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HomeMy WebLinkAbout2003 Ordinance No. 030• • • ORD INANCE NO. j(2_ SERIES OF 2003 3s--.1.oo 3. CONTRACT NO, 3 (. -.t.oo :J .l1--t oo:!. .3 Y -:L.oo.3 BY AUTHORITY COUNC IL BILL NO. 25 INTRODUCED BY COUNC IL MEMBER GARRETT AN ORD INANCE APPROVING AN D AUTH ORIZ ING THE EXECUTION OF FOUR INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR T')E YEAR 2003 BETWEEN THE ARAPAHOE BOA RD OF COUNTY CO MMISSIONERS AND THE CITY OF ENG LEWO OD, COLORADO. WHE REAS, the City co uncil of the Ci ty of Englewood approved the execu ti on of an Intergovernmental Agree ment oetwee n the City of Englewood and Arapahoe County by passage of Ordinance No. 39 , Se ries of 1994, covering th e City's part ic ip ati on in the Ara pahoe Cou nty CDBG Entitlement Program as ex tend ed by Amendment No. 2, for funding years 2001 through 2003; and WHEREAS , th e Englewood Ci ty Counci l passed Re so luti on 101 , Seri es of 2002, supporting Housing and Communi ty Develop men t that auth orized submitting an app li cat ion for 2003 CDBG fundin p.; and . WHEREAS , the projec t by the City of Engl ewood known as the "Housing Rehabilitati on Project" has been categorized as a rehabil itation activity ; and WHEREAS, the project by th~ City ofEngiewood known as the "House of Hope Staffin g" has been categorized as a public serv ic e activity; and WHEREAS , the project by the City of Englewood known as the "Homeowner Fix-Up Proj ect" ha s been categorized as vis ual improvement project for low -in co me ow ner-occl!p icd homes wi thin designated neighborhoods in th e City; and WHEREAS, the project by the City of Englewood known as the "Re ntal Fi x-Up Projec," has been categorized as a proj ec t to imp rove the vis ual a::,pearance of low -income rente r-oucupied homes within de signated ne ;gJ,borhoods within the City; and WHEREAS , th e City of Eng lewood may proceed to in cur costs fo r th ese projects unl ess such acce ptance is mad e contingent under Section 11-F, Labor Standards, or Section ll -G, Environmental Reviews , as contained in the Subgrantec Agre ement s and subj ect to the City of Englewood re ce ivin g an official ''Notice to Procee d" from Arapah oe Cou nt y. NOW, TH ERE FORE, BE IT ORDA INED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO, TH AT: Sectio n 1. The Subgra ntec Agreemen t for th e 2003 Arapa hoe Co unt y Co mmunity Deve lopment Blo ck Grant-Housin g Rehabilit at ion Project, att ached hereto as Exh ibi t A, is hereby accepted and approved by th e Englewood City Counci l. 10 b ii Section 2. The Subgrantee Agreement for the 2003 Arapahoe County Community Development Block Grant -House of Hope Project, attached hereto as Exhibit B, is hereb y accepted and approved by the Englewood City Council. Section 3. The Subgrantee Agreement for the 2003 Arapahoe County Comm unity Development Blc :k Grant -Homeowner Fix-Up Project, attached he re by as Exhibit C, is hereby accepted and approved by the Englewood City Council. Section 4. The Subgrantee Agreement for the 2003 Arapahoe County Community Development Block Grant -Rental Fix-Up Proje ct, as attached hereby as Exhibit D, is hereby accepted and approved by the Englewood City Council. Section 5. The Mayor and City Clerk are hereby authorized to sign and attest said Agreements for and on behalf of the City of Englewood , Colorado. Introduced , read in full, and passed on first reading on the 7"' day of April, 2003 . Publi shed as a Bill for an Ordinance on the I I"' day of April , 2003 . Read by title and passed on final reading on the 21 " day of April , 2003 . Published by title as Ordinance No . J? , Series of 2003, on the 25"' day of April , 2003 . I, Loucrishia A. Elli s, City Cl erk for the City of Englewood , Col orado , hereby cenify that the above and foregoingjs_ a true co py of the Ordinance passed on final reading and publi shed by "''"°"'•-N•. "'2.., Sme, ,e,oo,. ~ t1-• "'"'""'" ' m• ½ • • • SUBGRANTEEAGREEMENTFOR ARAPAHOE COONTY COMMUNITY DEVELO~l\1ENT BLOCK GRANT FUNDS SUBGRANTEE : CITY OF ENGLEWOO D PROJECT NAME: HOUSING REHABILITATION PROJECT NUMBER: ENRB 307 EXHIBIT A This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, for the Community Development Block Grant Program in the Community Services Department (hereinafter referred tc, 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 Title I of the Housing and Community Deve lopment Act of 1974, as amended, and of the Community Development Block Grant (CDBG) Program under this Title is the development of viable urban communities, by providing decent housing, a suitable living environment and expanding economic opportunities, principally for low and moderate income persons . The project by the SubGrantee known as the Housing Rehabilitation Project (Project) has been categorized as a Single Family Housing Rehabilitation project and the SubGrantee will maintain documentation with the national objective of Low/Moderate Income ff,,,. 1g activities. The SubGrantee may proceed to incur costs for the Project upon receipt of an official "Noti ce to Proceed" from the County. II. WORK TO BE COMPLETED BY THE SUBGRANTEE The following provi sio ns outline the scope of 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. Typical improvemen ts may include (but are not necessarily limited to) plun1bing, electri ca l systems, roofs, and HV AC work . A. Payment It is expressly agreed and understood that the total amount to be paid by the County under this contract shall not exceed $25,000 .00 . Drawdowns for the payment of eligible ex penses 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 SubGrantcc 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 co ntingent upon receipt of such funds. In the event that said funds, or any part thereof, are, or become, unavailable , then the County may immediatel y termin ,te or amend this agreement. To the extent C.R.S . § 29-1-110 is applicable, any financial obligation of the County to the SubGrantee beyond the current fiscal year is also • contingent upon adequate funds being appropriated, budgeted and otherwise available . B. Tlmellne All Project activities will be completed by May 31, 2004 unless this Agreement is modified by mutual agreement of the County and SubGrantee . C. Performance Criteria In accordance with the funding application submitted by the SubGrantee for the Project, the criteria listed below are to be met during the execution of the Project. I. Quantifiable Goals : Toe SubGrantee will provide two home improvement loans or grants to income eligible Englewood homeowners . All improvements funded under this grant are to be performed in compliance with applica ble local or industry codes and standards. 2. Community L'Tlp act: By completing th~ project, the SubGrantee will reduce the number of substandard homes in the CityofEnglewood by0.000 1%. Toe SubGrantee will maintain written records documentin g the Project's community impact for a period of five years following completion of the Project. This information is to be made available (upon request) to Arapahoe County or the U.S. Department of Housing and Urban Development for monitoring purposes. 3. Quarterl y Performance Standards : June 30, 2003: September 30, 2003: December 31, 2003 : March 31, 2004 : May 31, 2004: No requirements established No requirements establish ed Market program, interview potential clients Provide one rehab ilitatio n lo an/grant Provide one rehabilitation loan/grant Complete all rcno '1ations funded by project Submit final drawdown a,:id completion report to County 2 • • • D . Reporting Requirements I . Project reports will be due within one month following the end of eai:b calendar year quarter (March 31, June 30, September 30, December 31) until the Project is comp leted . 2. The official annual audit and/or Financial Statements for the SubGrantce in which both reven ues and expenditures for the CDBG Projects described herein are detailed are due annually. E. Labor Standards (Davis-Bacon) It is determined that : Project ai:tivities do not require compliance with federal labor standards. F. Environmental Review Notwithstandin g any provisio n of this Agreement, the parties hereto agree and ac knowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfai:tory completion of environmental review and receipt by Arapahoe County of a rel~ase of funds from the U.S . Department of Housing and Urban Development under 24 CFR Part 58 . The parties further agree that the provision of any funds to the project is conditioned on Arapahoe County 's determination to proceed with, modify, or cancel the project based on the results of a subsequent environmental review. G. Uniform Relocation Act (URA) Proj ect ac tivities do not require compliance with the Uniform Reloc ati on Act. H. Lead Based Paint The SubGrantee will comply with County po licies and all state and federal regulations and guidelines related to minimizing lead hazards in res idential properties , including 24 CFR Part 35 and Color.do Regulation Number 19. Ill. RESPONSlBILITlES OF THE SUBGRAl'ITEE A. Federal Compliance The SubGrante e shall comply with all applicable federal laws, regulations and req uire me nts , and all provisions of the grant agreements ,ece iv cd from the U.S. Department of Hous ing and Urban Development (HUD) by th e County. These include but are not limited to compliance ,vith the pro visions of the Housin g and Comm unity Develop men t Act of 1974 and all rules, regulati ons, gu idel ines and circ ulars promulgated by the various federal departments , agencies, administrations and commissions relating to the CDBG Program . A listing of so me of the applicable laws and regulations are as follows : I. 24 CFR Part 570 ; 2. 24 CFR Parts 84 and 85; 3. Title VI of the Civil Rights Act of 1964; 4. Title V1Il of the Civil Rights Act of I 968 ; 5. Sections 104(b) and 109 of the Housing and Community Deve lopment Act of 1974; 6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284 , and Executiv e 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 Developn.ent Act of 1968; 12. Non-discrimination in employment, established by Executive Order 11246; 13 . Lead Based paint regulations established in 24 CFR Parts 35 and 570 .608 ; 14. Audit requirements established in 0MB Circular A-133; and 15 . Cost principles established in 0MB Circulars A-87 and A-122. Additionally, in accordance with 24 CFR Part 570 , no employee , offici al, agent or consultant of the SubGrantec shall exercise my function or responsibility in which a conflict of interest, real or apparent, would arise . Tut, SutGrantec cannot engage in a federally funded contract with any entity registered in the Lists of Parties Excluded From Federal Procurement or Nonprocuremcnt Programs . B. Non-Appropriations Clause The SubGrantec agrees that it will include in every contract it enters, which relies upon CDBG monies for funding, a non-appropriation clause that will protect itself and the County from any liability or responsibility or any suit which might result from the disc ontinuance of CDBG funding for any reason. Because this SubGrantec Agreement involves funds from a federal gran • to the extent there is a conflict the funding provisions of this SubGrantee Agreement, the i..-deral g".Mt az ,d the federal statutes control rather than the provi sions of Section 24-91-103 .6, C.R.S. wiU , ,~rard to any public work projects . C. Expenditure Restrictions All CDBG funds that are approved by HUD to r expend'·'urc under the County's grant agreement, including those that are iden tified for the SubGrantee's Projects and activities, shall be allocated to the specific projects and activi ti es described and listed in the grant agreements . The allocated fun ds shall be used and expended only for the projects and activities for which the funds arc identified . D, Agreement Changes 4 • • • • • • No ;;rojects or activities, nor the amount allocated therefor, may be changed without approval by the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if required . Changes must be requested in writing and may not begin until a modtfication to this Agr:ement is fully executed. E. Direct Project Supervision and Administration The SubGrantee shall be responsible for the direct supervision and administration of its respective projects (" activities . This task shall be accomplished through the use of :he SubGrantee's staff, agency ?,,,.. employees . The SubGrantee shall be respcnsible for any injury to persons or damage to prDJ>erl'/ resulting from the negligent acts or errors and omissions of its staff, agents and employees . Bee r.use the SubGrantee is responsible for the direct supervision and !idministration of its projects or ai :tivities, the County shall not be liable 'lr responsible for cost overruns by the SubGrantee on any projects or activities. The County shall have no duty or obligatiou to provide any additional fund~g to the SubGrantee if its projects or activities cannot be completed with the funds allocated by thr County to the SubGrantee. Any cost overruns shall be the sole responsihility of the SubGrantee. F. I. The SubGrantee agrees that all funds allocated to it for approved projects or activities shall be ~ed solely for the purposes approved by the County. Said funds shall not be used for ar.y non-approved purposes. 2. The SubGrantee agrees that the funds allocated for any approved proj,x:ts or activities shall be sufficient to complete said projects or activities without any additional CDBG funding . Indemnity To the el/lent allowed by law, the SubGrantee shall indemnify and hold harml ess the County and its elected and appointed offici?Js, officl!l'S, employees and agents from and against any and all losses, damages , liabili ties, claims, sui ts, actions or costs, including attorneys fees , made , asserte~ or incurred as a result of any damage or alleged damage to person or property occasioned by the acts or om issions of SubGrantee, its officers, employees, agents, contractors or subcontractors, arising out of or in any way connected with the Project or the performance of this contract. G. Bonding and Insurance If th e SubGrantee's projects involve construction activ •ties, any Contractor it uses for said activities shall be required to provide and maintain, until final acceptance by the SubGrantee of all wo11< by such Contractor, the kinds and miri mum amounts of insurance as follows : I . Comprehensive General Liability: In the amount of not less than $1 ,000,000 co mbi..ed sin gle limit. Coverage to include: a. Premises Operations 5 b. C. d. e. f. g. h. i. Products/Completed Operations Broad Fann Contractual Liability Independent Contracton, Broad Fonn Property Damage Employees as Additional Insured Personal Injury Arapahoe County and the SubGrantee as Additional Named Insured Waiver of Subrogation 2. Comprehensive Automobile Liability: In the amount of not less than $1,000,000 combined single limit for bodily injury and property damage . Coverage to include : a. Arapahoe County and the SubGrantee as additional Named Insured b. Waiver of Subrogation 3. Employers Liability and Workers Compensation : The Contractor shall secure and maintain employer's liability and Worker's Compensation Insurance that will protect it against any and all claims l'l"Allting from injuries to and death of workers engagro 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 recov r '!Ubrogation against Arapahoe County or the SubGrantee; it being thr ·• vfthe parties that the insurance policies so effected shall protect the p..ro es and be primary coverage for any and all losses covered by the described insurance. b. The clause entitled "Other Insurance Provisions" contained in any policy including Arapahoe County as an additional named insured shall not apply to Arapahoe County or the SubGrantee. c. The insurance companies issuing the policy or policies shall have no recourse against Arapahoe County or the SubGrantee for payment of any premiwns due or for any assessments under any fonn of an: policy. d. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 5. Certificate of Insurance: The Contractor shall not commence work under any contract funded pursuant to this Agreement until he has submitted to the SubGrantee, received approval thereof, certificates of insurance showing that he has coffi!)lied with the foregoing insurance requirements . The SubGrantee shall also submit a copy of the Contractor's certificates of insurance to the County. 6. Notwithstanding the provisions contained in this paragraph (H) set forth hereinabove, the County reserves the right to modify or waive said provisions for projects or activities for which these provisions would prove prohibitive . The 6 • • • • • SubGrantee understands, however, that the decision to waive .ir modify those provisions is fully within the discretion of the County . In accordance with 24 CFR parts 84 and 85, the following bonding requirements si.~11 apply to all projects exceeding the simplified acquisition threshold : 1. A bid guarantee from each bidder equi valent to o of the bid price; 2. A performance bond on the part of the contractor for 100% of the contract price; and 3. A paymen! bond on the part of the contractor for 100% of the contract price . H. Records The SubGrantee shall maintain a complete set of books and records documenting its use of CDBG funds and its supervision and administration of the Project. Records are to include documentation verifying Project eligibility and national objective compliance, as well as financial and other administrative aspects involved in performing the Project. The SubGrantec 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 con.firmed. The SubGrantee further agrees to provide to the County upon request, a copy of any audit reports pertaining to the SubGrantec's financial operations during the term of this Agreement. All records pertaining to the Project are to be maintained for a minimum offive years following close-out of the Project. I. Reporting The SubGrantec shall file all reports and other information necessary to comply with applicable Federal laws and regulations as required by the County and HUD. This shall include providing to the County the information necessary to complete annual Performance Reports in a timely fashion . J. Timeliness The SubGrantee shall comply with the quarterly performance standards established in Section Il-C of this Agreement. The SubGrantec understands 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 distribute any CDBG funds to it, the SubGrantee must submit to the County's Housing and Community Development Services Division documentation in the form required by that Division which properly and full y identifies the amount whir.:, the SubGrantee is requesting at :hat time . The County shall have ten (10) working days to review the request. Upon approval of the request, the County will distribute the requested funds to the SubGrantee as soon as possible . L. Program Income 7 Program income received by the SubGrantee from loans made under this Agreement is to be retained by the SubGrantee for the pwpose of provi ding further housing rehabilitation loans or • grants. After the cwnulative amount of funding provided under this Agrcement has been recycled in its entirety one time, the SubGrantee may retain all future revenue . Should the SubGrantee's Housing Rehabilitation program close before the SubGran:ee bas recycled the entire amount of funding provided under this Agreement, the SubGrantee will continue remitting program income to the County until the cumulative an1ount of funding has been returned or rccyclet\. 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 sol~. 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 SubGrantce enwneratcd herein shall be subject to applicable State statutes and County ordinances , resolutions, rules, and regulations . 0. Subcontracts If si.!>contracts are used on the Project, the SubGrantce agrees that the provision,; of this Agreement • shall ap~,Iy to any subcontract. P. Suspension or Termination This Agreement may be suspended or terminated by the County if the SubGrantee materially fails to comply with any term of this Agreement. This Agreement may also be terminated for convenience by mutual agreement of the County and the SubGrantee . Q. In the event 'hat the Unit of General Local Government should withdraw from the County's "Urban County'' designation, this Agreement shall temiinate as of the termination date of the County's CDBG grant Agreement with HUD . R. The SubGrantee certifies that to the best of its knowledge and belief: I. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to inlluence 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 awarding of any Federal contract, the making of any Federal grant, the making of any Federal Joan, the entering into of any cooperative agreement, and the extension, continuation, 8 • • • 2. renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and , If any funds other than Federal appropriated funds have been paid or will be pai d to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress , or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Fonn-LLL, "Disclosure Fonn to Rep ort Lobbying," in accordance with its instructions. S. l)lsallowance If it is determined by HUD or other federal age, y that the expenditure , in whole or iL part, for the SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then the SubGrantee shall reimburse the County to the full extent of the disallowance . IV. RESPONSIBILITIES OF THE COUNTY V. A. Administrative Control The Parties recognize and understand that the County will be the governmental entity required to execute all grant agreements received from HUD pursuant to the County's requests for CDBG funds . Accordingly, the SubGrantee agrees that as to its projects or ac:iviti-:s perfonned or conducted under any CDBG agreement, the County shall have the necessary administrative control required to meet HUD requhements . B. Performance ar.J Compliance Monitoring The County's administrative obligations to the SubGrantee pursuant to paragraph A above shall be limited to the perfonnance 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 v ith CDBG monies to monitor compliance with applicable Federal laws and regulations. C. Reporting to HUD The County will be responsible for seeing that all necess ary reports and information required of the County are filed with HUD and other applicable Federal agencies in a timely fashion. EXTENT OF THE AGREEMENT This ar-,.:ement, including any documents attached as exhibits which are hereby incorp orated herein by re f ~rence, represents the entire and integrated agreement between the County and SubGrantee and supercedes all prior negoti ations, representations or agreements , either written or oral . Any amendments to this agreement must be in writing and signed by both the County and SubGrantee . 9 If any portion of this agreement is found by a court of competent jurisdiction to be void and/, · unenforceable, it is the i· tent of the parties that the remaining portions of this agreement shall b,: , · full force and effect lO • • • In Witness Whereof, the Parties have caused this Agreement to be duly executed this _____ day • of ____________ ~ 2003 . • SubGrantee: City ofEnglewood Signature Title Board of County Commissioners Arapahoe County, Colorado Justin A. Hamel on behalf of the Board of County Commissioners Pursuant to Resolution #030121 11 • PROJECT BUDGET COLUMN A COLUMN I! COLUMNC COLUMND Proj<dAdlvllho Eldmated Total Cott or CDBGr .. cu Other FuDdt Committed (op<dly by U.. lllm) Acth1t)' Rdlll, ldmini1tntion SI0.000 $2 ,000 S8.000 Loan/pt cxpcnlCI $48 ,000 ru.ooo S2.S ,OOO • TOTAL: Sll,000 S2.S.000 Sll,000 • • • SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE : CITY OF ENGLEWOOD PROJECT NAME: HOUSE OF HOPE STAFFlNG PROJECT NUMBER: ENPS 310 This Agreement is made by and between the Board of County Commissionern of the County of Arapahoe, State of Colorado, for the Community Development Block Grant Program in the Community Services Department (hereinafter referred to as the County) and the City ofEnglewood (hereinafter referred 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 Development Block Grant (CDBG) Program upder this Title is the development of viable urban communities, by providing decent housing, a suitable living environment and expanding economic opportunities, principally for low and moderate income persons . The project by the SubGrantee known as the House of Hope Staffing Project (Project) has been categorized as a Public Services project and the SubGrantee will maintain docwnentation with the national objective of Limited Clientele activities. The SubGrantee may proceed to incur costs for the Project upon receipt of an official "Notice to Proceed" from the County. ll. WORK TO BE COMPLETED BY THE SUBGRANTEE The following provisions outline the scope of the work to be completed : The SubGrantee will utilize CDBG funding to provide staffing at the House of Hope, which provides long term shelter and supportive services for homeless families . A. Payment It is expressly agreed and understood that the total amount to be paid by the County under this contract shall net exceed $50,000.00. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in the Project Budget and in accordance with performance criteria established in Section II-C. The parties expressly recognize that the SubGrantee is to be paid with CDBG funds received from tht federal government, and that the obligation of the County to make payment to SubGrantee is contingent upon receipt of such funds . In the event !'1at said funds, or any part thereof, are , or become , unavailable, then the County may l ! ,I, .j. B immediately terminate or amend this agreem ent 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 app ro pri ated, budgeted and otherwise available . • B. Tlmellne All Project activities will be completed by May 31, 2004 unless this Agreement is modified by mutual agreement of the County and SubGrantee. C. Performance Criteria In accordance with the funding application submitted by the SubGrantee for the Project, the criteria listed below are to be met during the execution of the Project. I. Quantifiable Goals : The SubGrantee will utilize CDBG funds for the continued employmeut of one full time case manager and one family advocate at the House of Hope (3301 South Grant St?eet, Englewood). Both positions will be employed by Family Tree, which provides staffing and services at the facility . By maintaining the two positions , the SubGrantee will provide services for a minimum of IO homeless families per month for the duration of the grant period. The SubGrantee may not charge fees or accept donations for services provided under • this grant. 2. Community Impact : During the course of the projec :t, at least 75% of the families residing at the House of Hope will meet the housing, •.!lllployment, education, and other goals of their family plans . The SubGrantcc will maintain written records documenting the Project 's community impact fo1 a period of five yearn following completion of the Project. This information is to be made available (upon request) to Arapahoe County or the U.S. Dep2'1Inent of Housing and Urban Development for monitoring purposes . 3. Quarterly Performance Standards : June 30, 2003: September 30 , 2003 : December 31 , 2003 : Provide servic, ; to IO families Provide serv ices to 10 families each month Provide services to IO families each month 2 • • • March 31, 2004 : Provide services to IO families each month May 31 , 2004 : Provide serv ices to IO families each month Submit final drawdown and completion repon to County D. Reporting Requirements I . Project repons will be due within one month following the end of each calendar year quarter (Marc h 31, June 30, September 30 , Dec em ber 31) until the Project is completed. 2. The official annual audit and/or Financial Statements for the SubGrantee in which both revenues and ex penditures for the CDBG Projects described herein are detailed are due annually. E. Labor Standards (Davis-Bacon) It is determined that: Project activities do not require compliance with federal labor standards. F. Environmental Review Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by Arapahoe County of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58. The parties furth e,· agree that the provision of any funds to the proje ct is conditioned on Arapahoe County 's determination to proceed with , modify , or cancel the project based on the results of a subsequent environmental review. G. Uniform Relo cation Act (URA) Project activities do not require compliance with the Uniform Relocation Act. Ill. RESPONSrBILITIBS OF TH ' SUBGRANTEE A. Federal Compliance The SubGrantee sha ll comply with 111 applicable federal laws , regulations and requirement s, and all provisi ons of the grant agreements received from the U.S. Department of Housing and Urban Development (HUD) by the Co unty. These include but are not lin i° . 1 to compliance with the provisions of th e Housing and Community Development Act of 19 . md all rules , regulat io ns, guidelines and circulars promulgated by the various federal departments, agencies, administrations and commissions relating to the CDBG Program . A listing of some of the applicable laws and regulations are as follows : I. 24 CFR Part 570; 2. 24 CFR Parts 84 and 85; 3. 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 1974; 6. Fair housing regulations established in the Fair ·ousing Act, Public Law 90-284, and Executive Order 11063; 7. Section 504 of the Rehabilitation Act of 1973; 8. Asbestos guide' .nes established in CPD Notice 90-44; 9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39 ; I 0. Equal employment opportunity and minority business enterpri~e regulations established in 24 CFR part 570.904; 11. Section 3 of the Housing and Urban Development Act of 1968; 12 . Non-discrimination in employmen~ established by Executive Order 11246; 13 . Lead Based paint regulations established in 24 CFR Parts 35 and 570.608; 14. Audit requirements established in 0MB Circular A-133; and 15 . Cost principles established in 0MB Circulars A-87 and A-122 . Additionally, in accordance with 24 CFR Part 570, 110 employee, official, agent or consultant of the SubGrantee shall exercise any function or responsibility in which a conflict of interes~ real or apparent, would arise. The SubGrantee cannot engage in a fede1ally funded contract with any entity registered in the Lists of Parties Excluded From Federal Procurement or Ncnprocurement Programs. B. Noa-Appropriations Clause The SubGrantee agrees that it will include in every contract it enters , which relies upon CDBG monies for funding, a non-appropriation clause that will protect itself and the County from any liability or responsibility or any suit which might result from the discontinuance of CDBG funding fo r any reason. Because this SubGrantee Agreement involves fonds from a federal gran~ to the extent there is a conflict the funding provisions of this SubGrantee Agreemen~ the federal grant and the federal statutes control rather than the provisions of Section 24-91-103 .6, C.R.S. with regard to any public work projects . C. Expenditure Restrictions All CDBG funds that are approved by HUD for expenditure under the County's grant agreement, including those that are identified for the SubGrantee'< 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 expend ed only for the projects and activities for which the funds are identified . D. Agreement Changes 4 • • • • • No projects or activin es , nor the amount allocated therefor, may be changed without approval by the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if required. Changes must be requested in writing and may not begin until a modification to this Agreement is fully executed. E. Direct Project Supervision and Administration The SubGrantee shall be responsible for the direct supervision and administration of its respective projects or activities . This task shall be accomplished through the use of the SubGrantee's staff, agency and employees . The SubGrantee shall be ,:esponsible for any injury to persons or damage to property resulting from the negligent acts or erron; and omissions of its staff, agents and employees. Because the SubGrantee is responsible for the direct supervision and administration of its projects or activities, the County shall not be liable or responsible for cost overruns by the SubGrantee on any projects or activities . The County shall have no duty or obligation to provide any additional funding to the SubGrantee if its projects or activities cannot be completed with the funds allocated by the County to the SubGrantee . Any cost overruns shall be the sole resi.,onsibility of the SubGrantee. I. The SubGrantee agrees that all funds allocated to it for approved projects or activities shall be used solely for the pwposes approved by the County. Said funds shall not be used for any non-approved pwposes. 2. The SubGrantee agrees that the funds allocated for any .pproved projects or activities shall be sufficient to complete said projects or .ictivities without any additional CDBG funding . F. Indemnity To the extent allowed by law, the S1•hGrantee shall indemnify and hold harmless the Coun1;, and it!. 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, asser.ed or incurred as a result of any damage or alleged damage to per.lOn or property occasioned :.Oy the acts or omissions of SubGrantee, it:; officen;, employees, agents, contracton; or subcontracton;, arising O"' of or in any way connected with the Project or the performance of this contract. G. Bonding and Insur., ce 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 micimum amounts of insurance as follows : I. Compreht"' sive General Liability: In the amount of not less than S 1,000,000 combined single limit. Coverage to include : a. Premises Operations 5 b. c. d. e. f. g. h. i. Products/Completed Operations Broad Fonn Contractual Liability Independent Contractors Broad Fonn Property Damage Employees as Additional Insured Personal Injury Arapahoe County and the SubGrantee as Additi onal Named Insured Waiv er of Subrogation 2. Comprehensive Automobile Liability: In the amount of not less than $1,000,000 combined single limit for bodily injury and proper:,• damage. Coverage to include : a. Arapahoe County and the SubGrantee as additional Named Insured b. Waiver of Subrogation 3. Employers Liability and Workers Compensati on: Toe Contractor shall secure and maintain employer's liability and Worker's Compensation Insurance that will protect it agaiust any and all claims resulting from injuries to and death of workers engaged in work under any contract funded pursuant to this agreement. Coverage to include Waiver of Subrogation . 4. All referenced insurance policies and/or certificates of insurance shall be subject to the following stipulations : a. Underwriters shall have no rights of recovery subrogation against Anlpahoe County or the SubGrantee; it being the intent of the parties that the insurance policies so effected shall protect the parties and be primary coverage for any and all losses covered by the described insurance. b. Toe clause entitled "Other Insurance Provisions" contained in any policy including Arapahoe County as an additional named insured shall not apply to Arapahoe County or the SubGrantee . c. Toe insurance companies issuing the policy or policies shall have no recourse against Anlpahoe County or the SubGrantee fo r payment of any premiums due or for any assessments under any form of any policy. d. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole ri sk of the Contractor. 5. Certificate of Insurance : Toe Contractor shall not commenc e work under any contract funded pursuant to this Agreement until he has submitted to the SubGrantee, recei ved approval thereof, certificates of insuranc e showing that he has complied with the foregoing insurance requirements . The SubGrantee shall also submit a copy of the Contractor's certifi cates of insurance to the County. 6. Notwithstanding the provisions contained in this paragraph (H) set forth hereinabove , the County reserves the right to modify or waive said provisions for projects or activities for which these provisions would prove prohibitive . Toe • • • • SubGrantee w,derstands, however, that the decision to waive or modify those provisions is fully within the discretion of th e C~Wlty . In accordance with 24 CFR pans 84 and 85, the following bonding requir elT'enl; shall apply to all projects exceeding the simplified acquisition threshold : I. A bid guarantee from each bidder equi val !nt to 5% of the bid pri ce; 2. A performance bond on the part of the co ntractor for 100% of the contract price ; and 3. A payment bond on the part of the contrac tor for 100% of the contract pri.:e . H. Records The SubGrantee shall mainlain a complete set of books and records documenting its use of CDBG funds and its supervision and admirustrarion of the Project. l<.ecocls are to include documenlation verifying Project eligibility and national objective complianc~, as well as financial and other administrative aspects involved in performing the Project. Toe SubGrantce 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 . Toe SubGrantce further agrees to provide to the County upon request, a copy of any audit reports pertaining to the SubGrantee's financial operations during the term of this Agreement. All records pertaining to the Project are to be mainlained for a minirnwn of five years following close-out of the Project. I. Reporting Toe SubGrantee shall file all reports and other information necessary to comply with applicable Federal laws and regulations as required by the County and HUD . This shall include providing to the County the information necessary to complete annual Performance Reports in a timely fashion . J. Timeliness The SubGrantee shall comply with the quarterly performance standards established in Section II-C of this Agreement. Toe SubGrantee underslands that failure to comply with the eslablished slandards may lead to a cancellation of the Project and a loss of all unexpended funds . K. Reimbursement for Expenses The SubGrantee agrees that before ~,e Coun ty can distribute any CDBG funds to it, the SubGrantee must submit to the County's Housin g and Community Development Services Division documentation in the form required by that Division which properly and fully identifies the amount which,~ <11 bGrantee is requesting at that time. The County shall have ten (10) working days to review . aquest . Upon approval of the requzst, the County ,viii distribute the requested funds to the SubGrantee as soon as possible . L. Program Income 7 All program income directl y derived from the Arapahoe Cowity Commwtity Development Block Grant Program received by th e. SabGrantee will be retained by the SubGrantee and will be • dispersed for its approved Cr.BG Project acti vi ties before additional CDBG funds are requested from the Cowity. Following completion of the SubGrantee's Arapahoe Cowity CDBG Projects , all program income directly generated from the use of CDBG funds will be remitted to the Cowity. M. Real Property Real property acquired in whole or ln part with CDBG funds shall be utilized in accordance with the scope and goals identified in Sections I and Il of this Agreement. Should the property in question be sold or otherwise disposed of, or the approved property usage discontinued, the SubGrantee shall adhere to the requirements of24 CFR Parts 84 or 85 (as appii r,able) regarding the use and disposition of real property. N. State and Couniy Law CompUance All responsibilities of the SubGrantee enumerated herein sball be subject to applicable State statutes and Cowity ordinances, resolutions, rules, and regulations . O. Subcontracts If subcontracts are used on the Project, the SubGrantee agrees that the provisions of Lltis Agreement shall apply to any subcontract. P. Suspension or Termination This Agreement may be suspended or terminated by the Cowity if the SubGrantee materially fails to comply with any term of this Agreement. This Agreement may also be terminated for convenience by mutual agreement of the County and the SubGrantee . Q, In the event that the Unit of General Local Government should withdraw from the Cowity's "Urban Cowity" designation, this Agreement shall terminate as of the termination date of the Cowity's CDBG grant Agreement with HUD . R. The SubGrantee certifies that to the best of its knowledge and belief: 1. No Federal appropriated funds have been paid or ,viii be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant , the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and , • • • • 2 . If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congre3s, an officer or employee of Congress, or an employee of, Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions . S. Disallowance If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGrantcc's Project or activity was improper, inappropriate or ineligible for reimbursement, then the SubGrantcc shall reimburse the County to the full extent of the disallowan ce. IV. RESPONSIBILITIES OF THE COUNTY A. Administrative Control The Parties recognize and understand that the County will be the governmental entity required to execute all grant agreements received from HUD pursuant to the County's requests for CDBG funds. Accordingly, the SubGrantee agrees that as to its projects or activities performed or conducted under any CDBG agreement, the County shall have the 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 applicable Federal laws and regulations . C. Reporting to HUD The County will be responsible for seeing that all necessary reports and information required of the County are filed with HUD and other applicable Federal agencies in a timely fashion. V. EXTENT OF THE AGREEMENT This agreement, including any documents attached as exhibits which are hereby incorporat.:d 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 this agreement must be in writing and signed by both the County and SubGrantcc. If any portion of this agreement is found by a court of competent jurisdiction to be void and/or 9 unenforceable, it is the intent of the parties that the remaining portions of this agreement shall be of fuJJ force and effect. 10 • • • In Witness Wbmof, the Parties have caused this Agreement to be duly executed this _____ day • of ___________ ~2003. • • SubGrantee: City ofEnglewood Signature Title Board of County Commissioners Arapahoe County, Colorado Justin A. Hamel on behalf of the Board of County Commissioners Pursuant to Resolution #030121 11 • PROJECT Blf, IGET COLUMN A COLUMNB COLUMNC COLUMND ProJtctActhida Esthmttd Total Coll or CDBG Fuadl OCbtr Funds Committed (apedl'y by Uae ltan) A<tl~ly Swling ,_... $283,014 Sl-0,000 $233,0 14 TOTAL: S283 ,014 $50,000 S233 ,0 14 • • • SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: HOMEOWNER FIX-UP PROJECT NUMBER: ENRB 308 This Agreement is made by and between the Board of County Comrrussiont>rs of the County of Arapahoe, State of Colorado, for the Community Development Block Grant Program in the Community Services Department (hereinafter referred to as the County) and the City ofEnglewood (hereinafter referred to as the SubGrantee) for the conduct of a Community Development Block Grant (CD6G) Project. I. PURPOSE The primary objective of Title I of the Housing and Community Development Act of 1974, as amen ded, and of the Community Development Block Grant (CDBG) Program under this Title is the developme nt of viable urban communities, by providing decent housing, a suitable living environment and expanding economic opportunities, principally for low and moderate income persons . The project by the SubGrantee known as the Homeowner Fix-up Project (Project) has been categorized as a Housing Rehabilitation project and the SubGrantee will maintain documentation 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 following provision.; outline the scope of the work to be completed : Th e SubGrantee will utilize CDBG funding to provide grants to income eligible homeowner. for exterior home improvements . The intent of the project is both to improve the Englewood's existing housing stock, as well as improve the visual appearance of deteriorated neighborhoods. Typical improvements may include (but are not necessarily limited to) paint, siding, windows, roofs , and xeriscaping. A. Payment It is expressly agreed and understood that the total amount to be paid by the County under this contract shall not exceed 545,000.00 . Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in the Project Budget and in accordance with performance criteria established in Section 11-C. The parties expressly recognize that the SubGrantce is to be paid with CDBG funds received from the federal government, and that the obligation of the County to make payment to SubGrantce is contingent upon receipt of such funds . In the event that said funds, or any part thereof, arc, or become, unavailable, then the County may immediately terminate or amend this agreement. To the extent C.R.S . § 29-1-110 is applicable, any • financial obligation of the County to the SubGrante c beyond the current fiscal year is also contingent upon adequate funds being appropriated, budgeted and otheiwise available . B. Tlmellne All Project activities will be completed by May 31, 2004 unless this Agreement is modified by mutual agreement of the County and SubGrantcc. C. Performance Criteria In accordance with the funding application submitted by the SubGrantcc for the Project, the criteria listed below arc to be met during the execution of the Project. I. Quantifiable Goals : The SubGrantee will provide grants to renovate the exterior of nine owner occupied homes. Grants are not to exceed $4,000 each , and will require a 20% match from each homeowner. All improvements completed under this grant arc to be performed in compliance with applicable local or industry codes and standards . 2. Community Impact: By completing the project, the SubGrantcc will reduce the number of deteriorated homes in the City of Englewood by 0.0001 %. The SubGrantee will maintain written records documenting the Project's community impact for a period of five years following completion of tl!c Project. This information is to be made available (~pon request) to Arapahoe County or the U.S. Department of Housing and Urban Dcvelo;-ment for monitoring purposes . 3. Quarterly Performance Standards : June 30, 2003 : September 30, 2003 : December 31 , 2003 : No requirements established Hire intern to perform project I rogram marketing I rovide one renovation grant Provide two renovation grants 2 • • • March 31, 2004: May 31 , 2004: D. Reporting Requirements Provide three reno va tion grants Provide three renovation grants Comp lete all renovations funded by project Submit final drawdown and completion report lo County I. Proj ec t reports will be due within one month following the end of each calendar year quarter (March 31, June 30, September 30, December 31) until the Project is completed. 2. The official annual audit and/or Finan cial Statements for the SubGrantee in which both revenues and expend itures for the CDBG Projects described herein are detailed are due annually. E. Labor Standards (Davis-Bacon) [t is determined that: Project activities do not require compliance with federal labor standards . F. Environmental Review Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledg,, that this Agreement does not constitute a commitment of funds or site approval , and that s~~h commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by Arapahoe County ofa release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58 . The parties further agree that the provision of any funds to the project is conditioned on Arapahoe County 's determination to proceed with, modify, or cancel the project based on the results ofa subsequent environmental review . G. Uniform Re lo~ati on Act (URA) Project activities do not require compliance with the Uniform Relocation Act. H. Lead Based Paint The SubGrantee will comply with County policies and all state and federal rcgulatic,ns and gu idelines related to minimizing lead hazards in residential properties, including 24 CFR Part 35 and Colorado Regu lation Number 19 . Ill. RESPONSIBILITIES OF THE SUBGRANTEE A. Federal Compliance The SubGran1ee shall compl y with al l applic able 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 Coun1y. These include but are nol limited 10 compliance with the • provisions of the Housing and Comm:mily De velopment Acl of 1974 and all rules, regulations, guidelines and circ ulars promulgated by the various federal departments, agenr,es , administrations and commissions relating 10 the CDBG Program . A listing of some of the applicable laws and regulations are as follows : l. 24 CFR Part 570 ; 2. 24 CFR Parts 84 and 85 ; 3. Title VI of the Civil Rights Act of 1964; 4. Title VIII of the Civil Rights Act of 1968; 5. Sections I 04(b) and l 09 of the Housing and Communily Development Act of 197 4; 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 Acl (Public Law 94-163) and 24 CFR Part 39 ; 10. Eq•·1l employment opportunity and minority business enterpris,, regulations established in 24 CFR part 570.904 ; 11. Section 3 oftl..e 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 P211S 35 and 570.608; 14. Audit requirements established in 0MB Circular A-133; and 15 . Cost principles established in 0MB Circulars A-87 and A-122. Additionally, in accordance with 24 CFR Part 570, no emp loyee, official, agent or consultant of the SubGrantee shall exercise any function or responsibility in which a conflict of interest, real or apparent, would arise. The SubGrantee cannot engage in a federally funded contract with any entity registered in the Lists of Parties Excluded From Federal Procurement or Nonprocurernent Programs . B. Non-Appropriations Clause The SubGranlee agrees that ii will include in every contract it enters , which relies upon CDBG monies for funding, a non-appropriation clause that will protect itself and the Counly from any liabilii.y or responsibility or any suit which might result from the discontinuance of CDBG funding for ?JlY reason . Because this SubGrantee Agreement involves funds from a federal grant, to the extent there is a conflict the funding provisions of this SubGrantee Agreement, the federal grant and the federal slatules control rather than the provisions of Section 24-91 -103 .6, C.R.S. with regard to any pu blic work r,,ujer.:ts. C. Ex11end!ture Restrictions 4 • • • • All CDBG funds that are approved by HUD for expenditure wider the Co wity's grant agreement, including those that are identified for th e SubGrantee's Projects and activities, shall be allocaled to the specific projects and activities des cribed and listed in the grant agreements. The allocated fon ds shall be used and expended only for th~ proj ec ts and activities for which the funds are identified. D. Agreement Changes No projects or activities, nor the arnowit allocated therefor, may be changed without approval by the Collllty and acceptance of the revised Final Statemen t and/or Consolidated Plan by HUD, if required. Changes must be requested in writing and may not begin until a modification to this Agreement is fully exec uted. E. Direct Project Supervision and Administration The SubGrantee shall be responsible for the direct supervision and administration of its respective projects or activities . This task shall be accomplished through the use of the SubGrantee's staff, agency and employees . The SubGrantee shall be reSJ)('nsible for any injwy to persons or damage to property resulting from the negligent acts or errors and omissions of its staff, agents :.nd employees . Because the SubGrautee is responsible for the direct supervision and administration of its projects or activities, the County shall not be liable or respQnsible fo r r-0st overruns by the SubGrantee on any projects or activiries . The County shall have no duty or obligation to provide any additional funding to the SubGrantee if it:. projects or activities cannot be completed with the funds allocated by the County to the SubGrantee. Any cost overruns shall be the sole respQnsibility of the SubGrantee . I. The SubGrantee agrees tlu.t all funds allocated to it for approved projects or activities shall be used solely for the pwposes 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 ac:ivities without any additional CDBG funding. F. Indemnity To the extent allowed by law, the SubGrantee shall indemnify and hold hai:nless the Cowity and its elected and appointed officials, officers , employees and ~gents from and against any and all losses , damages, liabiliti es, claims, suits , actions or costs , including attorneys fe.es , made, asserted or incurred as a result of any damage or alleged damage to person. or prope~.y occasioned by the acts or omi ssions of SubGrantee, its officers , employees, agents , contracto ;s or subcontra~tors , arising 0ut of or in any way connec ted with the Project or the performance oftl,is contract. G. Bonding and Insurance 5 If the SubGrantee's projects involve construction activities, any Contractor it uses for said activities shall be required to provide and maintain, until final acceptance by the SubGrantee of all work by such Contractor, the kinds and minimum amounts of insurance as follows: • I . Cc.,nprehcnsive General Liability: In the amount of not less than $1,000,000 combined single limi t. Coverage to include : a. Premises Operations b. Products/Completed Operations c. Broad Fonn Contractual Liability d. Independent Contractors e. Broad Fonn Property Damage f. Employees as Additional Insured g. Persorul lnjwy h. Arapahoe County and the SubGrantee as Additional Named Insured i. Waive: of Subrogation 2. Comprehensive Automobile Liability: In the amount of not less than $1,000,000 combined single limit for bodily injwy and property damage . Coverage to include: a. Arapahoe County and the SubGrantec as additional Na.-ned Insured b. Waiver of Subrogation 3. Employers Liability and Workers Compensation : The Contractor shall secure and maintain employer's liability and Worker's Compensation Insurance that will protect it against any and all claims resulting from injuries to and death of workers engaged • in work under any conlnlct fimded 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: 5. a. Underwriters shall have no rights of recovery subrogation against AlBpahoe 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 insuran ce. b. The clause entitled "Other Insurance Provisions" contained in any policy including Arapahoe County as an additional named insured shall not apply to AzBpahoe County or the SubGrantee. c. The insunnce companies issuing the policy or policies shall have no recourse against AzBpahoe 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. Certificate of fosurance : The Contractor shall not commence work under any conlnlct funded pursuant to this Agreement until he has submitted to •.be SubGrantee, received approval thereof, certificates of insurance showing that he ;1as 6 • • • • 6 . complied with the foregoing insurance requirements. The SubGrant ee shall also submit a co py of the Contractofs cenificates of insuranc e to th e Co un ty . Notwiths tanding the provisions contained in this paragraph (H) set forth hereinabo ve , the County reserv es the right to modify or waive said provisions for projects or ac ti vi ties for which these provisions would prove prohibit ive. The SubGrantee understands , howeve r, th at the decision to waive or modify those provisions is fully within the discretion of the Co unty. In ac cordance with 24 CFR parts 84 and 85, the following bonding requirements shall apply to all proj ects exceeding the simplified acquisition threshold: l. A bid guarantee fr om each bid,ier equivalent to 5% of the bid price ; 2. A performance bond on the pan of the contractor for 100% of the contrac t price ; and 3. A payment bond on the pan of the contractor for 100% of the contract price . H. Records The SubGrantee shall maintain a complete set of books and records documenting its use ofCUBG 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 , und the General Accounting Office so that compliance with Federal laws and regulations may be confirmed . The SubGrantee further agrees to provide to the County upon request, a copy of any audit repons penaining to the SubGrantee's financial operations durin g the term of this Agreement. All records penaining to the Project are to be maintained for a minimum of five years following close-out of the Project. I. Reporting The SubGrantee shall file all reports and other information necessary to comply with applicable Federal law s and regulations as required by the Co unty and HUD . This shall include providing to the County the information necessary to complete annual Performance Repons in a timely fashion. J. Timeliness The SubG ran tee shall compl y with th e quanerl y perform ance standards establ ished in Section Il-C of this Agreem ent. The SubGrantee understands that fai lure to comply with th e established standards may lead to a cancellation of the Project and a loss of all un ex pended fun ris. K. Reimbursement for Expenses The SubGrantee agrees that before the County can distribute any CDBG funds to it, th e SubGrante e must subm it to the County's Housi ng and Community Deve lopment Servic es Di vision 7 docwnentati1Jn in the form required by that Di vision which p:o perly and fully identifies the amount which the SubGrantee is requesting at that tim e. The Co urll y shall have ten (10) working days to review the request. Upon approval of the request, the Co unt, will distribute the requested funds to • the SubGrante e as soon as possible . L. Program Income All program income directly derived from the Arapahoe County Community Development Block Grant Program received by the SubGrantec will be retained by the SubGrantcc 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 r•nerated from the use of CDBG funds will be remitted to the County. M. Real Property Real property acquired in whole or in part with CDBG funds sball be utilized in accordance with the scope and goals identified in Sections I and II of this Agreem ent. Should the property in question be sold or otherwise disposed of; or the approved property usage discontinued, the SubGrantce sball 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 SubGrantec enumerated herein shall be subject to applic able State • statutes and County ordinances, resolutions, rules, and regulations . O. Subcontracts If subcontracts are used on the Project, the SubGrantec agrees that the provisions of this Agreement shall apply to any subcontract. P. Suspension or Termination This Agreement may be suspended or terminated by the County if the SubGrdlltee materially 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 tne SubGrantec . Q. In the event that the Unit of General Local Government should withdraw from th e County's "Urban County'' designation, this Agreement shall terminate as of the termination date of the County's CDBG grant Agreement with HUD . R. The SubGrantee certifie s 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 8 • • • • 2. any agency, a Member of Congress , an officer or emplo yee of Congress , or an employee of a Member of Congress in connection with the awarding of any Fed rat contract, the making of any Federal grant , the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, ren ewal , amendment , or modification of any Federa l contract, grant, loan, or cooperati ve agreement ; and, If any funds other than Federal appropri ated funds have been paid or wilt be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Memb er of Congress, an officer or employee of Congress , or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperati ve agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions . S. Dlsallowance If it is determined by ffiJD or other federal agency that the expenditure, in whole or in part, for the SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then the SubGrantee shall reimburse the County to the full extent of the disallowance . IV . RESPONSIBILITIES OF THE COUNTY A. Administrative Control The Parties recognize and understand that the County will be the governmental entity required to execute all grant agreements received from ffiJD pursuant to the County's requests for CDBG funds . Accordingly, the SubGrantee agrees that as to its projects or activities performed or conducted under any CDBG agreement , the County shall have the necessary administrative control required to meet ffiJD requirements . B. Performance and Compliance Monitoring The County's administrati ve obl iga tions to th e SubGran tee pursuant to paragraph A above shall be limited to the performance of the admi ni strative tasks necessary to make CDBG funds available to the SubGrantee and to provide a Monitoring Speci alist whos e job it will be to monitor the various projects funded wi th CDBG monies to monitor compliance with applicable Federal laws and regulation s. C. Reporting to HUD The Coun ty will be resp onsibl e for seeing that all nec essary reports and inform ation required of the Coun ty are filed with ffiJD and other applicable Feder.ii agencies in a timel y fashion . V. EXTENT OF THE AGREEMENT 9 This agreement, including any docwnents attached as exhibits which arc hereby incorporated herein by reference, represents the entire and integrated agreement between the County l!'ld SubGrantee and supercedes all prior negotiations, representations or agreements, either written or oral . Any • amendments to this agreement must be in writing and signed by both the County and SubGrantee . If any portion of this agreement is found by a court of competent jurisdiction to be void and/or unenforceable, it is the intent of the parties that the remaining portions of this agreement shall be of full force and effect In Witness Whereof; the Parties have caused this Agreement to be duly executed this _____ day • of ___________ __,2003. • • SubGrantee : City ofEnglewood Signature Title Board of County Commissi oners Arapahoe County, Colorado Justin A. Hamel on behalf of the Boan! of County Commissioners Pursuant to Resolution #030121 ll • PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND Project Adhtda E.Rlmated Total COIi or CDBG Fuodo Otbtt Funds Commltttd (spedly by IIH llem) ACIMty Intern salatycxpcnse1 56 ,000 56,000 so Project administn.tive cxpr,:fiSCS 56 ,000 SJ,000 SJ ,000 Gnnte,q,aucs S4S,OOO SJ6,000 S9,000 • TOTAL: m ,ooo S4S,OOO $12 ,000 • • SUBGRANTEEAGREEMENTFOR ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: RENTAL FIX-UP PROJECT NUMBER: ENRB 309 This Agreement is made by and between the Board of County Commissioners of the Coun ty of Arapahoe, State of Colorado, for the Community Development Block Grant Program in the Community Services Department (hereinafter referred to as the County) and the City ofEnglewood (hereinafter referred to as the SubGrantee) for the conduct ofa Community Development Block Grant (CDBG) Project. I. PURPOSE The primary objective of Title I of the Housing and Community Development Act of 1974, as amended, and of the Community Development Block Grant (CDBG) Program under this Title is the development of viable urban communities , by providing decent housing, a suitable living environment and expanding economic opportunities, principally for low and moderate income persons . The project by the SubGrantee known as the Rental Fix-up Project (Project) has been categorized as a Housing Rehabilitation project and the SubGrantee will maintain documentation 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. ll. WORK TO BE COMPLETED BY THE SUBGRANTEE The following provisions outline the scope of the work to be completed: The SubGrantee will utilize CDBG funding to provide grants for exterior improvements to renter occupied housing within th e City of Englewood . The intent of the project is both to improve the Englewood's existing housing stock, as well as improve the visual appearance of deteriorated neighborhoods. Typical improvements may include (but are not necessarily limited to) paint, siding, windows , roofs, and xeriscaping . A. Payment It is expressly agreed and understood that the total amount to be paid by the County under this contract shall not exceed $30,000.00 . Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in the Project Budget and in accordance with performance criteria established in Section II-C . The parties expressly recognize that the 1 0 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 funds, or any pan thereof, are, or become, unavailable , then the County may • immediately terminate or amend thi s agreement. To the ex tent C.R.S. § 29-1-110 is applicable, any financial obligation of the County to the SubGrantee beyo nd the current fiscal year is also contingent upon adequate funds being appropriated, budgeted and otheiwise available. B. Timeline All Project activities will be completed by May 31, 2004 unless this Agreement is modified by mutual agreement of the County and SubGrantee. C. Performance Criteria In accordance with the funding application submined by the SubGrantee for the Project , the criteria listed below are to be met during the execution of the Project. I. Quantifiable Goals: The SubGrantee will provide grants to reno vate the exterior of six renter occupied homes . Grants are not to exceed $4,000 each and will require a 20% match from each property owner. All units renovated under this Project are to be occupied by income eligible renters at • the time of application to the Fix-up program, as well as at throughout the duration of the renovations. Additionally, in accordance with 24 CFR Part 570.208(a)(3), rents charged at units assisted by this Project are to remain affordable from the time of application to the Fix-up program throughout the duration of the renovations. In order to be considered affordable, rents shall not exceed the greater of the following : • Local Fair Market Rent (FMR) adjusted for tenant paid utilities according to the current utility al lo wance schedule utilized for publicl y assisted housing projects within the City of Englewood, or • 30% of the income eligible renter household 's gross montltly income adjusted for tenant paid utilities according to the current utility allowance schedule utilized for publicly assisted housing projects within th e City of Englewood. All improvements completed under this grant are to be perfom1ed in co mplian ce with applicable local or industry codes and standards. 2. Community Impact: By comp leting the project, the SubGrantee will reduce th e number of deteriorated homes in the City of Er :;lewoo d by 0.0001 %. 2 • • • • D. The SubGrantcc will maintain written records documenting the Proj ec t's community impact for a period of five years following completion of the Project. This information is to be made avail able (upon request) to Arapahoe County or the U.S. Department of Hous ing and Urban Development for monitoring purposes. 3. Quarterly Performance Standards : June 30, 2003 : September 30, 2003 : December 31 , 2003 : March 31, 2004 : May 31 , 2004 : Reporting Requirements No requirements established Hire intern to perform project Program marketing Provide one reno vation gJ ant Provide one renov ation gt dill Provide two renovation grants Provide two renovation grants Complete all renovations funded by proj ect Submit final drawdown and completion report to County I. Project reports will be due within one month following the end of each calendar year quarter (March 31, June 30 , September 30, December 31) until the Project is completed . 2. The official annual audit and/or Financial Statements for the SubGrantcc in which both revenues and expenditures for the CDBG Projects described herein are detailed are due annually. E. Labor Standards (Davis-Bacon) It is determined that: Project activities do not require compliance with federal labor standards . F. Envlron n ental Review Notwithstanding any provision of this 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 or approval may occur only upon satisfactory completion of environmental review and receipt by Arapahoe County of a release of funds from the U.S. Department of Housing and Urban Development u..der 24 CFR Part 58 . The parties further agree that the provision of any funds to the project is conditioned on Arapahoe County's determination to proceed with, modify, or cancel the project based on the results of a subsequent environmental review . 3 G. Uniform Relocation Act (URA) Project activities do not require compliance with the Unifonn Relocation Act. H. Lead Based Paint Tne SubGrantee will comply with County policies and all state and federal regulations and gui, lelin.3 related to minimizing lead hazards in residential propertier , including 24 CFR Part 35 and Colorado Regulation Number 19. m. REsnoNSWILITIES OF THE SUBGRANfEE A. Fedenl 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 provisions of the Housing and Community Development Act of 1974 and all rules, regulations, guidelines and circ ij 1ar:-;n,>•,:.i:gated by the various federal departments, agencies, administrations and com.missions ,-;,!,~ng ,,., th-l CDBG Program . A listing of some of the applicable laws and regulations are as fo 1'11ws: I. 24 CFR Part 570; 2. 24 CFRParts 84 and 85 ; • 3. Tit!: VI of the Civil Rights Act ofl964; 4. Title VIlI :if the Civil Rights Act of 1968; 5. Sectioru-I 04(b) and I 09 of the Housing and Community DevelopmCilt Act of 1974; 6. Fair hrusing regulations established in the I-air Housing Act, Public Law 90-284 , and Executive Order l 1063; 7. Section 50401 the Rehabilitation Act of 1973 ; 8. As os guidelines established in CPD Notice 90-44 ; 9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39 ; I 0. Equal employment opportunity and minority business enterprise regulations established in 24 CFR part 570.904; I I. 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 est blished in 24 CFR Parts 35 and 570 .608 ; 14. Audit requirements established in 0MB Circular A-133 ; and 15 . Cost principles established in 0MB Circulars A-87 and A-122 . Additionally, in accordance with 24 CFR .t'art 570 , no employee, official, agent or consultant of the SubGrantee shall exercise any function or responsibility in which a conflict of interest, real or apparent, would arise. The SubGrantee cannot engage in a federally funded contract with any entity 4 • • • • registered in the Li sts of Parties Excluded From Federal Procurement or Nonprocurement Programs . B. Non-Appropriations Cla us e The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG morties for funding, a non-appropriation clause that will protect itself and the County from any liability or responsibilil:'. or any suit which might result from the discontinuance of C'OBG fonding for any reason . Becat ••·: this SubGrantee Agreement involves funds from a federal grant, to the extent there is a confli ,t t;J~ funding provisions of this SubGrantee Agreement, the federal grant and the federal statutes c,,11tro l rather :han the provisions of Section 24-91-103.6 , C.R.S. with regard to any public work proj er.ts . C. Expenditure Ii• ,1richons All CDBG funds that are approved by HUD for expenditure under the County's grant agreement, inc luding those that arc identified for the SubGrantee's Projects and acti'vities, shall be allocated to the specific projects and activities described ood listed in the grant agreements . The allocated funds shall be used and expended only for the projects and activities for which the funds are identified . D. Agreement Changes No projects or activities, nor the amount allocated therefor, may be changed without approval by the County and acceptance of the r,,vised Final Statement and/or Consolidated Plan by HUD , if required . CbllI!ges must be requeste i in writing and may not begin until a modification to this Agreement is full f executed. E. Direct Project Supervision and Admi.'listration The SubGrantee shall be responsible for the direct supervision and administration of its respective projects or activities . This task shall be accomplished through the use of the SubGrantec's staff, agen , 1 employees . The SubGrantee shall be responsible for any injury to persons or damage to prope, ,ulting from the negligent acts or errors and omissions of its staff, agents and employee .. Because the SubCrantec is responsib le for the direct supervision and administratio·, 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 pro vide any additional funding to the SubGrantec if its projects or activities cannot be completed wi !h the funds allocated by the County to tl .~ SubGrantee . Any cost overruns shall be the sole r,~sponsib ility of the SubGrantee. I. The SubGrantee agrees that all funds allocated to it for approved projects or activities shall be used solely for the purposes approved by the County. Said funds shall not be used for ar.y non-appr;ived purposes . 5 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 SubGrantec shall indemnify and hold hannlcss the 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 property occasioned by the acts or omissions of SubGrantec, its officers, employees, agents, contractors or subcontractors, arising out of or in any way connected with the Project or the performance of this contract. G. Bonding and Insurance If the SubGrantec's projects involve construction activities, any Contractor it USl:S for sai activities sball be required to provide and maintain, until final acceptance by the SubGrantec of all work by such Contractor, the kinds and minimum amounts of insurance as follows : I. Comprehensive General Liability: In the amount ofnot less than $1 ,000,000 combined single limit. Coverage to include : a. Premises Operations b. Products/Completed Operations • c. Broad Form Contractual Liability d. Independent Contractors • c. Broad Form Property Damage f. Employees as Additional Insured g. Personal Injury h. Arapahoe County and the SubGrantec as Additional Named Insured i. Waiver of Subrogation 2. Comprehensive Automobile Liability: In the amount of not less than $1,000,000 combined single limit for bodily injury and property damage. Coverage to include: a. Arapahoe County and the SubGrantec as additional Named Insured b. Waiver of Subrogation 3. Employers Liability and Workers Compensation : The Contractor shall secure and maintain employer's liability and Worker's Compensation Insurance that will protect it against any and all claims resulting from injuries to and death of workers engaged in work under any contract funded pursuant to this agreement. Coverage to inclurie Waiv~r of Subrogation . 4. All referenced insurance policies and/or certificates of insurance shall be subj•JCt to the following stipulations : C • • • a. b. C. d. Und erwriters shall have no rights of reco very subrogation agains t Arapahoe County or the SubGrantec; it being the intent of the parties that th e insurance policies so effected shall protect the parties and be primary coverage for any and all losses covered by the des cribed insurance . The clause entitled "Other Insurance Provisions " contained in any policy including Arapahoe County as an additional nam ed insured shall not app ly to Arapahoe Cow1ty or the SubGrantee . The insurance companies issuing the policy or polici es 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. Any and all deductibles co ntained in any insurance policy shall be ass umed by and at the sole risk of the Contractor. 5. Certificate of Insurance: The Contractor shall not commence work under any contract funded pursuant to this Agreement until he has submitted to the SubGrantee , received approval thereof, certificates of insurance showing that he has complied with the fore going insurance requirements . The SubGrantee shall also submit a copy of the Contractor's certificates of insurance to the County. 6. Notwithstanding the provisions contained in this paragraph (H) set forth hereinabove, the County reserves th e right to modify or waive said provisions for projects or activities for which these provisions would prove prohibitive . The SubGrantee understands, however, that the deci ,.ion to waive or modify those provisions is fully within the discretion of the Coun ty . In accordance with 24 CFR parts 84 and 85, the following bonding requirements shall apply to all projects exceeding the simplified acquisition threshold : I. A bid guarantee from each bidder equivalent to 5% of the bid price; 2. A performance bond on the part of the contractor for 100% of the contract price; and 3. A payment bond on the part of the contractor for 100% of the contract price. H. Records The SubGrantee shall maintain a complete set of books and records do cumenting its use of CDBG funds and its supervision and administration of the Project. Records are to inc lude documentation verifying Project eligibility and national objective compliance, as well as financial and other administrati ve aspects involved in performing the Project. The SubG rantee shall provi de full ac cess 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 co mplianc e with Federal laws and regulations may be confirmed . The SubGrantee furth er agrees to pro vide to the Coun ty upon request, a copy of any audit reports pertaining to the SubGrantee's financial operations durin g the term of this Agreement. Al l records pertainin g to the Project are to be maintained fo r a minimum of five years following close-out of the Project. 7 I. Reporting The SubGrantee shal l file all reports and other information necessary to comp ly with applicab le Fed eral laws and regulations as requir ed by the County and HUD . This shall include providing to th e County the information nec esiary to complet e annJal Perfo rmance Repons in a tim ely fashion. J. Timeliness The SubGrant ee shall comply with the quanerly performance standards established in Section Il-C of this Agreement. The SubGrantee understands that failure to comply with the es tab li shed standards may lead to a cancellation of the Project and a loss of all unexpended funds . K. Reimbursement for Expenses The Su bGrantee agrees that before the County can distribute any CDBG funds to it, the SubGrantee mu!>t submi t to the County's Housing and Community Development Services Division do ,urnentation in the form 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 re · ew the request. Upon approval of the request, the County will distribute the requested funds to th ~ SubGrantee as soon as possible . L. Program Income • All program income directly derived from the Arapahoe County Community Development Bbcl-- Grant Program received by the SubGrantee will be retained by the SubGrantee and will be I 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 remined to the County. M. Real Property Real propeny acquired in whole or in pan with CDBG funds shall be utili zed in accordance with the scope and goals identified in Sections I and Il of this Agreem ent. Should the propeny in question be sold or otherwise disposed of, or the approved propeny usage discontinued , the SubGrantee shall adhere to the requirements of24 CFR Pans 84 or 85 (as applicable) regarding the use and disposition of real pro peny. N. State and County Law Compliance All responsibilities of the SubGrantee enum erated herei n sha ll be subjec t to applicable State statutes and Co unty ordinances , resolutions, rul es, and regulations. O. Subcontracts 8 • If su hcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreement shal l 1pply to MY subcontract. P. Suspension or Termination This Agreement may be suspended or tenninated by the County if the SubGrantee materially fails to comply with any term of thi s Agreement. This Agreement may also be terminated for convenience by mutual agreement of the County and the SubGrantee . Q. In the event that the Unit of General Local Government should withdraw from the County's "Uman County'' designation, this Agreement shall terminate as of the tennination date of the County's CDBG grant Agreement with HUD . R. The SubGrantee certifies that to the best of its knowledge and belief: I. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative 1greement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement ; and, 2. If any funds other !nan Federal app11,priated funds have been paid or will be paid to any person for influencing or attem•?ting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-UL, "Disclosure Form to Report Lobbying,'' in accordance with its instructions . S. Disallowance If it is detennined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGrantec's Project or activity was improper, inappropriate or ineligible for rr.imbursement, then the SubGrantee shall reimburse the County to the full extent of the disallowancc . RESPONSIBILITIES OF THE COUNTY A. Administrative Control The Parties recognize and understand that the Coun ty will be the governmental entity required to execut e all grant agreements received from HUD pursuant to the County's requests for CDBG funds . Accordingly, the SubGrantec agrees that as to its projects or activities performed or 9 conducted under any CDBG agreement, the County shall have the necessary administrative control required to meet HUD requirements. B. Performance and Compliance Monitoring The County's administrative obligations to the SubGrantee pursuant to paragraph A above shall be limited to the 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 applicable Federal laws and regulations. C. Rc1,1,rtl og to HUD The County will be responsible foi seeing that all necessary r;iports and information required of the Co u !tJ' are filed with HUD and other applicable Federal agencies in a timely fashion . V. EXTENT OF THE AGREEMENT T. ·, agreement, including any docwnents 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 this agreement must be in writing and signed by both the County and SubGrantee. If any portion of this agreement is found by a court of competent jurisdiction to be void and/or • unenforceable, it is the intent of the parties that the remaining portions of this agreement shall be of • full force and effect. • lO In Witness Whereof, the Parties have caused this Agreement to be duly executed this _____ day • of ___________ ~ 2003 . • • SubGrantee: City ofEnglewood Signature Title Board ofCowity Commissioners fl.rapahoe Cowity, Co orado Justin A. Hamel on bchalfofthe Board ofCowity Commissioners Pursuant to Resolution #030121 11 • PROJECT BUDGET .....--~· COLUMJII A COLUMNB COLUMNC COLUMND f--.••--· i'"1 1b :,u•rt"1da E&dmatl!ld 'ro~ICottor CDBGFHdl UJ.-~ "'••ds Conunltted t'ior!4Y P.,1,W;ltem) 1---·--·-- Acdvlty lntem "-lil)'npcl'ISCS $4 ,000 $4,000 so Project ldministntiw: cxpensa $4 ,000 $2 ,000 $2,000 Gnni -Sl0,000 $24 ,000 $6,000 • TOTAL: $38,000 Sl0,000 $8,000 \ • COUNCIL COMMUNICATION Da le April 7, 2003 Agenda Item 10ai Subject : Int ergove rnm ental Agreement between the City and Arapahoe Countv INITIATED BY : C'Jmmunitv Develooment Deot. I STAFF SOURCE : Janet Grimmett Housin• Finance Soecialist C UN CIL GOAL AND PREVIOUS COUNCIL ACTION Coun ci l passed Ordinance No. 39, Series of 1994, that was ex tended by Amendment No. 2 dated Jun e 16, 2000 relating to participation in th e Urban County Entitlement Program for CDBG and HO .',IE fu nds for 200 1 through 2003; and, passage of Res oluti on No. 101, Series of 2002 sup~,orting Housin g and Com munity Deve lopm ent that authorized submitting applications for 2003 CDijC, funding. RECOMMENDED ACTION ,',pprove a Bill for an Ordinance authorizing the ex ecutio n of four Intergove rnmental Subgrantee Agreements for the 2003 Arapahoe County Community Developm ent Bl ock Grant Program between the Ara pah oe Board of County Commissi oners and the City of Englewo od. • BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED • The Fed eral Community Deve lopment Block Grant (CDBG) Program provides grants to units of loca l govern ment and urban counties to meet hous ing and comm unity deve lopment needs. The objecti ve of th e Prog ra m is achieved through projects de veloped by the lo ca l government that are designed to give priority to those ac tiviti es that benefit low• and moderate-in come families . Funds are all ocated by statutory formula to each entit lement area. Arapahoe County is an approved en titl ement area. The grant fund s are distribut ed by Arapahoe County to each participating city with in the co unty . For FY 2003, funds are a pprove d to support the following projects: 1. $25,000 2. $50,000 3. $45,000 4. $30,000 for th e Housin g Rehabilitation Pr oj ect lo admin is ter, monitor an d rehabili tate 2 lo w• income ow ner-occupi ed hom es sca ttered through out th e City; for the Hous e of Hope Projec t to provide staffing for 2 employees; for th e Homeow ner Fix-Up Project lo ad mini ster, mo nit or and provide grants to improve the visua l appearance of 9 low-income owner-occupied homes within designated neig hborhoods in th e City; for th e Renta l Fi x-Up Proj ec t to adm inist er, monit or and provide grants to improve the visual ap pearance of 6 low-income renter-occupied homes with in desig nated neighborhoods in the City. FINANCIAL IMPACT The existing employ ee s in Community Developm ent are av ailable to administer the proJ ects and th eir sa laries and benefits are part of the City's contribution. The City will utili ze a portion of the CDBG funding (e st. $7,000) from the Housing Reh abilita ti on and both Fix-Up Projects to partially offset th e costs of those salaries and benefits . Additional CDBG funding of $10,000 has been appro·,ed to hire J co ntractual program administrator to manage the da y-t o-day activities of both Fi x-Up projects . LIST OF ATTACHMENTS Bill for an Ordinance. ,. • • •