HomeMy WebLinkAbout2008 Ordinance No. 030•
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ORDINAN CE NO . .30
SERIES OF 2008 --
RY AUTHORITY
CONTRACT. NO, 7"1-)(XJ,a}
COUNC IL BILL NO . 33
INTROD UCE D BY COUNC IL
MEMB ER MOORE
AN ORDINANC E APPROVING AND AUTHORIZING THE EXECUTION OF THREE
INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR THE YEAR
2008 BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMl~~IONERS AND
THE CITY OF ENGLEWOOD . COLORADO .
WHEREAS , th e City Council of the City of Englewood approved the executi on of an
Intergovernmental Agreement between the City of Englewood and Arapahoe County by
passage of Ordinance No . 39 , Series of 1994 , covering the City 's panicipation in the
Arapahoe County CDBG Entitlement Program as extended by Amendment No . 3, for
funding years 2004 through 2006; and
WHEREAS. the EnglewoJ City Counc il pas sed Ordinance No . 13 , Series of2006
and that was modified by Amei·,i ment No . I dated February, 2007 rel ating to
panicipation in the Urban Cou: · y Entit lement Program fo r CDBG and HOME fund s for
2007 through 2009 : and
WHEREAS , the Englewood City Council passed Reso luti on No . 86, Series 2007
supponing Housing and Commu nit y Development that authorized submitting application
for 2008 CDBG funding; and
WHEREAS. the project by the City of Englewood kn own as the "Pasco Proj ect Ph ase
D" ha s been categorized as public fa ci lity project; and
WHEREAS . the project by the City of Englewood known as the "Homeowner Fix-Up
Project " has been categorized as a housing rehabilitation project for low -income owner-
occupied homes within designated neighborhood s in the City; and
WHEREAS , th e project by the City of Englewood known as th e "Hou ;e of Hope
Staffing Project " has been categorized as a public service activity;
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , CO LORADO , THAT .
Section I. TJ1c Subgrantee Agreement for the 200 8 Arapahoe Co unt y Community
Development Bl ock Grant-Pasco Proj ect Ph ase U. atta ched heret o as Ex hibit A, is
hereby accepted nnd approved by th e Eng lewood Cit y Co uncil.
Section 2. The Subgrantee Agreement for th e 2008 Arapahoe County Communit y
Development Bl ock Grant -Homeowner Fix-Up Project , attached hed,y as Exhibit B,
is hereby accepted and appro ved by the Englewood City Co unci l.
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Scc 1i on 3. rh c Subgrn n1c c Agrec1ncnt fo r 2008 Ar:ipahoc Co unl y Communit y
Developme nt Bl oc k Gra nt -House of 1-l ope Staffin g l'rojee 1. a11a ehcd hereto as xhibll
C. is hereb y accep ted and ap proved by th e Englewood Cit y Co un cil.
Section 4. The Mayo r an d Cil y Clerk arc hereby auth ori zed 10 sign and a11es1 snid
Agreements fo r and on behalf of th e City of Englewood. Co lorad o.
Sec ti on 5. The Cit y Mana ger shall be auth ori zed 10 furt her ex tend ancVo r nmend 1he
sub grantee agreemen1 s for the 2008 Arapahoe Co unt y Co mmunit y Developmen t Bl oc k
Grant Program for three yea rs.
lmroduced . read in fu ll . and passed on first readin g on th e 16th da y of Jun e. 20C,8.
Publi shed as a Bill for an Ordinance on the 20th day of June . 2008.
Read by 1i1le and passed on final reading on the 7th da y of Jul y, 2008 .
Published by 1i1l e as Ordinance No .30. Serie s of 2008. on the I l!h da y of Jul y,
2008 .
Jame s K. Woodward , Mayo r
I, Loucri shi a A Elli s. Cit y Clerk of1h e Cit y of Englewood. Co lora do, hereby ce rtify
tha1 t,1c above and foregoing is a true copy of th e Ordinance pa ss ed on final read,11g and
publi shed by 1i1lc as Ord in ance No .30, Series of 200 8.
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SUBGRANTEEAGREEMENTFOR
ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: CITY OF ENGLEWOOD
PROJECT NAME: PASEO PROJECT PHASE 11
PROJECT NUMBER: ENPF 815
This Agreement is made by and between the Board of County Commissioners of the County of Aapahoe,
State of Colorado, for the Community Development Block Grant Program in the Community R~ource i
Department (hereinafter referred to as the County) and th e City of Englewood (hereinafter referredn as the
SubGrantee) for the condu ct of a Community Development Block Grant (CDBG) Project.
I. PURP OSE
The primary objective of Title I of the Housing and Community Development Act of 1974, as .11ended,
and of the Community Development Block Grant (CDBG) Program under this Title is the developien'. d
viable urban commullicies, by providing dec.ent housing, a suitable living environment anJ eJPanding
economic opportunities , principally for low and moderate income persons.
The project by the SubGrantee known as the Paseo Project Phase II (Project) has been categoti!ed as a
Public Facility project and the SuhGrantee will maintain documentation ~•ith the national objectiVI of Area
Benefit activities.
The SubGrantee may proceed to incur costs for the Project upon receipt of an official "Notice to Proceed"
from the County.
Il. WORK TO BE COMPLETED BY THE SUBGRANTEE
The following provisions outline the scope of the work to be compl eted:
The SubGrantee will utilize CDBG funding to complete Phase II of the recon stru ction of a 6,000 square
foot walkway owned by the City of Englewood into a lighted, active public plaza, known as the Pasco
Project. The walkway is located between two his ,~ric buildin gs in downto wn Englewood in the 3400 block
of South Broadway. Phase II of the project will includ e in ,tallntion of new sec urity lighting , irrigation
systems, trees , land sca ping, site furnishin gs , and pl aza paving.
A. Pay men t
It is expressly agreed and understood that the total amount to be paid by the Co unty under this
contract shall not exceed $130,000. Drawdowns for the payment of eligible expenses shall be made
against the line item budgets specified in the Project Budget and in accordance with performance
criteria established in Section II-C. The parties expressly recognize that the SubGrantee is to be
paid with CDBG funds received from the federal government, and that the obligation of the County
to make payment to SubGrantee is contingent up on receipt of such fun ds. In the event that said
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fu nd s, or any part thereof, are, or be come , un availab le , then the County may immed iately terminate
or, amend thi s agre ement. To the extent C.R.S . § 29-1-110 is applicab le, any fina ncial obligati on of •
the County to the SubGrantee beyond the current fiscal year is also co ntingent up on adequate funds
being appropriated , bud ge ted and otl1erwi se available .
Upon expiration of this Ab>reement, as identified by the deadline in Section II . C. 3. below, the
SubGrantee shall transfer to th e County any CDBG funds on hand al the tim e of expiration and
any accounts receivab le attributable to the use of CDBG funds. These transferred funds shall
rev ert to the County and be utilized for other pm-poses.
B. Timeline
All Project activities will be completed by May 31, 2009 unl ess this Agreement is modified by
mutual agreement of the County and SubGrantee.
C. Performance Cr iteria
In accordance with the fund ing application submitted by the SubGranlee for the Project, the criteria
listed belo lo be met during the execution of the Project.
I . Quantifiable Goals:
The SubGrantee will utilize Ct'~G fund s to complete Phase II of the reconstruction of a •
6,000 square foot walkway own , by the City of Englewood into a lighted, active public
pl aza, kn own as the Paseo Project. The walk-way is lo cated between two historic buildings
in downtown Englewood in the 3400 block of South Broadway. Phase II of the project "~II
include installation of new sec urity lightin g, irrigatio n syste ms , trees , landscaping , site
furnishings, and plaza paving . All construction is to be performed in accordance with
applicable industry and local codes and standards, as well as the Americans with
Disabilities Act {ADA).
2. Community Impact:
Acces sibility-in crease public area bccess, in crease ped estrian access
Recreati on -co mmunity usage, visuai attractiveness
3. Quarterly Performance Standards:
June 30, 2008:
No requirements established.
September 30, 2008:
Begin advertising and bid process
December 31, 2008: •
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Open bid s, select contractor and execute const ru ction contract
Begi n construc ti on
March 31. 2009:
Continue constru ction (in stall site furnishings, lighting, additional paving)
May 31. 2009 :
Insta ll irrigation system, trees, plantin gs, and mul ch
Complete construction
Submit final drawdown and comp leti on report to County
D. Reporting Requirements
E.
I. Proj ect reports will be du e within fifteen da ys follov ·ing the end of each calendar year
quarter (June I to September 30 rep ort is du e October 15 ; October I to December 31
repo rt 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 Proj ect is completed.
2. The official 3IU1Ual audit and/or Financial Statements for the SubGrantee in which both
revenues and expenditures for the CDBG Projects described herein are detailed are due
annually. The last completed official annual audit report and/or Financial Statements
shall be due on May 31 . and for four (4) years thereafter on May 31 .
Lnbor Standards (Davis-Bacon)
Project activities require complian ce with federal labor standards (Davis-Bacon). SubGrantee is to
co ntact Arapahoe Co unty Housing an d Community Devel opment Services Divis ion staff for
informati on regarding federal labor standards com pliance prior to bidding th e Proj ect. SubGra ntee
shah comply with all applicable federal labor standards.
F. Lea d Based Paint Regulations
If the activi ty involves any construction, demolition , rehabilitation, or any activi ty related to a
building, and the bu ildin g was built in 1978 or pri or, Lead Bas ed Paint Laws and Regulations
apriy, as establi shed in 24 CFR Parts 35 and 570 .608. If the SubGrantee does not follo w and
doc ument Lead Based Paint Laws and Regulation compliance, the SubGrantee will not be eligib le
fo r reimbu rsement.
G. Environmental Review
Notwithstanding an y provision of this Agreement, tl1e parties hereto agrer and ackno wledge that
thi s Agreemen t does not constitu te a commitment of fun ds or site approvnl, and that such
commitm ent of funds or approval may occur cnly upo n satisfactory co mpletion of environmental
revi ew and rece ipt by Arapahoe County of a release of funds from the U.S . Department of Ho using
• and Urb an Devel opment under 24 CFR Part 58 . The parti es furthe r agre e that th e provi sion of any
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funds to th e projec t is conditioned on Arapahoe County's detenn in ation to proceed with , modify, or
cancel the projec t based on the results of a subsequent env imnmental rev iew. •
H. Uniform Relo catio n Act (U RA)
It has been detennined th at no act ion un der the Unifonn Relocation Act (URA) is necess ary.
I. Reve r sion of Assets
Any real property un der the SubGrantee's control that was acqu ired or improved in whole or in part
with CDBG funds in excess of $25,000, in cludin g CDBG funds provided to the SubGran tee in the
fom1 of a loan , shall eitl1 er be:
I . used to meet one of the national objectives in 24 C.0 R Part 570.208 until fi ve years after
expiration of the Agreemen~ or for such lon ger period of time as is detcrmineJ
appropriate by the County; or
2. not us ed in accordance with Section II.I. I , in whi ch event the SubGrantee shall pay to
the Count )· an am ount equal to the current market val ue of the property less any portion
of the vall.'e attributable to expenditures of non-CDBG funds for the acquisition of, or
improvem ,nt to , the property. The payment is program income to the County. No
paymen ( :t required after the period of time specified in Secti on II.I.I.
Should extensive renovations which would . equire the SubGrantee to discontinue usage of the •
property for more than 45 consecutive cak:ndar days be necessary during the occupancy peri od, the
SubGrantee may request a waiver from th e County for the continuous usage requirement. The
waiver is to be requested in writing no less than 30 calendar days prior to the 11ntici pated date of
discontinued usage .
If the facility is no longer utilized contin uously by the SubGrantee for th e purpose of meeting one of
the nati onal objectiv es in 24 CFR Part 570.208 for a period of no less than five calendar years from
the initial date of irnprov emen~ then the SnbGrantee shall notify the County in writing no less than
30 cak11dar days prior to the anticipated date of discontinued usage.
m. RESPONSIBiLITIES OF THE SUBGRANTEE
A. Federal Compliance
The SubGrantee shall compl y with all appli abl e federal la ws, reg ul ations and req uireMe nt s, and all
prov ision s of the gran t agreem ents received fr om the U.S. Department of Housing and Urb an
Development (H UD) by the Co unty. Th ese in clud e but are not limited to compliance with th e
pro vi sion s of the Housin g and Co mmunity Developm ent Act of 1974 and all ru les , regulation s,
guidelines and circu lars pr mul gated by th e various federal departments , agencies , ad mini strati ons
and commissi ons relatin g to th e CDBG Program . A listin g of some of the app li cab le laws and
regul ations ar~ as fo ll ows: •
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I . 24 CFR Part 570;
2. 24 CFR Parts 84 and 85;
3. Title VI of the Civil Rights Act of 1964 ;
4. Title vm of the Civil Rights Act of 1968;
.5. Sections !04(b) and 109 of the Housing and Community Development Act of 1974;
6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284 , and
Executive Order I 1063;
7. Section 504 of the Rehabilitation Art of 1973;
8. Asbestos guidelines established in CPD Notice 90-44;
9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39;
I 0. Equal employment opportuni ty and minority business enterprise regulations estab li shed
in 24 CFR part 570 .904;
11. Section 3 of the Housing and Urban Development Act of 1968;
12. Non-discrimination in employment, establi shed by Executive Order 11246;
13. Lead Based Paint regulations established in 24 CFR Parts 35 and 570.608;
14. Audit requirements established in 0MB Circular A-133; and
15. Cost principles established in 0MB Circulars A-87 and A-122.
16. Conflict of Interest:
a) Applicability.
(I) In the procurement of supplies, equipment, construction, and servkes by
the County and by the SubGrantee, the conflict of interest provisions in 24
CFR 85.36 and 24 CFR 84.42, respectively shall apply.
(2) In all cases not governed by 24 CFR 85.36 and 84.42, the provision.1 of
24 CFR 570.6 1 I (2) shall apply. Such cases include the acquisition llD<
disposition of real property and the provision of assistance by the County
or by its SubGrantees to il)dividu als, businesses, and other private entities
under eligible activities that authorize such assistance ( e.g., rehabilitation,
preservation, and other improvements of r .i vate properties or facilitien
pursuant to 24 CFR 570.202; or grants, loans, and other assistance to
businesses , individuals , and other private entities pursuant to 24 CFR
570.203, 570 .204, 570.455, or 570.703 (i)).
b) Conflicts prohibit ed. The general rule is that persons described in
paragraph (c) of this section who exercise or have exercised any func tio ns
or respo nsibilities with respect to CDBG activities assisted under this part,
or who are in a position to partic;pate in a decision-making process or gain
inside inform ation with regard to such activities , may ob tain a financial
interest or benefit from a CDBG-assisted activity , either for themselves or
tho se with whom they have business or immediate fam il y ties, during their
tenure or for one year thereafter.
c) Persons covered. The confl ict of int erest provis ions of paragraph (b) of
this sec tion apply to any person who is an employee, agent, consu ltan t,
offic , or elected official or appointed offi cial of the County, or an y
de.signaled public agencies, or of the Sub Grantee that are receiveing funds
under this part .
d) Ex ceptions . Upon the written request of th e Coun ty, HUD may grant an
excepti on to th e provi sions of paragraph (b ) of thi s secti on on a cas e-b y-case •
ba sis when it has sati sfactoril y met the thresho ld requirem ents of (d)(l) of
this secti on, taking into account th e cumulati ve effects of paragraph (d)(2) of
this section .
(1) Th reshold requirements. HUD will consider an exception only after
the County has provided the following documentation :
i. A di sclosure of the nature of the conflic~ acco mpanied by an
assuran ce th at there has been public disclosure of the co nfli ct and
a description of how the public disclosure was made ; and
ii. An opinion of the County's attorney that the interest for which
the exemption is sought would not violate State or local law.
(2) Factors to be r.onside red for exceptions. In determining whether to
grant a requested exception after th e County has satisfactoril y met the
requirements of paragraph (d)(I) of this section, HUD shall conclude that
such an exceptio n will serve to further the purposes of the Act and the
effective and efficient administration of the County's program or proj~
taking into account the following factors , as applicable :
i. Whether the exception wo uld provide a significant cost benefit
or an essential degree of expertise to the program or project that
would otherwise not be avail able;
ii. Whether an opportunity was provided for open competitive
bidding or negotiation;
iii. Whether the person affected is a member of a group or class of •
low-or moderate-income persons intended to be the
ben eficiari es of the assisted activity, and the exception will
permit such person to receive generally the same interests or
benefits as are being made available or provided to the group or
class;
iv. Whether the affected person has withdrawn from his or her
functions or respons ibilities, or the decision making process with
respect to the specific assisted activity in question;
v. Whether the interest or benefit was present before the affected
person was in a position as described in paragraph (b) of this
section;
vi. Whether undue hardship will result either to the County or the
person affected when weighed against the publi c interest served
by avoidin.P, the prohibited conflict ; and
vii. Any other relevant cons iderati rms.
17 . The SubGrantee cannot engage in a federally funded contrr.:t with any entity
regi stered in the Lists of Parties Excluded From Fedenl Procurement or
Nonpmcurement Program s.
B. Non-Ap propriations Clau se
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The SubGran tee agrees tha t it will include in every co ntract it enters, which rel ies up on CDBG
monies fo r funding, a non -appropriation clau se tha t will pro tect itself, and th e County from any
liability or resp onsib ility or any suit which might result from th e discontinuance of CDBG funding
for any reas on. Because this SubGran tee Agreement involves fund s from a federal gran 4 to the
extent there is a conflict the funding provi sions of this SubG rantee Agreemen 4 the federal grant and
th e federal statu tes co ntrol rath er than the pro visi o:1s of Section 24-91 -103.6, C.R.S. with regard to
any public work projects.
C. Expenditure Restrictions
All CDBG funds that are approved by HUD for expenditure under the County's grant agreemen 4
including th ose that are iden tified for the SubGrantee's Projects and activities, shal l be allocated to
the specific projects and activities descri bed and listed in the grant agreements. Th e allocated funds
shall be used and expended onl y for the projects and activ ities fo r which the funds are identified.
D. Agreement Changes
No projects or activities, nor the amount allocated Cierefore, may be cr,anged without approval by
the County and acceptance of the revised Final Statement an d/or Consolidated Plan by HUD, if
required. Changes must be requested in writing and may not begin until a modification to thi s
Agreement is fully executed.
E. Direct Project Supervision and Administration
The SubGrdntee shall be respon <ible for the direct supervision and administration of its respective
projects or activi,i o,. 1bis ,hall be accomplished through the use of the SubGrantee's staff,
agency and 'empl oyees . The e.ubGrantee shall be responsible for any injury to perso ns or damage to
property resulting from the negligent acts or errors and omissions of its staff; agents and employees.
Because the SubGrantee is responsib le for th e direct supervision and administration of its projects
or activities, the County shall not be liable or responsibl e for cost overruns by the SubGrantee on
any projects or activities. The County shall have no duty or obligation to provide any additional
fonding to the SubGrantee if its projects or activities cannot be completed with the funds allocated
by the County to the SubGrantee . Any cost ov erru ns shall be the sole respons ib ility of th e
SubGrantee.
I. The SubGrantee agrees that all funds allocated to it for ap prov ed projects or activities
shall be used solely for th e purposes approved by the County . Said funds shall not be
used for any no n-approved purpo ses.
2. The SubGrantee agrees that the fund s all ocated fo r any approved projects or activities
shal l be sufficient to complete sa id projects or activities without any additio nal CDBG
funding .
F. Indemnity
To th e extent all owed by law , th e SubGran tee shall indemnify and hold hannle ss the Co un ty an d its
elected and appoi nted offi cial s, officers, empl oyees and agen ts from and ag ainst any and all losses, •
damages, li abi li ties, claims, suits, actio ns or costs, includ ing attorneys frcs , made, asserted or
in curred as a result of any damage or alleged damage to person or property occasio ned by the acts
or omi ss ions of SubGra:1tee, its officers , emp loyees , agents, co ntractors or subcontractors, aris in g
out of or in any way co nn ected with the Project or the performanc e of thi s contract.
G. Bonding aod Insuran ce
If th e Sub Grantee's projects involve constructi on activit ies , any Contractor it uses fo r said activitie,·
shal l be required to provid e and maintain , until final acceptance by the SubGrantee of all work by
such Contractor, th e kinds and minimum a:mo unts of insurance as fo ll ows:
I. Comprehensive General Liabili ty: In the amount of not less than S ,000,000 combi ned
single limi t. Coverage to include:
a. Premises Operations
b. Products1Co mpleted Operatio ns
c. Broad Form Contractual Liabili ty
d. Independent Contractors
e. Broad Form Property Damage
f. Employees as Additional Insured
g. Personal Injury
h. Arapahor County and the SubGrantee as Additi onal Named Insur~,! •
i. Waiver of Subrogation
2. Comprehensive Automobile Liability: In tr.e amount of not less th ,.n $1 ,000,000
co:nbined single limit for bodi ly injury an d property damage . Coverage to incl ud e:
Arapahoe Co unty and th e SubGrantee as additional Namr.d Insured
b. Waiver of Subrogation
3. Employers Liability and Work ers Co mpensation: The Contractor shaJJ secure and
maintai n employer's liability and Worker's Compen sati on Insurance that will protect
it against any and all claims resulting from injuries to and death of workers engaged
in wo rk und er any contract funded pursuant to this agreem ent. Coverage to include
Waiver of Subrogatio n.
4. All referenced insuran ce poli cies and/or certificates ofinsurance shu ll be subject to
the fo llowing stipulations :
a. Underw rit ers shall have no rights of recovery subrogation against Arapahoe
County or U1e SubGrantee ; it being th e intent of the parties lhal the insurnnee
policies so effected shaJJ protect th e parti es and be primary coverage for any
and all losses cov ered by the descri bed insurance .
b. The cl ause entitled "O ther Insurance Provisions" coi.lained in an y pol icy
including Arapahoe Co unty as an additional nam ed insured shall not apply
lo Arapahoe Cou nty, or the Su bG rantee . •
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C.
d.
The in surance comp anies issuin g th e poli cy or poli cies shall have no
recourse agai nst Arapahoe County, or the SubGrantee for payment of an y
premium s due or for ar,y assessments under any form of any policy .
Any and all deductibles contaioed in any insurance policy sha ll be assum ed
by and at the sole risk of th e Contractor.
5. Certificate of Insurance: The Contractor shall not commence work under any
contract fu nded pursuant to this Agreement until he has submitted to the
SubGrantee, received approval th ereof, certificates of insurance showing that he has
c~mplied with the foregoing insurance requirements . The SubGrante~ shall also
submit a copy of the Co ntracto r's certificates of insurance to the County.
6. Notwithstanrling the provisions contained in thi s paragraph (H) set forth
hereinabove, th e County reserves the right to modify or waive said provisions for
projects or activities for which these provisions would prove prohibitive. The
SubGrantee understands, however, that the decision to waive or modify those
provisions is fully within the discretion of the County.
In accordance with 24 CFR parts 84 and 85, the following bonding requirements shall appl y to all
projects exceeding the simplified acquisition threshold (currently $100,000):
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A bid guarantee from each bidder equi :,lent to 5% of the bid pri ce;
A performance bond on the part of the con'ractor for JOO % of the contract price; and
A payment bond on the part of the contract,,r for I 00% of th e contract price.
B . Records
The SubGrantee shal! maintain a complete set of books and records documenting its use ofCDBG
funds and its supervision and administration of the Proj ect. Records are to include documentation
verif:,1ng Project eligibility and national objective compliance, as well as financial and other
administrative aspects involved in performing the Project. The St1bGrantee shall provide full
access to these books and records to the County, the Secre tary of HUD or his designee, the Office
of Inspector General , and the General Accounting Office so that compliance with Federal laws and
regu lation s may be confirmed. The SubGrantee further agrees to provide to th e County upon
request, a copy of any audit reports pertaining to the SubGrantee's financial operations during the
term of thi s Agreement. All records pertaining to the Project are to be maintained for a minimum
of fiv e years following close-out of the Project.
I. Reporting
The SubGra ntee shall file all reports ar,d other in format ion necessa,y to comp ly with applic.able
Federal laws and regulati ons as required by the County and HUD . This shall include providing to
the Cou nty (he information necessary to complete annual Performance Report ; in a timely fashion.
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The SubGran:ee shall comply with the quart erly performance standards estahlished in Se ction IJ.c ,,
or' this Agreeme nt. The SubGrantc e understands that failure to comply with th e estab li shed
standard s may lead to a cancell at ion of th e Projec t and a loss of all unexpen<le~ fund s.
K. Reimburse ment for Expenses
Th e SubGrantee agrees th at befo re the County can distribute any CDBG fun ds to it, th e SubG rantee
mu st sub mit to th e County's Housing and Comm unity Development Servic es Divi sio n
documentation in the fo rm required by that Div ision wh ich properl y and full y identi /i e; th e amount
whi ch the SubGrantee is requesting at that time The County shall hav e ten (i 0) working days to
review th e request. Upon approval of the req•Jrst, the Cot:nty will di strib ut e the rcqu es t,-:d funds to
the SubGran .ee as soon as po ss ibl e.
L . Program Income
All program income directl y deri ved from th e Arapahoe Co unty Community Developm ent Block
Gran t Program received by the SubGrantee will be retained by the SubGrantee and will be
di spersed for its approved CDBG Project activities before additional CDBG fund s are requ ested
from the County. Following completion of th e SubGrantee's Arapahoe County CDBG Proje cts, all
program income directly generated from the use ofCDBG funds will be remitted to the County.
M. Real Property
Real property acq uired in whole or in part with CDBG fund s shall be utilized in accordance with
the sco pe and goals id enti 5ed in Section s I and U of this Agreement. Should the property in
qu esti on be so ld or oth erwise dispo sed of, or the app roved property usage disco ntinued, th e
SubGrantee shall adhere to the requ iremen ts of 24 CFR Parts 84 or 85 (as applicable) regarding the
use and d;• ositio n of real property.
N. State and County L~w Compliance
All respo nsib il ities of U,e ~ubGran'lee en um erated here in shall be subject to applicable State
statu tes and Cou nt y ordinc, .. ,cs, resolutions, rul es , and regulation s.
O. Subcontracts
J f subco ntrac ts are us ed on th e Proj ect, the Su bGrant ee agr ees th~t th e pr ovisions of thi s Agreement
sha ll app ly to any subco ntract.
P. S nrpcnsion or Tcrntluation
This Agreement may be immed iately susp ended or tenninated upon written notifi cation from th e
County if the SubGrantce materi all y fails to compl y with any tcnn of thi s Agreement. Thi s
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Agreem ent may also be tenn inated fo r co nvenien ce by mutual agreement of th e Co un ty an d th e
SubGrantec.
Q. In the event that the Unit of General Local Government shoul d withd raw from the County's
"Urban Co unty" designation, this Agreement shall tenninate as of th e tennination date of th e
County's CDB G grant Agreement with HUD .
R. The SubGrantee certifies that to the best of its knowledge and belief:
I, No Federal appropriated funds have been paid or will be paid , by or on beh alf of it,
to any person for influen cing or attempting to influence an officer or employee of
any agen cy, a Member of Congress , an officer or employee of Congres s, or an
emplo yee of a Member of Congr , in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the
entering into uf any coo perative agreement, and the extension, continuation,
renewal , amendment, or modifi cation of any Federal contract, grant, loan, or
cooperative agreement; and,
2. If any funds other than Federal appropriated fund s have been paid or will be paid to
any person for inf.Jencing or attempting to influe,-ce an officer or employee of any
agency, a Member of Congress , an officer or en1pluyee of Congress, or an employee
of a Member of Congress in connection wi th this Federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL ,
"Disclosure Form to Report Lobbying," in accordance ,vith its instructions .
S. Disallowance
If it is determin ed by HUD or other federal agency that the expenditure, in whole or in part, for the
SubGrantce's Project or activity was improper, inappropriate or in eligi ble fo r reimbursement, then
the Sub Grantee shall reimburs e th e County to the full extent of the disallowance.
IV . RESPONSllllLi'!'JES OF THE COUNTY
A. Administrative Control
Th e Pa· ties recogn ize and und erstand that the County will be the governmental entity required to
execu te all grant agreements received fro m HUD purs uant to the County's requests for CDBG
funds. Accordingly, the SubGrantee agrees that as to its proj ects or acti vities performed or
conducted under a."ly CDBG ugreement, th e County shtJl have the necessary administrative control
required to meet HUD requirements.
B, Perfornmnce and Compliance Mon itoring
The Ccunty's administrative obligations to the SubGrantee pursuant to paragraph A above shal! be
• limited to the perfonnance of the administrative tasks necessary to make cnBG funds available t~
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the SuhGramee and to pro vide Hous ing and Community Development Ser\'ices staff whose job it
will be to moni tor the vario us projects fund ed with CDBG monies to mcni tor compliance with •
app licable Federal laws and regulat ions.
C. Reporting to HUD
The County will be respons ible fo r seeing that all necessary reports and inform ation required of the
County are filed with HUD and other applicabl e Fed eral agencies in a timely fashion.
V. EXTENT OF THE AGREEMENT
This agreement, in cluding any documents attached as exhibits which are hereby in corporated herein
by referen ce, represents the entire and integrated agreement between the County, and SubGrantee
and supersedes all prior negotiations, representations or agreements, either written or oral. Any
amendments to this agreement must be in writing and signed by both the County, and SubGrantee.
If any porti on of this agreement is found by a court of competent jurisdiction to be void and/or
unenforceable, it is the intent of the parties that the remaining portions of this agreement shall be of
full force and effect.
VI. NOTICES
Notices to be provided under thi s Agreement shall be given in writing and either delivered by band
or deposited in the United States mail with sufficient postage to the addresses set forth :
To the County: Arapahoe County Attorney
5334 S. Prince Street
Littleton, CO 80166
Arapahoe Co unty Housing and Community Development Services
1690 W. Littleton Blvd., #300
Littleton, CO 80 120-2069
To th e SubGrantee: City of Englewood
1000 Englewood Parkway
Englewood , CO 80110
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In Witness Whereof, the Parties have caused this Agreement to be duly executed thi s _____ day
• of ____________ ,2008.
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SubGrantee: City ofEnglewood
____ Mayor _____________ _
Title
Board of County Commissionen:
Arapahoe County, Colorado
Don Klemme on behalf of the Board of County Commissioners
hirsuant to Resolution #080256
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PROJECT BUDGET
COLUMN A (;OLUMNB COLUMNC COLUMND COLUMNE
Projtc lAcU vtttcs Ertlma ted Total Co:rt of CDBG Fu11d1 Previous CDDG Fundt Other Funds Commltttd
(1ptcUy by line 11cm) Activity
J>tmc I (demoUtion, ~ing and Sl0,000.00 so Sl0,000.00 so
1lceving,e,oncracpavina)
Phase II
(Security ligblin&, Jniption SIJ0,000.00 $130,000.00 so so
system. Trees. land.apinG, Sit~
Fumilhini;s. Plan Paving. and
Contin1cnc1
TOTAL: $1 80,000 .00 $130,000 .00 Sl0,000.00 so •
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SUBGRI\.NTEEAGREEMENTFOR
ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: CITY OF ENGLEWOOD
PROJECT NAME: HOMEOWNER FIX-UP
PROJECT NUMBER: ENHS 814
This Agreemen t is made by and between the Board of County Commissioners of th e C0unty of .AJtpahoe,
State of Colorado, tor the Community Development Block Grant Program in th e Community Resources
Department (hereinafter referred to as the Co unty) and the City of Englewoo d (hereinafter referred b as the
SubGra ntee) for the cond uct of a Community Development Block Grant (CDBG ) Proj ect.
I. PURPOSE
The primary objective of Title I of th e Housing and Community Developm ent Act of 1974, as l!lllended,
and of the Community Development Blo ck Grant (CDBG ) Program under this ';itle is the develoJ(Ilent of
viable urban communities, by providing decent housi ng, a suitabl e living envimnment and elf anding
et.anomic opportunities, principall y for low and moderate income persons .
The project by the SubGrantee known as the Homeown er Fix-Up Project (Project) has been cate/ orized as
a Housing Rehabilitati on project and the SubGraotee will maintain clocumentation with th, n~,io nal
objective of Low/Moderate Income Housing activities.
,·ne ~'.lbGrante e may proceed to incur costs for the Project upon receipt of an official "No tice to Proceed"
fr0m the County.
II. WORK TO BE COMPLETED BY THF. SUBGRANTEE
Th e fo ll owing provis ions outline the sco pw of th e work to be com pl eted:
The SubGrantee will utili ze CDBG funding to provide grants to incom e eli gib le homeowners for exterior
home improvemen ts. The intent of the project is both to improv~ Engl ewood's existing housing stock, as
well as impro ve the ·,isual appearance of det eriorated neighborhoods. Typica l improvements may include
(but are not necessari ly limited to) paint, sid in g, windows, roofs, and xeriscaping.
A. Pnymcnt
lt is expressly agreed and understo od th at th e total amo unt to be paid by ti1 e County under this
contract shull not exceed $65,000. Drawdown s for the payment of eligible expenses shall be made
agai nst the line it em budgets specified in ti1e Project Budget and in accordan,·e with performance
criteria established in Section Il-C. The parties expressly recogni ze that tne i,,1bGran tee is to be
paid with CDBG funds received from the fed eral government, and that the obF.gation of th e County
to make payment to SubGrantee is conti ngent upon receipt of such funds. In the event that sai d
funds, or any part thereof, are, or become, un ava ilable, th en the County may immediately te."'tl inate
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or, am end th is agreement. To th e ex tent C.R.S . § 29-1-1 JO is appl icable , any financial obligation of
th e County to the SubGrantee beyond the current fi sc al year is also contingent upon adequate fund s •
being appropri ated, budgeted and otherwise available.
Upon expiratio n of this Agreement, as id entified by the dea dlin e ir 3ection Il. C. 3. below , the
SubGran tee sha ll transfer to the Co unty an y CDBG fund s on ban .' ,t the ti r,1e of expiration and
any acco unt s rece ivab le attributable to the u~e of CDBG fund s. r bese transferred fund s shall
revert t.o the Co unty and be utilized for other purposes.
B. Tirncline
All Project activ ities will be completed by May 31 , 2009 unl ess this Agreement is modified by
mutual agreement of the County and SubGrantee.
C. Performance Criteria
1n accordance with the funding application submitted by the SubGrantee for the Project, the criteria
listed below are to be met during the execution of the Proj ect.
I. Quantifiable Goals :
The SubGrantee will provide grants to renovate the exterior of fifteen (I 5) 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 funded under this grant are to be performed in compl iance with
applicab le local or industry codes and standards.
2. Community ln1pact:
Affordable housing -stability and housing quality
3. Quarterly Performance Standards:
June 30, 2008:
No requirements estab li shed.
Sep temb er 30, 2008:
Market program, intervi ew potential clients
0ecernb er 31, 7.00 8:
Co ntinue to market 1:rograrn, interview potential clients
Provide four ( 4) renovation grants
March 31, 2009:
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interview potential cl ients
Prov id e six (6) renovation grants
Mav 31. 2009:
Provide five (5) renovat ion grants
Cumulative total of fifteen (15) grants
Co mplete all renovation s funded by project
Submit fina l drawd own and completi on report to Co un ty
0. Reporting Requirements
I . Project rep c is will be due within fifteen days following the end of each calendar year
quarter (Jun , I lo September 30 report is due October 15; October I to December 31
report is due January 15 ; January I lo March 31 rep ort is due April 15 ; and the final
completion report is due May 31) until the Project is completed.
2. The ow cial annual audit and/or Financial Statements for the SubGrantee in which both
revenues and expenditures for the CDBG Projects described herein are detailed are due
annually. The last completed official annual audit report and/or Financial Statements
shall be due on May 31 , and for four ( 4) years thereafter on May 3 I.
E. Labor Standards (Davis-Bacon)
Project activities do not require com pliance with federa l labor standards (Davis-Bacon) as it is
exempt (i.e., publi c service activity , single family home rehabilitation, purchase of materials, or
other activ ity that has been determined exempt from federal labor standards).
F. Lead Based Paint Regulations
If the activity involves any construction, demolition , rehabilitation, or any activity related to a
bui lding, and the building was built in 1978 or prior, Lead Based Paint Laws and Regulations
apply, as established in 24 CFR Parts 35 and 570.608. If the SubGrantee does not follow and
document Lead Based Pain: Laws and Regulation compliance , the SubGrantee will not be eligible
for reimbursement.
G. Environmental Re view
Notwithstanding any provi sion of thi s Agreement, the parties hereto agree and acknow ledge that
thi s Ai;,,ree ment does not constitute a commitment of funds or sit e approv al, and th at such
comm itment of fund s or approval may occur only upon sati sfa ctory completion of environmental
revi ew and re ceipt by Arapaho e County of a relea se of funds from the U.S . Department of Housi ng
and Urban Development under 24 CFR Part 58. The parties further ugree that the provision of any
funds to the project is conditioned on Arapahoe County's determ in ation to pro ceed with, modify, or
cancel the project based on the results of a sub sequent environmental review .
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H. Uniform Relocation Ace (U RA)
le has been de termined that no action under th e Uniform Relocati on Act (URA ) is ne cess ary.
lll. RESPONSIBrLITIES OF THE SUBGRANTEE
A. Federal Compliance
The SubGranlee shall comply with all applicable federal laws, regulations and requirements, and all
provisions of th e grant agreements received from th e U.S. Department of Housing and Urban
Devel opmen t (HUD) by the County. These include but are not limited to compliance with the
provision s of th e Housing and Community Development Act of 1974 and all rules , regulations,
guidelines and circulars promulgated by the various federal departments , agencies, administrations
and commissions relating to the CDBG Program . A li sti ng of some of the applicable laws and
regul ations 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 VIIl of the Civil Righto Act of 1968;
5. Sections 104(b) and 109 of the Housing and Community Development Act of! 974;
6. Fair housing regulations established in the Fair Housing Act, Public Law 90 -28 4, and
Executive Order 11063;
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7. Se.ction 504 of the Rehabi itation Act of 1973; ft
8. Asbestos guidelines established in CPD Notice 90-44 ;
9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39;
I 0. Equal emp loyment opportunity and minority business enlerprise regulations establi shed
in 24 CFR part 570 .904 ;
11. Secti on 3 of the Housing and Urban Development Act of 19 68;
12 . Non-discrimination in employment, established by Executive Order 11 246;
13 . Lead Based Paint regulations established in 24 CFR Parts 35 and 570 .608;
14 . Audit requirements established in 0MB Circular A-133; and
15 . Co st principles established in 0MB Circulars A-8 7 and A-122.
16 . Conflict of Interest:
(a) Applicability. In the procurement of property and services by participatin g
jurisdiction, State recipients, and subrecipients, the conflict of interest provision in
24 CFR 85.36 and 24 CFR 84.42, res pecti vely, apply. In all cases not governed by
24 CFR 85.36 and 24 CFR 84.4 2, the provisions of thi s section apply.
(b) Co nflicts prohibited. No persons described in paragraph (c) o f this section wh o
exercise or who have exercised any fun ctions or responsibilities with respect lo
activities ass isted with CDBG funds or who are in a position lo participate in a
decision makin g process or gai n inside information wi th regard to these activities,
may obtai n a financial int erest or benefit from a CDBG-as sisted activity, or have an
interest in any contract, subcontract or agreement with respect thereto, or the •
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proceeds ther~ un der, either for them sel ves or th ose with whom they ha ve fami ly or
bus iness ties, duri ng their tenure or for one year thereafter.
(c) Perso ns cov er ed. The co nfli ct of interest pro visions of paragrap h (b) of thi s secti on
apply to any person who is an empl oyee , agent , co nsul tant, offi cer or elected offic ial
or appointed official of th e participati ngjJ risdi cti on, State rec ipient, or su brecipient
whi ch are receiving COBO fund s.
(d) Exce ptio ns: Threshold requir ~ments. Upon L~e writt en requ est o f th e particip ating
juri sdi ction, HUD may grant an exception to th e provis ions of paragraph (b) of this
sectio n on a cas e-by-cas e bas is when it det ermin es that the exception will serve to
further the purpo se of th e COBO In vestment PRrtnership Program an d the effective
and efficient adm ini strati on of the participating jurisdiction's program or project.
An exception may be considered only after the parti cipating jurisdiction has
provided the following :
(1) A dis clos ure of the nature of th e conflict, accompanied by an as surance that
there has been public discl os ure of the conflict and a description of how the
public disclosure was made; and
(2) An opinion of the participating jurisdiction's or State recipient 's attorney
that the interest for which the exemption is sought would not violate State or
local law.
(e) Factors to be considered for exemption . In determining whether to grant a requested
exception after the participating juri sdiction ha s satisfactorily met the requirements
of paragraph (d) of this section, HUD will consider the cumulative effect of the
fo ll owing factors , where applicable:
(l) Whether the exception would provide a significai rt cost benefit or an
essentiul degree of experti se to the program or proj ect which would
otherwi se not be available ;
(2) Whether the person affected is a memb er of a group or clas s of low income
pers ons intended to be the benefi ciari es of th e assisted activi ty and the
exception will permit such person to recei ve generally the same int erests or
benefits as are being made available or provided to the group or cla ss;
(3) Whether the affected person has withdrawn from bi s or her fun ctions
responsibilities, or the deci sion makin g process with respe ct to the s_,ecific
assisted activity in question;
( 4) Wh ether the interest or benefit was present before the affected person was in
u pos ition as described in paragraph ( c) of this section;
(5) Wh ether undue hardship will res ult either to the participating jurisdi ction or
th e person affected when weighed against the publi c interes t served by
avo idin g tl1e prohibited confli ct; and
(6) An y other relevant co nsiderations .
( f) wn crs and Dev elop ers.
(I) No owner, developer or sponsor of a project as sisted with COBO fund s (or
offi cer, empl oyee , agent, elected or appointed official or consultant of the
own er , developer or sponsor) whether private, for-p ro fit or non-pro fit
(i ncludin g n co mmunity housing development organi zati on (CHO O) when
ncting as an own er, developer or sponsor) may occupy a COBO -ass isted
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affordable housing unit in a project. This prov;sion does not appl y to an
ind ividual who receives CDBG fund s to acquire or rehabilitate his or her •
1 ri nci pal resi den ce or to an empl oyee or agent of the owner or developer ofa
rental hou~ing project who occ upies a hous ing unit as th e project manager or
muintcnancc worker .
(2) Excep ti ons. Upon written requ es t of a hou si ng owner or develop er, the
paniciputi ng jurisdict ion (o r Stale recipient, if authorized by th e Stute
panici pat ing jurisdiction) mr.y grant an exception lo the provisions of
puragrnph (f) (I) of tlti s secti on on a case-by-case basis when it determines
thut th e exception will serve to funhcr the purpose of the CDBG program
and Ute cfTcctlvc and efficient administration of th e owner's or developer's
CO BO-ass isted proj ect. In determining whether to grant a rc.iuested
ex cepti on, the participating jurisdiction shal l consider the following facto rs:
(i)Whether file person receiving the benefit is a member of a group
or class oflow -incorne persons intended to be the beneficiaries of the
assisted housing, and the exception will permit such person lo
receive generally the same interests or benefits as are being made
available or provide lo the group or class ;
{ii)Whether the person has withdrawn from his or her functions or
responsibilities , or the decision making process with respect to the
specific assisted housing in question;
(iii) Whether the tenant protection reqairements of Sec. 92.253 are
being observed;
(iv) Whether the affirmative marketing requirements of Sec. 92.351 •
are being observed and followed; and
(v) Any other factor relevant to the participating jurisdiction's
determination , including the timing of the requested exception.
Additionally, in occo rdance with 24 CFR Part 570, no employee, official,
agent or consul, ml of the SubGrantee shall exercise any function or
responsibili ty in which a oonflict of interest, re al or apparent, would arise.
17. The SubGrantee cannot engage in a federally funded contract with any entity
registered in th e Lists of Parties Excluded From Federal Procurement or
Nonprocurement Programs.
B. Nun-Appropriutions Clause
The SubGrantee agrees that it will includ e in every contract it enters, which relies upon CDBG
monies for funding, a non -appropriation clause th at wi ll protect its elf, and th e County from any
liability or res pons ibility or any sui t which might result from the disoontinuance of CDBG funding
for any reason. Because this SubGrantee Agreement involves fun ds from a federal grant, to the
extent there is a conflict the funding pro-,isions of this SubGrantee Agreement, the federal grant and
the federal statutes oontro l rather than the provisions of Section 24-91-103.6, C.R.&. with regard to
any public work projects. •
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C. Ex penditure Re strictions
Al l CDBG fu nds that are app rove d by HUD fo r ex penditu re und er th e County's grant agreeme nt,
in cl uding th ose that are identi fie d fo r the SubGrant ee's Proj ects and act ivi ties, shall be all ocat ed to
th e specific proj ects and activ iti es describe d an d li sted in the grant agreem ents. The allocat ed fund s
shall be used and expended onl y for the projects and activ ities for whi ch the funds are ident ifi ed.
D. Ag ree ment Chang es
No projects or activi ti es, nor the amount allocated therefore, mav be chan ged without approval by
the County and acceptance of the revised Final Statement and/or Consolidated Plan by "UD, if
required . Changes must be requested in wri ting and may not begi n until a modification to ,':us
Agreement is full y executed.
E. Direct Project Supervision and Administration
The SubGrantee sh all be responsible for the direct supervision and administration of its respecti,·,
projects or activities. Th.is task shall be accomplished through the use of th e SubGrantee's stat'.;
agency and em pl oyees. The SubGrantee shall be responsible fo r any injury to persons or damage to
property resulting from the negligent acts or errors and omissions of its staff, agents and employees.
Because L'ie SubGrantee is responsible for the direct supervis ion and administratio n of its projects
or activities, the County shall not be li able or respons ibl e for cost ove:rruns by the SubGrante:: on
any projects or activities . The COUP'Y shall have no duty or obligation to provide any additional
fun ding to th e SubGrantee if its projects or acth~ties cannot be completed with th e fund s allocated
by the Cour,ty to the Subvllltee. Any cost overrun s shall be the so le respo nsibility of the
SubGrantee.
1. Th e SubGrantee agrees that all fun ds allocated to it for approved projects or activiti es
shall be used solely for th e purposes approved by th e Co unty . Said funds shall uot be
used for any non-approved purposes .
2. Tbe SubGrant agrees that th e funds allocated for any approved projects or activ ities
shall be sufficient to complete sa id projects or activities with out an y addit ional CDBG
fundin g.
F. Ind emnity
To th e extent all owed by law , the SubGrant ee sha ll t11demnify and ho ld hruml ess the Co unty and its
elect ed and appoi nted officia ls, officers, emp loyees and agents from and against any and all losses ,
damages , iiabilities , cl•ims, sui ts, actions or cost• in cluding attorneys fees, made, asserted or
incurred as a result of any damage or nll eged dur., ,e to perso n or property occas ioned by the acts
or omi ssions of SubGrantee, its office rs, emp lCJyees , agents, contrac tors or subcontractors, arising
out of or in any way co nnected with th e ProJect or th e performance of thi s co ntract.
G. Bonding and ln sur nnce
If the SubGrantee's projects involve co, ,troction activities, any Co ntra ctor it uses for said activities
shall be requ ired to provide and maintain, un til final acceptance by the SubGrantee of all work by
such Coniractor, the kinds and minimum amu unts of insurance as follows:
I. Comprehensive General Lia bi lity: In th e amount of not less th an $1 ,000 ,000 combined
single limit. Coverage to include :
a. Premises Operations
b. Produ cts/Completed Operations
c. Broa d Form Contra ctual Liability
d. Independent Contractors
e. Broad Form Property Damage
f. Employees as Additional Insured
g. Personal Injury
h. Arapahoe County and the SubGrantee as Additional Named Insured
i. Waiver of Subrogation
2. Comprehensive Automobile Liabili ty: In the amount of not less than $1,000,000
combined si ngle limit for bodily injury and property damage. Coverage to inclu de:
a. Arapahoe County and the SubGrantee as additional Named Insured
b. Waiver of Subrogation
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3. Employers Liability and Workers Compensation: The Contractor shall secure and •
maintain employer's liability and Worker's Compensation Insurance that will protect
it against any and all claims resulting from injuri es to and death of workers engaged
in work under any contract funded pursuant to this agreement. Coverage to include
Waiver of Subrogation .
4. All referenced ins•Jl1ll1ce policies and/or certificates of insurance shall be subject to
the fo ll owi ng stipulations:
a. Underwriters shall have no rights of recovery subrogation aga inst Arapahoe
County or the SubGrantee; it being the intent of the parties that th e insurance
policies so effected shall protect the pruties and be primary coverage for nny
and all losses covered by the described insurance.
b. The clause entitled "Other Insurance Provisions" contained in any policy
including Arapahoe County as an additional nam ed insured shall not apply
to Ara pal1 oe County, or th e SubGrantee,
c. 111e insurance companies issuing th e policy or policies shall have no
recourse against Arapahoe County, or the SubGrantee for payment of any
premiums due or for any assessments und er any form of any poli cy.
d. Any an d all deduct ibles co:itained in any insurance policy shall be assumed
by and at the sole risk of the Contractor.
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5. Ce . .i!icate of Ins uran ce: The Contractor shall not comme nce work under any
contra ct funded pursuant to this Agreement unt il he has subm itted to th e
SubGrantee , received approval thereof, certificates of insurance showing that he has
com pli ed with the foregoing insuran ce requi rements . 171e SubGrantee sha ll also
submit a copy of th e Contra ctor's ce rtifi cates of insurance to the County.
6. Notwithstand in g the provis ions contai ned in thi s paragraph (H) se t forth
hereinabove , the County reserves the right to modify or waiv e sai d provis ions for
projects or activi ties for whic h these provi sions woul d prove prohi bi tive. The
SubGranlee underst an ds, however, th at th e decision to waive or modify those
provisions is full within the discretion of th e Co un ty.
In accord ance with 24 CFR parts 84 and 85 , the following bonding requirement s shall apply to all
projects exceed ing th e simplified acquisition threshold (c urr ently$ I 00,000):
I . A bid guarantee from each bidder equ;valent to 5% of the bid price;
2. A performance bond on th e part of the contractor for I 00% of the contra ct price; and
3. A payment bond on th e part of the contracto r for I 00% of th e contract price .
H. Records
The SubGran tee sh all maintain a complete set of books and records documentin g its use of CDBG
funds and its superv:s ion and admini stration of th e Project. Records are to in cl ud e documentation
verifying Proj ect eligibility and nati onal obj ective compli '1Ilct as well as financia l and other
admi nistrative aspects invo lved in perfonni ng the Project. The Sub Gran tee shall provide full
access to th ese books and records to the Co unty, the Secretary of HUD or bis designee, th e Office
of Inspector General, and th e General Accounting Office so th at comp li ance with Federal laws and
regulatio ns may be confirmed. The SubGranlee further agrees to provide lo the Co unty upon
req ues~ a co py of any audit rep orts pertair.i ng to the SubGrantee's financ ial operations during the
lenn of thi s Agreement. Al l reco rd s pertainin g to th e Project are to be maintained for a mir.!rnum
of five years fo ll owing clos e-out of the Proj ect.
I. Reporting
Th e SubGrantee shall fi le all reports and other h1fo rmati on necessary lo co mply wi th applicable
Federal laws and regulations as required by th e Co unty and HUD. This shall in clude providing lo
the County th e in fo rm ation necessary lo co mpl ete annual Perfonnancc Reports in a timely fashion.
,I. Tim lincs s
The SubGrant ee shall co mply with the quarterly perfo rm ance standards establi shed in Section 11-C
of th is Agreement. The SubGrantee understand s th at fa ilure lo comp ly with ti1 e estab li shed
standards may lead to a cancellation of the Project and a loss of all unexp end ed funds .
K Reimbursement for Expenses
The Su bG ran(ee agrees that befo re the Co unty can dist ribu te any CDB G fund , to it , •he Sub Gran tee •
must subm it to the County's Housmg and Communi ty Developmen t Se rvices Divis ion
documentati on in th e fonn required by that Di vis ion whi ch properly and full y id ent ifi es th e am ount
whi ch th e SubGrantee is rcque sti g at tha t lim e. The Coun ty shall have ten (1 0) working days to
review the requ es t. Upon appro val of the requ es t, th e County will di stribute th e reques ted fund s to
the SubGrantee as s 10n as poss ible .
L. Prf:l~rarn Incom e
All program in co me directly derived from the Arapaho e County Community Development Block
Grant Program received by the SubGrantee will be retained by th e SubGrantee and will be
di spersed for its approved CD BG Project activities before additional CDBG funds are requested
from th e County. Following completion of the SubGrantee's Arapahoe Co unty CDBG Projects, all
program income directly generated from tl1e use of CDBG funds will be remitted to the County.
M. Real Property
Real property acquired in whole or in part with CDBG funds shall be utilized in acco rdan ce with
the sco pe and goals identified in Sections I and II of this Agreement. Should the property in
question be sold or otherwise dispo sed of, or the ap~.oved property usage discontinued, the
SubGrantee shall adhere to the requirem ents of24 CFR Parts 84 or 85 (as applicable) regarding the
use and disposition of real property.
N. Sta te and County Lnw Compliance
All responsibilities of the SubGrantee enumerated herein shall be subj ect to applicable State
statutes and Cou nty ordinances, resolutions, rules, and regulations.
0. Subcontracts
If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreement
shall appl y to any subco ntra ct.
P. Suspension or Terminntion
Thi s Agreement may be immediately suspen~·-4 or tenninated upon written notificati on from lite
County if the SubGrnntee materially fai ls to c~mply with any tenn of tl1is Agreement. This
Agreement may also be tenninated for conveni ence by mutunl agreem ent of the Cou nty and the
SubGmnt ce.
Q. In the event that the Unit of General Local Government should wi thd raw from th e County's
"Urban Co unty" designat ion, this Agreement shall tenninate as of the tennination dat e of the
County's CDBG grant Agreement with HUD.
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R. The SubGrantee cenifies that to the best of its knowledge and belief:
No Federal approp ri ated funds have been paid or will be paid , by or on behalf of it ,
to any pe rson for influencing or attempti ng to infl uence an officer or emp loyee of
any agency, a Memb er of Congress, an officer or employee of Co ngress, or an
emp loyee of a Member of Congress in connect ion with the award in g of any Federal
co ntract, the making of any Federa l grant, th e maki ng of any Fed eral loan, th e
entering into of any coo perative agreem ent, and th e ex tension , continuation,
renewal, amendment, or modifi cation of any Federal contract, grant , loan, or
coo perative agreement; and ,
2. If any fund s other than Federal appro priated fund s have been paid or will be paid to
an y perso n for influencing or attempting to influence an officer or employee of any
agency, a Member of Co ngress, 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 Fonn-LLL,
"Disclosure Fenn to Report Lobbying," in accordan ce with its instructions.
S. Disa!lowance
If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for th e
SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement , then
the Sub Grantee shall reimburse the County to the full extent of tli e disallowan ce .
T. Verification of Lawful Presence
The SubGran te e shall be responsible for ens uring com plian ce with C.R.S. Section 24 -76.5-103 by
verifying the la wful presence of all persons eighteen years of age or older who apply for any
benefits funded in whole or in part by the grant funds that are the subject of thls Agreement.
SubGrantee sh all verify lawful presence in th e manner required by the statute, and shall provide
proof of compliance upon th e request of the County.
IV. RESPONSIBILITIES OF THE COUNTY
A. Administrative Control
Th e Parties reco gni ze and und erstand tliat the Co unty wi ll be the governmen tal entity required to
execute all grant agreemen ts received from HUD pu rs uant to the Co unty's requests for CDBG
fu nds. Accord ingly, th e SubGrantee agrees tli at as to its projects or activ ities perfonned or
cond ucted under any CDBG agreement, the Co unty shaU have the necessary administrative control
req uired to meet HUD requirements.
B. Performance and Co mpliance Monitoring
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The Count y's ad mini strative obligation s to the SubGran tee pursuant to paragraph A above shall be
limited to the performance of th e administrative ta sks necesslll)' to make CDBG funds available to
the SubGrantee and to provide Housing and Community Devetopment Serv ices staff whose job it
will be to monitor th e va ri ous projec ts funded with CD BG monie s to monit or compli ance with
applicable Federal laws and regulations.
C. Reporting to HUD
Th e County will be responsible for seeing that all necessary reports and information required of th e
Cou nty are filed with HUD and other appl icable Federal ag encies in a ti mel y fashion .
V. EXTENT OF THE AGREEMENT
This agreement, including any documents attached as exhibits which are hereby incorporated herein
by referen ce, represents the entire and integrated agreement between the County, and SubGrantee
and supersedes all prior negotiations, representations or agreements , either written or oral. Any
amendments to this agreement must be in ·1'fiting and signed by both the County, and SubGra.1tee .
If any portion of this agreement is found "by a court of competent jurisdiction to be void and/or
unenforceable, it is the intent of the parties that the remaining portions of this agreement shall be of
full force and effect.
VJ. NOTICES
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Notices to be provided under this Agreement shall be given in writing and either delivered by hand •
or deposited in the United States mail with sufficient posta~e to th e addresses set forth:
To the County: Arapahoe County Attorney
5334 S. Prince Street
Littleton, CO 80166
Arapahoe County Housing and Community Developm ent Services
1690 W. Littleton Blvd ., #300
Littleton, CO 80120-2069
To th e Sub Grantee: City of Englewood
I 000 Englewood Parkw ay
Englewood, CO 80110
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In Wi tness Whereof, the Parties have ca used thi s Agreement to be dul y executed this ______ day
• of _____________ , 200 8.
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SubGrantee : City ofEnglewood
____ .Mayor _____________ _
Title
Board of County Commissioners
Arapahoe County, Colorado
Don Klemme on behalf of the Board of County Commiss ioners
Pursuant to Resolution #080256
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PROJECT BUDGET
COLUMN A COLUMNB COLUMNC COLUMND
Project Activities Eltlmated Tota l Cost of CDDG Funtls Olhcr Funds Committed
(1 pccl fy by Un e llcm) Activity
Projcctadministmtion $15 ,000 .00 $5,000 .00 SJ0 ,000.00
Orants for Exterior Renovations SS0,000.00 S60,000.00 110,000.00
• TOTAL: 595,000.00 $65 ,000.00 D0,000.00
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SUBGR<\NTEE AGREEMENT FOR
ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: CITY OF ENGLEWOOD
PROJECT NAME: BOUSE OF HOPE STAFFING
PROJECT NUMBER: ENPS 816
This Agreement is made by and between the Board of County Commissioners of the County of Arapah~.
State of Co lo rado, for tl1e Community Development Block Grant Program in the Community leso urcos
Department (hereinafter referred to as the County) and the City of Englewood and Family Tree, lix:.
(hereinafter referred to as the SubGri11ltee) for the conduct of a Community Development Blick Gr,nt
(CDBG) ProjecL
I. PURPOSE
The primary objective of Title I of the Housing and Community Development Act of 1974 , asamendid,
and of the Community Development Block Grant (CDBG) Program under tbis Title is the deve ~pmentof
viable urban communities, by providing decent housing, a suitable living environment and expanding
economic opportunities , principally for low and moderate income persons.
The project by the SubGraotee lmown as the House of Hope Staffing (Project) has been categ<rized as a
Public Services project and the SubGrantee will maintain documentation with the national objective of
Limited Clientele activities.
The SubGrantee may proceed to incur costs for the Project upon receipt of an official "Notice to Proceed"
from the County.
II. WORK TO BE COMPLETED BY THE SUBGRANTEE
The following provisions outline the scope of the work to be completed:
The SubGrantee will utilize CDBG funding to provide staffing at the House of Hope, which provides long-
term shelter and supportive services for homeless families . The si te is located at 3301 S. Grant Smet,
Englewood, Co lo rado.
A. Pnyment
ll is expressly agreed and understood tl1at the total am ount lo be paid by the County under tlJ.is
contract shall not exceed $25,000 . Drawdowns for the payment of eligible expenses shall be made
against the line item budgets specified in tlle Project Budget and in accordance with performance
criteria established in Section 11-C. TI1e parties expressly recognize that the SubGrantee is to be
paid with CDBG funds received from the federal government, and that the obligation of the County
to make payment to SubGraotee is contingent upon receipt of such funds. In tl1e event that said
funds, or any part thereof, are, or become, unavailable, then the County may immediately terminate
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or, amend this agreement. To the ex tent C.R.S. § 29 -1-110 is app licab le , any financial obligation of
the Co u-Jty to the SubGran tee 'Jeyon d tl 1e cwTent fiscal year is also co ntingent up on adequa te fund s •
be in g approp ri ated, budget ed and otherwise available.
Upon exp iration of this Agreement, as identifi ed by th e deadline in Sectio n II . C. 3. below, the
SubGrantee shall tran s fer to the Count:· dilY CDBG fund s on hand at th e time of expiration and
any ar.counts receivable attributable to the use of CDBG funds . These transferred fund s shall
revert tJ the County and be utilized for other purposes .
B. Tirneline
All Project activities will be completed by May 31, 2009 unless this Agreement is modified by
mutual agreement of the County and SubGrantee.
C. Performance Criteria
In accordance with the funding application submitted by the SubGrantee for the Project, the criteria
listed below are to be met during the execution of the Project.
I . Quantifiable Goals :
The SubGrantee will utili ze CDBG funds for the continued employmeut of staff at the
House of Hope located at 3301 S. Grant Street, Englewood, Colorado. Staff members
will be employed by Family Tree, Inc ., which provides staffing and services at the •
facility. By maintaining the positions, the SubGrantee will provide services for a
minimum of 41 homeless families for the duration of the grant peri od. A 1:otal of 131
unique persons will be served by the Project.
The SubGrantee may collect nominal fees for services provided under this grant,
providing the total of all client-contributed and County grant funds do not exceed the
costs of program delivery.
2. Community Impact:
Homelessness -crisi s management and ability to transition through the continuum of
care
3. Quarterly Performan ce Standards:
June 30 2008:
No requirements established .
September 30 2008 :
Provide services to approximately 5-10 families
Approximately 20 -3 0 uniqu e persons served
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Decemb er 3 1, 2009 :
Prov id e serv ices to approximately 10-15 families
Approximatel y 35-45 unique persons served
March 31 2C09:
Provide services to approxim ately I 0-15 families
Approximately 35-45 unique persons serv ed
May31 2009: May31 2009 cumulative:
Provide services to approximately 5-1 0 families 41 famiiies served
Approximate! y 20-30 unique persons served 131 unique persons served
Submit final drawdown and completion report to County
D. Reporting Requirements
E.
I . Project reports will be due within fifteen days following the end of each calendar year
quarter (June I to September 30 report is due October IS; October I to December 31
report is due January 15; January I to March 31 report is due April 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 SubGrantee in which both
revenues and expenditures for the CDBG Projects described herein are detailed are due
annually. Th e last completed official annual audit report and/or Financial Statements
shall be due on May 31. and for four ( 4) years thereafter on May 31.
Labor Standards (Davis-Bacon)
Project activities do not require compliance with federal labor standads (Davis-Baco n) as it is
exempt (i.e .• public service activity. single fami ly home rehabilitation, purchase of materials , or
other activity that bas been determined exempt from federal labor standards).
F. Lead Based Paint Regulations
If the activity involves any construction , den1olition , rehabilitation, or any activity related to a
building, and th e building was built in 1978 or prior, Lead Based Paint Laws and Regulations
apply, as established in 24 CPR Parts 35 and 570 .6 08 . If the SubGr1>-1tee does not follow and
document Lead Based Paint Laws w1d Regulation compliance, the SubGrnntee will not be eligible
for reimbursement.
C. Environmental Review
Notwithstanding any provision of this Agreemen~ tl1e parties hereto agree and acknowledge that
this Agreement does not constitute a commitment of funds or site approval, and that such
commitment of funds or approva l may occur only upon satisfactory completion of environmental
rev iew and re ce ipt by Arapah oe Co un!v' • rel eas e of fu nds fro m the U.S. Departm ent of Housing
and Urban De velopment under 24 C' ~-n ,e parti es further agree that th e provis ion of any •
fund s to th e project:-co nd it ione d on Al oJJah Oe County 's dete nninati on to proceed with , modi fy , or
cancel th e project based on th e results of a subsequent env ironm ent al review .
B. Uniform Relocation Act (URA)
It has been detennin ed tl1at no acti on under the Uni fo nn Rel ocati on Act (URA) is neces sary.
Ill. RESPONSIBILITIES OF THE SUBGRAN';EE
A. Federal Compliance
The SubGrantee shall comply with all applicabl e fed eral laws, regulation s and requirements , and all
provision s of the grant agreements recei ved from '.he U.S . Department of Housing and Urban
Development (HUD) by the County. These include but are not limited to compliance with the
provisions of the Housing and Community Development Act of I 974 and all rules, regulations,
guidelines end circulars promulgated by the various federal departments, agencies, administrations
and commissions relatin 6 to the CDBG Program. A listing of some of the applicable laws and
regulati ons are as follows :
I. 24 CFR Part 570;
2. 24 CPR Parts 84 and 85;
3. Title Vl of the Civil Rights Act of 1964;
4. Title Vlil of th e Civil Rights Act of 1968;
5. Section s I 04(b) and I 09 of the Housing and Community Devel opment A::t of 1974 ;
6. Fair housing regulation s established in th e Fair Housing Act, Public Law 90-2 84, and
Executive Order 11063 ;
7. Section 504 of the Rehabilitation Act of 1973;
8. Asbestos guidelines established in CPD Notice 90-44;
9. The l.'Jlergy Policy and Conservation Act (Publi c Law 94-163 ) and 24 CFR Part 39;
10. Equ al 1:mploymenl opportunity and minority h siness enterprise regulations establ ished
in 24 CFR part 570.904 ;
11 . Section 3 of th e Housing and Urban Development Act of 1968;
12. No n-di scriminaticn in employment, established by Executive Order 11246;
13. Lea r Based Paint regulation s established in 24 CFR Parts 35 and 570.608;
14. Audtt requirements establi shed in 0MB Circul ar A-13 3; and
15. Cos t pri ncipl es es tabli shed in 0 MB Circul ars A-87 and A-122.
16. Confli ct of Interes t:
a) Appli cability.
(I) In the pro curement of supplies, equipmen~ con struction, and services by
tl1e Co unty ond by tl1e SubGrantee, the conflict of ii rest provi sions in 24
CPR 85.36 and 24 CFR 8•1.42, respectively sh•II app .,.
(2) In all cases n0t govemed by 24 CFR 85.36 and 84.42 , the provisions of
24 CPR 570 .6 11 (2) shall apply. Such cas es include the acqui sition nod
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c)
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disposition of real property and the provi,i~~ of assistan ce by the County
or by its SubGrantees to individuals , businesses, and other pri va te en ti ties
und er el igibl e activit ies that authorize such assistance (e .g ., rehab ilitation ,
pr eservati on , and other improvemen ts of private propert ies or facilities
pursuant to 24 CFR 570.202; or grants, loans , and oili er assista nce to
bu sinesses , indi vidual s, and other private entities purs uant to 24 CFR
57 0.20 3, 570.204, 570.455, or 570.703 (i)).
Co '!f/icts prohibited. The general rule is that persons described in
parairaph (c) of this section who exercise or have exercis ed any function s
or resp onsibilities with respect to CDBG &ctivit ies assisted und er thi s part,
or who are in a position to participate in a decisi on-making process or gai n
ins ide information with regard to such activities, may obtain a financial
interest or benefit from a COBO -assisted activity, either for themselve s or
th os e with whom they have bus in ess or immediate family ties, durin g th eir
tenure or for one year thereafter.
Persons covered. The conflict of interest provisions of paragraph (b) of
this section apply to any person who is an employee, agent, con sultant,
officer, or elected official or appointed official of the County, or any
designated pub lic agencies , or of the Su bGrantee that are receiveing fund s
under this part.
Exceptions. Upo n the written request of the County, HUD may grant an
exception to the provisions of paragraph (b) of this section on a case by-case
Lasis when it has satisfacto rily met the threshold requirements of {d){I) of
this section, taking into account the cumulative effects of paragraph (d)(2) of
thi s sectio n.
( 1) Thresho ld requirements. HUD will consider an exception only after
the County has provided th e foll owing documentation :
i. A di sclosure of the nature of the conflict, accom panied by an
assurance that there has been public disclosure of the confl ict and
a description of how the public di sclos ure was made ; and
ii . An opi nion of the County's attorn ey that the interest for which
th e exemption is so ught would not violate State or local l2w.
(2) Factors to be considered for exceptions. 1n detennining whetht:r to
grant a requ ested exceptio n after the County has sati sfactorily met the
requirements of paragraph (d)(I) of this sectio n, HUD shall co nclude tl1at
such an exception will serve to further th e purposes of the Act and th e
effective and efficien t admini strati on of th e County 's program or project,
taking into acco unt th e fo llow ing factm;, as applicable :
i. Wh ether tl1e excep tion would prov id e a signi fi ca n cos t bene fit
or an essential degree of expertise to th e progran. or project th at
woul d otherwi se not be avail able;
ii . Whether an opportunity was provided for open co mp etiti ve
bidding or negotiation;
iii. Whetner the person affected is a memb er of a group or class of
low-or moderate-income persons intended to be the
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beneficiaries of the assisted activity, and the exception will
permit such perso n to receive ge nerally the sa me int erests or •
ben efit s as are being made availab le or provided to th e group or
clas s;
iv. Whether the affected person has withdrawn from h.:s or her
fun ctio ns or respo nsibi lit ies, or the decision making pro cess wi th
respect 10 th e specific assi sted activity in 4u estion;
v. Wheth er th e interest or benefit was prese nt before th e affec ted
person was in a position as descri bed in paraboraph (b) of tltis
sectio n;
vi. \Vhether undue hardship will result eith er to the Co unty or th e
person affected when weighed against the public in teres t served
by avoiding the prohib ited co nflict; and
vii. Any other relevant cons iderations.
17 . Th e SubGrantee cannot engage in a fe derally fu nded contract with any entity
registered in the Li sts of Parties Excluded From Federal Procurement or
Nonprocurernent Program s.
B. Non-Appropri~1.ica s Cl a use
The SubGrantee agrees th at it wi ll in clde in every contract it enters, which relies upon CDBG
monies fo, funding, a non -appropriatio n clau se that will protect itself, and th e County from any
liability or responsibility or an y suit which might result from the discontinu ance of CDBG funding
for any reaso n. Because this SubGrantee Agreemen t invo lves fun ds fro m a federal grar t, to the •
extent there is a confli ct the funding prov isions of thi s SubGrantee Agreeme nt, the federal grant and
the rederal statutes control rather :han tl1e provi sions of Section 24-91 -103 .6, C.R.S . with regard to
any public work projects.
C. Ex p enditure Restri cti ons
All CDBG fund s th at are approved by HU D for expenditure under the County's grant agreement,
including tho se that are id ~'lltified for the SubGrantee's Projects and activities, shall be allocated to
the specific projects and activ iti es described und li sted in the grant agreements. Th e allocated funds
shall be used and ex pended only for th e projects and activities for which the fund s arc iden'.ificd .
D. Agreement Chan ges
No projects or activiti es, nor the amount alloca ted th erefore , may be changed without approval by
th e County and acceptan ce of th e revi sed Final Sta tem en t and/or Co nsoli dated Pla n by HUD, if
required . Cha nges mu st be requested in writing and may not begin until a modification to tlti s
Agreement is full y exec uted.
E. Dir ec t Proj ec t Sup er vision nnd Admini st ration
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The SuhGrante e shall be responsib le for the direct supervis ion and administration of its res pe ctive
projects or activit ies. Thi s task shal l be accump iished through the use of th e SubGrantee's staff,
agency and employees. 1110 SubGrantee shall be responsible for any inj:.iry to persons or damage to
property resulting from the neglige ni ac ts or en·o rs and omiss ions of 1ts staff, age nts and employees.
Because the SubGrantee is respon si ble for the direc: supervis ion and administration of its projects
or activities, the County shall not be liable or respon si ble fo r cost ovemms by the SubGrantee on
any projects or activities. The Co un ty sha ll have no duty or obligation \') provide any additional
fu nding to th e Sub Gran tee if its proj ects or activities cannot be comp leted with the funds all ocated
by the Co unty to th e SubGrantee, AJty cost ovemm~ ~na il be tbe so le responsibi lity of the
SubGrantee.
l. The SubGrantce agrees that al l fu nds all ocated to it for approved projects or activities
sha ll be used so lely for the purp oses ap proved by the County. Said fun ds shall not be
used fo r any non-approved purposes .
2. Th e SubGrantee agrees that the fun ds all ocated for any approved proj ects or activities
shall be sufficient to complete said pr~jects or activities with out any additio nal CD BG
fu nding.
F. Ind emnity
To th e ex tent all owed by law, th e Sub Grant ee shall ind emnify and hol d harml ess the Cotmly and its
elected and appointed official s, officers, employees and agents from and against any and all loss es ,
dam ages, li abili ti es, cl aims, suits, actions or costs, in cl uding attorn eys fe es, made, asse rted or
inc urred as a res ult of any damage or all eged damage to person or property occas ioned by U1e acts
or omi ssions of SubGrantee, its offi cers , emp loyees, agents , contractors or sub co ntractors , arising
out of or in any way conn ected with th e Proj ect or th e perfo rm ance of thi s contract.
G. Bonding and lnsurn ncc
If the SubGran tee's proj ects involve constru ction activ ities , any Contractor it uses for said activities
shall be req uired to provide and maintain, un til fin al acceptance by th e SubGrantee of nil work by
such Co ntra ctor, the kind s and minimum amounts of insuran ce as fo ll ows :
1. Comp rehensive General Liability : In th e am ow1t of not less than $1,000 ,000 combi ned
single limi t. Co verage to include:
a. Premises Operations
b. Produ cts/Co mpleted Opera tions
c. Broad Fann Contractual Liabi li ty
d. Independent Contractors
c. Bro ad Fann Property Damage
f. Employees as Addi tiona l Insured
g. Perso nal ~,j ury
h. Arapahoe Co un ty and th e SubGrantee as Additiona l Named In sur ed
i. Waiver of Subrogatio n
2. Com preh ensive Aut omob il e Liabi!i l•c ,; the amo un: ofno1 les s than $1 ,000,000 •
com bined singl e limit fo r bod ily inj ulj , ,d propert y damage . Cov erage to in clude :
a. Arapa hoe Co unty and the SubU -;.-,lee as ad ditiona l Named In sured
b. Waiver of Subrogation
3. Em ployers Liability and Workers Compe .. Jtion: The Co ntractor shall sec ure and
maintain employer's liability and Worker's Co mpen sation Insuran ce that will protect
it against any and all claims resulting from inj:mes to and death of workers engaged
in work under any contra ct funded pursuant to thi s agreement. Coverag e to include
Waiver of Subrogation .
4. All referenced in suran ce policies and /or certificat es of insurance shall be subject to
the following stip ulati ons :
a. Underwriters shall have no rights of recovery subrogation against Arapahoe
County or the SubGrantee; it being the intent of the parties that the insurance
policies so effected shall protect the parties and be primary coverage for any
and all losses covered by the described insurance ,
b. Toe clause entitled "Other Insurance Provisi ons " contained in any policy
including Arapahoe County as an additional named insured shall not apply
to Arapahoe County, or the SubGrantee.
c. The insurance companies issuing the por cy or policies shall have no
recourse against Arapahoe County, or the SubGrantee for payment of any
premium s due or for any assessments under any form of any policy. •
d. Any and all dedu ctibles co ntained in auy ins uran ce policy shall be assumed
by and at the sole risk of the Contractor.
5. Certificate of Insurance: The Contractor shall not commence work un der any
contract funded pursuant to this Agreement until he has submitted to the
SubGrantee , received approval thereof, certificates of insurance showing th at he has
complied with the foregoing insurance requirements. The SubGrantee shall also
submit a copy of th o Co ntra cto r's certificates of insurance to the County.
6. Notwithstanding the provisions contained in this paragrdph (H) set forth
hereinabove, the County reserves the right to modify or waive said provisions for
projects or activities for wh ich these provisions would prove prohibitive. The
SubG rdOtee understand s, however, tha• th e decision to waive or modify tliose
pro vis ions is fully witl1in th e discretion Ol the Co unty.
In accordance with 24 CFR parts 84 and 85, tlie following bondin g requirements sha ll apply to all
projects exceeding th e simpl ified acquisition threshold (currently $100,000):
1.
2.
3.
A bid guarantee from each bidder equivalent to 5¾ i;f t!1e bid price;
A pe1fonnance bond on the part of tl1e contractor fo 1 100% of tl1e contract price; and
A payment bond on the part of the co ntractor for 1()()% of the contract pri ce . •
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f:I. Records
TI1e SubGrantce shall maintain a comp lete set of boo ks and record s docum en ting ii $ use ofCDBG
funds and iis supervis ion and administration of the Project. Records are to in cl ude do cumentation
verifyin g Project el igibil ity and national objective compliance, as well as finan ci al and other
ad ministrative aspects involved in performing the Proj ect. TI1e SubGrantee shall provide fu ll
access to th ese books and records to the Co un ty, the Secretary of HUD or his des ign ee, tl1 e Office
of Inspector General , and U1e General Acco unti ng Office so that co mplian ce with Federal laws and
regu lation s may be confirmed. The SubGrantee further agrees to pro vi de to the County upon
requ est, a co py of any audit reports pertaining to the SubGrantee's financial operations during the
tenn of th.is Agreement. All record s pertaining to the Project are to be maintained for a minimum
of five years fo ll owing cl ose-out of the Project.
J, Reporting
The SubGrantee shall file all reports and other information necessary to comply with applicable
Federal laws and regulations as requi red by th e Co unty and HUD . Thi s shall include providing to
the County the information necessary to co mplete annual Performance Reports in a timel y fashion.
J, Timeliness
Th e SubGrantee shall comp ly with th e quarterly performan ce standard s established in Section Il-C
of this Agreement. The SubGrantee understands tl1at fai lure to comply with th e established
standards may lead to a cance ll ation of the Project and a loss of all w1expended funds,
K. Reimbursement for Expenses
The SubGrantee agrees that before tl1e County can di stribute any CDBG funds to it, the SubGrantee
must s ubmit to the County's Hou sing and Community Development Services Division
doc um entati on in the form required by that Divi sion which properl y and fully identifi es the amount
which the SubGrantee is requesti ng at that time . TI1e County shall ha ve ten (10) working days to
review the requ es t. Upon approval of the request, the County will distribu te the req uested funds to
th e SubGrantee as soo n as possib le.
L. Progrnm Income
All program in co me directly derived from the Arapahoe Co unty Co nm1unity Developm ent Block
Grant Pro gram received by th e SubG ra nt ee wi ll be retained by the Sub Grantee and will be
dispersed for it s approved CDBG Project activities before additional CDBG fund s are requ ested
fro m tl1e Co unty. Fo ll owing completion of the Sub Gra ntee's Arap ahoe Co unty CDBG Proj ects, nll
pro!,>ram income directly generated fro m the use ofCDB G fund s will be remi tted to th e Co unty.
M. Real Property
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Real property acqu ired in whole or in pan with CDBG fu nds shall be utili zed in acco rd ance with
the sco pe and goa ls identifi ed in Sect ions I and II of tltis Agreement. Should the pro perty in •
question be sold or otherwi se di spos ed of, or the app roved prop erty usage disco ntin ued, th e
SubGran tee shall adhere to the req uirem ents of 24 CFR Parts 84 or 85 (as app li cab le) regarding th e
use and dis pos ition of real property.
N. State and Co un ty Law Co mpli ance
All res po nsibi li ties of tl1 e SubGrantee enum erated herei n sha ll be subject to ap plicab le St ate
statut es an d Coun ty ordin an ces, reso lu tions, rul es , and regulatio ns.
0 . Su bco ntracts
lf subcontracts ar e used on the Project, th e c 1bGrantee agrees that th e provis ions of th is Agreement
shal l app ly to an y subcontract.
P. Suspensi on or Te rmin ation
Thi s Agre em ent ma y be immedi ately suspended or termi nated upon wri tten notifi cation from the
Coun ty if the Sub Grantee mat eriall y fai ls to comply with any term of thi s Agreement. Thi s
Agreement may al so be termin ated for co nv eni ence by mutual agreement of th e County and the
SubGrantee .
Q. ln th e event tliat th e Uni t of General Local Gov ernm ent should withdraw from th e Co unty's •
"Urb an Co unty" designati on, this Agreement shal l termi nat e as of th e tenn ination date of th e
Countis CDBG grant Agreement with HUD .
R. Th e SubGrantee ceitifi es that to the best of its lmow ledge and belief:
1. No Federal ap propri ated fun ds have been paid or wii l be paid , by or on behalf of it,
to any person for influ encing c.: ,ttempting :_, influ ence an officer or employee of
any agency, a Memb er of Co ngress, .1 c. officer or empl oyee of Congress, or an
em ployee of a Memb er of Co ngress in conn ection with the aw ard ing of an y Federal
contract , U1 e maki ng of any Federa l grant, th e making of any Federa l loa n, Uie
enterin g int o of any coo perat ive agreement, and the ex tens ion, conti nuation,
ren ew al , am endm ent, or modi fi cat ion of an y Fed eral contract, grant . loan , or
cooperative agree ment ; and ,
2. If any fund s oth er than Federal appro priated fu nds have bee n paid or will be paid to
an y person for influ encing or attemptin g to influ ence an offi cer or employee of any
agen cy, a Memb er of Co ngress , an officer or empl oyee of Congress, or an employee
of a Member of Congress in cmmection with tl1is Federa l co ntra ct, i,~·a nt , loan, or
cooperative agreement, it will comple te and submit Sta nda rd Fom1-LLL,
"Disc losme Fonn to Rep011 Lobbyin g," in acco rdance with its instmctio ns.
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S. Disn ll own nce
If it is determin ed by HUD or othe r federal agency that the expend itu re, in whole or in part, for the
SubGrantee's Proj ect or act ivity was improper, inap prop riate or ineligible fo r rei mbursem ent, th en
th e SubGrantce shall reim burse th e Co unty to the fu ll extent of th e di sall owance.
RESPONSJB[LITIES OF THE COUNTY
A, Admini strative Co ntrol
The Parti es recognize and understand that the Co un ty wi ll be the government al entity required lo
execute all gran t agreemen ts received fro m HUD pursuant lo th e County's requ ests for CDBG
funds . Accord ingly, the SubGrant ee agrees that as lo its projects or activities perform ed or
conducted under any CDBG agreement, the Coun ty shall have the necessary admini strative control
required to meet HUD requirements.
B. Performance and Compliance Monitoring
The Co unty's admini strative obligations to the SubGrantee purs uant lo paragraph A above shall be
limi ted lo the performance of the administrative tasks necessary to mak e CDBG funds available to
the SubGrantee and to provide Housi ng and Community Development Services SIP.ff wh ose job it
will be to monitor th e various projects funded with CDBG monies to monitor ,;omplian ce with
applicable Fed eral laws and regul ations .
C. Reporting to HUD
The Co unty wi ll be responsibl e for seei ng that al l necessary rep orts and information requ ired of tl1e
County are filed wi th HUD and other appl icable Federal agencies in a timely fas hion.
V. EXTENT OF THE AGREEMENT
1bis agreement, including any documents attached as exhibits which are hereby incorporated herein
by reference, rep resents the enti re and inteb'l'Oted agreement between th e County, and SubGranlee
an d supersedes all prior negotiati ons, re presentations or agreements, either written or oral. Any
amend ments to thi s agreemen t must be in writing and signed by both th e Cou nty, and SubGrantee.
If any portion of tltis agreement is found by a co urt of competent •u risdiction lo be void and /or
unenforceab le, it is th e intent of the parties that the remainin g pon,ons of tlti s agreement 0 1all be of
full force and e!Tec t.
Vl . NOTICES
Noti ces to be provided under this Agreement shall be given in writing and citl1er delivered by hand
or depos ited in the United Stales mail witl1 sufficient postage to the address es set forth :
To the County: Arap ahoe County Att orney
11
5334 S. Prince Street
Littleton , CO 80166
and
Arapahoe County Hou si ng and Community Development Services
I 690 W. Littleton Blvd., #300
Littleton, CO 80120-2069
To the Sub Granlee: City of Eng lewood
l 000 Englewood Parkway
Englewood, CO 80 110
Family Tree, Inc .
3805 Marshall Street
Wheat Ridge, CO 80033
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In Witness Whereof, the Parties have caused tl1i s Agreement to be dul y executed thi s ______ day
• of ___________ _.2008 .
SubOrantee: City ofEngl ewood
Mayor
Title
SubGrantee : Family Tree, Inc .
~~ • Signs
ChiefExecutive Officer
Title
Board of County Commissioners
Arapahoe County, Colorado
Don Klemme on behalf of the Board of County Commissioners
Pursuant to Resolution #080256 •
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PROJECT BUDGET
COLUMN A COLUMNB COLUMNC COLUMND
l'rojte lAclMlics Esllm1 1cd TotA I Co1 1 or CDD G F11nd1 Olhcr Funds Con1nilltcd
(1rccUybyll11t ilcin) Activity
r,cnonncl 1301 .ISl.00 $25,000.00 S2i\lS I.00
Opcnitinc oosts 1191,934 .00 so $191 ,9)◄.00
TOTAL: !"93,085 .00 $25,000.00 S468,08l .OO
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COUNCIL COMMUNICATION
Date : Agenda It em: Subject:
)line 16, 2008 9 a i 2008 Arapahoe County Comr-,unity D evelopment
Block Gran t (CDBG) Progr:.m
Initiated By :
Community D eve lopment Department
I Staff Source:
Jan et Grimm ea, Housing Finan ce Specialis t
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council pass ed Ordinance No. 13, Ser ies of 2006, th t w: oo difi ed by Amendment N o. 1 dated
February 12, 2007 relating to participa tion in the U rba ,1 ;::, mty Ent itlement Program fo r CDBG and
HOME funds for 2007 through 2009; and, passag e ( R ·,_ lu ti on No. 66, Seri es of 2007 supporting
H ousing and Community Developmen t th at authc..1 ced submitting appli ca ti ons for 2006 CDBG
fL1ndin g.
RECOMMENDED ACTION
Recommendati on to ap pr ove a Bill fo r an O rdinan ce auth orizing the exe".""!:. 11 o:· ,' tet
Intergovernm ental Subgran tee Agree m ents for the 2006 Arapah oe County ( · ,mmu,1,1,
Development Bl oc k Grant Program b etween the Arapa hoe Boa rd of Count) Commissi oners and
th e City of Engl•wood.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Th e Fede ral Community D eve lo pment Bl ock Grant (CDBG) Program prov:des gra nts to units of
local government and urban co unties to meet housing and community d•,ve lopm ent ne eds. Th e
objec ti ve of th e Program is achieved thro ugh projects deve loped by the loca l gover:iment th at are
des igned to give pri ority to thos e ac ti viti es tha t benefit .~ :: · and moderat e-i n~~c.-,e famili es. Funds
are all ocated by statutory formula 10 eac h entitlem ent area. Arapa hoe County is an approve d
entitlement area . Th e gran t funds are distribu ted by Arapahoe County to eac h participatin g city
within the county.
For FY2008, funds are approve d to support the fo ll owing projects :
1. $130,000 for th e Pas eo Pr oj ec t Phase II to complete the reco nstru ction of a 6,000 sq. ft.
walk" ay loca ted on th e w es t side of th e 3400 bloc k of South Br oa dwav. This award
includ es $70,000 of rea ll ocated 2007 CDB G funds plu s $60,000 of 2008 CDBG
funds ;
2. $25,000 for th e Ho us e of H ope Proj ec t to assis t w ith staffing for employees; and
3. $65,000 for th e H omeowner Fi x-Up Project to ad minist er, m onitor and provide gra nts to
impr ove the visual appea ran ce of 15 low-in co me owner-occupied homes wi thin
des ign ated neig hborhood; in th e Ci ty.
FINANCIAL IMPACT
Th e ex isting employees in Communi ty D eve lopment are ava ilable to admin ister the projects, and
th eir sa laries and be;,efits are part of the City's contributio n. Th e City w ill utiliz e a po rti o n o f the
C DBG funding fr om the H o meowner Fix-Up Projec t (e st. $5,000) to partially offset the costs of
th ose sa lari es and be nefi ts .
LIST OF ATTACHMENTS
Bill for an Ordin ance.
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