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HomeMy WebLinkAbout2002 Ordinance No. 016• • ORDINANCE NO.&_ SERIES OF 2002 BY AUTHORITY COUNCIL BILL NO . 13 INTRODUCED ,IY COUNCIL MEMBER WOLOSYN AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF TWO INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS FOR THE YEAR 2002 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD . WHEREAS . the City Council approved the execution of an Intergovernmental Agreement betw ee n the City of Englewood and Arapahoe County by passe.ge of Ordinance No . 39 , Series of 1994 covering the City's participation in the Ara pahoe Co unty C.D.B.G. Entitlement Program as extended by Amendment No. 2 , for funding years 2001 through 2003 ; and WHEREAS . Ordinance No . 19, Series 2001 and Ordinance No . 43 , Series 2001 authorized the execution ofinl~rgovernmental subgrantet agre~ments for the year 2001 Arapahoe County Community Development Block Grant Program (CDBG) between the Arapahoe Board of County Commissioners and the City of Englewood; and WHEREAS. the Englewood City Council passed Resolution No. 79 , Series of 2001, s upporting Housing and Community De velopment that authorized submitting an applico tion for 2002 COBO funding ; and WHEREAS. the project by the City of Englewood known a s the "Housing Rehnbilita tion Proje ct" ha s been cotevorized as a rehabilitation activity; and WHEREAS . the project by the City of Englewood known as the "House of Hop e Staffing" has been categorized as a public service activity; WHEREAS. the City of Englewood ma y proceed to incur costs for these projects as of June 1, 2002. unless such acceptance is made contingent under Section 11 -F ., Labor Standards, or Section 11-G ., Environmental Revi,1ws, as contained in the Subgrantee Agreements, and subject to the City of Englewa,.xl receiving an official "Notice to Proceed" from Arapahoe County ; NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO , THAT : Ss:i:l.ilm..l.-The Subgrantee Agreement for the 2002 Arapahoe County Community Development Block Grant -Housing Rehabilitation Project is attached hereto as Exhibit A. is hereby accepted and approved by the Englewood City Council and the Mayor is authorize d to execute and the City Clerk to attest and s~al the Agreement for and on behalf of the City of Englewood . -1- Sl:l:tiwl.-2 , The Subgrantee Agreement for the 2002 Ara pahoe County Community Deve lopment Block Gra nt -House of Hope Proje ct is attached he reto as Exhibit B, is her eby accepted and ap prove d by the Englewood City Council a nd the Mayor is authorized to execute and the City Clerk to attest, and seal the Agreement for and on behalf of the City of Engl•wood. ~-The Ci ty Manager s hall be authorized to further extend the Subgrantee Agreements for the 2002 Arapahoe County Community Development Block Grant Program as needed . Introduce d , read in full , a nd passed on first reading on the 16th day of April, 2002. P ubli shed as a Bill for a n Ordinance on the 19th day of April. 2002. Re ad by title and passed on final reading on the 6'' day of May, 2002 . Publi shed by title as Ordinance No.&.,, Seri es of 2002, on the 10th day of May, 2002 . 1, Loucrishi• A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinanc as ed on final reading and published by title as Ordinance No. ,&, Series o ·20 -2- • • • • SUBGRANTEE AGREEMENT FOR 2002 ARAPAHOE COt:NTY COMMUNITY DEVELOPMENT BLOCK GRAL'IT FlJNDS SUBGRA1'iTEE: cm· OF ENGLEWOOD PROJECT NAME: HOUSING REHABILITATION PROJECT N~mER: ENRB 20! This Agreement is made by and between the Board of CoWlty Commissioner, of the Co1U1ty of Arapahoe, State of Colorado , for the Community Development Block Grant Program in the Community Services Department (hereinafter referred to as the County) and the City of Englewood (hereinafter referred to as the SubGrantcc) for the conduct of a Community Development Block Grant (CDBG) Project. L PURPOSE The primary objective of Title I of the Housing and Community Development Act of 1974, as amended, and of the Community Development Block Grant (CDBG) Program Wider this Title is the development of viable urban communities, by providing decent housing, a suitlble living environment and expanding economic oppomm.ities, principally for low and moderate income persons . The project by the SubGrantcc known as the Housing Rehabilitation Project (Project) bas been categorized as a Single Family Housing Rehabilitation project and the SubGrantee will maintain documentation with the national objective of Low/Moderate Income Housing activities . The SubGran1ec may proceed 10 incur costs for the Project upon receipt of an official ''Notice to Proceed" from the County. I!. WORK TO BE COMPLETED BY THE SUBGl¼'iTEE The following provisions outline the scope of the work to be completed : The SubGrantcc will utilize CDBG funding to provide low interest loans and/or grants to income eligible homeowners for health and safety related home repair and improvements. It is expressly agreed and understood that the tollll amount to be paid by the County under this contract shall not exceed $75,000.00. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Exhibit A and in accordance with performance criteria established in Section 11-C. The parties expressly recognize that the SubGrantcc is to be paid with CDBG funds received from the federal governmen~ and that the obligation of the County to make payment to SubGrantcc is contingent upon receipt of such funds In the event that said funds , or any pan there.1f, are, or become, unavailable, then the County may immediately terminate or amend this agreement. To the extent C.R.S . § 29-1-110 is applicable, any financial obligation of the Cowity to the SubGrantee beyond the current fiscal year is also contingent upon adequate funds being appropriated, budgeted and otherwise a, .iilable . B. Tlmellne All Project activities will be completed by May 31, 2003 wiless this Agreement is modified by mu,ual a~ent of the Cowity and SubGrantee. C. Performance Criteria In accordance with the funding applicatir,n submitted by the SubGrantee for the Project, the criteria listed below are to be met during the ~xecution of the Project. D. I. Quantifiable Goals : The SubGrantee will provide six home improvement loans or grants to income eligible Englewood homeowners . All improvements funded under this grant are to be performed in compliance with any applicable locai or industry codes and standards . 2. Community Impact: By completing the project, the SubGrantee will reduce the number substandard homes in the City of Englewood by 0.01%. The SubGrantee will maintain written records documenting the Project's community impact for a period of five years following completion of the Project. This information is to be made available (upon request) to Arapahoe Cowity or the U.S. Department of Housing and Urban Development for monitoring purposes . 3. Project Milestones: Jwie 30, 2002: September 30 , 2002 : December 31, 2002 : March 31, 2003 : May 31, 2003 : Reportln& Requlremeou No requirements established Provide I rehabilitation loan Provide 3 rehabilitation loans Provide 2 rehabilitation loans Complete all renovations funded by Project Submit final drawdown ar.t completion repon to Cowity • I. Each SubGrantee Drawdown Request will include progress reports for the period for which payment is being requested. 2. Project reports will be due within 30 days following the end of each calendar year quaner (March 31, June 30, September 30, December 31) until the Project is completed . 3. The official annual audit and/or Financial Statements for the SubGrantee in which both revenuel' and expenditures for the CDBG Projects described herein are detailed are due annually. E. Labor Standards (Davis-Bacon) It is detennined that: Project activities do not require compliance with federal labor standards . F. Environmental Review Notwithstanding any provision of this Agreement , the panics hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by Arapahoe County of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58 . The panics funher agree that the provision of any funds to the project is conditioned on Arapahoe County's determination to proceed with, modify, or cancel the project based on the results of a subsequent environmental review . G. Uniform Relocation Act (URA) Project activities do not require compliance with the Uniform Relocation Act. H. Lead Based Paint The SubGrantee will comply will compl y with County policies and all state and federal regulations and guidelines related to minimizing lead hazards in residential properties, including 24 CFR Pan 35 and Colorado Regulation Number 19 . m. RESPONSIBILITIES OF THE SUBGRANTEE A. Federal Compliance The SubGrantee shall comply with all applicable federal laws, regulations and requirements, and all provisions of the grant agreements received from the U.S. Depanment of Housing and Urban Development (HUD) by the County. These include but are not limited to compliance with the provisions of the Housing and Community Development Act of 1974 and all rules, regulations, gu idelines and circulars promulgated by the various federal dep:u ::nents . agencies, administrations and commissions relating to the CDBG Program . A listing of some of the applicable laws and • regulations are as follows : I. 24 CFR Part 570; 2. 24 CFR Parts 84 and 85 ; 3. Title VI of the Civil Rights Act of 1964 : 4. Title VIIl of the Civil Rights Act of 1968 ; S. Sections 104(b) and 109 of the Housing and Community Development Act of 1974 ; 6. Fair housing regulations established in the Fair Housing Act. Public Law 90-284, and Executive Order I 1063 ; 7. Section 504 of the Rehabilitation Act of l 9i 3; 8. Asbestos guidelines established in CPD Notice 90-14 ; 9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39; I 0. Equal employment opportunity and minority business enterprise regulations established in 24 CFR part 570.904; 11. Section 3 of the Housing and Urban Development Act of 1968 ; 12. Non -discrimination in employment. established by Executive Order 11246 ; 13 . Lead Based paint regulations established in 24 CFR Pans 35 and 570.608 ; 14. Audit requirements established in 0MB Circular A-133; and IS . Cost principles established in 0MB Circulars A-8 7 and A-121 . Additionally, in accordance with 24 C:"R Pan 570, no emplo yee, official. agent or consultant of the • SubGrantee shall exercise any function or responsibility in which a conflict of interest , real or apparent, would arise . The SubGrantee cannot er,c,age in a federall y funded contract with any entity registered in the Lists of Parties Excluded F'.-om Federal Procurement or Nonprocurernent Programs . B. Non-Appropriations Clause The SubGrantee agrees that it will include in every contract it enters , which relies upon CDBG monies for funding, a non-appropriation clause that will protect itself and the County from any liability or responsibility or any suit which might result from the discontinuance of CDBG fiutding for any reason . Because this SubGrantee Agreement involves funds from a federal grant, to the extent there is a conflict the funding pro vi sions of this SubGrantee Agree· ·:nt, the federal grant and the federal statutes control rather 1.~an the provisions of Section 24-91-103 .6, C.R.S . with regard to any public work projects . C. Expenditure Restrictions All CDBG funds that are approved by HUD for expenditure under the County's grar.t agreerr.ent, in~1uding those that are identified for the SubGrantee's Projects and activities, shall be allocated to the ,pecific projects and activities described and listed in the grant agreements . The allocated funds shall be used and expended only for Jie projects and activities for which the funds are identified. 4 • D. A1reement Cbmo11es No projects or activities, nor the amount allocated therefor, may be changed without approval by the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if required . Changes must be requested in writing :ind may not begin until a modification to this A~ment is fully executed . E. Direct Project Supervision and Administration The SubGrantec shall be responsible for the direct supervision and administration of its respective projects or activities. This task shall be accomplished through the use of the SubGrantee's staff, agency and employees . The SubGrantee shall be responsible for any injury to persons or damage to property resulting from the negligent acts or errors and omissions of its staff. agents and employees . Because the SubGrantec is responsible for the direct si:pcrvision and administration of its projects or ac:ivities, the County '.1all not be liable or responsible for cost overruns by the SubGrantee on any projects or activi!:t;:;. The County shall have no duty or obligation to provide any additional funding to the SubG:antee if its projects or activities cannot be completed with the fundi allocated by the County to the SubGrantee . Any cost overruns shall be the sole responsibility of the SubGrantee. I. The SubGrantee agrees that all fands allocated 10 it for approveu projects or activities shall be used solely for the pwposes approved by the County. Said funds shall 001 be used for any non-approved pwpos-;s. 2. The SubGrantee agrees that the funds allocat ed for any appro ,-d projects or activities shall be sufficient 10 complete said projects or acti vities without any additional CDBG funding . F. Indemnity To the extent allowed by law , the SubGrantee shall indemnify and hold harmless the County and its elected and appointed officials , officers. employees and agents from and against any and all losses, damages, liebilities, claims , suits , actions or costs , ir .,uding attorneys foes , made, asserted or incurred as a result of any damage or alleged damage to person or property occasioned by the acts or omissions of SubGrantee, its officers , employees , agents, contractors or subcontractors, arising out of or in any way connected with the Projecr or the performance of this contract. G. Bondin& and Insurance If the SubGrantee's projects involve construction activities, any Contractor it uses for said activities shall be required to provide and maintain, until final acceptance by the SubGrantee of all work by such Contractor, the kinds and minimum amounts of insurance as follows : I. Comprehensive General Liability: In the amount of not less than $500,000 combined single limit. Coverage 10 include : 5 a. Premises Operations b. Products/Completed Oper:itions c. Broad Fonn Contractual Liabil itv d. Independent Contractors • e. Broad Fonn Property Damage f. Employees as Additional Insured g. Personal Injury h. Arapahoe County and the SubGrantee as Additional Named Insured i. Waiver of Subrogation 2. Comprehensive Automobile Liability: In the amount of not less than S500,000 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 W,rkers Compensation: The Contractor shall secure :md maintain employer's liability and Worker's Compensation Insurance that\\ ill protect it against any and all claims resulting from injuries to and death ofworke-:s engaged in work under any contract funded pursuant to this agreement. Coverage to include Waiver of Subrogation. 4. All referenced insurance policies and/or cenificates of insurance shall be subject to !he following stipulations : a. Underwriters shall have no rights of recovery subrogation against Arapahoe County or the SubGrantee; it being the intent of the parties that the insurance policies so effected shall protect the panics and be primary coverage for any a.1d all losses covered by the descri,ed insurance. b. The clause entitled "Other Insurance Provisions" contained in any policy including Arapahoe County as an additional named insured shall not apply to Arapaho~ County or the SubGrantee. c. The insurance companies issuing the policy or policies shall have no recourse against Arap?hoe County or the SubGrantee for payment of any premiums due or for any assessments under any fonn of any policy. d. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. S. Certificate of Insurance : The Contractor shall nc t co mmence work under any contract funded pursuant to this Agreement until he has submitted to the SubGrantee, received approval thereof, cenificates of insurance showing that he has ,~:nplied with the foregoing insurance req uirements . The SubGrontee shall also ·· •. mit a copy of the Contractor's cenificates of insurance to the County . 6. . .i,twithstanding rhc provisions contained in this p:ir:ignph (H) set fonh hcreinabove. tl:e County reserves the right to modify ,r waive said provisions for rrojects or activities for which these provisions would prove prohibiti'ie . The SubGrontee understands , however, that the decision to waive or modify those provisions is fully within the discretion of the Cl.lunty. In acco rrtance with 24 CFR pans 84 and 85 , the following bonding requirements shall appl y ,o all projects eKceeding the simplified acquisitio~ weshold : 1. A bid guarantee from each bidder equivalent to 5% of the bid price : 2. A perfo!Tllance bond on the pan of the contractor for 100% of the contrac t ~rice; and 3. A payment bond on the pan of the contractor for 1000/o of the contract price. H. Records The SubGrontee shall maintain a complete set of books and recvrds documenting its use ofCDBG funds and its supervision and :idministration of the Project. Records are to include documentation verifying Project eligibility and national objective compliance. as well as financ ial and other administrative aspects involved in perfomting the Project. The SubGrontee shall provide full access to these books and records to the County, the Secretary of HUD or his designee , the Office of Inspector General, and the General .... ccounting Office so that compliance with Federal laws and regulations may be confinned. The SubGrontee funher agrees to provide to the County upon request. a copy of any audit repons peruining to the SubGrantee's financial operations during the te!TII oi this Agreement. All records pen:iining to the Project are to be maintained for a minimum of five y= following close-out of the Project. I. Reporting The SubGrontee shall file all repons and other iiuo!Tllation necessary to comply with applicable Federal laws and regulations as required by the County and HliD. This shall include providing to the Cow:ty the iiuotT11ation necessary to complete annual Perfo!Tllance Repon.: in a timely i ·shion. J. Timeliness The SubGrantee has submitted to the County, along with its proposal. a description of the work to be performed. a budget, and a timetable delineating the length of time needed for ea.:h P.ojcct phase, if applicable , through the completion of the projects . Toe SubGrontee shall comply with timetable for completion of the projects . The SubGrantee understands that failure to comply with the timetable may lead to a cancellation of the Project and a loss of all unexpended funds , unless the County detennines that there are extenuatin g circumstances beyond the SubGrantee's control and that the projects will be completed within a reasonable length of time . The timetable's 7 implementation shall begin when ti:-~ County pro"irles written notification to the SubGrantee to proceed. K. Reimbursement for Expenses The SubGrantee agrees that before the County can distribute any CDBG funds to it, •.he SubGrantee must submit to the County's Housittg and Community Development Services Division documentation in the form required by that Division which properly and fully identifies the amount which the SubGrantee is r~questittg at that time. The County shall have ten (10) working days to review the request Upon approval of the request, the County will distribute the requested funds to the SubGrantee as soon as possible. L. Program Income Program income received by the SubGrantee from loans made under this Agreement is to be retained by the SubGrantee for the purpose of providing funher housittg rehabilitation loans or grants. After the cumulative amount of fundittg provided under this Agreement has been recycled itt its entirety one time, the SubGrantee may retaitt all furure revenue . Should the SubGrmtee' s Housittg Rehabilitation program close before the SubGrantee has recycled the entire amount of fundittg provided under this Agreement, the SubGrantee will continue remitting program income to the County until the cumulative amount of fundittg has been returned or recycled. 1\-L Asset Management Any single parcel of real property under the SubGrantee's control that was acquired or improved itt whole or in pan with CDBG funds itt excess ofS25,000 will either: I. Be used for an eligible CDBG activity, as detennined by the County, for a minimum offive (5) years following completion of the SubGrantee's projects ; QB 2. Be disposed of in a manner that results in the County's being reimbursed in the amount of the current fair market value of the property less any ponion of the value attributable to expenditures of non-CD BG funds for acquisition of, or improvements to , the property . N. St:1te and County Law Compliance All responsibilities of the SubGrantee enumerated herein ,hall be subject to applicable State statutes and County ordittances, resolutions, rules, and regular,o:15. O. Environmental Review The SubGrantee agrees that no CDBG funds will be legally obligated to any Project activity before the County bas completed federal NEPA environmental review procedures, as required by 24 CFR Pan 58 . • • P . Subcontracts If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreement shall apply to any subcontract. Q. Suspension or Termination This Agreement may be suspended or terminated by the County if the SubGrantee materially fails to comply with any ·;cnn of this Agre,.:menL This Agreement may also be terminated for convenience by mur.lf.! agreement of the County and the SubGrantee. R. In the event that the Unit of General Local Government should withdraw from the County's "Urban County" designation, this Agreement shall terminate as of the terminaticn date of the County's CDBG grant Agreement with HUD . S. The SubGrantee certifies that to the best of its knowledge and belief: I. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or anempting to influence an officer or employee of any agency, a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extensi ,m, continuation, renewal, amendment, or modification of any Federal contrac1, grant, loan, or cooperative agreement; and, 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or anempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contraet, grant, loan, or cooperative agreement, it will complete and submit Standard Fonn-LLL, "Disclosure Fonn to Repon Lobbying,• in accordance with its instructions. T. Dlsallowance If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGr.mtee's Project or activity was improper, inappropriate or ineligible for reimbursement, then the SubGrantee shall reimburse the County to the full extent of the disallowance. IV. RESPONSIBil..ITIES OF THE COUNTY A. Administrative Control 9 The Parties recognize and understand that the County will be lhe governmental entity required to execute all grant agreements received from HUD pursuant 10 the Counl)l's requests for CDBG • funds . Accordingly, the SubGrantee agrees that as to its projects or activities performed or conducted under any CDBG agreement, the County shall have the necessary administrative control required to meet HUD requirements . B. Performance and Compliance Monitoring The County's administrative obligations to the SubGrantee pursuant to paragraph A above shall be limited to the performance of the administrative tasks necessary to make CDBG funds available to the SubGrantee and to provide a Monitoring Specialist whose job it will be to monitor the various projects funded with CDBG monies to monitor compliance with applicable Federal laws an(' regulations . C. Rtportine to HUD The County will be responsible for seeing that all necessary reports and information required of the County are tiled with HUD and other applicable Federal agencies in a timely fashion. V. EXTE'.\'T OF THE AGREEMENT This agreement, including any docwnents attached as exhibits which are hereb y incorporated herein by reference, represents the entire and integrated agreement berween the County and SubGrantee and supercedes all prior negotiations, representations or agreements. eitl:er wrinen or oral. Any amendments to this agreement must be in writing and signed by Joth the County and SubGrantee. If any portion of this agreement is found by a court ,,f competent jurisdiction to be void and/or unenforceable. it is the intent of the parties that the remaining portions of this agreement shall be of full force and effect. 10 .In Witness Wbmo~ the Panics have caused this Agmment to be duly executed this ____ _ • of __________ _,2002. • SubGrantee : City ofEnglewoa,\ Signanue -BeYerly J . BradshllW, Mayar Nrrl!Sr: Loucrishi.a A. Ellis, City Cleric Board of County Commissioners Arapahoe County, Colorado Justin A. Hamel on bebalf of the Board of County Commissioners Pur.'111111 to Resolution 020198 ll COLUMN A Pnj .. -(1pml'ybrlN-) Rehab adminilnaon Rehab loons (UICludil!J lad bucd paint nitipziart) TOTAL: ExmBIT A PROJECT BUDGET COLUMNS COLllMNC -TIUIC-ol CDIG Foods Ad,tly SS0,000 SS.000 sao.ooo $70.000 SIJ0,000 m.ooo • COLUMND OdMrFolldsC- 545,000 S10.000 • SSS.000 • SUBGRANTEE AGREEMENT FOR 2002 ARAPAHOE COUNTY COM.MUNITY DEVELOPMENT BLOCK GR.\.~T FUNDS SUBGIUJ.vrEE: CITY OF ENGLEWOOD PROJECT NA.ME: HOUSE OF HOPE STAFFING PROJECT NUMBER: ENPS ?06 This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, for the Community Developmenl 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 ofo Community Development Block Grant (CDBG) Project. I. PURPOSE The primary objective of Title I of the Housing and Community Development Act of 1974, as amended, and of the Community Development Block Grant (CDBG) Program under this Title is the development of viable urban communities , by providing decent housing, a suitable living environment and expanding economic opportunities. principally for low and moderate income persons . The project by the SubGrantee known as the House of Hope Staffing Project (Project) has been categorized as a Public Services project and the SubGrantee will maintain docwnentllrion with the national objective of Limited Clientele activities. The SubGrantee may proceed to incur costs for the Project upon receipt of an official "Notice to Proceed" from the County. D. WORK TO BE COMPLETED BY THE SUBGR"'-''ITEE The follo,vin ., provisions outline the scope of the work to be completed: The SubGrantee will utilize CDBG funding to provide continued st.ifling for the House of Hope, which provides long term shelter and supportive services for homeless families . A. Payment It is expressly agreed and understood that the total atnount to be paid by the County under this contract shall not exceed $50,000.00. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Exhibit A and in accordance with perfonnance criteria est.iblished in Section II-C . The parties expressly recognize that the SubGrantee is to be paid with CDBG funds received from the federal government, and that the obligation of the County to make payment to SubGrantee is contingent upon receipt of such funds. In the event that said funds, or any part thereof, are, or become, unavail.ible, then the County may immediately terminate or amend this agreement. To the extent C.R.S .§29-1-110 i~ applicable, any financial obligation of the County to the SubGrantee beyond the current fiscal year is also conti:tgent upon adequate funds • being appropriated, budgeted and otherwise available . B. Tlmellne All Project activities will be completed by May 31, 2003 unless this Agreement is modified by mutual agreement of the County and SubGrantee. C. Performance Crlter' In accordance with the funding application submitted by the SubGrantee for the Project, the criteria listed below are to be ir.et during the execution of the Project. I. Quantifiable Goals : The SubGrantee will utilize CDBG funds for the continued employment of one full timo case manager and one family advocate at the House of Hope (3301 South Grant Street, Englewood). Both positions will be employed by Family Tree, which provides staffing and services for the facility. By maintaining the two positions, the SubGrantee will provide services for a minimum of 10 homeless families per month for the duration of the grant period. The SubGrantee may not charge fees for services provided under this grant. 2. Community Impact: During the course of the project, at least 75% of the families residing at the House of Hope will meet the housing, employment, education, and other goals of their family plans. The SubGrantee will maintain written records documenting the Project's community impact for a period of live years following completion of the Project This information is to be made available (upon request) to Arapahoe County or the U.S. Department of Housing and Urban Development for monitoring purposes . 3. Project Milestones : June 30, 2002 : September 30, 2002 : De,;ember 31, 2002: March 31 , 2003 : Provide services to 10 families Provide services to 10 families each month Provide services to 10 families each month Provide services to 10 families each month • • • • May 31 , 2003 : Provide services to IO families each month Submit final drawdown and completion report to County D. Reporting RequiremenU I. Each SubGrantee Drawdown Request will include progress reports for the period for wr ich payment is being requested . 2. Project reports will be due within 30 days following the end of each calendar y•rcr quarter (March 31 , Jw1e 30, St-ptember 30 , December 31) until the Project is complete<i . 3. The official annual audit and/or Financial Statements for the SubGrantee in ,,·!):c~, :1 revenues and expenditures for the CDBG Projects described herein are det , ,d :JI _. du e annuall y. E. Labor Standards (Davis-Bacon) It is determined that: Project activities do not require compliance with federal labor standards . F. Environmental Review Notwithstanding any provision of this Agreement, the panics hereto agree and acknowledge that this Agreement does not constitute a commianent of funds or site approval , and that sul,h commiancnt of funds or approval may occur only upon satisfactory completion of environment ,! review and receipt by Arapahoe County ofa release of funds from the U.S. Deparanent of Housing and Urban Development under 24 CFR Pan 58. The parties funher agn.e that the provision of any funds to the project is conditioned on Arapahoe County's determination Iv proceed with. modify, or cancel the project based on the results of a sub~equent environmental review . G. Uniform Relocation Act (URA) Project activities do not require compliance with 1; , Uniform Relocation Act. H. Lead Based Paint The SubGrantee will comply wi!! .;omply with County policies and all state and federal regulations and guidelines related to minimizing lead hazards in residential properties , including 24 CFR Part 35 and Colorado Regulation Nwnber 19. m. RESPONSIBILITIES OF THE SUBGRANTEE 3 A. Federal Complillace The SubGrantee shall comply with all applicable federal laws , regulations and requirements, and all provisions of the grant agreements received from the U.S. Department of Housing and Urban Developmo,;! (HUD) by the County. These include but are not limited to compliauce with the provisions of the Housing and Community Development Act of 1974 and all rules, regulations, guidelines and circulars promulgated by the various federal departments , agencies, administrations and commissions relating to the CDBG Program . A listing of some of the applicable laws and regulations are as follows : I. 24 CFR Part 570 ; 2. 24 CFR Parts 84 and 85; 3. Title VI of the Civil Rights Act of 1964; 4. Title VIII of the Civil Rights Act of 1968; 5. Sections 104(b) and 109 of the Housing and Community Development Act of 1974; 6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and Executive Order 11063; 7. Section 504 of the Rehabilitation Act of 1973 ; 8. Asbestos guidelL"les established in CPD Notice 90-14; 9. The Energy Pol t;y and Conservation Act (Public Law 94-163) and 24 CFR Pan 39; I 0. Equal employment oppommir; and minority business enterprise regulations established in 24 CFR pan 570.904 ; 11. Section 3 of the Housing and Urb,•:n nevelcpment Act of I 968; 12. Non-discrimination in employmenl, established by Executive Order 11246; 13 . Lead Based paint regulations established in 24 CFR Pans 35 and 570.608: 14. Audit requirements established in 0MB Circular A-133; and IS . Cost principles established in or.rs Circulars A-87 and A-122 . Additionally, in accord:mce ,,. 1th 24 CFR Pan 570, no employee , official , agent or consultant of the SubGrantee shall exercise any function or responsibility in which a conflict of interest, real or apparent, would arise. The SubGrantee cannot engage in a federally funded contraet with any entity registered in the Lists of Panics Excluded From Federal Procurement or Nonprocurement Programs . B. Non-Appropriations Clause The SubGrantee agrees that it will include in every contract it enters , which relies upon CDBG monies for funcfu,g, a :'.on-appropriation clause that will protect itself and the ':ounty from any liability or responsibility or any suit which might result from the discontinuance of CDBG funding for any reason. Because this SubGrantee Agreement involves filnds from a federal grant, to the extent there is a conflict the funding provisions of this SubGrantee Agreement, the federal grant and the federal statutes contrOI rather than the provisions of Section 24-91-103 .6, C.R.S . with regard to any public work projects . c. Expenditure Pestrlctlons 4 • • All CDBG funds that :ire approved by HUD for expenditure under the County's grant agreemen~ including those that are identified for the SubGr:111tee's Projects and activities, shall be allocated to the specific projects and activities described and listed in the grant agreements . The allocated funds shall be used and expended only for the projects and activities for which the funds are identified. D. Aareement Changes No projects or activities. nor the amount allocaled therefor, may be changed without approval by the County and accept.ince of the revised Final Statement and/or Conso lidated Plan by HL 'D , if required. Changes must be requested in writing and may not begin until a modification to this Agreement is fully executed. E. Direct Project Supervision and Admlnistradon The SubGrantee shall be responsible for the direct supervision and administration of its respective. projects or activities. This task shall be accomplished through the use of the SubGrantee's staff, agency and employees. The SubGr:111tee shall be responsible for any injury to persons or damage to :,roperty resulting from the negligent acts or errors and omissions of its staff, agents and employees . Because the SubGrantee is responsible for the direct supervision and administration of its projects or activities , (.e County shall not be liable or responsible for cost overruns by the SubGrantee on any projects or activities . The County shall have no duty or obligation to provide any additional fimding to the SubGrantee if its projects or activities cannot be completed with the funds allocated by the County to tbe SubGrantee . Any cost overruns shall be the sole responsibility of the SubGrantee . I. The SubGrantee agrees that all funds allocated to it for approved projects or activities shall be used solely for the puzposes approved by the County. Said fimds shall not be used for any non-approved pUipOses . 2. The SubGrantee agrees t:iat the funds allocated for ~ny approved projects or activities shall be sufficient to complete said projects or activiti,~ without any additional CDBG funding . F. Indemnity To the extent allowed by law , the SubGrantee shall ind-.mnify and hold harmless the County and its elected and appointed officials, officers, employees and agents from and against any and all losses , cwnages, liabilities, claims, suits, actions or costs , including anomeys fees, made, asserted or incwml as a result of any damage or alleged damage to person or property occasioned by the acts or omissions of SubGrantee, its officers, employees, agents, contractors or subcontractors, arising out of or in any way coMected with the Project or the pcrfonnance of this contract. G. Bondin& ud Insurance 5 If the SubGrantct·'s projects involve construction activities , any Contractor it use;; for said activities• shall be required to prov ide and maintain , until final acceptance by the SubGrantee of all work by such Contractor, the kinds and minimwn amounts of insurance as follows : I. Comprehensive General Liability: In the amount of not less than SI ,000,000 comb.ined single limit. Coverage to include : a. Premises Operations b. Products/Completed Operations c. Broad Form Contractual Liability d. Independent Contractors e. Broad Form Propcny Damage f. Employees as Additional Insured f,. Personal lnj wy h. Arapahoe County and the SubGrantee as Additional Named Insured L Wai ver of Subrogation 2. Comprehensive Automobile Liability : In the amount of not less than SI ,000,000 combined singk limit for bodily injwy and property damage . Coverage to include : a. Arapahoe County and the SubGrantee as additional Named Insured b. Waiver of Subrogation 3. Employers Liability and Workers Compensation: The Contractor shall secure and maintain employer's liability and Worker's Compensation Insurance that will protect it against any and all claims resulting from injuries to and death of workers engaged in work under any contract funded pwsuant to this agreement. Coverage to include Waiver of Subrogation . 4. All referenced insurance policies and/or cenificates of insurance shall be su1'ject to the following stipulations : a. Underwriters shall have no rights of recovery subrogation against Arapahoe County or the SubGrantcc; it being the intent of the panics that the insurance policies so effected shall protect the panics and be primary coverage for any and all losses covered by the described insurance. b. The clause entitled "Other Insurance Provisions" contained in any policy including Arapahoe County as an additional named insured shall not apply to Arapahoe County or the SubGrantee . c. The insurance companies issuing the policy or policies shall have no recowse against Arapahoe County or the SubGrantee for payment of any premiwns due or for any assessments under any form of any policy. • 5. d. An y and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor . Certificate of Insurance: The Contractor shall no! commence work under any contract funded pursuant to this Agreement until he has submitted to the SubGrantee. received approval thereof, certificates of insur!tnce showing that he has complied with the foregoing insurance requ irements . The Si.bGrantee shall also submit a copy of the Contractor's certificates of insurance "' the County. 6. Notwithstanding the provisions contained in this paragraph (H) set forth hercinabove , the County reserves the right to modify or wai ve said provisions for projects or activities for which these pro visions would prove prohib iti ve. The SubGrantee understands , however, that the decision to waive or modify those pro visions is fully within the discretion of the County. ID accordance with 24 CFR parts 84 and 85 , the follow ing bonding requirements shall appl y to all projects exceeding the simplified acquisition threshold : I. A bid guarantee from each bidder equivalent t·, ~ ·; of lhe bid pri ce; 2. A performanc e bond on the pan of the co ntrar ,•;., /,: • .. '.!J"I, of the contract price ; and 3. A payment bond on the pan of the contractor for I •Jv% oithe contract pric e. H. Records The Sub Grantee shall maintain a complete set of books an<.i records documenting its use of CDBG funds and its supervision and administration of the l'rojec t. Records are to include docum ~ntation verifying Project eligibility and national objecti ve compliance, as well as financial and other administrative aspects involved in performing the Project. The SubGrantee shall provide full access to these books and records to the County, the Secretary of Hl.;D or his designee , the Office of Inspector General, and the General Accounting Office so th at compliance with Federal laws and regulations may be confirmed. The SubGrantee further agrees to provide to the County upon request, a copy of any audit reports pertaining to the SubGrantee's financ ial operations during the term of this Agreement . All records pertaining to the Project are to be maintained for a minimum of five years following close-out of the Project. I . Repor1ing The SubGrantee shall file all reports and other irtformation necessary to compl y with applicable Federal laws and regulations as required by the County and HUD . This shall include providing to the County the irtformation necessary to complete annual Performance Reports in a timely fashion . J. Timeliness The SubGrantee has submitted to the Coumy, along with its proposal, a description of the work to be performed, a budget, and a timetable deiineating the length of time needed for each Project phase , if applicable , through the completion of the projects . The SubGrantee shall compl y with' timetable for completion of the projects . The SubGrantee understands that failure to comply with the timetable may lead to a cancella ion of the Project and a loss of all unexpended funds, unless the County determines that there are extenuating circun1s1ances beyond the SubGrantee's control and that the projects will be completed within a reasonable length of time . The timetable's implementation shall begin when the County pro vides written notification 10 the SubGrantee to proceed . K. Reimbursement for Expenses The SubGrantee agrees that before the County can distribute any CDBG funds to it, the SubGrantee must submit to the County', Housing and Commwlity Development Services Division docwnentation in the form re<jU~ by that Division which properl y and fully identifies the amount which the SubGrantee is requesting at that time . The County shall have ten (I 0) working days to review the request . Upon approval of the request, the County will distribute the requested funds to the SubGrantee as soon as possible . L. Program Income All p1'0gram income directl y denved from the Arapahoe County Community Development Block Granr Program received by the SubGrantee will be retained by the SubGrantee and will be disp,.rsed for its approved CDBG Project activities before additional CDBG funds are requested • from the County. Following completion of the SubGrantee's Arapahoe County CDBG Projects , all • program income directly generated from the use of CDBG funds will be remitted to the County. M. Asset Management An y single parcel of real property under the SubGrantee's control that was acquired or improved in wnole or in part with CDBG funds ir. excess ofS25 ,000 will either: I. Be used for an f ligi ble CDBG activity, as detcmnined by the County, for a minimwn of five (5 ) years fo ll owing completion of the SubGrantee's projects; QB. 2. Be disposed of in ~ manner that results in the County's being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acqui sition of, or impro vements to , the property. N. State and County Law Compliance All respons ibilities of the SubGrantee enwnerated herein shall be subject to applicable State statutes and County ordinances, resolutions, rules , and regulations . 0 . Environmental Review a • The SubGrantee agrees that no CDBG funds will be legally obligated to any Project activity befort the County has completed federal NEPA environmental review procedures, as required by 24 CFR Part 58 . P. Subcontracts If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreement shall apply to any subcontract. Q, Suspeiulon or Termination This Agreement may be suspended or tenninated by the County if the SubGrantee materally fails to comply with any tenn of this Agreement. This Agreement may also be tenninated for convenience by mutual agreement of the County and the SubGrantee . R. In the event that the Urit of General Local Government shou ld withdraw from the County's "Urban County" designation, this Agre:ment shall terminate as of the tenninarion date of the County's CDBG grant Agreement with HUD . S. The SubGra-:tee certifies that to the best of its lmowledge and belief: I. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or anempting to influence an officer or employee of any agency, a Member of Congress, an offi,:er or employee of Congres s, or an employee of a Member of Congress in connection with the awarding of any f ederal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, n:ncwal, amendment, or modification of any Federal contract, grant, loan, o.· cooperative agreement; and, 2. If any funds other than Federal appropriated funds have been paid or will be naid to any person for influencing or anempting to influence an officer or employ.!'a 'lf any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Repon Lobbying," in accordance with its instructions. T. Dlsallowance If it is determined by HUD or other federal agency that the expmditure, in whole or in part, for the SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then the SubGrantee shall rci. burse the County to the full extent of the disallowance. IV. RESPONSIBil.ITIES OF THE COUNTY 9 A. Administr:ilive Control The P:inies recognize and understand that the County will be the governmental entity required to execute all grant agreements received from ffiJD pursuant to the County's requests for CDBG funds . Accordingly, the SubGrantee agrees th ~t as to its projects or activities performed or conducted under any CDBG agreement, the County shall have the necessary administrative control required to meet ffiJD requirements . R. Performance and Compliance :\-looitoriog The Ccunty's administrative obligations to the SubGrantee pursuant to paragraph A abo ve ,hO.:! be lirni·,,,l to th! performance of the administrative tasks necessary to make CDBG funds available to the Su;.,Grantee and to provide a Monitoring Specialist whose job it will be to monitor the various projec :; funded with CDBG monies to monitor compliance with applicable Federal !aw'. and regulations. C. Reporting to HUD The Co ll'. ~-will be respons ible for seeing that all necessary repons and information required of the County are 61cc with HL1J and other applicable Federal agenci es in a timely fashion. V. EXTENT OF THE AGREEME:'IT This agreement, including any documents anached as exhibits which are hereby incorporated herein by reference. represents the entire and integrated agreement between the County and SubGrantee and supercedes al l prior negotiations , representations or agreements, either wrinen or oral. Any amendments to this a;ireement must be in writing and signed by both the County and SubGrantee . If an y portion of this agreement is found by a court of competen t jurisdiction to be void and/or unenforceable , it is the intent of the panics that the remaining portions of this agreement shall be of full force and effect. 10 • • · In Witness Whereof, the Parties have caused this Agreement to be duly exCCl•t ed this _____ day of ___________ ___, 2002 . SubGrantee : City of Englewood SignatUrC -Beverly J. Bradshaw, Mayor M'TEST: Loucrishia A. Ellis, City Clerk Board of County Commissioners Arapahoe County, Colorado Justin A. Hamel on behalf of t!le Board of County Commissioners Pursuant to Resolution 020198 ll COLUMN A Pro.tea- (.,..ifybyiN-1 c .. ......,.aoc1 111n1y ~vocacc safflna apna TOTAL : EXHIBIT A PROJECT BUDGET COLUMNB COLUMNC ~TltalCoaor CDICFuHI Acdvlty Sl0.000 S50.000 Sl0 ,000 Sl0,000 • COLUMND Otlltr Fu•dl Cocr.:alned so • so • • • COUNCIL COM ,\IUNICATION Date Subject : lnt ergov ern men t,11 Agr eement be l\vee n --------~--------,,------'---"-the Citv and Arapahce C o unty Ap ril 15, 2002 Agenda Item IOai INITIATED BY: STAFF SOURCE: ____ C~o~•'.'')l,J~-1 <!J pme.~n~t ~D~e=t.---~--~'a'--n~e~t ~G'--ri'--m~m=et"t.'--H=ou"'s"'in-"g'-F'-'i"na"'n""c'-'e'--S=e'-'c"'ia"'li"'st'-- COUNCIL GOAL AND l'REVIOUS COUNCIL ACTION Co un cil passed O rdinann · r•-J. 39, Series of 1994, that was extended by A m endment No. 2 dated fun e 16, 2000 •elating 10 p:"l rcipation in th e Urban Coun ty Entitlement Pr ogram for CDBG and HOME funds for 2Gf I IhrouJ11 2003; and, passage of Reso lution No. 79, Seri es of 2001 supporting H ousing and C ;mmunity L'ev elopmen t that authorized submitting applica ti ons for 2002 CDBG funding. RECOMMENDED ACTION Approve a Bill for an Ordinance authorizing the execution of two Intergovernmental Subgrantee Agree ments for the 20 02 Arapahoe County Community Deve lo pment Block Grant Program betw ee n the Arapahoe Board of County Commissioners and th e City of En glewood. BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED The Federal Community Development Bl ock Gran t (CDBG) Program provides grants to units of local government and urban co unties ,J meet housing and community development needs . The objec ti ve of the Pro gram is Jc hi eved through projects developed by the local go vernment that are designed to give priority to those activities that benefit low-and moderate-income families. Funds are all o cat ed by statuto ry formu la to eac h enti tl ement area. Arapahoe County is an ap p roved entitlement arP3 . Th e grant funds are distributed on a formula basis to participating cities within Arapahoe C~unty. Fo r FY200~. funds are approved to support the fo ll owing projects: 1. $75,000 2. SS0,000 ior the Housing Rehabilitation Project to administer, m onitor and rehabilitate 6 low- income units scattered throughout the City; for the H o use of H ope to prov ide co ntinued staffin g FINANCIAL IMPACT Th e existin g empl oyees in Community Developm ent are availa le to admin ister th e proiects ar. the ir sa lariPs an n benet its ar e part o f the City's contribution. Th e City w rll utilize a portion o f the CD SG fundin g (est. 55.000 ) fr orn the H ousin g Rehabilitation Pro ject to partiall y offset th e cos ts of th ose sal,1ri es and be nt::fi ts. UST OF ATTACHMENTS Si ll io r ~m O rdi11 ;111 ce.