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HomeMy WebLinkAbout2007 Ordinance No. 069• • • ORDINANCE NO . /eJ_ SERIES OF 2007 BY AUTHORITY .CONTRACT.NO, 1-~co'i <:.'ONTJIAcr NO, .,2 -o o 'iJ COUNCIL BILL NO . 72 INTRODUCED BY COUNCIL MEMBER OAKLEY AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF TWO INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS FOR THE REALLOCATION OF FUNDS FROM THE 2006 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO . WHEREAS , the City Council of the Cit y of Englewood approved the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County by pas sage of Ordinance No . 39 , Series of 1994, covering the City 's panic ipation in the Arapahoe County CDBG Entitlement Program as extended by Amendment No . 3, for funding years 2004 through 2006 : and WHEREAS, the Englewood Cit y Council pas sed Reso lution 78 , Series of 2005, support ing Housing and Community Development that authorized submitting an appli cation for 2006 CDBG funding ; and WHEREAS , the Englewood Cit y Co uncil approved the _ .ution of three intergovernment al Subgrantee Agreement s (CDBG) wi th Arapahoe Count y, one of which was for the Housing Rehabilitati on Project for the year 2006 by the passage of Ordinance No . 11 , Serie s 2006 ; and WHEREAS , in 2006 Englewood received from Arapahoe Cow,t y a CDBG grant of $75,000 for the Housing Rehabilitation Project ; and WHEREAS , the Subgrantee Agreement requires all program income to be spent ti:st be fo re any additional COBO fund s can be requested from the Count y; and Whl.REAS , the City requested extensions of time from Arapahoe County lo spend the funds beyond tht May 3 1, 2007 deadline: and WHEREAS , in October 2007 the Arapahoe County Commissi oners approved the request to reallocate ·.he 2006 CDBG funds of $75,000 to the Pasco Project (Phase I) and the Northwest Englewoc d Sidewalk Project ; and WHHEAS, the passage of thi s Ordinance authorizes and approves the execution of two Intergovernmental Subgrantee Agreements for the reallocation of funds from the 2006 Arapahoe County Community Development Block Grant Program (CDBG) between the Arapahoe Board of County Commissioners and the City nf Englewood, Colorado . NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT: 11 b II ~ The Subpntcc A~t For Arapahoe County Community Development Block Grant Funds -Project Name: !"-ueo Project, Phase I for the reallocation of funds from the 2006 Arapahoe County Community Development Block Grant Prosram (CDBO), attached hereto u Exhibit A, is hereby accepted and approved by the Enalewood City Council . ~-The Subptcc Agreement For Arapahoe County Community Development Block Grant Funds -Project Name : Zuni and Wesley Street Sidewalk Improvements for the reallocation of funds from the 2006 Arapahoe County Community Development Block Grant (CDBG), attached hereto as Exhibit B, 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 bchalfofthe City of Englewood, Colorado . ~-The City Manager shall be authorized to further extend and/or a"Dcnd lhe subgra.ntcc agreements for lhe 2006 A."Bpahoe County Community Development Block Grant Program as needed . Introduced, read in f i'i, and passed on first reading on the 19th day of November, 2007. Published as a Bill for an Ordinance on the 23"' day of November, 2007 . Read by title and passed on final reading on the 3rd day of December, 2007 . Published by title as Ordinance No/tli_, Series of 2007 , on the 7th day ofDecember, 2007. I, :.oucrishia A. Ellis, City Clerk of the City ot Englewood, Colorado , hereby cenify that the above and foregoing is, j'le ccpy of the Ordinance passed on fi ding and published by title as Ordinance No . IflJ, Series of 2007 . • • • • SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: PASEO PROJECT, PHASE I PROJECT NUMBER: ENPF 630 This Agreement is made by and between the Bo of County Commissioners of the County of ,Aapaho~ State of Colorado , for the Community Developm ent Block Grant Program in the Community Rl,ources Department (hereinafter referred to as the County) and the City ofEnglewood (hereinafter referredo as !hi SubGrantee) for the conduct of a Community Developm en t Block Grant (CDBG) Project. I. PURPOSE The primary objective of Title I of the Housing and Community Development Act of 1974, as 111ende.t, and of the Community Dev lopment Block Grant (CDBG) Program under this Title is the develqment <f viable wban communities, by providing decent housing, a suitable living environment and e,pandi~ economic opportunities, principally for low and moderate income persons. The project by the SubGrantee known as the Pasco Project, Phase I (Proj ec t) has been categorized as a PL· lie Facility project and the SubGrantee will maintain docwnentation with the national objecti" of Arca Benefit activities . The SubGrantee may proceed to incur costs for the Project upon rece1r .. of an official "Noti ce to Proceed'' froi., ::.e County. II. WORK TO BE COMPLETED BY THE SUBGRANTEE The following provi sions outline the scope of the work t•J be completed : The SubGrantee will utilize CDBG funding to complete Phase I of the reconstruction of a 6,000 square foot walkway owned by the City of Englewood into a lighted, active public plaza, known as the Pasai Project. The ,··alkway is locatc-d between two historic buildings in downtown Englewood in the 3400 block of South Broadway. Phase I of the projec : will remove concrete, rock and overgrown landscaping, and install conduits for underground utilities and replace concrete for the plaza. A. Payment It is ellpressly agreed and understood that the total amount to be paid by the County under this contract shall not ellceed 550,000.00 . Drawdowns for the payment of eligible expenses shall be made against the !ine item budgets specified in the Project Budget and in accordance with rerformance criteria established in Section Il-C . The parties ellpressly recognize that the SubGrantee is to be paid with <;:DBG funds received from the federal government, and that the obligation of the County to make payment to SubGrantee is contingent upon receipt of such funds . 1 In the event that said funds, or any part thCTCOf, arc, or become, unavailable, 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 •:aunty to the SubGrantee beyond the current fiscal year is also contingent upon adequate funds being appropriated, budgeted and otherwise available. Any Project funds not expended and drawn from the County by the deadline identified in Section n. C. 3. below shall revert to the County and be utilized for other purposes . B. Tlmellne All Project i ctivities 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 0fthe Project. I . Quantifiable Goals : The SubGrantee will utilize CDBG fonding to complete Phase I of the reconstruction of a 6,000 square foot walkway o .vnr.d by the City of Englewood into a lighted, active public plaza, known as the Pasco Project. The walkway is located between two historic buildings in downtown Englewood in the 3400 block of South Broadway. Phase I of • the project will remove concrete, rock and overgrown landscaping, and install conduits • for underground utilities and replace concrete for the plaza. All construction is to be performed in accordance with applicable industry and local codes and standards, as well as the Americans with Disabilities Act. 2. Community Impact: Accessibility-increase public area access, increase pedestrian access Recreation -community usage, visual attractiveness 3. Qua.1erly Performance Standards: December 31. 2007 : Prepare survey Contract with design consultant Preliminary design Final desir,n and construction documents MM£h.111QQi; Advertise and bid project Open bids and award contract 2 • • • • D. Begin site preparation and demolition May 31. 2008: Complete site preparation and demolition Grading, place conduits, compaction, and fonnwork Concrete flatwork, final punch list Submit final drawdown and completion report to County 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 annuall y. E. Labor Standards (Davis-Bacon) It is determined that: Thi s project includes activities requiring compliance with federal labor standards . SubGrantee is to contact Arapahoe County Housing and Community Development Services Divisio n staff for infonnation regarding federal labor standards compliance prior to bidding the Project. SubGrantee shall comp ly with all applicable federal labor standards . F. '.i nvironmental Review Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreem,!nt does not constitute a commitment of funds or si te approval, and that such commitment of funds or approval may occur onl y upon sati sfactory completion of environmental review and receipt by Arapahoe County of a release of fund s from the U.S. Department of Housing and Urban Devel opment under 24 CFR Part 58 . The parti es furth er agree that th~ provisior. of any funds to the project is conditioned on Arapahoe County's determin at ion to proceed with, modify, or cancel the project based on the results ofa subsequent environmental revi ew. G. Uniform Relocation Act (URA) Project activities require compliance with the Uniform Relocation Act. It has b~en determined that no action is necessary. 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 (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 COBO Program. A listing of some of the applicable laws and regulations are 115 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 VIII of the Civil Rights Act of 1968; 5. Sections 104(b) and 109 of the Housing and Community Development Act of I 974; 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 of 1973 ; 8. Asbestos guidelines established in CPD Notice 90-44; 9. Th e Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39; I ' Equal employment opportunity and minority business enterprise regulations established in 24 CF!l part 570.904; 11. Section ~ of the Housing and Urban Development Act of 1968 ; 12. Non -dis crimination 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-1 33; and 15 . Co st principles established in 0MB Circulars A-87 and A-122. Additionally, ii: Jcco rdance with 24 CFR Part 570, no employee, official, agent or consultant of the SubOrantee shall exercise any functi on or responsibil ity in which a conflict of interest, real or apparent, would arise . The SubOrantee cannot engage in a federally funded contract with any entity registered in the Lists of Parties Excluded From Federal Procurement or Nonprocurement Program s. B. Non-Appropriations Clause The SubOrantee agrees that it will include in every co ntract 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 COBO funding for any reason . Because this SubOrantee 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 provision s 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 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 requi red . Changes must be requested in writing and may not begin until a modification to this Agreement is fully executed . E. Direct Project Supervision and Adntinist ration The SubGrantee shall be responsible for the direct supervision and administration of its respective projects or activities. This task shall be accomp lished through the use of the SubGrantee's staff, agency and employees. The SubGrantee sh all be responsible for any injury to persons or damage to property resulting from the negligent acts or errors and omissions of its staff, agents and employees . Because the SubGrantee is responsible for the direct supervision and administration of its projects or activities, the County shall not be liable or responsible for cost ovemms 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 acti vities cannot be completed with the funds allocated by the County to the SubGrantee . Any cost overruns shall be the sole responsibility of the SubGrantee . I. The SubGrant ee agiees that all funds alloca· ed to i, for approved projects or activities shall be used solely for the purposes approved by th e County. Said funds shall not be used for any non-approved purposes. 2. The SubGrantee agi·ees that the fund s 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 harmless the County and its elected and appointed officials, officers , employees and agents from and against any and all losses, damages , liabiliti es , claims , suits, actions or costs, including attorneys fees , made, asserted or incurred as a re:..il t ~r 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 11f or in any way connected with the Project or the performance of this contract. G. Bonding and Insurance 5 If the SubOrantee's projects involve constn:.ction activities, any Conttactor it uses for said activities shall be required to provide and maintain, mtil final acceptance by the SubGrantee of all work by such Conttactor, the kinds and minimum an1ounts of insurance as follows: I. Comprehensive General Liability: In the amount ofnot less than $1,000,000 combined single limit Coverage to include,: a. Premises Operatio:15 b. Products/Complet,ld Operations c. Broad Form Contra~tual Liability d. Independent Contracto:s e. Broad Form Property Damage f. Employees as Additional lnsw-cd g. Personal Injury h. Arapahoe County and the SubGrantee as Additional Named Insured i. Waiver of Subrogation 2. Comprehensive Automobile Liability: In the amo unt o: not less than $1,000,000 combined single limit for bodily inj ,:ry and property damage. Covera ge to include: a. Arapahoe County and the SuhGrantee 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 insurance shall be subject to the following stipulations: a. Underwriters shall ha"e 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 for payment of any premiumlS due or for any assessments under any form of any policy. d. Any and all deductibles contained in any illS'Jl'IUlce polic-y shall be asswned by and at the sole risk of the Contractor. S. Certificate of Insurance: The Contractor shall not commence work under any contract funded pursuant to this Al)l'Celllent until he has submitted to the SubOrantee, received approval thereof, certificates of insurance showing that he has • • • • 6. complied wi th 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 wou ld prove prohibitive. The SubGrantee unrforstands, however, that the deci si on to waive or modify those provisions i~ fully within the discretion of the County. In accordan r.e witl •. 14 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 100% of the contract price; and 3. A payment bond on the part of the contractor for I 00% of the contract price . H. Records The SubGrantee shall maintain a complete set of books and records 1ocumenting its use of CDBG funds and its supervi sion 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 h;s des ignee, the Office of Inspector General , and the General Accounting Office so that compliance 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 SuhGrantee's financi al operations during the term of this Agreement. All records pertaining to the Prvject are to be maintained for a minimum of five years foll cwing close-out of the Project. I , Reporting The SubGrantee shall file all reports and other information necessary to comply with app1 icable Federal laws and regulations as required by the County and HUD . This shall include proviJing to the County the information necessary to complete annual Perfo ance Reports in a timel y fashion. J. Timeliness The SubGrantee shall comply with the quarterly performance standards establiih l in Section 11-C of this Agreement. The SubGrantee understands th at failure to co mply w1,'1 the established standards may lead to a cancellation of the Project and a loss of all unexpended fw: 1s . K. Reimbursement for Expenses The SubGrantee agrees that before the County c..n distribute any CDBG funds to it, the SubGrantee must submit to the County's Housing and Community Development ·services Division documen ation in the fonn n,quired by that Div'.sion which properly and fully identifies the amount which the SubGrantee is n,questing at that time. The County shall have ten (10) working days to review the n,quest. Upon approval of the n,quest, the County will distribute the n,quested funds to the SubGrantee as soon as possible. L. Program Income All prograrr. income directly derived from the Arapahoe County Community Development Block Grant Program received by the SubGrantee will be retained by the SubGrantee and will be dispersed for its approved CDBG Project activities before additional CDBG funds are n,quested from the County. Following completion of the SubGrantee's Arapahoe County CDBG Projects , all program incom~ di:-ectly generated from the use of CDBG funds will be remitted to the County. M. Real Property Real property acquired in whole or in part with CDBG funds shall be utilized in accordance with the scope and goals identified in Sections I and Il 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 dis position ofreal property. N. State and County Law CompUance All responsibilities of th~ SubGrantee enumerated herein shall be subject to applicable State • statutes and County ordinances, reso lutions, 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 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 Aweement. This Agreei:--mt 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 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 appropriated funds have been paid or will be paid, by or on behalf of i~ to any person for intluc:ncing or attempting to influence an officer or employee of • • • • 2. any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in conn· .. tion with the awarding of any Federal contract, the making of any Fedc,ral grant, the making of any Federal loan, the entering into of any cooperative agJCC1t1ent, and the extension, continuation, renewal, 1.."!lendment, 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. Dlsallowance If it is determined by HUD or other federal agency that the expenditure, in whole or in part, fo r 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 . IV. 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 neces sary administrative control required to meet HUD requirements . B. Performance and CompUance 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 CDBG monies to monitor compliance wi11 applicable Federal laws and regulations . C. Reporting to HUD The County will be responsible for seeing that all necessary reports and information requ ired of the County are filed with HUD and other applicable Federal agencies in a timely fashion. V. EXTENT OF THE AGREEMENT 9 This agreement, including any documents attached as exhibits which 11re hereby incorporated hemn by reference, represents the entire and integrated agreement between the County and SubGrantee and supen:edes all prior negotiations, representations or agreements, either written or oral. Any amendments to this agreement must be in writing and signed by both the County and SubGrantee. If any portion of this agreement is found by a court of competent jurisdiction to be void and/or unenforceable, it is the intent of the parties that the remaining portions of this agreement shall be of full force and effect In Witness Whereof, the Parties have caused this Agreement to be duly executed this _____ day of ___________ ~2007. SubGrantee : City ofEnglewood Signature Title Board of County Commissioners Arapahoe County, Colorado Don Klemme on behalfofthe Board of County Commissioners Punuant to Resolution #070118 10 • • • • PROJECT BUDGET CC J.UMNA COLl!MNB COLUMNC COLUMND Pn,ject Acthtda Eltl m11et1 Total Cost or ::oac Fund, OOtr Fu lMII Commi tted (lpldty by Une ltm) AdMI)' lmpn,vancnt land IIIM)' St .too $0 11,100 Archito:t\lrll dcsian fees 117,000 $0 117,000 Pmjecl rnanaacm,cnt 12JOO $0 $2,500 Dano c:dstin1 irnpovan..Tlts. Sl0,000 150,000 $0 a,adina and utility slccvina, and concmep1vin1 • TOTAL: 170,600 150,000 120600 ·~- • SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME : ZUNI AND WESLEY STREET SIDEWALK IMPROVEMENTl PROJECT NUMBER : ENPF 629 This Agreement is made by and between the Board of County Commissioners of the County of Aapahoc, State of Colorado, for the Corru 'l unity Development Block Grant Program in the Community Rtsources Department (hereinafter referred t, as th · County) and the City of Englewood (hereinafter referredlO as the SubGrantee) for the conduct ofa Community Development Block Grant (CDBG) Project. I. PURPOSE The primary objective of Title I of the Housing and Community Development Act of I 974, as ,nended, and of the Commun ity Development Block Grant (CDBG) Program under this Title is the develqment of viable urban communities, by providing decent housing, a suitable living environment and eipanding r,conomic opportunities , principally for low and moderate income persons. The project by the SubGrantee known as the Zuni and Wesley Street Sidewalk lmprovemen~ Project (Project) has been categorized as a Public Facility project and the SubGrantee will maintain docwnentation with the national objective of Arca Benefit activities . The SubGrantee may proceed to incur costs fo r the Proj ec t 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 ins 1 111 /repluce approximately 380 feet (approximalely 2,500 square feet) of curb, gutter, and sidewalk m a rrsiJential neighborhood located on South Zuni Street and West Wesley Avenue, north of the Alternativ e High School. New sidewalk will be installed for the South Zuni Street section between Wesley to Baker Streets . Sidewalk along West Wesley Avenue is damaged and will be upgraded to be in compliance with ADA requirements. A. Payment It is expressly agreed and understcxx! that the total ar.,ount to be paid by the County under this contract shall not exceed $25,000.00. Drawdown ~ for the payment of eligiole expenses shall be made against the line item budgets specified in the Project Budget and in accordance with performance criteria estabiished in Section 11-C. The parties expressly recognize that th~ SubGrantee is to be paid with CDBG funds received from the federal govCffll!lent, ar.d tr .',t the obligation of the County to make payment to SubGrantee is contingent upon receipt of &•Jch funds . • ! • • • In the event that said funds, or any part thereof, are, or become, unavailable, then the County may immediately tcnninate 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 contingent upon adequate funds being appropriated, budgeted and otherwise available . Any Project funds not expended and drawn from the County by the deadline identified in Section II. C. 3. below shall revert to the County and be utilized for other purposes . B. Tlmellne All Project activities will be completed by May 31, 2008 unless this Agreement is modified by mutual agrmnent 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 utilize CDBG funding to install/replace approximately 380 feet (approximately 2,500 square feet) of curb , gutter, and sidewalk in a residential neighborhood located on South Zuni Street and West Wesley Avenue, north of the Alternative High School. New sidewalk will be installed for the South Zuni Street section between Wesley to Baker Streets . Sidewalk along West Wesley Avenue is damaged and will be upgraded to be in compliance with ADA requirements . All construction is to be performed in accordance with applicable industry and local codes and standards, as well as the Americans with Disabilities Act 2. Community Impact: Accessibility-increase public area access , increase pedestrian access 3. Quarterly Performance Standards: December 3 I, 2007: Prepare bid package March 31, 2008 : Select contractor Begin construction and testing ( depending upon weather) May 31,2008: Complete construction and testing Submit final drawdown and completion report to County 2 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 Sta"tlards (Davis-Bacon) It is determined that: This project includes activities requiring compliance with federnl labor standards . SubGrantee is to contact Arapahoe County Housing and Community Development Services Division staff for information regarding federal labor st nndards compliance p1ior to bidding the Project. SubGrantee shall comply with all applicable feder al labor standards. F. Environmental Review Notwithstanding any provi sion of this Agreement, the parties hereto agree and ac knowledge that this Agreement does not constitute a co mmitment of funds or site approval , and that such commitment of funds or approval may occur only upon satisfactory completion of en vi ronmental • review and receipt by Arapahoe County of a releru,e of funds from the U.S. Department of Housing • and Urban Development under 24 CFR Part 58. The parties further agree that th e provision of any funds to the project is ~onditioned on Arapahoe County 's determination to prr,cecd with , modify, or cancel the project based on th e results of a subsequent environmental review . G. Uniform Relocation Act (URA) Project ac •;v ities require compliance with the Uniform Relocation Act. It has been determined that no action is i:ccessary. Ill. RESPONSIBILITIES OF THE SUBGRANTEE A. Federal Compliance The SubGrantee shall comply with all applicable federal laws, regulations and requirements, and all provisi ons 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 : 3 • • • • I. 24 CFR Part 570; 2. 24 CFR Parts 84 and 85; 3. Title VI of the Civil Rights Act of I 964; 4. Title vm of the Civil Rights Act of I 968; 5. Sections l04(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 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 established in 24 CFR part 570.904; 11. Section 3 of the Housing and Urban Development Act of 1968; 12. Non-discrimination in employment, established by Executive Order 11246; 13 . Lead Based paint regulations established in 24 CFR Parts 35 and 570 .608 ; 14. Audit requirements c-stablished in 0MB Circular A-133; and 15. Cost principles established in 0MB Circulars A-87 and A-122. 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 SuuGrantce 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 proje<..s 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 requel>1e.:I in writing and may not begin until a modification to this • Agreement is fully executed . E. Direct Project Supervision and Admlnlstradon 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 injwy to persons or damage to property resulting from the negligent acts or errors and omissions of its staff, agents and employees. Because the SubGrantee is responsible for the direct supervision and administration of its projects or activities, the County shall not be liable or 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 ovenuns 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 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 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 harmless the County and its elected and appointed 0flicials, officers, employees and agents from and against any and all losses, damages, liabilities, cla:ms, 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 the performance of this contract. G. Bonding and Insurance 1f 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 SubC-rantee of all work by such Contractor, the kinds and minimum amounts of insurance as follows: 1. Comprehensive General Liability: In the amount ofnot less than $1,000,000 combined single limit Coverage to include : a. Premises Operations b. Products/Completed Operations 5 • • • • c. d. e. f. g. h. i. Broad Form Contractual Li ability Independent Contractors Broad Form Property Damage Employees as Additional Insured 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. Covera ge to include : a. Arapahoe County and the SubGrantee as additional Named Insured b. Waiver ofS1 ,brogation 3. Employers Liability and Workers Compensation : The Contractor shall secure and maintain employer's liabiliiy 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 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 ·~r any and all losses covered by the described insurance . b. The clause entitled "Other Insurance Pro, isions " 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 form of any ~-!icy. d. Any and all deductibles contained in any insurance policy .,.all 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 Sui>Grantee shall also submit a copy of the Contractor's 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 provi · ons 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 . 6 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 perfonnance bond on the part of the contractor for 100% of the contract price; and 3. A payment bond on the part of the contractor for 100% of the contract price. H. Records The SubGrantee shall maintain a complete set of books and records documenting its use of CDBG funds and its supervision and administration of the Project. Records are to incluLe documentation verifying Project eligibility and national objective compliance, as well as financial and other administrative aspects involved in perfonning 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 further 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 of five years following cl os e-out of the Project. I. Reporting The SubGrantee shall file all reports and other information neces sary to co□ply with applicable Federal laws and regulations as required by the County and HUD . 'This shall include pro,~ding to • the County the information nec essary to complete annual Performance Reports in a timely fashion. J, Timeliness The SubGrantee shall comply with the quarterly performance standards established in Section U-C of this Agreemer I. The SuhGrantee understands that failure to comply with th e established standards may lea d to a cancellation of the Projec t and a loss of all unexpended funds . K. Reimbursement for Expenses The SubGrantee agrees tl1at b~fore the County can distribute any CDBG funds to it, tl1e 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 identities the amount which the SubGrantee 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 requesced funds to the SubGrantee as soon as possible. L. Program Income 7 • • • • All program income directly derived from the Arapahoe C:uunty Community Development Block Grant Program n:ceived by the SubGrantee will be retained by the SubGrantee and will be dispersed for its approved CDBG Project activities before additional CDBG funds are requested from the County. Following completion of the SubGnmtee's Arapahoe County CDBG Projects, all program income directly generated from the use ofCDBG funds wi ll be remitted to the County. M. Real Property Real property acqui 11. 1 in whole or in part with CDBG funds shall be utilized in accordance with the scope and goals identified in Sections I and II of '.his Agreemen .. 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 taw Co npllance All responsibilities of the SubGrai •tee enumerated herein sh all be subject to applicable State statutes and County ordinances, resoh " ·s, rules , and regulations. 0 . Subcontracts If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agrc-ement shall apply to any subcontract. P. Suspension or Termination This Agreement may be suspended or terminated by th e County if the SubGrantee materially fails to comply with any term of this Agreement. This Agreement may also be terminated for convenience by mutual agreemen t of the County and the SubGrantee. Q. in the event that Ire Unit of General Local Government should wi~lidraw fror: 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: 1. No Federal appropriated funds have been paid or ,·.,jll be paid, by or on behalf of it, to any person for influencing or attempting to influei :e e an offieet or employee of any agency, a Member of Congress, an officer or empl0yee of Congress, or an employee of a Member of Congress in connection with the awru-ding of any Fedetal contract, the making of any Fedetal grant, the making nf any Federal loan, the entering into of any cooperative agreement, and the extcnsim:, continuation, renewal, amendment, or modification of any Federal contract, gr.i nt, loan, or cooperative agreement; and, 2. If any funds other than Federal appropriated funds have been paid or will he 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 COM~tion with this Federal contract, grant, loan, or cooperative a(IRClllent, it will complete and submit Standard Fonn-LLL, "Disclosure Fonn to Report Lobbying," in accordance with its instructions . S. Dl1 ■1lowance J< it is determined by HUD or other fed!'!"'.:: agency that the expenditure, in whole or in part, for the SubGrantcc's Project or activity was improper, inappropriate or ineligible for reimbursement, then the SubGrantee shall reimburse the 'ounty to the full extent of the disallowancc . IV. RESPONSIBILITIES OF THE COUNTY A. Administrative Control The Parties recognize and understand ~,at the County will be the governmental entity rt.'quired 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 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 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. V. EXTENTOFTHEA<i REEMENT This agreement, including any documents attached as exhibits which are hereby incorporated herein by reference, represents the entire and integrated agreement between the County and SubGrantee and supcrcedes all prior negotiations, representations or agreements, either written or oral. Any amendments to this agreement must he in writing and signed by both the County and SubGrantec. If any portion of this agreement is found by a court of competent jurisdiction to he void and/or unenforceable, it is the intent of the parties that the remaining portions of this agreement shall he of full force and effect. 9 • • • • • In Witness Whereof, the Parties have caused this Aareement to be duly executed this _____ dsy of __________ ___, 2007 . SubGrantce : City of Englewood Signature Board of County Commissioners Arapahoe County, Colorado Don Klemme on bchalfof the Board of County Commissioners Pwsuant to Resolution #070 I I 8 10 PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND .... Jed Adhillel EltlMlltd TotaJ Colt of CDIIC F■ltdt Olhtr fHcb ColMllintd ( .... I)' b1· Une krm) Ard,ky C-'\1Ctlooand1'11in,,"' Sll,000 Sll,000 so lppn:ur.ibllldy 2..500 aq,.aarc feet orcurb.-andlidc-...U. -Sl,000 Sl,000 TOTAL: $30,000 m.ooo Sl,000 .--.. • • COUNCIL COMMUNICATION Date: A1enda Item: Subject: November 19, 2007 11 a II lntergovernm.-n tal Agreements between the Ci ty and Arapahoe County Initiated By: I Staff Source: Community De velo pment Department Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Coun ci l passed Ordinance No. 39, Series of 1994, that was extended by Amendment No. 3 dated June 26, 2003 relating to part icipation in the Urban County Entitlement Program for CDBG and HOME funds for 2004 through 2006 ; and, passage of Resolution No . 76, Series of 2005 supporting Housing and Community Deve lopment that authorized submitting applications for 2006 CDBG funding. Council passed Ordinance 11 , Series 2006 , approving and authorizing an IGA with Arapahoe County fo r th e Housing Rehabilitation Pr ojec t. • RECOMMENDED ACTION • Approve a Bill for an Ordinance authorizing the execution of two Intergovernmental Subgrantee Agreements between the Arapahoe Board of County Commissioners and th e City of Englewood for the reall ocati on of funds from the 2006 Arapahoe County Community De velopme nt Blo ck Grant Program . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFI ED The Federal Commun ity Development Block Grant (CDBG) Program provides grants to units of local governmen t and urban counties to meet housing and comm unity development needs . The objective of the Program is achie ve d through projects deve loped by the local government that are designed to give priority to those activities that benefit low-an d 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 each participating city within the county. In 2006, the City of Englewood received from Arapahoe County a CDBG grant of $75 ,000 for the Housing Rehabilitation Project The Subgrantee Agreement requires all program Income to be spent first before any additional CDBG funds can be requested from the County. For the program year, the Housing Rehabilitation Project received an abnormally high amount of program Income due to loan payoffs. Staff requested extensions of time from Arapahoe County to spend the funds beyond the May 31 , 2007 deadline , Staff realized that the Housing Rehabilitation Project would not be able to spend the funding by the extended deadline of November 30, 2007 . Staff then requested the reallocation of the $7S,OO0 to two new infrastructure proje cts: 1. The Paseo Project (Phase 1) • $S0,000: The Paseo Proje ct proposes to transform a 6,000 square foot existing walkway owned by the City into a lighted, safe and active public plaza. This public plaza is located be tw een two buildings in Downtown Englewood on the west si de of the 3400 block of South Broadway. Phase 1 will remove ex isting concrete, rock and overgrown landscaping; install conduits for underground utilities, and replace the walkway for the plaza. A 2008 CDBG application will cover Phase 2 that will install new lighting, seating, irrigated plant beds and landscaping . 2. The Northwest Englewood Sidewalk Project -$2S ,000 : The sidewalk project will install or replace approximate ly 380 feet of sidewalk in a residential neighborhood located on South Zuni Street near West Wesley Avenue, just north of the Colorado's Finest Alternati ve High Scho ol. No sidewalk currently exists along the South Zuni Street portion , and it is a safety issue for pedestrians and students . The adjoining sidewalk along West Wesley Avenue is damaged and needs upgrading to be in compliance with ADA requirements . On October 23 , 2007, the Arapahoe County Commissioners unanimously approved the request to reallocate the 2006 CDBG funds of $7S ,000 to the Paseo Project (Phase 1) and the Northwest Englewood Sidewalk Project. FINANCIAL IMPACT • The existing employees in Community De velopment are available to administer the projects and • their salaries and benefits are part of the City's contribution. For the Paseo Project, other committed funds are $20,600 from professional services in the Community Development budget, Community Development staff time for administration, and an already completed survey. For the sidewalk project, other committed funds consist of Community Development staff time for project administration. LIST OF ATTACHMENTS Bill for an Ordinance. •