HomeMy WebLinkAbout2004 Ordinance No. 022•
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ORDINAN CE NO .J;!::._
SER IES OF 2004
BY AUT HOR ITY
CONTRACT. NO, 1.f'?-.foo '{,
COUNC IL BIL L NO . 19
INTROD UC ED BY COUN CIL
MEMB ER BRADSHAW
AN ORDINANCE APPROV!NG AND A UTHORIZING THE EXECUTION OF FOUR
I NTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (r')BG) FOR THE Y~AR 2004
BEW/EEN THE ARAPAHOE BOARD OF COUNTY COMM ,S SIONERS ANO THE CITY OF
ENG LEWOOD, COLORADO.
WHEREAS, the Ci ty Counci l of lh c City of Englewood approv ed th e
execution of an In te rgove rnm e nt al Agree ment betwee n th e Ci ty of Engl ewood and
Arapahoe Co unty by passage of Ordinance No . 39, Series of I 994, coveri ng the
City 's participation in the Arapahoe Co unty CD BG Entitl ement Program as exlcndcd
by Amendment No. 3, for funding years 2004 throug h 2006; and
WHEREAS , th e Englewood City Coun cil passe d Resolution 86, Series of
2003, supp orting Housing and Community Dcvc lopmen l that authorized submitti ng
an app lica tion for 2004 CDBG funding; and
WH EREAS, the project by the Ci ty of Eng lewoo d known as th e "Housing
1.c habilit ation Project " ha s bee n categorized as a reh abi lit atio n activity; and
WHEREAS , the project by th e Ci ty of Englewood kno wn as the "House cf
Hope Staffing" ha s bee n ca tegorized as a public service activity; and
WHEREAS, the projccl by the City of En glewood known as lhe "Homco w;;c r
Fix-Up Proj ect " ha s been categorized as a housing rehabililati on project for low-
in co me owner-occupied home s within de sign ated nei ghborhoods in th e Cit y: and
WHEREAS , the project by th e City of Englewood kn ow n as lhc "Rental Fix-
Up Project" has been cat egori zed as a housi ng rehabilit ati on projccl fo r low -income
rcnlcr-occupicd homes within de signated neighborhoods within 1h e City .
NOW, T HEREFORE, BE IT ORDA IN ED BY THE CITY COUNC IL OF
THE CITY OF ENG LEWO OD, COLORA DO, THAT:
~ Th e Subgran tc e Agreement fo r th e 2004 Arapahoe Cou nt y
Comm unity De velopment Block Gran !-Housi ng Rehabilitation Projec l, auac hcd
herclo as Exhibit A, is hereby acccp led and appro ve d by lh c Englewood Cit y Counc il.
~-The Sub ;ran tec Agrccmc nl fo r th e 2004 Ara pahoe Co un1y
Co mmunit y Dcvc lopmcnl Llock Gm nl -House of Hope Projecl, allac hcd hcrel o as
Ex hibit B, is hereb y accepted and ap pro ve d by th e Englewood Ci ty Counci l.
~-The Subgrantcc Agreement fo r the 2004 Ar apahoe County
Comm unity Development Block Grant -Homeow ner Fix-Up Proje ct, auac hcd
hereby as Exhibit C, is hereby acc epted and ap pro ved by the Eng lewoo d Cit y Counci l.
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Sec ti on 4 The S ubgrn nt ee Agree ment for th e 20r.4 Arap ahoe Co unt y
Co mrn uni1 y Deve lopm ent Bl oc k Grn 111 -Rc 111 al Fix -U p . rojc ct, as Jtl ac hcd hereby
as Ex hibit I, is hereby acce pt ed and approv ed by th e Englewood Cit y Cc un ci l.
~. The Mayo r and Ci ty Cle rk arc hereby mnh ori zed to sig n and anest
said Agree ment s fo r and on bc hnlf of th e City of Englewood, Co lorad o.
~. Th e City Manage r shall be au thori ze d to further cx teud and/or
amen d the subgra n1 cc agree ment s for th e 2004 Arapa hoe Cou nt:• Co mmun ity
Oe\'elopm cn t Bl ock Gran t Pro gra m as needed.
Int ro du ce d, read in fu ll , and passed on first readi ng on the 5th day of April , 2004 ,
Pu bli shed as a Bill fo r an Ordinan ce on th e 9th day of April , 2004 .
Rea d by ti tle and pass ed on fin al readin g on the 19th day of April , 2004 .
Pu bli shed by titl e as Ord inance No, -66-Seri es of 20 0
2004 ,
I, Loucrishi a A, Elli s, City Clerk of th e Ci ty o f Englewood , Cd u,ado, here by
cert ify th at th e abo ve and fo re goi ng is a tru e copy_of th e Ordin an !>as scd on fin al
re adin g and publi shed by title as Ordin ance No ~ Serie s f 2
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COUNCI L COM M UNICATION
Date Agenda Item Subj ec t:
April 5, 2004 11 a i In tergove rn mental
Agree m enl s b etwee n !h e
Ci lv an d Araoah oe Countv
INITI AT ED RY :
Comm uni tv Dev eloDm ent D eot. I STAFF SOURCE :
Janet Grim mett , Hous in R. Fi nan ce SDeci alist
COUNCIL GO AL AND PREVIOUS COUNCIL ACTION
Coun cil passed O rdinance No. 39, Se ri es of 1994, 1h at was ex 1ended by Am endmen t N o. 3 da ted
Jun e 26, 2003 relating l o pa rt icipal io n in the U rb an Coun ty Enli liern ent Program fo r CDBG and
H O ME fun ds fo r 2004 th rough 2006; and , passag e of Resoluti on N o. 86, Seri es of 2003 suppo rting
H ousing and Co mmunity D evelopment 1h a1 au1h oriz ed submilting ap pli ca ti o ns fo r 2004 CDBG
funding.
RECOMME ND ED ACTION
A pprove a Bi ll for an Ordinance aulh ori zing lh e exe cu l io n of fo ur Int ergovernm ent al Sub grant ee
Agreem ents for th e 2004 Arapahoe Coun ly Community D evelopm ent Block G ra nt Pro gram
between 1he Arapah oe Board of County Commissioners and the City of En glewood.
BACKGROUND, AN ALYSIS, AND ALTERNATIVES IDENTIFIED
The Federal Community D evelo pm ent Block G rant (C DB G) Progra m pr ov ides granls l o uni l s of
local grvernm enl and urban c oun ties to meel ho usin g and community dev el opment n eeds . Th e
objec tive o f Jhe Program is achie ved lh ro ugh p roj ec l s developed b y l he loca l governm ent 1ha1 are
des ign ed to give prio rily l o !hose ac l ivi l ies thal b enefi l lo w -and mo deral e-in com e fa milies. Fund s
are all oca ,ed by s1a1u1 ory fo rmula l o ea ch entitlem enl area. Ara pah oe Cou nty is an ap p ro ve d
enl iliem en l area. The grant 1,.nds are d=str ib ut,•d by Arapa hoe Cou nty l o each parl ic ipatin g city
wit hin Ihe co un ty.
For FY2004, funds are app roved l o support l he follo w'ng p rojects:
1. $25,000
2. $50,0 00
3. $4 5,000
fo r !he H ou si ng Rehab ili1 a1io11 Pro j ec l (in cl u ding 1h e n ew H an dym an Proj ec t) l o
admini ster, mo nit or, rehabilitate and/or repa ir 10 low-in co me owner-occ upi ed
hom es scalt ered Jhro ughoul !he Cily;
for 1he H ouse of H ope Proj ecl 10 p rovi de sl affi ng for 2 employees;
fo r th e H omeow ner Fi x-Up Proj ec t to admi ni ster, monit or and pro vi de grants to
imp ro ve the visu al appearance of 9 low-in co me owner-oc cupi ed homes wi th in
des ignal ed neighb orho ods in 1h e Cil y;
4 , $30,000 fo r the Ren ta l Fi x-Up Projec t lo adm ini ster, monit or and pro vid e grants to impro v~
th e visua l appeara nce of 6 low-in come renter-occ upied homes w ithin c es ignated
neighborhoods in th e City.
FIN ANCIA L IMPACT
The existi ng employees in Community Devel opm ent are available to administer th e projec ts an d
th eir sa lari es and benefits are part of th e City's contribu ti on . Th e Ci ty will utili ze a portion of th e
CDBG funding from th e Housing Rehab ili tation an d both Fix-Up Pr ojects (es t. $7,000) to partiall y
offset th e cos ts of th ose sa laries and ben efits .
Addi ti onal CD BG funding of $10,000 has heen approved to hire a co ntractual progra m
admini st rato r to manage the day-to-day activi ti es o f both Fix -U p proj ec ts.
LIST OF ATTACHMENTS
Bill fo r an O rdin ance.
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ARAPAHOE COUNTY
COMMUNITY DEVEL()PMENT BLOCK GRANT FUN DS
SUBGRANH.E: CITY OF ENGLEWOOD
PROJECT NAME: HOUSING REHABILITATION
PROJECT NUMBER: ENHS 415
This Agree ment i$ made by and between the Board of County Co mmissi oners of the County of Arapahoe,
State o f Colorado , for the Community Development Block Grant Program in the Community Services
Department (hereinafter referred 10 as the County) and the City of Englewood (hereinafter referred to as the
SubGrame e) for the conduct of a Community De velopment Block Grant (CDBG ) Project.
I. PURPOSE
The primary objec tive of Title [ of the Hous ing and Co mmuni ty Developm ent Ac t of 1974, as amended,
and of the Communi ty De ve lopment Block Grant (C DBG) Program under thi s Title is the de ve lopment of
viable urban co mmunities , by pro vi ding decent housing, a suitable living environment and ex panding
economic opporruniri es , princ ipally for low and moderate incom e persons .
The proj ect by the SubGra'ltee known as the Housi ng Rehabilitat io n Project (Proj ec t) has bee n categorized
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as a Single Family Housin g Reh abilitation project and the Sub Gran tee will maintain doc um ent ati on wi th
the national objective of Lo w/Moderate Incom e Housing activities.
The SubGrant ee may proc eed to incur costs for the Project upon receipt of an offi ci al "Notice to Proceed"
from the Co un ty.
Il. WORK TO BE COMPLETED BY THE SUBGR.\l'IITEE
Th e fo ll owing prov isions outlin e the sco pe of the wo rk to be co mpleted: ...
Th e SubGrantee will utilize CDBG fund ing to provide low int erest loans :in d/o r grants to inco me eligibl e
homeowners fo r health and safety related home imp rovements . Typica l improvements may incl ude (b ut
are not necessarily limi ted to) plumbing, electri cal sys tems . roofs , :in d HVAC work.
A. Payment
It is exp ressly agreed and unders tood that the tota l amount to be paid by the County under this
co ntrac t shall no t excee d $25,000.00 . Drawdowns fo r the payme nt of eli gi bl e expenses shall be
made against the line item budgets sr,cified in the Project Budget and in accordance with
performance criteria es tablish ed in Secti on 0-C. The parti es expressly recogni ze that the
SubGrante e is to be paid with CDBG funds received fro m the federal government, and that the
• obligation of the Co un ty to make paym ent to SubGrantee is co ntinge nt upon receipt of such fun ds.
In the event that said funds, or any part thereof, are , or become, unavailable, then the County may
immediately 1emunate or amend this agreement. To the ex1en1 C.R.S. § 29-1-110 is applicable, any •
financi al obligation of the County lo the SubGran1ee beyond the current fiscal year is also
contingent upon adeq uate funds being appropriated , budgeted and otherwise available.
Any Project funds not expended and drawn from the County by the deadline identified in Section Il.
C. 3. below shall revert lo 1he County and be ut ilized for other purposes .
B. Timellne
All Project activities will be completed by May 31, 200S unless this Agreement is modified by
mutual agreement of1he County and SubGran1ee .
C. Performance Criteria
In accordance with !he funding application submined by !he SubGran1ee for 1he Project, !he criteria
listed below are 10 be met during the executio n of the Project.
I. Quantifi able Goals :
Tile SubGrantee will provide 1en home improvement loartS or granlS to income eligible
Englewood homeowners . All improvements funded under this grant are lo be
pe rformed in compliance with applicable local or ind ustry codes and standards.
2. Community impact :
Affordab le housing -stabi lity and housing quality
3. Quarterl y Pe rformance Standards :
June 30, 2004 :
Sep tember 30, 2004 :
Dece mber 31 , 2004 :
March 31 , 2005:
May 31. 2005 :
D. Reporting Requirements
No requ iremems es tablished
Mark el program
Markel program , interview po1en1ial cl ienls
Pro vide five rehabilitation loans/gran1s
Pro vi de five rehabilitation loans/grants
Complete all renovatio ns funded by project
Submit final drawdown and completio n report 10 County
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I. Projec t repons will be due wi thin one month follow ing the end of each ca lendar year
quarter Narch 3 I, June 30 , September 30, Decemb er 3 I) until the Project is com pl eted .
2. The offic ia l annual audit an d/o r Financial Statements for the SubGrantee in whic h both
re venues and expendi rure s fo r the CDBG Projects described herein are detailed are due
annuall y.
E. Labor Standards (Davis-Bacon)
It is determined that:
Project acti vities do not require compliance with federal labor stan dards.
F. Environmental Review
Notwithstanding any pro vi sion of this Agreement, the parties hereto agree and acknowledge that
this Agreement does not constitute a comminnent of funds or site approval, and that such
comminnent of funds or approval may occur only upon satisfactory co mpletion of environmental
review and receipt by Arapahoe County ofa release of funds from the U.S . Department of Housing
and Urban Deve lopment 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, mod ify, or
cancel the project based on the results of a subsequent enviro nmental re view .
G. Unifo rm Relocation Act (URA)
Project activities do not require compliance with the Uniform Relocation Act.
H. Lead Based Pai nt
The maximum CDBG investm ent per house renovated under th is project ma y not exceed S24.999. This
amount include s any CDBG funding used fo r project base d ad mini strative ex pen ses. The SubGrantee will
co mpl y with all oth er County, state and federal policies , guidelines and requirements re la\id to
minimi zin g lead hazards in re sidenti al properties , includin g 24 CFR Part 35 and ·"Colorado
Regul atio n Numb er 19.
111. RESPONSIBILITIES OF THE SUBGR.\J'ffEE
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A. Federal Co mpliance
The SubGran tee shall co mpl y wit h all app licabl e federa l law s. regu lations and requ irements , and all
provisions of the gr ant agreements received fro m the U.S. Department of Ho using and Urban
Deve lopment (HUD) by the Co un ty . Th ese incl ud e but are not limited to compliance with the
provisio ns of the Hou sing and Community De vel op ment Act of I 97~ and all rules, regulations,
guidelines and circulars promul gated by the vari ous federal dep artm ents . age nci es, administrations
and co mmi ssio ns relating to the CDBG Program . A listing of some of the applicable laws and
regulatio ns arc as fo llo ws :
I. 24 CFR Pan 570;
2. 24 CFR Pans 84 and 85;
3. Title VI of the Civil Rights Act o r 1964;
-l . Tit le VIII of the Civi l Ri ghts Act of 1968;
5. Sections 104(b) and 109 of the Housin g and Co mmunity Deve lopmen t Act of 1974;
6. Fair housing regulations established in the Fair Housing Ac t, Public Law 90-284. and
Executi ve Order I 1063 ;
7. Sectio n 504 of the Rehabilitation Act of I 973;
8. As bestos guidelines established in CPD No tice 90-44 ;
9. The Energy Policy and Co nservation Act (Public Law 94-1 63) and 24 CFR Pan 39;
I 0. Equal empl oyment opportuni ty and minori ty business enterprise regulations estab lished
in 24 CFR pan 570.904;
11 . Section 3 of the Hous ing and Urban De velopment i\ct of 1968;
12. Non-discrimination in employment , esta bli shed by Exec uti ve Order 11246;
13 . Lead Based paint regulations established in 24 CFR Parts 35 an d 570 .608;
14. Audit requirements es tabli shed in 0MB Circular A-133 ; and
15. Cost principl es estab li shed in 0MB Circu lars A-8 7 and A-122.
Additionally, in acco rdanc e with 24 CFR Pan 570, no em plo yee , official , agent or consultant of the
SubGrantee shall exercise any function or res ponsibility in which a conflict of interest , real or
apparent, would aris e. The SubGrantee cannot engage in a federally funded contract wi th any entity •
registered in the Lists of Pani es Excluded From Federal Procurement or Nonprocurement
Programs.
B. Non-Appropriations Claus e
The SubGrantee agrees that it wi ll include in every co ntract it enters. whic h re lies upon CDBG
monies fo r fundi ng, a non -appropriation cla use that will protect itse lf and the County from any
liability or res ponsibility or any sui t whic h migh t result fro m the discontinuance of CDBG fuJ,ding
for any reason . Because this SubGrantee Agreement invo lves fu nd s fro m a fe dera l grant , to the
extent there is a con flict the funding provisio ns of this SubGrantee Agreement, the federal grant and
the fede ra l statutes co ntrol rather than the provisions of Sectio n 24-91-103 .6, C.R.S. with regard to
an y public wo rk proj ect s.
C. Expenditure Restriction s
All CDB G funds that are app roved by HUD fo r ex penditu re under th e County's grant agreement,
inclu ding those that are identified fo r the SubGrantee's Projects an d acti vities . shall be allocated to
the specific projects and activi ties des crib ed and listed in the gran t agreements. The all ocated funds
shall be used and ex pended onl y fo r the projects and activities for which the funds are ide ntifi ed.
D. Agreement Changes •
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No projects or activities, nor th e amount allo cated therefor, may be changed wi th out ap prov al by
th e County and accep tance of th e revised Final Statement and/or Co nsolid ated Plan by HUD, if
required. Changes must be requested in writing and may not begin until a modificat;o n 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. Thi s task shah Je accomplished through the use of the SubGrantee's staff,
agency and emplo ye es . The SubGrantee shall be responsible for any injury to persons or damage to
property resulting fr om the negligent acts or errors and omissions of its staff, agents and emplo yees .
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 pro vide an y addit ional
funding to the SubGrantee if its projects or ac tivi ties cannot be co mpleted with the funds a locat ed
by the County to the SubGrantee . Any cost overrun s shall be the sol e responsibility of the
SubGrantee .
F.
I. The SubGrantee agrees that all funds allocated to it fo r appro ved projects or activities
shall be used solel y for the purpo ses appro ved by the County. Said funds shall not be
used for any non-appro ved purposes .
2. Th e SubGrantee agrees that the funds allocated fo r an y approved projects or ac ti vi ties
shall be sufficient to complete sai d projects or activities without any addition al CDBG
funding.
Indemnity
To the ex tent allowed by law , the SubGrant ee shall indemnify and hold harmless the County and it s
elected and appoint ed offi cials, officers, empl oyees and age nts fro m and against an y and all losses,
damages , liabiliti es , claims , suits, actio ns or costs , includin g attorneys fee s. made. assert!.I or
incurred as a res ult of an y damage or 1ll eged damage to person or prop erty occasioned by the act s
or omi ss ions of SubGrantee, its officers , emplo yees, age nts . contractors or subcontractors , aris in g
out of or in an y way co nn ected wit h the Project or the performance of this co ntract.
G. Bondin g and Insurance
If the SubGrantee's projects invol ve constru ct ion acti viti es, an y Co ntractor it uses fo r said activities
shall be required to provide and maintain , until final acce ptan ce by th e SubGrantee of all work by
such Co ntract or. the ki nds and minimum amounts of insurance as fo ll ows:
I . Comprehen siv e Genera l Liabili ty: In the amount of not less than S 1,000,0 00 com bin ed
single limit. Coverage to include:
a. Premi ses Operations
b.
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Product s/Completed Operations
Broad Form Contractual Liability
Independent Contractors
Bro ad Form Property Damage
Employees as Additional Insured
Personal Injury
Arapahoe County and the SubGrantee as Additional 1','amed Insured
Waiver of Subrogation
2. Comprehensive Au tomobile 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 lnsured
b. Waiver of Subrogation
3. Employers Liability and Workers Compens~,ion: The Contractor shall secure and
maintain employer's liabil.ity and Worker's Compensation Insurance that will protect
it against any and all claims resulting fro m injuries 10 and death of workers engaged
in work under any contract funded pursuant 10 this agreement . Coverage 10 include
Waiver of Subrogation.
4. All referenced insurance policies and/or certificates of insurance sha ll be subject 10
the follow ing stipulations:
a. Underwriters shall have no rights of recovery subrogation against Arapahoe
County or the Su bGrantee; it being the intent of the parties that the insurance
policies so effected shall protect the parties and be primary coverage for any
and all losses covered by the described insurance.
b. The clause entitled "Other Insurance Provisions" contained in any policy
including Arapaho e Co unty as an additional named insured shall not apply
10 A.r:ipahoe County or the SubGrantee.
c. The insurance companies issuing the policy or policies shall have no
recourse aga in st A.r:ipahoe County or the SubGrantee for payment of any
premiums due or for an y assessments under any form of an y polic y. ,..
d. Any and all deductibles contained in an y insurance polic y shall bt assumed
by and at the sole risk of the Contractor.
5. Certificate of lnsuranc e: The Contractor shall not commence wo rk under any
contract funded pursuant to this Agreement until he has submined 10 the
SubGrantec, recei ved approval thereo f. certificates of insurance showing that he has
complied with the foregoing insurance requireme nts. The SubGrantee shall also
submit a cop y of the Co ntract or's certificates of insurance to the County.
6. Notwithstanding the provisions contained in th is paragraph (H) set forth
hereinabove, the County reserves the right 10 modify or waive said provisions for
projects or activities fo r whic h these provisions would prove prohibitive. The
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SubGrantee understands , however, that thr decision to waive or modify those
pro visions is fully within the discretion of th, County .
In accordance wi th 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% if the contract price .
H. Records
The SubGran tee shall maintain a complete set of books and records documenting its use ofCDBG
funds and its supervision and administration of the Proj ec t. Records are 10 include documentation
verifying Project eligibility and national objective compliance, as we ll as financial and other
administrati ve aspects involved in performing the Project. Ti1e SubGrantee shall provide full
access 10 these books and records to the County, the Secretary oi HUD or his designee, the Office
of Inspec tor General , and the General Accounting Office so that compliance with Federal laws and
regulations may be confirmed. The SubGrantee funher agrees to provide to the County upon
request, a cop y of any audit repons per;3ining to the SubGrantee's financial ope rations during the
term of this Agreement. All records per:aining to the Project are to be maintained for a minimum
of five years followi ng close-out of th e Project.
, . Reporting
The SubGrantee shall tile all repons and other information necessary to comply with applicable
Federal laws and regulations as required by the County and HUD . This sha ll include providing to
the County the informatio n necessary to complete annual Perfo rmanc e Repons in a timel y fashion.
J. Timeliness
Th e SubGrantee sha tl comply with the quarterl y performan ce standards established· in Section . □-C
of this Agreement. 1 he SubGrantee understands that failure to comply with the establ;hed
standards ma y lead to a cancellation of the Project and a lo ss of all unexpended funds.
K. Keimburse mem for Ex penses
The SubGrantee agrees that before the Coun ty can distribute any CDBG funds to it , th e SubGrantee
must submit to the Count)'s Housing and Co mmunity De velopment Services Divi sio n
docum entati on in the fo rm requi red by that Di visio n which properl y and full y identifies the amount
which th e SubG rantce is requesting at that tim e. ~he County shall ha ve ten (10) wv,··.•ng days to
re view th e request. Upon ap pro val of the req uest. the County will distri bute the requested funds to
the SubGrant ee as soo n as possible .
L. Pro gram Income
All program income directly derived from the Arapahoe County Community Development Block •
Grant Program recei ved by the SubGrantee will be retained by the SubGrantee and will be
dispersed fo r its appro ved CDBG Project activities before addirional CDBG funds are requested
from the County. Fo llo wing completion of the SubGrantee's Arapahoe County CDBG Projects, all
program inco me direc tl y generated from the use ofCDBG funds will be remitted to the County.
M. Real Property
Real property acquired in whole or in part wi th CDBG funds shall be urilized in accordance with
the scope and goals identified in Secrions I and U of thfa Agreement. Should the property in
question be so ld or otherwise disposed of, or the approved property usage disconrinued, the
SubGrantee shall adhere to the requirements of24 CFR Parts 84 or 85 (as a~plicable) regarding the
use and disposirion of real property.
N. State and County Law Compliance
All responsibilities of the SubGran tee enumerated herein shall be subject to applicable State
statutes and County ordinances, resolutions, rules, and regulations .
0 . Subcontracts
If subco ntract s are used on the Project, the SubGrantee agrees that the provisions of this Agreement
shall apply to any subcontract. •
P. Suspension or Tennination
This Agreement may be suspended or terminated by the County if the SubGrantee materially fails
to compl y wit h any term of this Agreement. This Agreement may also be terminated for
convenience by murual agreement of the County and the SubGrantee.
Q. In the even t that the Unit of Ge neral Local Government should withdraw from the Cojjllty'S
"U rban County" designation, this . .\greement shall terminate as of the 1erminarion clllte of the
County's CDBG grant Agreement with HUD .
R The SubGrantc e ce nifi es that 10 the best of its knowledge and belief:
I . , o Federal appropriated funds have been pai d or will be paid, by or on behalf of it ,
10 an y person for influtncing or attempting lo influence an officer or employee of
an y agen cy, a Member of Congress, an officer or emplo yee of Congress, or an
emplo yee of a Member of Con gres s in connection with the awarding of any Federal
contract , the making of any Federal grant, the making of an y Federal loan , the
entering into of any cooperative agreement, and the ex tens ion, continuation,
renewal. amendment , or modification of any Federal contract, grant, loan, or
coo perati ve agreement; and , •
• 2 . If any funds other than Federa l appropriated funds have been paid or will be paid 10
an y person for influencing or attempting to influ ence an officer or empl oyee of an y
agency, a Member of Congress , an officer or employee of Congress , or an emp loyee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, it will complete and subm it Stand:ird Form -LL L,
Disclosure Form to Repott Lobbying ," in accordance with its instructions .
S. Disallowance
!fit is determi ned by HUD or other federal agency that the ex penditure , in whole or in pan, for the
SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then
the SubGrantee shall reimburse the County 10 the full extent of the disallowance.
[V. RESPONSIBILITIES OF THE COUNTY
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A-Administrative Control
The Part ies recognize and understand that the County will be the go vernmental entity required to
execute all gran t agreements received from HUD pursuant to the County's requests for CDBG
funds . Accordingly, the SubGrdlltee agrees that as 10 its projects or ac tivities performed or
conducted under any CDBG agreement, the County shall have the necessary administrative control
req uired 10 meet HUD requi rements .
B. Performance and Compliance Monitoring
The County's administrative obli gations 10 th e SubGrantee pursuant 10 paragraph A above shall be
limited 10 the performance of the administrative tasks necessary 10 make CDBG funds availa ble to
the SubGrantee and to provide a Monitoring Specialist whose job it will be 10 monitor the various
projects funded wi th CDBG monies 10 monitor compl iance with applicable Federal laws and
regulations.
C. Reporting to HUD
The Coun ty will be resp onsible fo r seeing that :ill necessary repons and information requir ed o f the
County are filed wi th HUD and other appli ca ble Fed eral agenci es in a timel y fashion .
V . EXTENT OF THE AGREEMENT
•
This agreeme nt, including an y documen ts attach ed as exhibits which are hereb y inc orporated herein
by re fe rence, represents the entire and in,egrat ed agreement between the Coun ty and Sub Grantee
and superc edcs II pri or ne gotiat ions , reprc ,entations or agreements , either written or oral. An y
amendm ents to this agreement must be in writing and signed by both the County and SubG ran tee .
[f an y ponion of this agreement is found by a coun of competent jurisdiction to be void and/or
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unenforceable, it is the intent of the panics that the remaining ponions 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 ___________ ~2004.
SubGrantee : City of Englewood
Signarurc -Douglas Garrett, :-layo r
ATTEST :
Loucrishia A. Ellis, City Clerk
Board of County Commissioners
Arapahoe County, Colorado
Justin A. Hamel on behalfofthe Board of County Commissioners
Pursuant to Resolution #040 121
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PROJECT BUDGE T
COLUMN A COLUMNB COLUMNC COLUMND
hojt<1Acd-Esdmalld TotaJ COIC of CDBGFunds Other Funds Committed
( ..... fl, .,, 11 .. , .... , Acthity
Rehab adnuniscmion SI 0.000 52,000 SS.000
wan/plnl CXJ)CnSCS 548 ,000 m .ooo m.ooo
• TOTAL: SlS .000 525 .000 I Sll,000
SUBGRANTEE AGREEMENT FOR
ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE : CITY OF ENGLEWOOD
PROJECT NAME: HOUSE OF ~,OPE STAFFING
PROJECT NUMBER: ENPS 418
This Agreement is made by and between the Board of County Commissioners of the County oi 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 of Englewood (hereinafter referred to as the
SubGrantee) for the conduct of a Community Development Block Grant (C DBG) Project.
I. PURPOSE
The primary objective of Title I of the Housing and Community C~velopment Act of 1974, as amended,
and of the Community Development Block Grant (C DBG) Program under this Title is the development of
viable urban co mmunities, by providing decent housing, a suitable living environment and ex panding
economic opportuniti es , principally for low and moderate income persons.
The project by the SubGrantee known as the Hous e of Hope Staffing Project (Project) has been categorized
B •
as a Public Services project and the SubGrantee will maintain documentation with the national objective of •
Limited Clientele activities.
The SubGrantee may proceed to incur costs for the Projec t upon receipt of an official "Notice to Proceed"
from the County.
ll. WORK TO BE C01"1PLETED BY THE SUBGR-\.NTEE
The following provisions outline the sco pe of the work to be co mpl eted: ...
The SubGrantee will utilize CDBG funding lo provide staffing at the House of Hope . whic h provides long
term shelter and supporti ve services for homeless fam ilies .
A. Payment
It is expressly agreed and understood that the to tal am ount 10 be pa id by the County wider this
comract shall not excee d SS0,000 .00 . Drawdowns for the payment of eligible expenses shall be
made against the line item budgets specified in the Project Bud get and in acco rdan ce with
performance criteria established in Sec tion Il-C. Th e panies expressl y recognize that th e
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 an y pan thereof, are , or :i ecome . unavailable, then the County may •
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immediately tenninate or amend this agreen:ent. To the ex tent C.R.S. § 29-1-110 is appl icable, 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 otherwise availab le .
Any Project funds not expended and drawn from the County by the deadline identified in Section
II . C. 3. below shall revert to the County and be utili zed for other purposes.
B. Timellne
All Project activities will be comp leted by May 31, 2005 unless this Agreemen t is modified by
mutual agreement of the County and SubGrantee.
C. Performance Criteria
In accordance with the funding application submitted by the Su bGrantee for the Project, the criteria
listed below are to be met during the execution of the Project.
l. Quantifiable Goals :
The SubGrantee will utilize CD BG funds for the contin ued employment of one full time
case manager and one family advocate at the House of Hope (330 1 South Grant Street,
Englewood). Both positions will be employed by Family Tree, whic h pro vides staffing
and services at the facility . By maintaining the two positi ons. the SubGrantee will
provide services for a minimum of 10 homeless families per month for the duration of
the grant period . A total of200 unique persons will be served by the Project.
The SubGrantee may not charge fees or accept do nat ions for se1vices provi ded under
this grant.
2. Community Impact:
Homelessness -crisis management and ability to transition through the continu~ of
care
3. Quarterly Performance Standards:
June 30. 2004:
Septemb er 30 . 2004:
December 31. 2004 :
Provide services 10 10 famili es
20 unique persons se rved
Provide servi ces to 10 famili es each month
50 uniq ue persons served
Provide services to 10 families each month
SO unique persons served
March 31, 2005 :
May 3 \, 2005:
D. Reporting Requir ements
Provide services to IO families each month
50 un iq ue persons served
Provide services to IO families each month
30 uni que persons served
Submit final drawdown and co mpl eti on report to County
I. Project reports will be due within one month following the end of each ca lend ar y~ar
quarter (March 3 \, June 30 , September 30, Dec em ber 31) until the Proj ec t is com pl eted .
2. The official annual audit an d/o r Financial Statements for the SubGrantee in whic h both
re venue s and ex penditures for the CDBG Proj ects described herein are detailed are due
annuall y.
E. Labo r Standards (Davis-Bacon)
It is de tennined that:
Project activit ies do not require com pl iance with federal labo r standards.
F. Environmental Re\'iew
Notwi thstanding any provis ion of this Agreement , the parties hereto agree and acknow ledge that
this Agreement does no t co nsti ru te a co rnrn ittnent of funds or site appro va l, and that such
co rnrn ione nt of funds or ap pro va l may occur onl y upon sati sfac to ry co mpl etion of environmenta l
re view and recei pt by Arapahoe County of a release of funds from the U.S. Departtnent of Housing
and Urban De\'elopment under 24 CFR Part 58. The part ies furt her agree that the prov is ion of an y
funds 10 the project is co nditioned on Arapahoe County's de tenninat ion to proceed with, modi fy, or
cance l the project based on the result s of a subsequent enviro nmental re view .
G. Cniform Relocation Act (UR.\)
Project acti vities do not require co mplian ce wi th the l..i nifonn Relocation . .\ct.
III. RESPO NS IBILITIES OF THE SU BGRANTEE
A. Federal Compliance
The SubG ran tee shall co mpl y wit h all applicable federa l laws. re gula tions and requi rements , and all
provisions of the gran t agreements received from the U.S. Departm ent of Housing and Urban
Deve lopme nt (HUD) by the Co unty. These include but are no t limited to co mplian ce with the
provi sio ns of the Housing md Communi ty De \'e lopment . .\ct of I 97-1 md all rules. regulations,
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guide lines and circulars promul gate d by the various federal department s, agencies , administrations
and commissi ons relating 10 the CDBG Program . A listin g of some of !he app licab le laws and
regulations are as follow s:
I. 24 CFR Pan 570;
2. 24 CFR Pans 84 and 85;
3. Tit le VI of the Civil Rights Act of 1964 ;
4. Ti tl e Vlll of the Civi l Rights Act of 1968;
5. Sections 104(b) and 109 oflhe Housing and Community Development Ac t of 1974;
6. Fair housing regulations established in !he Fair Housing Act , Public Law 90-284 , and
Executive Orde r I I 063 ;
7. Section 504 oflhe Rehabilitation Act of 1973;
8. Asbestos guide lin es es tab li shed in CPD Notice 90-44 ;
9. The Energy Polic y and Conservation Act (Public Law 94-163) and 24 CFR Pan 39;
10. Equal em ployment opportun ity and minority bus iness enterprise regulations estab li shed
in 24 CFR pan 570.904 ;
11. Section 3 of the Housing and Urban Develop ment Act of 1968;
12 . No n-discrim ination in emp loyment, estab li shed by Executive Orde r 11246;
13 . Lead Based paint regu latio ns established in 24 CFR Pans 35 and 570 .608;
14. Audi! requirements es tablished in O\IIB Circular A-133; and
15. Cost prin ci ples es tabli shed in OM:B Circ ul ars A-87 and A-122.
Additionally, in accordance with 24 CFR Pan 570, no employee , official, agent or co nsultant oflhe
SubGran1ee shall exercise any function or respo nsi bility ii, which a co nfli ct of in terest, real or
apparent, would arise . Tile SubGran1ee cannot engage in a federa ll y funded co ntract with any entity
registered in !h e Lists of Parties Excluded From Federal Procurement or Nonprocureme nt
Programs .
B. No n-Appropriation s Clause
The SubGrantee agrees that it wi ll include in ev ery contract ii ent ers , which relies upon CDBG
moni es for funding, a non-appropriation cl ause that will protect itself and the County frolJI, an y
li ability or responsibility or an y suit which might result fro m the discontinuanc e of CDBG funding
fo r any reason. Because this SubGrantee Agreement in volves funds from a federa l grant. lo the
extent !here is a conflict the funding prov isions of this SubGrantee .-'.greement. th e federal grant and
the federa l starutes contro l rather than the provisions of Secti on 24-9 I-I 03 .6, C.R .S. with regard to
any public wo rk projects .
C. Expenditure Restrictions
All CD BG funds that are appro ve d by HUD fo r exp end irure under th e Coun ty's gran t agreement ,
inclu ding those Iha! are iden tifie d for the SubGrant ee's Projects and acti vities, shall be all oca ted 10
!he specific projec ts and activities de scri bed and listed in the grant agree ment s. The allocated fund s
shall be used and expended only for the projects and activit ies for which the fund s are identified .
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D. Agreement Changes
No projects or acti vities , nor the amount allo cated the refo r, may be changed wi thout approval by •
the Co un ty and acc eptanc e of the re vised Final Statement and/or Consolidated Plan by HUD, if
required. Changes must be reque sted in writ ing and may not begin until a modificatio n to this
Agreement is fully exec uted.
E. Direct Project Supervision and Administration
The SubGrantee shall be responsible for the direct supervision and admini strati ,n of its respective
projects or activities. This task shall be accomplished through the use of the .:lubGrantee's staff,
agency and employees . The SubGrantee shall be responsible for any injury 10 persons or damage to
property resulting from the negligent acts or errors and omissions of its staff, agents and emp loyees.
Because the SubGrantee is responsible for the direct supervis ion and administtation of its projects
or activities, the County sha ll not be liable or responsible for cost overruns by the SubGrantee on
any projects or activi ties . The County shall have no duty or obligation to provide any additional
funding 10 the SubGrantee if its projects or acti vities cannot be completed with the funds allocated
by the County to the SubGrantee. Any cost overruns shall be the so le responsibility of the
SubGrantee .
I. The SubGrant ee agrees that all funds allocated to it fo r appro ve d projects or activities
shall be ·. ,,d solely for the purposes appro ved by the County . Said funds shall not be
used for an y non-approved purposes .
2. The SubGrantee agrees that the funds allocated for an y appro ved projects or activ ities
shall be suffic ient to complete said projects or activities without any additional CDBG
funding.
F. Indemnity
To the exce nt allowed by law , the SubGrantee shall indemnify and hold harmless the County and its
elected and appointed officials. officers . emplo yee s and agents from and agai nst an y and all IQSses,
damages , liabilities , claims . suits , actions or costs , including att orn eys fees, made , ass erted or
incurred as a result of any damage or alleged damage 10 person or property occas ioned by the acts
or omi ssions of SubGrantee. its officers , empl oyees, agents. contractors or subco ntract ors . ari sing
out of or in any way co nn ected wi th the Project or the performan ce of this co ntract.
G. Bo nding and Insu r ance
If the SubGrantee's projects involve constructi on acti vi ties. an y Contract or it uses fo r said acti vities
sha ll be requ ire d 10 pro vi de and maint ain . until fi nal ,cceptanc e by the SubGran tee of ,11 work by
such Contract or, the kinds and minimum amou nts ofinsur.lllc e as follow s:
I. Comprehensive Genera l Liabil ity : [n the amo unt of not less than S 1.000,000 combined
single limit. Cove ra ge 10 include :
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Premises Operations
Products/Completed Operations
Broad Form Co ntractual Liability
Independent Contractors
Broad Form Property Damage
Employees as Additional Insured
Personal !J1j ury
Arapahoe County and the SubGrantee as Additional Named Insured
Waiver of Subrogation
2. Comprehensive Automobile Liability: In the amount of not less than S 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 Workers Compensation Insurance that will protect
it against any and all claims resulting from injuries 10 and death of workers engaged
in work under any contract funded pursuant to this agreement. Coverage lo include
Waiver of Subrogation.
4 . All referenced insurance policies and/or certificates of insurance shall be subject lo
the following stipulations:
a. Underwriters shall have no rights of recovery subrogation against Arapahoe
County or the SubGrantee; it bein 5 the intent of the parties that the insurance
policies so effected shall protect the parties and be primary coverage for any
and all losses covered by the described insurance.
b. The clause entitled "Other Insurance Provisions " contained in any policy
including Arapahoe County as an additional named insured shall not apply
to Arapahoe County or the SubGrantee .
c. The insurance companies issuing the policy or polic ies shall have no
recourse against Arapahoe County or the SubGrantee for payment ~ any
premiums due or for any assr-;•ments under any form of any policy.
d. Any and all deductibles con la. ~ed 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
complied with the foregoing insuranc e requirements. The SubGrant ee shall also
submit a copy of the Contractors certificates of insurance 10 the County.
6. Notwithstnnding the provisions contained in this paragraph (H) set forth
hereinabove . the County reserves the right to modify or waive sa id provisions for
project: oi• activities for which these prov isio ns would prove prohibiti ve. The
SubGrantee understands, however, 1hat the decisio n to waive or modify those
provisions is full y within the discreti on of the County .
In accordanc e wi th 24 CFR pans 84 and 85, th e fo llowin g bonding require ments shall appl y to all
projects exceed in g the si mplifi ed acq ui sition threshold :
1. A bid guarantee fro m eac h bidde r equiva lent to 5% of the bi d price ;
2. A perfo rm ance bond on the pan of the co ntract or for I 00% of the co ntract price: and
3. A payment bond on the pan of the co ntractor for 100% of the contrac t price .
H. Records
The SubGrantee shall maintain a complete set of books an d reco rds 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 complianc e, as we ll as financ ial and oth er
administrative aspects involved in performin g the Project. The Sub Grantee shall provide full
access to these books and records to the Co un ty, the Sec retary of HUD or his designee, the Office
of Inspector General, and the General Accounting Office so that co mp liance wi th Federal laws and
regulations may be confirmed . The SubGrantee funher agrees 10 provide 10 the Co un ty upon
request, a copy of an y audit repo ns penaini ng 10 the SubGrantee's financial operatio ns durin g the
term of this Agreement. All records penaining 10 the Project arc to be maintain ed for a minim um
offive years fo llo wing close-out of the Project.
I . Reporting
The SubGrantee shall file al l repons and other informatio n necessary to co mpl y wi th ap pli cable
Federal laws and regulations as required by the County and HUD . This shall include provi ding to
the County the info rmation necessary to co mpl ete annual Performance Rcpons in a timel y fas hi on.
J. Timeliness
The SubGran tee shall comply wi th the quarterly performance stand ards establi shed in Sec ti o1J,.IJ -C
of this Agreement. The SubGrantee und ers tands that failure to compl y with the e~tablish ed
standards may lead to a cancellation of the P:ojec t and a lo ss ofall unexpend ed funds.
K. Reimbursement for Expenses
The SubGrantee agre..-s that before the County can distrib ute an y CDB G fu nd s to it, the Su bGran tee
mu st submit to the Coun ty's Housing and Co mmun ity Deve lop ment Serv ic es Divisio n
doc umentati on in the form requi red by tha t Divisio n which proper!: J11d full y ide nti fies the amoun t
which th e SubGrante e is requesting at that ti me . The County shall have ten (10) working days to
re view the requ es t. Upon appro va l of the req uest. the Co un ty will distribute the requested fonds 10
the SubGrantee as soo n as possible .
L. Program Income
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Grant Program rec eived by the SubGrantee will be retained by the SubGrantee and will be
disper.;ed for its approved CDBG Project acti vities before addirio nal CDBG funds are requested
from the County. Following co mpletion of the SubGr:llltce's Arapahoe Co un ty CDBG Projects, all
program income directly generated from the use ofCDBG funds wi ll be remitted to the County.
M. Real Property
Real property acquired in whole or in pan with CDBG funds sha ll be utili zed in accordance with
the sco pe and goals identified in Sections I and [I 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 of 24 CFR Puns 84 or 85 (as applicable) regarding the
use and disposition of real property.
N. State and County Law Compliance
All responsibilities of the SubGrantee en umerated herein shall be subject to applicable State
starutes and County ordinances , resolutions, rules . and regulations .
O. Subcontracts
If subcontracts are used on the Project , the SubGrantee agrees that the provisions of this Agreement
• shall appl y to an y subcontract.
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P. Suspension or Termination
Tiu s Agreement may be suspended or terminated by the County if th e SubGrantee materially fails
to compl y with an y term of this Agreement. Tius Agreement may also be terminated for
convenience by murual agreement of the County and the SubGr:lllt ee.
Q. In the ev ent that the Unit of General Loca l Go.,emment sho t.i d withdraw from the CoJalllty'S
"Urban Co unty " de signation , this .-\gre ement shall terminat e as of the terminati on date of the
Coun ty's CDBG grant .-\greemc nt with HUD .
R. The Sub Grante e ce ni fies that to the best of its knowle dge and be li ef:
I. No Federal approp riat ed funds have been paid or will be paid , by or on behalf of it,
to any per.;on fo r influ enci ng or atte mpting to influ enc e an offic er or employee of
an y agency, a Member of Congress, an offic er or emplo yee of Congress . or an
em pl oyee of a \-!ember of Congress in co nnection with the awarding of an y Federal
co ntract , the making of an y Federal grant , the making of any Federal loan, the
entering into of any cooperative agreement , and the extension . continuation ,
renewal , amendment , or modifi cation of any Federal contract , grant. loan. or
cooperative agreement ; and,
2. If any funds ot her than Federal ap prop ri ated funds have been paid or will be paid to
an y perso n for influ enci ng or attempting to influenc e an officer or emplo yee of any
agency, a Me mb er of Co ngress , an officer or emplo yee of Congres s. or an employee
of a Memb er of Congress in conn ect ion with this Federal contract , grant, loan , or
coo perati ve agreement , it will complete and submit Standard Form-LLL,
"D isclosure Fo rm to Report Lobbying," in acco rdance wi th its instruc tions .
S. l}isallowance
If it is determined by HUD or oth er fede ral agency that the expendirure, in whole or in part, for the
SubGrante e's Project or ac ti vity was improper, inappropriate or ineligible for reimbursem tnt, 1,hen
the SubGrantee sha ll reimburse the Co unty to the full extent of the disallowance.
IV. RESPONSIBILITIES OF THE COU NTY
A. Administrative Control
The Parties recogr.ize and understand that the County wi ll be the governmental enti ty required to
execute all grant agree ments received fro m HUD purs uant to the Co un ty's requests fo r CDBG
funds . Accordingly, the SubGrantee agrees that as to its proj ects or activities performed or
conducted under an y CDBG agreement , the Co un ty sh all have the necessary administrative co ntrol
required to meet HliD requirements.
B. Performance and Compliance Monitoring
The County's administrative obli gations to the SubGrantee pursuant to paiagra ph A abo ve shall be
li mited to the performance of the administrati ve tasks nec essary to mak e CDBG funds avai lab le to
the SubGrantee and to pro vide a Mo nitorin g Specialist whose job it wi ll be to moni tor the various
projec ts funded wi th CDBG moni es to monitor complianc e with applicable Federal laws and
regulations.
C. Reporting to HIJ D
The Coun ty will be responsible fo r seei ng that all necessary reports and informat io n requir ed of the
Coun ty are filed wi th HUD and other ap pli cab le Federa l ag encie s in a timel y fash ion.
V. EXTE NT OF THE AGRE D I ENT
This agreement. including an y docume nt s attached as ex hibits wh ich are hereby incorpo rat ed herein
by reference. represents the ent ire and int egrated agreement betwee n the County and SubGrantee
and sup ercedes all pri or nego ti ati ons, rep resentat ions or agrc:me nt s, either ,vrinen or ora l. Any
am endm ents 10 this •greeme nt must be in writing and signed by bo th the County and SubGrantee.
If any portion of this agree ment is fo und by a court of co mpetent jurisd icti on to be voi d and/or
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unenfo11:eable, it is !he intent of !he panies !hat the remaining portions of this agreement shall be of
full fo11:e and effect.
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In Witness Whereof, the Panics have caused this Agreement to be duly executed this ______ day
of ____________ ~ 2004 .
SubGrantee : City of Englewood
Signarure -Douglas Garrett, :1ayor
ATTEST:
Loucrishia A, Ellis, ~ity Clerk
Board of County Co mmissioners
Arapahoe County, Colorado
Justin A. Hamel on behalfofthe Board of County Commissioners
Pursuant to Resolution #040121
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PROJECT BUDGET
COLUMN A COLUMNB COLUMNC COLUMND
Proj-a ActMdeti Esdm11td Total Cost or CDBG Funds Otbtr Funds Committed
(,pedty by II .. ilffll) ActM<y
S1allin1 eJPmKS 5274.5)5 s;o,ooo 5224.SJS
TOTAL: S274.535 s.50.000 S224J)j •
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SUBGRAl"I/TEE AGREEMENT FOR
ARAPAHOE CO UN TY
COMMUNITY DEVELOPME NT BLOCK GRANT FUN DS
SUBGRANTEE: CITY OF ENGLEWOOD
PROJECT NAME : HOMEOWNER FIX-UP
PROJECT NU MBER: ENHS 416
This Agreement is made by and be tween the Br,ard of Cowity Commissioners of the Cowity of Ar•pahoe,
State of Co lorado. fo r the Community Devel o:ment Block Grant Program in the Community Services
Depamn en t (hereinaft er referred to as the Co wi ty) and the City of Eng lewood (hereinafter re ferre d to as 1he
SubGrantee) for the co ndu ct of a Co mmunity Development Block Grant (CD BG) Proj ect.
I. PURPOSE
The primary obj ec ti ve of Titl e I of the Housi ng and Co mmuni ty Development Ac t of 1974, as amended .
and of the Commwiity De ve lopm ent Bl ock Grant (CD BG ) Pro gram wider this Title is the deve lopment of
viable ur ban co mmunities, by pro viding decent housin g, a suitabl e livi ng envi ronm ent and ex panding
economic op porruniti es, principall y fo r low and moderate incom e persons .
The project by the SubGrantee kno wn as the Ho meowner Fi x-up Project (Project ) has been categorized as a
Housing Rehabilitation projec t and the Sub Grantee will maintair. documentation with the natio nal
objecti ve of Low/Moderate Income Housin g acti vities . •
The SubGrantee may proc eed to incur costs fo r the Project upon recei pt of an official ''Notice to Proceed"
from the County.
U. WORK TO BE COMPLETED BY THE SUBGRANTEE
The follow in g provisions outlin e the sco pe oflhe wo rk to be co mp leted:
The SubG rantee will uti lize CDB G fu ndin g to provi de grant s to inc ome eli gi bl e homeo wners for exterior
home improvemen ts. The intent of the projec t is bo th to impro ve the Englewood's existing housing stock,
as well as impro ve the visual ap pearan ce of deteriorated neighborhoods . Typic al im provements may
incl ude (b ut are not nece ssari ly limited 10) paint. sidin g, windows, roofs . and xerisca pin g .
. .\. Payment
11 is ex pressl y agreed and un ~e too d that the tota l amount 10 be paid by the County under this
co ntract shall not exceed S45 ,n0 0.00 . Drawd owns fo r the payment of eligibl e ex penses shall be
made aga ins t the line it em iudgets speci fled in the Project Bud ge t and in acco rdance with
performance crite ria es tabli shed in Secti on Il -C . The parties express ly recogni ze that the
SubGran tee is to be pai d wi th CD BG funds recei ved from the fe deral government , and that th e •
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ob li gation of the County 10 make payment to SubGrantee is contingent upon receipt of such funds.
In the event 1ha1 said funds, or my pan thereof, are , or become , unavailable, then the County may
immediately lerminal c or amend this agreement . To the extent C.R.S. § 29-1-110 is applicable, any
financial obl igation of the County to the SubGran1ee beyond the current fiscal year is also
contingent upon adequate funds being appropri at ed , budgeted and otherwise available.
Any Project funds nol expended and drawn from the County by the deadline identified in Section
Il . C. 3. below shall reven 10 the County and be utilized for other purpose s.
B. Timellne
All Project activities ·.viii be co mpleted by May 31, 2005 unl ess 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 10 be me1 during the execution of the Project.
1. Quantifiable Goals:
The SubGran1ee will provide grants 10 renovate the exterior of nine owner occup ,. ,
homes . Grants are not 10 exceed S4 ,000 each, and will require a 20% match from each
homeowner .
All improvements completed under this grant are 10 be performed in compliance with
applicable local or industry codes and standards .
2. Community lmpact
Affordable housing -stability md housing quality
3. Quanerly Performanc e Standards :
June 30, 1004:
Septemb er 30 , 1004:
December 3 1, 2004:
March 31, 2005 :
May 3 1, 2005:
Hire intern 10 perform project
Program marketing
Provide one renovation grant
Provide two renovat ion grants
Provide three reno"ation grants
Pro vide three renovation grants
Complete all renovations funded by project
D.
Submit fina l drawdown and co mpleti on re port 10 Co unty
Reporting Requirements
I. Projec t re ports wi ll be due wit hin one month fo ll ow ing tl1e en d of each calendar year
quarter (Ma!'Ch 3 1, June 30, Se pt embe r 30 , December 3 1) until the Project is completed.
2. The officia l annual audi t an d/o r Financial S1atem en1 s fo r lhe Sub Grantee in whi ch bo th
reven ues and ex pend itures fo r th e CD BG Proj ects described herei n are de tail er'. are due
annually.
E. Labor Standards (Da vis-eaco n)
It is detennined !hat:
Proj ect ac ti vi ties do not require co mpliance with federal labo r standards .
F. Environmental Review
No twithstandin g an y provision of this Agre< -nen t. the panies he reto agree and acknow ledge 1hat
this Agreeme nt does nol constin11e a comm itment of fu nds or site approva l, and th at such
co mmitment of funds or approva l may occ ur onl y upon satisfactory completion of environmental
review and rece ipt by Arapahoe County of a re lease of funds fro m lhe U.S. Departme nt of Housi ng
•
an d Urban Development under 24 CFR Part 58 . The pan ies funhcr agree that the provis ion of any •
funds 10 the project is co ndi tio ned on Arapahoe County's detennination 10 proceed wi th , modify, or
cance l 1he project based on the re sults of a subsequent enviro nmental re view .
G. Uniform Reloc ation ..\cl (UR.\)
Project activi tie s do not require co mpli ance wi th the l 'nifo nn Reloca tion . .\ct.
H. Lead Ba sed Paint
The SubGrantee wi ll com pl y wi 1h County policies and all state and fe dera l regulations and
guideli nes rela te d 10 minimi zin g lead hazards in re side nti al pro perties . inclu ding ~4 C"R Part 35
and Co lorado Regulatio n :-lumber 19 .
III . RE SPONSIBILITIES OF THE SU BGR.\.NTEE
..\. Feder al Co mpli anc e
The SubG ran tee shall co mpl y wi th al l appl icable federal laws , regu lati ons and requirem ent s. and al l
pro visions of the gr ITT t agreement s rec eived fro m the U.S. Department of Housing and Urb an
Devel opm ent (HUD J by the Co unty. Thes e include but arc no t li mited to cc,npl iance wi th the
prov isions of the Housing and Comm uni ty De ve lopm ent Act of 197-1 and all ruies. regulations , •
•
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•
guidelines and circulars promulgated by the various federa l departments , age ncies, admi ni strations
and commissions relati ng to the CD BG Pro gram. A listing of some of the appl icab le laws and
regu lation s are as follows :
I. 24 CF R Part 570;
2. 24 CFR Parts 84 and 85 ;
3. Title VI of the Civil Rights Act of 1964;
4. Title vm of th e Civi l Rights Ac t of 1968;
5. Sections 104{b) and 109 of the Housing and Comm uni ty Developme nt Act of 1974;
,: Fair housing regu lati ons established in the Fa ir Housing Act, Public Law 90-284, and
Exec uti ve Order l 1063 ;
7. e.:ti on 504 of th e Rehabilitation .-\ct of 1973;
R. As bes to s guideline, est ablished in CPD Notice 90 -44 ;
9. The Energy Polic y and Conservation Act (Pu bli c Law 94-163) and 24 CFR Part 39;
10. Eq ual employment op portunity and minority busin ess enterpri se regulation s es tablished
in 24 CFR part 570.904;
11 . Section 3 of the Housing and Urban De velo pm ent Act of 1968;
12. Non-d isc riminati on in employment, establ ished by Executi ve Order 1 1246 ;
13 . Lead Based paint regu lat ions esta blished in 24 CF R Pans 35 and 570.608 ;
14 . Audit requirements es tabli shed in 0MB Circular A-133; and
15 . Cost princip le s esta bli shed in Ol\1[8 Circulars A-87 and A-122.
Additionall y, in acco rdance wi th 24 CF R Pan 570, no em pl oyee, offici al, age nt or co nsultant of the
SubGrant ee shall exerc ise any function or responsibility in which a conflict of int eres t. rea l or
apparent, would arise. The SubGrantee cannot engage in a federally funded co ntract with an y entity
regis tered in the Lists of Parti es Excluded From Federal Procurement or No nprocurem ent
Programs .
B. No n-Appropriations Clause
The SubGrantee agrees tha t it wi ll include in every con tract it en ters. whi ch relies upon CDB G
moni es for fu ndin g, a non-ap propriation cla use that wi ll pro tec t itself and the Co un ty fro ru. an y
liabiliry or responsib ility or any sui t which might resu lt fr om the discontinuance of CDBG funding
fo r any reason. Because this SubGrantee .-\greemenr invo lves funds fro m a federa l gran t, to the
extent there is a co nflict the funding provisions oithi s SubGrantee .-\gree ment . the federa l gran t and
the iederal statutes con trol rather than the provisi ons of Sectio n 24-91-103 .6. C.R.S. wi th regard to
any public work projects .
C. Expenditure Res tri ct ions
All CD BG funds that are app roved by Hl..iD fo r expe ndi ture under the County's grant agreement.
incl ud ing tho se that are identified for the SubGran tee's Projects and ac nv ities , shall be alloca ted 10
the specifi c proj ects and activitie s described and li sted in the gran t 1'l]'ee ments. The allocated funds
shall be used and expended onl y fo r the projects and acti vi ties for wluc n e funds are identified .
4
D. Agreement Changes
No projects or activities , nor the amount allocated therefo r, may be changed without approva l by •
the County and accep tance 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 10 this
Agreement is fully exec uted .
E. Direct Project Supervision and Administration
The SubGrantee shall be responsible for the direct supervisio n and admi nistration of its respective
projects or activ it ies. Titis task shall be accomplis hed through the use of the SubGrantee 's staff,
agency and emp lo yees. The SubGrantee sha ll be resp onsible for any injury to persons or damage 10
property resulting fro m the negligent acts or errors and omissio ns of its staff, agents and employees .
Because the SubGrantee is responsible for the direct supervi s; JO and administration of its projects
or activities, the Co unty shall not be liable or responsible 1i,1 cost overruns by the SubGrantee on
any projects or activities . The County shall have no duty or obligation to provide any add itional
funding to the SubGrantee if its projects or acti vities cannot be com pleted wi th the funds all ocated
by the County to the SubGrantee . Any cost overruns shall be the sole re spo nsibili ty of the
SubGrantee.
I. The SubGrantee agrees that all funds allocated 10 it for approved projects or activi ties
shall be used sole!~ for the purposes appro ved by tl ,• <'."o unty. Said funds shall not be
used for any non-approved purpo ses .
2. The SubGrantee agrees that the funds alloc ated fo r any ap pro ved projects or activities
shall be suffic ient 10 complete said projects or activities without an y addit iona l CDBG
funding.
F. Indemnity
To the ex tent allowed by law , the SubGrantee shall indemnify and hold harmless the County and its
elected and appo inted offic ials, officers, empl oyees and agents from and agains t any and all l<J,Sses ,
damages , liabilities, claims, sui ts, action s or co sts . including ano meys fees. made. assert ed or
incurred as a resull of any damage or alleged damage 10 person or property occasio ned by the ac ts
or omiss ions of SubGrantee , its officers , employe es. agents. contractors or subcontrac to rs , arisi ng
out of or in an y way connect ed with the Project or the perfonnance of this contra ct.
G. Bonding and In suran ce
If the SubGrante e's projects in vol ve construction act ivities , an y Contractor it uses fo r said acti vitie s
shall be required to provid e and maintain. until final accep tan ce by the SubGran 1ee of all work by
such Conrractor, the kinds and mi nimum amounts of insurance as follows :
1. Comprehensive Ge nera l Liabi li ty: In the am ount of not less than S 1,000,000 combined
single limil. Co verage to include :
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•
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•
a.
b .
C.
d.
e.
f.
g.
h.
i.
Premises Operations
Products/Co mpleted Operations
Broad Form Contractual Liability
Independent Contractors
Broad Form Property Damage
Employees as Additional Insured
Personal Injury
Arapahoe County and the SubGrantee as Additional Named Ins ured
Waiver of Subrogation
Comprehensive Automobile Liability: In the amount of not less than $1,000,000
combined single limit for bodil y injury and property damage. Coverage to include:
a. Arapahoe Cmmty and the SubGrante e as addi tio nal Named Insured
b. Waiver of Subrogation
3. Employers Liability and Workm Compensation: The Contractor shall secure and
maintain empl oyer's liability and Worker's Compensation Insurance that will protect
it against any and all claim s res ulting from injuries 10 and death of workers engaged
in work wider any contract funded pursuant to this agreemem. Coverage to include
Waiver of Subrogation .
4. All referenc ed insurance policies and/or certificac es f insurance shall be subject 10
the following stipulations:
a. Underwriters shall have no rights of recovery subrogacion against Arapahoe
County or the SubGrantee; it being the intent of the parti es that the insurance
policies so effected shall protect the parties and be primary coverage for any
and all losses covered by the described insurance.
b. The clause entitled "Ocher Insuran ce Prov isions " conrai ned in any policy
including Arapahoe County as an additional named insured shall not appl y
10 Arapahoe County or the SubGrantee .
c. The insuranc e co mpanies issuing the policy or polic ies shall have no
recourse against Arapahoe County or the SubGrantee for payment o,f any
premiums due or for any assessments under any form of any policy. ~
d. Any and all dedu ccib les contained in any insuranc e pol icy shall be assumed
by and at the sole risk of the Contraccor.
5. Certificate of Insuranc e: The Conrraccor shall noc co mmence wo rk under any
contract funded pursuant 10 chis Agreeme nt until he has submitted 10 che
SubGrantee , rece ived approval thereof. cert ifi cates of insurance showing that he has
complied wic h che fo regoing insurance requirem encs. The SubGrantee shall also
submit a cop y ofche Comraccor's certificates of insurance 10 che County .
6. Notw ithscanding the provisions concained in this paragra ph (H) set forth
hereinab ove, the County reserves che righc to modify or wai ve said provisions for
projects or activities for which these pro visions would p.rove prohibitive . The
SubGran1ee unders tands , how ever, that lhe decision 10 waive or mo di fy th ose
provisions is fu ll y wi thi n lhe discretio n oftl1e County.
[n acco rd ance with 24 CFR pans 84 and 85, lhe fo ll owi ng bond in g requ irements shall app ly 10 all
proje ~ts exceedi ng 1he si mpl ified acquis ition threshold:
I A bid guarantee fro m eac h bidde r equivalent to 5% of1he bi d price;
2. A performance bond on the pan of the co ntractor fo r 100% of the contract price ; and
3. A payment bond on the pan of the contractor for 100% of the contract price .
H. Records
The SubGrantee shal l maintain a complete se t of books and records doc um entin g its use ofCDBG
funds and its supervision and administration of the Projer;c. Records are to include documentation
verifyi ng Project eligi bility and national objective compl ian ce, as we ll as financial and other
administrative aspects involved in performing the Project. The Su bG rantee shall provide full
access to these books and records lo the County, the Secretary of HUD or his designee, the Office
of Inspector General, and the General Accounting Office so that complianc e with Federal laws and
regu lations may be confirmed . The SubG ran 1ee funher agrees to prov ide to the County upon
request, a co py of any audit repons penaining 10 1he SubGrantee 's fi nanci al operati ons during the
term of this Agreement . All records penainin g to the Project are to be maintained for a minimum
offive years following close-out of1he Project.
,. Reporting
The SubGrantee shall file all reports and other information nec essary to co mpl y with applicable
Federa l laws and regulations as requir ed by the County and HUD. This sha ll include pro vi din g to
1he County 1he information necessary to co mplete annual Perfo rman ce Reports in a tim el y fashio n.
J. Timelin ess
The Sub Gran1ee shall comp ly with the quanerl y perform ance standards establi shed in Scctio11-Il •C
of this Agreemenl. The SubGrant ee unders tands 1hat failure to co mp ly wi th the es tablished
standards may lead 10 a can cell at io n of the Proj ec t and a loss of all un expe nded funds .
K. Reimbursement for Expens es
The Sub Gran te e agrees that before the Co un ty can distribute an y CD BG funds to it, 1he SubGran1ee
mu st sub mit 10 the Co un ty's Housin g and Community Deve lop ment Services Di vis ion
doc um entati on in the fo rm required by that Di visio n whi ch properl y and fully ide nt ifies the amount
which the SubGramee is req uesti ng >t that time. The County shall have 1en ( I 0) wo rking days to
re view the req ues t. Upon appro va l of th e request, the Co un ty wi ll distrib ute 1he req ues ted fu nds 10
the SubGrantee as soo n as poss ib le .
L. Program Income
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All program inc ome directl y deri ved fro m the Ara pah oe County Community De velopment Block
Grant Program received by the SubGrantee will be reta in r:d by the SubGrantee and wi ll be
dispersed for its approved CDBG Project ac ti vi ties before ajditional CDBG funds are requested
from the County. Followin g completion of the SubGrantee's Arapahoe Co un ty CDBG Proj ects, all
program incom e directly generated from the use ofCDBG fimds will be remined to the County.
M. Real Property
Real prop erty acquired in whole or in part wi th CD BG fund s shall be utili zed in accordance with
the scope and goals identifi ed in Sections I and Il of this A ;1 ce mem. Should the pro pe rty in
question be sold or othe rwise disposed of, or the approved pro perty usage di sco ntinued , the
SubGrantee shall adhere to the requir ~ments of24 CFR Parts 84 or 85 (as applica ble ) regardi ng the
use and di sposition of rea l property.
N. State and County Law Compliance
All res ponsibilit ies of the SubGrantee enumerated herein shall be subj ec t to appli cabl e State
statutes and Co un ty ordinances , resolutions, rules, and regu lati ons .
0. Subcontracts
If subcontra cts are us ed on th e Project . th e SubGrantee agrees tha !h e pro vis ion s of this Agreemen
shall apply to any su bcontract.
P. Suspension or Termination
This Agree ment may be suspended or terminated by the Co un ty if the SubGrantee mate riall y fai ls
to co mpl y wi th any term of this Agreement. Thi s Agreement may also be terminated for
co nvenienc e by mutual agree ment of the County an d the SubGrantee .
Q. In the even t that the Uni t of General Local Governme;it shnuld wit hd raw fr om the Co!!l'ty's
"Urban Co unty" designation. this Agreeme nt shall terminate ~.s of the termination dfite of the
Co unty's CDBG grant Agreement with HUD.
R. Th e SubGrante e cenifies that to ;h~ bes .fi ts knowledgt ;md ·
I. No Federal appropriated fund s have been paid or wi ll be paid , by or on beh alf of it ,
to any person for influencing or anempt ing 10 influence an o fficer or emplo yee of
an y agenc y. a Member of Congress, an office r or emp loyee of Co ngress, or an
empl oyee of a Member of Co ngress in co nnec tion with th e awarding of an y Federal
contract, th e making of any Federa l grant , th ,: making of any Federal loan , the
ent erin .1.; into of an y cr,.,perative agreement, and the extension, cont inuation,
rene wa l, an1e ndment , or modification of an y Federal contract. grant, loan , or
cooperative agre em ent ; and ,
8
2. If an y funds 01her than Fe deral appropria1ed funds have been paid or will be paid 10
an y person for influ encin g or anempl ing to influence an officer or emplo yee of any
age ncy, a \ll emb er o f Congress, an officer or emplo yee of Congress , or an employee
of a Memb er of Co ngres s in conn ec1i on with this Federal co 0 tract, grant , loan, or
cooperati ve agr eem ent , it will complete and submit S1andard Fonn-LLL,
"Di sclo sure Fonn to Report Lobb yi ng," in accordanc e wi1h its instructions .
S. Disallowance
If ii is detennined by HUD or oth er fed eral agenc y that the expenditure, in whole or in part, for the
SubGrantee's Project or acti vity was improper, in appropriate or ineligible for reimbursement, then
the SubGrantee shall reimburse lhe County to 1he full extent of 1he disallowance.
IV . RESPONSIBILITIES OF THE COUNTY
A. Administrative Control
The Parties recogni ze and und erstand that 1he ':a un ty will be th e go vernmental enti ty requi red 10
execute all grant agreements rec eived fro m HUD pursuant 10 1he County's requests for CDBG
funds. Accordin gly, the SubGrantee agrees 1hat as 10 i1s projecls or acti vities perfonned or
conduc1ed under any CDBG agreemen t. the Co unty shall have 1he necessary administrative control
required to meet HUD requirements .
B. Performance and Compliance :Vlonitoring
The County's adm ini strative obligation s 10 the SubGrantee pursuant to paragraph A ab ove shall be
limit ed to the pe rfo nnance of the administrati ve 1asks necessary to make CDBG funds ava il able 10
the SubGrantee and to pro vide a Monitorin g Specia li st who se job it wi ll be 10 monitor the various
projects fund ed with CDBG mo nies 10 monitor complian ce wi 1h applicabl e Federa l laws and
regula1ions .
C. Reporting to HUD
The Coun ty wi ll be responsible fo r seeing thal all nece ssary reports and info nn ati on re quired of 1he
County are fi ltd with HUD and other applicable Fe deral agencies in a lim ely fash ion.
V. EXTENT OF THE AGREEMENT
Thi s agree ment . inc lud ing an y docum ents att ached as exhibits which are hereby inc orporate d herein
by referenc e. repres ent s the enti re and integra1ed agre em ent betwee n the Cou nty and SubGrantee
and superccdes all prior negotia tion s. repr es ent ations or agreement s, eith er writt en or oral. An y
'\ll1endmen1 s 10 lhi s agre ement must be in writin g and signed by bolh the County an d SubGramee .
.f an y portion of 1hi s agre em ent is fo und by a .o un of comp ete nt juri sdiction 10 be void an d/or
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•
•
unenforceable, it is the intent of the parties that the remaining portions of this agreement shal l be of
full force :llld effect.
. ...
10
In Witness Whereof, the Parties have caused this Agreement to be duly executed thi s ______ day
of ___________ __, 2004.
SubGrantee: City of Englewood
Signature -Doug1as Ga rrett, J1ayor
A'J:'l"ES 'l':
Loucrisnia A . Ells, City Clerk
Board of County Commissioners
Arapahoe County, Colorado
Justin A. Hamel on behalfofthe Board of County Commi ssioners
Pursuant to Resolution #040 121
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PROJECT BUDGET
COLUMN A COLUMNB COLUMNC COLUMND
l'nlject .. --.. £sd-Uid TotaJ COit or CDBGFulNb Other Fuacb Committed
(.,...tly by 11 .. ;..,., AttM ty
lntcm salmyapcnses S6.000 S6,000 so
Project 2dm1n1Stratlvt expenses 56,000 SJ ,000 SJ,000
Gnn i expenses $4 3,000 SJ6 ,000 S7 ,000
TOTAL: S,5,000 S45 ,000 SI0,000
...
•
SUBGRAt~TEE AGREEMENT FOR
ARAPAHOE COUNTY
CO MJ'\-IUNITY DEVELOPMENT BLOCK GRAl'ff FUNDS
SUBGR'\i"I TEE: CITY OF ENGLEWOOD
PROJECT NAME: RENTAL FIX-UP
PROJECT NUMBER: ENHS 417
Thi s Agreeme nt i~ made by and between the Board of Co unty Commissioners of the County of Arap ah oe,
State of Colorado, for the Community De velo pm ent Block Grant Program in the Community Serv ices
Department (hereinafter referred to as the County) and the City of Englewood (herei nafter referred to as the
SubGrantee for the conduct of a Community De ve lopment Block Grant (C DBG) Project.
I. PURPOSE
The primary objective of Title I of the Housin g and Community De ve lopment Act of 1974, as amended ,
and of the Community De ve lopm ent Block Grant (C DBG) Program under this Title is the de ve lopment of
viable urban co mmunities , by prov iri ing decent housing, a suitable livin g environment and ex panding
economic opportunitie s, princi pall y for low and moderate income persons .
The project by the Sub Grantee known a.s the Rental Fi x-up Project (Project) has been categorized as a
Housing Rehabilitation project and the Sub Grnnt ee will maintain documentation wi th the national •
objecti ve of Low/Moderate Income Housing act ivities.
The SubGrantee may proceed to incur costs fo r the Project upon recei;,t of an officia l "No\ice to Proceed"
from the County.
II . WORK TO BE COMPLETED BY THE SUBGRANTEE
The followi ng provisions outli ne the sco pe of th• wo rk to be com pleted :
The SubGrantee will utilize CDBG funding to provide grants for exterior improve ments to rent er occup ied
housing wit hin the City of Englewood. The intent of the project is ha th to imp rove the Englewood's
exis ting LJ us ing stock, as well as impro ve, the visual appearance of deteriora ted neighborhoods. Typical
improvements ma y incl ud e (but are n,i t nece ss arily li mited to) paint. sid ing, window s, roofs , and
xeriscaping.
A. Pa y ment
It is ex press ly agreed and understood tha t the total JJ110unt to be paid by the County und er thi s
co ntract shall not exceed $30,000.00 . Drawdowns fo r the payment of el igi ble ex pens es shall be
mad e again st the lin e ite m budgets specified in the Project Bud ge t and in acco rd ance wit h
perfo rm ance cri teri estab li shed in Sec tion U-C. The panics exp ressl y recogni ze th at the •
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•
SubGrantee is to be paid with CDBG funds received from the federal governmen t, and that the
obligation of the County to make payment to SubGrantee is comingt"ll upon recei pt of such funds .
In the event that said funds, or any part thereof, are, or become, unavailable, then the County may
immediately tenninate or amend this agreement. To the ex tent C.R.S. § 29-1-110 is applicable, any
financial obligation of the County to the SubGrantee beyond the current fiscal year is also
contingent upon adequate funds being appropriated, budgeted and otherwise available.
Any Project funds not ex pended and drawn from the County by the deadline identified in Secti on
II . C. 3. below shall revert 10 the County and be utilized for other purposes .
B. TimeUne
All Project activities will be completed by May 31, 2005 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 ,o be met during the execution of the Project.
I. Quantifiable Goals:
1be SubGrantee will provide grants to renovate the exterior of six renter occupied
homes . Grants are not to exceed S4,000 each, and will require a 20% match from each
property owner.
All units renovated under this Project are 10 be occupied by income eligible renters at
the time of appl ie r .ion lo the Fix-up program , as well as at throughout the duration of
the renovations . Additionally, in accordance with 24 CF R Part 5i0.208(a)(3), rents
ch arged at units assisted by this Project are 10 remain afforda ble fro m the ti me of
application 10 the Fix-up program throughout the duration of the renovations. In order
10 be considered affordable , rents shall not exceed the greater of the following: .,._
Local Fair Market Rent (FivCR) adjusted for tenant paid utilities according 10 the
curr ent utility allowance schedule utilized for publicl y assisted housing projects
within the City of Englewood , or
30% of the income eligib le renter house hold 's gross monthly income adjusted for
tenant paid utilities acco rding to ,he curre nt utility allowance sched ule utilized for
public ly ass isted housing projects within the City of Englewood.
All improvements completed under this grant are 10 be performed in compliance with
applicable local or industry codes and standards.
2. Community Impact:
Affordable housing -stability and housing quality
3. Quarterl y Perfonnance Standards :
June 30 , 2004: Hire intern 10 perfonn project
September 30 , 2004 : Program marketing
Provide one reno vation grant
December 31, 2004: Provide one renovation grant
March 31, 2005: Provide two renovation grants
May 31, 2005 : Provide two reno vation grants
Complete all renovations funded by project
Submit final drawdown and co mple tio n repo rt to County
D. Reporting Requirements
I. Proj ec t repons will be due withir one month fo llo wi ng the end of each calendar year
quaner (Marc h 31, June 30, September 30 , Decembe r 3 1) until the Project is co mpleted.
2. The offic ia l annual audit and/or Financial Statements for the SubGran1ee in which both
revenues and expend irures for the CDBG Projects described herein are detailed are due
annually.
E. Labor Sta!l dards {Davis-Bacon)
It is detennined th•t:
Proj ect activi ties do not require comp liance with fe deral labo r standards.
F. Environmental Review
Notwi thst.'.llldin g an y provision of this Agreement , the panics hereto agree and acknow ledge that
this Agreeme11 does not constitute a commitment of funds or site approva l, and that such
commitmenl c f funds or approv al may occ ur onl y up on satisfac tory co mpletion of envi ronmental
re view and re ;eipt by Arapahoe County of a release of funds from the U.S. Depanment of Housin g
and Urban De ve lopm ent under 24 CFR Part 58. The pani es further agree 1ha1 the provision of any
funds 10 th e project is cond it ioned on Arapahoe Co unty 's determinatio n to proceed with . modi fy, or
cancel the proj ect bas ed on the results of a subs eq uent environmental re view.
G. Uniform Reloc atio n Act (ljRA)
Pro ject activitie s do not require co mpliance with the Unifonn Relocation Act.
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H. Lead Based Paint
• The SubGran1ee will compl y wi1h Count y policies and all stale and federa l regulations and
guide lines related 10 min imizing lead hazards in residential properties, including 24 CFR Part 35
and Colorado Regu lation :--l umber 19 .
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III. RESPONSIBILITIES OF THE St:BGRAL'ITEE
A. Federal Compliance
The SubGrantee shall compl y wi1h all applicable federa l laws, regulations and requirements, and all
provisions of the grant agreem~nts received from the U.S. Deparnnent of Housing and Urban
Development (HUD) by the Counry. These inc lude but are not limited 10 compliance wi1h 1he
provisions of the Housing and Commun iry Development Act of 1974 and all rules, regulati ons ,
guidelines and ci rculars promulgated by 1:;e various federal dep artments , agencies. admi ni stra tions
and co mmis sions re lating 10 the CDBG Program . A listing of some of !he app licable laws and
regu lations are as follows:
l. 24 CFR Part 5 i O;
2. 24 CFR Parts S-+ and 85;
3. Title VI of the Civil Rights Acl of 1964;
4. Title YID of th e Civil Rights Ac1 of 1968 ;
5. Sections 104(b ) and 109 of !he Housing and Communiry Development Act of 1974;
6. Fair !10using regulations esta bli shed in the Fair Housing .\ct, Public Law 90 -284, and
Exec utive Order 11 063;
7. Section 504 of the Rehabilitation Act of 1973;
8. Asbestos gu id elines es tabl ished in CPD :--lotice 90--+4 ;
9. The Energy Polic y and Conservatio n Acl (Publ ic Law 94-163) and 24 CFR Part 39;
I 0. Equal employment opportunity and minority business enterprise regul ations establis hed
in 24 CFR part 5 70. 904;
11. Section 3 of1h e Hou sing and Urban Development .\cl of 1968;
12. No n-d iscrimination in employment , established by Ex ecuti ve Order 112-.6;
13. Lead Based pa int regulations es tabli shed in 24 CFR Parts 35 and 570 .608;
1-+. Audit requirem ent s estab li shed in 0MB Circular .\-133 ; and
15. Cost principles es tabli shed in 0MB Circulars .\-87 and A-122.
Additionally, in acc ordanc e with 2-. CFR Part 570. no employee , officia l, age nt or consuhanl of the
SubGrantee shall ex ercise an y function or responsibiliry in which a contlicl of in1cres1. rea l or
app arent, would ar,,e . The SubGran1 ee cannot engage in a fed erall y funded co ntract with anv entity
registe red in 1he Li sts of Partie s Ex cluded Fro m Federal Procurement or Nonprocureme nt
Program s.
B. No n-A ppropriations Clause
The SubGran1ee agrees 1ha1 it wi ll include in every contrac 1 it ent ers, whic h relies upon CDBG
monies for fund ing, a non-appropriation clause that will pro 1ect itself and lhe County fro m any
lia bili ty or respo nsibi li ty or :my suit which might res ult from the disco ntinuan ce of CDBG fundi ng •
for an y reason . Beca use chis SubGrantee Agree ment invo lves fund~ from a fede ral grant , 10 the
extent 1here is a confl ict 1he funding provisions of this SubGrantee . .\greement, 1he federa l gran t and
the federa l s1aru1es con1rol ra th er 1han the provisions of Section 24-91-103 .6. C.R.S. wi th regard IO
any public wo rk projec1s.
C. Expenditure Restrictions
All CDBG funds chat :ire appro ved by HUD for expendi ture under the County's gran t agreement,
including those chat :ire identified for the SubGrantee's Projects and acti vities, shall be allocated to
the speci fic projects and activities described :md listed in the gran t agreements . The all oca ted funds
shall be used and expended onl y for the projects and act ivities for whic h the funds :ire identifie d.
D. Agreement Chan ges
No projects or activ1 1ies, nor the amount alloca1ed 1herefo r. may be changed withou1 approv al by
the County and acceptance of 1he revised Final Slateme nt and/o r Co nsolidated Plan by HUD , if
required. Changes muse be requested in writing and may not begin until a modifica 1i on to this
Agreement is full y ,,xecu 1ed .
E. Direct Project Supervision and Administration
The SubGran1ee shall be responsib le for the direct supervision and admini strati on of its respective
proj ec ts or ac1ivities. Tnis task shall be accomp li shed through the us e of 1he SubGrantee 's staff,
age ncy and emp loyees. The SubGrantee shall be responsible for any injury 10 persons or damage 10
property resulting fro m 1he neg li gent acts or errors and omissions of i1s sta ff, agen ls and employees .
Beca use 1he SubGrantee is responsible fo r lhe direc1 sup ervisio n and administra li on of i1s projects
or activities , lhe Co un1y shall no t be liaLie or respo nsibl e for cost overru ns by 1he Sub Gran 1ee on
:my projec1s or ac1ivi ti es. The County shall have no du1y or obliga 1io n 10 provide an y additio nal
funding to 1he SubGran1ee if its project s or ac1ivi 1ies canno1 be comple1ed with 1he funds alloca1ed
by 1he County 10 1he Sub Gran tee. ..\n y cos t ove rruns shall be 1he so le responsibi Hty oi· 1he
SubGrantee .
I. The Sub Grantee l6'fecs 1ha1 all funds alloca1 ed 10 ii fo r appro ve d proj ects or activities
shall be used so lely for the purpo ses appro ved by 1he Count y. Said fu nds shall not be
used fo r any no n-app roved purp oses.
2. The SubGrantee agrees that the funds all oc ated for any approv ed projects or activities
shall be sufficient to co mplete said projec 1s or activi1ies wi1hout any addi1ional CD BG
funding .
F. Indemnity
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To the extent allowed by law, ;he SubGrantee shall indemnify and hold harml ess the County and its
elected and appointed offic ia ls, officers, emplo yees and age nts from and against an y and all losses ,
damages, liabilities, claims, suits , actions or cos ts, including anomeys fees, made, asserted or
incurred as a result of any damage or alleged damage to person or property occasi oned by the acts
or omissions of SubGrantee, its officers, employees. agents, contractors or subcontractors, arising
out of or in any way connected with the Project or the performance of this contract.
G. Bonding and Insurance
If the SubGrantee's projects involve co nstruction 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:
l. Comprehensive General Liability: In the amount of not less than S 1,000,00 0 combined
sing le limit. Coverage to include:
a. Premise s Operations
b. Products/Co mpleted Operations
c. Broad Form Co ntractual Liability
d. Independent Co ntractors
e. Broad Form Property Damage
f. Employees as .-\dditional Insured
g. Personal Injury
h. Arapahoe County and the SubGrantee as Additional Named Insured
i. Wai ve r of Subrogation
2. Comprehensi ve Automobile Liability: In the amount of not less than S 1,000,000
combined single limit fo r bodily injury and property damage . Coverage 10 include:
a. Arapahoe County and the SubGrantee as additiona l Named Insured
b. Waiver of Subrogation
3. Employers Liab ili ty and Wo rkers Compensation: The Contractor shall secure and
maintain employer's liability and Worker's Compensation In surance that will P!"Slect
it agai nst an y and all clai ms resulting from injuries 10 and de ath of workers engaged
in wo rk under any cont ract funded pursuant 10 this agreement. Coverage to includ e
Wai ver of Subrogation.
-1. All referenced insurance policies and/or certificat es of insurance sha ll be subject to
the following stipulations:
a. Underwriters shall have no rights of recovery subrogation against Arapahoe
County or the SubG rant ee: it bei ng the intent of the panies Iha· the insurance
policies so effected shall protect the parties ~nd be primary cove rage for any
and all losses covered by the described insurance .
b. The clause entitled "Other In surance Pro visi ons " contained in any policy
including .-\rapahoe County as an additional named insured shall not apply
to Arapahoe C aunt,' or the SubGrantee .
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C.
d.
The insurance companies issuing the polic y or policies shall have no
rec ourse against Arapahoe County or the SubGrantee for payment of any
premiums due or for any assessments under any form of an y polic y.
Any and all deductibles contained in any insurance policy shall be assumed
by and at the sole risk of the Co ntractor.
5. Certificate of Insurance: The Contraclor shal l not commence work under any
contract funded pursuant to this Agreement unti l he has submitted to the
SubGrantee , received approval thereof, certificates of insurance showing that he has
complied with the foregoing insur.mce requirements. The SubGrantee shall also
submit a copy of the Contractor's certificates of insurance to the County.
6. Notwithstanding 1he provisions contained in this paragraph (H) set forth
hereinabove, the County reserves the right to modify or waive saic! pro visions for
projects or activities for which these provisions wou ld prove prohibitive. The
SubGrantee understands , however, that the decision to wai "e or modify those
provisions is fully wilhin the discretion of the County .
In accordance with 24 CFR parts 84 and 85, the following bonding requirements shall appl y 10 a!I
projects exceeding the simplified acquisition 1hreshoi d:
l.
2.
3.
A bid gu arantee from each bidder equivalent to 5% of the bid price;
A performance bond on 1he part of the contractor for 100% of 1he cor ,trac t pri ce; and
A payment bond on the part of the contractor fo r 100% of the contract pric e.
H. Records
The SubGrantee shall maintain a corr.plete set of books and records c!ocumentin g its use ofCDB G
funds and i1s supervision and admini stration of the Project Records are 10 includ e documentation
verifying Project eligibility and national objective compliance , as well as financia l and other
administrative aspects in vol ved in performing lhe Project Th e SubGrant ee shall provide full
access 10 lh ese boo ks and rec ords 10 !h e County , lhe Secre1ary of HUD or his designee. lhe Office
of Inspec1or General , and the General Accounling Office so chat complianc e with Federal ·la,v's and
regulations may be co nfirmed. The SubGrant ee further agrees 10 provide 10 the Co unty upon
reque st. a cop y of any audit report s pertaining 10 1he SubGran1e e's financ i,'1 operations during 1he
1erm of this Agre ement All reco1d s pertainin g 10 1he Projec 1 are 10 be ma intained fo r a minimum
of five years following close-out of the Project
I. Reporting
The Sub Grant ee shall fil e all reports and ocher inform ation ne ce ss ary 10 co mpl y with applicabl e
Federal laws and regulations as require d by th e Cow1 ty and HUD . This shall include pro viding 10
the County the inform ation necess ary 10 complete annual Performance Rep ort s in a 1imely fashio n.
J. Timeliness
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The S ubGranl ee shall co mpl y with !he qu arterl y perfo nnanc e standards es tabli shed in Section 11-C
of chis Agreement. TI1e SubGr:m1ee understan ds chat fai lure 10 co mpl y wi th lhe es 1ahli shed
standards may le ad 10 a canc ellat io n of !he Proj ec t and a loss of all unexpended funds.
K. Reimbursement for Ex penses
The SubGram ee agrees 1ha1 before 1he Co un ty can distribute an y CDBG fu nds 10 ii, the 3 ubGran1 ee
mu st su bm it 10 1he Co unty's Hou sing and Co mmuni ty Develo pmenl Se rv ices Division
docurnen1a1ion in the fo nn required oy Iha! Di vis ion which properl y and full y identifi es the amount
which 1he SubG ran1 ce is requ esting al that lime . Th , County shall have 1en (10) working days 10
review 1he request. Upon appro va l of the requ es t, 1he County will distri bute lhe requested funds 10
tl1e SubGran1ee as soon as possible .
L. Program Income
All program inc ome direct ly derived frotn !h e Arapahoe County Comm un ity Developm enl Block
Gran t Program rec eived by lhe SubGrante e will be re tain ed by !he SubGran1ee and wi ll be
dispersed fo r its approved CDBG Proj ect activi ti es before add ition al CDBG fu nds are re quest ed
fro m the County. Fo ll owi ng compl etio n of the SubGrantee 's Arapaho e Co unty CDB G Proj ects , all
program inc ome directl y ge nerated fro m the use ofCDBG funds will be re mined 10 the Cou nty .
M. Real Property
Rea l property acquired in whol e or in part with CDBG funds ;hall be utiliz ed in accordance "'ith
!he scope and goa ls idenc ified in Sectio ns I and 11 of thi s Agrrn::ent. Should the pro perty in
question be so ld or otherw ise disposed of, or 1he appro ved propen : usage disco ntin ued. !he
SubGumee shall adh ere to the requi rem ems of2J CFR Fans SJ or 35 (as applicab le) re gard in g the
use and dispo sition o f real property .
N. State and County Law Co mplian ce
All res pons ib ilitie s of the SubG ranl ee enumera ted he rein shall be 1'Jbjec1 10 appl icabl e S1a1e
s1aru1es an d Co umy ordinances. resol uti ons. ru les. and regu lati ons.
0 . Subc ontra cts
If sub co ntracts ar e used on the Project. the SubGrantee agrees tha t the provis ions of thi s Agree ment
shall appl y to an y subconcract.
P. Suspension or Term ination
This . .\greement may be suspended or tenn inated by the Coumy if the Sub Grantee materia ll y fail s
10 comply with an y lenn of chi s Agre eme nt Th is Agreemen t may also be 1enn ina1 ea fo r
ccn enience by murual agree ment o f the Cou nty and 1he SubGran1c e .
Q. [n the event tha t the Unit of Gene ral Local Gove rnm ent should 'Ni thdraw from the Co un ty's
"Urban Co un ty" de signa ti on. this Agreement sha ll te rminate as of the termination date of the •
County's CDBG grant Agreement with HUD .
R The SubGrantee ce rt ifies that to th e uest of it s knowledge and belief:
s.
1. No Federal appropriated funds have been paid or will be paid , by or on behalf of it,
to any person fo r influ encing or anempting to influence an officer or emplo yee of
any agency, a Member of Congress , an office r or emplo yee of Co ngre ss, or an
emplo yee of a Member of Congress in connection with the aw ardin g of any Federal
co ntract , the making of any Federa l grant , the making of an y Fec.ieral loan , the
entering into o f an y coo perati ve agreement , and the ex tension , continu ation,
rene wal, an,endmen t, or modi fication of an y Federa l co ntrac t, iiran t, loan, or
cooperative agreement; and,
1. If any funds o,her than Fed era l appropria ted fund s have been pa id or wi ll be paid to
an y ~erson for influencing or attem ptin g to influen ce an officer or em plo yee of an y
agency, a Member of Congress, an officer or empl oyee of Co ngress, or an emplo yee
of ;i \!!ember of Congress in connection with this Federal co ntract, grant , loan , or
coo perati ve agreeme nt , it will comp lete and sub mit Standard Form-LLL ,
"Di sclosu re Form to Report Lobb yi ng," in acco rdanc e wi th its instruction s.
Disallowaoce
If it is de termined by HUD or other federal agency that the expendi ture, in whol e or in part , for the
SubGrantee's Proj ec t or activity was improper, inappropriat e or ine li gib le fo r reimb ursement, then
the SubGrantee shall reimburse the Co un ty to the fu ll ex tent of the disa ll owance.
IV. RESPONSIBILITIES OF THE COUNTY
A. Administrative Control
The Parties recogni ze and understand th at the Coun ty wi ll be the governme ntal ent ity requi red to
exec ute all grant agree ments rece ived fr om HliD pu, suant ro the Co un ty's requests for CDBG
funds. Ac co rdin gly, the SubGrantee agrees tha t a,. 10 its projects or acti vities performed or
conducted under an y CDBG agree men t. the Co un ty _;,,~I! ha ve the nec essary administrative control
required to mee t HliD requirements .
B. Performan c e and Compliance :Vl onitorin g
Th e County's adm im .li ve ob li gatio ns to th e SubGran tee pursuan t to paragra ph . .\ above shall be
limited to the performance of the admi ni st rati ve task s neces sa,:, to make CD BG funds ava ilable to
the Sub Gran tee and to provide a Monit orin g Specialist whos<: jo b rt will be to monitor the various
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projects funded with CDBG monies to monitor compliance with applicable Fed eral laws and
regulations .
C. R~!)ortlng to HUD
The County will b~ responsible for seeing that all necessary reports and information required of the
County are filed w;th HUD and other applicable Federal agencies in a timely fashion .
V. EXTENT OF THE AGREEMENT
This agreement, including any docun,ents anached as exhibits which are hereby incorporated herein
by reference, represents the entire and integraJed agreement between the County and SubGrantee
and supercedes all prior negotiations, representations or agreements, either written or oral . Ally
amendments to this agreement must be in writing and signed by both the County and SubGrantee.
If any portion of this agreement i~ found by a court of competent jwisdiction to be void and/or
unenfon:eable , it is the intent of the parti es that the remaining portions of this agreement shall be of
full fon:e and effect.
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In Wimess Whereof, the P3rties nave caused this Agreement 10 be duly executed this ______ day
or ____________ ~ 2004 .
SubGrantee : City of Englewood
Signarure -Do uglas Garrett, Mayor
A'fTEST:
Lo uc rishia A. El l is, City Cler k
Board of County Commissioners
Arapahoe County, Colorado
Justin A. Hamel on beh alf of the Board of County Commissi oners
Pursuant to Resolution #040121
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PROJECT BUDGET
COLUMN A COLUMNB COLUMNC COLUM1",/D
ProjtccAtthida EsdlNled Total COIi of CDBG Fu1ub Other Funds Commlntd
(1ptdfy by llu lltm) ActMry
In tern salary expcns:s S4 ,000 S4 ,000 so
ProJC'Ct :Wrmmstr2t1Ye expcrtKS S4,000 S2.000 S2.000
Grl nt ex penses S30.000 S2 4,000 S6.000
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TOTAL: S38.000 S3 0.000 S8 ,000