HomeMy WebLinkAbout2005 Ordinance No. 013•
•
•
ORD INANCE NO ./J_
SER IES OF 2005
CONTRACT. NO,
BY AUTHOR ITY
CO UN CIL BILL NO . 8
I, TRODUCED BY COU CIL
MEMBER BRADSHAW
AN ORD INANCE APPROV ING AND AUTHORIZING THE EXECUT ION OF
THRE E INTERGOVERNMENTAL SUBG RA NTEE AGREEMENTS (CDBG) FOR
THE YEAR 2005 BETWEEN THE ARAPA HOE ll C>A RD OF ~OUN TY
COMM ISSIONERS AND THE CIT Y OF ENGLEWOOD , COLO RADO .
WHEREAS , !he Ci1 y Co uncil of !h e Cily of Englewood a ppro ve d !h e
execu tion of an lnt crgovcmmcn 1al Agreement betwee n th e Cit y of En glewood and
Arapa hoe Co unt y by passage of Ord inance o. 39, Serie s of 1994, covering the
Ci1 y's participati on in the Ara pahoe Co unty CDBG En tit leme nt Pro gra m as extended
by Amc ndmenl No . 3, fo r fundin g yea rs 2004 1hrough 2006 ; and
WHEREAS , !h e Englewood Cily Co uncil passed Reso lu1i on 91 , Series of
2004, supp ortin g Housing and Co mmunit y Developm ent that au th or ized subm itting
an applica li on for 2005 CDBG funding ; and
WHER EAS , 1h e projec l by 1h e Ci1 y of Englewood known as 1hc "Housing
Rehabilitation Projec t" has been catego ri ze d as a re habi lit ati on ac tivity; and
WHEREAS , !he proje £1 by !h e Cil y of Englewood known as !h e "House of
Hope Staffin g" has bee n ca l,;gor izcd '1S a publi c serv ice ac tivi ty; and
WHEREAS , !h e projcc l by !he Cil y of En glewood know n as !h e "Ho meowner
Fix-Up Projec t" has bee n ca tcgori zC d as a housin g rehabilitation projec t fo r low-
income ow ner-occ upi ed homes wi th in desig nated neighborhoods in th e City;
OW, TH EREFOR E, BE IT ORDA INED BY I IE CITY COUNC IL OF
THE CITY OF ENGLEWOOD , CO LORADO , THA '1:
~ Th e Subgr :rnt ec Agree ment for th e 2005 Arapahoe Coun ty
Co mm u11it y Developmen t Block Gran t• Housin g Rehab ilit ati on Proje ct, aw,c hed
hereto as Exhib it A, is heri:by accep ted and appro ved by th e Englewood Cit y Co un ci l.
Sec tio n 2. The Sub grnntee Ag reeme nt fo r th e 2005 Arapa hoe Co un ty
Co mmunit y Dc ve lopm cnt Block Gran l -House of Hop e Proj cc l, att ac hed hcrcto as
Ex hi bi l 13, is hereby aeccp !cd and approved by !h e Englewood Ci1y Co un cil.
Sec li on 3. The Subg ran tec Agn:cme nt for the 2005 Arapa hoe Co unt y
Com muni ly Dev elopment Bl ock Gran l -Homeowne r Fix-Up Projec t, attached
hereby as Ex hibil C, is hereby acce p!ed and approved by !h e Englewood Ci1y Cuu ncil.
~-The Mayor and Cil y Clerk arc hereby author ized 10 sign ·d a11 cs 1
sa id Agreeme nt s for and on be half of the Ci ty o f Englewood, Co lorado .
-1-
9 bi
~. The Ci ty Mann gc r shall be au th ori ze d to furth er extend :md/or
r1 111 cnd th e subgrant cc agree ment s for th e 2005 Arap ahoe Co unt y Co mmunit y
Deve lopmen t Block Gra nt Program as nee ded.
Introd uced, re ad in full , 111d passed on fi rst readin g on the 4th day of April, 2005.
Publ ished as a Bill for an Ordi nance on th e 8th day o f April, 2005 .
Read by title and passed on final readin g on th e I 8th day of Apri l, 2005.
Publi shed by titl e as Ordinance No./!J , Series of 2005, on th e 22 d day of Apri l,
2005 .
I, Loucrishia A. Elli s, City Clerk of th e Ci ty of Eng le wood , Co lorado, hereby
ce rtify that the abo ve and foregoing is a true co p~ -:9f th e Ordin an pas sed on final
""""' "" ,.s,;,;-, •; ''"' "' o,a;"'"" No /.2 '"'" oC S. ~ ~
-2-
•
•
SUBGRANTEE AGREEMENT FOR
ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRA T FUNDS
SUBGRANTEE: CITY OF ENGLEWOOD
PROJECT NAME: HOUSING REHABILITATION
PROJECT NUMBER: ENHS 519
This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe ,
State of Colorado, for the Community levelopment Block Grant Program in the Community Services
Department (hereinafter referred to as the County) and the City of Englewood :hereinafter referred to as the
SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project.
I. PURPOSE
The primary objective of Ti.let of the Housing and Ct•mmunity Development Act of 1974, as amended,
and of the Community Development Block Grant (COBO) Program under this Title is the development of
viable urban communities, by providing decent housin g, suitable living environment and expanding
economic opportunities, principally for low and moderate income persons.
The project by the SubGrantee known as the Housing Rehabilitation Project (Project) has been categorized
as a Single Family Housing Rehabilitation project :ind the SubGrantee will maintain docwnentation with
• the national objective of Low/Moderate Income Housing activities.
•
The SubGrantee may proceed to incur costs for the Project upon receipt of an official "Notice to Proceed"
from the County.
D. WORK TO BE COMPLETED BY THE SUBGRANTEE
The followin g provisions outline the scope r' the work to be completed ·
The SubGrantee will utilize CDBG funding to provide low interest loans and/or grants to income eligible
homeowners for health and safety related home improvements . ~'ypical improvements may include (but
are not necessari ly limited to) plumbing, electrical systems, roofs, and HV AC work .
A. Payment
lt is ex pressl y agreed and understood that the total amount to be paid by the County under this
contract shall not exceed Sl32,500.00. Drawdowns for the payment of eligibl e expenses shall be
made against the line item budgets specified in the Project Budget and in accordance with
performance criteria established in Section Il-C. The parties expressly recognize that the
SubGrantee is to be paid with CDBG funds received from the federal government, and that the
obligation of the County to make payment to SubGrantee is contingent upon receipt of such funds .
in the event that said fun ds, or any part th :i-eof, are , or become , unavailable, then the County may
immediatel y terminate or amend this agree ment. To the ex tent C.R.S. § 29-1-1 JO is applicab le, any
fi nanci al obligation of the County to the SubGrantee beyond the curre nt fi ,cal year is also •
co ntin ge nt upon adequate fund s being appropriated, budgeted and otherwise avai lable.
Any Project funds not expe nded and drawn from th e County by the deadli.1e identified in Section n.
C. 3. below shall revert to the Co unty and be utilized for other purpo ses.
B. Timeline
All Project activities will be cumpleted by May 31, 2006 unle ss this Agreement is modified by
mutual agreement of the County and SubGrant ce.
C. Performance Crite ria
In accordance with the funding applicatio n submitted by the SubGrantee for the Project, the criteria
li sted below are to be met during the execution of the Project.
I. Quantifiable Goals:
The SubGrantee will provide ten home improvement loans or grants to income eligible
Englewood homeowners. All improvements funded under this grant are to be
performed in compliance with applicable local or industry codes and standards.
2. Community Impact:
Affordable housing -stability and housing quality
3. Quarterly Performance Standards:
June 30 , 2005 :
September 30, 2005 :
December 3 1, 2005:
March 31, 2006:
May 31, 200 6:
D. Reporting R,tq uirements
No requirements esta blished
Market program
Markel progral'l, interview potential clients
Provid e five rehabilitati on loans/grants
Provi de five rehabilitation loans/grants
Comp lete all renovations funded by project
Submit final drawdown and co mpletion report to County
2
•
•
•
•
•
E.
I. Project reports will be due within one month following the end of each calendar year
quarter (March 3 I, Jun e JO . September 30 , December 31) until the Project is comp leted .
2 The offi ci al annual audit and/or Financial Sta tements for the SubC,nntee in which both
revenue s and ex pendirures for the CDBG Projects de sc ribed herein ire detailed are due
annual ly.
Labor Standards (Davis-Bacon)
It is determined that:
Project activities do not require comp liance wi th federal labor standards.
F. Eoviroomeotal Review
Notwithstanding any provi sion of this Agreement , the parties hereto agree and acknowledge that
this Agree ment does not constitute a commi tment of funds or sit•; ap proval , and that such
commitment of funds or approval may occur only upon satisfactory co mpletion of environmental
review and receipt by Arapahoe County of a release of funds from the U.S. Department of Housing
and Urban Development under 24 CFR Pan 58. The parties further agree that the provision of any
funds to the project is conditioned on Arapahoe County 's determination to proceed with. modify, or
cance l the project based on the resu lts of a subseq uent environme ntal review.
G. Uniform Relocation Act (URA)
Project activities do not require comp liance with the Uniform Relocation Act.
H. Lead Based Point
The maximum CDBG investment per house renovated under this project may not exceed $24,999. This
amount incl udes any CDBG funding used for project based admi nistrati ve expenses. The SubGrantee will
comply with all other County, state and federal policies, guidelines and requirements related to
minimizin g lead l,azards in residential properties, including 24 CFR Pan 35 and Colorodo
Regul atio n Number 19.
III . RESPONSIBILITIES OF THE SUBGRANTEE
A. Federal Complionce
The Su bGran tee shall comply with all applicable federal laws , regulations and req uirements. and all
provisions of the grunt agreements received from th e U.S. Departme nt of Housing and Urban
De velopment (HU D) by th e County . The se includ e but are not limited to compliance with the
provisions of the Housing and Community Development Act of 1974 and all rule s, regu lations ,
guidelines and circ ulars promulgated by the various federal departments, agencies, administrations
and commi ss ion s re lating to the COBO Program . A listing of som e of the app li cab le law s and
regu lations are as foll ows:
I. 24 CFR Pan 570; •
2. 24 CFR Pans 8-l an d 85;
3. Title VI of the Civil Rights Act of 1964;
4. Title VIII 0f the Civ il Rights Ac t of 1968;
5. Sections 104(b) and 109 of the Ho us in g and Co mmunity Deve lopment Ac t of 1974 ;
6. Fair housing re gu lations establ ished in the Fai r Housing Ac t, Public Law 90-284, and
Executive Order I I 063 ;
7. Section 504 of the Rehabilitati on Act of 1973 ;
8. Asbestos guidelines esta bli shed in CPD Notice 90-44;
9. The Energy Poli cy and Conservation Ac t (Public Law 94-163) and 24 CFR Pan 39 ;
I 0. Equal employment opportunity and minority business enterprise regulations esta bli shed
in 24 CF R part 570.904;
11. Section 3 of the Housing and Ur ban Deve lopment Act of 1968 ;
12. Non-di sc rimination in employment, established by Executive Order 11 246 ;
13. Lead Based paint regulations established in 24 CFR Parts 35 and 570 .608 ;
14. Audit requirements established in 0MB Cm:ular A-133 ; and
15 . Cost principles establis hed in 0MB Ci rcular.; A-87 and A-122 .
Additionall y, in accorrlance will-'1 CFR Part 570, no emplo yee , officia l, agent or co nsultant of the
SubOrantee shall exerc ise any runction or responsibility in which a confl ict of interest, real or
apparent, wo uld arise . The SubGrantee cannot engage in a federally funded contract with any entity
registered in the Lists of Panics Excluded From Fed eral Procurement or Nonprocurcment •
Programs.
B. Non-Appropriations Clause
The Suburantee agrees that it wi ll include in every co ntract it ente rs , whic h relie s upon CDBG
monies for funding, a no n-appropriati on claus e that wi ll protect itself and the Co unty from any
li abil ity or respons ibili ty or any suit which mi ght result from the discontinuan ce of CDBG fundin g
for any reaso n. Becaus e this SubGrantee Agree ment invol ves funds fro m a federal grant, to the
extent there is a co nflict the funding provisions of this SubOrantee Agree ment, the fe deral grant :ind
the federal statu tes co ntrol rather than the pro visions of Section 24-91-103 .6, C.R.S. wi th regard to
any public work proj ects .
C. Expenditure Restrictions
All COBO funds that are approved by HUD for expenditure under th e County's grant agree ment,
includ ing th ose that are identified fo r the SubGran tee's Projects and activities , shall be allocated to
the specific projects and activities described :ind li sted in the grant agreements . The allocated funds
shall be used and expended onl y fo r the projects and act ivities for whi ch the funds are id entified .
D. Agreement Changes •
•
•
•
No projects or act ivitie s, nor the amount all ocated therefor , may be changed witho ut approval by
the County and acce ptance of the revi sed Final Statement and/or Consolidate d Plan by HUD, if
required. Changes must be requested in writing and may not begi n until a modification to this
Agreement is fully exec uted.
E. Direct Project Supervision and Administration
The SubGrantee shall be responsible for the di rect supervision and administrati on of its respective
projects or activities . This task shal l be accom plished through the use of the SubGrantee's staff,
agency and employees. The SubGrantee shall be responsible for any injury to persons or damage to
property resulting from the negligent acts or errors and omissions of its staff, agents and employees.
Because the SubGrantee is responsible for the direct supervision and administration of its projects
or activities, the County shall not be liable or 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 com pleted with the funds allocated
by the County to the SubGrantee . Any cost overruns shal l be the sole responsibility of the
SubGrantee .
F.
I. The SubGrantee agrees that all funds allocated to it for approved projects or activities
shall be used solely for the purposes approved by the County . Said funds shall not be
used for any non-approved purposes .
2. The SubGrantee agrees that the funds allocated for any approved projects or activities
shall be sufficient to complete said projects or activities without any additional CD BG
funding .
Indemnity
To the extent :i.l lowed by law , the SubGrantee shal l indemnify and hold harmless the County and its
elected and appointed officials , officers, employees and agents from and against any and all losse s,
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 property occasioned by the acts
or omissions of SubGrantee, its officers , emplo yees, agents, contractors or subcontractors , arising
out of or in any way co nnected with the Project or the performance of this contract.
G. Bonding and Insurance
lfthe SubGrantee's projects invo lve constructio n activities, any Contracto r it uses for said activities
shal l be required to provide and maintain, until final acceptance by the SubGrantee of all work by
such Contractor, the kinds and minimum amounts of insurance as follows:
I . Comprehensi ve General Liability : In the amount of not less than $1,000 ,000 combined
single limit. Coverage to include :
a. Premises Operations
5
b.
C.
d.
e.
t:
g.
h.
i.
Products/( ompl eted Operati ons
Bro ad Forni Co ntractual Liabili ty
Independent Contrac tors
Broad Fo rm Propeny Dama ge
Empl oyees as Add itional In sured
Perso nal Injury
Arapahoe Co un ty and the SubGrantee as Additio nal Named Insured
Wai ver of Subroga ti on
2. Comprehensive Automobi le Liability: In the amount of not less than $ I ,000 ,000
combined single limit for bodily injury and propeny damage. Cove rage to include:
a. Arapahoe Co ur. y and the SubGrantee as additional Named Insured
b. Wai ve r of Su l oga ti on
3. Employers Liabili ty and Workers Compensation : The Contractor shall secure and
maintain emplo ye r's liability and Worker's Compensati on Insurance that will protec t
it against any and all claim s resulting from injurie s to and death of workers engaged
in work under any contract funded pursuant to this agreement. Coverage to include
Waiver of Subrogatio n.
4. Al l referenced insurance policies and/or cenificates of insuranc e shall be subject to
the fo 11 owing stipulations:
a. Underwriters shall have no rights of re covery subrogatio n against Arapahoe
County or th e SubGrantee; it being the intent of the panies that the insurance
policie s so effect ed shall protect the panies and be primary coverage for any
and all lo sses cov er~d by the desc ribed insurance .
b. The clause entitled "Other Insurance Provisions" contained in any polic y
including Arapahoe Co unty as an additional named insured shall not appl y
to Arapahoe County or the SubGrantee.
c. The insurance companies issuing the policy or policies shall have no
rec our se against Arapahoe County or the SubGrantee for payment of any
premium s due or for an y assess ments under an y form of any policy .
d. Any and ali deductibles co ntai ned in an y insurance policy shall be assumed
by and at the sole risk of the Comractor.
5. Cenilicate of In suranc e: The Contractor shall not commence wo rk under any
contract funded pursuant to this Agreement until he has submitted to the
SubGrantee, received approval thereof, ce nifi cates of insurance showing that he has
complied with th e foregoing insurance requirements. The SubGran tee shall al so
submit a copy of th e Contractor's cenifica tes of insuran ce to the Co un ty .
6. Notwithstandin g the prov isions contained in thi s paragraph (H) set fonh
hereinabove , the County reserves the right to modi fy or waive said provisi ons for
projects or ac ti vi ti es for which th ese pro visions would pro ve prohibiti ve. The
6
•
•
•
•
•
•
SubGrantee unders tand s, ho wever, th at th e decision to waive or mod ify those
provisions is fully within the di scretio n of th e County .
In accordance with 24 CFR parts 84 and 85, the fo llowing bonding requirem ents shall appl y to al l
proj ects exceed in g the simplified acquisi tion thre shold :
I. A bid guarantee from eac h bidder equivalent to 5% of the bid price ;
2. A pe rformance bond on the pan of the co ntract or for I 00% of the contract price ; and
3. A payment bond on the pan of the contractor fo r 100% of the co ntract price .
H. Records
The SubGrantee shall maintain a complete set of books and records docwnenting its use of CDBG
funds and its supervi sion and administration of the Project. Records are to include docwnentation
verifying Project eligibility and national objective compliance, as well as financial and other
administrative aspects involved in performing the Project. The SubGrantee shall provide full
access to these books and records to the County, the Secretary of HUD or his designee , the Office
of Inspector General, and the General Accounting Office so that compliance with Federal laws and
regulations may be confirmed. The SubGran tee further agrees to pro vide to the County upon
request, a co py of any audit reports penaining to the SubGrantee's financial operat ions during the
term of this Agreement. All records penaining to the Project are to be maintained fo r a minimwn
oftive years fo llowing close-out of the Project.
I. Rcponing
The SubGrantee shall file all reports and other information necessary to comply with applicable
Federal laws and regulations as required by the County and HUD . Thi s shall include providing to
the County the information necessary to complete annual Performance Reports in a timely fashio n.
J. Timeliness
The SubGrant ee shall co mpl y with the quarterly performance standards established in Section II-C
of thi s Agreement. The SubGrantee understands that failure to comply with the estab lis hed
s1andards may lead to a cance ll ation of the Project and a loss of all unexpended fund s.
K. Reimbursement for Expenses
The SubGrantee agree s that before the Co un ty can distrib ute any CD BG funds to it, the SubGrantee
must submit to the County's Housing and Community Development Services Di vision
docum entation in the fo rm required by that Di vis ion which properly and fu ll y identifies the amount
which the SubGrantee is requ esti ng at that time. The County shall have ten (I 0) working days to
re view the reque st. Upo n approval of the reque st, th , County wi ll distribute the reque sted funds to
the Sub\.irantee as soon as po ssible .
L. Progr:im Income
All program income directly deri ved from the Arapahoe County Community Development Block
Grant Program received by the SubGrantee will be re~'l.ined by the SubGran tee and will be
dispersed fo r its approved CDBG Project activities befo re additional COBG funds are requested •
from the County. Following co mpletion of the SubGrantee's Arapahoe County CD BG Projects, all
program inco me directly generated from the use ofCDBG funds will be remitted to the County .
M. Real Property
Real property acquired in whole or in pan with COBG funds shall be utilized in accordance with
the scope and goals identified in Sections I and Il of this Agree ment. Should the property in
question be so ld or otherwise disposed of, or the ap proved property usage discontinued, the
SubGrantee shall adhere to the requirements of24 CFR Pans 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
[f subco ntracts are used on the Proj ect, the SubGrantee agrees that the provisions of this Agreement
shall apply to any subcontract.
P. Suspension or Termination
lbis Agreement may be suspended or terminated by the County if the SubGrantee materially fails
to comply with any term of this Agreement. lbis Agree ment may also be terminated for
co nvenience by mutual agreemen t of the Co unty and the SubGrantee.
Q. In the event that the Unit of General Local Government should withdraw from the County's
"Urban County" designation , this Agreeme nt shall terminate as of the termination date of the
County's COBG grant Agreement with HUD.
R. The SubGrantee certifies that to the best of its knowledge and belief:
1. No Federal approp riated funds have been paid or will be paid, by or on behalf of it,
to any person for influencing or attempting to influence an officer or em pl oyee of
any agency , a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connectio n with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan , the
entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement; and,
•
•
•
•
•
2. If any lunds other than Federa l appropriated funds have been paid or will be paid to
an y person fo r influenci ng or attempting to influence an officer or employee of any
agency, a Membe r of Congress, an office r or employee of Co ngress, or an emplo yee
of a Member of Congre ss in connectio n wi th thi s Federa l co ntract, grant, loan , or
cooperati ve agreement, it will com pl ete and submit Standard Form-LLL ,
"Di sclos ure Fonn to Repon Lobbying," in accordance with its instructions .
S. 0isallowance
If it is detennined by HUD or other federal agency that the expendirure, in whole or in part, for tl1e
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 Panies 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
conduct ed 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 performance of the administrative tasks necessary to make COBO funds available to
the SubGrantee and to provide a Monitoring Speciali st whose job it will be to monitor the various
projects funded with COBO monies to monitor compliance with applicable Federal laws and
regulations .
C. Reporting to HUD
The County will be responsible for seeing that all nec essary repons and information req uired of the
County are filed with HUD and other applicable Federal agencies in a timel y fashion .
V. EXTENT OF THE AGREEMENT
1bis 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 supercedes all prior negotiations, representations or agreements, either written or oral. Any
amendments to thi s agreement must be in writing and signed by both the County and SubGrantee.
If any portion of this agreement is found by a coun of competent jurisdiction to be void ancVor
9
unenforceable , it is the intent of the parties that the remaining portions of this agreement shall be of
full force ar.d effect
In Witness Whereof, the Pru ties have caused this Agreement to be duly executed this _____ day
of ___________ _, 2005 .
SubGrantcc : City of Englewood
Signalllrc -Douglas Garrett, Mayor
Ma or
Title
Board of County Commissioners
Arapahoe County, Colorado
Rita A. Pollock on behalf of the Board of County Commissioners
Pursuant to Resolution #040483
10
ATTEST:
Loucrishia A. Ellis
City Clerk
•
•
PROJECT BUDGET
COLUMN A COLUMNB COLUMNC COLUMND
Projttt ActiYtda Esd1111ttd Total COit ol CDBGFHcb Othtr F1111cb Co•mlrttd
(1ptdfy by llat lte11) Acdvily
Rthlbldministntion S50,000 S7,SOO 142.SOO
Loarvgrantcxpcnscs SllS,000 Sl ll.000 !100,000
TOTAL: S27S,OOO !1 32.SOO !142,SOO
•
SUBGRANTEE A~P"'<:MENT FOR
ARAPAHI_ · ·1JNTY
COMMUNITY DEVELOPMENT JJLOCK GRANT FUNDS
SUBGRANTEE: CITY OF ENGLEWOOD
PROJECT NAME : HOUSE OF HOPE STAFFING
PROJECT NUMBER: CMPS 527
This Agree ment is made by and between the · Board of County Commissioners of the Cowity of Arapahoe,
State of Colorado, for the Community Development Block Grant Program in the Community Services
Department (hereinafter referred to as the Cowity) and the City of Englewood (hereinafter refened to as the
SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project.
I. PURPOSE
The primary objective of Title I of the Housing and Community Development Act of 1974, as amended,
and of the Community Developrr.~nt Block Grant (CDBG) Program wider this Title is the development of
viable urban communities, by providing decent housing, a suitable living environment and exp'lnding
economic opportunities. principally for lr,w and moderate income persons .
The project by the SubGrantee known as the House of Hope Staffing Project (Project) has been categorized
as a Public Services project and the SubGrantee will maintain documentation with the national objective of
.united Clientele activities .
The SubGrantee may proceed to incur costs for the Project upon receipt of an official "No tice to Proceed"
from the Cowity.
II. WORK TO BE COMPLETED BY THE SUBGRAJ'ITEE
The following provisions outline the sc ope of the work to be completed :
The SubGrantee will utilize CDBG funding to provide staffing at the House of Hope. which provides long
term shelter and supportive services for homeless families .
•
A. Payment
It is expressly agreed and widerstood that the total amowit to ['I! paid by the County wider this
contract shall not exceed $35,000.00 . Drawdowns for the pa: it of eligible '-Xpenses shall be
made against the line item budgets specified in the Project Budget and ir, accordance with
performance rriteria esiablished in Section ll-C. The parties expressly recognize that the
SubGmntee is to be paid with CDBG funds received from the fede1al government, and that the
obligation of the Cowity to make payment to SubGrante., is contingent upon receipt of such funds .
In the event that said funds, or any part thereof, are, or become , unavailable , then the Cowity may
immediately terminate or :,mend this agreement. To th e extent C.R.S. § 29-1-110 is applicable, any
financial obligation of the County to the SubGrantee be yo nd the current fi scal year is al so
contingent upon adequate fund s being appropriated, budgeted and otherwise avai labl e. •
Any Project funds not expended and drawn from the Co unty by the deadline ident ified in Section
II . C. 3. below shall re ve n to the County and be utilized for other purpo ses.
B. Timeline
All Project act ivities will be completed by May 31, 2006 unle ss this Agreement is modified by
mutual agreement of the County and SubGrantee .
C. Pe rfo nnance Criteria
In accordance with the funding application submitted by the SubGrantee for the Project, the criteria
listed below are to be met during the executio n of the Project.
I. Quantifiable Goals:
The SubGrantee will utilize CDBG funds fo r the continued employment of one and
three quaner full time staff at the House of Hope (3301 South Grant Street , Englewood).
Staff members wi ll be employed by Famil y Tree, which provides staffing and services
at the facility. By maintaining •he one and four tenths positions, the SubGrantee will
provide services for a minimum of 7 homeless families per month for the duration of the •
grant period. A total of 140 unique persons will be served by the Project.
The SucG rantee may not charge fees or accept donations for se rvices provided under
tltis grant.
2. Community Impact :
Homeless ness -crisis manage.men! and ability to transition through the continuum of
care
3. Quanerly Perfo rm ance Standards:
June 30, 2005 :
September 30 , 2005:
December 3 I, 2005:
Provide serv ices 10 7 families
20 unique persons served
Provide services to 7 families each month
20 unique persons served
Provide servic es to 7 famiHes each month
20 unique persons served
•
•
March 31. 2006 :
May 31. 2006 :
D. Reporting Requirements
Pro vide serv ice s 10 7 fami lies each month
50 unique persons served
Provide services 10 7 fami lie s each monlh
30 unique persons served
Su bmit tina l drawdown and co mple1ion repon 10 Co unty
I. Project repons wi ll be due wilh in one monlh following the end of each cale ndar year
quarter (March 31, June 30 , Sep tember 30, December 31) until !he Project is com pleted .
2. The official annual audit and/or Fi nancial Stateme nts for the SubGrantee in which bolh
re venues and expendirures for the CDBG Projects described herein are de tailed are due
annually .
E. Labor Standards (Davis-Bacon)
It is detennined that :
Project activitic ~ ,i,, _;.-,, -. ui1e compliance -.ith federal labo r standards.
F. Envirom~:-"' :.ii Review
Notwilhstanding any provision of this Agreement, !he panics hereto agree and acknow ledge that
this Agreeme nt does not constitute a co mmitment of funds or site approval, and that such
commitment of funds or approval may occ ur only upon satisfactory completion of environmental
review and receipt by Anpahoe Ccinty ofa release of funds from !he U.S. Department of Housing
and Urban Dev elopment under 24 CFR Pan 58 . The panics funher agree !hat !he provision of any
fund s to the project is conditioned on Arapahoe County 's determination to proceed with, modi fy, or
cancel !he project based on the results of a subsequent envi ronmental review.
G. Uniform Relocation Act (URA)
Project activi tie s do not require comp li anc e wilh !he Unifonn Relocation Act.
Ill. RESPONSIBILITIES OF THE SUBGRANTEE
A. Federa l Compliance
The SubGrant ee shall co mp ly wilh all app li cable federal laws , regulations and requirem ents , and all
provi sio ns of the grant agree men ts received from !he U.S. Department of Ho using and Urban
Develop men t (HUD) by !he County. These include but are not limited 10 co mpliance wilh !he
provisions of th e Housing and Community De velop ment Act of I 974 and all rules, regulations,
guidelines and circulars prom ul ga 1ed by lhc vsrious fe deral departments . agencie s, admini stra 1ions
and commis sio ns rela 1ing to lhe CD BG Program . A listing of some of the ap plicable laws and
regulations ore as follow s: •
I. 24 CF R Part 570;
2. 24 CFR Parts 84 and 85;
3. Title VI of lhe Civi l Rights Ac t of 1964;
4. Title vm of lhe Civil Rights Ac t of 196 8;
5. Sec ti ons 104(b) and 109 of tl1e Housing and Co mmuni ty Development Ac t of 1974;
6. Fair housin g regul ations esta bli shed in lhe Fair Housing Act, Public Law 90 -284, and
Executive Order l 1063;
7. Section 504 of lhe Rehabilitation Ac t of 1973 ;
8. Asbestos guidelines established in CPD No ti ce 90-44;
9. The Energy Polic y and Conservation Act (Public Law 94-16 3) and 24 CFR Part 39;
I 0. Equal employment opportunity and minority business enterprise regul atio ns esta blished
in 24 CFR pan 570 .9 04;
11 . Section 3 of the Housing and Urban Deve lopment Act of 1968 ;
12. No n-discrimination in employment, es tablished by Executive Order 11 246;
13. Lead Based paint regulations esta blished in 24 CFR P.uts 35 and 570 .608 ;
14. Audi t requirements esta bli shed in 0MB Circ ular A-13 3; and
15 . Cost principles establi shed in 0MB Circulars A-8 7 and A-122.
Additi onall y, in accordance with 24 CFR Part 570, no employee, official , agent or consultant of lhe
SubGrantee shall exe rci se any fun ction or re sponsibility in which a conflict of interest, real or
apparent, wo uld arise . The SubGrant ee cannot engage in a fe derall y funded contract with any entity
regi stered in the Lists of Partie s Excluded From Federal Procurement or Nonprocurement
Program s.
B. Non-Appropriations Clause
The SubGrantee agrees !hat it will include in every co ntract it enters , which relies upon CDBG
monies for funding , a non-a ppropriation clause that wi ll protect itself and !he County from any
li ability or responsibility or any suit whi ch might re sult fro m the discontinuance of CDBG funding
for any reason . Becaus e this SubGrantee Agree ment invol ves funds from a federal grant, to the
extent there is a conflic t the funding provi sions of thi s SubGrantee Agre ement, the federal grant and
the federal statutes control rather than the pro visions of Sec ti on 24 -91-103 .6, C.R.S. wi th regard to
any public work projects .
C. Expenditure Restrictions
Al\ (DBG fun d · that arc app ro ved by HUD fo r expend irure under the Co unty's grant agreement,
inc :ading those that are identified fo r the SubG rant ee's Proj ects and ac tivi tie s, shall be all ocated to
the specific proj ects and activities described and li sted in the grant agreements. The allocat eJ funds
shall be used and expended onl y for the projec ts and activities for which the funds are ide ntified .
•
•
•
•
•
D. Agreement Changes
No projects or ac tivitie s, nor the amount allocated therefor, may be changed without approval by
the County and acce ptanc e of the revi sed Final Statement a: .; ·o r Consolidated Plan by HUD, if
required . Chan ges must be requested in writing and may not begin until a modificati on 10 thi s
Agreement is full y exec uted .
E. Direct Project Supervision and Administrntion
Th e SubG rJJ1tee shall be responsib le for the direct supervi sio n and administration of its respective
proj ects or activities. This 1ask shall be acco mplished through the use of the SubGrantee's staff,
agency and emplo yees. The SubGrantee shal l be responsible for any injury to persons or damage to
property res ultin g from the negligent acts or errors and omissions of its staff, agents and employees .
Becaus e the SubGrantee is responsible for the direct supervision and administration of its projects
or activitie s, the Co unty shall not be liable or responsible for cost overruns by the SubGrantee on
any projects or ac tivities . 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 overruns shall be the so le responsibility of the
SubGrantee.
F.
l. The SubGrantee agrees that all funds allocated 10 it for approved projects or activities
shall be used so :d y for the purpo ses approved by the County . Said funds shall not be
used for any non-appro ved purposes .
2. The SubGrantee agrees that the funds all ocated for any approved projects or activities
shall be sufficie nt 10 co mplete sai d projects or activities without any additiona l CDBG
funding .
Indemnity
To the ex tent allowed by law, the SubGrantee shal l indemnify and hold harmless the County and its
elected and appointed offic ials , officers , employees and age nts from and against any and all losses ,
damages, lilbilities , claims , suits , actions or costs, including attorneys fees, mad e, assened or
incurred as a re sult of any damage or alleged damage to perso n or property occasioned by the acts
or omissions of SubGrantee , its officers, emp loyees, agents, contractors or subco ntractors , arising
out of or in any way connected ,vith the Project or the performanc e of this contract.
G. Bonding and Insurance
If the SubGrantee's projects involve construction activities . any Contractor it uses for said ac ti vities
shall be required to provide and maintain , until fin al ptance by the SubGrantee of all work by
such Contractor , the kinds and minimum amounts ofu, . ..rancc as follow s:
I. Comprehensive General Liability: In the amount of not less than S 1,000,000 combined
single limit. Coverage to incl ude :
a.
b.
C.
d.
e.
f.
g.
h.
i.
Premises Operations
Produc ts/Comple ted Operations
Broad Form Contractual Liability
Independent Contrac tors
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 an ount 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 Subrogatio n
3. Employers Liability and Workers Compensation : The Contractor shal l 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 shal l be subject to
the following stipulations:
a. Underwriters shall have no rights of recovery subrogation against Arapahoe
County or the SubGrantee ; it being the intent of the parties that the insurance
policies so effected shall protect the parties and be primary coverage for any
and all losses covered by the described insurance .
b. The clause entit led "Other Insurance Pro visions" 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 policy.
d. Any and all deductibles contained in any insurance policy shal l be assumed
by and at the so le risk of the Conlractor .
5. Certificate of Insurance : The Contractor shall not commenc e work under any
contract funded pursuant to this Agreement until he has submitted to the
SubGrantee, received approval thereof, certificates of insurance showing that he has
complied with the foregoing insurance requirements . The SubGrantee shall also
submit a copy of the Co ntractor'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 modi fy or waive said provisions for
projects or activities for which these provisions would prove prohibitive . The
6
•
•
•
•
•
•
SubGrantee understands , , ,ia t the decis io n to waive or modify those
provi sions is fully within the discretion of the County .
In accordance with 24 CF R parts 84 and 85 , the following bonding requirements shal l apply to all
projects exceeding the simplified acquisition threshold:
1. 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
,. A payment bond on the part of the contractor fo r 100% of the contract price .
H. Recnrds
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 include documentation
verifying Project eligibility and national objective compliance , as well as financial and other
administrative aspects involved in performing the Project. The SubGrantee shall provide full
access to these books and records to the County, the Secretary of HUD or his designee, the Office
of Inspector General, and the General Accounting Office so that compliance with Federal laws nnd
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 penaining to the Projec t are to be maintained for a minimum
offive years following close-out of the Project.
,. Reporting
The SubGrantee shall file all repons and other information necessary to comply ,vith applicable
Federal laws and regulati ons as required by the County and HUD . This shall include providing to
th e Co unty the information necessary to co mplete annual Performance Reports in a timely fashion.
J. Time liness
The SubGrantee shall comply with the quarterly performance standards established in Section 11-C
of this Agreement. The SubGrantee und erstands that failure to comply with the established
standards may lead to a cancellation of the Project and a loss of all unexpended funds .
K. Reimbursement for Expenses
The SubGrantee agrees that before the County can di stribute any CDBG funds to it, the SubGrantee
must submit to the County's Housing and Community Development Services Division
documentation in the form required by that Division which properly and fully identifies the amount
whi ch 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 requested funds to
the SubGrantee as soo n as possible .
L. Program Income
All program income directl y derived from the Arapahoe County Community Development Block
Grant Program received by the SubGrantee will be retained by the SubGrantee and wiil 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 CD BG funds will be remitted to the County.
M. Real Property
Real propetty acquired in whole or in part with CDBG funds shal l be utilized in accordance with
the scope and goals identified in Sections I and ll of this Agreement. Should the property in
question be so ld or otherwise disposed of, or the approved propetty usage discontinued, the
SubGrantee shal l adhere to the requirements of24 CFR Parts 84 or 85 (as applicable) regarding the
use and disposition of real propetty.
N. State and County Law Compliance
All responsibilities of the SubGrantee enu ,i1emted herein shall be subject to applicable State
statutes and County ordinances, resolutions, rule~, and regulations.
0. Subcontracts
If subco ntracts are used on the Project, the SubGrantee agrees that the provi sions of this Agreement
shal l apply to any subcontract.
P. Suspension or Termination
This Agreement may be suspended or terminated by the County if the SubGrante e materiall y fails
to comply with any term of this Agreement . This Agreement may also be terminated for
co nvenience 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 Agree ment 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 it,
to any person for influencing or attempting to influence an officer or employee of
any agenc y, a Member of Co ngress, an officer or em plo yee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant , the making of any Federal loan , the
entering into of any cooperative agreement, and the extension, continuation,
renewal , amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement ; and,
•
•
•
•
•
2. If on y funds other than Federal appropriated fonds have been paid or wi ll be paid 10
ony perso n fo r influ encin g or allempting to influen ce on office r or empl oyee of ony
age nc y, a Membe r of Co ngress, on officer or empl oyee of Co ngress, or an empl oyee
of a Me mber of Co ngress in connect ion wi th this Federal co ntract, gran t, loan, or
coo perative agreeme nt, it wi ll co mpl ete and submit Standard Fo nn-LLL,
"Di sclos ure Fa nn to Repon Lobbying ," in accordanc e wi th its instruction s.
S. Oisallowance
If it is detennined by HUD or other federal agency that the ex penditure , in whole or in part, for the
SubGrantee's Project or acti vity was improper, inappropriate or ineligible for reimbursement, then
the SubGrantee shall reimburse the Co un ty to the fu ll exte nt of the disallowance.
IV . RESPONSIBILITIES OF THE COUNTY
A. Administr:itive Control
The Parties recognize and understand that the County wi ll be the governmental entity required lo
exec ute all grant agreements received from HUD pursuant to the County's requests for CDBG
funds . Acco rdingly, the Su bGrantee agrees that as to its projects or activities perfonned or
conducted under ony CDBG agreement, the County shall have the necessary administrative control
required to mee t HUD requirements .
B. Perfonnance and Compliance Monitoring
The County's administrati ve obligations to the SubGrantee pursuant to paragraph A above shall be
limited to the perfonnance of the admini strati ve tasks necessary to make CDBG funds avai lable to
the SubGrantee and to provide a Monitoring Specialist who se job it will be to monitor the various
projects fund ed with CDBG monies to monitor co mpliance with appli ca ble Federal laws and
regul ations .
C. Reporting lo HUD
The Cmmty will be respo1 . ·-'ais io r se eing that all necessary repor" an d inform ati on required of the
County are filed wi th HUD and other app li cab le Federal agencies ma timely fashion .
V. EXTENT OF THE AGREEMENT
This agree ment, including any doc uments attached as exh ibi ts whic h are hereby inc orpo rated here in
by re fere nce, repre sents the en tire and integrat ed ~gre ement betwee n the Co unty and SubGrantee
and supercedes all prior ne go ti~tions, representations or agree men , either wrinen or ora l. Any
amendments to thi s agree ment must be in writing an d s:gned by both the Co unty and SubGrant ee.
If an y poni on of thi s agreen,ent is found by a court of co mpetent jurisdiction to be void and/or
unenforceab le, it is the intent of the parties that the remaining portions of this agreement shal l be of
ful l force and effect.
10
•
•
•
_In Witness Whereof, the Partie s have caused thi s Agree ment to be duly executed this _____ day
• of ___________ ___, 2005 .
SubGrantee : City ofEnglcwood
Signature-Douglas Garrett
ATTEST:
:1a or
Title
•
•
Board of County Commiss ioners
Arapahoe County, Colorado
Rita A. Pollock on behalf of the Board of County Commissioners
Pursuant to Resolution #040483
11
Loucrishia A. Ellis
City Clerk
•
PROJECT BUDGET
COLUMN A COLUMN .B COLUMNC COLUMND
l'n,jmActh<da Esd .. kd Toca& Coet of CDBGF111N11 Other FllNS Coa ■lntd
(q,odlybylloo ' ~I AcdYlty
-$305 ,406 SJl,000 Sl.ll.406
TOTAL: SJ0l,406 SJl,000 Sl.ll,406 •
•
SUBGRANTEE AGREEMENT FOR
ARAPAHOE COUNTY • COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: CITY OF ENGLEWOOD
PROJECT NAME: HOMEOWNER FIX-UP
PROJECT NUMBER: ENHS 520
This Agree ment is made by and between the Board of County Commissioners of the Co unty of Arapahoe,
Slate of Col orado , for the Co mmunity Development Block Grant Program in lh< Community Services
Department (he reinafter referred to as the County) and the City of Englewood (he .cimllter referred to as the
SubGrantee) for the conduct of a Community De velopment Block Grant (C DBG) !>,oject.
I. PURPOSE
The primary objective of Title I of the Ho ~ommunity Develc .,11ent Act of 1974, as amended,
and of the Community Development Block JG) Program under this Title is the development of
viable urban communities, by providing dee , mg, a suiiable li ving enviroM1ent and expanding
economic opportunities , principally for low and mu~erate income persons .
The project by the SubGrantee known as the Homeowner Fix-up Project (Project) has been catego"~ J.S a
Housing Rehabilitation project and the SubGrantee will maintain documeniation with th,:. ,.~r!c:lll.l
.objective of Low/Moderate Income Housing activities.
The SubGrantee may proceed to incur cc·sts for the Project upon receipt of an official "Notice to Proceed"
from th e County.
Il. WORK TO BE COMPLETED BY THE SUBGRANTEE
The following pro vis ions outline the scope of the work to be completed :
The Sub Grantee will utilize CDBG funding to provide grants to income eligible homeowners for ex terior
home improvements . The intent of th e project is both to improve th e Englewood's existing housing stock,
as well as improve the visual appearance of deteriorated ne ighbo rhoods . Typical improvements may
include (but are not necessarily limited to) paint, siding, windows, roofs , and xeriscaping .
•
A. Payment
It is ex press ly agreed and understood that the total amount to be paid by the County under this
contrac t shal l not exceed $33 ,2 50.00 . Drawd owns for th< payment of eligible expenses shall be
made against the line item budgets specified in the Project Budget and in accordance with
performance criteria established in Section 11-C . The parties expressly recognize that the
SubGrantee is to be paid with CDBG fund s received from the federal government, and that the
C
obligation of the County to make payment t0 SubGrantee is contingent upon receipt of such funds .
In the event that said funds , or any part ther~1f, are , or become , unavailable, then the County may
immediatel y terminate or amend this agreement. To the extent C.R.S.§29-1-110 is applicable, any
financial obligation of the County to the SubGrant~ beyond the current Fi scal year is also
contingent upon adequate funds being appropriated, budgeted and otherwise available.
Any Project fonds not expended and drawn from the County by the deadline identified in Section
ll. C. 3. below shall re vert to the County and be utilized for other purposes .
B. Timeline
All Project activities will be completed by May 31, 2006 unles s this Agreement is mo :li f,ed. by
mutual agreement of the County and SubGrantee .
C. Performance Criteria
In accord •.411ce with the funding application submitted by the SubGrantee for the Project, the ~•i tr !'l a
listed bei0w are to be met during the execution of the Project.
I. Quantifiable Goals:
The SubGrantee will provide grants to renovate the exterior of seven owner occupied
homes. Grants are not to exceed $4 ,000 each, and will require a 20% match from each
homeowner.
All improvemer,'ts compl:ted under thi s grant are to be performed in compliance with
applicable local ur industry codes and standards.
2. Community Impact:
Affordab le housing -stabi:ity and housing quality
3. Quarterly Performance Standards:
June 30, 2005:
September 30 , 200 5:
December 31 , 200 5:
March 31. 2006:
May 31 , 2006:
Hire intern to perform project
Program marketing
Provide one reno vation grant
Provide two reno vation grants
Provide two renovation grants
Provide two renovation grants
Comp lete all renovations funded by project
•
•
•
•
•
•
Submit final <lrawdown and co mpl etion report to County
D . Repo rt ing Requirements
I. Projec t repo rts will be due within one month fo llowing the end of eac h ca lendar year
quarte r (Marc h 31, June 30, Sep tember 30 , December 31) until the Proje ct is co mpl eted.
' '[be official annual audit and/or Financial Statements for the SubGrantee in which both
revenues and expe ndirurcs for the CDBG Projects described herein are det:ii led are due
annuall y.
E. Labor ~t~ndards (Davis-Bacon)
It is detennined that:
Project activi :i es do not require co mpliance with federal labor standards.
F. Environmental Review
Notwithstanding any provision of this gr·•ement, the parties hereto agree and acknowledge that
this Agreement does not co nsti tute a commitment of funds or site approval, and that such
commitment of funds or approval may occur only upon satisfactory completion of environmental
review and receipt by Arapahoe Co unty of a release of funds from the U.S. Department of I lousing
and Urban Deve lopment under 24 CFR Part 58. The parties further agree that the provisior. of any
funds to the project is conditioned on Arapahoe County's determination to proceed with , modify, or
cancel the project based 011 the res ults of a sub.equent environme ntal review.
G. Uniform Relocation Act (URA)
Project activities do not require compliance ,vith the Uniform Relocation Act.
H. Lead Based Paint
The SubGrantee ,viii compl y wi th County policies and all sta te and tederal regulations and
guidelines related to minimi zing lead hazards in residential properties , including 24 CFR Part 35
and Colorado Regulation Number 19.
III. RESPONSIBILITIES OF THE SUBGRANTEE
A. Federal Compliance
Th e SubGrant ce shall comp ly with all applicable federal laws, regulations and req uirements , and all
provi sio ns of the grant agreements received from th e U.S. Department of Housing and Urban
Development (HUD) by the County . These include but are not limited to compliance wi th the
pro visions of the Housin g and Commnnity Development Act of I 974 and all rule s, regulations ,
3
guideline s and ci rcul ars promu lga ted by the vario us federal departments, agenc ies, administrati ons
and co mmi ss ions re lating to the CD BG Program. .·\ li stin g of so me of the appl icab le laws and
regul ati ons arc as fo ll ows: •
I. 24 CFR Pm 570 :
2. 24 CFR Pans 84 and 85 ;
3. Title VI of the Civil Rights Act of 1964;
4. Ti tle vrn of the Civil Ri ghts Act of 1968 ;
5. Sec ti ons l04(b) and 109 of the Housing and Co mmuni ty Develop me nt Ac t of 1974;
6. Fair housi ng regulations establi shed in the Fai r Hous in g Act, Publi c Law 90 -284, and
Ex ecuti ve Order 11063;
7. Sec tion 504 of the Rehabilit atio n Act of 1973;
8. Asbestos gu idelin es estab li shed in CPD No ti ce 90--14;
9. The Energy Policy and Conservation Ac t (Publ ic Law 94-163) and 24 CFR Part 39 ;
I 0. Equal employment opportun ity and min ority busi ne ss enterpri se regulations esta bli shed
in 24 CFR part 57 0.904 ;
i 1. Section 3 of the Housing and Urban De ve lopment Act of 1968 ;
12. Non-discrimination in employment, es tablished by Executive Order 11 246 ;
13. Lead Based paint regulations estab li shed in 24 CFR Parts 35 and 570.608 ;
14. Audit requirements established in 0MB Circular A-1 33; and
15 . Cost principles establi shed in 0MB Circulars A-87 and A-122.
Additionall y, in accordanc e with 24 CFR Part 570 , no e,,1ployee , official, age nt or co nsultant of the
SubGrantee shall exe rci se any function or responsibility in which a conflict of intere st. real or •
apparent, wo uld arise. The SubGrante e cannot engai,c in a federall y funded contract with any entity
registered in the Lists of Parties Excluded Frc..n Federal Procurement or No nprocurement
Program s.
B. Non -Appropriation s Clause
The SubGrantee agrees th at it wi ll include in every co ntract it ent ers , which relies upon CDBG
moni es for funding , a non-appropriation clause that wi ll protect itself and the Co unty from any
liabili ty or respons ibility or any suit which might res ult fro m th e discontinuance of CDBG funding
for any reason. Because this SubGrantee Agree ment invo lves funds from a federal grant, to the
exte nt there is a co nfli ct the fundin g pro vis ions of thi s SubGrantee Agreement, the federal grant and
the federal starutes co ntrol rather than the provi sions of Section 24 -91-103.6, C.R.S. with regard to
any publi c work projec ts.
C. Expenditure Restrictions
Al l CDBG fund s that are ap pro ved by HUD fo r expe nditure under the Co unty's grant agree me nt,
includin g tho~e that are identifi ed fo r th e SubGrantee's Projects and ac ti vities, shall be allocated tu
the specific projects and activitie s desc ribed and listed in th e grant agreements. The allocated fun d!,
shall be used and ex pended onl y fo r the projec ts and acti vities for which the funds are identified .
•
•
•
•
D. Agreement Changes
No projects or ac tivities, nor the amount allocat ed therefo r, may be chan ged without approval by
the County and acceptance of the revi se d Fi nal Statement and/or Conso lidated Plan by HUD, if
required. Changes must be requested in wri tin g and may not begi n until a modification to this
Agreement is full y executed .
E. Direct Project Supervision and Adminislr.llion
The SubGrantee shall be responsible for the direct supervision and administration of its respective
projects or activities. Thi s task shall be accomµlished thro ugh the us e of the SubGrantee's staff,
agency and employees . The SubGrantc • shall be r,:sponsi ble for any injury to persons or damage to
property resulting from the negligen t ac ts or en 11s ana omissions ofits staff, agents and employees.
Because the SubGrantee is responsible for the direct supervi sion md administration of its projects
or activities , the Co unty shall not be liable or re spo nsible fo r cost overruns by the SubGrantee on
any projects or activities. The County shall have no d11:y or ob ligation to provide any additional
funding to the SubGrantee if its projects or ~i;tivities c:umot completed with the funds allocated
by the County to th e SubGrantee . Any c11s1 cs1ir1w,s ~hall be the sole responsibility of the
SubGrantee .
F.
I. The SubGrantee agrees that all funds allocated to it for approved projects or activi tie s
shall be used solely for the purposes appro ve d by th e 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 comp lete sai d projects or activitie s without any additional CDBG
funding.
Indemnity
To the extent allowed by law , the SubGrantee shall indemnify and hold harmless the Co unty and its
elected and appointed officials, officers, employees and agents from and against any and all losses ,
damages, liabilities, claims, suits, actions or : Jsts, including attorneys fees, made, asserted or
incurred as a result of any damage or alleged :,!!!.,age to person or property occasioned by the acts
or omissions of SubGrantee , its officers , em~'.Jyees, agents, contractors or subcontractors, arising
out of or in any way connected with the Project or the performance of thi s contract.
G. Bonding and Insurance
If the SubGrantee's projects involve construction act iviti es . any Contractor it uses for said activities
shall be required to provide and maintain , until final acc ~ptance by the SubGrantee of all work by
such Contrac tor , the kinds and minimum amounts of insurance as follows:
I. Co mprehensive G~neral Liability: In the amount of no t less than $1 ,000,000 co mbined
si ngle limit. Coverage to include :
5
a.
b.
C.
d.
e .
f.
g.
h.
i.
Premi ses Operations
Produc ts/Co mpleted Operations
Broad Fenn Contractual Liability
Independent Contractors
Broad Form Pro peny Damage
Employee s as . dditional 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 $ I ,000 ,000
combined single limit for bodily injury and propeny damage . Coverage to include :
a. Arapahoe County and the SubGrant1;e a.< additional Named Insured
b. Waiver of Subrogation
3. Employers Liability and Worker.; Compensation : The Contractor shall secure and
maintain employer's liability and Worker's Compensation Insurance that will protect
it against any and all claim s 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 SubGrnntee ; it being the intent of the parties that the insurance
policies so effected shal l protect the parties and be primary coverage for any
and all losses covered by the d~scribed insurance .
b. The clause entitled "Other Insurance Provi sions " contained in any policy
including AI'J pahoe County as an additional named insured shall not apply
to Arapah oe County or the SubGran1 ee.
c. The insurance compa. · es issuing th e p,,licy or policies shall have no
recourse against Arapahoe County or the SubGrantee for payment of any
premiums due or for any assessments under any fonn of any policy .
d. Any and all deductibles contained in any insurance policy shall be assumed
by and at the sole risk of the Contractor.
5. Certificate of Insurance : The Contractor shall not commence work under any
contract funded pursuant to this Agreement until he has submitted to the
SubGrantee, received approval thereot: certificat es of insura.'!ce showing that he has
complied with the foregoing insurance requirements. The SubGrantee shal l also
submit a copy of the Co ntracto r's certificates of insurance to th e County .
6. Notwithstanding the provisions co ntained in thi s paragraph (H) set forth
hereinabove, u1e County reserves the right to modify or waive said provisions for
prc>jects or activities for which these provisions would prove prohibitive . The
6
•
•
•
•
•
•
SubGran1ee underslllnd s, howe ver, that the decis ion to waive or modify those
prov isions is fully within 1he discre1ion of 1he Co unty .
ln accordanc e wit h 24 CFR parts 84 and 85, the fo ll owi ng bonding requirements shall appl y to all
projecls exceed in g the simplified acquisition threshold :
I. A bid guarantee from each bidde r equivalent to 5% of the bid pric e;
2. A perfo rman ce bond on the part of the co ntracto r fo r I 00% of the contract price: and
3. A payme nt bond on the part of the co ntractor for I 00% of the co ntract price.
H. Records
The SubGrantee shall maintain a comnl ete se t o;:'books and records do.:ame nt.i ng its use of CDBG
funds and its supervi sion and admiiu,ll1ltio n 0f u,e Project. RK.P rds are to include documentation
verifying Project eli gibility and natio~-.1 objective compliance , ;1s well as financial and other
administrati ve aspects invo lved in pr·f.::ming the Project. The SubGrantee shall pro vide full
access to these books and rec.o ;ds ·• •~~ Co unty, the SecretP.';' o~ !-!lJD or hi s designee, the Office
of Inspector General, and th e Ge neral A..:counting Office so IIW compliance with Federal laws and
regulations may be co nfirmed The SubGrantee further agrees to provide to the County upon
request, a co py of any audit reports pertairung to the SubGrantee's financial operatio ns during the
term of thi s Agree rr. ,,,,. All records pe1'JUning to the Proj ec t are to be maintained for a mirumum
of five years fo llo v. •· 1g close-o ut of the l'n,; ect.
I. Reporting
The SubGrantee shal l file al l reports and othe r informatio n necessary to comply with applica ble
Federal laws and regul ations as required by the County and HUD . Thi s shall include pro viding to
th e Co unty th e info rmati on necessary to complete annual Performance Reports in a timely fashion .
J. Timeliness
The SubGrantee shall co mpl y with the quanerly performance slllnd ards es tabli shed in Se ction ll-C
of thi s Agreeme nt. The SubGrantee understands that failure to co mpl y with the esta bli shed
standards may lead to a cancellation of the Project and a loss of all une xpended fund s.
K. Reimbursement for Expenses
The ubGrantee agrees that l;efo re the Co un ty can di stribute any CDBG funds to it, th e SubGrantee
must submit to the Co unty's Housin g and Comm uni ty De ve lopment Serv ices Di visio n
do cumentati on in the form req uired by that Di vision which pro pe rl y and fully iden tifies the am ount
whic h 1he SubGrantee is requestin g at that time . The County shall have ten (10) wo rking days 10
review the request. Upo n approval of the r quest , th e Co un ty wi ll distribute the reque sted fund s to
the SubGrantee as soon as possib le.
L. Program Income
All program income directly derived from lhe Arapahoe County Community Development Block
Grant Program received by lhe SubGrantee will be retained by lhe SubGrantee and will be
dispersed for its app roved CD BG Project activities before additional CDBG funds are requested
from !he County . Following co mpl et ion of !he SubGrantee's Arapahoe County CDBG Projects , all
program income directly genera ted from lhe use of CDBG funds wi ll be remitted to lhe County.
M. Real Property
Real property acquired in whole or in part wilh CDBG funds shall be utilized in accordance with
lhe scope and goals identified in Sections I and ll of thi s Agreement. Should the property in
question be sold or olherwise disposed of, or lhe approved propeny usage disco ntinued, the
SubGrantee shall adhere to lhe requirements of24 CFR Parts 84 or 85 (as applicable) regarding lhe
use and disposition of real propeny.
N. State and County Law Compliance
All responsibilities of the SubGrantec enumerated herein shall be subject to applicable State
statutes and County ordinances, resolutions , rules , and regulations.
O. Subcontncts
If subcontracts are used on lhe Project, the SubGrantee agrees that the provi sions of this Agreement
shall apply to any subcontract.
P. Suspension or Termination
This Agree ment may be suspended or terminated by th,: County if the SubGrantee materially fails
to co mpl y wilh any term of this Agreement This Agreement may also te terminated for
convenience by mutual agreement of lhe County and the SubGrantee .
Q. [n lhe event that the Unit of General Local Government should withdraw tir,m the County's
"Urban County " designation, this Agre1 :ment shall terminate as of the termination date of the
County's CDBG grant Agreement wirh 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 it,
to any person fo r influencing or attempting to influ•mce an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, lhe makin g of any Federal grant, the making of any Federal loan , the
entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement; and,
•
•
•
•
•
•
2. If any fund s other than Federal appropriated fund s have been paid or will be paid to
an y perso n for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress , an officer or emplo yee of Congress, or an employee
of a Member of Co ngre ss in connection with thi s Federal contract , grant , loan , or
cooperative agre ement , it will complete and submit Standard Form-LLL ,
"Di sclosure Form to Report Lobbying," in accordance with its insnuctions.
S. Disallowance
If it is determined by HUD or other federal agency that the expendi tu,r . in whole or 111 part, for the
SubGrantee's Project or activity was improper, inappropriate nr in t li ip ble fo r reimbur.;ement, then
the SubGrantee shall reimburse the Co u.·.,y to the full exten: t 1 u;,,;iJ:nwan cc.
IV. RESPONSIBILITIES OF THE COUNTY
A. Administrative Control
The Parties recognize and understand that the County will be the governmental enu ty required to
execute all gram 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 Count) 111 have the necessary administrative control
required to meet HUD requirements .
B. Performance and Compliance Monitoring
The County's administrative obligations to the SubGrantee pursuant to paragraph A above shall be
limited to the performance of the administrative tasks necessary to make CDBG funds available to
the SubGrantee and to provide a Monitoring Specialist whose job it will be to monitor the various
projects funded with CDBG monies to monitor compliance with app licable 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 oth er applicable Federal agencies in a timely fashion.
V. EXTENT OF THE AGREEMENT
This agreement, including any documents attached as exhibits which are hereby incorporated herein
by referenc ~, represents the entire and integrated agreement between the County and SubGrantee
and supen:ed<'S 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 co •. ·, if competent jurisdiction to be void and/or
9
unenforceable, it is the intent 01 the parties that the remaining 1 ••rtio ns of this agreement shall be of
full force ar.d effec t
,In Witness Whereof, th e Parties have caused this Agreement to be dul y exec uted thi s _____ day
• of ___________ _,2005 .
•
•
SubGrantee : City of Englewood
SignatUJC -iJou g las Garrett
Ma or
Title
Board of County Commissioners
Arapahoe County, Colorado
Rita A. Pollock on behalfofthe Board of County Commissioners
Pursuant to Resolution #040483
11
ATTEST:
Loucrishia A. Ellis
City Clerk
•
PROJECT BUDGET
COLUMN A COLUMNB COLUMNC COLUMND
~ ProjtttAcchida Esdmltd Total Cose or ct>BC Fa ■ds Ot.kr Fa ■ds Co■mlntd
(ipfflfy by lint ittm) Acdvity
1 .. -salaya ...... S4 .250 $4 ,25 0 so
ProjCl.t adminisnive CXl)ICrlSCS SJ ,000 Sl ,000 $2.000
Grml cxpcnscs SJl,000 Sll,000 $7,000
• TOTAL : !42.2.50 SJJ.250 $9,000
•
•
•
•
COUNCI L COMMUNICATION
Dale: Age nd a ll em: Subjecl:
April 4, 2005 9 a i Int ergovernmen tal Ag reem t:nts between the
Cily and Ara pa ho e County
lnilial ed By:
Com111uni1 y Deve lop111 en1 Depa rtm enl
I Slaff Source:
Janel Grim me!!, H ousin g Fin ance Spec iali sl
COUNCIL GO AL AND PREVIOUS COUNCIL ACTION
Coun cil pas sed O rdinan ce No. 39, Se ri es of 1994, th al was ex t end ed by Amendm enl N o. 3 dated
Jun e 26, 2003 relatin g l o parli cipa t,vn in th e Urba n County Entitl em ent Program fo r Community
D eve l op ment Block Grant (C DBG ) and HOME fun ds fo r 2004 th rough 2006; and, pass ag e of
Reso lu1io n N o. 9 1, Se ri es of 20 0 4 supportin g H ousin g and Co mmunity D eve lopm ent th at
auth ori ze d submilling ap plica ti o ns fo r 200 5 CDBG fundin g.
RECOMMENDED ACTION
Approve a Bi ll fo r an Ordinance auth o ri zin g th e exec ution of three Int ergovernm ental Subgranlee
Ag ree menls for the 2005 Arapah oe Co unty Communily D eve l opment Bl ock Gran! Pro gram
(CDB C I between 11,e City of En glewood and th e Arapahoe Board o f County Commiss i oners .
BACKGROUND, ANA LYSIS, AND ALTERNATIVES IDENTIFIED
The Fede ral Community Development Bl ock G rant (CDBG) Pro gram p rovides gra nts l o unil s of
loca l gove rnm ent and urb an co unti es to mee t housi ng and co mmun ity deve lop ment need s. Th e
obj ec live of th e Prog ram is ac hi eve d lhrough proj ec ts deve loped by th e loca l governm ent th at ar e
desig ned to give priority to th ose ac liviti es th at benefi t low-and moderate-in co me fa mili es. Ftmd s
ar e all oc at ed by statut ory formu la to eac h entitl ement area. Arapahoe Co unt y is an appro ve d
ent itl ement area. Th e grant fund s are di stribut ed by Arapahoe Co unt y to eac h particip atin g ci ty
with in th e co unty.
Fo r FY~00S , fu nds are approv ed to support i:1c •r:: !lrojects:
I . $1 32 ,500 for lhe H o usin g Rehabilitati on h ,, .'L, ,,clt,din g th e H andyman Pr oj ec l ) to
ad mini ster, monitor, rehai;i lit ate a11oi .'L ~e pair ten low -in co me ow ner-occ upied
homes sca llered lhro ughoul the City;
2. $35,000 for th e H o use of H o pe Pr ojec t to provide sl affin g for two employees; and
3. $33 ,25 0 (or th e Homem-vner Fix-Up Proj e t to ad mini ster, monit or and provi de grant s to
imp rov e th e visua l appea ran ce of seve n low-in come, owner-occ up ied homes wit hin
des igna ted neig hborhoods i n the City.
FI NA NCI AL IMPACT
Th e ex isting employees in Community Deve lop ment are avai labl e lo admin ister the projec ts and
th eir sa lari es and ben efi ts are part of the City's contribu tion. The City wi ll utilize a porti on of the
CDBG funding from th e H ousi ng RehabiPta ti on and the Fi x-Up Project (es t. $8,500) l o part ia ll y
offs et th e cos ts of th ose sa laries and benefits.
Additional CDBG funding o f $4 ,250 has be en approve d l o hir e a contractual program adm inistra tor
to manag e the da y-to-d ay activiti es of th e H omeo wn er Fix-Up project.
LIST OF ATTACHMENTS
Bill for an Ordinance.
•
•
•