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HomeMy WebLinkAbout2007 Ordinance No. 027• • • ORDINANCE NO . J2._ SERIES OF 2007 CONTRACT NO, (. '7-.t e(I 7 CONTRACT NO. 65"-;_c., 7 9 b Ii .CONTJIAc.,: Hc4'9-.J«i7 BY AUTHORITY COUNCll. Bll.L NO . 28 INTRODUCED BY COUNCll. MEMBER WOODWARD AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF THREE INTERGOVERNMENTAL SUBGRANTEE AGKEEMENTS (CDBG) FOR THE YEAR 2007 BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COWRADO . WHEREAS, the City Council of the City of Englewood approved the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County by passage of Ordinance No . 39, ~cries of 1994, covering the City's participation in the Arapahoe County CDBG Entitlernen\ ,rogram as extended by Amendment No . 3, for funding years 2004 through 2006; and WHEREAS, the Englewood City Council passec 0rdinance No . 13 , Series of 2006 and that was modified by Amendment No . I dated February, 2007 relating to participation in the Urban County Entillernent Program for CDBG and HOME funds for 2007 through 2009; and WHEREAS, the Englewood City Council passed Resolution No . 78, Series 2006 supponing Housing and Community Development that authorized submilling application for 2007 CDBG funding ; and WHEREAS , the project by the City of Englewood known as the "Housing Rehabilitation Project " including the Handyman Project ; has beeu ·.iegorized as a rehabilitation activity; 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 neighborhoods in the City; ,,nd WHEREAS , the project by the City of Englewood known as the ·•House 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, COLORADO, THAT: ~ The Subgrantee Agreement for the 2007 Arapahoe County Community Development Block Grant-Housing Rehabilitation Project, auached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. ~-The Subgrantee Agreement for the 2007 Arapahoe County Community Development Block Grant -Homeowner Fix-Up Project, attached hereby as Exhibit B, is hereby accepted and approved by the Englewood City Council. ~t.i2n,1. The Subgrantee Agreement for 2007 Arapahoe County Community Development Block Grant -House of Hope Staffing Project, attached hereto as Exhibit C, is hereby accepted • and approved by the Englewood City Council , ~. The Mayor and City Clerk are hereby authorized to sign and attest said Agreements for and on behalf of the City of Englewood, Colorado , ~. The City Manager shall be authorized to further extend and/or amend the subgrantee agreements for the 2007 Arapahoe County Community Development Block Grant Program as needed . Introduced, read in full . and passed on first reading on the 7th day of May, 2007. Published as a Bill for an Ordinance on the 11th day of May, 2007 . Read by title and passed on final reading on the 21st day ofM uy, 2007. Published by title as Ordirance No.,!{).. Series of 2007 , on the 25th day of May, 2007, I. Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, h, r eb" certify that the above and fo re goi ng is~ wie copy of the Ordinance passed final readin! and published by title as Ordinance No~. Series of 2007 . ' I'.~ • • • • • SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY COMMUNITYDEVELOPMENTBLOCKGRANTFUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: HOUSING REHABil..IT ATION PROJECT NUMBER: ENHS 720 This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, for the Community Development Block Grant Program in the Community Resources Department (hereinafter referred to as the County) and the City of Englewood (hereinafter referred to as the SubGrantec) for the conduct of a Community Development Block Grant (CDBG) Project. I. PURPOSE Toe primary objective of Title I of the Housing and Community Development Act of 1974, as amended, and of the Community Development Block Grant (CDBG) Program under this Title is the development of viable urban communities, by providing decent housing, a suitable living environment and expanding economic opportunities , principally for low and moderate income persons . Toe project by the SubGrantee known as the Housing Rehabilitation Project (Project) has been categorized as a Single Family Housing Rehabilitation project and the SubGrantec will maintain documentation with the national objective of Low/Moderate Income Housing activities . Toe SubGrantee may proce..--d to incur costs for the Project upon receipt of an official ''Notice to Proceed" from the County. D. WORK TO BE COMPLETED BY THE SUBGRANTEE The following provisions outline the scope of the work to be completed : The SubGrantec will utilize CDBG funding to provide low interest loans and/or grants to income eligible homeowners for health and safety related home improvements . Typical improvements may include (but are not necessarily limited to) plumbing, electrical systems, roofs, and HVAC work . A. Payment It is expressly agreed and understood that the total amount to be paid by the County under this contract shall not exceed $70,000.00 . 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 aitcria established in Scctiou II-C . Toe parties expressly recognize that the SubGrantcc is to be paid with CDBG funds received from the federal government, and that the obligation of the County to make payment to SubGrantcc is contingent upon receipt of such funds . 1 f A In the event that said funds, or any part thereof, are, or become, 1UU1vailablc, then the County may immediately terminate or amend this agreement To the extent C.R.S. § 29-1-110 is applicable, any financial obligation of the County lo the SubGrantee beyond the cum:nt fiscal year is also • contingent upon adequate funds being appropriated, budgeted and otherwise available. Any Project funds not expended and chawn from the County by the desdline identified in Section n. C. 3. below shall revert lo the County and be utilized for other pmposes. B. Tlmellne All Project activities will be completed by May 31, 2008 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 Projecl I. Quantifiable Goals : The SubGrantee will provide five (5) home improvement loans or grants to income eligible Englewood homeowners . All improvements funded under this grant are lo be perfonned in compliance with applicable local or industry codes and standards . 2. Community Impact: Affordable housing-stability and housing quality 3. Quarterly Perfonnance Standards : June 30 , 2007: September 30, 2007 : December 31 , 2007 : March 31, 2008 : May 31,200: D. Reporting Requlremenll No requirements established Marlcet program, interview potential clients Provide one (1) rehabilitation loan/grant Interview potential clients Provi,b two (2) rehabilitation loans/grants Provide two (2) rehabilitation loans/grants Cumulative total of five (5) loans/grants Complete all renovations funded by project Submit final chawdown and completion report lo County 2 • • • • • I . Project reports will be due within one month following the end of each calendar year quarter (March 31, June 30, September 30, December 31) until the Proje ct 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 arc due annually. E. Labor Standards (Davis-Bacon) It is determined that: Project activities do not require compliance with federal labor standards . F. Environmental Review Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement docs not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by Arapahoe County of a release of funds from the U.S . Department of Housing and Urban Development under 24 CFR Part 58. The parties further agree that the provision of any funds to the project is conditioned on Arapahoe County 's determination to proceed with, modify, or cancel the project based on the results of a subsequent environmental review . G. Uniform Relocadon Act (URA) Project activities require compliance with the Uniform Relocation Act. It has been determined that no action is necessary H. Lead Based Paint The maximum CDBG investment per house renovated under this project may not exceed $24,999. This amount includes any CDBG funding used for project based administrative expenses . The SubGrantee will comply with all other County, state and federal policies, guidelines and requirements related to minimizing lead hazards in residential properties, including 24 CFR Part 35 and Colorado Regulation Nwnber 19 . III. RESPONSIBILITIES OF THE SUBGRANTEE A. Federal Compliance The SubGrantec shall comply with all applicable federal laws, regulations and requirements, and all provisions of the grant agreements received from the U.S. Department of Housing and Urban Development (}flJD) by the County. These include but arc not limited to compliance with the provisions of the Housing and Community Development Act of 1974 and all rules, regulations, 3 guidelines and circulan promulgated by the various federal dcpartme'llts, agencies , administrations and commissions relating to the CDBG Program . A listing of some of the applicable laws and regulations are as follows : • I. 24 CFR Part 570; 2. 24 CFR Parts 84 and 85 ; 3. Title VI of the Civil Rights Actof1964; 4. Title VIlI of the Civil Rights Act of 1968; 5. Sections I 04(b) and I 09 of the Housing and Community Development Act of 1974; 6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and Executive Order 11063; 7. Section 504 of the Rehabilitation Act of1973; 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 opportunity and minority business enterprise regulations established in 24 CFR rart 570.904; 11. Section 3 of the Housing and Utban Development Act of 1968; 12. Non-discrimination in employment, established 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. In the procurement of property and services by participating jurisdiction, State recipients, and subrccipients, the conflict of interest provision in 24 CFR 85.36 and 24 CFR 84.42, rcspcctively, apply. In all cases not governed by • 24 CFR 85 .36 and 24 CFR 84 .42 , the provisions of this section apply. (b) Conflicts prolu'bited . No persons described in paragraph (c) of this section who exercise or who have exercised any functions or responsibilities with respect to activities assis!ed with CDBG funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a COBO-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds there under, either for themselves or those with whom they have flilllll y or business ties, during their tenure or for one year thereafter. (c) Persons covered. The conflict of interest provisions ofparagrapn (b) of this section apply to any person who is an employee, agent, consultant, officer or elected official or appointed official of the participating jurisdiction, State recipient, or subrccipient which are receiving CDBG funds . ( d) Exceptions: Threshold requirements. Upon the written request of the participating jurisdiction, HUD may grant an exception to the provisions of paragraph (b) of this section on a case-by-case basis when it determines that the exception will serve to further the purpose of the COBO lnves1ment Partnership Program and the effective and efficient administiation of the participating jurisdiction's program or project: An exception may be considered only after the participating jurisdiction has provided the following; • • • • (I) A diacloS\ll'O of the nature of the conflict, accompanied by an assurance that there has been public diacloSUl'O of the conflict and a description of how the public discloSUl'O was made; and (2) An opinion of the participating jurisdiction's or State recipient's 11:tomey that the int«est for which the ts<emption is sought would not violate State or local law. (e) Facton to be considen:d for exemption. In determining whether to grant a requested exception after the participating jurisdiction has Slllisfactorily met the requirements of paragraph (d) of this section, HUD will consider the cumulative effect of the following factors, where applicable: (I) Whether the exception would provide a significant cost benefit or an essential degree of e,,:pcrtise to the program or project which would otherwise not be available; (2) Whether the person affected is a mrmber of a group or class oftow income persons intended to be the beneficiaries of the assisted activity and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class ; (3) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect lo the specific assisted activity in question ; ( 4) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (c) of this section ; (5) Whether undue hardship will result either to the participating jurisdiction or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and ( 6) Any other relevant considerations . (f) Owners and Developers. (1) No owner, developer or sponsor of a project assisted with CDBG funds (or officer, employee, agent, elected or appointed official or consultant of the owner, developer or sponsor) whether private, for-profit or non-profit (including a community housing development organization (CHOO) when acting as an owner, developer or sponsor) may occupy a CDBG-assisted affordable housing unit in a proj ect This provision does not apply to an individual who receives CDBG funds to acquire or rehabilitate his or her principal residence or to an employee or agent of the owner or developer of a rental housing project who occupies a housing unit IIS the project manager or maintenance worlcer. (2) Exceptions . Upon writ' n request of a h,iusing owner or developer, the participating jurisdictio,, (or State recipient, if authorized by the State participating jurisdiction) may grant an exception to the provisions of paragraph (f) (!) of this section on a case-by-case basis when it determines that the exception will serve to further the purpose of the CDBG program and the effective and efficient administration of the owner's or developer's CDBG-assisted project. In determining whether to grant a requested exception, the participatingj urisdlction shall consider the following factors: 5 (i)Whether the person receiving the benefit is a member of a group or class oflow-income persons intended to be the beneficiaries of the assisted housing, and the exception will permit such person to • receive gencra!l y the same interests or benefits as are being made available or provide to the group or class ; (ii)Whether the person has withdrawn from h: • or her functions or responsibilities, or the decision making process with respect to the specific assisted housing in question ; (iii) Whether the tenant protection requirements of Sec . 92.253 are being observed; (iv) Whether the affirmative marketing requirements of Sec. 92.35 I 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 accordance with 24 CFR Part 570, no employee, official , agent or consultant of the SubGrantee shall exercise any function or responsibility in which a conflict of interest, real or apparent, would arise. The SubGrantee cannot engage in a federally funded contract with any entity registered in the Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs. B. Non-Appropriations Clause The SubGrantee agrees that it will include in every contract it enters , which relies upon CDBG • monies for funding, a non-appropriation clause that will protect itself and the County from any liability or responsibility or any suit which r,1ight result from the discontinuance of CDBG funding for any reason. Because this SubGrantee Agreement involves funds from a federal grant, to the extent there is a conflict the funding provisions of this SubGrantee Agreement, the federal grant and the federal statutes control rather than the provisions of Section 24-91-103.6, C.R .S. with regard to any public work projects. C. Expenditure Restrictions All CDBG funds that are approved by HUD for expenditure under the County's grant agreement, including those th at are identified for the SubGrantee's Projects and activities, shall be allocated to the specific projects and activities described and listed in the grant agreements. The allocated funds shall be used and expended only for the projects and activities for which the funds are identified. D. Agreement Changes No projects or activities, nor the amount allocated therefor, may be changed without approval by the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if required . Changes must be requested in writing and may not begin until a modification to this Agreement is fully executed. 6 • • • • E. Direct Project Su·pervlslon and Administration The SubGrantee shall h, responsible for the direct supervision and administration of its respective projects or activities . This task shall be accomplished through the use of the SubGrantce's staff, agency and employees . Th, SubGrantce shall be responsible for any injury to persons or damage to property resulting from the negligent acts or errors and omissions of its staff, agents and employees . Because the SubGrantee is respc:isible for the direct supervision and administration of its projects or activities, the County shall not be liable or responsible for cost overruns by the SubGrantcc on any projects or activities . The County shall have no duty or obligation to provide any additional funding to the SubGrantce if its projects or activities cannot be completed with the funds allocated by the County to the SubGrantcc. Any cost overruns shall be the sole responsibility of the SubGrantee . I. The SubGrantee agrees that all funds allocated to it for approved projects or activities shall be used so lely for the purposes approved by the County. Said funds shal l not be used for any non-approved purposes . 2. The SubGrantee agrees that the funds allocated for any approved projects or activities shall be sufficient to complete said projects or activities without any additional CDBG funding. F. Indemnity To the extent allowed by law, the SubGrantee shall indemnify and hold hannless the County and its elected and appointed officials, officers, employees and agents from and against any aud all losses, damages , li abilities , claims, suits, actions or costs, including attorneys fees , made, asserted or incurred as a result of any damage or alleged damage to person or property occasioned by the acts or omissions of SubGrantee, its officers, employees, agents, contractors or subcontractors, arising out of or in any way connected with the Project or tl1e performance of this contract. G. Bonding and Insurance If the SubGrantee's projects involve construction activities , any Contractor ,t uses for said activities shall be required to provide and maintain, until final acceptance by the SubGrantee of all work by such Contractor, the kinds and minimum amounts of insurance as follows : I . Comprehensive General Liability: In the amount of not less than S 1,000,000 combined single limit. Coverage to include : a. Premises Operations b. Products/Completed Operations c. Broad Farm Contractual Liability d. Independent Contractors e. Broad Form Property Damage f. Employees as Additional Insured 7 g. h. i. Personal Injury Arapahoe County and the SubGrantee as Additional Named Insured Waiver of Subrogation 2. Comprehensive Automobile Liability: In the amount of not less than $1,000,000 combined single limit for bodily injury and property damage. Coverage to include : a. Arapahoe County and the SubGrantee as additional Named Insured b. Waiver of Subrogation 3. Employers Llability and Wodcers Compensation: The Contractor shall secure and maintain employers liability and Worker's Compensation Insurance that will protect it against any and all claims resulting from injuries to and death of workers gaged in work under any contract funded pumumt to this agreement Coverpge to include Waiver of Subrogation. 4. All referenced insurance policies and/or certificates of insurance shall be subject to the following stipulations : a. Underwriters shall have no rights of recovery subrogation against Arapahoe County or the SubGrantee; it being the intent of the parties that the insurance policies so effected shall protect the parties and be primary coverage for any and all losses covered by the described insurance. • b. The clause entitled "Other Insurance Provisions" contained in any policy including Arapahoe County as an additional named insured shall not apply to Arapahoe County or the SubGrantee . c. The insurance companies issuing the pol icy or policies shall have no • recourse against Arapahoe County or the SubGrantee for payment of any premiums due or for any assessments under any form of any policy. d. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 5. Certificate of Insurance : The Contractor shall not commence work under any contract funded pursuant to this Agreement until he has submitted to the SubGrantee, received approval thereof, certificates of insurance showing that he has complied with the foregoing insurance requirements . The SubGrantee shall also submit a copy of the Contractors certificates of insurance to the County. 6. Notwithstanding the provisions contained in this paragraph (H) set forth hereinabove, the County reserves the right to modify or waive said provisions for projects or activities for which these provisions would prove prohibitive. The SubGrantee under.rtands, however, that the decision to wai~c or modify those provisions is fully within the discretion cf the County. In accordance with 24 CFR parts 84 and 85 , the following bonding requirements shall apply to all projects exceeding the simplified acquisition threshold: • • • • I. 2. 3. A bid guarantee from each bidder equivalent to 5% of the bid price; A perfonnance bond on the part of the contractor for I 00% of the contract price ; and A payment bond on the part of the contractor for 100% of the contract price . H. Records The Sul>Gnntee shall maintain a complete set of books and records documenting its use ofCDBG funds and its supervision and administration of the Project . Records arc to include documentation verifying Project eligibility and national objective compliance, as well as financial and other administrative aspects involved in performing the Project. The SubGrantcc shall provide full access to these books and records to the County, the Secretary of HUD or his designcc, the Office of Inspector General , and the General Accounting Office so that compliance with Federal laws and regu lations may be confinned. The SubGrantcc further agrees to provide to the County upon request, a copy of any audit reports pertaining to the SubGnntee's financial operations during the tenn of this Agreement. All records pertaining to the Project are to be maintained for a minimum of five years following close-out of the Project. I. Reporting The s~bGrantee shall file all reports and other infonnation necessary to comply with applicable Federal laws and regulations as required by the County and HUD . This shall include providing to the County the infonnation necessary to complete annual Pcrfonnance Reports in a timely fashion. J. Timeliness The SubGnntee shall comply with the quarterly perfonnance standards established in Section ll-C of this Agreement. The SubGrantee understands that failure to comply with the established standards may lea.d to a cancellation of the Project and a loss of all unexpended funds . K. Reimbursement for Expenses The SubGrantee agrees that before the County can distribute any CDBG funds to it, the SubGrantee must submit to th e County's Housing and Community Development Services Division documentation in the fonn required by tha t Division which properly and fully identifies the amount which the SubGrantec is requesting at that time. The County shall have ten (10) working days to review the request. Upon approval of the request, the County will distribute the requested funds to the SubGrantee as soon as possible. L. Program Income All program income directly derived from the Arapahoe County Community Development Block Grant Program received by the SubGrantcc will be retained by the SubGrantee and will be dispersed for its approved CDBG Project activities before additional CDBG funds arc requested from the County. Following completion of the SubGrantcc's Arapahoe County CDBG Projec-'.s, all program income directly generated from the use ofCDBG funds will be remitted to the County . M. Real Property Real property acquired in whole or in part with CDBG funds shall be utilized in accordance with the scope and goals identified in Sections I and D of this Agreem~t. Should the property in question be sold or otherwise disposed of, or the approved property usage discontinued, the SubGrantee shall adhere to the requirements of 24 CFR Parts 84 or 85 (as applicable) regarding the use and disposition of real property. N. State and County Law CompUance All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State statutes and County ordinances, resolutions, rules, and rer,ulations. 0 . Subcontracts If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreement shal l apply to any subcontract. P. Suspension or Termination This Agreement may be suspended or terminated by the County if the SubGrantee materially fails to comply with any term of this Agreement. This Agreement may also be terminated for convenience by mutual agreement of the County and the SubGrantee. Q. In the event that the Unit of General Local Government should withdraw fiom the County's "Urban County" designation, this Agreement shall terminate as of the termination date of the County's CDBG grant Agreement with HUD. R. The SubGrantee certifies that to the best of its knowledge and belief: I. No Federal ap~ropriated funds have been paid or will be paid, by or on behalf of it, to any pmon for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress , or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and, 2. If any funds other than Federal appropriated funds have been paid or will be paid to any pmon for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or 10 • • • • • • cooperative agreement, it will complete and submit Standard Fonn-LLI., "Disclosure Fonn to Report Lobbying." in accordance with its instructions . s. Dlsallowance :!fit is detcnnined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then the SubGrantee shall reimburse the County to the full extent of the disallowance . T. VerlOcatlon of Lawful Presence The SubGrantee shall be responsible for ensuring compliance with C.R.S. Section 24-76 .5-103 by verifying the lawful presence of all persons eighteen years of age or older who apply for any benefits funded in whole or in part by the grr I funds that are the subject of this Agreement. SubGrantee shall verify lawful presence in I ie manner required by the statute, and shall provide proofof compliance upon the request of the County. IV. RESPONsmn.rrms OF THE COUNIY A. Administrative Control The Parties recognize and understand that the County will be the governmental entity required to execute all grant agreements received from HUD pursuant to the County's requests for CDBG funds . Accordingly, the SubGrantee agrees that as to its projects or activities perfonned or conducted under any CDBG agreement, the County shall have the necessary administrative control required to meet HUD requirements. B. Performance and Compliance Monitoring The County's administrative obligations to the SubGrantee pursuant to paragraph A above shall be limited to the pcrfonnance of the administrative tasks necessary to make CDBG funds available to the SubGrantee and to provide Housing and Community Development Services (HCDS) staff whose job it will be to monitor the various projects funded with CDBG monies to monitor compliance with applicable Federal laws and regulations . C. Reporting to HUD The County will be responsible for seeing that all necessary reports and information required of the Cour, y are filed with HUD and other applicable Federal agencies in a timely fashion . 11 V. EXTENTOFTBEAGREEMENT This agreement, including any documents attached u exbibii. which are hereby incorporated herein • by reference, represents the entire end integi:ated agreement between the ColDlty end SubGrantee end supercedes all prior negotiations, representations or agreements, either written or oral . Any amendments to this agreement must be in writing and signed by both the ColDlty and SubGrantee. If any portion of this agreement is found by a court of competent jwisdiction to be void and/or unenforoeable, it is the in ,ent of the parties that the remaining portions of this agreement shall be of full force and effect. 12 • • • • • In Witness Whereof, the Parties have caused this Agreement to be duly executed this _____ day of __________ ___, 2007. SubGnintee: City of Englewood Signature Olga Wolosyn, Mayor Mayor Title Board of County Commissioners Arapahoe County, Colorado Don Klemme on behalf of the Board of County Commissioners Pursuant to Resolution #070118 13 • PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND Pnjed Aclhld• EltbMled Total C09l of CDIGFudl 0tlMr hadl Co....ttted (..,a)byllM-J Adl,tty lldlabodainillnllon $50,000 SS ,000 S<S,000 l.oln/pant e:qxmtl S115 ,000 $65,000 SS0,000 • TO'fAL : S165 ,000 $70,000 S95,000 • • SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Sl GRANTEE: CITY OF ENGLEWOOD PROJECT I .AME: HOMEOWNER FIX-UP PROJECT NUMBER: ENHS 719 This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, for the Community Development Block Grant Program in the Community Resources Department (hereinafter referred to as the County) and the City of Englewood (hereinafter referred to as the SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project I. PURPOSE Toe primary objective of Title I of the Housing and Community Development Acl of 1974, as amended, and of the Community Development Block Grant (CDBG) Program under this Title is the development of viable urban communities, by providing decent housing, a suitable living environment and expanding economic opportunities, principally for low and moderate income persons . The project by the SubGrantee known as the Homeowner Fix-Up Project (Project) has been categorized as a Housing Rehabilitation project and the SubGrantee will maintain docwnentation with the national • objective ofl.ow/Moderate Income Housing activities. • Toe 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 grants to income eligible homeowners for exterior home improvements. The intent of the project is both to im prove Englewood's existing housing stock, as well as improve the visual appearance of deteriorated neighborhoods. Typical improvements may include (but arc not necessarily limited to) paint, siding, windows , roofs, and xeriscaping. A. Payment It is expressly agreed and understood that the total amount to be 'paid by the County under this contract shall not exceed $55,000.00 . 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 11-C. The pe ,ties 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 SubGrantce is contingent upon receipt of such funds. In the event that said funds, or any part thereof, are, or become, unavailable, then the County may immediately tenninate or amend this qieement To the extent C.R.S. § 29-1-110 is applicable, any • financial obligation of the County to the SubGrantce beyond the current fiscal year is also contingent upon adequate funds being appropriated, budgeted and otherwise available. Any Project funds not t'Xpended and drawn from the Cowity by the deadline identified in Section II. C. 3. below shall revert to the County and be utilized for other pUipOses . B. Tlmellne All Project activities will be completed by May 31, 2008 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 provide grants to renovate the exterior of thirteen (13) owner occupied homes to income eligi'ble 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 compliance with applicable local or industry codes and standards . 2. Community Impact : Affordable housing -stability and housing quality 3. Quarterly Performance Standards: June 30, 2007 : September 30, 2007 : December 31, 2007 : March 31, 2008 : No requirements established Provide two (2) renovation grants Market program, interview potential clients Provide four (3) renovation grants Market program, interview potential clients Provide four (4) renovation grants Interview potential clients 2 • • • • • Ma,, 31, 2008 : D. Reporting Requirements Provide four (4) renovation grants Cumulative total of thirteen (13) grants Complete all renovations funded by project Submit final tlrawdown and completion report to County I. Project reports will be due within one month follo.,,ing the end of each calendar year quarter (March 31 , June 30, September 30, December 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. E. Labor Standards (Davis-Bacon) It is determined that: Project activities do not require compliance with federal labor standards. F. Environmental Review Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of iunds or site approval, w1d that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by Arapahoe County of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58. The parties further agree that the provision of any funds to the project is conditioned on Arapahoe County's determination to proceed with, modify, or cancel the project based on the results of a subsequent environmental review . G. Uniform Relocation Act (URA) Project activities require compliance with the Uniform Relocation Act. It has been determined that no action is necessary. H. Lead Based Paint The maximum CDBG investment per house renovated under this project may not exceed $4 ,000 . The SubGrantee will comply with all other County, state and federal policies, guidelines and requirements related to minimizing lead hazards in residential properties , including 24 CFR Part 35 and Colorado Regulation Number 19. ID. RESPONSIBD...ITIES OF THE SUBGRA.'ITEE A. Federal Compliance TI 1e SubGrantee shall comply with all applicable federal laws , regulations and requir :ments, and all • provisions of the grant agreements received from the U.S. Department of Hous ig and Uman Development (HUD) by the County. These include but are not limited to comp iance with the provisions of the Housing and Community Development Act of 1974 and all N 1 is, reip11ations, guidelines and circulars promulgated by the various federal dcp;utments, agencies, idministrations and commissions relating to the COBO Program . A listing of sorne of the appl cable laws and regulations are as follows : I. 24 CFR Part 570 ; 2. 24 CFR Parts 84 and 85 ; 3. Title VI of the Civil Rights Act of 1964; 4. Title VIlI of the Civil Rights Actof1968 ; 5. Sections 104(b) and 109 of the Housing and Community Developmenl Act of 1974; 6. Fair housing regulations established in the Fair Housing Act, Public ,aw 90-284, and Executive Onler 11063; 7. Section 504 of the Rehabilitation Act of 1973 ; 8. Asbestos guidelines established in CPD Notice 90-44 ; 9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39; I 0. Equal employment opportunity and min01ity business enterprise regi tations established in 24 CFR part 570 .904; 11 . Section 3 of the Housing and Uman Development Act of 1968; 12 . Non-discriminati on in employment, established by Executive Onlcr 1246; 13 . Lead Ba.oed paint regulations established in 24 CFR Parts 35 and 57( 608; 14. Audit requirements established in 0MB Circular A-133 ; and I 5. Cost principles established in 0MB Circulars A-87 and A-122 . 16. Conflict oflntcrcst : (a) Applicability. In the procurement of property and scrvi, -s by participating jurisdiaion, State recipients , and subrecipien!s , the conflict of ntcrcst provision in 24 CrR 85 .36 and 24 CFR 84.42, respectively, apply. In all ca :cs not governed by 24 CFR 85 .36 and 24 CFR 84 .42, the provisions of this section t ;,ply. (b) c ,,.,flicts prolubited. No persons dcsaibed in paragraph (c) lfthis section who exercise or who have exercised any functions or rcsponsibili · ics with respect to activities assisted with COBO funds or who are in a position tr> participate in a decision making process or gain inside infonnation with regal'C to these activities, may obtain a financial interest or benefit from a COBO-assisted ictivity, or have an interest in any contract, subcontract or agreement with resp ,ct thereto , or the proceeds there under, either for themselves or those with whom hey have family or business tics, during their tenure or fur one year thereafter. ( c) Persons covered . The conflict of interest provisions of paragrap 1 (b) of this section apply to any person who is an employee, agent, consultant, offic, r or elected official or appointed official of the J)ll1icipating jurisdiction, 'ltate recipi :nt, or subrecipient which are receiving COBO funds. (d) Exceptiona : Threshold requiffments. Upon the written request ,,fthe participating jurisdiction, HUD may grant an exception to the provisions ofpu agraph (b) of this • • • • • section on a caso-by-cue basis when it determines that the exception will serve to further the purpose of the CDBG Investment Partnership Program and the effective and efficient administration of the participating jwisdiction's prosram or project. An exception may be considerad only after the participating jwisdiction bas provided the following: (I) A disclosure of the natuR of the conflict, =mpanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (2) An opinion of the participating jwisdiction'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 ~uested exception after the participating jwisdiction has satisfactorily met the requirements of paragraph (d) of this section, HUD will consider the cumulative effect of the following factors , where applicable : (I) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise not be availal-'e; (2) Wbethter the person affected is a member of a group or class of low income persons intended to be the beneficiaries of the assisted activity and the 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; (3) Whether the affected person bas withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted activity in question; (4) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (c) of this section ; (5) Whether widue hardship will result either to the participating jwisdiction or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and (6) Any other relevant considerations . (f) Owners and Developers . (I) No owner, developer or sponsor of a project assisted with CDBG funds (or officer, employee, agent, elected or appointed official or consultant of the owner, developer or sponsor) whether ,mvate, for-profit or non-profit (including a community housing development organization (CHOO) when acting as an owner, developer or sponsor) may occupy a COBO-assisted affordable housing unit in a project. This provision does not apply to an individual who receives CDBG funds to acquire or rehabilitate his or her principal res idence or to an employee or agent of the owner or developer of a rental housing project who occupies a housing unit as the project manager or maintenance worker. (2) Exreptions . Upon written request of a housing owner or developer, the participating jwisdiction (or State recipient, if authorized by the State participating jwisdiction) may grant an exception to the provisions of 5 paragraph (f) (I) of this section on a case-by-case basis when it detennines that the exception will serve to further the purpose of the CDBG program and the effective and efficient administration of the owner's or developer's • CDBG-assisted project . In determining whether to grant a requested exception, the participating jurisdiction shall consider the following factors: (i)Whether the person receiving the benefit is a member of a group or class oflow-income persons intended to be the beneficiaries of the assisted housing, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provide to the group or class; (ii)Whether the person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted housing in question; (iii) Whether the tenant protection requirements of Sec. 92.253 are being observed ; (iv) Whether the affirmative marketing requirements of Sec . 92 .351 are being observed and followed; and (v) Ally other factor relevant to the participating jurisdiction's determination, including the timing of the requested exception . Additionally, in accordance with 24 CFR Part 570, no employee, official , agent or consultant of the SubGrantee shall exercise any function or responsibility in which a conflict of interest, real or apparent, would arise. The SubGrantee cannot engage in a federally funded contract with any entity registered in the Lists of Parties Excluded From Federal Procurement or Nonprocurement • Programs . B. Non-Appropriations Clause The SubGrantee agrees that it will include in every contract it enters, which reties upon CDBG monies for funding, a non-appropriation clause that will protect itself and the County from any liability or responsibility or any suit which might result from the discontinuance of CDBG funding for any reason. Because this SubGrantee Agreement involves funds from a federal grant, to the extent there is a conflict the funding provisions of this SubGrantee Agreement, the federal grant and the federal statutes control rather than the provisions of Section 24-91-103 .6, C.R.S. with regard to any public work projects. C. Expenditure Restrictions All CDBG funds that are approved by HUD for expenditure under the County's grant agreement, including those that are identified for the SubGrantee's Projects and activities, shall be allocated to the specific projects and activities described and listed in the grant agreements . The allocated fu nds shall be used and expended only for the projects and activities for which the funds are identil!ed . D. Agreement Changes 6 • • • • No projects or activities, nor the amount allo<W'!ld iherefor, may be changed without approval by the CoWlty and acceptance of the revised F' tatement 1111d/or Consolidated Pl1111 by HUD, if required. Oianges must be requested in wri li •1f( , d may not begin until a modification to this Aa,eement is fillly executed . E. Direct Project Supervision and Admln l.r'.radon The SubGrantee shall be responsible for the direct supervision and administration of its respective projects or activities . This task shall be accomplished through the use of the SubGrantee's staff, agency and employees . The SubGrantee shall be responsible for any injury to persons or dan,age to property resulting from the negligent acts or errors 1111d omissions of its staff, agents 1111d employees . Because the SubGrantee is responsible for the direct supervision and administration of its projects or activities, the County shall not be liable or responsible for cost overruns by the SubGrantee on any projects or activities. The County shall have no duty or obligation to provide any additional funding to the SubGrantee if its projects or activities cannot be completed with the funds allocated by the County to the SubGrantee . Any cost overr\UlS shall be the sole responsibility of the SubGrantee. F. I. The SubGrantee agrees that all funds allocated to it for approved projects or activities shall be used solely for the purposes approved by the County. Said funds shall not be used for any non-approved purposes . 2. The SubGrantee agrees that the funds allocated fo r any approved projects or activities shall be sufficient to complete said projects or activities without any additional CDBG funding. Indemnity To the extent allowed by law, the SubGrantee shall indemnify and hold bannless the County and its elected and appointed officials, officers, employees and agents from and against any and all losses, dan,ages, liabilities, claims, suits, actions or costs, including attorneys fees , made, asserted or incurred as a result of any damage or alleged damage to person or property occasioned by the acts or omissions of SubGrantee, its officers, employees, agents, contractors or subcontractors , arising out ofor in any way connected with the Project or•• ~ performance of this contracl G. Bonding and lnsunnce If the SubGrantee's projects involve construction activities, any Contractor it uses for said activities shall be required to provide and maintain, witil final acceptance by the SubGrantee of all work by such Contractor, the kinds and minimwn amounts of insurance as follows : I. Comprehensive General Liability: In the amount ofnot less than $1,000,000 combined single limil Coverage to include: L Premises Operations -b. Products/Completed Operations 7 c. d. e. f. g. h. i. Broad Fonn Contractual Liability Independent Contractors Broad Fonn Property Damage Employees u Additional Insured Penonal lnjlll)' Arapahoe County and the SubGrantee u Additional Named Insured Waiver of Subrogation 2. Comprehensive Automobile Liability: In the amount of not less than $1,000,000 combined single limit for bodily injlll)' and property damage . Coverage to include: a. Arapahoe County and the SubGrantee as additional Named Insured b. Waiver of Subrogation 3. Employers Liability and Workers Compensation : The Contractor shall secure and maintain employer's liability and Worker's Compensation Insurance that will protect it against any and all claims resulting from injuries to and death of workers engaged in work under any contract funded pursuant to this agreement Coverage to include Waiver of Subrogation. 4. All referenced insurance policies and/or certificates of hisurance shall be subject to the following stipulations : • a. Underwriters shall have no rights of recovery sub~>gation against Arapahoe County or the SubGrantee; it being the intent of the parties that the insurance policies so effected shall protect the parties and be primary coverage for any • and all losses covered by the described insurance . b. The clause entitled "Other Insurance Provisions" contained in any policy including Arapahoe County as an additional named insured shall not apply to Arapahoe County or the SubGrantee. c. The insurance companies issuing the policy or policies shall have no recourse against Arapahoe County or the SubGrantee for payment of any premiums due or for any assessments under any fonn of any policy. d. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 5. Certificate of Insurance : The Contractor shall not commence work under any contract funded pursuant to this Agreement until he has submitted to the SubGrantee, received approval thereof, certificates of insurance showing that he has complied with the foregoing insurance requirements. The SubGrantee shall also submit a copy of the Contractor's certificates of insurance to the County. 6. Notwithstanding the provisions contained in this paragraph (H) 5'-1 forth hercinabove, the County reserves the right to modify or waive said pr0"tsions for projects or activities for which these provisions would prove probihtive. The SubGrantee understands, however, that the decision to waive or ·.nodify those provisions is fully within the discretion of the County. • In accordance with 24 CFR parts 84 and 85, the following bonding requirements shall apply to all • projects exceeding the simplified acquisition threshold : • • I. A bid guarantee from each bidder equivalent to 5% of the bid price; 2. A performance bond on the part of the contractor for I 00¾ of the contract price; and 3. A payment bond on the part of the contractor for I 00% of the contract price . H. Record, The SubGrantee shall maintain a complete set of books and records documenting its use ofCDBG funds and its supervision and administration of the Project. Records are to include documentation verifying Project eligibility and national objective compliance, as well as financial and other administrative aspects involved in performing the Project. The SubGrantee shall provide full access to these books and records to the County, the Secretary of HUD or his designee, the Office of Inspector General, and the General Accounting Office so that compliance with Federal laws and regulations may be confirmed. The SubGrantee filrther agrees to provide to the County upon request, a copy of any audit reports pertaining to the SubGrantee's financial operations during the term of this Agreement All records pertaining to the Project are to be maintained for a minimum offive years following clos=ut of the Project . I. Reporting The SubGrantee shall file all reports and other information necessary to comply with applicab le Federal laws and regulations as required by the County and HUD . This shall include providing to the County the information necessary to complete annual Performance Reports in a timely fashion . J. Timeliness The SubGrantee shall comply with the quarterly performance standards established in Section 11-C of this Agreement. The SubGrantee understands that failure to comply with the established standards may lead to a cancellation of the Pmiect 11nd a loss of all unexpended funds . K. Reimbunement for Expenses The SubGrantee agrees that before the C:ounty can distribute any CDBG funds to it, the SubGrantee must submit to the County's Housing and Community Development Services Division documentation in the form required by that Division which properly and fully identifies the amount which the SubGrantec is requesting at that time . The County shall have ten (10) working days to review the request. Upon approval of the request, the County will distribute the requested funds to the SubGrantee as soon as possible . L. Program Income 9 All prognun income directly derived from the Arapahoe County Community Development Bloclc Grant Program ~ved by the SubGrantee will be retained by the SubGrantcc and will be dispersed for its approved CDBG Project activities before additional CDBO funds arc requested • from the County. Following completion of the SubGrantee's Arapahoe County CDBO Projects, all prognun income directly generated from the use ofCDBO funds will be remitted to the County. M. Real Property Real property acquired in whole or in part with CDBG funds shall be utilized in accordance with the scope and goals identified in Sections I and D of this Agreement. Should the property in question be sold or otherwise disposed of, or the approved property usage discontinued, the SubGrantee shall adhere to the requirements of24 CFR Parts 84 or 85 (as applicable) regarding the use and disposition of real property. N. State and County Law Compliance All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State statutes and County ordinances, resolutions, rules, and regulations . 0. Subcontracts If subcontracts arc used on the Project, the SubGrantee agrees that the provisions of this Agreement shall apply to any subcontract. P. Suspension or Termination This Agreement may be suspended or terminated by the County if the SubGrantee materially fails to comply with any term of this Agreement. This Agreement may also be terminated for convenience by mutual agreement of the County and the SubGrantee. Q. In the event that the Unit of General Local Government should withdraw from the County's "Urban County" designation, this Agreement shall terminate as of the termination d .. te of the County's CDBG grant Agreement with HUD . R. The SubGrantee certifies that to the best of its knowledge and l;elief: I . No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer " employee of Congress, or an employee of~ Member of Congress in connection with the awarding of •1y Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant., loan, or cooperative agreement; and, 10 • • • IV. • • 2. If any funds other than Federal appropriatod funds have been paid or will be paid to any pcnon for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in COMection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its irutructions . S. Dl11Uowaace If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then the SubGrantee shall reimburse the County to the full extent of the disallowance. T. Verification of Lawful Presence The SubGrantee shall be responsible for ensuring compliance with C.R.S. Section 24-76.5-103 by verifying the lawful presence of all persons eighteen years of age or older who apply for any benefits funded in whole or in part by the grant funds that are the subject of this Agreement. SubGrantee shall verify lawful presence in the manner required by the statute, and shall provide proof of compliance upon the request of the County. RESPONSIBILITIES OF THE COUNTY A. Administrative Control The Parties recognize and understand that the County will be the governmental entity required to execute all grant agreements received from HUD pursuant to the County's requests for CDBG funds . Accordingly, the SubGrantee agrees that as to its projects or activities performed or conducted under any CDBG agreement, the County shall have the necessary administrative control required to meet HUD requirements . B. Performance aad CompUaace Monitoring The County's administrative obligations to the SubGrantee pursuant to paragraph A above shall be limited to the performance of the administrative tasks necessary to make COBO funds available to the SubGrantee and to provide Housing and Community Development Services (HCDS) staff whose job it will be to monitor the various projects funded with CDBG monies to monitor compliance with applicable Federal laws and regulations . C. Reporting to HUD The County will be responsible for seeing that all necessary reports and information required of the County are filed with HUD and other applicable Federal agencies in a timely fashion . 11 V. EXTENT OFTBE AGREEMENT Thia aan,cment, including any documents allacl.ed u exlu'bits which are hereby incorponled herein • by refen:nce, represents the aitire and inlqp'lled apemait between the County and SubOnmtee and 111pen:edes all prior negotiations, repreaentationa or qrecmaits, either written or oral . Any amendmaits to this agreemait must be in writing and signod by both the County and SubOnmtee. If 111y portion of this agreernait is found by a court of oornpetent 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. · 12 • • • • • In Witness Whereof, the Parties have caused this Agreement to be duly executed this _____ day of ___________ 2007. SubGrantee: City ofEnglewood Signature Olga Wolosyn -Mayor Mavor Title Board of County Commissioners Arapahoe County, Colorado Don Klemme on behalfofthe Board of County Commissioners Pursuant lo Resolution #0701 I 8 13 • PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND Pn>J ld AdMdto tsd 1111ted Total Cost or .i COBCFuHI Otll• Fuadl Cuaunilted (,pod!)'.,, u .. IUto) ..... .., I Project adminimlllioa $14,000 I $3,000 S11 ,000 Cil'lntl for F.xtcrior Rmov1tions 172,000 ' 152,000 $20,000 • TOTAL: 186,000 SSl,00,., i Sll ,000 .. ________ • • SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD AND FAMILY TREE , INC . PROJECT NAME: HOUSE OF HOPE STAFFING PROJECT NUMBER: ENPS 721 This Agreement is made by and between the Board of County Commi ss ioners of the County of Arapahoe , State of Colorado , for the Community Development Bloc k Grant Program in the Community Resources Department (hereinafter referred to as the County) and the City of Englewood and Family Tree , Inc . (here inafter referred to as the SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Projec t. I. PURPOSE The primary objective of Title I of the Housing a,i,1 Community Development Act of 19~4, as amended, and of the Community Development Block Grant f ( ';)BG) Program under this Title is the d~telopmcnt of viable urban communities , by providing decent ho using, a suitable livi,1g environment anc! expanding economic opportunities , principally for low and moderate income persons . The project by the SubGrantee known as the House of Hope Staffing Project (Project) has been categoriz~d • as a Public Services project and the SubGrantee will maintain docurnt ,1tation with th e 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 SUBGRANTEf The following provisions outl ine the scope of tI-.e 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 farnili,o· A. Payment It is expressly agreed and understood that the total amount to be paid by the County under this contract shall not exceed S34,000.00 . : >rawdowns for the payment of eligible expenses shall be made against the line item budgets specified in the Project Budgr t and in accnrdancc with performance criteria established in Section 11-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 \o SubGrantee is contingent upon m:eipt of such funds . In the event that said funds , or any part th =f, arc, or become, unavailable, then the County m~y i C • • • immediately tenninate or amend this agreement To the extent C.R.S. § 29-1-110 is applicable, any financial obligation of the County to the SubGrantee beyond the current fiscal year is also contlnaent upon adequate funds being appropriated, budgeted and otherwise evailable . Ally Project funds not expended and drawn from the County by the deadline identified in Section Il . C. 3. below shall revert to the County and be utilized for other purposes . B. Tlmeline All Project activities will be completed by May 31, 2008 unless this Agreement is modified by mutual agreement of the County and SubGrantec . C. Perfonnance Criteria In accordance with the funding application submitted by the SubGrantec for the Project, the criteria listed below are to be met during the execution of the Project. I • Quantifiable Goals : The SubGrantec will utilize CDBG funds for the continued employment of staff at the House ofHope located at 3301 South Grant Street, Englewood . 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 65 homeless families for the duration of the grant period. A total of 210 unigne persons will be served by the Project. The SubOrantec 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 -crisis management and ability to transition through the continuum of care 3. Quarterly Performance Standards : June 30, 2007 : Begin to provide services to families September 30. 2001: Provide services to approximately 12-21 families Approximately 3~ unique persons served December 31, 2007 · 2 • • • Provide services to 11pproximately 12-21 families Approximately 36-60 unique persons served March 31,2008: Provide services to approximately 12-21 families Approximately 36-60 unique persons served May 31.2008: May 3 J.2008 cwnu)ative ; Provide services to approximately 8-14 families 65 families served Approximately 24-40 unique persons served 210 unique persons served Submit final drawdown and completion report to County D. Reporting Requirements I. Project reports will be due within one month following the end of each calendar year quarter (March 31, June 30, September 30, December 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 . E. Labor Standard r (Davis-Bacon) It is determined that: Project activities do not require complian ce with federal labor standards. F. Environmental Review Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commibnent of funds or site approval, and that such commibncnt of funds or approval may occur only upon satisfactory completion of environmental review and receipt by Arapahoe County of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58 . The parties further agree that the provision of any funds to the project is conditioned on Arapahoe County's determination to proceed with, modify, or cancel the project based on the results of a subsequent environmental review. G. Uniform Relocation Act (URA) Project activities require compliance with the Uniform Relocation Act. It has been determined that no action is necessary. Ill, RESPONSIBILITIES OF THE SUBGRANTEE A. Federal Compliance 3 The SubGrantee shall comply with all applicable federal laws, regulations and requirements, and all • provisions of the grant agreements received from the U.S. Department of Housing and Urban Development (HUD) by the County. These include but are not limited to compliance with the provisions of the Housing and Community Development Act of 1974 and all rules, regulations, guidelines and circulars promulgated by the various federal departments, agencies, administrations and commissions relating to the CDBG Program. A listing of some of the applicable laws and regulations are as follows : I. 24 CFR Part 570; 2. 24 CFR Parts 84 and 85; 3. Ti•le VJ of the Civil Rights Act of 1964; 4. Title vm of the Civil Rights Act of 1968; 5. Sections I 04(b) and I 09 of the Housing and Community Developmn ll Act of 1974; 6. Fair housing regulations established in the Fair Housing Act, Puhl ic Law 90-284, and Executive Order 11063; 7. Section 504 of the Rehabilitation Act of 1973; 8. Asbestos guidelines established in CPD Notice 90-44; 9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39 ; I 0. Equal employment opportunity and minority business enterprise regulations estabh!hod in 24 CFR part 570 .904 ; 11. Section 3 of the Housing and Urban Development Act of 1968; 12. Non-discrimination in employment, established by Executive Order 11246; 13 . Lead Based paint regulations established in 24 CFR Parts 35 and 57 0.608; • 14. Audit requirements established in 0MB Circular A-133; and 15 . Cost principles established in 0MB Circulars A-87 and A· l 22. Additionally, in accordance with 24 CFR Part 570, no employee, official, agent or consultant of the SubGrantee shall exercise any function or responsibility in which a conflict of interest, real or apparent, would arise. The SubGrantee cannot engage in a federally funded contract with any entity registered in the Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs . B. Non-Appropriations Clause The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG monies for funding, a non-appropriation clause that will protect itself and the County from any liability or responsibility or any suit which might result from the discontinuance of CDBG funding for any reason . Because this SubGrantee Agreement involves funds from a ,'ederal grant, to the extent there is a conflict the funding provisions of this SubGrantee Agreement, the federal grant and the federal statutes control rather than the provisions of Section 24-91-103 .6, C.R.S. with regard to any public work projects . C. Expenditure Restrictions • • • • All CDBG funds that are approved by HUD for expenditwe under the County's grant agreement, including those that are id entified for the SubGrantee's Projects and activities, shall be allocated to the specific projects and activities described and listed in the grant agreements . The allocated funds shall be used and expended only for the projects and activities for which the funds are identified . D. Acreement Changes No projects or activities, nor the amount allocated therefor, may be changed without approval by the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if required . Changes must be requested in writing and may not begin until a modification lo this Agreement is fully executed. E. Llirect Project Supervision and Admin '.stration The SubGrantee shall be responsible fo . the direct supervision and administration of its respective projects or activities . This task shall be accomplished lr-'.'Ough the use of the SubGrantee's staff, agency and employees . The SubGrantee shall be responsible for any injury lo persons or damage to property resulting from the negligent acts or errors and omissions of its staff, agents and employees . Because the SubGranlee is responsible for the direct supervision and administration of its projects or activities, the County shall not be liable or responsible for cost overruns by the SubGrantee on any projects or activities . The County shall have no duty or obligation •o provide any additional funding to the SubGranlee if its projects or activities cannot be completed with the fund s allocated by the County to the SubGrantee. AJ'ly cost overruns shall be the sole respon ,il ility of the SubGrantee . I . The SubGranlee agrees that all funds allocated to ii for approved projects or activities shall be used solely for the purposes approved by the County . Said funds shall not be used for any non-approved pwposes. 2. The SubGranlee agrees that the funds allocated for any approved projects or activities shall be sufficient lo complete said projects or activities without any additional CDBG funding. F. Indemnity To the extent allowed by law, the SubGranlee shall indemnify and hold hannless the County and its ~iected and appointed officials, officers , employees and agents from and against any and all losses, damages, liabilities, claims, su.its, actions or costs, including attomei1s fee s, made, asserted or incurred as a result of any damape or alleged damage to perwn or property occasioned by the acts or omissions of SubGranlee, its offi cers, employees, agents, contractors or subcontractors , arising out of or in any way connected with th e Project or the performance ofthi ~ contract. G . Bonding and Insurance 5 If the SubGrantee's projects involve construction activities, any Contractor it uses for said activities shall be required to provide and maintain, until final acceptance by the SubGrantee of all work by such Contractor, the kinds and minimwn amounts of insurance as follows : • I. Comprehensive General Liability: In the amount of not less than $1,000,000 combined single limit. Coverage to include: a. Premises Operations b. Products/Completed Operations c. Broad Form Contractual 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 Liability: In the amount of not less than $1,000,000 combined single limit for bodily injury and property damage. Coverag" to include : a. Arapahoe County and the SubGrantee as additional Named Insured b. Waiver of Subrogation 3. Employers Liability and Workers Compensation : The Contractor shall secure and maiotain employer's liability and Worker's Compensation Insurance that will protect it against any and all claims resulting from injuries to and death of workers engaged • in work under any contract funded pursuant to this agreement Coverage to incluuc Waiver of Subrogation. 4. All referenced insurance policies and/or certificates of insurance shall be subject to the following stipulations : a. Underwriters shall have no rights of recovery subrogation against Arapahoe County or the SubGrantee ; it being the intent of the parties that the insurance policies so effected shall protect the parties and be primary coverage for any and all losses covered by the described insurance. b. The clause entitled "Other Insurance Provisions" contained in any policy including Arapahoe County as an additional named insured shall not apply to Arapahoe County or the SubGrantee. c. The insurance companies issuing the policy or policies shall have no recourse against Arapahoe County or the SubGrantee f<lr payment of any premiums due or for any assessments under ar.y form of any policy. d. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 5. Certificate of Insurance : The Contractor shall not commence work under any contract funded pursuant to this Agreement until he has submitted to the SubGrantee, received approval thereof, certificates of insurance showing that he has 6 • • • • 6. complied with the foregoing insurance requirements . The SubGrantee shall also submit a copy of the Contractor's certificates of insurance to the County . Notwithstanding the provisions contained in this paragraph (H) set forth hereinabove, the County reserves the right to modify or waive said provisions for projects or activities for which these provisions would prove prohibitive. The SubGrantee understands, however, that the decision to waive or modify those provisions is fully within the discretion of the County. In accordance with 24 CFR parts 84 and 85 , the following bonding requirements shall apply to all projects exceeding the simplified acquisition threshold : I. A bid guarantee from each bidder equivalent to 5% of the bid price; 2. A pcrfonnance bond on the part of the contractor for I 00% of the contract price; a«d 3. A payment bond on the part of the contractor for IOOo/o of the contract price . H. Records The SubGrantee shall maintain a complete set of books and records .~cumenting it.s use of Ci.ili u funds and its supervision and administration of the Project. Records arc to include documentati on verifying Project eligibility and national objective compliance, as well as financial and othtr administrative aspects involved in pcrfonning the Project. The SubGrantee shall provide full access to these books and records to the County, the Secretary of HUD or his designee, the Office of lnspector General, and the General Accounting Office so that compli1111ce with Federal laws and regulations may be confirmed . The SubGrantee further agrees to provide to the County upon request, a copy of any audit reports pertaining to the SubGrantee's financial operations during the tenn of this Agreement. All records pertaining to the Project are to be maintained for a minimum offive years following close -out of the Project. I. Reporting The SubGrantee shall file all reports and other information necessary to comply with applicable Federal laws and regulations as required by the County and HUD. This shall include providing to the County the infonnation necessary to complete annual Perfomiance Reports in a timely fashion. J. Timeliness The SubGrantee shall comply with the quarterly performance standards established in Section 11-C of this Agreement. The SubGrantee understands that failw-e to comply with the established standards may lead to a cancellation of the Project and a loss of all unexpended funds . K. Reimbunement for Expenses The SubGrantec agrees that before the County can distribute any CDBG funds to it, the SubGrantec must submit to the Co..nty's Housing and Community Development Services Division documentation in the fonn required by that Division which properly and full y identifies the nrno unt which the SubGrantee is requesting at that time . The County shall have 1,.1 \ lO) wo rkmg d )'$ to review the request. Upon approval of the request, the County will distribut e lhe reques ted imds to • the SubGrantee as soon as possible . L. Program Income All program income directly derived from tho: Arapahoe County Communil) l ¼veJt,pment Block Grant Prog ram received by the SubGrantet will be retained by the Sul· nmtee and will be dispersed for its approved CDBG Project activities before additional CDBG fonds are requested from the County . Folloving completion of the SubGrantee's Arapahoe Co1111ty COBO Projects, all program income directly generated from the use ofCDBG funds will be remitted to the County. M. Real Property Real property acquired in whole or in part with CDBG funds shall be utikcd in accordance with the scope and goals identified in Secti ons I and II of this Agreement. Should the property in question be sold or otherwise disposed of, or the approved property usage discontinued , the SubGrantee shall adhere to the requirements of24 CFR Parts 84 or 85 (as applicable) regarding the use 1111d disposition of real property. N. State and County Law Compliance All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State • statutes and County ordinances, resolutions, rules, and regulations . 0. Subcontracts If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreement shall apply to any suhcontract. P. Suspension or Termination This Agreement may be suspended or tenninated by the County if the SubGrantee materially fail s to comply with any term of this Agreement. lhis Agreement may also be tcnninated for convenience by mutual agreement of the County and the SubGrantee. Q. In the event that the Unit of General Local Government should withdraw from the County's "U ban County" designation, this Agreement shall terminate as of the tennination date of the County's COBO grant Agreement with HUD . R. lhe 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 behalfof it, to any person for influencing or attempting to influence an officer or employee of 8 • • • • 2. any agency, a Member of Congress , an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract , tJ.e making of any Federal grant , the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation , renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and , If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress , an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. S. Dl11llowance If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for !he SubGrantec's Project or activity was improper, inappropriate or ineligible for reimbursement, then the SubGrantee shall reimburse the County to the full extent of the disallowance . IV, RESPONSIBILITIES OF THE COUNTY A. Adminlatrative Control The Parties recognize and understand that the County will be the governmental entity required to execute all grant agreements received from HUD pursuant to the County's requests fo r CDBG funds . Accordingly, the SubGrantee agrees that as to its projects or activities performed or conducted under any CDBG agr.!l!ment, the County shall have the necessary administrative control required to meet HUD requirements . B. Performance and Compliance Monitoring The County's administrative obligations to the SubGrantee pursuant to paragraph A above shall be limited to the performance of the administrative tasks necessary to make CDBG funds available to the SubGrantee and to provide Housing and Community Development Services staff whose job it will be to monitor the various projects funded with CD BG monies to monitor compliance with applicable Federal laws and regulations . C. Reporting to HUD The County will be responsible for seeing that all necessary reports and information required of the County are filed with HUD and other applicable Federal agencies in a timely fashion . V. EXTENT OF THE AGREEMENT 9 Thia qreement, lncludlna any dooumonll IIIIChed u exhibits which arc hereby incorporated herein by ieC-, reprwa111 the 111tlie and lnleplted aa,ccment bctw,. · the County and SubGrantcc and luperceda all prior ftllOUlllona, nipn.itatlona or agreements, either written or oral . Any • llllcndmenll 10 thla ..,._i mllll be In wridna and aipcd by both the County and SubGrantcc . If any portion of 1h11 ..,.nent 11 found by I CO\llt of competent jurisdiction to be void and/or unenforceabl,, ii l1 the 11111111 of the pmtlea that the remainina portions of this agreement shall be of 11111 forc1 and eff'tcl. • • • • • In Witness Whereof, the Parties have caused this Agreement to be duly executed this _____ day of _____________ , 2007 . SubGrantee : City of Englewood Signature Olga Wolosyn -Mayor Ila or Title SubGrantee : Family Tree , Inc. ci// LI) ~ /l __ r . -:(-di ___ _ Signature Title Board of County Commissioners Arapahoe County, Colorado Don Klemme on behalf of the Board of County Commissioners Pursuant to Resolution #070118 • PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND Project Acdvtda Eltim1icd Total COIi or CDBGFultd1 Othtr F1111ds Committed (lp<dl), by 11,e llt'1) Acdvlty -$289,4« S34,000 SlSS ,444 Optnting Cosu S194)64 0 S194)64 TOTAL: SUJ,101 $34,000 1449,808 • • • • • C UNCIL COMMUNICATION Date: May 7, 2007 Initiated By: I Agenda Item: 11 a ii Community Development Department I Subject: IGA between the City and Arapahoe County I Staff Source: Janel Grimmett , Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council passed Ordinance No . 13, Series of 2006, th at was modified by Amendment No. 1 dated February 12, 2007 relating to particip ation in the Urban County Entitlement Program for CDBG and HOME funds for 2007 through 2009; and, pa ssage of Resolution No. 78, Series of 2006 supporting Housing an d Community Development that authorized submitting applications for 2007 CDBG funding . RECOMMENDED ACTION Staff recommends Council approve a Bill for an Ordinance authorizing the execu tion of thre e Intergove rnmental Subgrantee Agreements between the Arapaho e Boa rd of County Commissioners and the City of Englewood for the 2007 Arapahoe County Community Development Bl ock Grant Program . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Federal Community Deve lopment Block Grant (CDBG) Program provides grants to units of local government and urban counties to meet hou sing and community develop ment needs. The objective of the Program is achieve d through projects developed by the local government that are designed to give priority to th ose activities that benefit low• and moderate-income families. Funds are allocated by statutory formula to each entitlement area. Arapahoe County is an approved entitlement area. The grant funds are distributed by Arapahoe County to eac h participating city within th e county. For FY2007, funds are approved to support the following projects: 1. $70,000 for the Housing Rehabi lit ation Project (including the Handyman Project) to administer, monitor, rehabilitate and/or repair S low·income owner·occupied homes scattered throughout the City; 2. $34,000 for the House of Hope Project to assist with staffing for 2 employees; 3. $55,000 for the Homeowner Fix-Up Project to administer, monitor and provide grants to improve the visual appearance of 13 low-income owner-oc cupied homes within designated neighborhoods in the City; FINANCIAL IMPACT The existing employees in Community Development are available to administer the projects and their salaries and benefits are part of the City's contribution . The City will utilize a portion of the CDBG funding from the Housing Rehabilitation and the Homeowner Fix-Up Project (est. $8,000) to partially offset the costs of th ose salaries and benefits . LIST OF ATTACHMENTS Proposed Bill for an Ordinance. • • •