HomeMy WebLinkAbout2006 Ordinance No. 011•
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ORDINANCE NO . JL
SERIES OF 2006
CONTRACT NO.
BY AUTHORITY
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COUNCIL BILL NO . 12
INTRODUCED BY COUNCIL
MEMBER TOMASSO
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUT ION OF THREE
INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR THE YEAR 2006
BETWEEN THr ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND TH E CITY
OF ENGLEWOOD , COLORADO .
WHEREAS , !he Cily Council of !he Cit y of Englewood anpro ved !he execution of an
In1er govemmen1al Agreement between 1he Cily of Englewood and Arapahoe County by
passage of Ordinance No . 39, Series of I 994 , covering !he City 's parlicipalion in !he
Arapahoe Counly CDBG En1i1lement Program as extended by Amendment No . 3, for funding
years 2004 through 2006; and
WHEREAS, 1he Englewood Cily Council passed Rcsolulion 78, Serie s of 2005, supporting
Housing and Community Dcvclopmcnl 1hal authorized subrnilling an applicalion for 2006
CDBG funding; and
WHEREAS, the project by 1hc Cit y of Englewood known as !he "Hou sing Rehabilitation
Projcc!" has been calcgorizcd as a rchabili1a1ion ac1ivi1y ; and
WHEREAS, the project by !he Cily of Englewood known as !he "Homcowne, Fix-Up
Projc~r· has been categorized as a housing rehabilitation project for low•incomc owner-
occupied homes within designated neighborhoods in !he Cily ; and
WHEREAS, !he projccl by !he Ci1y of Englewood known as !he "Housing Rchabili1a1ion
Project " has been categorized as a rchabililalion aclivily ;
NOW , THEREFORE, BE IT ORDAINED BY THE CIT Y Cl')UNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , THAT :
~. The Subgranlcc Agrccrncnl for 1hc 2006 Arapahoe Counly Community
Development Block Gran!-Housing Rchabililalion Projccl, allachcd hcrclo as Exhibit A, is
hereby accepted and approved by !he Englewood Cily Council.
~. The Subgranlcc Agrccmcnl for !he 2006 Arapahoe Coun ly Community
Dcvcloprncnl Block Gran! -Homeowner Fix-Up Projec t, allachcd hereby as Exhibil B, is
hereby acccplcd and approved by !he Englewood Cily Council.
~. The Subgranlcc Agrccmcnl fo r 2006 Arapahoe Counly Communi ly
Dcvelopmenl Block Gran! -Hou se of Hope Projccl , allachcd hcrelo as Exhibit C, is hereby
accepted and approved by !he Englewood City Council.
~. The Mayor and Cily Clerk arc hereby authorized lo si gn and allcst said
Agrcemcnls for and on behalf of !he Ci ly of Eng lewood, Colorado .
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..swillo....S . The Ci1y Manager shall be aulhorized 10 further exlend and/or amend the
subgranlec agrccmenlS for lhc 2006 Arapahoe Counly Communily Dcvclopmenl Block
Gran! Progmn as needed .
Read by lillc and passed on final reading on the 15th day of May , 2006 .
Published by lillc as Ordinance No . L/_, Series of 2006, on lhc 191h day of Mav , 2006 .
I, Loucrishia A. Ellis, Ci1y Clerk of the Cily of Englewood, Co rado , hereby certify 1ha1
1he above and foregoi ng is f ,irue copy of 1he Ordinance passed fi
by 1ille as Ordinance No . JL, Series of 2006 .
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SUBGRANTEE AGREEMENT FOR
ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: CITY OF ENGLEWOOD
PROJECT NAME: HOUSING REHABILITATION
PROJECT NUMBER: ENHS 615
'11iis Agrccmenl is mode by und b~tween lhe Board of Counly Commissioners of 1he Counly of Arapahoe,
Stulc of Colorndo, for the Conununily Devclopmcnl Block Grant Prob,ram in the Community Resources
Dcpurtmcnt (hereinafter referred lo as lhe County) and lhe City ofEnglewood (hereinafter referred lo as the
SubGranlec) for the conducl of a Community Dcvclopmenl Block Grant (CDBG) Project.
I. PURPOSE
The primary objeclive of Tille I of lhe Housing and Community Dcvelopmenl Acl of 1974, as umended,
and of lhc Communily Development Block Grant (CDBG) Program under 1his Title is the development of
viab le urban communities, by providing decent housing, a suitable living environment and expanding
econ om ic opportunities, principally for low and moderate income persons .
The projecl by the SubGranlee known as lhe Housing Rehabilitation Project (Projecl) has been calcgorized
as a Single Family Housing Rehabilitalion projecl and lhe SubGrantee will mainlain documentalion wilh
the national objective of Low/Moderale Income Housing aclivilies.
The SubGranlee may proceed to incur costs for tl1e Project upon receipl of an official "Nolice to Proceed"
from the County.
II. WORK TO BE COMPLETED BY THE SUBGRANTEE
The following pro visions oulline lhe scope oftl·e work to be completed:
111e SubGranlee will ulilize CDBG funding lo provide low intcresl lo ans and /or b'fants lo income eligible
homeowners for heallh and safely related home improven1enls. Typical improvemcnls may include {bul
arc not necessarily limiled lo) plumbing, electrical sys lem s, roofs , and HY AC work.
A. Payment
ll is expressly agreed ar • underslood that lhe Iola! amount lo be paid by tlte Co unly under tl1is
contract shall not exceed $75,000.00. Drawdowns for lhe paymcnl of eligible expenses shall be
mude againsl the line ilem budgets specifi cJ in tl1e Project Gudgel and in accordance with
p~-rfonnance criteria eslablished in Seclion 11-C. 1 he parties expressly recognize that the
SubGranlee is to be paid with CDBG funds received 'rom the federal gove nunent, and thal tl1e
obligation of the Counly lo make payment lo SubGran•.;.e is conlingcnt upon receipt of such funds.
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In the event that sa id funds, or any part thereof, are, or become, una vai lab le, then the Co unty may
immediately tenninate or amend this agreement. To the extent C.R.S . § 29-1-110 is applicable, any •
financia l obligation of the County to the SubGrantee beyond the current fiscal year is also
con tingent upon adequate funds being uppropriated, budgeted and otherwise ava ilable .
Any Project funds not expended and drawn from the County by the deadline identifi rd in Section II.
C. 3. below shall rcve11 to the Co unty and be utili zed for other purp oses.
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All Project activities will be co mpl eted by May 31, 2007 unl ess thi s Agreement is modified by
mutu al ogrecment of the County und SubGrantce.
C. Performance Criteria
In accordance with the funding application su bmitted by the SubGrantee for the Proje ct, the ctiteria
li sted below are to be met du, ,ng the execution of the Project.
D.
I . Quantifiable Goal s:
111e SubGrantee will provide five (5) home improvement loan s or grants to income
eligible Englewood homeowners. All improvements funded under this grant are to be
pcrfom1ed in compliance with applicable lo cal or industry codes and standards .
2. Conununity Impact:
Affordable hou si ng -stab ility "n J housing quality
3. Quarterly Perfonnance Standards :
June 30, 2006:
Septemb er 30, 2006:
De cemb er 31 , 20fl',:
March 3 I, 2007:
May 31, 20 07:
Reporting Requirements
No requirements established
Market prob<ram, interview potential clients
Prov ide one (I) rehabilitation loa n/gra nt
Interview potential clients
Provide two (2) rehabilitation loan s/grants
Prov ide tw o (2) rehabilitation loa ns/grants
Complete all renovation s fund ed by project
Submit final drawdown and completion report to Co unty
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I . Project reports will be due witl1in one month following the end of each calendar year
quarter (M arch 31 , June 30, September 30, December 31) until the Project is completed .
2. The official annu al audit and/or Financial Statements for the SubGrantce in which both
revenue~ and expenditures for the CDBG Projects described herein are detailed are due
annuall y.
E. Labor Standards (Davis-Bacon)
It is detcm1ined th at:
Project activities do not require compliance with federal labor standards.
F. Environmental Review
Notwithstanding any provi sion of thi s Agrcen1~nt, tl1e pm1i es hereto agree and acknowledge that
this Agreement does not const itute a commitment of funds or si te approval, and that such
commitment of funds or approval may occur only upon satisfactory completion of en viro nmental
review and receipt by Arapahoe County of a relea se of funds from the U.S. Departm ent of Hou sing
and Urban Development under 24 CFR Part 58. The parties further agree that the provis ion of any
funds to the project is conditioned on Arapahoe County's detenninati on to proceed with, mod ify, or
cancel the project based on the results ofa subsequent environmental review .
G. Uniform Relocation Act (URA)
Project activities do not require compliance with the Uniform Rel ocat ion Act.
H. Lead Based Paint
The maximum CDBG invesbn ent per house renovated under this project may not exceed $24,999.
This amount includes any COBO funding used for project ba sed ad mini strativ e expenses. 111e
SubGrantee will comply with all other County, state and federal policies, guidelines and
requirements related to minimi zing lead hazard s in residential properties, including 24 CFR Part 35
and Colorado Regulation Number I 9.
Ill. RESPONSIBILITIES OF THE SUBGRANTEE
A. Federal Compliance
The SubGranlee shall comply with all applicable federal law s, regulati ons and requirements, and all
provi sion s of the grant ab>reements received from the U.S . Department of Hous ing and Urban
Dev elopment (HUD) by the Co unty. l11ess include but are not limited to complian ce with the
provisions of the Hou sing and Cornn1uni\y Development Ac . of 1974 and all ru les , regul ati ons,
guidelines and circulars promulgated by t1,e vali ous federal depm1ments , agencies, administrations
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and commissions relating to tl1e CDBG Program. A listing of some; of the applicable laws and
regulations arc as follows:
I. 24 CFR Part 570;
2. 24 CFR Parts 84 and 85;
3. Title VJ of the Civil Rights Act of 1964;
4. Title VIII of the Civil Rights Act of 1968;
5. Sections 104(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 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;
10 . 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 requirement. 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 tl1e procurement of property and ~ervices by participating
jurisdiction, State recipients, and subrecipients, the conflict of interest provision in
24 CFR 85.36 and 24 CFR 84.42, respectively, apply . In all eases not governed by
24 CFR 85.36 and 24 CFR 84.42, the provisions of this section apply.
(b) Conflicts prohibited . No persor.s described in paragraph (c) of this section who
exercise or who have exercised any functions or responsibilities with respect to
activities assisted with CDBG funds or who are in a position to participate in a
decision making process or gain inside information with regard to these activities,
may obtain a financial interest or benefit from a CDBG-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 family or
business ties, during their tenure a, for one year thereafter.
(c) Persons covered . The conflict of interest provisions of paragraph (b) of this section
apply to any person who is an employee, agent, consultant, officer or elected official
or appointed official of the participating jurisdiction, State recipient, or subrecipient
which are receiving CDBG funds .
(d) Exceptions: Tiireshold 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 CDBG Investment Partnership Program and the effective
and efficient administration of the participating jurisdiction's program or project.
An exception may be considered only after the participating jurisdiction has
provided the following:
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(I) A di sclosure of the nature of the conflict, accnmpanied by an assurance that
there has been public disclosure of the con / and a description of how the
public disclosure was made; and
(2) An opinion of tl1e participating jurisdiction's or State recipient's attorney
that the interest for which the exemption is sought would not violate State or
local law ,
(e) Factors to be considered for exemption . In detem1ining whether to grant a requested
exception after tl1e participating ju1isdiction has sa tisfacto:.ily met the requirements
of paragraph (d) of this section, HUD will consider the cumulative effect of the
following factors, where applicable:
(I) Whetl1er tl1e exception would provide a significant cost benefit or an
essential degree of expertise to tl1e prob>ram or project which would
otherwise not be availab le;
(2) Whether tl1e 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 availab le or provided to the group or class;
(3) Whether the affected person has witl1drawn from his or her functions or
responsibilities, or the decision making process witl1 respect to the specific
assisted activity in question;
(4) Whether the interest or benefit was present before the affcctcu f'erson was in
a position as described in paragraph (c) of this section;
(5) Whether w1due hardship will result either to the participating jmisdiction or
the person affected when weighed against the public interest served by
avo idin g 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 (o r
officer, employee, agent, elected or appointed offici~I or consultant of the
owner, developer or sponsor) whether ptivate, ,r-profit or non-profit
(including a community housing development organization (CHDO) when
acting as an owner, developer or sponsor) may occupy a CDBG -assisted
afford r.ble housing unit in a project. 111is provision docs not apply to an
individual who receives CDBG funds to acquire or rehabi lit ate 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 as the project manager or
maintenance worker .
(2) Exceptions . Upon written request of a housing owner or developer, "· ..
participating jurisdiction (or State recipient, if authorized by the State
participating ju1isdiction) may grant an exception to th provi sions of
parab'1'8Ph (f) (I) of this section on a case-by-case basis wh en it dcte1111ines
that the exception will se1ve to fu1ther tl1e pu'l'ose of the CDBG program
and the effective and efficient administration of the owner's or developer's
CDBG-assisted project. In detennining whether to grant a requested
exception, the participating jurisdiction shall consider the following factors:
(i)~~1ether the person ·,ecciv ing the benefit is a member of a group
or cla ss of low-in com: persons intended to be the ben efici mies of the I,
assisted housing, and tl1e excep tio n will permit such person to
receive generally the same interests or benefits as are being mad e
available or provide to the group or class;
(ii)Whether the perso n has withdrawn from his or her functions or
respo nsibiliti es, or the decis ion making process with respect to tl1e
speci fic assisted housi ng in quest ion;
(iii) Whether the tenant protection requirements of Sec . 92.253 are
being observed;
(iv) Whether the aflinnativc marketing requirements of Sec. 92.35 1
are being observed and followed; and
(v) Any other factor relevant to the pa11icipating j urisdiction's
detennin atio n, including the timing of the requ es ted exception.
Additionally, in accordance with 24 CFR Part 570, no emp loyee, official, agent or consultan t oftl1e
SubGran:ee shall exercise any function or responsibility in which a conflict of interest, real or
apparent, would arise. The SubGrantce cannot eng•ge in a federally funded contract with any entity
regi stered in the LisJs of Parties Excluded From Fedc.,-al Procuremen t or Nonprocurement
Programs .
B. Non-Appropriations Clause
The SubGranlee agrees that it will inc lude in every contract ii enters, which relics up on CDB G
monies fo r funding, a non-approp1iation clause that will protect itself and the Co unty from any
liability or responsibility or any suit which might result from the discontinuance of CDBG funding
for any reason. Because this SubGrantee Agreement in volves funds from a federal grant, lo the
exlcnl there is a conflict the funding provisions of this SubGranlce Agreement , the federal grant and
th e federal slalu les cont,·ol rather th an lhe provisions of Section 24-91 -I 03 .6, C.R.S. with regard lo
any public work projects .
C. Expenditure Re strictions
All CDBG funds thal arc approved by HUD for expenditure under the County's grant 11.~rccmcnl,
including !ho se Iha! arc id entified for the SubGrantcc's Pr(ljccls and activities, shall he allocated lo
the specific projects and act iviti es de sc ribed and listed in the b'fant Ub'fccmcnls. 111c all or,alcd funds
sha ll be used and expended only for the projects and activities for which the fund~ urc ;dcntificd .
D. Agreement Chnngcs
No projects or activities, nor the amount allocated th erefor, may be clmngcd without approval by
the County and acceptance of the revised Fina l Slalcmen l and/or Consolidated Plan by HUD, if
required. rhanges must be requested in writing and mny not begin until a modifica tion lo thi s
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Agreeme nt is fully executed, •
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E. Direct Project Supervision and Administration
TI1e SubGrantee shall he responsible for the direct supervision and adm ini stration of its respective
projects or activities. This task shall be accomplished through the use of the SubGrantee's staff,
agency and employees. TI1e SubGrantce shall be responsible for any injury tu persons or damage to
property resu lting from the negligent acts or errors and omissio ns of its staff, age nts and employees.
Becau se the 5,. ,Grantee is responsible for the direct sup ervis ion and ad mini stra ti on of its projects
or activities, th e County shall not be liable or responsible for co st ovemms by the SubGrantce on
any projects or ac ti vities. Tiie Co unt y shall have no duty or ob li gation to provide any additional
funding to the SubGnmtee if its projects or acti vities cannot be comp leted with the funds all ocated
by the County to the SubGrantee. Any cost overruns shall be the so le responsibility of the
SubGra nt ee.
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I . TI1e SubGrantee agrees that all funds allocated to it for approved projects or activities
shall be used solely for the purposes approved by th e County. Said fund s shall not be
used for any non-approved purposes.
2. TI1e SubGrnntee agrees th at the ,;mds all ocated for any approved projects or activ ities
shall be suflicient to complete said projects or activities wi th out any ad diti onal COBO
funding.
Indemnity
To the ext ent all owed by law, the SubGranwe shall indemnify and hold hann lc,s th e Cou nt y and its
elected and appointed officia ls, officers , employees and age nt s from and ag :tinst any and all losses,
damages, liabiliti es, claims, suits, ac ti ons or costs, including attomeys fe es. made, asse rt ed or
incutTcd as a result of any damage or all eged damage to perso n or properiy occ .,siv ned by the acts
or omis sions of Sub Gra nt ee, its oflicers, emp loyees, agents, contrac!ors or subcontractors, ari sing
ou t of or in any wa; connected with the Project or the performance of this con tra ct.
G. Bondin g and Insurance
Jfth c Su bGran tec's projects involve construction act iviti es , any Con tract or it uses for said acti vi ties
shall be required to provide and maintain, until firm! ac ccptancc by the Suh Gra nt ee of all work oy
such Contractor, the kinds and minimum amounts of insurance n5 fo ll ows:
I. Comprehensive General Liability: In the amount of not less than $1,000 ,000 comb in ed
single limit. Coverage to include:
a. Premi ses Opera ti ons
b. Products/Completed Opernt ions
c. Broad Fann Con tra ct ual Liahility
d. Ind epe ndent Co ntract ors
e. Broad Fann Propetty Dam age
f. Employees as Additional In sured
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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 SubGrantce as additional Named Insured
b. Waiver of Subrogation
3. Employers Liability and Workers Compensation: TI1e Contractor shall secure and
maintain emp loyer's liability and Worker's Compensation !J1Surance that will protect
it against any and all claims res ulting from inj uries to and death of workers engaged
in work under any contract funded pursuant to this agreement. Coverage lo incl ude
Waiver of Subrogation.
4. All referenced insurance policies and/or certificates of in surance shall be subject to
the following stip ulations:
a. Unde1W1ilers sha ll have no rights of re.:overy subrogation against Aropahoe
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.
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b. TI1e clause entitled "Other Insurance Provisions" contained in any rolicy
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 Arapah oe County or the SubGrantee for payment of any
premiums due or for any as~essments under any fom1 of any policy .
d. Any and all deductibles contained in any insurance policy shall be assumed
by and at the sole risk of th e Contractor .
5. Certificate of Insurance: TI1e Contractor shall not conunence work under any
contract funded pursuant to this Agreement until he has subm itted lo the
SubGrantee, received approval thereof, certificates of insurance showing that he has
complied with the foregoing insurance requirements . TI1e SubGrantee shall also
submit a copy of the Contractor's certificates of insurance to the County.
6. Notwitl1standing 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 fo r which these provisions wou ld prove pro hibi tive. The
SubGrantee understands, however, th at the decision to waive or modify those
provisions is fully wi thin the discretion of the County.
In accordance wi th 24 CFR pa11s R4 an d 85, the following bonding requirements sha ll app ly to all
projects exceeding the simplified arquisition threshold:
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A bid &,'Uarantee from each bidder equi valen t 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 I 00 % of the contract pri ce.
H. Records
TI1e SubGrantee shall maintain a co mplete set of),ooks and records documenting its use ofCDBG
funds and its supervi sion and ad mini strati on of the Project. Records are to include documentation
verifying Project eligibility and national obj cti ve comp li ance, as well as fin ancia l and other
adm ini stra tive aspects· in volved in perfo nning the Project. TI1e SubGrnntec shall provide iull
access to these boo ks and record s to the County, the Secretary of HUD or his designee, the Office
of Inspector General, and the General Accounting Office so tliat co mpli ance wit h Federal laws and
regulations may be confinned . TI1e SubGrantee further agrees to provide to the Cou nty upon
reques t, a copy of any audit reports pertaining to the SubGrantee's fin ancia l operations duting the
ten n of this Agreement. All records pertaining to th e Project are to be maint ai ned fo r a miuimum
of fi ve years following close-o ut of the Project.
I. Reporting
The SubGrantee shall file all reports and oth er infomiation necessary to comply with app licable
Federal laws and regulations as required by the Co unty and HUD. Th is shall include providing to
the County th e infonnati on necessnry to comp lete arumal Perfonnance Repo11s in a timely fa shi on .
.J . Timeliness
The SubGrantee shall comply with th e quarterly perfonnance stan dards es tab li shed in Section 11-C
of this Agreement. 11,e SubGrantee und ersta nd s that fai lure lo co mply with the es tab li shed
standa rd s may lead to a cancell ation of the Proj ect and a loss of all unexpended funds .
K. Reimbursement for Expenses
11,e SubGrantce agrees tlrnl before the Co unty can distribute any CDBG fund s to it, the SubGrantce
must su bmit to the Co unt y's Housing and Co mmunity Develo pm ent Services Divisio n
doc um enta ti on in the fonn req uired by th at Division which properly and fully identifies the nmoun l
whi ch the SubGrantee is requesting al that tim e. TI1e Co unty shall have ten (JO) working days to
review the request. Upo n approval of the request, the Co unty will distribute the requested funds to
th e SubGra ntec as soo n as possible.
L. Program Income
All program income directly deri ved from the Arapahoe C· ·111ty Co mmunit y Devel op ment Block
Grant Program received by the SubGrantee will be rclait,"ll by the SubGran lec and will be
dispersed for its approved CDBG Project activities befo re additional CDBG funds are req uested
from tl,e County. Foll owi ng compl eti on of the SubGrantee's Arapahoe Cou nty CDBG Projects, all
program income dir ectl y generated from the use ofCDBG fund s will be remitted to th e Cou nt y.
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M. Real Propcl'ty
Real property acquired in whole or in part with CDBG funds shall be utilized in accordance with
tl1e scope and goals identified in Sections I and II of this Agreement. Shou ld the property in
question be sold or ot herwi se dispo sed of, or the approved prope11y usage discontinued, the
SubGrantee sha ll adhere to the requirements of24 CFR Parts 84 or 85 (a s applicable) regarding the
use and disposition of real prope11y.
N. State and County Law Compliance
All respon sibilities of the SubGrantee enumerated herein shall be subject to applicable State
statutes and County ordinances , resolutions, rules, and regulations.
0. Subcontracts
If sub contracts are used on the Projec~ the SubGrw1tee agrees tliat tl1e provisions of this Agreement
shall apply to any subcontract.
P. Suspension or Termination
TI1is Agreement may be suspended or terminated by the Cou11ty if the SubGrantee materially fails
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to comply with any term of this Agreement. This Agreement may also be tem1inated for •
convenience by mutual agreement oftl1e County and tl1e SubGrantee.
Q. In the event that tl1e Unit of General Local Government should withdr'dW from the County's
"U rban County" designation, this Agreement shall tenninate as of the tennination dat~ of the
County's CDBG grant Agreement with HUD .
R. TI1e SubGrantee cert ifi es that to the best of it s knowledge and belief:
I . No Federal ap propriated funds have been paid or will be paid, by or on behalf of it,
to any person for influen cing or attempting to influence an officer or emp loyee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awa rding of any Federal
contract, the making of any Federal grant, the making of any Federal loan , the
entering into of any cooperative a1,'l'eement, and the extension, continuation ,
renewal, amendment, or mod ifi ca ti on of any Fed eral 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 person for influencing or attempting lo influen ce nn officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or w1 employee
of a Member of Congress in connection with this Federa l contract, grant, loan, or
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cooperati ve ab,rcemcn t, it wi ll co mplete and subm·: Stan dard Fonn-LLL,
"D iscl os ure Fonn to Repo11 Lobbying," in accordance wi th i1 s in struct ions .
s. Disnllowance
I fit is detenn ined by HUD or other federal agency tl iat th e expe nd iture , in whole or in part, for the
SubGrant ee's Project or activit y was improper, in appropria te or ineligible fo r reimbursement, then
th e SubGrantee sha ll reimburse tl1e Co un ty to the full extent of the disa ll owa nce.
IV . RESPONSIBILITIES OF THE COUNTY
A. Administrative Contro l
171e Pm1ies recob'll ize and und erstand that the County will be the gove rnment al entity required to
execute all grant agreements received from HUD pursuant to the Count y's requests for CDBG
funds. Accordingly, the SubGrantee ab,recs that as to it s projects or activiti es perfonned or
conducted under any CDBG a1,o·eemen t, the Co unty shall have th e necessary admi ni strat ive cont rol
required to meet HUD req uirement s.
B. Performance and Compliance Monitoring
171e Co unt y's administrative ob ligat io ns to th e Su bG rantee pu rnua nt to paragraph A above shall be
limited to th e perfonnance of the admini stra ti ve tasks necessary to make CDBG fund s availab le to
the Su bGrantee and to provide Housing and Co mmunity Development Services (HC DS ) staff
whose job it will be to moni tor the vario us projects funded with CDBG monies to moni tor
compliance with appli cab le Federal laws and regulati ons.
C. Reporting to HUD
·n,e County will be responsible for seei ng th at all necessary rcpo11 s and infonnation req uired of the
Co unt y are filed wi th HUD and oth er app li cab le Federal agencies in II timel y fashion.
V. EXTENT OF THE AGREEMENT
Thi s agreement, in clu ding any documents uttuched as exh ibit s which arc here by in co rporated herein
by re fere nce, represe nt s the entire and intc b,rated agreement between th e Count y and Su bGra nt ce
and su percedes all p1ior negotiations , repre sent ut ions or agreemen t~, either written or oral. Any
amendment s to thi s agreeme nt mu st he in w1iti ng and sign ed by bo th the Cou nty and SubGrantcc.
If any portion of thi s agreeme nt is found by a co u11 of competent jmi sd iction to be vo id and/or
une nforceab le, it is the int en t of the pm1i es that the remaining pm1 ions of thi s agreement shall be of
full force and effect.
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In Witness Whereof, the Partie s have cau ,ed this Abo·ecment to be duly executed this ______ day
of__________ , 200 6.
SubGrant ee: City ofEnglcwo od
Signature -Olga Wolosyn
:-la or
Title
Board of County Conunissioncrs
Arapahoe County, Colorado
Don Klc nune on behalf of the Board of Coun ty Commissioners
Pursuan t to Resolution #050539
1 2
ATTEST:
Locrishia A. Ellis
City Clerk
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PROJECT BUDGET
COLUMN A COLUMNB COLUMNC COLUMND
rrojcdAcllvlllcs Es llnin1 cd Tol al Cost or CD HG Funds Other Fund, Co111mltttd
(spcrif)' hy llnr 11cm) Activity
Rd111b adminiMrntion SS0,000 $7,500 S42,SOO
Lo:uv'gmnt expenses $117,500 S67,l00 $50,000
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TOTAL: Sl67,l00 $75,000 $92 ,500
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SUBGRANTEE AGREEMENT FOR
ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GPANT FUNDS
SUBGRANTEE: CITY OF ENGLEWOOD
PROJECT NAME: HOMEOWNER FIX-UP
PROJECT NUMBER: ENHS 616
TI1is Agreement is made by and betwee n tl1e Board of County Commissioners of the County of Arapahoe,
State of Colorado, for tl1e Community De velo pment Block Grant Pro1,'11lln in the Community Resources
Department (hereinafter refen-ed to as the County) and the City of Englewood (hereinafter refen-ed to as the
SubGrantee) for the conduct of a Conununity Dev elopm ent Blo ck Grant (CDBG) Project.
I. PURPOSE
TI1e p1imary objective of Title I of the Housing and Community Develo pment Act of 1974, as amended ,
and of the Conmmnity Devel op ment Block Grant (CDBG) Program under tl1i s Title is tl1e development of
viable urban communities, by providing decent housing, a suitable living environment an d expanding
economic opportunities, p1incipally for low and moderate income persons.
The project by tl1e SubGrantee known as the Homeowner Fix-Up Proj ect (Project) has been categorized as
a Housing Rehabilit ation project and the SubGrantee will maint ain documentation with the national
objective of Low/Moderate Income Housing acti,~ties.
The SubGrantee may proceed to incur costs for the Project upon receipt of an officia l ''Notice to Proceed"
from the County .
U. WORK TO BE COMPLETED BY THE SUBGRANTEE
TI1e following provi sions outline th e scope of tl1e work to be completed:
The SubGrantee will utilize CDBG funding to provide grants to income eligible homeown ers for exte1ior
home improvements. TI1e intent of the project is both to improve Englewood's existing housing stock, as
well as improve the visual appearance of deteriorated neighborhoods . Typical improvements may include
(but are not necessmily limited to) pai nt, siding, windows, roofs, and xeriscaping.
A. Payment
It is express ly agreed an d understood that the total amount to be paid by the Co unty under this
contract shall not exceed $60,000.00. Drawdowns for tl1e payment of eligible expenses shall be
made against the line item budgets specified in the Project Budget and in accordance with
perfonn ance c1iteria established in Section 11-C. TI1e parti es expressly recognize that the
SubGrantee is to be paid with CDBG funds rece ived from the federal govenunent, and that the
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obliga iion of the County to make payment to SubGrantee is contingent upon receipt of such funds.
In the event that said funds, or any part thereof, are, or become, unavailable , tl1en the County may •
immediately terminate or amend this a1,,reement. 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 .
8 . Timclinc
All Project activities wi ll be comp leted by May 31, 2007 unle ss this Agreement is modified by
mutual agreement of tl1e County and SubGrantee.
C. Performance Criteria
In accordance with the funding application submitted by tlie SubGrantee for the Project, the crite,ia
listed below are to be met during the execullt•n of the Project.
I. Quantifiable Goals :
111e SubGrantee will provide grants to renovate the exterior of fourteen (14) owner
occupied homes to income eligib le 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 pcrfonned in compliance with
applicab le local or industry codes and standards .
2. Community In1pact:
Affordable housing-stab ili ty and housing quality
3. Quarterly Perfonnunce Standards:
June 30, 2006:
September 30, 2006:
December 31 , 2006 :
P-vfarch 31, 2007:
No requirements established
Provide two (2) renovation grants
Market pro1,,ram, int~'!View potential clients
Provide four (4) renovation grants
Market pro1,,ram , interview potential clients
Provide four ( 4) renovation grants
Interview potential clients •
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May 31, 2007 :
D. Reporting Requirem ents
Provid e four (4) renovation grants
Co mpl ete nil renovations funded by project
Submit final drawdown and comp letion report to County
I. Projec t repo11s will be due witl1in one month fo l,ow ing th e end of each calendar year
qu arter (March 31 , Jun e 30, September 30, December 3 I) until the Project is comp leted.
2. TI1e officia l annu al audit and/o r Fi nancial Statements for tl1 e SubGran tee in whi ch both
re ven ues and exp enditures for the CDBG Projects describ ed herein are detail ed arc due
an nu ally.
E. Labor Standards (Davis-Bacon)
It is dclennined th at:
Project activi ties do not require comp lian ce with federal labor stand ards.
F. Environmental Review
Notwithstanding any provis ion of th is Agrc-emcnt, the parti es here to agree and acknow led ge that
thi s Agreement does not co nsti tute a co mmitment of funds or si te approval, and that such
commitment of fund s or approva l may occur only upon sa ti sfactory compl etion of en viro nm ental
review and receipt by Arapahoe Co unty of n :·elea se of funds from the U.S. Department of Housing
and Urban Development und er 24 CF R Part 58. TI1 e parties furt her agree that the provision of any
fund s to the project is co nditi oned on Arapahoe County's detetmination to proceed wit h, modify, or
cancel the project based on the results ofa sub seq uent environm en tal rev iew.
G. Uniform Reloc ation Act (URA)
Project activities do not require co mpli ance with the Unifonn Relocation Act.
H. Lend Based Paint
TI1e ma ximum CDBG inv es tment per house reno vated und er this project may not exceed $4 ,000.
TI1e SubGrant ec will comply wi th all oth er County, state and fcd rral po li cies, guidelines and
requireme nt s relat ed lo minim izing lead hazards in res idential pro pe11i es, in cl uding 24 CFR Pm1 35
and Co lorado Regulation Numb er 19.
Ill. RES PONSIBILITIES OF nm SUBGRANTEE
A, Feclcrnl Co mpli ance
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TI1e SubGrantee shall comply with all applicable fe dera l laws, reb'lliations and requirem ents, and all
provisions of the b,rant ab,reements rece ived frn -the U.S . Dep artment of Housing and Urban •
Development (HUD) by the County . The• 4e hut are not limited to compliance with the
provi sions of the Housing an d Communit:, _ _,_.,mcnt Act of 1974 and all rules, regulations,
guidelines and circulars promulgated by the various federal depai1mcnt s, agencies, admini strations
an d co mmi ssions relating to the CDBG Prob,rmn. A li sting of some of th e ap pli cable laws and
reb'lll ati ons are as follows :
I . 24 CF R Pm1 570;
2. 24 CFR Parts 84 and 85;
3. Title VI of the Civil Rights Act of 19 6t ·
4. Title VIII of the Civil Rights Act of 1968 ;
5. Secti ons 104(b) and 109 of th e Housing and Community Deve lopment Act of 1974;
6. Fair housing regulatio:1s estab li shed in the Fair Housi ng Act, Pub lic Law 90-284, and
Executive Order 11063 ;
7. Section 504 of the Rehabilitation Act of 1973;
8. Asbestos guidelines esta bli shed in CP D Notice 90-44;
9. The Energy Policy and Conservation Act (Public Law 94 -1 63) and 24 CFR Part 39;
I 0. Equ al employment oppo rtunity and minori ty business en te1pri se regulat ions establi shed
in 24 CFR part 570.904;
11. Section 3 of tl1 e Housir.g and Urba n Development Act of 1968;
12. Non-discrimination i:i employment, establish ed by Executive Order 11 246;
13. Lead Based paint regulations esta bli shed in 24 CFR Parts 35 and 570.608; •
14. Audit requirements estab lished in 0MB Circular A-13 3; and
15 . Cos t pli ncip lc s es tab li shed in 0MB Circulars A-87 and A-122.
I 6. Co nflict of Interest:
(a) Applicability. In the procurement of pro perty and services by pmticipating
ju1isdiction , State recipients, and subrecipients, the co nflict of int erest pro,ision in
24 CF R 85.36 and 24 CFR 84 .42 , respectively, apply. In all cases not governed by
24 CFR 85.36 and 24 CFR 84.42 , the pro visions of thi s sectio n app ly.
(b) Co nflicts prohibited. No persons described h paragra ph (c) of this st.-cl ion who
exercise or who have exercised any functions or responsibilities with respect to
activities ass isted with C::JB G funds or who are in a pos iti on to pm1icipute in a
decision making process or gain inside infom1ation with regard to these activities ,
may ob tain a financial interest or benefit from a COBO-assis ted act ivity, or have an
int erest in any co ntract, sub co ntra ct or agree ment wit h res pect th ereto, or the
proceeds th ere under, eith er for th emse lves or tho se with whom th ey hav e family or
busin ess tics, durin g th ei r tenure or for one year thmccafter.
(c) Perso ns r.overed. The co nfli ct of interest prov isions ofparab,raph (b) of thi s sec tion
ap ply to any person who is an empl oyee, agent, co nsultant, officer or clect~d official
or app ointed official of the pm1i cipating juris di ctio n, Stale recipient. or subrccip ient
which are rece iving CDBG fund s.
(d) Exce ption s: Tiucs hold requirements. Upon the ,. :i tten request of the paiticipating
ju1isdiction, HUD may grant an exce ption to the provisions of pa rab,raph (b) of this
sect ion on a case -b y-ca se basis when it detennines that the exce ption will se1ve to •
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further the purpose of the CDBG Investment Partnership Program and the effective
and efficient administration of the participating jurisdiction's program or project.
An exception may be considered only after tl1e pa1ticipating juri sdiction has
provided the following :
(I) A disclosure of tl1e nature of the conflict, accompanied 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 jurisdiction's or State recipient's attorney
that the interest for which the exemption is sought would not violate State or
local law .
(e) Factors to be considered for exemption . In dctem1ining whether to grant a requested
exception after the participating jurisdiction has satisfactorily met the requireme ·1ts
of paragraph (d) of this section, HUD will consider the cumulative effect of the
following fact ors, where applicable:
(1) 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 available;
(2) Whether the person affected is a member of a group or class of low income
persons intended to be the beneficiaries of the assisted activity and the
exception will pennil such person to receive generally the same interests or
benefits as are being made available or provided to the group OJ class;
(3) Whether the affected person has withdrawn from his or her functi~;·,s or
responsibilities , or the decision making process with respect to the ,.pecific
assisted activity in qucsf ,;
( 4) Whetl1er the interest or benefit was present before the affected penmn was in
a position as described in paragraph (c) of this section;
(5) Whetl1er undue hardship will result either to the participating jurisdiction or
the person affected when weighed against the public interest served by
av(,,ding the prohibited conflict; and
(6) Al1y otl,~ relevant considerations .
( f) Owners and Developers.
(1) No owner, developer or sponsor of a project assisted with COBO 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-assisled
affordable housing unit in a project. This provi sion 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 as the project manager rr
maintenance worker.
(2) Exceptions . Upon written request of a housing owner or developer, the
participating jurisdiction (or State recipient, if authorized by the State
participating jurisdiction) may grant an exception lo the provisions of
paragraph (f) (1) of this section 011 a case-by-case basis when it detennines
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that the exception will serve lo fu1ther the purpo se of th e CDBG program
and the effective and efficient administration of the owner's or developer's •
CDBG-ass isted project. In detc1mining whether to !,'Tant a requested
exception, the participating jurisdiction shall consider the following factors :
(i)Whether the person receivi ng the benefit is a member of a group
or class oflow-incJme persons intended to be the beneficiaries of the
assisted housing, and the exception will pem1it such person to
receive generally tl1e same intere sts or benefits as are being made
availab le or provide to the gro up 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;
(i ii) Whether the tenant protection requirements of Sec. 92.253 arc
being observed;
(iv) Whether the affinnative marketing requirements of Sec . 92.35 I
arc being observed and foll owed; and
(v) Any other factor relevant to th e participating juiisdicti on's
detennination , including the timing of the requested exception.
Additionally, in accorda nce with 24 CFR Part 570 , no employee, official, agent or co nsult ant of the
SubGrantee shall exercise any functi on or responsibility in which a conflict of intere st, real or
apparent , would wise. The SubGrantee cannot engage in a federally funded contract with any entity
re&~stered in the Lists of Parties Excluded From Federal Procurement or Nonprocuremcnt
PrD!,'Tams. •
B. Non-Appropriations Clh,1se
TI1e SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG
monies for funding, a non-appropriation clause that wi ll protect it self and the County from any
liability or respon sibility or any suit which might result from the discontinuance of CDBG funding
for any reaso n. Because this SubGrantce Agreement involves fund s from a federal grant, to the
extent there is a conflict the funding provisions of this SubGrantcc Agreemcnl , the federal grunt and
the federal statutes control rather than tl1e provisions of Section 24-91-103.6, C.R.S . with regard to
any pub lic work projects.
C. Expenditure Restrictions
All CDBG funds that are approved oy HUD for expendit ure under the County's b'Tant a!,'TCement,
including tho se that arc id entified for the SubGrw1tee's Projects and ac tiviti es, shall be allocated to
th e specific projects and activities de sc ribed and li sted in the !,'Tant a&'Teements. TI1e allocated funds
shall be used and expended on ly for the projects w1d acti vities for which the funds are identified.
D. Agreement Chnngc5
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No projects or activities, nor the amount all ocated therefor, may be changed without approval by
the County and acceptance of the revised Finni Statement and /or Co nsolidated Plan by HUD , if
required. Changes must be requested in wri ting and may not begin until a modification to this
Agreement is fu ll y executed.
E. Direct Project Supervision and Administration
TI1e SubGrantee shall be responsible for the direct supervi sion nnd 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 sha ll be responsi bl e for any injury to persons or damage to
property resulting from the negligent acts or errors and omissions of its staff, agents and emp loyees.
Because the SubGrantee is responsible for the direct supervision and administration of its projects
or activ iti es, tl1e County shall not be liable or responsible for cost overruns by the SubGrantee on
any projects or activities. The County sha ll have no duty or obligatio n to provide any additional
funding to the SubGrantee if its proj ects or activities carmot be comp leted with the funds all oca ted
by the County to the SubGrantee . Any cost overruns shall be the sole responsibil ity of the
SubGrantee.
F.
I. TI1e SubGrantee agrees that all fund s allocated to it for approved projects or activities
shall be used solely fo r the purposes approved by the County. Said funds sh all not be
used for any non-approved purposes.
2. TI1e SubGrantee agrees that the funds all ocated for any approved projects or activities
shall be sufficie nt to comp let e said projects or activities with out any additional CDBG
funding.
Indemnity
To the extent allowed by law, the SubGrantee sha ll indemnify and hold ham1le ss the Cou nty and its
elected and appointed officials, officers, employees and agents from and against any and all losses,
damages , liabi li ties, claims, suit s, acti ons or costs, including att orneys fees, made, asserted or
incun-ed as a result of any damage or alleged damage to person or property occa sioned by the acts
or omissio ns of SubGrantee, its officers, employees, agents, con •rnctors or subcontractors , arising
out of or in any way connected with the Project or the perfommnce of this co nt ract.
G. Bonding und Insurance
If the SubGrantee's projects involv e construction activities, any Contractor it uses for sa id activities
shall be required lo provide and maintain, until final accept ance by the SubGrantee of nil work by
su ch Co nb11ctor, the kinds nnd minimum amounts of in surance us follows:
I. Compr~hensive General Liability: in the amo unt of not less than $1,000 ,000 co mbined
si ngl e limit. Coverage to include:
a. Premises Operations
b. Products/Completed Operations
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Broad Fonn Contractual Li hilit y
Independent Contractors
Broad Fonn Property Dam •:;c
Employees as Additional Ins,,,.
Personal Injury
Arapahoe County and the Su ,rantee 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 U1e SubGrantee as additional Named Insured
b. Waiver of Subrogation
3. Employers Liability and Workers Compensation : The Con tractor 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 lo include
Waiver of Subrogation.
4. All referenced insurance policies and/or certificates of insurance shall be subject lo
the following stipulations:
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a. Unde1wrilers shall have no rights of recovery subrogation against Arapahoe
Cow1ly or the SubGrantee; it being the intent of the parties that U1e insurance •
policies so effected shall protect the parties and be primary coverage for any
and all losses covered by the desctibed insurance.
b. The clause entitled "OU1er Insurance Provisions" contained in any policy
including Arapahoe County as an additional named insured shall not apply
to Arapahoe County or the SubGranlce .
c. The insurance companies issuing U1e policy or policies shall have no
recourse against Arapahoe County or the SubGrantee for payment of any
premiums due or for any as sessments under any form of any policy.
d. Any and all deductibles contained in any insurance policy shall be assumed
by and at the sole 1isk of the Contractor.
5. Ce1tificate of Insurance : The Contractor shall not conunence work under any
contract funded pursuant to this Ab>reemenl until he has submitted lo the
SubGrantee , received approval thereof, certificates of insurance showing Uial he has
complied with the foregoing insurance requirements. TI1e SubGrantee shall also
submit a copy of the Conlrnclot's certifica tes of insurance to the County.
6. Notwithstanding the pro vision s contained in this paragraph (H) set fmth
hereinabove, the County reserves the tight lo modify or waive said provisions for
projects or acli vi !ies for which these provis ion , would prove prohibitive. TI1e
SubGrantee undc-rs lands, however, U1al the d ~is ion to waive or modify U10se
provisions is fully within the discretion of the Co ,iy. •
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• In accordance wit h 24 CFR pa11s 84 and 85, the fo ll owing bonding requirements sha ll apply to all
projects exceeding the simpl ifi ed acqu isi tion threshold:
I. A bid guarantee from each bidder equi va lent to 5% of the bid price;
2. A perfonnance bond on the part of the co nt ractor fo r I 00% of the contrac t ptice; and
3. A pai111cnt bond on th e part of the co ntra ctor for I 00 % of th e co ntract piice.
H. Re cords
The SubGrantee shall maintain a complete set of books and reco rds documenting its use ofCDBG
fu nd s and its supe,vision and ad mini stra ti on of the Project. Records are to include documentation
verifying Project eli gib ility and national objective comp li ance, as well as financia l and other
administrative aspects in vo lved in perfonning the Project. TI1c SubGra nt cc shall provide full
access to these book s and records to the County , the Secretary of HUD or hi s des ignee , the Office
of In specto r General, and the General Accounting Office so tlmt comp l;d ,,ae with Fed eral laws and
regul ati ons may be confinned. TI1e SubGrantce further agrees to provide to the County upon
request, a copy of any audit rcpot1s pet1aini ng to the SubGrantee's financial operations during the
tctm of this Agreeme nt. All records pertaining to the Project arc to be maintnincd for a min imum
of fi ve years fo ll owing close-out of th e Project.
I. Reportin g
• TI1e SuhGra ntcc shall fil e all repo11s and oth er infonn ati on necessa ry to comply wi th app li cab le
Federal laws and reb'lllation s as required by the Co unt y and HUD. TI1is shall inclu de providing to
th e County the info1111ation necessary to co mplete annua l Perfo1111ancc Repo11 s in a timely fashio n.
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J. Timeliness
The SubGrnn tcc shall comply with the qum1erly pcrfonnancc sta ndards estab li shed in Secti on 11-C
of this Agreement. The SubGra nt ec understands th at fai lure to co mply wi th the established
standards may le ad to a cancell ation of th e Project and a loss of nll unexpended fu nd s.
K. Reimbursement for Expenses
171c SubGran tee agrees that before the Co unty ca n distribute any CDBG funds to it , the Sub Grn ntee
must submit to th e Co unty's Housing and Community Development Scn•ices Division
doc um enta ti on in the fonn required by that Divisio n which properly and fully identifi es th e amoun t
which the SubGnmt ce is reques tin g at that time . The County shall have ten (I 0) work ing days to
review the request. Upo n approval of the request, the Co unty wi ll di stribute the requested funds to
the SubGrnntce as soo n as possible.
L. Pro grnm Income
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All program 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 requested
from the County. Following completion of the SubGrantee's Arapahoe County CDBG Projects, all
program income directly generated from the use of CDBG funds will be remitted to the County.
M. Rea l Property
Real property acquired in whole or in part witl1 CDBG funds shall be utilized in accordance with
the scope and goals identified in Sections I and II of this Agreement. Should the property in
question be ~old 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 are used on the Project, the SubGrantee agrees that the provisions of this Agreement
shall apply to any subcontract.
P. Suspension or Termination
111is Agreement may be suspended or tenminated by the County if the SubGrantee matetially fails
to comply with any term of this Agreement. This Agreement may also be termin ated for
convenience by mutual agreement of the County and tl1e SubGrantee.
Q. In the event that the Unit of General Ll cal Government should withdraw from the C0unty's
"Urban County" designation, this Agreement shall tenninate as of the te,min ation date of the
County's CDBG grant Agreement with HUD .
R. '111e SubGrantee certifies that to the best of it~ knowledge and belief:
I. No Federal appropriated funds have been paid or will be paid, by or on behalf of it,
to any person for influencing or attetnpting to influence an officer or employee of
any agency, a Member of Congress, an officer or etnployee of Congress, or an
employee of a Member of Congress in com1ection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the
et1tering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement; and,
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2. If any funds other than Fed era l appropriated fund s ha ve been paid or will be paid to
any person for influencing or attempting to influence an officer or emplo yee of any
agency, a Member of Congress, an officer or employee ofConb'l'CSS, or an employee
of a Member of Congress in connect ion with this Federal contract, grant , Joan, or
cooperative agreement, it will comp lete and submit Standard Fonn-LLL,
"Disclosure Fonn to Report Lobbying," in accord ance with its in structions.
S. Disallownncc
If it is dctennin ed by HUD or other federal agency that the expenditure, in who le or in part , for the
SubGrantee's Project or activity was improper, inappropriate or in eligible for reimbursement, then
the SubGrantce shall reimburse the County to the full extent of the disallowance.
IV . RESPONSIBILITIES OF THE COUNTY
v.
A. Administrative Control
The Parties recogni ze and understand that the County will be the govenunenta l entity req uired to
execute all grant agreements recei ved from HUD pu rs uant to th e County's requests for CDBG
funds . Accordingly, tl1e SubGrantee •b'l'ees tl1at as to its project s or ac tiv ities perfom1ed or
conducted under any CDBG ab'l'eement , th e County shall have the necessary administrative co ntrol
required to meet HUD requirements .
B. Performance and Complinncc Monitoring
l11e County's administrative obligations to the SubGrantce purs uant to paragraph A above shall be
limited to the perfonnance of the administrative ta sks necessary to make CDBG funds avai la ble to
the SubGrantee and to provide Housing and Community Deve lopm en t Servi ces (HCDS) staff
whose job it will be 16 monitor the variou s projects funded with CDBG monies lo monit or
comp li ance wit h applicab le Federal laws and rei,'1.llati ons.
C. Reporting to HUD
The Co unty will be respon sible for seeing that all neccss aiy repm1s and infonnati on required of the
County are filed with HUD and other app li cab le Federal agencies in a timely fashio n.
EXTENT OF THE AGREEMENT
This agreement, in cluding any docum ent s attached as exhibits which are hereby in co rpo, .. ,ed herein
by reference, represe nt s the entire and integrated agreem ent between the Co unty and SubGra ntce
and supcrceclcs all prior negotiation s, represe ntati ons or agreements, either wdtten or oral. Any
amendments lo thi s Ub'l'eemcnt must be in wdting and signed by both the Coumy and SubGran lce.
If nny pm1ion of thi s agree ment is found by a cou11 of competent jud scliction lo be '.'oid and/or
un enforceable, it is the inte nt of the pai1ies that the remaining po11ion s of thi s agreemen t slrnll be of
full force and effect.
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In Witness Whereof, the Parties ha ve caused this Agreeme nt to be du ly executed this ______ day
of ____________ , 2006.
SubGrantee: City of Englewoo d
Signature Olga Wolosyn
Mayor
Title
Board of County Co mm issioners
Arapahoe County, Colorado
ATTEST:
Loucrishia A. Ellis
City Clerk
Don Klemme on behalf of the Board of Co unty Commissioners
Pursuant to Reso luti on #050539
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PROJECT BUDGET
COLUMN A COLUMNB COLUMNC COLUMND
Projrcl Atth·ltl ci Es llmattd Total Cod or COBG F1111d1 01hcr Fu nd s Commlttrd
(sricrlry by llu r h r m) Acth·lly
Projcct11dm inii;11111ion Sl4 ,000 S4,000 SI0,000
Gronts for Exterior Rcnovntions SSl.000 SS6.000 $25 ,000
• TOTAL: S9S ,000 S60,000 SJS,000
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SUBGMNTEE AGREEMENT FOR
AMPAHOE COU NTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: CITY OF ENGLEWOOD AND FAMILY TREE, INC.
PROJECT NAME: HOUSE OF HOPE STAFFING
PROJECT NUMBER: ENPS 617
This Agree ment is made by and between the Bo ard of Co unt y Commission ers of th e County of Arapalh1e,
State of Co lorado , for the Commu nity Deve lopment Bl ock Gran t Program in the Comm unit y Resources
Depa11 ment (hereinafter refen-e,J to as the County) and th e City of Englewoo d and Famil y Tree, Inc.
(hereinafter refetTed to as the SubGrantee) for th e co nduct of a Community Deve lopment Block Grant
(CDBG) Proj ec t.
I. PURPOSE
The prima1y objective of Title I of the Housing and Community Dev elopment Act of I 974, as amended,
and of th e Co mmunity De velopment Block Grant (CDBG) Program under this Title is the developm ent of
viab le urban com muniti es, by pro viding dec ent hou sing, a suitable livin g environment and expanding
eco nomic oppo11Unities, principally for low and moderate income pers ons .
The project by the SubG rant ee known as the Hou se of Hop e Staffing Proj ect (Project) has been catego1ized
as a Pub li c Serv ices proj ec t and th e SubGrantee will mai nt ain document atio n with the nation al objective of
Limit ed Cli ent ele activities.
The SubGrantee may pro cee d to in cur costs for the Project upon rece ipt of an officia l "Not ice to Proceed"
from the County.
II. WORK TO BE COMPLETED BY THE SUBGRANTEE
The follow in g provisions ou tli ne the scope of the work to be comple ted:
The SubGrantee will utili ze CDBG funding to provide staffing at the Hou se of Hope, which provides long-
tenn shelt er and supp01tive serv ices fo r homeless famili es.
A. Pa yment
It is ex press ly agree d and und erstood that th e total amount to be paid by the Co unty und er this
co ntract shall not exceed $33,788.00 . Draw dow ns fo r the pa yment of eli gibl e ex pen ses shall be
mad e aga in st th e lin e item budgets specified in the Project Budget and in acco rdance wi th
perforn ,ance c1iteria established in Section ll-C . The panics expressly recognize th at the
SubGran ee is to be paid with CDBG funds rece ived from the federal governmen t, and that the
ob li gation of the County to make payment to SubGrantee is contingent upon receipt of such funds .
In the even t that said fonds, or any patt th ereof, arc, or beco me, unavailable, th en th e County may
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 •
contingent upon adequate funds being appropriated , budgeted and otheiwisc available .
Any Project funds not expended and drawn from the County by the deadline identified in Section
ll. C. 3. below shall revert to the County and be utilized for other pull)oses.
B. Tlmellne
All Project activities will be completed by May 31, 2007 unless this Agreement is modified by
mutual agreement of the County and SubGrantec .
C. Performance Criteria
In accordance with the funding applicati• submitted by the SubGrantee for the Project, the criteria
listed below arc to be met durin g the e, , ·tion of the Project.
I. Quantifiable Goals :
The SubGrantec will utilize CDBG funds for the continued employment of staff at the
House of Hope located at 3301 South Grant Street, Englewood . Staff members will be
employed by Family Tree, Inc ., which pro vides staffiti~ and services at the facility . By
maintaining the positions, the SubGrantec will 1-ro,:,.i o ~ervices for a minimum of 65
homeless families for the duration of the .,1 .. ,r11 ;end .. \ total of 210 unique persons •
will be served by the Project.
The SubGrantee may not charge fees or accept donations from clients served for
services provided under this grant.
2. Community Impact:
Homelessness -crisis management and ability to transition through the continuum of
care
3. Quarterly Pcrfonnance Standards :
June 30. 2006:
Begin to provide se1vices to fan1ilies
September 30. 2006:
Provide services to approximately 12-2 I families
Approximately 36-60 unique persons served
December 31. 2006 :
Provide services to approximately 12-21 families •
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Approximately 36 -60 unique persons serve d
Marc:1 31. 2007 :
Provide se,vices to approx im ately 12-21 families
Approximately 36-60 unique persons served
May31. 2007: May 31, 2007 cumulativ e:
Provide services to approximat ely 8-14 families 65 families se rved
Approxi matel y 24-40 unique persons se1ved 210 unique persons served
Submit fin al drawdown and compl et ion report to County
D. Reporting Requirements
1. Proje ct repo11s will be du o •:ilhin er e month following the end of each calendar year
quru1er (March 31, June 30, Se ptemb er 30, Decemb er 31) until the Projec t is compl eted .
2. TI1 e official annu al audit an<1 w Fin ancial Statements for the SubGrru1tee in which both
revenues and expenditures fur th t CDBG Projects desc ribed herein are detailed are due
annually.
E. Labor Standards (Davis-Bacon)
lt is determined that:
Project activities do not require compliance with federal labor standards.
F. Environmental Review
Notwithstanding any provi sion of tb Agreement, the parties hereto agree and acknowledge that
this Agreement does not constitute a commitment of funds or site approval, and that such
commitment of funds , r approval may occur only upon satisfact01 ;• completion of environmental
re vi ew and receipt by Arapahoe County of a r,-leuse of funds from the U.S . Department of Housing
and Urban Development under 24 CFR Pai1 58 . TI1e parties further a!,'l'ee that the provision of any
funds to the project is conditioned on Arapahoe County's detennination to proce ed with , modify, or
cancel th e project hased on the results of a sub seq uent environmental review.
G. Uniform Relocation Act (UR\)
Proi ec t acti vi ties do not require compliance with the Unifonn Reloca tion Act.
lll. RESPONSIBILITIES OF THE SUBGllANTEE
A. Federal Compliance
The SubGrantee shall comply with all applicable federal laws, regulations and requirements, and all
provisions of the grant agreements received from the U.S. Department of Housing and Urban •
Development (HUD) by the County. These include but are not limited to compliance with the
provision s of the Housing and Community Development Act of I 97 4 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 tl1e applicable laws and
regulations are as follows:
1. 24 CFR Part 570;
2. 24 CFR Pai1s 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 197 4;
6. Fair housing regulations C!ltablished 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 establi shed in CPD Notice 90-44;
9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39;
10. 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 I 1246;
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 1n 0MB Circulars A-87 and A-122 .
Additionally, in accordan ce with 24 CFR Part 570, no employee, official, agent or consultant of the
SubGrantee shalJ exercise ai1y function or responsibility in wh ich a conflict of interest , real or
apparent, would arise. The SubGrantee cannot engage in a federall ) ··'1ded contract with any entity
registered in the Lists of Parties Excluded From Federal Pr• ement or Nonprocurement
Programs.
B. Non-Appropriations Clause
The SubGrantee agrees that it will include in every contrnet it enters , which relies upon CDBG
monies for funding, a non-appropriation clause that will protect itself and th e County from any
liability or responsibility or ai1y suit which might result from the discontinuance of CDBG funding
for any reason . Because this SubGrantee Agreement involves funds from a federal grai1t, to the
extent th ere is a conflict the funding provisions of tl1is SubGrantee Agreemen t, the federal grant and
the fed era l statutes control rather than the provisions of Section 24-91-103.6, C.R.S. with regard to
any public work projects .
C. Expenditure Restrktioos
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All CDBG funds that are approved by HUD for expenditure under the County's grant agreement,
including those tliat 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 ihe 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 full y executed .
E. Direct Project Supervision and Administration
The SubGrantee shall be responsi~le for the direct supervision and administration of its respective
projects or activities. This task shall be accomplished through the use of the SubGrantee's staff,
agency and employees. TI1e SubGrantee shall be responsible for any injury to persons or damage to
property resulting from the negligent acts or errors and omissions of its staff, agents and employees.
Because tl1e SubGrantee is responsible fo r the direct supervision and administration of its projects
or activities, the County shall not be liab le or respon sible for cost overruns by the SubGrantee on
any projects or activities . The County shall hav e no duty or obligation to provide any additional
funding to the SubGrantee if its projects or activities cannot be completed with the funds 2Jlocated
by the County to the SubGrantee . Any cost overruns sh all be the sole responsibilit) of the
SubGrantee .
1. The SubGrantee agrees that all funds allocated to ii for approved projects or ~ctivities
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 hannless tl1e County and its
elected and appointed officials, officers, employees and agents from and against any and all losses,
damages, 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 prope11y 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. Bondhig and Insurance
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 minimum amounts of in surance as follows:
I. Comprehensive General Liability: In the amount of not less than $1,000,000 combined
sin gle limit. Coverage to include:
a. Premises Operations
b. Products/Completed Operations
c. Broad Fann Contractual Liability
d. Independent Contractors
e. Broad Fann Property Damage
f. Employees as Additional Insured
g. Personal Injury
h. Arapahoe County and tl1e SubGrantee as Additional Named Insured
i. Waiver of Subrogation
2. Comprehensive Automobile Liability: In tl1e 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 Liability and Workers Compensation: The Contractor shall sec ue Hlld
maintain employer's liability and Worker's Compensation Insurance that will protc·A
it against any and all claims resulting from injuries to and death of workers !llP.~'.,ed •
in work under any contract funded pursuant to this agreement. Coverage to i,.-.!11de,
Waiver of Subrogation.
4. All referenced insurance policies and/or certificates of insurance shall be subject to
the following stipulations:
5.
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 entit led "Other Insurance Provisions" contained in any policy
including Arapahoe County as an additional named insured shall not apply
lo 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 Ullder any fom1 of any policy.
d. Any and all deductibles contained in any insurance policy shall be assumed
by and at the so le risk of the Contractor.
Certificate of Insurance : The Contractor shall not commence work under any
contract funded pursuant lo this Agreement until he has submitted to the
SubGranlee, received approval thereof, certificates of insurance showing that he has
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6.
co mplied with the foregoing in surance requirements . The SubGrant ee shall also
sub mi t a copy of the Comractor's cenificales of ins urance lo the County .
Notwith standin g the provisions con tain ed in thi s paragrap h (H) set fonh
hereinabove, the County rese1ves th e right lo mo dify or waive said provisions for
projects or activities for which the se pro visio ns would prov e prohibitive . TI1 e
SubGranlee und erstands, however, th at the dec ision lo waive or modify those
provisio ns is full y wi thin th e discre ti on of the County .
In accordan ce wit h 24 CFR pa1ts 84 and 85, tl1 e fo ll owi ng bond in g requi re ment s shall apply to all
project s exceed ing the si mplifi ed ac qui siti on thres hold :
I. A bid guarant ee fr om each bidd er cq ui va ler .. :o 5% of the bi d pri ce;
2. A perfonnance bond on th e pa11 of th e contractor fo r I 00% ,,. the co nt ract price; and
3. A payment bond on th e part of the contractor for JOO% o f the co ntract pri ce.
H. Records
The SubGrantce sha ll maintain a compl ete set of books and records documenting its use of CD BG
funds and its supervi sion and administration of the Project. Records are to includ e documentation
verifyi ng Project eligibility and nation al objective compliance , as well as financial and oth er
administrative aspects involved in perfonning th e Proj ect. The SubGrantee shall provide full
access to these books and records to the Coun ty, the Sec retary of HUD or his desi gnee, th e Office
of Inspector General, an d th e General Accou nting Office so th at compliance with Fed eral laws and
regulations may be confinned. The SubGrant ee funher a&,rccs to provide to the County upon
req uest, J copy of any audit reports pertaini ng to the SubGrantee's financi al operations during the
tcnn of this Agreement. All records pert ai ning to the Project are to be maintained for a minimum
o f Ii, c years following close-out of the Projec t.
I. Reporting
The SubGrantee shall file all rcpmts an d other in fonna ti on necessary to compl y with app li cab le
Federa l laws and regulations as required by th e Co unty and HUD . This shall in clude providing to
th e Co unty the infonn at ion necessary to complete ann ua l Perfonnance Reports in a tim ely fashion.
J. Timeliness
TI1 e SubGrantee shall ·amply with the qumt erly performance stm1dards established in Section Jl -C
of th is Agreement. TI1e SubGrant ce und erstands tha t failure 10 comp ly with th e es tablished
standards may lea d to a cc,nce ll alion of the Project and a loss of all un expended fun ds.
K. Reimbursem ent for Expenses
The SubGrantee agrees that before the Co unty can distribute any CDBG funds to ii, the SubGrant ee
mu st subm it lo the Co unty's Hou sing and Community Deve lo pment Servi ces Divisio n
documentation in th e fom1 required by that Division which properly and fully identifies the amount
which the SubGrantee is requesting at that time . The County shall have ten ( I 0) 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 de1ived from the Arapahoe County Community Development Block
Grant Program received by the SubGrantee will be retained by the SuhGrantee and will be
dispersed for its approved CDBG Project activities before additional CDBG funds are requested
from the County. Following completion of the SubGrantee's Arapahoe County CDBG Projects, all
program income directly generated from the use ofCDBG fund s will be remitted to the County.
M. Real Property
Real property acquired in whole or in part with CDBG funds shall be utili zed in accordance with
the scope and goals identified in Sections I and II of this Agreement. Should the property in
question be sold or otherwise disposed of, or the approved property usage discontinued , th e
SubGrantee shall adhere to U1e requirements of 24 CFR Parts 84 or 85 (as applicable) regarding lhe
use and disposition ofreal property.
N. State nod County Law Compliance
All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State •
slatules and County ordinances, resolutions , rules , and regulations.
0 . Subcontracts
lf subcontracts are used on the Projec~ the SubGrantee agrees that the provisions of this Agreement
shall app ly to any subcontract.
P. Suspension or Termination
This Agreement may be suspe nded or tem1inatcd by the County if the SubGrantee materially fails
to comply with any tern, of this Agreement. This Agreement may also be tenninated for
convenience by mutual agreement of the County and the SubGrantee.
Q. ln the event that the Unit of General Local Government should witl1draw from the County's
"Urb an County" designation, this Agreement shall tennin ate as of the tetmination date of the
Cou nty's CDBG grant Agreement with HUD.
R. TI1e SubGrantee certifies that to the best of its know ledge and belief:
I. No Federal appropriated funds have been paid or will be paid, by or on behalf of it,
to any perso,1 fo r influencing or attempting to influence an omcer or employee of
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any agency, a Member of Congress, an office r or emp loyee of Congress, or an
emp loyee of a Memb er of Co ngres s in co1mec1i on with th e awarding of any Federal
contract, !h e making of any Federa l grant, !h e making of ai;y Federa l loan , the
ent eri ng into of any cooperative agreement , and the extension, continuation,
renewal, amend ment, or modi fic ation of any Fed eral contract, grant, loan , or
cooperative a!::,J'fCemcn t; an d,
2. If any funds other th an Federal appropriated fond s have been paid or will be paid to
any person for in flu encing or allempti r,g lo inOu cnce an offic er or empl oyee of any
agency, a Member of Co ngress, an office r or employee of Co ngress, or an em pl oyee
of a Memh er of Co ngress in conn ection wi th this Federal con tract , gr~nt, loan, or
coo perative agreement , it will co mpl ete and sub mit St andard Fonn -LLL,
"Di sc lo sure Fann lo Report Lobbying," in accordance with il s instructions.
S. Disallowance
If it is detennin ed by HUD or other federa l agency that !h e ex penditure, in whole or in pa rt , for the
SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement , then
the SubGrante e shall reimburs e th e County to the full ex tent of the disal!owan ce.
IV . RESPONSIBILITI ES OF Tiffi COUNTY
A. A!lministrative Control
The Parti es recognize and und ers tand that the Co unt y wi ll be !he gov ernmental en tity requ ired to
exec ute all grant agreements receiv ed from HUD pursuant to the County's requests for CDBG
funds. Accordingly, the SubGrantee agre es that as to its projects or ac tivities perfonned or
co ndu cted under any CDBG agreement, the County shall have the necessmy administrative control
requ ired to me et HUD requirements.
B. Performance and Compliance Monitoring
The Co unty's administrative obligations to the SubGrantee pursuant to paragraph A above shall be
limit ed to th e pcrfonnance of the administrative tasks necessary to make CDBG funds avai lable to
the SubGrantee and lo provide Ho,,si ng and Community Deve lopm ent Sen,ices staff whose job it
wi ll be to monitor th e various projec ts fi.tnded with CDBG moni es to monitor compliance with
applicable Federal laws and reg ul ati ons.
C. Reporting to HUD
The Co unt y wi ll he respon sibl e for see in g th at all necessmy rep011s and infonn ati on req uired of th e
Co unt y are filed with HUD an d oth er ap pli c0 lile Federal agencies in a timely fa shion .
V. EXTENT OF THE AGREEMENT
This agreement , including any documents attached as exhibits which are hereby incorporated her ein
by reference, represents the entire and int egra!cd agreement betw ee n the County and SubGr2.,•ce
and supercedes all prior negotia tions, reprr..,entations or agreements, either written or oral. An y
amendments to this agreement must be ir, writing and signed by both the County and SubGrant ee.
If any p011ion of this agreement i~ fo und by a cou rt of compet~m jurisdiction to be void andlo ,
unenforcea ble, it is the intent of the pa11ies that the remaining portions of this agreement shall be ot
full force and effect.
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In Wi tn ess Whereof, the Pa11ies have caused tl1is Agreement 10 be duly execu ted th is _____ day
of ____________ , 2006.
SubGranlee : City of Eng lewoo d
Signature Olog a Wolosyn
Mayor
Titl e
SubGranlee : Family Tree, Inc.
,-1 1 I . , ~v /L_ lf;;_;o-i-l/ -~ (
Signatw·e
Presi dent
Title
Board of Co unty Com mi ss ioners
Arapahoe Cou nty, Colorado
'(t0,:,./c· t,
Don Klenm1e on behalf of the Board of County Conuni ss ioners
Pursuant lo Resolution #0505 39
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ATTEST:
Loucrishia A. Ell's
City Clerk
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PROJECT BUDGET
COLUMN A COLUMNB COLUMNC COLUMND -
rrojetl Actlvlllcs Es1lm111ct.1 ·ro11I Cost or CORG Funds Ochitr Funds Commlnrtl
(lpttlryb)•llntltem) Acllvlly -
~.V"•mc l $291 ,720 SJJ,788 S2S7 ,9J2
'UJN.a.·ingCosts $176,270 0 Sl76)70
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TOTAL: S467 ,990 $33 ,788 $434 ,202 ..
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COUNCIL Cf"lMMUNICATION
Date :
May 1, 2006
Initiated By :
I
Agenda Item :
11 a ii
Com muni ty D evelopment D epartm ent
I
Subject:
IGA regarding the 2006 CDBG Pro gram
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Staff Source:
Janet Grimmett , Housin g Finance Sp ecia list
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council passed Ordinance No. 39, Seri es of 1994, th at was ex tended by Amend ment No. 3 dated
June 26, W03 relati ng to participation in th e Urban Co unty Enti tl emen t Program fo r CDBG and
HOME funds fo r W04 through WO&; and , p assa ge of Reso luti on N o. 78 , Seri es of 2005 supportin g
Housing and Comrnunity Deve lopment that authorized submitti ng app li ca tions fo r 2006 CDBG
funding.
RECOMMENDED ACTION
Recommendation to approve a Bill for an Ordinance auth01i,• ,g th e executio n of three
Intergove rnmental Su bGrantee Agree men ts for th e 2006 Ara~•hO e Cou nty Communi ty
Development Bl ock Grant Progra m b etween th e Arapa hoe Boa rd of County Commissioners ar,d
the City of Engl ewood.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Th e Federal Community D eve lop m ent Bl ock Grant (C DBG) Pro gram provi des grants to units of
local governmen t and urban counties to meet housing and com muni ty deve lopment needs. The
objec ti ve of the Program is achieved through projects developed by th e local government th at are
designed to gi ve priority to th ose activiti es that benefi t low-and modera te-income families . Funds
are all o cated by statut ory formul a to eac h entitlement area . Arapahoe County is an approved
entitl ement area . TI,e grant funds are distributed by Arapahoe County to eac h participating city
w i thin th e county.
For I-Y2006, funds are apprvved to su pport the fo ll owing projects :
1. $75,000 for th e Housi ng Rehab ilitati o n Pro ject (i ncluding the Handyman Project) to
ad minister, monitor, rehabilitate and/or repair 5 low-i ncome owner-occupied homes
scattered through out th e City;
2. $33,788 for the House of H ope Project :o assist w ith staffing for 2 employees;
3. $60,000 for th e Homeowner Fix-Up Project to administ er, monitor an d provi de grants to
improve the vi sual appea ranc e of 14 low-income owner-occupied homes within
designated neighborhoods in the City;
FINANCIAL IMPACT
Th~ existing employees in Community De velopment are available to administer the projects and
their salaries and benefits are part of the Ci ty's contribution . The City will utilize a portion of the
CDBG funding from the Housing Rehabilitation and the Homeowner Fix-Up Project (est. $11 ,500)
to partially offset th e co sts of those salaries and benefits .
LIST Of ATTACHMENTS
Bill for an Ordinan ce.
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