Loading...
HomeMy WebLinkAbout2011 Ordinance No. 058ORDINANCE NO. 58' Sl::RlliS 01' 2011 - coN'l'l\ACI NO. 7 /. -Jpf[ BY AI.JTilORITY COUNCIL BILL NO. 70 INTRODUCED BY COUNCIL MEMBER WILSON AN ORDINANCE APPROVING AND AUTHORIZING THE EXECIJflON OF TWO INTERC',OVERNMENT AL SIJBGRANTEE AGREEMENTS FOR 2011 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the City Cowicil of the City of Englewood approved the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County by passage of Ordinance No. 22 , Series of 2009 , coveting the City's partic ;pation in the Arapahoe County CDBG Entitlement Program for funding years 2010 through 2012; and \VHEREAS, the Englewood City Council passed Resolution 79 , Series of 2010, supporting Housing and Community Development that nuthorizcd submitting an application for 2011 CDBG funding ; and WHEREAS, the Energy Efficient Englewood Project has been categorized as a housing rehabilitation activity; and V.'HEREAS, the Housing Rehabilitation Project bas been categorized as a housing rehabilitation activily; NOW, THEREFORE , BE rr ORDAINED BY THE cm· COUNCO..OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section I . The Subgrantee Agreement for Arapahc, County Community Development Block Grant Funds-Subgmntee : City of Englewood, Project Name : Energy Efficient Englewood (E3) Project Number: ENHS 1121, attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Sect ion._~. The Subgrantec Agreement for Arapahoe County Community Development Block Grant Funds -Subgrantee : City of Englewood, Project Name: Housing Rehabilitation Project Number : ENHS 1122, attached hereto as E,.hibit B, is hereby accepted and approved by the Englewood City Council . ~-The Mayor is hereby authorized to sign said Agreements for and on behalf of lhe City of Englewood, Colorado . Sectjon 4. The City Manager shall be authorized to funher extend the subgrantee agreements for the Arapahoe Count y Community Development Block Grant Program as needed . 9bv Introduced, read in full, and passed on first rending on the3rd day of October, 201 I. Published by Tille as a Bill for an Ordinance in the City's official ncwspnper on the 7" day of October, 2011. l'ublished as a Hill for an Orditmncc on the City 's orncin : website hcginniug no the 5th day or October, 2011 for thirty (30) days . Rend by title and passed on fim,I readiny on the 17th day of uctobcr, 2011 . Published by title in the City's orncial newsrnpcr "' Ord:nsnee No .S'i, Sctics of 201 I, 011 the 2l•t day of October, 201 I. Published by title on the City's official website beginning on the 19th Jay of October, 2011 for thirty (30) days. d ,-1 ~1:-..0~ James K . Woodward , Mayor I, Louerishia A. Ellis, City Ch:rk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a tnte copy of the Ordinnnce pns.cd on Ii I rending und published by title as Ordinance No. 5'i, Series of 2011 . SUBGRA.~TEEAGREEMENTFOR ARAPAHOE cou• TY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS . SUBGRANTEE: CITY OF F.NGLEWOOD PROJECI' NAME: ENERGY EFFICIENT ENGLEWOOD (E3) PROJECT NUMBER: ENHS 1121 TI1is Agreement is made by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, for the Community Development Block Gra.>1t Program in the Community Resources Department (hereinafter referred to as the County) 1111d the City of Englewood (hereinafter referred to as the SubGrantce) for the conduct of a Community Development Block Grant (COBO) Project. I. PURPOSE The primary objective of Title I of the Housing and Commuuity Development Act oft 974, os amended, l!nd of the Community Development Block Grant (CDBG) Program under this Title is the development of viable urban communities, by providing decent housing, a suitable living environment and expanding economic opportunities, principally for low and moderate income persons. The project by the SubGrontee known as the Energy Efficient Englewood (E3) · (Project) has been C11tegorized as a Housing Rehabilitation project and the SubGrantee will maintain documentation with the national objective of Low/Moderate Income Housing activities . TI1e SubGrantce may proceed to incur costs for the Project upon receipt of an official "Notice to Proceed" from the County . ll. WORK TO BE COMPLETED BY Tl:11!: SUBGRANTEE The following provisions outline the scope of the work to be completed: The SubGrantee will utilize CDBG funding to provide grants to fourteen (14) low to moderate im.>,nne homeowners for energy effic:cru.:y iu terior and exterior home improvements. The intent of the project is to improve the energy efficiency of homes , with a focus on work items that qua Ii fy for federal tax a-edits o, any other state or local rebate program, including, but not iirnited to Energy Star fumaces, water heaters, windows, doors, skylights, insulation, roofing, siding, evaporative coolers, and refrigerators . A maximum of $8 ,OOC will be granted per household and the grant requires a 20% match from the homeowner. If the homeowner does not have the required match, then the grant will be secured by a declining deed of trust recorded on the property I.hat will be forgiven over a 48 month period. A. Payment It is expressly agreed and understood that the total amount to be paid by the County under this contract shall not exceed $125,000 . Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in the Project Budget and in accordance with pcrfonnanc:: criteria cutabli,;hcd in Section 11-C. ·n,e parties exprcr.•ly recogni,e that the Sul:IGranlee is lo be paid with COBG funds received ft-om the federal government, md that the obligation of the County lo make payment to SubOrnnlee is r.onlingcnl upon receipt nf s·1d1 funds . In !he ev en! Iha! said fur.els, or any p111t therw:, are, ur bccome, u11uvailablt:, 1hc11 the Cou11 ty muy immediu '.c:iy lcnninate or, amend this agreement. To the ex lent C.R.S § 29-1-110 is applicable, any financial obligat:on of the County to the SubGrantce beyond lhc current fiscal year is also contingent upon adequate funds being appropnated, budgclt:d 1111d olhciw1sc available . Upon expiration of 1h1s Agreement, ns idemincd by the deadline in Sect:on ii. C. 3. below, the SubGranlee shall transfer to the County any COBO funds on hand at the lime of expiration and any accounts receivable ullribulable lo the use of COBO funds . These lransfc1Tcd fumls shall revert to 01e Cow,ty and be utilized for other purpos=s. n. Timclinc All Project activities will be completed, nnd draw requests submitted, ily .luly 31, 2012 . In !he event thnl the co :11plclion dcudline fol'· ou a weekend or hoiicay, lhc deudline will be considered the work day prier to the scheduled completion date. C. l'crformuncc Criteria In accorcinncc with the funding upplicution submitted by lhc SubGrantcc for the Project, the criteria listed below urc to be met during the execution of the l'roject. I. Quantifiable Goals : The SubGr•ntee will utilize COBO funding lo provide grants lo fourteen (14) low to mode:ate income homeowners for energy efficiency i ntcrior ~nd exterior home improvements. The intent of the project is to improve 01e energy efficiency of homes with a focus on work items that qualify for federal tax credits or any other state or locul rebate program, including, but not limited to Energy Star fumaccs, waler hcat::i-s, windows, doors, skylights, insulation, rooling, siding, eveporative coolers, and refrigerators. Grnnt funds may be used to correct identified eminent hazards and/or other health and safety issues which arc needed lo ensure the energy efficiency of the home . A maximum of $8 ,000 will be g:-anted per household and tl1e grant requires a 20% match from the homeowner. If tl1e homeowner does not have the requirt:d match, then lhe grant will be se.cul'!'.d by ft declining deed of trust recorded on the property that will be forgiven over• 48 month period . An energy audit will be required of each ho111e prior lo the strut of construclio11 to detennine the areas of greatest energy efficiency need. TI1e energy audits will be ~aid through administrative funds. Construction funds will be disbursed to the homeowner as the work items are completed with r•imbursement based on receipts for materials and labor expenses . TI1e SubGrantee will refer clients to the County's weatherization proivam for ass istance, rather than provide a duplicate service. TI us refcrr11l will be documented and kept in the client file . In cases where appliAnce.s or system .~ ore purchased or installed with funds covered under this gran~ the appliances or systems must meet energy star standards. All improvements fund , d under this grant are to be pcrfonmed in accordance wilh applicable industry and local codes and standards, as well as the Americans with Disabilities Act. Items will meet or exceed energy standards set forth at www.energystar .gov aod or Xcel Energy. The homeowner will be instructed to meet these standards nnd pro,•ide ~virlr.nce that work mecLs these standards i.e. Label off window, contractor's detailed invoice for boiler, hot water heater, etc. All contractors, subcomractors and vendors paid U,rougli U1is grant must be checked against the federal excluded panies list to in.sure eligibility to receive fe.deral funds . The SubGrantee is responsible for checking the list. 2. Community impact: Affordable housing -stability and hous ing quality 3. Monthly Perfonmancc Standards: October 31, 201 I; Outreach and marketing FFA TA form due Monthly Draw and Reporting Due by 20th November 30. 2011: Outreach and marketing Monthly Draw and Reporting Due by 20th lli:.cernber J.1 i_o lJ : Provide services to approximately I wlique household Monthly Draw and Rcnorting Due by 20th January 31, 20P: Provide services to approximately 2 unique households Monthly Draw and Reporting Due by 20th February 29 20! 2: Provide services to approximately 2 unique households Monthly Draw and Reporting Due by 20th March 31. 2012 : Provide scovices lo approximately 2 unique householrl s Monthly Drow and Reporting Due by 20th April 30. 20 I:!: Provide services lo approximately 2 unique households Monthly Draw and Rcpoo1ing Due by 20th May 31. 2012 : Provide services to approximately 2 unique households Monthly Draw and Reporting Due by 20t½ June 30. 20 :2: l'rovodc sc,vi ccs to approximately 2 unique households Monthly Draw ond Rcpo11ing Due by 20th July 31. 2012 : Provide scivices to oncel cumul ative grant yea:-goul of 14 hou schulcs scrvi,d Monthly Dr11w Ancl Reporting Due D. Reporting R,iq11ire1ncnts I. Project 1q,orts will be d·Je within twenty days following the cud of each calendar month until U1e Project is completed. 2. The official winu11I audit and/or Fimmcial Slatc:nenls for the SubGcantee in which both revenues and expenditures for the COBO Projects desC7ibed herein are detailed ere due anncally. The last completed otlicial annual audit report and/or Financial Statements shall be due on May 31, and for lbu, ; 4) years thereafter on May 31 . E. Labor Standards (Da"i•-llncon) Proj ect activt'.ics do not require compliance with federal labor standards (Davi s-Bncon) as it is ex empt (i .e., ?Cblic service activily, single family home rehabilitation, purchase of material s, or other activity that has been dctc1mined exempt fr om federal labor standards). F. Lead llascd l'aint Regulations If the activity involves any construction, demolition, re~abilitation, or any activity related to a building, and the building was built in 1978 or prio:, Leoti B:ised Pain t Laws and Regulations apply, as established in 24 CFR Parts 35 and 570 .608. If the SubGrantec docs not follow and doc--ament Lead Based Paint Laws and Regulation compliance . the SubGramcc will not be eligible for reimbursement. The "Protect Your Family from Lead in Your Home" pamphlet is to :,e ;,rovided to all homeowners , regardless of age of housing. Vt:ri fication of notification is to be maintained in client files . G. Environmental Review Notwithst&11d :ng any provision of this Agreement, the pa11ies hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commibnent of funds or approval may occur only upon satisfactory completion of environmental review and re:eipt by Arapahoe County of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58 . The parties further agree that the provision of any funds to the project is conditioned on Arapahoe County's determination to proceed with, modify, or cancel the project based on the results ofa subsequent environmental re,~cw. H. Uniform Relocation Act (URA) It has been determined that no ac:ion under the Uni ;orm Relocation Act (URA) is necessary. UI. RESPONSIBILITIES OF THE SUBGRANTEE A. Federal Compliance The SubGrantee shall comply with all applicable federal laws, regulations and requirements, and all provisions of the grant agreements received from the U.S. Department of Housing and Urban Development (HUD) by the County. These include but are not limited to compliance with the provisions of tbe Housing and Community Develoi,J1ent Act of 1974 and all rules, regulations, guidelines and circulars promulgated by the various federal departments, agencies, administrations and commissions relating to the CDBG Program . A listing of some of the applicable laws and regulations are as follows: I. 24 CFR Part 570; 2. 24 CFR Parts 84 and 85 ; 3. Title VJ of the Civil Rights Act of 1964; 4. Title VITI of the Civil Rights Act of 1968; 5. Se<;tiuns 104(0) w11! 109 ufU1e Huusing and Community D~velopmcnt Act uf 1974; 6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and Executive Order 11063; 7. Section 504 of the Rehab ilitation Act of 1973; 8. Asbestos guidelines established in CPD Notice 90-44; 9. The E:1ergy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39; I 0. Equal employment opportunity and minority business enterprise regulations established in 24 CFR part 570 .904; 11 . Section 3 of the Housing and Urban Development Act of 1968 ; 12 . Non -discrimination in employment, established by Executive Order 11246 ; 13. Lead Based Paint regulations established in 24 CFR Pa.--ts 35 and 570 .608 ; 14 . Audit requircmi:nts c;stablishcd in 0MB Circulw-A-133; w,d 15. Cost principles established in 0MB Circulars A-87 and A· I 22. 16 . Conllict of l11tcrcst: (a) App licability. In the pmcuremcnt of propc11y and sc,viccs by participating jurisdiction, State recipients, and subrccipicnts, the connicl of intcrcs'. provision in 24 CFR 85.36 uud 24 CFR 84.42, respec:ivcly, apply . 111 ull cases 1101 governed by 24 CFR 85.36 and 24 CFR 84.42, the provisions of'lhis section apply. (h) Conflicts prohib ited . No persons described in paragraph (c) of this section who exercise or who have exercised any functions or responsibilities with respect to activities assisted with CDBG fonds or who arc in a position to participate in a di:cision making process or gnin inside information with regarJ lo these activit,cs, may obtain a financial interest or benefit from a CUl::IG-assisted activity, or have an interest in nny contract, subcontract or agreement wiLi respect thereto, or the proceeds there under, either for themselves or those with whom they have family or business ties, dming their tenure or fnr one year thereafter. (c) Persons covered . TI1e con!lici of interest provisicns of ;,aragraph (b) of this section ap;ily to any pcrwn who is nn cm1iloycc, agent, ccmsultant, officer or elected official or appointed of-ficial of the participating jurisdicti on, Stale recipient, or subrecipient which are receiving CDBG funds . (d) Exceptions : Threshold requirements. Upon the written requtst of the participating ju,isdiction, HUD may grnnt an exception lo the provisions of paragraph (b) of this section on a case-by-case basis when it determines that the exception will serve lo further the purpose of the CDBG laveshnent Partnc1·ship J>rogrm and the effective and efficient administration of the participating jurisdiction's program or project. An exception may be considered only after the pa1ticipating jurisdiction has provided the following: (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 disc ,osu:e was made; and (2) An opinion of the participating jurisdiction's or State recipient's attorney that the interest for which the exi:rnption is suught would not violate State or local law. ( e) factors to be considered for exemption. In dclcnnining whether to grant a requested exception after the participating jurisdiction has satisfactorily met the rcquircmencS of paragraph (d) of th is section, HUD will consider the cumulative effect of the foilowing factorn, where applicable : (I) Whether the exception woulrl provide a signific.int cost henefit or an o:ss«utial <iegn:e of expe1tise to the program or ~roject which would otherwise not be available; (2) Whether the person affected is a member of a group or class of low income persons intended to be the beneficiaries of the assisted activity and the exce,-uon will pennit such person to r=ive generally the same interests or benefits as are being made available or providoo to tlie group or dass; (3) Wbether the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted activity in question; (4) Whether the interest or benefit wns present before the affected person was in a position as describ~.rl in paragraph (c) oftbis ~e::tion; (5) Whether undue hardship will result either to the participating jurisdiction or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and (6) Any other 1elevant considerations. (f) Owners and Developers . (1) No owner, developer or sponsor ofa project assisted witl1 CDBG funds (or officer, employee, agen~ elected or appointed official or consultant of the owner, developer or sponsor) whether private, for-profit or non -profit (including a community housing development organization (CHOO) whcu acting as an O\l.ner, developer or sponsor) may occupy a COBO-assisted affordable housing unit in a project. This provision does not apply to an individual who receives COBO funds to acquire or rehabilitate his or her principal residence or to an employee or agent of the owner or developer of a re:il1d hum;ing project who occupies a housing unit 8S li ce p:ojecl manager or maintenance worker. (2) Exceptions. Upon written request of a housing owner or developer, the participating jurisdiction (or State recipien~ if autlmrized by the State participating jurisdiction) may grant an exception to the provisions of paragraph (f) (1) of this section on a case-by-case basis w:,en it determines that the exception will serve to further rhe purpose of the COBO program and the effective and efficient administration of the owner's or developer's COBO-assisted project In determining whether to grant a requested exception, the participatingjurisdiction shall consider the following factors: (i)Wbether the person receiving the benefit is a member of a group or class oflow-income persons intended to be the beneficiaries of the assisted housing, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provide to the group or class; (ii)Whether the person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted housing in question; (iii) Whether the tenant protection requirements of Sec. 92.253 are being observed; (iv) Whether the affirmative marketing requiremenLo of Sec. 92.35 I are being observed and followed; and (v) Any other factor relevant lo the participating jurisdiction's deteimination, including tl1e timing of the requested exception. /\ddilionully, in uccordunce with 24 CFR Pait 570, no employee, officinl, agent or consultant of the SubGrantee shall cxt:rcisc uny function ur rcspo:isihility in which a conflict ofint<'.rcsl, real or upparcnt, would misc. 17 . The SubGruntee ca ,mot cngugc m a federally funded contruct with any entity rneisl.ererl in the Lists of Parties [!~eluded l'rom l'erlernl Procurement or Nonprocurement Programs. n. Non-Appropriations Clause The SubGrantee agrees that it will include in ev ery contract it enters, whic:1 relics upon COBO monies for funding. a non-appropriation cl~usc \hat will protect itself, and :he County :'.i'om w,y liability or responsibility or any'suit which might :e111lt from the discontinuance of CDllG funning for uny reason. Because this SubGrantec Agm,r•1er.t involves funds from u feJernl g,·ant, to the extent '.here is a c,.mllict the funding provisions of this Suburantee Agreement, the ferlcral grant and the federal stututcs crn1tn:il ,athcr d,an the provisions of Section 2,.91. J 03.6, C.R .S. with rcgord to nny puhl ic work projects. C. Rxpcnditurc Rcst.riction, All CDBG funds that are approved by HUD for expendirurc under the County's grant agrcem~n~ iucluding those that are identified for tbe SubGrnntce's Projects and acliviti~.s. shall bi, allncatoo In the specific projects and activities described and listed in the grunt a1,'Tctm1e11Ls. The allocated funds shall be used and expcncied only for the proje.cts anrl activi1ir.<; for which the funrls are idemificd . D. Agri,cmcnt Changes No projects or activities, nor the amount allocated therefore, may be changed without approval by the County and acceptance of the revised Final Statement ·aud/or Consolidutcd Plan by HUD, if required . Changes must be requested in writi_ng and may not begin until a modificalion to this Agreement is fully executed. E. Direct Project Supervision und Admlnistr:ition The SubGrantee shall be responsiole for the direct supervision and administration of its respective projccL~ or activities . TI1is task shall be accomplished through the csc of the SubGrw1tcc's stafT, agency and employees. The SubGrantce shall be responsible for nny injury lo persons or rlamage to property resulting from the negligent acts or errors and omissions of its stuIT, ugcn\S and employees . Because the SubGrantee is l'esponsible for the direct supervisio ,, nnrl arlministrntion nf iL1 projects or activities, the County shall not be liable or re~-ponsible for cost ovemms by the SubGra,1lce on any proj~s or activitie.s . The County shall have no duty or obligation to provide any additional funding lo U1e SubOrantee if its projects or activities cannot be completed with the funds allocated by the County to the SubGrantee. Any cost ovcmms shall be the sole responsibility of the SubGrantee. I . The SubGrantce agrees that all fi:nds allocated to it for approved project~ or activities shall be used solely for th~ pwposes approved by the County. Said funds shall not be used for any non-approved pwposes. 2. The SubGrantce agrees that the funds allocated for any approved projects or activities shall be sufficient to complete said projects or activities without any additional COBO funding . F. Indemnity To the extent allowed by law, the SubGrantee shall indemnify and hold harmless the County and its elected end appointed officials, officers, employees and agents from and against any and all losses, damages, liabilities, claims, suit~, actions or costs, including attorneys fees, made, •.sserted or incwred as a resu lt nf illlY damage or alleged damage to person or property occasioned by the acts or omissions of ~t fJ<,~mtee, its officers, employees, agents, contractors or subcontractors, arising out of or in any way c.onnected with the Project or the perfonnancc of this contracl G. Rnnding and Insurance If the SubOrantce's projects involve constru!;li,~~ activities, any Contractor it uses for said activities shall· be required to provide and I'.'laim,.ir, ~'l•.1. tbal =ci,uut~,: by the SubGrantce of all work by such Co~troctor, the kinds and minim ,.,,, .m,ou,,i • , ,f insurance a., follows: I. Comprehensive General Liability: In the amount of no: less than $1,000,000 combined single limit. Coverage to include: a. Premises Operatiuos b. Products/Completed Operations c. Broad Form Contractual Liability d. Independent Contractors e. Broad Form Property Damage f. Employt:c:s as Additional Insured g. Personal Injury h. Arapahoe County and the SubGrantee as Additional N=ed Insured i. Waiver of Subrogation 2. Comprehensive Aulomobile Liability : In the amount of not less than $1,000,000 combined single limit for bodily injury a.'1d property damage. Coverage to include: a. Arapahoe County and the SubGrantee as additional Na.'l!ed Insured b. Waiver of Subrogation 3. Employers Liability and Workc-n; Compensation : The Contractor shall secure and maintain employer's liability and Worker's Compensation Insurance thnt will protect it against any and all claims resulting from injuries to and death of workers engaged in work under any contract funded pursuant to this agreement. Coverage to include Waiver of Subrogation. 4. All referenced insurance policies and/or ce:1ilicates t1f insuro11cc shall be subject to fac fol iowing stipulotionu : 11. Underwriters shnll hove no rights of recovery subrogat:on against Acapahoc County or the SubGrantco; it being the intent of the pn•·ties that the insurance policies so effected shall protcc'. the patties and be ptimary coverage for nny and oil losses covered by U,e described insurunce. b. Th~ clause entitled "Other Insurance Provisions" contained in any policy hcluding Arapahoe County as an edditional n:•,-n :,d insured shall nnt 11pp:y to Arapahoe County, or the SubGrantee. c. ·n,e insurance compa11ies issuing the policy or pn 'ir.ic,; shnll have no recourse against Arapahoe C:iunty, or the & .. bOrani~• fur payment of any premiums due or for any assessments under an y fonn of ru,y policy. d. Any and all dcdurtiblcs contained in any insu,~n'-C pu!icy shull be ussumed by and at the sole risk of the Cont actor . 5. Cc11ilicate of lns:irancc: The Co11!r11r.tnr .sh11ll not commence work under any c.ontract funded pursuant lo this Agreement until he has submillcd lo the SubOrantee, received npp·ovnl thereof, r.c11ificates of insurance showing that he has complied with the foregoing ins,rw,ce requirements . The SubOranlec shall also submit a copy of the Contractor's certificates of insurance to the County. 6. Notwithstanding the provisions contained in this paragraph (0) sci forth hereinabove, the County rcsorves the tight to modify or waive said provision• for projects or activities (,,r which these provisions would prove p,·,,hibitive. The SubOnmlee understands , however, that th,•. decision to waive or modify those provisions is fully within the discretion of the County. In ,.ccordance with ?.4 CFR part.~ R4 and 85, the following bonding requirements shall apply to all projecll! tm:1:eding the simplified acquisition threshold (currently Sl0Q ,O,";Q): J . A bid guarantee from each bidder equivalent to 5% of the bid price; 2 . A pcrfonnnnee bond on the part of the contractor for 100% of the contract pric.:e ; and 3. A payment bond on thcpa11 of the cont ractor for 1or ·1o of the contract p,ice. a. Records The SubOrantee shall maintain a complete set of books and records documenting its use ofCODG funds and ils supervision and administration of the Project. Records are lo include documenllltion ve,i fying Project eligibility and national objc:cli ve co111pliw1ce, as well as financial and 0U1er admin :strative aspects involved in perfonning the Project. The SubGrantee shall provide full access to these books and records !O the County, the Secretary of HUD or his designee, the Office of h1spector General, and the General Accounting Ot1ice so that compliance with Federal laws and regulalions may be confinned. The SubOrantee further agrees to provide to the County upon request, a copy of any audit reports pertaining to the SubOrantee's financial operations during the tenn of this Agreement. All records pertaining to the Project arc to be maintained for a minimum of five years following close-out of the Project. 1. Reporting TI1e SubGranlce shall file all reports and other information necessary to comply with applicable Federal laws and regulations as required by the County and HUD . This shall include providing lo the County the :nformation necessary to cor.iplete annual Perforrmmc:: Reports in a timely fashion . J . Timelin~.s~ The SubGranlee shall comply with the monthly performance standards established in Section 11-C of this Agreement. l'he SubGrantcc understands that failure to comply with the established sland11Tds may lead to a cancellation of the rrojccl and a loss of all unexpended funds. K. Reimbursement for Expenses The SubGrante: agrees that befo~e the County can distribute any CDBG funds to it, the SubGrantee must submit to the Cow1ty's Housing and Community Development Services Division documentation in the form required by that Division which properly and fully identifies the amount which the SubGrantee is requesting at that time. The County shall bave ten (I 0) working days to rl:\ iew :he request . Upon approval of the request, the County will distnbutc thr requested funds to the SubGrantec as soon as possible. L. Program Income All program income directly derived from the Arapahoe Co·.mty Community Development Block Gra.,t Program received by the SubGrantee wiil be retained by the SubGrantee and will be dispersed for i:s approved CDBG Project activities before additional CDBG funds are reques ted from the County. Following completion of the SubGrontee's Arapahoe County CDBG Projects, all program income directly generated ti-om the use ofCDBG funds will be remitted to the County. M. Real Property Real property acquired in whole or in part wid1 CDBG funds shall be utilized in accordance with the scope nnd goals identified in Sections I and II of this Agreement. Should the property in que.;tion be sold or otherwise disposed of, or the approved property usage discontinued, the SubGrantec shall adhere to the requirements of24 CFR Parts 84 or 85 (as applicable) regarding the use and disposition of real property. N. State und County Luw Compliance All responsibilities of the SubGrantce enumerated herein shell be subject to applicable State statutes and County ordinanc -s, resolutions, rules, and regulations . 0. Subcnntrnclli If subcc.mtracts nn, used on the Project , the SubGr.mtee nr.'l"ees that the provisions of this Agreement shall upply lo any subcontract. I'. Suspension or Tcrminnlion This Agreement may be immediately suspended or terminated upon written notification fro11 : the Cc,..mly if th e SubGrnnte.r. materially foils to comply with any tenn of this Agreement This Agrcc mc11t muy ulso be tcnninated for convenience hy mutual D!,~·cement of the County "'": the SubUrnnlcc. Q. ht the event that the Unit of General Local Clo,cmmcn : should withJraw the County's "Urban County" designation , this Agreement shall tcnninate as of the tenninatio n date of the Co:.mty's CDBG grnnt Agree ment with HI m. R. ·111c Sul>Grnmec certifies tha t to the best of its knowle dge and bel ief; 1. Nu Fedcrul apprnpriated funds have been pa ,d or will be paid, by or on beh alf of ii, to any person for influencing or attemptir.g to intlucnce an officer or employee of any agen cy, a Member of Congress, an officer or employee of Congrr.ss , or an employee of a Member of Conb'Tt:SS in conncclion witl1 the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the en tering into of any cooperative agrcc:ncn t, and the extension, continuation , n:newal, amendment, or modification of uny Fcdaal cont act, grant, loan, or cooperative agreement ; and, 2 . If any funds other than Federal approp1iated funds have been paid or will be paid lo nny person for influencing or attempting to influence on officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an t:r"ployee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative ngreemcnt, it will complete and suhmit Standard Forrn-LLL, "Disclosu re Fo rm to Report Lobbyi ni:," in acco rdance with its instructions . S. Disullow :m cc If it is :letetmincd by HUD or other federal agency that the expend iture, in whole or in part , for the SubGrantcc's Project or activity was improper, inappropriate or ir,digible for reimbursement, then the SubGrantee shall reimburse the County to the full extent ofU1e disallowance. T . Verification of Lawful Presence The SubGrantee shall be responsible for ensuring compliance with C.R.S . Sec tion 24-76 .5-103 by vc1ifying U,e lawful presence of all persons eighteen years of ago or older who apply for any benefits funded in whole or in part by the grant funds that are the subject of this Agreement. SubGrantce shall verify lawful presence in the manner required by the statute, and sh~II provide proof of compliance upon the request of the County. IV. RESPONSIBILITIES OF THE COUNTY A. Administrative Control 11,c Parties recogn ize and understand thnt the CoJl'ty will be th u gc,vemmental entity rC<!uired to execute all grant agreements received from HUD pursl!ll~I ta the County's requests for CDBG funds . Accordingly, the SubGrantee agree~ thnt as to its ~r •>jccts or activities performed or conducted under any CDBG agreement, the CoW',l'j •,h~II havr! th~ ~eccssary administrative control required to meet HUD requirements . B. Performance and Compliance Monitoring T'.: Count/s administmti ve obligations to the SubGrantee pursuant lo paragraph A above shall be limited to ~,e performance of the administrative tasks necessary to malce CDBG funds available to the SubGrantee and to provide Housing and Community Development Se:viccs staff whose job it will be tu mmtilor the various projects funded with CDBG monies to monitor compliance with npplicable Federal laws and regulations C. Reporting to ,auD The County will be responsible for seeing that all necessary reports and information required of the County arc filed with HUD and other applicable Federal agencies in a timely fashion . V. EXTENT OF THE AGREEMENT This agreement , including any docwnents attached as ellhibits which are hereby incorporated herein by reference, represents the entire and integrated agreement between the County, and SuliGrantec and supernedes all prior negotiations, representations or agreements, either written or oral. Any amendments to this agreement must be in writing and signed by both the County, and SubGrantee. If any portion of this agreement is found by a court of competent jurisdiction to be void and/or unenforceable, it is the intent of the parties that the remaining po11ions uf this egreemenl shall be of full force and effect. VI. NOTICES Notices lo be provided wider this Agreement shall be given in writing Rnd either delivered hy hand or deposited in the United States mail with sufficient postage to the addresses set forth: To the County : Arapahoe County Attorney S334 S. Prince Street Littleton, CO 80166 fil1l! Arnr·,i,oe County Housing and Co :1111111nity l)cvclopmcnl Servicr.s 169 !1 W. Littl•:lon Dlvd ., #300 Li lllct on, CO 80120-2069 To the SubGrontec: City of Englewood IOOO Eng lewood Parkway Englewood , CO S'J II 0 In Witness Whereof, the Parties have caused this Agreement to be duly executed this ______ day of ____________ ,,2011. SubGrantee: City of Englewood Signature James K. Woodward Mayor Title Board ol" County Commissioners Arapahoe County, Colorado Don Klemme on behalfof the Board ,,f County Commissioner~ Pursuant to Resolution #110143 PRO.rECT BUDGET COLUMN A COLUMNB COLUMNC COLUMN D l'rojuc:t /\cllvllieJ l?tdin:'llcd Toud Co,c or COIIG Fu11ds Other (fuucl1 Co1nmlt1ed f1p ec lf1 hy 11110 llc :n) Atllritf ·- r1ojo:1 Mln1i11is1mlic>n, in:h1rli11c $4~.200 Sll,000 SJl ,20:1 J1Cl'IIOlmcl com. Lead Dnsed 1':tinl lc,<;tintt CO!i !I, :mtl Enetgy Aurlil COS\s Grams ror Enc:rQY l?fflcle.,c:, Sl ◄U,(00 1111,000 m,ooo TOTAL: SU◄JOO $125 ,000 Jl9,200 -- ENERGY EFFICIENT ENGLEWOOD (E') Program Guidelines I. Purpose The Intent of the projecl is lo improve the energy and water efficiency of owner-occupied Englewood homes with a focus on items d1at are Energy Star rated and/or qullify far federal lax credits or any other state or local rebate programs if available, including !,ut not limited to applian ces, fu rnaces, water heaters, windows, doors, skylights, insulation, roofing, evaporative coaler~, i11sula1ed sid ing, et c. Gran! funds may be used lo correct Identified eminent hazards and/or other health anrl safely issues which are needed to ensure the energy efficiency of !he home. A maximum of $8,000 is granted per household and requires a 20% match from the homeowner. If the homeowner does not have the required match, then the grant will be secured by a dedi11ing Deed of Trusl recorded on the properly which will be forgiven over a 48-month period. II. Procedures 1. Leller wi6 application and Affidavit of Residency mailed lo homeowner requesting lnilnwlng documentation : • Income verification for all household members over 18 (e.g. two current wage stubs, current 1040 Income Tax forms , award letlers from Social Secu ri ty, VA, Worker's Compensation, 551 , OAP, etc .) • Bank statements for the previous two months. • Deed of Trust, Warranty Deed, Quit Cla im Deed showing current ownership • Current homeowner's insurance policy· showing coverage • Curre nt properly tax statement from Arapahoe County • Divorce papers verifying the amount of child support or alimony being received (if applicable) 2. Schedule interview with homeowner . 3. At interview obtain signed application, Affidavll of Residency, and driver's license for all persons 1 B and alder living in the home. Provide homeowner w ith "Renovate Right Important Lead Hazard Information" and obtain homeowner signature that booklet was received. If a malch is required and homeowner does not have funds for the match, offer homeowner a declining Deed of Trust recorded on the property which wiff be forgiven over a 48-month period. If a declining Deed of Trust is recorded against the properly, applicant shall be instructed to return any received rebates to !he City of Englewood . Reb~te iunds received by the City of Englewood shall be Program Income . 4 . Once income eligibility is determined, mail homeowner letter informing lhem of acceptance into the program . Direct lhem I·.· nbtain Xcel Ener1w Blower Door Audit. /,ud ,t may be reimbursed lo homeown ,,, or paid direc tly lo Xcel. Xcel invoice sh owinn auclll Is required for dlrecl paymenl. Xcei lnvv !ce showl11g ~udll and proof of paymenl hy hom~nwn~r ic; requirnrl for rnim! 11 -, ... ii ,H hn 1,':t:owner . 5. Contact Arapahoe County Wea(l ,.--,.4 .,\,:,,·, 1c-. delcrmine If applicant ha& received previous wP.athP.ri 1ation <P.rvlr P.< Mid ,. ,.,,, r.orreclen. If P.ligihle, refer applicant to Arapahoe County Wealherizatlon prollrain. 6. Conduct environmental assessment. 7. Energy Audit is used as a general guide for work lo be compleled lo rnake Ih a home rnore energy and wa1er emcient. 8. If an issue is discovered thal nJeds lo be re solved prior to providing Energy Efficiency services, such as bu1 not limhed 10, electrical hazards or plun,blng or roof leaks, funds may hP. 11sP.rl In r.om,r.t 1hr i<!IIP. h~forP. I'"' c.P.P.rling wilh ap:'lrovi>d work Hems . 9. 1-lomeowner sel ects company/individual to concuct work or purchase materials . Ccmpany nomc and/or individual name Is matched ag ainst the Federal Excluded Party List System lo insure eligibility to receive federal funds . This is completed before any work begins . Once cleared lhe homeowner is instructed to proceed and to ensure ap:::,ropr ,ate permits are oblained, if required, by lhe Englewood Building and Safety --Division .-·-.. _., · -· • · .... ·•· -·· •· •-·-· 10. Payment may be made either directly lo homeowner, upon receipt of paid invoices, or pa id 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 . 11 . llcms will meet or exceed energy standards set forth at www.energystar.gov. 1 l . Upnn r.omr,IP.tion r,/ ~II wnrk, final learf based clearance test is performed by a Lead Bit,(:(] Paint Ce, lified co11traclor. Lead-Based Paint Polley Applicants with properties constructed within the City of Englewood prior to 1978 will receive the booklet "Renovate Rl&hl". This booklet detalls Lead-Based paint hazards and WM! to expect from their contractor. At the back of the booklet Is a confirmation signature paae that the applicant must slsn stating that they have recel•ed a copy of the booklet. This signature page w/11 be r~talned In each appllcant's file. The Housing construction Specialist (HCS) will perform a lead-based paint evaluation prior to any work stanina. If lead-based paint Issues are found, the HCS will determine the requln'CI action• and estimate costs to determine whether the project is suitable for rehabffltation within the cor,stralnts of the Program . This Is required through the HUD regulations found In 24 CFR Part 35. All federal and state laws mu,t be followed. All documents pertalnlna to the evaluation, testing results and a,sessments will be retained In the applicant's fife. Language an app/fcatlon: LEAD-RASF. PAINT 'contractor certifies that only lead-free paint will be used. If It Is determined that lead-base paint exists In a hazardous form or location, Contractor/Owner must cover all areas involved with a lead-free paint . LEAD SAFE WORK PRACTICES On all work Items flaued as "Interim Controls" or as requiring "lead sole work practices", workers must use lead safe work practices per 24CFR 35,1350. These practices are represented In the "Lead Safety Field Gulde" (Lead Paint Safety: A Field Gulde for Painting, Home Maintenance, ,md Renovat!an Work) published by HUD-1779-LHC, March 2001 or any HUD-approved Lead Safe Work ?ractlces class. Work dlsturblns lead-based paint Is not considered complete until clearance, If required, 1, achieved. INTERIM CONTROLS All person, carrying ·iut activities flagged as 'Interim Controls" or as reqcired "lead safe work prar•lces" mus; either be supervised by an EPA abatement supervisor or pro•lde proof of completion of HUD• appro•ed worker training course In lead safe work practices prior to stan of work. Atlachmenl "C" To Sub-Recipient Agreement octwccn Arapahoe County Government And City of Englewood Project Number ENHS 1121 The Pcdcrnl Funding Acoountability and Transparency Act (FFATA.) requires the Office of Mnnncr.ment· anrl flurlge1 (0MB) to maintain n sinele, searchable website 11:,at contains information ou all Federal 8pemling awards . As par! o f lhis, Arapahoe County Housing and Com:nunily Development is requiring all agencies that meet the following thresholds to report: DUNS Number (required rciiardlcss of the sl,.c of ngcncy or award), _______ _ If your agency or organization: 1) hnd a gross income, from nil sources , over $300,000 in Agency's previm:s tax ycar,..Q! 2) yuu r ai;cucy ur organiwlion rcc~ivcs more than 80% o: unnual gross revenues from the Federal g?vernment and those revenues ore greater than S2.5 million annunlly , anrl J) Your agency or organization is receiving an award ofS25,000 or more, and 4) compensation information of your five top senior executives is not available to the general public; then you must provide the lotnl compensation and nnmes of your top fil'e executives below . l) N1n10. plcHe print Annual S1l1ry 2) N•me. plcHt print Annual Sal•r')' 3) Ntaine. pleart prlnl An111alS1larr 4) Name, pJcuc p:iut A1N1u•IS11lar,r 5) N ■me. please prlnl An1u1I Stltr)' D Please check this box if you do not meet nny of the thresholds noi od RhOl'c. I «rtiJJI tli•t lhtfo/ormtui1n rcponat in tfasJonn II;,, umpiiantt with ti~ Folse C.1•IMI ACI (U.S. Call C:.lltC1l011, tlflt 1/, Subtitlt Ill, Cl1optt r J1, .'i11bch•pror If/§ J1J9). I 1111dtrstt1nd that HJ' p,non .. ho lutt1i,lntly molcu o /dist or /ro11d 1duit t:lal,,, for pGymant or •pprow,t, ,,,.,,. /Jt Uab/110 t/11 U11JrH Smu Goter11m1111 for a C'l'li.l pom,lr, of 1101 lut 11,on ss,oao and 11otmor, th,n 110,000 p/1,s 11,n, (JJ tlmu 1111 l11Wu11t of 4111110fQ 111lllcll tht C-Wm!!!t!H ,,,r :In&. Slgn11turc: _____ .,.-___________ _ Vote: ~----------- Title: ____________ _ SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUUGRANTEE: CITY OF ENGLEWOOD PROJECT NAME : HOUSING REHABD.,IT ATION PROJECT NUJ\WER: ENRS 1122 This Agreement 1s made by and between the Board of Cou.,ty Commissior,c,s of the County of Arapahoe, Slale of Colorado, for the Community Development Block Grant Program in the Community RCSQurces Department (hereinafter referred to as the County) and the City of Englcw oc•~ (hereinafter referred lo as the SubGrantee) for the conduct of a Community Development Block Grant (CJJ t1G) Project. I, PURl'OSE The , .nary objective of Title I of the Housing and C9mmunity DevchJj>menl Act of 1974, as omended, and o: the Community Deveiopmc:11'. Block Grant (CDBG) Progrwn under :his Title is the development of viable urbon communities, by pro,,;r!ing decent housing, a suitable living environment and expanding economic opportunities, principally ';.: low and moderate income persons . The project by the SubGrantee known as the Housing Rehab ilitation Project (Projecl) has been categori7.ed as II Single Family Housing Rehab ilitation project and the SubGrantee will maintain documootation with the national objective of Low/Moderate Income Housing activities . The SubGrantee previously received CUBG funds for the Project 11nd is now receiving Program Income from the Project. The Counly agrees to allow SubGrantec to continue to use the Program Income received for the continuation of the Housing Rehabilitation Project. Il. WORK TO BE COMPLETED BY THE SUBGRANTEF. · ,"'1e following provisions outline the scope of the work to be completed : 1be ~ubGrantcc will use Program Income to provide low interest loans and/or grants to income eligible homeowners for health ond safety related home improvements . Typical improvements may include (but are not necessarily limited to) plumbing, electrical systems , roofs , and HY AC work. It is expressly agreed and understood that the total amount to be paid by the County under this contract shail not exceed S0 .O0. Payment of eligible expenses shall be made against the line item budgeL~ specified in the Project Budget and in accnrdancc with performance criteria established in Section II-C . The parties expressly recognize U1at the SubGrantcc is to reuse Program Income funds scncral<>d frc.•n previous years CDBG rehab loan activities, and that ii is at the discretion of the County to allow reuse . ~1 addilio1., reuse is contingent upon receipt of such funds . L, the event that suirt fl,,,ds, or any pnn th"ftt>f, are, or her.nine, unavailable, then the County may immediately tcnninotc or amend Utis agrecmcnL To the extent C.R.S. § 29-1-110 is applicable, any financial obligation of the County to the SubGrantee beyond the current fiscal year is also contingent upon adequate funds being appropriated, budgeted and uthc,wisc available. B. Timclinc All Project activities will be completed by A1>ril 30, 2012 unless this Agreement is modi:1cd by mutual agreement of the County and SubOrantee. C. l'crfor11111ncc Criteria In accordance with U,c funding application submitted by the SubGrantec for Lhe Project, the critciin listed below arc to be met duling the execution o:'the Project. 1 . Quanti!iuble Goals : 171c SubGrantee will provide four or more home improvement loans or grants to in~ome eligible Englewood homeowners . All improvements funded under this grant are to be perfo:med in complinnce with applicab le locul or industry codes and standards . 2. Community lmpoct : Affordable housing-stability and housing quality 3 . Quarterly Pcrfonnanc.1 Standards: September 30, 2011 : Market program, interview potential clients October 31 2011 : Provide one (I) rehabilitation loan/grnnt Monthly Draw and R~-porting Due by 20th November 30, 2011: Monthly Draw and Rcpo1ting Due by 20th Decemb,~ 31, 2C, 1 · Provitlc one (I) rehabilitation loan/grant Monthly Draw and \~eporting Due by 20th January J t. 2012: Provide one (I) rehabilitation loan/grant Monthly Draw and Reporting Due by 20th February 29. 2012: Monthly Draw anti Reporting Due by 20th Mmh,_31. 2012 : Provide one (I) rehabi litation loan/grant Monthly Draw and Reporting Due by 20th April 30. 2012 : Provide services to meet cumulative grant year goal of 4 households served Complete all renovations fund ed by project Submit final drawdown and completion report to County D. Reporting Require .. :nts 1. Project repo1ts w I be due by the 2011, of U1, "ollowing monlh until U1 e Project is compltJctl . 2. The official annual audit and/or Financial Statements for the SubGrantec in which both revenues 11ml e~pcnc.lilurc:; for the COBO Projeclll described hi:rein Ille delllilcd arc due annually. E. Lobor Standards (Davis-Bacon) Projecl activities do not require compliance with federal labor standards (Davis-Bacon) as it is exempt (i .e., public service activity, single family home rehabilitation, purchase of materials, or other activity that has been determined exempt from federal labor standards). F. Lead Boscd Point Regulations If the activity involves a.,y construction, demolition, rehabilitation, or any activity ,~lated to a building, and the building was built in 1978 or prior, Lead Based Paint Laws and Regulat ions apply, as established in 24 CFR Parts 35 and 570 .608 . If the SubGrantce does not follow and document I.cad Ra.qed Painl Law s and Regulation r.ompliance, the SubC11"antee will not be elijlible for reimbursement The '"Prolecl Your Family from Lead in Your Home"' pamphlet is to be provided lo all homeowners, regardless of age of housing. Verification of notification is to be maintained in chent files . G. Environn1ental Ravfow Notwilhstanding any provision of thi, Agret:me,1t, the partie., hereto agree and ocknowle<ige that this Agreement docs not constitute a commiunent of funds or site approval, a:id ·.hat such ·conunitment •1f funds or approvul mr.y occur only upon satisfactory completion of 1,1wironmental review and receipt hy Arapahoe County of a release of funds from the U.S . Department of Housing und Urban Development under 24 CFR Part 58. 'l11e pr.1tics lilrther ugroc llrnl lhe provision of any funds to the project is conditio11ed 011 Arupahoc County's detem:ination to proceed with, modify, or cunccl the project iased on •.he r=lts of a subsequent environmental review. II. Unifo "m Rclocntlon Act (URA) I: has been clt:lunnim:cJ th11t no action unuc, lhc Uniform Relocoti un Act (URA) is nccc.~sary . m. RESl'ONSIBILITIES OFTHESUBGRANTEE A. J''cdcral Complinncc The SubGranleo shall comply wi1h nil npplicuble federal laws, rCb'lllalions and requirements, und all provisions of the grant agreements received from lhc U.S. Depa.-uncm of Housing nnd Urban Development (HUD) by the County. These include but :ire not limi tt:d lo compliance with the provisions of :he Housing and Community nevclopmcnt Act of 1974 and all rules, ,egulalions, b~•idelines and cire.abrs proninlented hy the various fr.der~I' clepn11m~nts, nsmcif'.S, ar.ministnitinns und cornmis~iuus relating tu the COBO Progrum. A listing of some of U,e applicable laws and regulations arc a~ follows: l . 24 CFR Part 570; 2. 24 CFR Parts 84 1111d 85; 3. Tille VI of the Civil Rights Act of 1964; 4. Title VIIl ofthc Civil Rights Act of 1968; 5. Sections I 04(b) and IW of the Housing and CommLsity Development Act of 1974; 6. Fair housing rcgula\ions established in the Fair Housing Aet, Public Law 90-284, and Executive Order 11063; , 7. Section 504 ofth~ Rehabilitation Act of 1973; 8. Asbestos guidelines established in :;po Notice 90-44; 9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Pw1 39; I 0. Equal employment opportunity and minority ':lusiness enterprise regulations established in 24 CFR part 570 .904; 11. Section 3 uflht: Housinglllld Urba., Development Act of 1968 ; 12 . Non-discrimination in employment , established by F.xecutive Order 11.246 ; 13 . Lead BIISt:d Paint regulations established irl 24 CFR Parts 35 lllld 570 .608; 14. Audit requirements established in 0MB Circulnr A-113; and 15 . Cost principles established in 0MB Circulw'S A-87 and A-122 . 16. Conflict of Interest: 4 (a) Applicability. In the procurement of property and services by paruc1paung jurisdiction, Suite .recipients, and subrecipients, the conflict of interest provision in 24 CFR 85 .36 and 24 . .CFR 84.42 , respectively, apply. In all cases not governed by 24 CFR 8S :36 arid 24 CFR 84 .42, the provisions of this section apply . (b) Conflicts prohibited.·'No persons descrfaed in paragraph (c) of this seclion who exercise or who have exercised any functions or respons ibilities with re.,;pect to activites assisted with CDBG funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a CDBG-assistcd activity, or have ar, interest in any contract, subcontract or agreement with respect thereto, or the proceeds there under, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. (c) Persons covered . Jhe conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer or elected official or appointed official of the participating jurisdiction, State recipient, or subrecipient which are receiving CDBG funds . (d} Excep!ions : Threshold requirements . Upon the written request of the participating jurisdiction, HUD may grant an exception to the provisions of paragraph (b) of this section on a case-by-case basis when it determines that . the exception will !ICl'Ve to further the purpose of the CDBG lnvesbnent Partnership Program and the effective and efficient administration of the participa:ing jurisdiction's program or project. An exception mny be considered only after the participating jurisdiction has provided the following : (I) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public cisclosure of the conflict and a description of how the public disclosure was mnde; nnd (2) An opinion of the· participating jurisdiction's or State recipient's attorney that the interest for which the exemption is sought would not violate State or local law . (e) Facto111 to be considered for c:otemption . In detcrmini.ig whether to grnnt n requested exception alter the participating juri_sdiction has satisfactorily met the requirements of paragraph (d) of this section, HUD will consider the cumulative effect of the following factors, where applicable : (!) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise ~ot be available; (2) W:,ether the perso~ affected is a member of a group or class of low income pe:sons intended to be the beneficiaries of the assisted activity and the exception will pennit such person to receive generally the same interests or beneiits as are being made available or provided to the group or class ; (3) Whether the affected person has withdrawn from his or her functions or rcsponsibiiities, or the decision making process with respect to the specific assisted activity in question; (4) Whether the interest or benefit was present before the affected person was in a po~ition as described in paragraph (c) of this section; s (5) Whether undue hardship will result either to the participatingjutisdiction or U,e person affected when weighed against the public interest served by avoiding the prohibited conflict; and (6) Any.otherreleyant considerations . (() Owners and Developers. (1) No ownrs, d,wr.lopr.r or sponRor of a project assisted with CDBG funds (or officer, employee, agent , elected o, appointed official or consul tnnt of Uie owner, developer or sponsor) whether privat~. for-prolil or non-prnfil (includi,,~ a community housing development organization (CHDO) when acting ,t owner, developer or sponsor) may occupy a CDBG-assisled affordable housing unit in a project. This provision docs not apply to an individual who receives CDBG funds to acquire or rehabilitate his or her principal residence or to an employ"" or agent of the owner or developer of o rental housing project who occupk . a housing unit as !he project manager or maintenance worker. (2) Exceptions . Upon w1it1cn request of a :10using owner or developer, the pruticipating jurisdiction (or State recipient, if authorized by U,e State participating juriNdi ctiou) may grunt an exception to the provisions of paragraph (f) (I) of this section on a casc-hy-case ha.~is when ii ctetcm,ines that the exception will serve to further the purpose of the CDBG pmgram and the effective and efficient administration of the owner 's or developer's CDBG · -assisted project . In dctcnnining whethc: to gr1111t a requested exception, the participating jurisdiction shall consider the following fact01;: (i)Whether the person receiving the benefit is a mcmb1.-r of n group or class oflow-income persons intended lo be the beneficiaries of the assisted housing, and the exception will permit such persrn to receive generally U1e swne interests or benefits as arc being made available or provide lo the group or class ; (ii)Whether the person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assiSlt'.d housing in question; (iii) Whether the tenant protection requirements of Sec . 92 253 are being obsc.--ved; (iv) Whether the affirmative marketing requirement, of Sec. 92.3 51 arc being observed and followed; a.~d (v) Any other factor ·relevant lo the participating ju1isdiction's dctcnninatiou, including the tim,ng of the rcqucs,ed cxccptio1:. Additionally, in accordance with 24 CFR Part 570, no employee, official, agent or oonsultant of the SubClrantee shall exercise any function or responsibility in which a conflict of interest, real or apparent, would ariau. 17. The SubGrantee c.1:11101 engage in a federally funded contract with any entity registered in the Lists of Parties Exduded From Federal Procureinent Qr Nonprocurement Programs. 6 B. . . Non-Appropriations ~l•~~e : The SubGrantee agrees that it ,:will 'in.elude in every contract it enters, which relies upon CDBG monies. for funding, a non-appropna~on clause that will protect itself, and the Cotmty from any liability or responsibility or any ·suit which might result from the discontinuance of COBO funding for any reason. Because this SubGrantee Agreement involves funds from a federal grant, to the extent there is a conflict the funding provisions of this SubGrantee Agree-men!, the federal grant and the federal statutes control rather than the provisions of Section 24-91-103 .6, C.R.S . with regard to any public work projects C. Expendltul'e Rc.,rri ctlons All CDBG funds that are 1',pproved by HUD for expenditure under the County's grant agreement, including those that are identified for the SubGraotee's Projects and activities; shall be allocated to the speci,ic p~jects and activities descn'bed and listed in the grant agriemcnts. The allocated funds shall be used and expended only for the projects and activities for which the funds are identified. D. Agreement Changes No projcct:l or activities, nor the amount allocated therefore, may be changed without lll=Proval by the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if required. Changes must be requested in writing and may not begin until a modification to this Agreement is fully executed. · E. Direct Project Supervision and Admlnlstrntion The SubGrantee shall be res,,;oru;ible for the direct supervision and administration of its respective projects or activities. This task sh.II be accomplished through the use of the SubGrantee's staff, agency and employees . The SubGrmtee shall be responsible for any injury to persons or damage to property resulting from the neglig,,ot acts or errors and omissions of its staff, agents and employees. Because the SubGrant~e is responsibl:, for the direct supervision and administration of its projects or activities, ihe County shall not be liable o.r responsibl~ for cost overruns by the SubGrantee on any projects or activities. TI1e County ~hall have no duty or obligation to provic.le w1y' udditioual fundin1.; to tlie SubGrantee if its projcc-ts or activities cannot be completed with the funds allocated by ll)e County to the Sui,Grantee. Any cost overruns shall be the sole responsibility of the SubGrantee. 1. The SubGrantee agrees that all funds allocated to it for approved projects or attivirics .shall be used solely for the purposes approved by the County. Said funds shall not be used for eny non-approv.J purposes. 2. The SubGrantee ag":ees that the funds at:ocated for any approved projects or activities shall be sufficient to complete said projects or activities without any additionnl CDBG funding . 7 11, Indemnity To the extent allowed by law, the SubGranlee shall indemnify and hold harmless the County and its dccted and a11poin,cd officials, officers, employees and agents from and against any and all losses, damages, liabilities, claims, suils, actions or costs, inclucling attorneys fees, mode, asserted or incurred as a result of any damage or ullegetl dumage to person or property occasioned by the acts or omi ssions nf SuhGrar.'ee, its officers, employcc.s, agents, contractors or subcontractors , mi sing oul uf or in any way coo.r •.:.eled with the rrojccl or the pcrformunce of this conlracl. G. Bonding nncJ ln~urnucu 1:"the SubGrantee's projects involve ::onstrucli on aclivitir:s , any C'.ontrnctor ii ILSCR for suid activities shall be requ ired lo provide and maintain, uutil final acceptance by the Su:iG rnntcc of all work by such Conlnctor, the kinds and minimum amounts of insurance as follows : 1. Comprehensive General Liability: In the amount of not less than S 1,000,000 combined single limit. Cover.,ge lo include : a. Premises Opcralions b. Products/Completed Operations c. Broad Fonn Cont:nclUal l.iabi:ily d. lndependcnl Contracton; e . Broad Form Property Dan,age f . Employees as Additional Insured g. Personal Injury h . Arapahoe County and the SubGrantce as Additional Named Insured i. Wniver of Subrogation 2. Comprchen: 've Automobile Liability: In the amount of ml le.ss than SI ,000,000 combined single limit for bodily injury ltild p1vporly damage . Coverage to include : a. Arapahoe County and the SubGrantee as additional Named Insured b. W11ivor of Subrogation 3. Employers L:ability and Workers Compcnsution : The Contractor shall secure and maintain employe1's I iabilily and Worker's Compensation Insurance that will protect it ugainsl any and all claims resuhir.g from injuries lo and death of workers engaged in work under any contrucl funded pursuant to this agreerncnl. Coverage to include W aivcr of Subrogati on . 4. All referenced insurance policies and/or c.enificatr.s of insurance shall be subject to the following stipulations : a. Underwriters shall have no r.ghls of recovery subrogation against Arapahoe Counly or the SubOrantee; ii being the intent of the parties that the insurance policies so effected shall protect the parties and be primary coverage for any and all !osses covered by lhe described insurance. 8 b. The clause entitled "Other Insurance Provisions" contained in any policy including Arapahoe County as an additional named insurec shall not apply to Arapahoe County, or .he SubGrantee. c. The insurance companies issuing the policy or policies sbaU have no recourse against Arapahoe County, or the SubG:-antee for payment of any premiums due or for any assessments under any form of any policy . d. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 5. Certificate of Insurance : The Contractor shall not commence work under any contract funded pursuant to this Agreement until he has submitted to the SubGrant~, received approval thereof, certificates of insurance showing that he has complied with the foregoing insurance requirements . The SubGrantee shall also submit a copy of the Contractor's c~rtificates of insurance to the County. 6. Notwithstanding lhe provisions contained in this paragraph (H) set forth hereinahove, lhe County reserves the righ t to modify or waive said provisions for projects or activities for which these provisions would prove prohibitive . The SubGrantcc understands, however, that the decision to waive or modify those provisions is fully within the discretion of the County. lri accordance v..ith 24 CFR parts 84 and 85, the following bonding requirements shall apply to all pro." ects exceeding the simplified acquisition threshold (currently$ 100,000): 1. A bid gull!!llltee from each bidder equivalent to 5% of the bid price; 2. A performance bond on the part of the contractor for I 00% of the contract price; and 3. A payment bond on the part of the contractor for 100% of the contract price . H. Reco~d~ The SubGrantee shall ma:ntain a complete set of books 1tnd rer.ords dora1menting it~ use of CDBG funds and its supervis ion and a·!ministration of the Project. Records are to include documentation verifying Proj ect eligibiEty and national objective compliance , as well as finaucial and other administrative aspects invo '.ved in performing the Project. The SubGrantee shall provide full access to these books and records lo the County, the St:erclary uf HJD Ol' his des igncc, the Office of in.,--pevtor General , and the General Accounting Office so that compliance with Federal laws and reg11lalions may be confirmed . The S1 ,Grantee further agrees to provide to the County upon re;iuest , a copy of any audit rep orts pertai ning to the SubGrantee's fi r •.,cial operations during lhe term of tl1is Agreanent. All records pertaining to the Project are to be maintained for a minimum of five years following close-out of the Proj(;Ct. I. Reporting 9 The SubG,anlcc shall file nil reports and other infonnalion necessury to comply with applicable Federal la,,~ and regulations as required by U1c County i111d HUD . TI1is !hall include providing lo the County II ,~ infonnatior. nece3~ary to comp:ete aMual Perfonnance Reports in a timely fashion . ,I. Timrlino:~s The SubGmnlt:e shall comp :y with '.he monthly pcrfom1ance st andards c~lahli sh.-1 in Se.r.lion 11-C of this Agreeme11l. Tho SubGranlcc undet~tands that failure 10 comply with lhc esta blished s1 nndards may lead to o cunccll alion of the Projccl and a loss of all une xpend ed litnds. JC Reimbursement for Expenses The SubGrantce a1,'l'ecs that before the County can distribute any CD3G funds to ii, the SubGnmlee must submit tn the County's Housing and Community Development Services Division ducum •nluliun in lho runu rc:quirud by L'iat Division which properly and fully id~ntifics the amount which th ~ SubGrantee is requesti ng al lh >.I ti me. The County shall have len (10) work ing days to review the request. Upo~ approval of the request, the County will distribute lhe requcsh:d funds lo the SubGnmlee as soon us µossihle . I,, l'roi:rnm Income All program income directly derived fi .:>m tl1e Ar~pahoe County Community 1Jevclo p1:ient !:!lock Grant Program received by the SubGrantee will be retained by the SuhGrantce and will be dispersed for its approved CDBG Project activities before additional CDBG f-.mds are requested from I.he C'.,ounty. Following completion oflhe SubGrantee's Arapahoe County CDBG Projects , all program i11cu111e uireclly genentlcd frum the use ofCDBG funds will be remitted to the County. M . Real Property Real property acquired in whole or in part wilh COBO funi:s sh ull ·,c utili zed in acco rdance with the scope and goals identified in Sections I and II of this Agreement. Should the property in question be sold or otherwise disposed of, or llic approved prop1,-rty usage disconti11ucd, the SubGranlee shall adhere to the requirements of24 CFR Parts 84 or 85 (as applicable) reg11rdin g lhe use and disposition of real pro pert y. l'\. Stnte nnd County Lnw Complinncc All responsibilities of •' ,e SubGrantee enumcralcd herein shall be subject to applicnble Slate ,;1a1ut~ and Cou nty ordinances, resolutions, rules, and rci,•tl'alions . O. SubcontracL~ If subconb·acls arc used on U1e Project, the SubCJnmtee agrees Ulat the provisions of this Agreement shall apply IO any subcontract. 10 P. Suspension or Termination This Agreement may be immediately suspended or terminated upon written notification from the County if the SubGrantee materially fails to comply with any tam of this Agreement. This Agreement may also be terminatt.d foe rnnvenience by mutual agreement of :he County and the SubGrantee. Q. In the event that the Unit of Gooeral Local Government should withdraw from the County's "Urban County" designation, U1is Agreement shall terminate as of the tennination date of the County's CDBG grant Agreement with HUD . · n. The SubGranlee certifies that to the best of its knowledge and belief: I. No Federal .1ppropriated funus ha ,,e been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooper~ti vc agret.menl, w,u the exlerudon, continuation, renewal, amendment, or modification of any Ft.dcral contract, grant, loan, or cooperative agreement; and, 2. If any funds other than Federal appropriatt.d funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress , or an employee of R Memher of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LIL, "Disclosure Fonn to Repon Lobbying," in accordance with its instructions . S. Dlsalluwunce If it is determined by : IUD or other federal agency that the expenditure, in whole or in part, for the SubGrantee's Project or activity was improper, inappropriate or im,ligible for reimbursement, then the SubGrantee shall reimburse the County to the full extent of the d.isallow11J1ce. T. Verification of Lawful Presence The SubGrantee shall be responsible for ensuring compliance with C.R.S Section 24-76 .5-103 by verifying the lawful presence of all persons eighteen years of a1le or older who apply for any benefits funded in whole or in part by the grant funds that are the subject of this Agreement. SubGrantee shall verify lawful presence in the manner required by tl1c statute, and : hall provide proof of compliance upon the reques: ,,fthe County. IV. RESPONSIBILlTlliS OF THE COUNTY ll A, /\d111ini•trntivc Control The P!tttics recognize and linrlerstand that tl1e County will he the governmental entity required to "'"""le ull grunl ogrecmc:1ts received from HUD purs~anl lo the Cou:1ty1s requests for COBO funds. Accordingly, lhe SubGranlee agrees thal ru; to ilS projects or activities perf01med or conducted ur.dcr any CDDG Ub'l'Ccmcnl, the County shull hove lhc necessary ndministrolive control required to mccl HUD requirements . H. l'et·formonce and Cumplinnce Mnnit.oring ihc County's administrative obligations to the SubGrantce pt:rsuant to paragraph A above shull bi:: limited to the performance of the administrative tasks necessary to m•ke CDBG funds nvailablc to the SubGrnntee and to p:ovidc Housing and Communi ty Development Services stnff whose job it will be to monitor the •:arious projects funded with COBO monies to :nonitor r.omplianc.e with applica':lle Federal luws and regulations. C . Reporting tn HUD The County will be responsible for seeing that all n=.saryrcports ond information required of the County are filed with HUD and other applicable Federal agencie~ in a timely fash,m:. \I. EXTENT OF THE AGREEMENT This agreement, including any documenl~ attached HS cxhibilS which are hereby incorporated hcrc:n by reference, represcnlS the entire and integrated agrcc:1wnl between the County, and SubGranlee and supersedes all prior negotiations, representations or agreements, either written or oral . Any amendments to this agreement must be in writing and sisned by both U,e County, and SubGrar.tee. If any portion of this agreement is found by a court of competent jurisdiction to be void and/or unenforceable, it is the intent of the parties that the remaining portions of this agreement shall he of full force and effect . VI. NOTICES Notices lo be provided under this Agreement shall be g;vcn in w1iting w1d either delivered by hand or deposited in the United States tr.ail with sufficient postngc lo 1hr. addressc.s set fm1h: To the Cou11ly : Arn;,ahoe County Atto,.,cy 5334 S. Prince Street Littleton, CO 80166 and Arapahoe County Housing and Community Development Services 1690 W. Littleton Blvd ., #300 Littleton , CO ROl20-2069 1 2 To the SubGrantee : City of Englewood 1000 Englewood Parkway Englewood , CO 801 JO 13 In Witness Wluwcof, lhc Pmtics !:ave caused U11s Agreement lo be duly executed this ______ day or _______ _ __ __,2011. SubGramee: City or Englewood Signulure James K. Woodward Mayor Tille Board of County Commiis.sioners Arnpahoc County, ColoruJo Don KJcmme on behalf of the Board of County Commiis.sioners Pursuant to Resolution #110143 14 PROJECT mmGrr.T COLUMN A COLUMNll COLUMNC COLUMN D l'rnjeclAdiv.oes l!:suma,ecs ·1·111i Con or COOGP•mls OU1u l'ancls C1111unllltll (Jfl r.dly h)' lh1c Item) Acllvil)' ltch:ih ,u.h11i11i111m1io11 SS0,000 ss,:ioo ~).000 rmjc:cl Hdi.1h expenses s·,o,ouu $~5,000 S'U,000 TOTAi.: Sl20,00U $50,000 $10,000 COUNCIL COMMUNICATION Date Agenda Item Subject: October 3, 2011 11 a ix Intergovernmental Ar,eements between the City an •. \rapahoe County INITIATED BY: Community Development Dept. I STAFF SOURCE: Janel Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council passed Ordinance No. 22, Series of 2009 r-,la ti1111 lo ,i ,e participation in lhe Urban County Entitlement Program for CDBG and HOME funds for fiscal years 2010 through 2012; and also passed Resolution No. 79, Series of 2010 supporting the subm 'ssion of applications for 2011 CDBG funding. RECOMMENDED ACTION Approve a Bill for an Ordinance authorizing the execution of two Intergovernmental Subgrar.tee Agre~ments between the Arapahoe Board of County Commissioners and the City of Englewood for the 2011 Ara~ ~hoe County Community Development Block Grana Program. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Federal Community Development Block Grant (CDBG) Program provides grants to units or lo-,al i;overnment and urban counties to meet housing and community development needs. The obje . ,,ve of the Program Is achieved through pruj-,..:Ls developed by the local government that are des'~:o ed to give priority to those activities that benefit low• and moderate-income families . Funds are alivcated by statutory formula to each entitlement area. Arapahoe County is an approved entitlement area . The grant funds are d istributed b y A,.,pahoe Countv to each participating city within the countv. For FY201 l , funds were approved to support the following projects: $125,000 $0 for the fnergy Efficient Fnglewood (E3) project to provide matching grants to fourteen low to moderate income homeowner5 for energy efficiency interior and exterior home improvements; and, for the Housing Rehabilitation project to provide IGw interest loans and/or grants to income eligrble homeowners for health and safety related home improvements using Program Income rece ived previously for 1he project An addit:onal $2:;,ooo of the City's allocation of CDBG funds was approved by Arapahoe Cour,ty to support the House of Hope Staffing project. It was requested that Arapahoe County contract directly with Family Tree for the administration of the project. FINANOAL IMPACT The existing employees in Community Development are availahle to administer the projects and their salaries and benP.fits are part of the Cily's conlrib•ilion The City will utilize a portion of the CDBG funding from :he E3 Project ( est. $ I 0,000) to pa;tially offset the costs of those salaries and benefils. LIST OF ATTACHMENTS Bill for an Ordinance.