HomeMy WebLinkAbout2003 Ordinance No. 062•
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ORDINANCE NO . /i2:.-
SERJES OF 2003
BY AUTHORITY
CONTRACT. NO,
'i'f-Uio3
COUNCIL BILL NO. 61
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT FOR THE FEDERAL HOME INVESTMENT
PARTNERSHIPS PROGRAM BETWEEN ARAPAHOE COUNTY AND THE CITY OF
ENGLEWOOD, COLORADO.
WHEREAS, the United States Government, through the National Affordable Housing
Act of 1990, has established the Home lnvesbnent Partnerships Program and has allowed each
state to elect to administer such federal funds, subject to certain conditions, for decent, safe,
sanita,y, and affordable housing; and
WHEREAS, Arapahoe County has elected to administer such federal funds; and
WHEREAS, the City of Englewood has been awarded a grant of$ I 00,000 to provide
funding for its low and moderate income homeowners for rehabilitation of at least eight single-
family, owner-occupied homes; and
WHEREAS, the Englewood City Council passed Resolution 42, Series of 2003, that
authorized submitting an application for the funding.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT:
~-The Agreement for the Home lnvesbnent Partnerships Program, attached
hereto as Exhibit A, is hereby accepted and approved the Englewood City Council.
Section 2. The Mayor and City Clerk are authorized to execute and attest said Agreement
for and on bchalfofthe City of Englewood.
~-The City Manager shall be authorized to further extend the Agreement for the
Home lnvesbnent Partnerships Program subject to appropriation of funds.
Introduced, read in full , and passed on first reading on the 18th day of Augus~ 2003 .
Published as a Bill for an Ordinance on the 22nd day of Augus~ 2003.
Read by title and passed on final reading on the 2"' day of September, 2003 .
10.b.iii
Published by title as Ordinance No .. ~j.._ Series of 2003, on the Sth day of September,
2003 . ~
I, Loucrishia A. Ellis, City Clerk of the City of
certify that the above and foregoing :it'! 1r11e copy of ·
published by title as Ordinance No.~ Series of 003.
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SUBGRANTEEAGREEMENT
FORTHE2002ARAPAHOECOUNTY
HOME INVESTMENT PARTNERSmPS ACT PROGRAM
SUBGRANTEE: CITY OF ENGLEWOOD
PROJECT: HOUSING REHABILITATION
EXHIBIT A
This Agreement is made by and between the Board of County Commissioners of the County of
Arapahoe, State of Colorado (hereinafter referred to as the County), and the City of Englewood
Authority (hereinafter referred to as the SubGrantee), for the conduct of a HOME Investment
Partnerships Act (HOME) project.
I. Purpose
The primary objective of Title II of the Housing and Community Development Act of 1992, as
amended, and of the HOME Investment Partnerships Fund under this Title is to expand the
supply of decent, safe, sanitary and affordable housing, primarily for low and moderate income
persons .
n. Work to be Completed by the SubGrantee
The SubGrantee will utilize HOME Investment Partnerships Act funding to provide below
market interest rate loans to income eligible Englewood homeowners for a variety of home
improvements.
A. Payment and Costs
It is expressly, agreed and understood that the amount to be paid by th e County under this
Agreement shall not exceed $100,000.00. 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 establishec! m Section !1-C.
The SubGrantee may proceed to draw project costs upon receipt of a Notice to Proceed
from the County, which shall be contingent upon completi on of the required
environmental review process identified in Section m. and receipt of any necessary
Release of Funds from the U.S. Department of Housing and Urban Development.
The parties expressly recognize that the SubGrantee is to be paid with HOME funds
received from the federal government, and that the ob ligation of the County to make
payment to SubGrantee is contingent upon receipt of such funds. In the event that said
funds, or any part thereof, are, or become, unavailable, 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 SubGrantee beyond the current fiscal year is also
contingent upon adequate funds being appropriated, budgeted and otherwise available .
B. Timclinc
The project is to commence and initial loans arc to be made within six months following
issuance of the project Notice to Proceed . The project will be completed and all funds
expended by March 31, 2005 . All applicable terms and requirements of this SubGrantec
Agreement shall remain in effect throughout the affordability period (if any) established
for the project.
C. Performance Criteria
The SubGrantec will provide below market interest rate loans to eight (8) income eligible
Englewood homeowners for the purpose of home improvements . Specific rehabilitation
activities funded by the program may include (but arc not necessarily limited to):
plumbing, electrical, ramps and other accessibility modifications, roofs, structural work,
and other activities related to health, safety or code compliance. All improvements
funded under this grant arc to be performed in compliance with applicable local or
industry codes and standards.
D. Reporting Requirements
I. The SubGrantec must provide the County with a written report of activities
within 30 days following the end of each calendar quarter (March 31 , June 30,
September 30, December 3 I).
2. The SubGrantec will submit a final report summarizing the project's activities
and accomplishments by March 31, 2005.
E. Lead Based Paint
The SubGrantce will comply with County policies and all state and federal regulations
and guidelines related to minimizing lead hazards in residential properties, including 24
CFR Part 35 and Colorado Regulation Number 19.
III. Responsibilities of the SubGranlee
A. Federal Compliance : The SubGrantee shall comply with all applicable federal laws,
regulations and requirements, and all provisions of the grant agreements received from
the U.S . Department of Housing and Urban Development (HUD) by the County. These
include, but arc not limited to, compliance with the provisions of the Housing and
Community Development Act of 1974 and all Rules and Regulations, guidelines and
circulars promulgated by the various federal departments, agencies, administrations and
commissions relating to the HOME Program. A listing of some of the applicable laws
and regulations are as follows :
I. 24 CFR Part 92, including (but not limited to) the following provisions:
• Section 92 .505 Applicability of uniform administrative requirements •
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• Subpart H Other Federal Requirements, which includes provisions for
affinnative marketing, environmental review, displacement and relocation,
labor, lead based paint, conflict of interest, and consultant activities
2. 24 CFR Parts 84 and 85 ;
3. Title VI of the Civil Rights Act of 1964;
4. Title vm of the Civil Rights Act of 1968;
5. Sections 104(b) ?'Id 109 of the Housing and Community Development Act of
1974;
6. Fair housing regulations established in the Fair Housing Act, Public Law 90-
284, 1111d Executive Order I I 063 ;
7. Section 504 of the Rehabilitation Act of 1973;
8. Asbestos guidel ines established in CPD Notice 90-44;
9. Section 3 of the Housing and Urban Development Act of 1968;
10. Non-discrimination in employment, established by Executive Order 11246;
11 . Lead based paint regulations established in 24 CFR Part 35;
12. Audit requirements established in 0MB Circular A-133 ; and
13 . Cost principles established in 0MB Circulars A-87 and A-122.
Additionally, no et'!ployee, official, agent, or consultant of the SubGrantee shall ~xercise
any function or ruponsibility in which a conflict of interest, real or apparent, would arise.
The SubGrantee will also not engage in a federally funded contract with any entity
registered in the. ,i.sts of Parties Excluded from Federal Procurement or Nonprocurement
Programs .
B, Non-Appropriations CJausc : The SubGrantee agrees that it will include in every
contract it enters which relies upon HOME moneys for fund ing, a non-appropriations
clause that will protect itself and the County from any liability or responsibility or any
suit which may result from the discontinuance of HOME funding for any reason .
C. Agreement Changes : No project activities , nor the amount allocated therefor, may be
changed without approval by the County and acceptance of the revised 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.
D. Direct Project Supervision and Adminjstration: The SubGrantce 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 SubGrantce shall be responsible for any injury to persons or damage to property
resulting from the negligent acts or errors and omissions of its staff, agents and employees .
Because the SubGrantee is 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
SubGrantce 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 SubGrantce. Any cost overruns
shall be the sole responsibility of the SubGrantce.
I . The SubGrantee agrees that all funds allocated to it for approved projects or
activities shall be used solely for the purposes approved by the County. Said
funds shall not be used for any non-approved purposes .
2. The SubGrantee agrees that the funds allocated for any approved projects or
activities shall be sufficient to complete said projects or activities without any
additional HOME funds.
E. Jndemnjty: To the extent allowed by law, the SubGrantee shall indemnify and hold
harmless the County and its elected and appointed officials, officers, empl~ a'l<i agents
from and againat any and all losses, damages, liabilities, claims, suits, actioru or costs,
including attorneys feea, made, asaerted or incurred as a result of any damage or alleged
damage to person or property occasioned by the acts or omissions of SubGrantee, its
officers, employees, agents, contractors or subcontractors, arising out of or in any way
connected with the project or the performance of this contract
F. Insurance and Bonding: If the SubGrantee's project involves 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. Comprehensive Gene,-al Liability in the amount of not less than $ I ,000,000 comb med
single limit Coverage is to include:
a) Premises operations
b) Products/completed operations
c) Broad form contractual liability
d) Independent contractors
e) Broad form property damage
t) Employees as additional insured
g) Personal injury
h) Arapahoe County and the SubGrantee named as additional insured
i) Waiverofsubrogation
2. Comprehensive automobile Liability in the amount of not less U,an $1,000,000
combined single limit for bodily injury and property damage. Coverage is to include :
a) Arapahoe County and the SubGrantee named as additional insured
b) Waiverofsubrogation
3. Employers Liability and Worker's Compensation: The Contractor shall secure and
mi.intain employer's lia.:iility and Worker's Compensation Insurance that will protect it
aguinst any and all claims resulting from injuries to and death of workers engaged in •
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work under any contract funded plllliuant to this Agreement. Coverage is to include
Waiver of subrogation.
4. All referenced insurance policies and/or certificates of insurance shall be subject to the
following stipulations :
a) Underwritm shall have no rights of recovery subrogation against Arapahoe Cllunty
or the SubC'mmtee; it being the intent of the parties that the insurance policies so
effected shalJ protect the parties and be primary coverage for any and all losses
covered by ,, e described insurance.
b) The cliWle .,ti tled "Other Insurance Provisions" contained in any policy including
ArP· ·hoc (:ounty as an additional named insw-ed 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 SubGra.1tee for payment of any premiumr. due or
for any assessments under any form of any policy.
d) Any and all deducb1Jles contl!insd i•; ,11y insurance policy shall be assumed by and
at the sole risk of the Conb'aclQr.
5. The Contractor shall not comm :aice work under any contract funded pW3W111t to this
Agreement until he/she has submitted to the SubGrantee, and received approval thereof;
certificates of insurance showing that he/she has complied with the foregoing insurance
requirements. The SubGrantee shall also submit a copy of the Contractor's certificates
of insurance to the County prior to commencing work.
6. lllotwithstanding the provisiortS contai.,ec! in this paragraph (G) s"1 forth hereinabove,
the County reserves the right to modify o: waive said provisions for projects or activities
for which these provisions woulit prove prohibitive. The SubGrantee understand 'I,
however, that the deciS1on to waive or modify those provisions is fully within the
discretion of the County.
7. In accordance with 24 CFR Parts 84 and 85, the following bonding requirements shall
apply to all projects exceeding the simplified acquisition threshold:
a) A bid guarantee from each bidder equivalent to 5% of the bid price;
b) A performance bond on the part of the Contractor for 100% of the contract price;
and
c) A payment bond on the part of the contractor for I 00% of the contract price.
G. Records : The SubGrantee shall maintain a complete set of books and records
documenting its use of HOME funds and its supervision and administration of the project.
Records are to include (but not limited to) documentation demonstrati ng use of HOME
funds, project eligibility, units assisted with HOME funding, income eligibility of persons
assisted with HOME funding, property standards, and affordability period c.;mpliance, as
welt as financ 1•1 and other administrative •aspects involved in performing the proj,'Ct . The
SubGrantee shall provide full access to these books and records to the County, the Secr~taiy
of HUD or his designee, the Office of Inspector General, and the General Accounting Offi:e
so that compliance with Federal laws and regulations may be confirmed. The SubGran11ee
further agrees to provide the County with a copy of any audit reports pertaining to •he
SubGrantee's financial operations du.ri ng the term of this Agreement. All reco :ds
penaining to the project an: to be mair,, ;..ned ior a minimwn of five year.; following close-
out of the project (including any applir:at te ~ffordability period).
H. Reporting: The SubGrantee ~hall file aU reports and other information necessar:, to
comply with applicable Federal law, and reg,.1lations as required by the C~.111ty and H' JD.
This shall include providing to the Cc•; nty the information necessary to complete a1nual
Performance Reports in a timely fashioP .
I. Tjmeljness: The SubGrantee will submit to the County a description of the work •o '.Je
performed, a budget, and a timetable delineating the length of time needed for each project
phase, if applicable, through the completion of the project. The SubGrantee shall comply
with the timetable for completion of the project. The SubGrantee widerstands that failure to
comply with the timetable may lead to a cancellation of the project ar.d loss of all
unexpended funds , unless the County determines that there are extenuating cin:wns1ances
beyond the SubGrantee's control and that the projects will be completed within a reasmable
length of time.
J. Reimbursement for Expensn: The SubGrantee agrees that before the County can
distribute any liOME funds to it, the SubGrantee must submit to the County Housbg and
Community Devel· ,pment Services Division docwnentation in the form required by the
County which properly and fully identifir.1 the amount that the SubGrantee is requc= ting at
that time. The County shall have ten wonu.,g days to review the request. Upon appr, ,vat of
the request, the County will distribute the requested funds to the SubGrantee as s,)On as
possible . The SubGrantee may not request the disbursement of funds until they are I ceded
for payment of eligible expenses. The am01:.nt of each request must be limited to the
amount needed for actual expenses incurred.
K. Program Income : Program income received by the SubGrantee from loan: made under
this Agreement is to be retained by the SubGrantee for the purpose of providing f Jrther
housing rehabilitation loans or grant~. After the cwnulative amount of funding provided
under this Agreement has been recycled in its entirety one time, the SubGrantee may -etain
all future revenue . Should the SubGrantee 's Housing Rehabilitation program close tefore
the SubGrantee has recycled the entire amount of funding provided under this Agreement,
the SubGrantee will continue remitting program income to the County until the cwnu : alive
amount of funding has been returned or recycled .
L. State and County Law Compliance : All responsibilities of the SubGrantee enwne:ated
herein shall be subject to applicable State statutes and County ordinances, resolutions, r!iles,
and regulations. •
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M. Subcontracts : If subcontracts arc used on the project, the SubGrantee agrees that the
provisions of this Agreement shall apply to any subcontract.
N. Suspension or Tennination : In accordance with 24 CFR Part 85 .43, this Agreement
may be suspended or tenninated by the County if the SubGrantee materially fails to comply
with any term of this Agreement. In accordance with 24 CFR Part 85.44, this Agreement
may also be tenninated for convenience by mutual agreement of the County and the
SubGrantee.
0 . Environmental Reyjcw: 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 further agree that the provision of any funds to the project is
conditioned on Arapahoe County's detennination to proceed with, modify, or cancel the
project based on the results ofa subsequent environmental review.
P. Disa)lowance: If it is determined by HUD or other federal agency that any expenditure,
in whole or in part, for the SubGrantee's project was improper, inappropriate, or ineligible
for reimbursement, the SubGrantee shall reimburse the County t.J the full extent of the
disallowance .
O. A!Tonlabjljty; Housing assisted with HOME funds must meet the affordability
requirements of 24 CFR Part 92.252 or 92.254, as applicable, and the SubGrantee must
repay the funds if the housing docs not meet the affordability requirements for the specified
time period.
R. Housing Standards: Housing units assisted with HOME funds arc to meet all locally
applicable housing code requirements at the time of purchase {homeownership and housing
acquisition projects), renovation {housing rehabilitation projects), or construction. When
required by HOME regulations or individual program policies, assisted units shall remain in
compliance with local codes for the duration of any applicable loan or affordability period .
Should the jurisdiction where the assisted housing unit is located not have any established
codes, Section 8 Housing Quality Standards shall apply for housing rehabilitation and
acquisition related projects; new housing coQstruction projects shall comply with one of the
national standards accepted by the U.S . Department of Housing and Urban Development.
S. Reversion of Assets: Upon expiration of the Agreement, the SubGrantee must transfer
to the County any HOME funds on hand at the time of expiration and any accounts
receivable attributable to the use of HOME funds .
T. Labor Standards <Davjs-Bacon AcQ: The SubGrantee ag=2 tn t'Omply with federal
labor standards in all HOME funded projects and activities .
U. Unifonn Relocation Act: The SubGrantcc agrees to comply with rules and guidelines of •
the Unifonn Relocation Act, pertaining lo the acquisition of real property and relocation
and/or displacement of persons and/or businesses .
V. Per Unit HOME Subsidy: The SubGrantcc agrees to comply with federal regulations
and guidelines establishing the minimum and maximum per unit subsidy limits for the
HOME program. The SubGrantee also agrees that the proper number of housing units in
each physical project will be designated as HOME units based on the subsidy provided by
the County.
W. Affinnative Marketing : lfHOME funds under this Agreement will be used for housing
rehabilitation or to assist housing facilities containing five or more HOME assisted units,
the SubGrantcc is to affinnatively market the facility to those persons who are least likely lo
apply. Persons considered least likety · to apply are those not of the same race and/or
ethnicity of the majority of the residents in the area in which the program operates.
X. Maximwn Property Values: Properties purchased unuer an Arapahoe County HOME-
funded homeownership program may not exceed 95% of the area median purchase price at
the time of acquisition. Homes renovated under a County HOME-funded rehabilitation
program may not have an after rehabilitation value of more than 95% of the area median
purchase price.
IV. Responslbllltles of tbe County
A. Adminjstrative 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 HOME funds . Accordingly, the SubGrantcc agrees
that as to its projects or activities perfonned or conducted under any HOME 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 SubGrantcc pursuant to paragraph A above shall be limited to the perfonnance of the
administrative tasks necessary to make HOME funds available to the SubGrantcc and to
provide a Monitoring Specialist whose job it will be to monitor the various projects funded
with HOME moneys 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 infonnation required of the County are filed wi th HUD and other applicable Federal
agencies in a timely fashion.
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v . Extent of Agreement
This agreement, including any documents attached u exhibits which are hereby
incorporated herein by reference, represents the entire and integrated agreement between
the County and SubGrantee and supersedes all prior negotiations, representations or
agreements, either written or oral. Any amendments to this agreement must be made in
writing and be 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 ~trect.
In Witness Whereof; the Pa.ilts have caused this Agreement to be duly executed this ___ _
day of __ ,-~ _________ _,2003 .
Subgrantee: City of Englewood
Signatul'it _, _____________ _
Tit,e: ________________ _
Board of County Commissioners
Arapahoe County, Colorado
Justin A. Hamel on behalf of the Board of County Commissioneis
Pursuant to Resolution Number 030121
PROJECT BUDGET
COLUMN A COLUMNB COLUMNC COLUMND
Pnjocl--.iToal Coo<of HOMlh .. OtlMr hadl Conuntuad
(,podf)'bJUN-) Adl>tly
s,,ir..-n1 bcndl11 Sl0,000 $15,000 135,000
lrehobill-low S160,000 $15,000 575,000
Addhionol low may bo ------_,__
TOTAL: SZ I0,000 I S100,000 S110,000
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COUNCIL COMMUNICATION
Date
August 18, 1003
INITIATED HY:
Agenda Item
10ai
---· ·-C:ommunitv Development De,;,t
Subject:
Intergovernmental Agreement between
the Citv and Ara ahoe Countv
STAFF SOURCE:
Janet Grimmett. Housin Finance S ecialist
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
CoUl ,.,; r, ·,ssed Re solution 42, ,. •ries of 2003, authorizing the submission oi an application to
Arapah oe County for funding to ,,,pport the Housing Rehabilitation Loan program .
RECOMMENDED ACTION
Approve " [: ,:, for an Ordinance authorizing the execution of an Intergovernmental Agreement for
the HOME Investment Partnerships Program between Arapahoe County and the City of
Englewood.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Arapahoe County receives federal funds through the HOME investment Partnerships Act program.
These funds provide grants to non-profit agencies, housing authorities, and local governments to
primarily provide decent affordable housing to low and moderate-income households.
The City of Englewood was approved for a S 100,000 grant to provide loans to 8 income eligible owner-
occupied homeowners to finance the costs of their major household repairs and home improvements.
FINANCIAL IMPACT
The existing employees in Community Deveiopment are available to administer the project and
their salaries and benefits are part of the City's contribution.
LIST OF ATTACHMENTS
Bill for an Ordinance