 11nril passed Or~inance No. 22 , Series of 2009 relal ing 10 1he participali:J n in rl-,e Urban Cc,"nlY
En:illern en l Pr og ram for CDBC and HOME funds fo r fiscal years 2010 1hrough 2012; and als o
passed Resolulion N o. 90, Series of 2011 suppurting lhe sulrmission of applications fo r 201 2 CDBG
funding .
RECOMMENDED ACTION
Approv e a B1II for di, Ort.lioance autho rizing the execuliun of two Intergovernme nt al Subgrantee
Agreemenls for the 20 12 Arapahoe Coun!y Communily Divelopment Block Grant Program
belween lhe Arapahoe Board of Counly Commissioners a,.d lhe C:ly of Englewood.
BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED
The Federal Communi:y D evelopmenl B:o ck Gram (CDBG) Program provides grants to units of
local governmenl and urban counties lo meet hous ing and community development needs. The
ubjeclive of 1he Program is achieved 1hrough projeclS developed by the loca l government thal are
designed lo give priori!y lo !hose activilies 1ha1 benefit low· and moderale-income families. Funds
are allocaled by stalulory formula 10 each enlitlemenl area . Arapahoe County is an approved
e11ti1l eme11 t area . The grant funds are distribuled by Arapa aoc County to each par1icipalin3 cily
within lhe counly.
Fur f-Y2012 , fund . were appr ove d to supporl 1he following proj ects:
S 100,000
S 27,500
for lh e Energy Effic ien t Englewood (E3) project to pr ovide matchin~ !!ranls to
{ou rteen low to moderate income homeowners for c ncrgv efficiency interior and
ex terior hom e improvements; and,
for the Housing Rehabilitation project lo provide low intercsl loan s and/or grants lo
income eligible homeowne rs for health and safely rel aled home i, prove m e nt s.
An a,klitiu11a l $22 ,500 of the City's all oca tion of COBG funds was approved by Arapahoe County
to support lh e H ouse of hope S1affing project II was requested lhat Arapahoe County contract
directly wi th Family Tree for l he adminislralior. of the proje.:t.
FINANCIAL IMPACT
lhc exislin!l employees u, Community Development are available to adnunister lhe projects an d
1'1eir salar ie s and benefit, are p~rt of the City's contribution . The City w,11 utilize a portion of the
COBG iund lng from holh prc"ljr~cls (r-o :;t. $6,00(1) In 11,,rti.,ll y dfc;p t tlw n H li. n i :hoc;f? c:.il.,r i1,1 c; and
be11 efi1s .
LIST OF ATrACHMENTS
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