HomeMy WebLinkAbout2009 Ordinance No. 021•
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ORDINANCE NO .~
SERJES OF 2009
BY AUT HORITY
COUNCIL BILL NO . 22
INTRODUCED BY COUNCIL
MEMBER WILS ON
AN ORDINANCE APPROVING AND AlITHORIZING THE EXE(;UT ION OF THREE
INTERGOVERNMENTAL SUBGRANTEE AGREE MEN TS (CDBG) FOR THE YEAR 2009
BETWEEN THE ARAPAHOE BOARD OF COUNTY COMM ISS IONERS AND THE CITY OF
ENGLEWOOD, COLORADO.
WHEREA S, th e City Co unci l of the City of Englewood ap proved th e execution of an
Intergovernmental Agreement between th e City of Englew oo d and Arapah oe Co unty by passage
of Ordinance No. 13, Serie s of 2006, covering the Ci ty's participation in the Arapah oe aunty
CDBG Entitlcm eut Program for funding years 200 7 through 2009 ; and
WHEREAS, the Englewood Ci ty Council passed Reso luti on 71, Series of 2008, supporting
Housing and Commwtity Deve lopment that auth orized submitting an application for 2009 CDBG
fundin g; and
WHEREAS, the project by the City ofEnglewood known as the "Homeowner Fix-Up
Project" has been categorized as a housing rehabilitation proj ect for low-income owner-occ upied
homes within designated neighborhoods in the Ci ty ; and
WHEREAS, the proj ect by th e Ci ty of Englewood kno wn as the "Northwest Eng lewood
Sidewalk Project Phase II " has been categorized as a publi c infrastructure project, that wi ll
install approx imatel y 4 bl ocks of sid ewalk in th e northwest Eng lewood res identi al area along th e
east side of South Z uni Street from West Evans so uth to West Caspian Ave nu e; and
WHEREAS , th e project for th e House of Hope Proj ect ha s bee n categorized as a pub li c
service activi ty to ass ist wi th staffing for employees .
NOW, TIIBREFORE, BE IT ORD AINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, THAT :
Secti on I. The Subgrantee Agreement fo r the 2009 Arapahoe Co unty Community
Development Bl oc k Grant-Homeo wner Fi x-Up Proj ect, attached he ·eto as Exhibit A, is hereby
accepted and approved by th e Englewood Ci ty Co unci l.
Sect ion 2. The Sub grant ee Agreement for the 2009 Arnpahoe Co unt y Community
Deve lopment Bl ock Grant -Northw es t Engl ewood Sidewalk Project Phase II, attached hereb y as
Exhib it 8, is hereby accepted and approved by the Englewood City Counci l.
Section 3. The Sub grantee Agreement for 2009 Arapahoe Co unty Community Development
Bl ock Grant -House of Hope Project, attac hed hereto as Exhib it C, is hereby accepted and
approved by the Englewood City Co uncil.
Section 4. Pu rsuan t lo Article V, Section 40 , of th e Englewood Home Ruic Charter, the Ci1y •
Council has detenni ned that Exhibits A, Rand C, at tached to thi s Ordi nance, shall not be
pu bli shed because of their size. Co pi es urc availab le in the Office of th e Eng lewood City Clerk .
Section 5. The Mayo r and City Clerk are hereby authorized to sign and at test said
Agreeme nt s fo r and on behalf of th e Cit y of Englewoo d, Co lorado.
Section 6. The Ci ty Manager shall be authorized to furthe r ex tend the subgnmtee agreemen ts
for tl1 e 2009 Arapahoe Co unty Co mmunit y Development Bl ock Grant Progra m as needed.
Introduced , read in full , an d pa ss ed on first reading on th e 18th day of May, 2009.
Publi shed as a Bill for an Ord inance in th e Ci ty's official news pap er on the 22nd day of Ma y,
2009.
Publi shed as a Bill fo r an Ordinance on th e Ci ty's official website beginning on th e 20th day of
May, 2009 for thirty (30) days .
Read by title and passed on final reading on the I" day of June, 2009.
Published by title in the City's official newspaper as Ordinance No.,2l Series of 2009 , on
the 5th da y of Jun e, 2009 .
I, Loucrishia A. Ellis, Cit y Clerk of th e City of Englewood, Co lora do, hereby ce rti fy that tl1e
above and foregoing is~ tJ"e copy of the Ordinance passed on fi na l reading and publ ished by
,ihOroi-oNo.,scS.;o,'>009 ~§
Loucrishi a A. Elli s
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UBGRANTEE AGREEMENT FOR
ARAPAHOE COUNTY
COMMUNITY DEVELOPME T BLOCK GRANT FUNDS
SU BGRANTEE: C ITY OF ENGLEWOOD
PROJECT NAME: HOMEOWNER FIX-UP
PROJ ECT NUMBER: ENHS 911
Thi s Agreem ent is made by and between the Board of County Co mm issioners of the Co unty of AJl)ah oe,
Stale of Co lorad o, fo r tl1 e Co mmun ity Developme,nl Blo ck Gra nt Program in tl1 e Community Roources
Dep artment (h ereinafter referred lo as th e Co un ty) &:id the City of Englewood (hereinafter referred U as th e
SubGrantee) for the co ndu ct of a Community Dev elopment Block Grant (CDB G) Project.
I. PURPOSE
The primary objecti ve of Title I of the Housing and Community Develo pment Act of 1974, as anended ,
and of the Community Devel opment Bl ock Grant (CD:30) Program under this Title is the developnent of
viable urban communities, by providing decent housing, a suitable living environment and ex pan ding
economic opportunities , principally for low and mod erate in come persons.
The project by the SubGran\ee known as the Homeown er Fix -Up Project (Project) has been categcrized as
a Housin g Reh abilita tion proj ect and the SubGrantee will maintain documentation with the national
objec tive of Low/Moderate In come Housing activities.
The SubGrantee may proceed to incur cos ts for the Proj ect upon recei pt of an official "Notice to Proceed "
from the Co unt y.
II. WORK TO BE COMPLETED BY THE SUBGRANT EE
The following provi sions outline th e scope of th e work to be comp le.ted :
The Sub G;antee w,U utili ze CDBG funding to provide grants to incom e el igible homeowners for exterior
home impro vements . The int ent of th e project is both Iv improve Englewood's existing housing stock, as
well as impro ve th e visual appearance of det eiiorated neighborhoods. Typ ical improvements may include
(but are not necess aril y li mited to) pain~ si din g, windows, roofs . and xetisca ping .
A. Payment
II is ex pressly agreed and understood th at th e total amount to be paid by the County under this
contract shall not exceed $65,000 . Draw downs fo r the payment of eligible expenses shall be made
against the line it em budgets specified in the Proj ect Budget and in acco rdance with perform ance
criteria established in Secti on 11-C. The parties expressly recognize tl1at the SubGrantee is to be
paid with COBO fund s received from tl1e federal gov enunent , and that th e obligation of the County
to make payment to SubGrantee is co ntin gen t upon receipt of such fu nd s. Ir. the event Umt said
funds, or any part tl1ereof, are , or become, unavailable, th en the County may immediately termi nate
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or, amend thi s agreement. To the extent C.R.S. § 29-1-1 IO is appli ca ble, any finan cial ob ligation of
the County to the SubGrantee beyond the current fiscal year is also conti ngent upon adequate funds •
being appropriated, budgeted and otherwise available .
Upon expiration of th is Agreement, as identified by the dead lin e in Section II. C. 3. be low , the
SubGrantee shall tra nsfer to th e Co unty any CDBG fo nd s on hand at the time of expiration and
any acco un ts receivable attr ibu ta ble to the use of CDBG funds . TI1ese transferred fund s shall
revert lo the Co unty and be utilized for other purposes.
B. Timclinc
All Project activiti es will be completed by May 31, 2010 unl ess this Agreement is modified by
mutu al agreement of the County and SubGrJntee .
C. Performance Criteria
In accordance with the funding application submitted by the SubGrantee for the Pmjee~ the criteria
listed below are to be met during the ~ecution of th e Project.
l . Quantifiable Goals :
The SubGrantee will provide grar.ts to renovate the exterior of fifteen (15) owner
occupied homes to income eligible Englewood homeowners . Grants are not to exceed
$4,000 each, and will require a 20% match from each homeowner. •
All improvements fundecl und er tl1i s grant are lo be performed in compliance with
app licable lo ca l or ind ustry codes and standards.
2. Co mmunity Impac t:
Affordable hou sing -sta bili ty and hou sing quality
3. Quarterly Performance Stand ards:
Jun e 30. 2009 :
No requirements established .
September 30 2009:
Market program , interview po tenti al clients
December 31 2009:
Continue to market program , intervi ew potential clients
Provide four r 4) renovation grants
March 3 I 2010:
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SU BGRANTEE AGREEM.E T FOR
ARAPAHOE CO NTY
COMl\lfUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: CITY OF ENGLEWOOD
PROJECT NAME: HOMEOWNER FIX -U P
PROJECT NUMBER: ENHS 9 l I
This Agreement is made by and between the Board of County Co mmi ss ioners of the Co un ty of Al'l)ahoe,
Slate of Colorado, for th e Community Development Block Grant Program in the Community Roou rces
Department (hereinafter referred to as th e County) and the City of Englewood (here inafter re ferred U as the
SubGrantee) for the conduct of a Commun ity Developmen t Bl ock Gran (C DBG) Project.
I . PURPOSE
The primary objectiv~ of Title I of th e Hou sing and Community Development Act of 1974, as anendec,
and of the Community Development Block Grant (CDBG) Program under tliis Title is the developnent of
viable urban communities, by providing decent housi ng, a suitable living environment and expanding
econom ic op portuniti es, principall y for low and moderate in come persons.
The project by the Su bGrantee known as the Hom eowner Fix -Up Project (Project) has been categcrized as
a Housing Rehabilitation project and the SubGrantec will maintain documentation with the national
objective of Low /Moderate Income Housing activ ities.
Th e SubGrant ee may proceed to in cur easts for th e Proj ect upon receipt of an officia l "Notice to Proceed"
from the County.
II . WORK TO BE COMPLETED BY THE SUBGRANTEE
Tiic fo ll owing provisions outline th e scope of the work to be completed :
TI1e SubGrant ee will utili ze CD BG funding to provid e grants to inco me eligible hom eowners for exterior
home improvements. The intent of the project is both to improve Englewo od's existing hous ing sto ck, as
well as improve the visua l ap pearance of deterior~ted neighborhoods. Typical improvem ents may include
(but are not neces sarily limited to) paint, siding, windows , roo fs, and xerisea ping.
A. Payment
It is express ly agreed and understood that the total amount to be paid by the Co unty under this
contract shall not exceed $65,000. Drawdowns for the payment of eligible expenses shall be made
again st th e line item budgets specified in the Proj ect Budget and in accordance with perfo rm ance
criteria established in Secti on II-C. Tiie parti es express ly recogni ze that the SubGrantee is to be
paid with CDBG funds received from the federal government, and that th e obligation oftbe County
to mak e payment to SubGrantee is con tingen t upon receipt of such funds . In the event tl1at said
funds, or any part thereof, ore, or become, un avail able , th en the County may immediately te1minate
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or, amend th is aba·eeme nt . To th e ex tent C.R.S. § 2)-1-110 is applicable , any finan cial obligati on of
th e Co unt y to lhe SubGrantee beyo nd th e cun·en t fi sca l year is also contingent upon adequate funds •
be ing appropriated, bu dge ted and otherwise available .
Uuo n expiration of this Agreement , as identified by the deadline in Section II. C. 3. bel ow, the
SubGra ntee shall tran sfer to the County any CDBG fu nd s on hand at the time of expiration and
any acco un ts receivable attributab le to th e use of CDBG funds . These transferred funds shall
revert to the County and be util ized fo r other purposes.
B. T im clin e
All Proj ect acti viti es will be co mpl eted by May 31 , 2010 unl ess thi s Agreem ent is mo dified by
mutual agreeme nt of th e County an d SubGrantee .
C. Performance Criteria
In accordance with the funding appli catio n submitted by the SubGrantee for tl1e Project, th e cri teria
listed below are to be met during the execution of the Project.
I. Quantifiabl e Goals:
The SubGrantee will provide grants to renovate the e.yterior of fifteen (15) owner
occupied homes to income eligi ble Englew•Jod homeowners. Grants are not to exceed
$4,000 each, and will require a 20% match fro m each homeow ner. •
All improv emen ts funded under tl1is grant hre to be perfonned ir co mpli ance wi th
applicable loca l or industry co des and stand ards.
2. Commun ity Im pact:
Affordab le housing -stability m,d hou sin g qu alit y
3. Quart er ly Performan ce Stand ards:
June 30. 2009:
No requirem en ts es tab li shed .
Sep temb er 30. 2009:
Market program, int erv iew potentia l clients
December 31 . 2009:
Co ntinu e to market program , interview pot er 'ial clients
Provi de four (4) renova tion grants
March 31, 20 10:
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• Inte rv iew po tentia l client s
Prov ide six (6) ren ovat ion grant s
May 3 1. 20 10:
Provide fiv e (5 ) re novation !,'flints
Cumu lative total of fi fte en (15) !,>rants
Complete all reno vatio ns funded by project
Submi t final drawd ow n and completion report to County
D. Reporting Requirem ents
I . Project reports will be :Jue within fifteen days following the end of each calendar year
quarter (June 1 to September 30 report is due October I 5; October I to December 31
report is due January 15; January I to March 31 report is due Apri l 15; and the final
completion report is due May 31) until the Project is completed.
2. The official annual audit and/or Financial Statements for the SubG ranlee in which both
revenues and expenditures for the CDBG Projects described herein are detailed are due
annually. The last co mpleted official annual audit report and/or Financial Statements
shall be due on May 31, and fo r fo ur ( 4) years thereafter on May 31.
E. Labor Standard s (Davis-Bacon)
• Pr.:iject activiti es do not requ ire co mplian ce with federal lab or sta.1dard s (D avi s-,i acon) as it is
exempt (i.e ., public service acti vity, single famil y home rehabilitation , purchase of materials, or
other activity that has been determined exempt from federal lab or stand ards).
F. Lead Base d Paint Regula tions
If the activity in vo lves any co nstruction, demolition, rehabili tation, or any activity related to a
building, and the building was built in 197 8 or prior, Lead Based Paint Laws and Regul ation s
apply, as established in 24 CFR Parts 35 and 570.608. If the SubGrantee does not follow and
document Lead Based Paint Laws and Regulation ::omplian ce, the SubGrantee will no t be eligib le
for reimbursement.
G. Environmental Revi ew
Notwithstandm g_ any provision of this Agreement, the parties hereto agree and acknow ledge tlutt
this Agreement does not constitute a commitment of funds or site approva l, and that such
co mmitment of fun ds or approval may occur onl y upon satisfactory comp lelton of environment al
rev iew and rece ipt by Arapahoe County of a release of fund s from the U.S . Department of Housing
and Urban Development under 24 CFR Part 58 . The parties further agree that tl1e pro vision of any
funds to the project is condi tioned on Arapahoe County's determination to proceed with , modify, or
cancel tl1e project based on the results of a subsequent environmental review.
H. Uniform Rclocution Act (U RA)
It has been de1enn ined tha t no act ion under th e Un ifonn Relocat ion Act (URA) is necessary.
III . RESPONSfB ILITrES OF THE SU BGRANT EE
A. Federal Co mplian ce
The SubGran tee shall comply with all appli cable federa l laws , regulations and req ui rements, and all
prov isions of th e gra nt agreements recei ved from tl1e U.S. Department of Housing and Urb an
Developme nt (HUD) by the Co unt y. Th ese include but are not limited to co mpliance with the
provisions of the Housin g and Comm unity Developm ent Act of 1974 an d all rules, regulati ons,
gu id elines and ci rculars pro mulgated by the vario us fed eral departments, agencies, administrations
and comm is sions relati ng to tl1e CDBG Program. A listing of so me of the appli cab le la ws and
rei,'ll lations are as follows:
I. 24 CFR Part 570;
2. 24 CF R Parts 84 and 85 ;
3. Titl e VI of th e Civil Rights Act of 1964 ;
4. Title VlI1 of the Civil Rights Act of 1968;
5. Secti ons 104(b) and 109 of the Hous ing and Community Development Act of 1974 ;
6. Fair housing regulati ons established in the Fair Housing Act, Publi c Law 90-284, and
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Executive Order 11063; •
7. Sect ion 504 of the Rehabilitation Act of I 973;
8. Asbes tos guideli nes established in CPD Notice 90-44;
9. The Energy Policy an d Co nservation Act (Publi c Law 94 -1 63) and 24 CFR Part 39;
I 0. Equal emp loyme nt opportunity and minorit;• bu si ness enterprise regulations estab li shed
in 24 CFR part 570 .904;
11. Secti on 3 oftl1e Ho using and Urban Development Act of 19 68;
12. Non-discrimination in emp loyment, esta bli shed by Executive Order 11 246;
13 . Lead Based Paint regulations established in 24 CFR Parts 35 and 570.608 ;
14. Au dit requ irem ents established in 0MB Circular A-1 33; an d
15 . Cost principles es tabli shed in 0MB Circul ars A-87 and A-122.
16. Confl ict oflnteres t:
(a) Ap pli cab ility. In the procurem ent of pro perty and se rvices by parti cip ati ng
jurisdictio n, State reci pi ents, and sub recipicnts, tl1 e co nflict of interest provi sion in
24 CFR 85 .36 and 24 CFR 84.42, respectively, app ly. In all cases not governed by
24 CFR 85.36 and 24 CFR 84.42, the prov isions of thi s section apply.
(b) Co nt.icts prohibit ed . No persons describro in paragraph (c) of this section who
exercise or who have exerci sed any functions or responsib il ities with respect to
ac tivities ass isted with CDBG funds or who are in a pos ition to participate in a
decision making process or gai n insid e in fo nn atio n with rega rd to tllese activi ties,
may ob tain a financial int erest or benefit fro m a COBO-ass isted activity, or have an
int erest in any contract, subco ntract or agreement wi tll respect thereto, or th e •
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proceeds there under, either fo r themselves or those with whom they have fa mily or
bu sin ess ties, during their tenure or for one year the reafter.
(c) Perso ns covered . The conflict of interest provisio ns of paragraph (b) of tl1is sec ti on
ap pl y to any person who is an emp loyee, agent, co nsu ltant , officer or elected official
or appo inted offici al of th e parti cipatin g jurisd ictio n, State reci pi ent, or subrcc ipi ent
which are receiv ing CDB G funds .
(d) Exceptions: Thres hold req uirements . Upon th e written request of the parti ci pating
juri sdiction , HUD may grant an exception to the provi sions of paragraph (b) of thi s
section on a case -by-case basis when it det erm ines th at the exception will serve to
further tl1e purpo se of tl1e CDBG Investm ent Partnership Program and the effective
and efficient administration of the particip ating jurisdiction's progrann or project.
An exce ption may be consi dered only after the participating jurisdicti on has
provided the following:
(I) A dis closure of the nature of the conflict, accompanied by an assurance that
th ere has been public disclosure of the co nflict and a description of how the
publi c disclosure was made; and
(2) An opinion of the participating jurisdiction's or State recipient's attorney
that t .1e interest for which the exemption is sought wouid not violate State or
local law .
( e) Factors to be considered for exemption. In determining whether to grant a req uested
exception after the participating jurisdiction has satisfactori ly met the requirements
of paragraph (d) of fuis section, HUD will consider the cumulative effect of the
following factors, where applicable:
(I) Whether the exception wou ld provide a significant cost benefit or an
essential degree of experti se to fue progrann or project which would
ofuerwise not be available;
(2) Whefuer the person affect ed is a member of a group or clas s of low income
persons intended to be the beneficiaries of tl1e assisted activity and the
exception will pennit such perso n to receive generally the same in terests or
benefi ts as are being made ava ilabl e or provided to the group or class;
(3) Whether the affected person has withdrawn from his or her fun ctions or
responsibilities, or fue decision making process with respect to the specific
assisted activity in ques tion;
(4) Wh efuer the interest or benefit was present before tl1e affected person was in
a position as described in paragraph ( c) of this section;
(5) Whether undue hard ship will res ult either to th e participating juri sdiction or
the person affected when weighed against the public interest served by
avoiding the prohibited co nfli ct; and
(6) Any other relevant cons iderations .
(t) Owners an d Developers .
( 1) No owner, developer or sponsor of a project ass isted wifu CDBG funds ( or
officer, employee, agent, elected or appo inted official or co nsultant of the
ow ner, develop er or sponsor) whefuer pri vate , for -profit or non -profi t
(including a community housi ng development organi zatio n (CHOO) when
acting as an owner, devel ope, or sponso r) may occupy a COBO -ass isted
affordable housing un it in a project. Thi s pro vision does not ap pl y to an
in dividu al who rece ives COBG fu nds to acoJJi re or rehabi lit ate his or her •
pri nci pal resi dence or to an empl oyee or age nt of th e own er or deve loper of a
renta l housing project wh o occupies a housing unit as th e proj ect manager or
maintenan ce worker .
(2) Ex ce ption s. Upon writt en requ est of a hou sing owner or developer, the
partic ipating jurisdiction (o r State recipient, if authorized by the State
participating jurisdiction) may grant an exce pti on to the pro vision s of
paragrap h (f) (1) of thi s section on a case-by-case basi s when it determin es
th at the exce ption will serve lo further th e pUl])ose of the COBO program
and the effective and efficient admin istration of th e owner 's or deve loper's
COBO-assisted project. In determining whether to grant a requ es ted
exception , the partici patin g jurisdiction shall consider the following factors:
(i)Whether th e person receiving the benefit is a member of a group
or class oflow-income pers ons intended to be th e benefi ciari es of the
assis ted housing, and the excep tion 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 hi s or her functions or
responsib ilities , or the decision making process with respect to the
specific ass isted housing in questio n;
(iii) Whether the tenant protectio n requirem ents of Sec. 92.25 3 are
being observed ; •
(i v) Whetl1er the affirmative marketing requirements of Sec . 92.35 1
are being ob served and fo ll ow ed; and
(v) Any other fa ctor relevant lo the participati ng jurisdiction 's
determination , in cluding the timing of the requested exceptio n.
Additionall y, in accordance with 24 CFR Part 570, no emp loyee , officia l,
agent or consultant of the SubGrantee shall exercise any function or
respo nsibility in whi ch a conflict of interest, real or apparent, would arise .
17. Th e SubGrantee canno t engage in a fed era ll y funded co ntract with any entity
regis tered in tl1e Lists of Parties Excl ud ed From Fed eral Procurement or
Nonprocurement Programs .
B. Non-Appropriation s Clau se
The SubGrantee agrees that it wi ll include in every contract it enters, which relies up on CDBG
mo ni es for fundin g, a non -appropriation clause that will protect itself, and the Coun ty fro m any
lia bility or respon sibility or any suit whi ch might res ult from the discontinuance of COB O funding
for any reason. Because thi s SubGranlee Agreement involves funds from a federal gran t, to the
extent tl1ere is a co nfli ct the funding pro vis ions oftl1is SubG ranlee Agreement, tl1e federa l grant and
tl1e fed eral statutes con trol rather than the provisions of Section 24-9 1-103 .6, C.R.S. with regard to
any public work projects .
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C. Expe nditure Restrictions
All CDBG fund s that are approved by HUD for expe nditure under the Cou nty's grant agreement,
in cluding th ose that are identified for the SubGrant ee's Projects and acti vities, shall be all oca ted to
the specifi c projects and activ iti es described and li sted in th e grant agreements. The allocated fund s
shall be used and expended only for the projects and activiti es for whi ch the fu nd s are identified.
D. Agreement Changes
No projects or activ ities, nor the amount allocated therefore, may be chan ged without approval by
the County and acceptance of th e revised Final Statement and/or Consolidated Plan by HUD, if
requ ired . Changes must be requested in writing and may not begin until a modification to this
Agreement is fu ll y executed.
E. Direct Project Sup ervision and Admi ni stration
The SubGran tee shall be responsib le for the direct supervision and administration of its respective
projects or activities. This task shall be accomplished through the use of the SubGrantee's staff,
agency and employees. The SubGrantee shall be responsible for any injury to persons or damage to
property resulting from the negligent acts or errors and omissions of its staff, agents and employees .
Because the SubGrantee is responsible for the direct supervision and administration of its projects
or activities , the County shall not be liable or responsib le for cost ovemms by the SubGrantee on
any projects or activities. The County shall have no duty or obligatio n to provide any additional
funding to th e SubGrantee if its projects or activities cannot be completed wi th the funds all ocated
by the Co un ty to the SubGrantee . An y cost overruns shall be the so le responsi bility of the
SubGrantee .
I. The SubGrantee agrees tliat all funds allocated to it for approved projects or activities
shall be used sole ly for the purpos es approved by tl1e County. Said funds shall not be
used for any non-approved purposes .
2. The SubGrantee agrees that the funds all ocated for any approved projects or activities
shall be sufficient to co mplete sa id projects or activities without any additional CDBG
funding .
F. Ind emni ty
Ta !h e extent allow ed by law , the Sub Gra nlee shall indemnify and hold harm less th e Co unty and its
elected and oppainted officia ls, officers , employees and agents from and against any and all losses,
damages , liabilities , cloims, suits, action s or costs, including attorneys fees, mode, ossertcd or
incurred as a result of any damoge or alleged damage to person or property occasioned by the nets
or omi ss ions of SubGrantee, its officers, employees, agents, contractors or subcontractors, arisi ng
out of or in any way connecled wilh th e Project or the perfonmnnce of this contract.
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G. Bonding and In suran ce
Jfthe SubGrantee's projects in volve co nstru ction activit ies, any Co ntract or it uses for said acti viti es
shall be required to provide and maintain , unti l final accep tan ce by the SubGrantee of all work by
such Contractor, the kinds and minimum amou nts of insurance as follows:
I. Co mprehensive General Liabi li ty: In the amou nt of not less than $1,000 ,000 combi ned
singl e li mit. Coverage to includ e:
a. Prem ises Operations
b. Products/Completed Operations
c. Broad Form Contractual Liability
d . Ind epend ent Co ntra ctors
e. Broad Form Property Damage
f. Empl oyees as Additional Insured
g. Personal Injury
h. Arapahoe County and the SubGrantee as Add iti onal Named Insured
i. Waiver of Subrogation
2. Comprehensive Automobile Liability: In th e amount of not less than $ I ,000,000
combined single limit for bodi ly injury and property dam age. Coverage to include:
a. Arapahoe County and the SubGrantee as additional Named Insured
b. Wai ver of Subrogation
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3. Empl oyers Liab ili ty and Workers Com pen sati on: The Contractor shall secure and •
mai nta,~ emp loyer's liability and Worker's Compensation In surance that will protect
it asdinst any and all cl aims resu lti ng from injmi es to and death of wo rkers engaged
in work und er any contract funded pursuan t lo thi s agreement. Coverage to include
Waiver of Subrogation.
4. All refere nced insuran ce po li cies and/or certificates of insura nce shall be subject to
the followi ng stipul ations :
a. Und erwrit ers shall have no right s of recovery sub rogation against Arapahoe
Co un ty or th e SubGrantee; it being the intent of the parties th at the insurance
po li cies so effected shall protect the parti es and be prim ary coverage for any
and all losses covered by the described in surance .
b. The clause en titled "Other In surance Provisions" co nt ai ned in any pol icy
inclu ding Arapahoe Cou nty as an additional named in sured shall not ap ply
to Arapahoe Co unty, or the SubGrantee .
c. The insuran ce companies iss uing the policy or poli cies shall have no
recourse against Arapahoe Co unty, or the SubGranlee fo r payment of any
premiums due or for any assess ments und er any form of any poli cy.
d. An y and all ded ucti bl es co ntained in any insurance policy shall be ass umed
by and at the sole ri sk of the Contractor.
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5 . Ce rtificate of In surance : Th e Contrac tor shall not com men ce wo rk under any
contrac t funded pursuant to thi s Agreement unt il he has submitted to the
SubGran tce , rece ived app roval thereof, certificates of in s ur11'1 ce show ing lhal he ha s
co mpl ied with th e foregoing in suran ce requ irements. The SubGrantee shall also
submit a cc py of th e Contractor's cert ifi cates of in suran ce to the Co unty .
6. Notw ithstanding the prov isions ccntai ned in tl1i s p aragra ph (H) set forth
herein ab ove, the Cou nty reserves th e rigJ-.: to modify or waive said provisions for
projects or act ivi ti es for wh ich th ese provi sion s would prove pro hibiti ve. The
SubG rantee understand s, however, that tl1e decisio n lo waive or modify those
provis ions is fully within the discretion of the County.
In acco rd ance wi th 24 CFR parts 84 and 85 , th e fo ll ow in g bonding requireme nts shall ap pl y lo all
projects exceed in g th e simplified acquisition tlrreshold (c urrentl y $100 ,000):
I . A bi d gu arantee from each bidder equivalent to 5% of th e bid pri ce;
2. A performan ce bond on the part of the co ntractor for I 00% of the co ntra ct price; and
3. A payment bond on tl1e part oftl1e contractor for 100% of the co ntract pri ce.
H. Records
The SubGranlee shall maintain a ccmplete set of books and record s documenting its use ofCDBG
fu nds and its sup ervis ion and ad ministration of tl1 e Project. Records are to include doc um entatio n
verifying Proj ect eligibility an d national obj ective cc mpli ance, as well as fi nan cial and oth er
administrativ e aspects invo lved in performing tl1e Project. The SubGrant ee shall prov id e full
access to these books and reco rd s to tl1e Cou nty •. ~ Secretary of HUD or his designee , the Office
of In spector General , and the General Aeco um,, . ..; Office so th at ccmplian ce with Federal law s and
regu lations may be ccnfim1 ed. The SubGran lee further agre es to prov ide to th e Co unty up on
req uest, a co py of any au dit re ports pertaining to til e SubGra ntee's finan cial opera ti ons during th e
tern, of thi s Agreement. All records perta ini ng lo the Project arc to be m ai ntai ned for a min im um
offive year.; following clo se-ou t of the Project.
I. Reporting
TI1e Su bGra nl ee shall fi le all reports and other in fortna ti on neces sary to com pl y with app li cab le
Federal laws and regulations as req uired by tl1e Co unty and HUD . This shall include providing to
th e County the informa tion nccessmy lo co mplet e annual Pcrfo nnance Reports in a ti mely fashio n.
J . Timelin ess
The SubGrantee shall ccmp ly witl1 the quarte rl y perforrnm,ce standards established in Sec ti on 11-C
of th is Agreement. The SubGrantee underst an ds that fai lure lo co mply with the estab lished
standard s may lea d to a ca ncell ation of th e Proj ect and a loss of all un ex pend ed fu nd s .
I(_ Reimburse ment fo r Expense s
9
The SubG ran tee agre•~ that before th e County can distribu te an y CDBG fund s lo it, the SubGrantee •
mu,t subm it to t.,e Cou nty's Housing and Co mmun ity Development Serv ic<:s Divi sion
doc umentation in the fonn req uired by tha t Division which properly and fully identifi es th e amount
wh ich the SubGrantee is reque sti ng at th at time . Th e County shall have ten (I 0) work in g da ys to
rev iew th e req uest. Upon approval of the req uest, the County will distribute the requ es ted fund s to
th e SubGran tee as soo n as po ss ible.
L. Program Inco me
All pro1,,ram in come directly derived from the Arapahoe County Community Deve lop ment Block
Grant Program received by the SubGrantee will be retained by the SubGrantee and will be
di spersed for its approv ed CDBG Proj ' ·• activities before additional CDBG funds are requested
from the County. Following compl etion of the SubGrantee's Arapahoe County CDBG Projr.cts, al l
program income directly generated from the use of CDBG funds will be rem itted to the County.
M. Real Property
Real property acquired in whole or in part with CDBG funds shal l be utilized in accordance with
the scope and goals identified in Sections I and II of this Agreement. Should the property in
qu estion be sold or otherwise disposed of, or the approved property usage discontinued, the
SubGrantee shal l adhere to the requirements of24 CFR Parts 84 or 85 (as applicable) regarding the
use and dispos itio n of real property.
N. State and County Law Compliance
All responsib iliti es of th e SubGrantee enu merated herein shall be subject to app li cable State
statu tes and County ordinances, res oluti ons, rules, and regulations.
O. Subcontracts
If subcontracts are used on the Project, th e SubGrantee agrees that tl1e provisions of thi s Agreement
shall apply to any subcontract.
P. Suspension or Termination
Thi s Agreem ent may be immediately suspended or tenn in ated upon written notifi ca tion from the
Co unty if the SubG rantee ma1e1ially fa il s to comply with any te1m of thi s Agreement. This
Agreement may also be terminated for conven ience by mutual agreement of the County and the
SubGrantee.
Q. In the event that the Un it of Gen eral Local Government should withdraw from the County's
"Ur ban County" designation, this Agreement sh all terminate as of the termination date of the
County's CDBG grant Agrcen1ent with HUD .
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R. The SubGrantee certifies that to the best of its knowledge and belief:
1. No Federa l appropriated fund s have be en paid or will b.e paid, by or on behalf of it,
to an y person for influen cing or attempting to influen ce an o"ficer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
emplo yee of a Member of Congress in co nm:ction with the awardi ng of any Federal
co ntract, the making of any Federa l grant, the making of any Federal loan , the
entering into of any cooperative agreement, and the exten sion, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement ; and,
2. If any fund s other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or em~loyee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan , or
cooperative agreement, it will complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
S. Dis allowance
If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the
SubGrantee's Project o~ activity was improper, inappropriate or ineligible for reimbursement, then
the SubGrantee shall reimburs e the County to the full extent of the di sall owance .
T. Verification of Lawfu l Presence
TI1e SubGrantee shall be respons ible for ensuring compliance with C.R .S. Section 24· 76 .5 -103 by
verifying the lawful pres ence of all person s eighteen years of age or old er who apply for any
benefits funded in whole or in part by the gran t funds that are the subject of this Agreement.
SubGrantee shall ver:fy lawful presence in the manner required by th e statute, and shall pro vide
proo f of compliance upon the request of the County.
IV . RESPONSIBILITIES OF THE COUNTY
A. Administrative Contro l
TI,e Paiti es recogni ze and understand that the Co unty will be tl1 e governmental entity required to
execute all grant agreements received from HUD pursuant to the County's requests for CDBG
fund s. Acco rdingly, the SubGrantee agrees that as to its projects or activities performed or
conducted under any COBO agreement, the County shal l have the necessary administrative contro l
required to meet HUD requirements .
B. Performance and Co mp liance Monitoring
11
The Cou nt y's administrative obligations to the SubGrantee pu rsuant to paragraph A above sha ll be
limit ed to th e perfo nn ance of the admi ni strative tas ks necessa ry to make CDBG fu nds avai lab le to •
lh e SubGrantee and to prov id e Housi ng and Co mm unity Deve lopment Serv ices staff whose job it
will be to monit or th e vario us project s funded with CDBG monies to monitor co mp liance with
appl ica ble Federal laws and regulations.
C. Reporting to HUD
17,e Co unty wi ll be res ponsibl e for seein g th al all necessary report s and information required of the
Cou nty are fil ed with HUD and oth er e.ppli ca ble Fed ernl agencies in a timely fas hion .
V. EXTENT OF TH;:: AGREEMENT
Thi s agreement, includin g any doc umen ts attached as exhibi ts which are hereby incorp orated herein
by reference, repr esents th e entire and integrated agreement between the County, and SubGrantee
and supersedes all pri or negotiatio ns, representations or agreements, either written or oral . Any
amendments lo this agreement must be in wri ting and signed by both the County, and SubGranlee.
If any portion of ti1is agreement is found by a court of competent jurisdiction to be voi d and/or
unenforceable, it is the int ent of the parties that the rem aini ng portions of this agreement shall be of
full force and effect.
VI. NOTICES
Noti ces to be pro vided und er thi s Agreement shall be b,jven in writing and either delivered by hand •
or depo sited in th e Unit ed Stales mail with sufficie nt po stage to th e addr esses set fortii:
To the Co un ty: Arapal1oe Co un ty Attorney
5334 S. Prin ce Street
Littl eton, CO 80 166
and
Arapahoe Co un ty Housing and Co mmunity Development Serv ices
1690 W. Littleton Blvd ., 11300
Li ttl eton , CO 80120-2069
To lhe SubGranle e: City of Englewood
I 000 Eng lewood Parkwuy
Englewood, CO 80 1 I 0
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In Witn ess Whereof, the Parties have ca used th is Ab,reement to be duly exi:c ute d th is ______ day
of ___________ _,2009 .
Sub Grantee : Ci ty of Engle woo d
Signature Jam es K. Wo odward
May or
Title
Boa. d of County Commi ss ioners
Arapahoe County, Col orado
Don Klemm e on bha,fofthe Board of County Commi ss ioners
Pursuant to Res olution #090191
13
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PROJECT BUDGET
COLUMN A COLUMNB COLUMNC COLUMND
Project Actlvit1es Eslim:i lcd Tot1I Colt of CDBG Funtls Other Funds Commln"1
(1pcclfy by line hem) Activit y
Projce1administ.1 1.'on SI 5,000.00 SS,000 ,00 SI 0,000.00
Gra nts ror Ex terior Reno va tions SB 0.000.00 S60,000.00 S'l0 ,000 .00
•
TOTAL: S95,000 .00 $65,000 .00 SJ0,000 .00
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UBGRANTEE AG R EEMENT FO R
ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEF.: C ITY OF ENGLEW OOD
PROJ ECT NAME : NORTHWEST ENGLEWOOD SID EWALK PROJECT PHASE II
PROJ ECT NUMBER: ENPF 912
This Agreement is made by and between the Board of Co un ty Commi ss ioners of the County of Arapahoe,
State of Colorado, for the Com munity Development Block Grant Program in the Com muni ty Resou rces
Department (hereinafter referred to as the County) and the City of Englewood (hereinafter referred to as the
SubGrantee) for the conduct of a Comm uni ty Develo pme nt Block Grant (CDBG) Project.
I. PURPOSE
The primary objective of Titl e I of th e Housing and Communi ty Development Act of 1974, as amended,
an d of the Community Development Blo ck Grant (CDBG) Program under this Ti tle is the developmen t of
viabl e urban co mmunities, by providing decent housing, a su itable living e nviro nment and ex panding
economic opportunities, principally fo r low and moderate income persons .
Th e proj ect by the SubGrantee known as the Northwest Englewood Sidewalk Project Phase Il (Project) has
been categorized as a Public Infrastructure project and the SubGrantee will maintain do cumentatio n with
the national objective of Area Benefit activities.
Th e SubGrantee ma y proceed to incur costs for the Project upon receipt of an officia l "Notice to Proceed"
from the County.
II. WORK TO BE COMPLET ED BY THE SUBGRANTEE
The fo ll owing provisio ns outline th e sco pe of th e work to be completed :
The SubGrnntee will utili ze CDBG funding to ins tal l or replace approximately 7,000 · square feet of
sidewa lk in a residential neighborhood loca ted on the eas t sid e of South Zuni Street from approxim ately
Evans Avenue so uth to Cas pian Place north of th e Alt emati ve Hi gh School , in Englewood, Co lorad o.
A. Pa yment
It is expres sly agreed and understoo d that th e total amount to be paid by th e Cou nty under this
co ntract shall not exceed $60,000. Druwdowns for the payment of eligible expenses shall be made
aeainst the line item budgets specified in the Project Budget an d in accordance with perfo nn ance
cri teria es tabli shed in Section ll-C . Th e parties ex press ly recogni ze that th e SubG rantee is to be
paid with CDB G fund s received from the federal govemment, and tl1at the ob li gation of th e County
to make payment to SubG ra ntee is contingent upon receipt of such funds . In the event th at sa id
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fu nds, or any part thereof, arc, or beco me, u1. ,ailablc , then the Cou nty may imm ediate ly te rm inate
or, amend th is a&.,-eeme nt. To th e ex tent C.R S. § 29-1-110 is appl icab le, any fi nancial obl igatio n of •
th e Coun ty to th e Su bGrantcc beyond th e ctirrr ol fisca l yea r is also co ntin ge nt upon adequ ate fund s
be ing appro priated, bud geted and otherw ise availab le.
Upon exp irati on of thi s Agreement , as id entifi ed by th e dead lin e in Section II . C. 3. bel ow, the
SubGra ntee sha ll tran sfer to the Co un ty an y CDBG fund s on hand at the time of expirati on and
an y acc ount s recei vable attributab le to the use of CDBG fund s. These transferred fu nd s shall
re vert to th e County and be utilized for oth er purposes.
B. Timelinc
All Project activities will be co mpl eted by May 31 , 2010 unless this Agreement is modified by
mutual agreement of the County and SubGrantee.
C. Performance Criteria
In accordance wi th th e funding applicati on submitted by the SubGrantee fo r the Project, th e cri teria
listed below are lo be met duri ng th e execution of the Proj e l.
I. Quantifiable Goals :
The SubGrantee will utili ze CDBG fund s lo install or repl ace appro ximatel y 7,000 square
feet of sid ewalk in a residential neighborhood located on the east side of South Zuni Street •
from approx imately Evans Avenue south to Caspian Pince north of the Alternative High
School , in Englewood , Co lorado . All constru ction is to be performed in accordance with
a pp lica ble industry and local codes and sta ndard s, as well as the Ameri can s with
Di sa bil it ies Act (ADA).
2 . Community Impa ct:
Accessib ili ty -in crease publi c area access , increas e ped estrian acces s
3. Quarterly Performance Standards:
June 30 , 2009:
No req uireme nts esta bli shed
Sep tember 30, 2009 :
Prepare bid package
Selcct contractor
December 31, 2009 :
Begin cons tru ctio n and test in g (depending upon weather) •
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March 31. 2010 :
Con tinu e co nstru cti on nnd testing
May 31. 2010:
Co mpl ete constru cti on and testi ng
Sub mit fi nal dra wd ow n and comp leti on report to Co unty
D. Reporting Requirements
I . Proj ec t reports will be du e within fift een days fo ll owing the end of each calendar yea r
quarter (June I to Septemb er 30 report is due October I 5; October I to December 31
repo11 is due January 15 ; Janu ary I to March 3 I report is due April 15; and the final
co mpleti on report is due May 31) unti l the Project is completed.
2 . The official annual audit and/or Financial Statements for the SubGrantee in which both
reven ues and expe~ditures for the CDBG Projects described herei n are detailed are due
annually. The last completed official annual audit rep ort and/or Financial Statements
shall be due on May 31, and fo r four ( 4) years thereafter on May 31 .
E . Labor Standards (Davis-Bacon)
Project activities require compliance with federal labor stand ards (Davis-Bacon). SubGrant ee is to
contact Arapahoe Co un ty Housing and Community Devel opment Services Division staff for
information regarding federal labor standards complian ce prior to bidding the Project. SubGrantee
shall co mply with all applicable federa l lab or standard s.
F. Lend Based Paint Regul ations
If the activity involves any cons tru ction. de moliti on. rehabi litati on, or any act ivity related to a
building. and th e building was built in 1978 or prior, Lead Bas ed Pai nt Laws and Reb'lllution s
apply, as established in 24 CFR Parts 35 and 570.608. If th e SubGrantee does not fo ll ow and
document Lead Based Paint La ws and Regulatio n co mpli ance, the SubGrante e will not be eligible
for reimbursement.
G . Environmcntnl Review
Notwiti1stand in g any provis ion of ti1is Agreement, the parti es hereto agree and acknowled ge th at
thi s Agreement does not constitute a co mmitm ent of funds or site approval , and that such
co mmitm ent of fund s or approval may occur only upon sat isfactory co mpletion of environmental
review and receipt by Arapahoe County of a release of funds from the U.S. Department oft-lousin g
and Urban Dev elopment under 24 CFR Part 58. 111e parties fu11her agree that the provi sion of an y
funds to the project is co nditi oned on Arapahoe County 's detem1ination lo proceed with , modify, or
cancel th e project based on the res ult s of a sub sequent environmental review .
H. Uniform Relocation Act (URA)
3
It hos been determined th at no action under th e Uni fonn Relo cation Act (URA) is necessary . •
fll. RESPONSIBU,ITIES OF THE SUBGRANTEE
A. Fe deral Compliance
The SubGrantee shall co mpl y with all applicable federal laws, regulations and requirem ents , and all
prov ision s of the grant agreements rece ived from th e U.S. Department of Hou sing and Urba n
Development (HUD) by the County. Tiiese include but are not limited to com plian ce wi th th e
prov isions of th e Housing and Commun ity Development Act of 1974 and all rules , regulation s,
guidelines and circ ulars promulgated by th e various federal depaitm ents , agencies, admini strations
and comm issions relating to the CDBG Program . A listing of som e of th e appl icabl e laws and
regulations are as fo ll ows:
I. 24 CFR Part 57 0;
2. 24 CFR Parts 84 and 85;
3. Titl e VI of the Civil Rights Act of 1964;
4. Title vm of the Civil Rights Act of I 968;
5. Sections I 04(b) and 109 of the Housing and Community Developm ent Act d 1974;
6. Fair housing regulati ons establi shed in the Fair Housing Act, Public Law ~0-J ,4, and
Executive Order I I 063 ;
7. Section 504 of the Rehabilitati on Act of19 73;
8. Asbestos guidelines established in CP D Notice 90 -44; •
9. Th e Energy Poli cy and Conservation Act (P ubli c Law 94-163 ) and 24 CFR Part 39;
10. Equal empl oyme nt opportunity and minority business ente:rpri se regulati ons established
in 24 CFR part 570.9 04;
11. Sectio n 3 of th e Hou~inp am:! Urban Devel op,~1ent Act of 1968;
12. Non -discrimination in ern~ioyment, <:stab,,shed by Exec utive Order 11 246;
13. Lead Based Paint regul ati ons estab li shed in 24 CFR Parts 35 and 570.608;
14. Audit requirements establ ished in 0MB Circ~!ar A-1 33; and
I 5. Cos t principl es established in 0MB Circul ars A-87 and A-122.
16. Co nfli ct of Interest:
a) Applicability.
(!) In th e procurem ent of suppli es, equipment, constructi on, an d serv ices by
the Cou nty and by the SubGranl ee , the conflict of interes t prov isions in 24
CFR 85.36 and 24 CFR 84.42 , respectively shall apply.
(2) In all cases not governed by 24 CFR 85.36 and 84.42, th e prov isions of
24 CFR 570 .6 11 (2) shall apply. Such cases in clud e th e acq ui sition and
di spo siti on of real property and the provi sion of ass istance by the Co unty
or by its Sub Granlees to indi vid ual s, bu sinesses, and other private entities
under eligible activities th at au thorize such ass ist ance (e.g., rehab ilitatio n,
preservation , an d other imp rove ments of private properties or faci liti es
pursuant to 24 CFR 570.202; or grants, loans, and other assis tance lo •
It ha s been detennin ed tha t no action under the Unifonn Relo cat ion Act (UR.A) is necessary . •
111. RES PON IBILJTIES OF THE SU BGRANT EE
A. Federal Comp lian ce
Th e SubG rantee shall co mpl y with all appli cab le federal laws , regu lat ions and requirem ents, and all
pro vision s of th e grant agreeme nts received fro m th e U.S. Department of Housing and Urban
Deve lopm ent (HUD) by tl1 e Coun ty. These inclu de but are not limited to compliance with th e
prov isions of the Hou si ng and Comm unity Devel opment Act of 197 4 and all rul es, regulations,
guidelines and circula rs promulgated by the various federal departm ents, agencies, admini strati ons
and commi ss ions relating to the CDBG Program . A li sting of some of the app li cab le laws and
regul at ions are as fo ll ows:
I. 24 CFR Part 570;
2. 24 CFR Parts 84 and 85;
3. Titl e VI of the Civil Righ ts Act of 1964 ;
4. Title vm of the Civil Rights Act of 1968;
5. Sections 104(b) and 109 of the Housing and Communi ty De\'elopment Act of 1974;
6. Fair housing regul ations establi shed in the Fair Housing Act, Public Law 90-284, and
Executive Order 11 063;
7. Section 504 of the Rehabilitation Act of1973;
8. Asbestos guidelin es established in CPD Notice 9044; •
9. Th e Energy Poli cy and Conservatio n Act (P ubl ic Law 94-163) and 24 CFR Part 39;
10. Equa l emp loyment op portun ity and minority business enlCl]Jrise regu lations estab li shed
in 24 CFR part 570 .9 04;
11. Secti on 3 of th e Hou sing and Urban Devel opment Act of 1968;
12 . Non -dis crimination in employm ent, estab li shed by Executi ve Order 11246 ;
13. Lead Based Paint regu lati ons established in 24 CFR Part s 35 and 570 .608;
14. Audi t req ui re ments established in 0MB Circular A-133 ; and
15. Cost prin ciples estab lis hed in 0MB Circu lars A-87 and A-I 22.
16 . Con fli ct of Int erest:
a) Applicability.
(!) ln the procurement ofsupplie,', equipment, constru cti on, and servi r "" by
the Co unty and by th e SubGrantee, tl1 e co nflict of intei ..s t provi sions 111 24
CFR 85.36 and 24 CFR 84.42, respe~tively shall appl y.
(2) In all cases not go vern ed by 24 CF R 85.36 and 84.4 2, th e prov isions of
24 CFR 570.611 (2) shall appl y. Such cases include the acq ui siti on and
disposit ion of re al property an d th e µrov ision of ass istance by tl1e Co unty
or by its SubGrantees to individu als, bu sinesses, an d other private en tities
und er eligible ac tiviti es th at auth orize such ass istan ce (e .g., rehabilitation,
preservatio n, and other impro·,ements of private properties or faci lities
pursuant to 24 CFR 570.202 ; or gran ts, loa n s, and oth er assis tance to •
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March 3 l 20] 0:
Co nti nu e construction and tes tin g
May 31 20 10 :
Comp lete construction and testing
Submit fina l drawd own and co mpletion report lo Co unty
D. Reporting Requirements
1. Proj ec t reports will be due within fifteen days following the end of each calen dar year
quarter (June I to September 30 report is due October I 5; October I to December 3 I
report is due January 15; January I lo March 31 report is due April 15 ; and tl1e final
completion report is due May 31) until the Project is completed.
2. The official annual audit and/or Financial Statements for the SubGranlee in which both
revenues and expenditures for the CDBG Projects described herein are detailed are due
annually. The last completed official annual audit report and/or Financial Statements
hall be due on May 31, and for four ( 4) years thereafter on May 31.
E. Labor Standards (Davis-Bacon)
Project activities require compliance with federal labor standards (Davis-Bacon). SubGrantee is to
contact Arapahoe County Housing and Community Development Services Division staff for
infonnation regarding federal labor stan dards compliance prior to bidd ing the Project. SubGrantee
shall comply with all app li cab le federal labor standards.
F . Lead Based Paint Regulations
l f the activity involv es any co nstru ction , demolition , rehabilitation , or any activity related lo a
building, and the building was built in 1978 or prior, Lead Based Paint Laws and Regulation s
apply, as established in 24 CFR Parts 35 and 570.608 . If tl1 e SubGrantee does not follow and
document Lead Based Paint Laws and Regu lation compliance, the SubGranlee will not be el igible
for reimbursement.
G. Environ mental Revi ew
Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge tliat
thi s Agreement does not constitute a co mmitment of funds or si te approval, and that such
commitment of funds or approval may occur on ly upon satisfactory co mpleti on of enviro11111ental
review and receipt by Arapahoe County of a release of funds from the U.S . Department of Hou sing
and Urban Devel opment under 24 CFR Part 58. The parties fmther agree that the provision of any
funds to the project is conditioned on Arapahoe County's determination to proceed with, modify, or
cancel th e project ba sed on the results of a sub~d)uenl environmental review .
H. Uniform Relocation Act (URA)
• b)
c)
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bu sine sses, individuals, and ot her priva te en ti ti es pursu an t to 24 CFR
570.203, 570 .204, 570.455, or 570. 703 (i)).
Co nflicts pro hibited. The general ru le is that perso ns described in
paragraph (c) of thi s sect ion who exercise or have exercised any functions
or resp onsibilities wi th res pect to CDBG activities ass isted und er this part,
or who are in a pos ition to participate in a decision-making pro cess or gain
msi de information with regard to such activities, may obt ain a fin ancial
interes t or ben efit from a CDBG-assis ted activity, either for th emselv es or
th os e with whom th ey have busines s or immedi ate family tie s, during their
tenure or for one year th ereafter.
Pe rsons covered. The co nflict of interest provisions of paragraph (b) of
thi s section apply to any person who is an employee , agent, consultant,
officer, or elect ed official or appointed official of the County, or any
de signated public agencies, or of the SubGrantee that are receiveing fund s
under this part.
Exceptions. Upon the written request of the County, HUD may grant an
exception to the provisions of paragraph (b) of thi s section on a case-by-case
basis when it has satisfactorily met the threshold requiremen ts of (d)(I) of
this section, talcing into account the cumulative effects of paragraph (d)(2) of
this section .
{I) Threshold requirem ents. HUD will consider an exception only after
the County has provided the following documentation :
i. A disclosure of the nature of the conflict, accompanied by an
assurance that there has been public discl os ure of the conflict and
a description of ho w the public di sclos ure was made ; and
ii. An opinio n of the County's attorney that the interest 1'or which
the exemption is sought would not violate State or local law.
(2) Fac tors to be considered for exceptions, In dctennining whetl1er to
grant a req uested exception aft er the County has satisfac torily met th e
req uirements of paragraph (d){l) Jf this section, HUD shall concl ud e that
such an exception will serve to ,hrth er the purpo ses of the Act nnd th e
effective and efficient admini stra~ 11 of the County's progr am or project,
taking into account the following fa cto rs , as applicable:
i. Whether the excepti on would provide n significant cost benefit
or an essential degree of expertise to the program or project that
would Jlherwi se not be available;
ii. Wh ether an opportunity was provided for open co mpetitiv e
bidding or negotiation ;
iii . Wh eth er the perso n affected is a member of a group or class of
low-or moderate-income perso ns intend ed to be th e
beneficiaries of th e assisted activity, and Loe exceptio n will
permit such perso n lo receive generally th e same interests or
benefits as are being mad e avai labl e or prol'ided to the group or
closs ;
iv . Whether the affected person ha s withdraw n fro m hi s or her
functi ons or rcspo nsil·iliti es 1 or the deci sio n making process with •
respec1 10 the speci ;., .. ssis ted activity in quest ion;
v. Whether th e int eres t or ben efi t was present before th e affected
person wss in a po si ti on as described in paragra ph (b) of th is
secti on;
vi. Wh~U 1er undu e hardship will resu lt either to the Co un ty or th e
person affected wh en weighed against the publ ic interest served
by avo iding th e prohibited conflict; and
vii. Any other relevant consideratio ns.
17. The SubGrantee cannot engage in a federally fund ed co ntract with any entity
regi stered in the Lis ts of Parties Excluded From Federal Procurement or
Nonprocurem ent Program s.
B. Non-Appropriations Clause
The SobGrantee agrees that it will includ e in every contract it enters , which relies upon CDBG
monies for funding, a non-appropriation clause that will protect itself, and the County from any
liability or responsibility or any suit which might result from the discontinuan ce of CDBG funding
for any reason. Because this SubGrantee Agreement involves funds from a feder al grant, to the
extent there is a conflict the funding provisions of thi s SubGrantee Agreement, the federal grant and
the federal statutes control rath er than the provisions of Section 24-9 1 • I 03 .6, C.R.S. with regard to
any public work proj ects .
C. Expenditure Restrictions
All CDBG fund s tl1ut are approved by HUD fo r expenditure under th e Counr/s grant egreement ,
in cluding those that are id entified for the SubGrantee's Projects and activities, shall be allocated to
the speci fi c projects and activit ies described and li sted in th e grant ll!,'Tee ments . n,e all ocated funds
sha ll be used and expended only for the projects and activi ti es fo r whi ch the fu nd s are identi fi ed.
D. Agreement Changes
No projects or activities, nor the amount allocated therefore , may be changed without approval by
the County and accepta nce of the revised Final Statement and/or Consolidat ed Plan by HUD , if
required . Changes must be requested in writing and may not begin until a modification to thi s
Agreement is fully execu ted .
E. Direct Project Supervision and Administration
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The Sub 'rantee shall be respon sibl e fo r the direct supervision and administrati on of its respective
projects or activities. TI1is task shall be accompli shed through the use of th e SubGrantee's staff,
agency and employees. Th e SubGrantee shall be respon sible for any injury to pL-rson s or damage to
prope,1y resulting from th e negligent acts or errors and omi ss ions of its staff, agents and employees .
Because the SubGrantee is responsible for the direct supervision and admini strati on of its projects •
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or activiti es , the Co unty sha ll not be liab le or re spon sible fo r cos t ov erru ns by th e Sub Orant ee on
any projects or activ ities. The Co unt y shall ha ve no du ty or obli gation to prov ide any additi onal
fu nd ing to th e SubGra lllee if it s proj ects or activ ities CPo mol be completed with the fund s all ocated
by th e Co unt y to th e SubOrantee. Any cost ove1runs shall be the so le res po nsibi lity of the
SubOrantee.
I. The SubG rant ee agrees that all funds all ocated to it for approved projects or acti viti es
shall be used so lely for th e purposes approved by the Cou nty . Sa id funds shall not be
used for any non -approved pu rpo ses.
2. The SubO rantee a1,,rees that C e funds all oca ted for any appro ved projects or activit ies
shall be suffi cient to co mplet<: .-•,id projects or activiti es without any additional CDU O
funding,
F. Indemnity
To th e ex tent allowed by law, th e 1' 1,Gr ar,tee shall indemnify and hold hannless th e Co unty and its
elected and appointed officials, offi cers , empl oyees and agents from and against any and all loss es,
dam ages, liabiliti es, claims , suits , actions or costs, including attorneys fees , made , asserted or
incurred as a result of any damage or al leged dam age to person or prop ~rty occasioned by the acts
or omis sions of SubGrant ee, its ofaicers, ernploye.es, agents , conirnr.tors or sub contractors, arising
out of or in any way connected with th e Project or the perfc,, ,na. .:e r .-.; • is contract.
G . Bonding and Insurance
lfthe SubOrantee's proj ects involve construction activities, any Co ntractor it uses for sai d acti vities
sh ~ll be req uired to provi de and maintain ; until fina l acceptance by the SubGrantee of all work by
such Contractor, the kinds and minimum amounts of imuran ce as fo ll ows :
I. Comprehensive General Liability : ~1 tl1 e amoun '. of not les s than $1 ,00 0,000 comb ined
2.
single limi t. Coverage to includ e:
a Premi ses Operations
b. Prod ucts/Co mpleted Operations
c. Bro ad Form Co ntractual Liabil ity
d. Independent Co ntracto rs
e. Broad Form Property Damage
f. Employees as Additional Insured
g. Perso nal Injury
h. Arapahoe Co unty and the SubGrantee us Additional Named Insured
i. Waiver of Subrogation
Co mprehensive Automobil e Liab ility: In U1 e amount o f not less than $1,000,000
combined si ngle limit for bodily injury and property damage. Covera ~e to include :
a. Arapah oe Coun ty and the SubGran lee as add it ional Named In sured
b. Waiver of Subro gatio n
3. Emp loyers Liab ility and Workers Compe nsation: The Contractor shall secu re and •
maintai n empl oye r's li ability and Worker's Compen sa ti on In surance that will protect
it again st any and all claims res ulting from injuries to and death of workers engaged
in work under any contract funded pursuant lo this agreement. Coverage to include
Waiver of Subrogation.
4. All referenced insurance polici es and/or certificates of in surance shall he subject lo
the following stipulati ons:
a. Underwriters shall have no rights of recovery subrogati on against Arapahoe
County or the Sub C:•nter.; it being lhe 'n tent of the parties that the insurance
policies so effect,: shall protect the parties and be primary coverage for any
dlld all losses co,~ cd y the descri bed insurance .
b. The clause entil!cd "Ofo.~r Insurance Provisions" contained in any policy
incl,1ding Arapa!:oe County as an additional named insured shall not apply
to Arapahoe Co1·nty, or tt.e SubGrantee .
c. The insurance ,·on .pani:-.s issuing the policy or policies shall have no
recourse against AJap"ioe County, or the SubGrantee for payment of any
premiums due or for any assessments under any fonn of any poli C).
d. Arly and all deductibles contained in any insurance policy shall be assumed
by and at the sole risk of Cie Contra Jr.
5. Certifie1 1te of Insuranc<l : The Contractor shall not commence work under any
contract funded pursuant to this Agreement until he has submitted to the •
SubGrantee, received approval thereof, certificates of insurance showing that he has
complied with the foregoing insurance requirements . TI1e SubGrantee shall also
submit a copy of the Contrar,tor's ce1tific.:t:s of insurance to the County .
6. Notwithstanding thr provi sio ns contained in this paragraph (H) set forth
hereinah ove, the County reserves tl1e right to modify or waive said provisions for
projects or activities for which these provi sions would prove prohibiti ve. The
SubGr~ntee understands, hm;,ever, that the decisi on to waive or modify those
provisions is fully within the discretion of the County .
In accordance with 24 CFR parts 84 and 85, the following bonding requiremen ts shall apply to all
projects ex.:eeding the simplified acquisition threshold (currently $100,000):
I. A bid guarantee from UJch bidder equivalent to 5% of the bid price;
2. A performance bond on the part of the contractor for 100% of the contract price; and
3. A payment bond on the part of the contractor for I 00% of the C('~tract price.
H. Records
The SubGrantee shall maintain a complete set of books and records documenting its use ofCDBG
funds and its supervision and administration of the Project. Records are to inc lude documentation •
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ve rifying Proje ct elig ibil ity and na tional objective u.mpl ia nce , as we ll as fin ancia l and ot her
ad min is trative aspects in vo lved in perfo rm ing the Project. The Sub Gra nt ec shall prov id e full
access to these books and records to the Co unty, the Secretary of HUD or hi s design ee , the Offi ce
of In spector General , and the General Acco unting Offi ce so that complia nce with Federal laws and
regul ation s may be confirmed . Th e SubGrantee further agrees lo provid e to tl1e County upon
req ues t, a co py of an y audit reports pertaining to the SubGranle e's finan cial operat ions during the
term of this Agreement. All records pertaining lo the Project are to be maintained fo r a minimum
of fiv e years foll owing clos e-out of the Project.
I. Reporting
The SubGranlee shall file all reports and otl1er in formatio n necessary to comp ly with applicable
Federal laws and regulations as requ ired by th e Cou nty and HUD. This shall include providing to
t 1e County the information necessary lo complete an nu al Performance Reports in a timely fashion.
,J. Timeliness
The SubGrantee shall comply with the quarterly performance standards established in Section II-C
of this Agreement. The SubGrantee understand s that failure to comply with the established
standard s may lead lo a cancellation of the Project and a loss of all unexpended fund s.
K. Reimbursement for Expenses
The SubGranlee agrees that before the County can distribute any CDBG funds lo it, the SubGranlee
must submit to the County's Housing and Community Development Sen,ices Division
do cumentation in the fonn required by that Division which properly and fully id entifi es the amo unt
which the SubGranlee is requesting at that time. The County shall have ten (10) working days to
review th e reque st. Upon approval of the request, the County will distribute tl1e requested funds lo
the SubGrantee as soon as po ss ibl e.
L. Program Income
All program income directly derived from the Arapahoe County Community Development Block
Grant Program received by the SubGnan tee wi ll be retained by the SubGrantee and will be
disp ersed for its approved CDBG Project activities before additional CDBG funds are requested
from the County, Fo llowing completion of tl1 e SubGranlee's Arapahoe County CDBG Project s, all
program income directly generated from the use of CD BG funds will be remitted to the County.
M. Renl Property
Real propm1y acq uired in whole or in part with CDBG fonds sha ll be utili zed in accordance with
the scope and goals identified in Sections I and JI of this Agreement. Should the prop e,1y in
qu estion be so ld or otherwise disposed of, or the appmved prope,ty us age di scontinu ed, the
SubGrantee shall adhere to the requirements of24 CFR Parts 6-1 ~r 85 (as applicab le) regarding the
use and disposition of real property .
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N. Stutc and County Luw Compliance
All res pons ibiliti es of the SubGrantce enumerated herein shall be subj ec t lo applicab le Stale
statutes an d County ordinan ces, resolutions , rul es, and regul ations.
O. Subcontracts
lfsubconlrncts are used on the Project, th e SubGrant ee agrees that the provisions of thi s Agreem ent
shall app ly to any subco ntrac t.
P. Suspension or Termination
This Agreem ent may be immedi ately suspended or terminated up on written noti fication from ~he
County if the SubGran!ee material ly fails to comply with any term of this AgreemenL This
Agreement may also be terminated for convenience by mutual agreement of the County and the
Sub Grantee.
Q, In the event that the Unit of General Local Govemment sho uld withdraw from the ,-,iunty'~
"Urban County" designation , this Agreement shall term inate as of the termination d·,tt, ~ uie
County's CDBG grant Agreement with HUD .
R. The SubGran!ee certifies that lo the best of its knowledge and belief:
I. No Federal appropriated funds have been paid or will be paid , by or on behalf of it,
lo any person for influencing or attempting lo 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 awmding of any Federal
co ntract, tl1e making of any Federal grant, the mak ing of any i-;ed e.c:-.i loan, tlie
entering into of any cooperat ive agreement, and tl1 e ex ten sion, '>fllu,uat ion,
ren ewal , am endment, or modification of any Federal contrt!'~ grant, loan, or
cooperative agreement ; and ,
2. If any funds other than Federal appropriated funds have been paid or will be naid to
any person for influencing or attempting to influence an officer or employ ,, nf any
agency, a Member of Congress, an officer or employee of Congress, or an .• ,.r,loyee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative •b'feement, it will comp l le and submit Standard Po rm -LLL,
"Di sclosure Form to Rep ort Lobbying," in acco rdance with its instruction s.
S. Disallowancc
If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the
SubGranlee's Project or activity was improper, inappropriate or ineligible for reimbursement, then
the SubGrantee shall reimburse the County to the full extent of the disallowance.
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• V.
RES PO NS IBILITI ES OF THE COU 'TY
A. Ad ministrative Control
The Part ies recogn ize and und ers tand that the County will be tl1e govenunen tal entity required to
exec ut e all b'l'ant agreements received ti-om HU D pursuant to t!,e Co un ty's requests fo r CDBG
fund s. Accordi ngly, th e Sub Grantee Rf,'l'ees that as to its projects or activities perfonned or
co ndu cted und er any CDBU ag;eement , th e Co unty shall have the necessary admi ni stra tive co ntro l
required to meet HUD require ments .
B. Performance om•, Com pliance Monitoring
The Co un ty's admi ni strative ob li gations to th e Sub Granlee pursuant to paragraph A ab,;ve shall be
limited to the perform ance of the administrati ve tas ks necessary to mak e CDBG fun d£ ava ,lable to
the SubG rantee and to provide Housing and Com munity Devel opment Services staff whose job it
will be to monito r the various projects funded with CDBG moni es to monitor comp lian ce wi th
ap pli cabl e Federal laws and regulations.
C. Repo rting to HUD
The Co unty will he resr, •. 1sible fi r seeing that all neces sary reports an d information requ ired of th e
County are fil ed o,'th P;JD an d other ap plicabl e Fed eral agencies in a timely fas hion .
EXTENT OF THE AGREEMENT
Thi s agreement , in clu ding any doc uments attached as ex hib its wh ich are hereby in corporated herein
by reference, repres ents tl1 e entire and in tegra ted agreement betw een the Co unt y, an d SubGrnntee
and supersedes all p1i or nego tiations, representation s or ab,reeme nts, ei tl1 er writt en or c.·al. Any
amendments to thi s agreen1ent must be in writing and signed by bo th th e County, a:1 d SubCrantee.
If any porti on of thi s agreement is foun d by a cou rt of co mp etent jurisdi ction to be void and/or
un enfo rceab le, it is th e intent oftl1e parties that the rem ai nin g portio ns o ftris agreement shall lte of
full for ce and effect.
YI. NOTICES
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Notices to be prov ided und er this Agreement shall be given in writing and eith er deli ve red by hand
or deposit ed in U1 e Un ited Sla tes mail with suffi cient postage to th e addresses set forth :
To th e County: Arapa hoe Co unt y Attorn ey
5334 S. Prin ce Street
Littleton, CO 80 166
and
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Arapahoe Co unty Housing and Comm unity Develo pm ent Services
1690 W. Littleton Blvd., #300 •
Littleton , CO 80120-2.069
To tl1e SubGrantee: Ci ty of Englewood
I 000 Englewood Parkway
Englew oo d, CO 80 11 0
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In Witnes s Whereof, the Parties have caused this Agreement to be duly execute<. this ______ day
• of ___________ _,2009.
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SubGrant ee: City of En!,'!ewoo d
Si gn ature J ame s K. Woodward
Title
Board of County Commi ssioners
Arapahoe County, Co lorad o
Don Klemme on behalf of the Bo ard of Cou nty Co mm issioners
Pursuant to Reso lution #09 01 91
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PRO.JECT BUDGET
.
COLUMN A COLUMNB I COLUMNC COLUMND -r · ---
rrojccl Acllvlllcs r:'.1 tl m11tcdTot11r c.. •. 1•: I CD IJG Funds Ollu1r Fu11d 1 Commlncd
(11 1tt.1 rybyll ■cllcm) Acllvh y r ----
Con1•n1ction/Dcs ign ind lcsting S60,CX'O .OO t60 .0C:J.OC so
General Admi niJtrn1ion $15 ,000.00 so Sl.5 ,000.00
TOTAL: m,000.00 $60 ,000 .00 S\5,000.00
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suncRANTF:E AGREEME T FOR
ARAPAHOE COUNTY
COMMUNlTY Dl!.VELOPMENT BL OCK GRANT FUNDS
suw;RANrnE: CITY OF ENGLEWOOD
PROJECT N MF:: HOUSE OF HOPE STAFFING
l'RilJECf NUMBER: ENPS 913
Thi s Agreement is made by and between the Board of Cou nty Commi ssioners of the Co unty of Al1)ahOe,
Stale of Col orado, fo r the Community Development Blo ck Grant Program in the Community R~urces
Department (hereinafter referred lo ss the County) and th e City of Englewood and Family Tne , Inc .
(hereinafter referred to aa the SuhGra ntee) for th e cond uct of a Com munity Development Bl od Grant
(CDBG) Project.
I. PURPOSE
The primary objective of Titl e I 0! the Housing and Commu nity Development Act of 1974 , as aJ1ended ,
and of the Commwiity Devel opmClll Rlock Grant (CDBG) Program wider thi s Title is the developienl of
viable urban communities, by providi ng decent housing, a su itable living environment and ex,anding
economic opportunities , principally for low and moderate income persons .
The project by the SubGrantee "nown as the House of Hope Staffing (Project) has been categoriied as a
Public Services project and the Sui.Grantee will maintain documentation with the national objo;tive of
Limited Client ele activi ties .
The SubGranlec may proceed to in cur costs for the Project upon receipt of an official "N otice lo Proceed '
from the County .
II. WORK TO BE COMPLETED BY THE SUBGRANTEE
The following provisions outline the sco pe of the work to be completed:
TI1e SubGrantee will utili ze CDBG funding to provide staffing al the House of Hop e, which provi des long-
term shelter and supporti ve ervices for homeless families . The si te is loca ted at 3301 S. Grant Street,
Englewood , Co lorado .
A. Payment
11 is expressly agreed and understood that tl1 e total amo unt lo be paid by the County under this
contract sha ll not exceed $25,000 . Drawdowns for the payment of eligible expenses shall be m •<le
again st the line ;1em budgets specified in the Project Budget and in accordance with perfonnance
criteria establi,hed in Section 11-C. The partiei. express ly recogni ze tl10l the SubGrantee is to be
paid with COBO funds received from the federal govemmenl, an·.J th at the obligation of the County
lo make payment to SubGranlee is coniingcnl upon recei pt of ::uch funds . In the event that said
funds , or y part thereof, ore, or become, unavailable, then the Cou nty may immediately tenninale
1
or, amend th is agreem ent. To tJ-.e ex tent C.R .S. § 29-1-110 is appli cab le, any financial ohligati on of
the Co unty 10 th e SubGrantee b~,•ond the current fi scal year is also contingent upon adequ ate funds •
be ing appropriated , budgeted and otherw ise avai lab le .
Upon ex piration of th is Agreement, as id entifi ed by the dea dline in Secti on II. C. 3. be low , the
S ubG rantee shall transfer to th e Co unty an y CDBG fun ds on hand at the time of expira ti on and
any acco unts re cei vable attributab le to the use of CDBG fund s. Th ese transferred funds shall
revert lo the Co unty and be utili zed for other purpo ses.
B. Ti melin e
All Project activities wi ll be com pleted by May 3 1, 2010 unl ess th is Agreement is modified by
mutu al agreement of the Co un ty and SubGrantee .
C. Pe r focmance Criteria
In accordance with the fund ing applicati on submitted by th e SubGrantee for the Project, the ctitetia
li sted below are to be met duting the exec ution of th e Project.
I. Quantifiable Goals:
The SubGrantee will utilize CDBG funds for the continued emplo y1 11ent of staff at th~.
House of Hope located at 3301 S. Grant Street, Englewood , Colorado. Staff members
wi ll be employed by Family Tree, Inc., which pro vides staffing a:• qerv ices at the •
facility. By mai ntaining th e positions , the SubGrantee will pro vio e services fo r a
mini mum of 65 homeless famili es for the duration of th e grant peti od. A tot al of 205
uni que perso ns will be served by the Project.
Th e SubGrantee may co ll ect nominal fees for servi ces provid ed under thi s grant,
prov iding the total of all client-contributed and Cou nty grant fund ~ do not exceed the
costs of program deli very .
2. Co mmunity Impact:
Homel essness -ctisi s mana gement and abilit; to transition through '-•. ·•.tinuum of
care
3. Quarterly Performan ce Standard s:
!unc 30 , 2009:
No req uiremen ts established
September 30, 2009:
Provide services to appro xi mately ! 5-20 families
Approximately 50-60 unique persons served •
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December 31 2009 :
Provid e services to approximately 15-20 fam ili es
Approximately 50-60 unique persons served
March 1 1. 2010:
Prov id e servi ces to approximately 15-20 families
Approximately 50-60 uniqu e persons served
May 31. 20 10 : May 31. 2010 cum ul ative:
Provide serv ices to approximately I 0-1 S families 65 families se rved
Approximately 40-50 uaique persons served 205 unique person s served
Submit final drawdown and completion report to County
D. Reporting Requirements
E.
I. Project repo rts wi ll be due within fifteen days following the end of each ca lendar year
quarter (June I to September 30 report is due October 15; October I to December 31
report is due January 15; January I to March 31 report is due April 15 ; and the fina l
completion report is due May 31) until the Project is comp leted .
2. The official annual audit and/or Financial Statements for the SubGrantee in which both
revenues and expenditures for the CDBG Projects described herein are detai led are due
annually. The 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.
Labor Standards (Davis-Bacon)
Project activities do not require co mplian ce with federal labor stand ards (Davis-Bacon) as it is
exempt (i .e., pub li c serv ice activity, single family home reh abilitation , purchase of material s, or
oth er act ivit y that has been determined exempt from fede ral labor standard s).
F. Lead Based Paint Regulations
If th e act ivit y involv es any co ns truction, demolition, reh abilitation , or any activity related to a
building, and the building was built in 1978 or prior, Lead Based Paint Laws and Regulation~
apply, as estab li shcJ in 24 CFR Parts 35 and 570 .6 08 . If the SubGrantee does not fo llow and
document Lead Ba sed Paint Laws and Regulation complianci th e SubGrantee will not be eli gible
fo r reimbursement.
G. l;nvironmental Review
Notwithstandin g any provi sion of this Agreement, the parti es hereto agree and acknowledge that
this Agreement does not constitute a commitment of funds or si te approval , and that such
cor >itment of fund s or approval may occur only upon sa tisfactory completion of env ironmental
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rev ie w and rece ipt by Arn pahoe Co unt y of a release of fun ds fro m th e U.S. Dep artment of Housin g
and Urban Dev elopm ent und er 24 CFR Part 58. The partie s further agree that the provis ion of any •
fund s to tl1e project is co ndit io ned on Arapah oe Co unty's detennin ati on to proceed with , modi fy, or
cance l the project based t'n the res ult s of a sub seq uent env iro rm1ental re·,iew .
H. Uniform Relocation Act ("J RA)
It has been de tennined that no actio n under L~e t Jniform Relocation Act (U RA) is neces sary.
111. RES PONS IBILITIES OF THE SUBGRANTEE
A. Federal Compliance
The SubGrantec shall comply with all ap plicable federal laws, regulations and requirem ents, and all
provisions of tlie grant agreements received from the U.S. Department of Housi ng and Urban
Develo pment (HUD) by lhe Co unty . These in clude but are not limited to compliance with th e
provisions of th e Housi ng and Community Development Act of 1974 and all rul es, regulations,
guidelines and ci rculars promulgated by the various federal departments , agencies, administrations
and co mmiss ions relating to the CDBG Program . A listing of some of the ap pli ca ble laws and
regul atio ns are as follows:
I. 24 CFR Part 570;
2. 24 CFR Parts 84 and 85;
3. Title VI of th e Civil Rights Act of 1964 ;
4. Title VIII of th e Civi l Ri gn ts Act of 1968 ;
5. Secti ons I 04(b) and I 09 of th e Housing and Comm uni ty De velopment Act of 1974;
6. F11ir housing regulations establi shed in the Fair Housing Act , Public Law 90 -284 , and
Executi ve Order I I 063 ;
7. Secti on 504 of the Rehabilitatio n Act of 1973 ;
8. Asbesto s guid elin es established in CPD Notice 90 -44 ;
9. The Energy Policy and Cons ervation Act (P ubli c Law 94-1 63) and 24 CFR Part 39;
I 0. Equal employm ent opportu nity and minority business enterprise regulations esta bli shed
in 24 CF R part 570.904;
11. Section 3 of the Housin~ and Urban Development Act of1968;
12 . Non-discrimination in employm ent, estab li shed by Executi ve Order 11 246 ;
13 . Lead Based Paint regul ati ons established in 24 CF R Parts 35 and 570 .608;
14. Audit requirements established in 0MB Circul ar A-133; and
15. Cos t principles es tabli shed in 0MB Circul ars A-87 and A-122.
16. Con fli ct of Interest:
a) Applicab ility .
(I) In the procurement of su ppli es, equipment , co nstructio n, and services by
the County and by the SubGran tee, the co nfli ct of interest provi sion s in 24
CFR 85 .36 and 24 CFR 84.42, respectively shall apply.
(2) In all cases not go verned by 24 CFR 85.36 and 84.42, the provisions of
24 CF R 570 .6 11 (2) shall apply. Such cases include the acquisi tion and
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b)
c)
d)
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di spo sit ion of rea l property and th e prov ision of ass istan ce by the ( :aunty
or by it s SubGra nt ces to indi vi du als, bu si nesses , and oth er private tntities
und er eligi ble activi tie s that authori ze such ass istan ce (e.g ., re habi htation ,
pre servati on, and other improv ement s of private properti es or fac ilities
pu rs uant lo 24 CFR 570 .202 ; or grant s, loans, and other assist: nee lo
businesses, individuals , and other private entities pursuant lo 21 CFR
570 .203, 57 0.204, 570 .455 , or 570 .7 03 (i)).
Co nflicts prohibited. The general rule is that perso ns descr bed in
paragraph (c) of thi s section who exerci se or have exercised any ftmctions
or respon sibili ties with respect to CDBG activities assisted under tnis part,
or who are in a position to participate in a dec isio n-m aki ng proces:: or gain
in si de information with regard to such acl!vities, may obtain a 'inancial
interest or benefit from a CDBG-assi sted act ivity, either for them ,elves or
tho se with wh om they have l>usiness or immediate family ties, du:ing their
tenu re or for one year thereafter.
Persons covered. The conflict of interest provisions r,f paragra/h (b) of
this section apply to any person who is an employee, agent, o msultant,
officer, or elected official or appointed official of the Co1mtf, or any
designated public agencies, or of the SubGrantee that are receiv d ng funds
under this part .
Exceptions . Upo n the written request of the Co unty, HUD ma/ grant an
excepti on to the provisions ofparagiaph (b) of this section on a cise-by-cru;e
basis when it has satisfactorily met the thresh old requiremen l3 c.f (d)(l) of
thi s section, taking into aocount the cumulative effects of paragraph (d)(2) of
this section .
(1) Threshold requirements . HUD will co nsi der an exceptio n only after
the Co unty has pro vid ed the foll owing documentation :
A di sclosure of the nature of the co nflict , accomp mied by an
assurance that there has been public disclosure of the conflict and
a descri ption of how the publi c disclosure was made; and
ii . An opinion of the County 's attorney that lhe interc:·t for which
the exemption is sought would not violate Sate or local law .
(2) Fa ctors to be considered for exceptions . In determining whether to
grant a requested exceptio n after the County has sati sfac torily met the
requirements of paragraph (d)(l) of this section, HUD shall conclude that
such an exception will se1ve to further the purposes of the fl ct and the
effective and efficient admin is tration of the Co unty 's program or project,
taking into account the following factors, as appli cab le:
i. Whether the exception would pro vi de a significant rnst benefit
or an essential degree of expertise to the program or 1 •roject that
would Qtherwise not be availabl e;
ii. Whether an opportunity was provided for open c >mpetitive
bidding or negotiation ;
ii i. Whether the person affec ted is a member of a group or class of
low-or moderate-rn cor,,c persons intended to be the
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ben efi ciari es of th e ass isted ac tiv it y, and th e excep ti on wi l
pc nnit such perso n to receiv e gen erally th e same in te rests or •
be nefits as are bein g made avai lab le or prov ided to the grou p or
class;
iv. Whether th e affected person has withdraw n fr om hi s or her
fu ncti ons or respo nsibi liti es , or th e deci sion making process with
respect to th e spec ifi c ass isted activity in questi on;
v. Whether the interest or benefit was prese nt before the affected
person was in a positi on as described in paragniph (b) of thi s
section ;
vi. Whether undue hardship wi ll res ult either to th e Co unty or th e
perso n affected when weighed again st the publ ic interes t served
by avoid ing th e prohibited conflict; and
vi i. Any other relevant co nsid eration s.
17. The SubGrantee cann ot engage in a federa ll y funded co ntra ct with any entit y
regis tered in the Lists of Parties Excluded Fro m Federal Procurement or
No npro curement Progr ams .
B. Non-A ppropriatio ns Clause
The SubGrantce agrees that it will incl ude it: every contract it enters, which relies upon CDBG
monies for funding , a n0n-appropriation clause that will protect it self, and th e Count y from any
li ab ility or rcsponsibi!i ty or any suit whi ch might result from the discontin uance of CDBG fund in g
fo r any reason. Beca use this SubGrantee Agreement invol ves fund s fr om a federa l b'l'ant , to the •
exten t th ere is a co nfli ct th e fund ing prov ision s of thi s SubGra nt ee Agreement , th e federa l grant and
th e fed era l stat ut es co ntrol rather th an the provi sions of Secti on 24-9 1-I 03 .6, C.R.S. with regard to
any pub lic wo rk projects.
C. Expe nditur e Restriction s
All CDBG fun ds that are appro ved by 'HUD for expenditure under tltc Co unt y's gra nt agreement ,
includin g those th at arc identified fo r the SubGrw1tee's Projects and acti viti es , shall be all oca ted to
th e specifi c projects and activiti es described and listed in th e grant agreements . The all oca ted fund s
shall be used and expended on ly for th e proj ects and acti viti es for which the fund s are identified .
D. Agreement Change s
No proj ec ts or act iviti es, nor the amo unt all oca ted th ere fore , may be changed with out approva l by
the Co unt y and accc pt w1ce of the revi sed Fi nal Stateme nt and/or Conso lid ated Plan by I-I UD , if'
req uired . Changes must be requested in writi ng an d may not begin until a mod ificati on to thi s
Agreement is fu ll y exec uted.
E. Direct Project Supe rvisio n and Ad mini stratio n
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The SubGra ntce shall be rcspnnsihle for the di rect supe rv is ion an d ad mi nistration of it s res pective
projects nr activiti es. ·n,is tas:i . ha ll be rr ceo mpli shcd through tir e use e>f the SubGran tee's staff,
age11 cy and employees. Tir e SubGrnntcc sha ll be res pons ible for rrny injury to persons or da mage to
propeny re sulting fro m the ne gligent act s or crrnr5 and omi ss ions of it s staff, agen ts an d employees.
Becau se th e SubGrantee is re spon sible for th e direct su pervi sion nnd adminis trat ion of its proj ects
or ac tiv ities, th e Cou nty shall not be li able or responsible for cos t overruns by th e SubGrantee on
any projects or activ ities. The Coun ty shnll have no du ty or obli ga tio n lo provide any additi onal
fun ding to th e Su bGran tee if it s project s or activities ca nn ot be co mple ted with th e fun ds all ocated
by the Cou nt y to th e SubGrant~e. Any cost ovemrn s shall be the so le res ponsibi li ty of the
SubGra nt ee.
I. Th e Su bG ran lee agrees that all fun ds all oca ted to it fo r app roved p ·~j ects or activiti es
shall be used so lely fo r tne pu rposes rr pprovcd by th e Cou nt y. Sa i,~ f•md s shall not be
used fo r any non-approved purposes .
2. Th e SubGranl ee agrees th at the fund s alln crrted for any app rov ed proj ects or acti viti es
shall be sufficient to co mpl ete said projects or ucti viti es without an y addi!i onal CDBG
funding .
F. Indemnity
To the extent all owed by law, th e SubGrantee shall ind emn ify and hold ha nnless th e Co unty and its
elected and uppointed offi cials , officers , empl oyees and agen ts fro m and agnin st any and all lo sses,
da, ages, li ab ilities, cl aim s, sui ts, actio ns or costs, includin g ntt omcys fe es, mnde , ass erted or
incurred as a res ul t of any dmn oge or all eged damage to perso n or pro pert y occasio ned by th e acts
or omi ssio ns of Su bGrantee, it officers, empl oyees , uge nt s, contruc tors or subcontractors, ari sin g
out of or in any way co nnected wi th the Proj ect or th e pcrfo nnnn cc of th is co nt ract.
C . Bondin g and Insurnncc
If the SubGra nt ee's proj ects in volv e cons tructi on activi ties, rrn y ontrnc tor it uses fo r snid activ iti es
shall be req uired to provide and maint ain , until fin al ucccpurn ce by th e SubGru ntec of nil work by
such Co nt racto r, th e kind s an d min imum amounts of in ,urn ncc rrs fo ll ow s:
I. Comprehen siv e General Lia bility: In tl1 e mnount of not less thn n 1,000,000 co mbi ned
si ngle limit. Coverage to in clud e:
a. Premises Operati ons
b. Product s/Co mpl eted Opera tions
c. Broa d Fo nn Co ntractu al Li ab ilit y
d. ind epende nt Co ntractors
e. Broad Fonn Pro perty Dmnage
f. Empl oyees as Ada itional Ins red
g. Pe:so nal Injury
h. Ars pahc e ,: .,unty an d th e SubGra nt ce as Addit,.:mn l Nnrne,. I ,sured
i. Waiver u t 511brogat ion
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2, Co mprehens ive Automob il e Li abi li ty: In the amount of not less th un $1,000 ,000 •
combined single limit for bodil y injur y und propc11y dnmugc. Co vcrngc lo in cl ud e:
a. Arapahoe County and the SubGrantec as additi onal Na med In sured
b . Waiver of Sub rog ati on
3. Empl oyers Liability and Workers Compe nsat ion : The Contra ctor sha ll secure and
maintain emp loyer's liability and Worker's Comp ensati 0n Insuran ce thut wi ll protect
it agai nst any and all claim s res ultin g from injuries lo nnd denlh of work ers engaged
in wo rk und er any con tract funded pursuant to thi s agree ment. Co verage to inc lude
Waiver of Subrogation .
4. All referenced insurance policies and/o r cert ifi cates of insu rance shall be subject to
the fo ll owing stip ul ations :
a. Un derwriters shall have no rights of recovery subrogatio n against Arapaho e
County or the SubGrantee; it being the inten t of the parties that the in surance
poli cies so effected shall protect the perti e an d be primary coverage for any
an d all losses covered by the des cri bed in su:ance.
b. The clause eotitled "Other Insurance Provis ions " co ntai ned in any poli cy
includ ing Arapaho e Co unty as an addition al named insured shall not apply
to Arapahoe County, or the Sub Grantee .
c. The insurance companies issuing the policy or policies shall have no
recourse against Arapahoe County, or the SubGrantee for paymeot of any
pre mium s due or for any assessments under any fonn of any policy. •
d. Any and all deductibles con tained in any insurance poli cy shall be ass um ed
by and at th e sole risk of the Contractor .
5. Certificate of In surance: 111e Contractor shall not co mmence work und er any
co ntract funded pursuan t to this Agreement unti 1 he has submi tt ed to tl1e
SubGrantee, rece ived approval thereof, certi fi cates of in surance showing that he has
compl ied with th e fo regoi ng in su ran ce req ui rements. The SubGrant ee shall also
submit a copy of the Contractor's ce rtifi ca tes of insurance to the Co unty.
6, Notwithstanding the provisions contained in thi s paragrap h (H) set fo 11h
herein abo ve, the Co unty reserves the right to modify or waive said provi sions fo r
projects or activities fo r which th ese provisions wou ld prove prohibitive. The
SubGrantce understands , however, that the decision to waive or modify th ose
prvv isions is fully with in th e di scretion of th e County.
In accordance with 24 CFR parts 84 and 85 , the follow in g bondin g requirements shall app ly to all
projects ex ceed in g the si mpli fied acq ui sition thresho ld (cu rrentl y $100,000):
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3.
A bid guarantee from each bid der equivalent to 5% of the bid price;
A pcrfo nnan ce bond on the part of the co ntrnctor for I 00 % of the con tract price; nnd
A pn}on en t bond on the part of the contra ctor fo r I 00% of th e contract pri ce. •
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H. Records
·The SubGranlee shall maintain a comp lete set of books and reco rd s docu mentin g its usi· of CDBG
funds and its supervi sion an d administration of the Project. Records are to indude documentation
verifyi ng Project eligibi lity and nati ona l object iv e compli ance, as well as t;nancial and other
admi nis trati ve aspects involved in performing the Project. The SubGrantec ,;ha ll provide full
access to these books and records to the County, th e Secretary of HUD or hi s dei;ignee, the Office
o f In specto r General, and the General Acco unting Office so that compliance with Federa l laws and
regulations may be co nfinned . The SubGrantee further agrees to provide to the Co unty upon
request, a copy of any audit reports pertai ning to the SubGrantee's financia l operations during the
term of this Agreement. All records pertaining to the Proj ect are lo be maintained fo r a minimum
of five years fo ll owing close-out of the Project.
I. Reporti ng
TI1e SubGrantee shall file all reports and other information necesswy to comply with app li cab le
Federal law s and regulations as required by the County and HUD. This shal l include providing lo
the Cou nty th e infonn ation necessary to complete annual Pcrfonnance Rer,orts in a timely fashion.
J, Timeliness
The SubGrantee ~nail comply with the quarterly peifonnance standards established in Section 11-C
of thi s Ab'l"eement. The SubGranlee understands that failure lo comp ly with th e estab lis hed
standards may lead to a cancellation of the Proj ect and a loss of all unexpen ded funds.
K. Reimbursement for Expe nse s
TI1e SubGrantee agrees that before th e Co unty can distribute any CDBG funds lo it, tl1e SubGra nt ec
mu st submi t to the County's Hou sing and Commun it y Development Servi ces Division
documentati on in th e fonn required by th at Divi sion which properly and fully identifies the amo unt
which the SubGranlee is requestin g al that time . The County shall have ten (I 0) working days lo
review the request. Upon approval of tl1e request , the Co unty wi ll distribute the req uested fund s lo
the SubGrantee as soon as possible.
L. Program In co me
All program in co me directl y derived from the Arapahoe Co unty Community Devel opment Block
Grant Program received by the SubGrantee wi ll be retained by the SubGranlee und wi ll be
dispersed for its uppr ve(I CDBG Proj ect activ iti es before additional CDBG fund s arc requ ested
from the Coun ty. Following comp leti on of tl1e SubGrantee's Arapahoe County CDBG Proj ects, nil
program in come direct ly gencrnted from tl1e use of CD BG funds wil l be remitted to th e Cou nty.
M . Real Property
Reul pr pcrty acquired in whole or in part with CDBG funds slnli be uti lized in accordance with
th e scope ond goa ls ide ntifi ed in Sections I and II of th is Ab'feement. Shou ld the property in •
question be so ld or 01he1wise di sposed of, or :~,e approved property usage disco ntin ued , the
SubGrnntee sha ll ad here 10 the requirem ent s of 24 CFR Parts 84 or 85 (as app licable) regard ing the
use and di spos ition of real propert y.
N. tatc and County Law Cumpli:111cc
All resp onsibiliti es of the Sub Grunt cc en umerated herein shall be subj ect to appli cab le State
statutes an d Co unt y ordin ances, resol uti ons, rul es , an d regulati ons.
O. S ubcontracts
If subco ntracts are used on the Project, the Sub Gru nt ee agrees th at the provis ions of th is Agree men t
shall apply to any sub co nt rac t.
P. Suspension or Termination
This Agree ment may be immedi atel y suspend ed or termin ated upon written notifi cation from th e
County if th e SubGranlee materi all y fa il s to compl y with an y term of thi s Agreement. Thi s
Agreemen t may also be term inated for conven ience by mutu al agreement of the Coun ty and the
Su bC rant ee.
Q. In th e eve nt th at the Unit of Gen era l Local Gov errun ent shoul d with draw fro m the Coun ty's •
"Urb an County " designati on, thi s AgrL'Cment shall tcnnin ate as of th e termin at ion date of th e
Co unty's COB O grant Ab'feem ent with HUD.
R. The Su bGra nt ee cc11i fi cs th at 10 the best of it s knowl edge and beli ef:
I. No Federa l appropriu ted fu nd s have been pai d or wi ll be paid, by or on behalf of it,
to any perso n for influ encing or att emptin g to infl uence an officer or empl oyee of
any agency, a Memb er of Congress, an officer or em ployee of Co ngress, or an
empl oyee of a Mem ber of Co ngress in co nn ectio n wi th th e awardi ng of any Fed era l
co nt ract, th e makin g of uny Fedem l gra nt , U1 c mak in g of an y Fed eral loan , th e
ent erin g int o of any coo peruti ve agree ment , and the ex ten sion, co ntinu ut ion,
rene wa l, amen dment , or modificati on of uny Federal co ntra ct, gran t, loan, or
coo perati ve agree ment ; end ,
2. If any fund s other th an Federa l npp roplia tccl fi.i nds have been paid or will be paid to
any perso n fo r inOu encin g or att empti ng to influ ence an officer or employee of any
agen cy, a Member of Congress, an offi ce r or employee o f Co ngress , or an empl oyee
of a Memb er of Congress in co nnecti on with thi s Federal co ntra ct, grant, loa n, or
coo pera tive agreement , it wil l co mpleie and Sll bmit St and ard Fo nn-LLL,
"Di scl osu re Fonn to Report Lobby in g," in ucco rd ance v·ith its instructio ns.
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IV.
S. Disallow a nee
If it is determined by HUD or other federal agency that the expenditure, in who le or in part, for th e
SubGrantee's Project or activity was improper, inapp ropria te or ineligible for reimbursement , then
the SubGrantee sha ll reimburse tl1e Co unt y to the full extent of th e disallowance .
R ESPO NS IBILITI ES OF THE COUNTY
A. I dminlstrativc Control
n,e Parties recognize and understand that the County wi ll be the governmental en ti ty required to
execute all gra nt agreements received from HUD pursuant to the County's req uests for CDBG
funds . Accordingly, the SubGrantee agrees that as to its projects or activities performed or
conducted und er any CDBG agreement, the County sha ll have th e necessary admi nistrative co ntrol
required to meet HUD requirem ents.
B. l'crformancc and Co mpli ance Monitoring
The Co unty's administrative ob li gations to the SubGrantee pursuant to paragraph A above shall be
limited to the performance of the admi ni strative tasks necessary to make CDBG funds available to
the SubGrantee and to provide Housing and Co mmunity Development Services staff whose job it
will be to monitor the various projects funded with CDBG monies to monitor com pliance with
applicab le Federal laws and regulations .
C. Reportin g to HUD
The Co unty will be responsib le for seeing that all necessary repo1ts and information req uired of the
Count y are filed with HUD and other applicable Federal agencies in a tim el y fa shion .
V. EXTENT OF TliE AGREEMENT
This agreement, including any docu ments attached as exhibits which are hereby incorporated herein
by reference, represents the enti re and integrated agreement between the County, and SubGrantee
and supersedes all prior negotiations , representations or agreements , either written or oral. Any
amendmen ts to this agreement must be in writing and signed by both the Cou nty, and SubGrant ee.
If any portion of this agreement '.s foun d by a co urt of competent jurisdiction to be void and/or
unenforceable, it is th e intent of the partier that the remaining portions of this agreement sha ll be of
full force and effect.
VI . NOTI CES
Notices to be provided under thi s Agreement shall be given in writin g and either delivered by hand
or deposited in the United States ma il with sufficient postage to the addresses set forth:
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To the Co unt y: Arapahoe Co un ty Attorney
5334 S. Prince Street
Li ttl eton, CO 80166
Arapahoe County Housing anct Commu ni ty Development Serv ices
1690 W. Li tt leton Bl vd., #300
Littleton, CO 80 120-2069
To th e Sub Grant ee: City of Englewood
1000 Englewood Parkway
Englewood, CO 80 I I 0
Famil y Tree, Inc .
3805 Marshall Street
Wh eat Ridge, CO 80033
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In Wi tness Whereof, the Parties ha ve caused thi s Agreeme nt to be du ly executed thi s _____ day
of ___________ ~ 2009.
SubGrantee: City of Englewood
Signature
Title
SubGrantee : Family Tree, Inc.
Chief Ex ecutive Officer
Title
Board of Co unty Comm is sioners
Arapahoe County, Colorado
Don Klemme on behalf of the Board of County Commissioners
Pursuant to Reso lution #090191
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PROJECT BUDGET
COLUMN A COLUMNB COLUMNC CO!.,UMND
ProjccrActlvUlcs Esllm11ed Total Cos! of CDRG Fu11d1 Other Funds Commllltd
~ttlry by line 11cm) Acllvlty
Personnel S32S,S9J .OO $2 5,000 .00 S300,S9J .OO
Opcmtingcosu S222 ,581 .00 so S222,S81 .00
TOTAL: SS48 ,1 74 .00 Sll,000.00 $523 , l 74 .00
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COUNCIL CO MMUNI CATI ON
Date: Ag enda It em: Subje (t:
May 18, 2l. 1 1 a i lnl~rgovernm ental Ag ree m ents be tween th e City
and A rapa hoe County
Init iated By: I Staff Sou rce :
Community D evelopment D epa rtm ent )•net Grim me tt, H ous in g Finance Spec ialis t
CO UNCIL GOAL AND PRE VIO US CO UN CIL ACTIO N
Council passe d O rdinance N o. 13, Se ries of 2006, th at was m odifi ed by Amendm en t N o. 1 dated
Februa ry 12, 2007 relati ng to participati on in the U rb.n County Entitlement Pro gram fo, CDBG and
H OME funds fo r 2007 th ro "gh 2009; and , passage of Reso luti on N o. 71, Se ries of 2008 supportin g
Housing and Co mmunity D evelo pm ent th at authorized sub mitting applications fo r 2009 CDBG
fu nding.
RECOM ME NDED ACTION
Staff recommen ds Coun cil approve a bill fo r an ordinance authori zing th e executi on ,.A th ree
Intergove rnmen ta l Subgranlee Agree ments between the Arapahoe Boa rd of Coun ty
Commission ers and the City of Englewood for th e 2009 Arapa hoe Coun ty Commun ity
D evelopment Block Grant Program .
BACKGROUND, ANALYSI S, AND ALTER NATIVES ID ENTIFIED
The Federal Community Develop ment Bl ock Grant (CDB G) Pr ogram provides grants 10 un its of
local governm ent and urban co unti es 10 m ee t housing and community development nee ds. Th e
objecti ve of th e Pro gram is ac hieved through proj ec ts de veloped by th e local govern me nt th at are
des igned to give pri ori ty 10 th ose ac tiv iti es th at ben efi t low-and moderate-income fami li es. Fun ds
are all ocated by statutory fo rm ul a to eac h en ti tlement area. Arapahoe County is an ap proved
entitlem ent area . Th e grant fund s are distri b uted by Arapa hoe Coun ty 10 eac h participatin g city
w ith in th e coun ty.
For FY2009 , fu nds are app rove d to suppo rt th e fo ll owing p rojects:
1. $65,000 fo r th e H om eowner :=ix-U p Project lo adminis ter, m onit or and prov ide grant s l o
im prove th e vis ual appea rance of 15 low-i ncome owner-o ccupi ed homes w ithin
designa ted neighborh oods in th e City.
2. $60,000 fo r N orthwest Engle"Noo d Si dewa lk Pr oj ec t Phase II l o ins tall app roxi mately 4 b locks
of sid ewa lk in th e no rth wes t Englewood res id ential area alon g th e eas t si de o f So uth
Zun i Str eet fro m West Eva ns sou th 10 West Cas pi an Ave nu e .
3. $25,000 fo r th e H ous e of H o pe Projec t l o assis t w ith staffi n g for em p loyees.
FINANCIAL IMPACT
Th e existing emplo yees in Community Deve lopm ent are avai lable to adn,inister the projects and
th eir salari es and benefits are part of th e City's co ntributi on. The City wi l uti lize a portion r,f the
CDBG funding fr om th e Homeowner Fi x-Up Pr ojec t (est. $5 ,000) to part ally offset the costs of
those sala ri es and bene fits .
LIST OF ATTACHMENTS
Pr oposed Bill fo r an Ordinanc e
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FINANCIAL IM~/.CT
The exis ting employees in Community D eve lopment are avai lable to adminis ter th e projects and
th eir sala ries and benefits are part o f th e City's contribution. Th e City will utilize a portion o f th e
CDBG fund ing from th e H o meowner Fix-Up Proj ec t (est. $5 ,000) to partially offset th e costs of
th ose salari es and benefits .
LIST OF ATTACHMENTS
Pr o posed Bill for an Ordinance
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