HomeMy WebLinkAbout2000 Ordinance No. 038ORDINANCE NO. 3i
SERIES OF 2000
BY AUTHORITY
COUNCIL BILL NO . 41
INTRODUCEDBYOOUNCrt..
MBMBER GARRBTI' '
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF
INTERGOVERNMENTAL SUBORANTEE AOREEMKNTS FOR THE 2000
ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE
CITY OF ENGLEWOOD .
WHEREAS , Ordinance No. 22 , Series of 1999 approved and authorized tho
oncution of an ln~nrnmontal Agnemontll for the 1999 Arapahoe County
Community Development Block Grant Procram between the Arapahoe 3oard of
County Commislionera and the City; and
WHEREAS, the City Council approved the execution of an lnteriovemmental
Acn<,ment between the City of Englewood and Arapahoe County by paia,,.'9 of
Ordinance No. 39, Seriea of 1994 co,·e rin1 the City'• participation in the Arapahoe
County C.D .B.G. Entitlement Program aa extended by Amendment No . 1, for fundinJ
years 1998 through 2000 ; and
WHEREAS , the Englewood City Council paued Resolution No. 101 , Series of 1999
supporting Housing and Community Development that authorized submitt;inc an
application for 2000 CJ;BG funding; and
WHEREAS , the project by the City of Englewood known aa the "Housing
Rehabilitation Project" has been cateiorir,ed u a rehabilitation activity and ths City of
Englewood will maintain documentation with the National Objective of Limited
Clientele activities; and
WHEREAS , the project by the City of Englewood known as the "En glewood Housing
Authority's Fam ily Self Sufficiency Program" has been categorized as a public service
activity and the City will maintain documentation with the National Objective of
Limited Clientele activities; and
WHEREAS , the project by the City of Englewood known aa the "Family ResoU?<:e
/center Renovation Project" has been categorized ss a public facilities p~sct and the
City will maintain documentation with the National Objective of LimilAld ClienlAlle
activieies ; and
WHEREAS, the project bi• the City known u the"Englewood Houaing Authority's
Homelese Prevention Progran:" has been categorized aa a Public Services project and
the City will maintain documentation with the Na tional Objective of the Limited
Clientele activitie s ; and
WHEREAS , the project by the City known .. t.1e '"Thomas Skerritt House
R<l novation Project" baa been categorized 1111 a Historic Preservation Project and the
Chy will maintain documentation with the National Objective of Area Benefit
activities ; and
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WHEREAS , the City ol Enpewood may proceed to incur COiia for thNI piojeda u
of May 22, 2000 unla111uch acceptance ia made continpnt under Section II-F., Labor
Standarda, or Section 11-0 ., Environmental Review,, 11 contained in the Subgrantoe
Apeementa, and 1ubject to the City of Englewood receiving an ollicial "Notice to
Pn>ce.d" from Arapahoe County ;
NOW, THERE,FORE, BE IT-ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT: .I
Sm:lilm..l. The Subgrantee Agreement■ for the 2000 Arapahoe County Community
Development Block Grant Program are attached hereto as Exhibit A.
~-The Subgrantee •Agraamenta £or the 2000 Arapahoe County Community
Development Block Grant Proaram are hereby acc,pted and appnm,d by the •
Englewood City Council and the Mayor ia authorized to ■--and the Cit,' Clerk to
attaat and seal the Asreementa for and on behalf or the City of Englewood.
Smimi..a. The City Manapr lhall be authorized to further extend the Subgrar:!ee
Agreement■ for the 2000 Arapahoe County Community Development Block Orurt
Program u m,eded .
Introduced, read in full, and paaaed on first reading on the 15th day of May, 2000.
Publiabed u a Bill for an Ordinance on the 19th day of May, 2000.
Read by tiUe and p8888d on final reading on the 5th day of June, 2000.
PublilW by title a, Ordinance No .~ Serie, or 2000 , on the 9th day of June,
2000.
I, Loucriabia A. Ellis, City Clerk of the City of Englewood lorado , hereby certify
that the above and foregoing ia a true copy of the O · ~ P.r-1 on final reading
and publiahed by tiUe aa Ordinance No. ~ Series of '.:1/
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Loucriabia A. E1lia
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. 2000,ARAPAHOE; Ci:OUN'I't ,m •i , !in· mr. 10
COMMUNITY DEVELOPMENT Bl.OCK GRANrf FUND,S ,oJ ·criJ
/.' I ,.,, 'r.,} "Tl 1 qt :>d
SUBGRANTEE: CITY OF ENGLEWOOD
PROJECT NAME: HOUSING REHAJID.JTATION ·•,mi r .0
PROJECT NUMBER: OO-EN-RB-021
This Agreement is made by and between the Boan! ofCowity Commiuionm oflhc County of Arapahoe,
State of Colorado, for the Community Development Block G11111t Progr.un in the Community Services
DepaJtment (hereinafter referred to as the County) and the City of Englewood (hereinafter referred to as the
SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project for Progr.un Year
2000.
I. PURPOSE
The primary objective ofTitle I of the Housing and Community Development Act of 1974. as amended,
and of the Community Developrr.ent Block Grant (CDBG) Progr.un under this Title is the development of
viable urban communities. by providing decent housing, a suitable living environment and expanding
econom ic opportunities, principally for low and moderate income persons .
The project by the City of Englewood known as the Housing Rehabilitation Project (Project) has been
categorized as a Rehabilitation project and the SubGrantee will maintain docwnentation with the national
objective of Limited Clientele activities .
The SubGrantee may proceed to incur costs for the Project as of May 22, 2000 wil:ss made contingent
under Section Il-F. Environmental Reviews, below, and/or subject to the SubGnmtee receiving an official
''Notic e to Proceed" from the County.
11. WORK TO BE COMPLETED BY THE SUBGRANTEE
The following provisions outline the scope of the work to be completed :
The SubGrantee will utilize CDBG funding to provide loans and grants for health and safety related home
repair and improvements that may otherwi!e be unaffiJrdable for the lower income homeowners served by
the Project.
A. Payment
Ir is expressly agreed and und erstood that the total amount t~ be paid by the Cowity under this
contract shlll not exceed S118,085 .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 Il-C. The parties expressly reeogniz.e tbal the SubGrantee is to be
paid with CDBG funds received from the federal government, and ~ the obligation of the County
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to make payment to S~)t;~ ,upon n;oipt q,( su,;Ji f\mds . In the event that said
llmds, or 1111Y part thmf; ~. or ~t~ ~le, then ~C~ry may immcdialely terminate
or 1111enil Ibis ~enL To tile exM!le.tlS!\li9-t-llOisllq,j,licable, any financial obliption of •
the Coun6( i6 tllelSilbGianiad beydaildiJ ciln'alBscal year is il&o COlllµlffl.apjlll Jl4equate funds
bcma appropriated, budgeted and otherwise available.
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B. Tlmellne IT ! / T
All Project activities will be completed by Jane 15, 2001 unless this Agreement is modified by
mutual agreemcn1 of the County and Sub Grantee.
C Performaace Criteria
In accordance with the funding application submitted by the SubGrantee for the Project, the criteria
listed below are to be met during the execution of the Project
I. Quantifiable Goals:
The Sub<:lrantec will ,provide home~ improvement loans to 10 income ,iigible
homeowners within the City of Englewood. All renovations are to be pelformed in
accordance with industty standards and any applicable local codes and standards.
2. Community Impact:
Execution of the Project will m!uce the City's number of substandard homes by I%.
Toe Suburantee will mair1tain written records documenting the Project's community
impact for a period of five ye:,n; following completion of the Project This infomiation
is to be made available (upon n:quest) to Arapahoe County or the U.S. Department of
Housing and Urban Development for monitoring purposes.
3. Project Milestones :
June 30, 2000:
September 30, 2000:
Quarterly milestones
Market program
Interview pc!ential clients; determine eligibility
Assess homes to be rehabilitated
Close I loan
Cumulative mj)csto~
Market program
lnter"iew potential clients ; determine eligibility
Assess homes to be rehabilitated
Close I loan
Quarterly milestones
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D11Ce!J!ber 31, 2000:
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March 31, 2001:
JWJC 15, 2001 :
Market prol!nlll . . "'i CUO,il'"iJ 1.01 ,~~l~;J!; i:J. 1 In!CView potentl Cllcnll; __..,. -r 1uny
,A usess homes to be rsal,ilila1ed 1,0 1 . .~
Close 2 loans • ~ru '
QpnµJarive mjJ<itQnea '"" •
1 h ui.:1~
Close 3 lo"IIS
QslallmX.~ Market program .s
Iniervicw potential clic:DIS; dctenfune eligi'bjlity
A.ssesS homes to be idl,abililaled
Close 3 loans
ew»uJatiye roiJestPJles
Close 6 loans
Qiwterlv mi)estones
Assess homes ,o be rdlabj!ilaled .,
Close 3 loans
CurouJarive roil~
Close 9 loans 1
Q.uytcrJv mi)estones
Close I loan
CumµJarive miJestones
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Close 10 loans 1 , 1 1 ,
Compkte all ienovations funded by Proiecl
s,.bmit final drawdown and 'i°mp\etio report to County
• D. ll&portha& &quJrements
I. Each SubQranlec Drawdown lle(;uest will include progress RpGrts for the period for
which l!'-yment is being requested .
2. Project reports will be due within 30 days following the end of each calendar year
quarter (March 31, June 30, September 30, December 31) until the Project is completed.
3. A Project Completion Report ,.,,;u be due 30 days after completion of the Project.
4. The official annual audit and/or Firuincial Swements for the SubGrantce in which both
revenues and expendirures for the CDl3G Projects described bcrcin are detailed are due
umually.
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E. Lahor,Staadards (D1vis-B1con)
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It is delem!ined that:
Project activities do not require compliance w/th federal labor standards.
F. Er.vtroamealll Review
Preliminary cnviron.'l!ental review will be compkted by A.nipahoe County staff in order to
determine wbcther funbcr acticn ia IICCCSS3l}', 'Ilic SubGrlntce will not commit or expend ~y
Project funds prior to the completion ofC1e rt.quired environmental review process and receipt of
any necessary ReltaSe of Funds from the U.S. Department of Housing and Urban Development
Upon ~cipl o f a Noti ce to Proceed from !he County, !he SubGrantce will perform a sitr.-spccific
envirorunenta: review for cuch project site prior tu committing any fund.. for rehabilitation.
Evidence of!he site -spec ific review process is to be submitted 10 !he County on a quarterly basis for
!he duration of the Project.
G. Uniform Relocadon Act (URA.)
Project activities do not requ ire compliance wi!h the Uniform Relocation Act.
H. Lead Based Paint Hazards
SubGrantce shall comp ly with 24 CFR Part 3S , regarding !he =..memen s for notificatio~.
evaluation, and reduction ~r lead based paint hazaids in housing projects ,=:ivmg federal
assistance.
III. RESPONSIBILITIES OF THE SUBGRA."ITEE
A. Federal Complianc e
The SubGrantce shall comply with all app licable federal laws, regulations and requiremenlS, and all
provisions of the grant agreements ~eived from !he U.S. Dep •~iinent of H01.sing 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 ntles, regulations ,
guidelines and circ1 ,lars promulgated by the various federal departments, agencies, administrations
and commissions n\lating to !he CDBG Program . A listing of some of the applic.".ble laws and
regulations are as follows :
I. 24 CFR Part S7O;
2. 24 CFR Parts 84 and 85 ;
3. Title VI of!he Civil Rights Act of 1964;
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4. Title VIlI of the Civil Rights Act of1968;
5. So."tions 104(b) and 109 of the Housing and Communi·.y Development Actof 1074; •
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6. Fair~ _,,1.,;,,115 establiabed in the Fair Houain& -"I, Puhlic Law 90-2R4, 11111
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F.xCICllllve Order I ll"P; J., ·,r• , I • ,,,
'I . Section S04 oflhc Rehabilitation 4e1 of 1973;1 '.l . . ',~
8. Asbesloa ~ established in CPD Notice 91/-44; 0
9. The Enqy Policy 11111 C~ooAct (Public Law 94-163) 1111124 CFR Prt 39;
I 0. Equal t;mpi9,meot opportunity and minority businass enterprise rqulatiom established
in 24 CFR part S70.904; ' "
11. Section 3 of the Housing and Urban Develop~! Act of 1968;
12. Non-discrimination in employment, estab.lished .by Executive Orr.:.: ,241i;
13. Lead Based paint regulations established in. 24 CFR Parts 35 i:;;..i 570.608;
14. Audit ~uirements established in 0MB Circular A-133; and
15. Cost principles established in 0MB Circulars A-87 and A-122.
Additionally, in acrordance with 24 CFR Part 570, no employee, official, agent or consultan ; of the
SubGrantee shall exercise any function or responsibility in which a conflict of intci"est, real or
apparent, would arise . Th e SubGrantee cannot engage in a federally funded contract with any
entity registered in the Lists of Parties Excluded From Federal P-,ocuremeot or Nonprocurement
Programs .
B. Non-Appropriations Clause
The SubGrantee agrees that it will include in e·,cry contract it enters, which relies upon CDBG
monies for funding, a non-appropriation cll:use that will protect uself and the Cowity frnrr, any
liability or responsibility or any suit which might result from tl:e discontinuance of CDBG funding
for any reason . Because this SubGrantee Agreement involves funds from a federal grant, to the
extent there is a conflict the funding provisions of this SubGrantee Agreement, the federal grant and
the federal stalUles control rather than the provisions of Section 24-91-103 .6, C.RS. with regard to
any public work projects .
C. Expenditure Restrktions
All CDBG funds that are approved by HUD for expenditure under the Cowity's grant agreement,
including those that are identified for the SubGrantee's Projecw and activities, :hall be allocated to
the specific projects and acti vities described and listed in the grant agreements. 'llte allocated funds
shall be used and expended only for the projects and activit ies fo r which the funds are identified.
D. Agreement Changes
No projects or activities , nor the amount allocated therefor, may 'e changed without approval by
the County and acceptance of th,: revised Final S1.atement and/or Consolidated Plan by HUD, if
requued. Changes must be requested in writing and may not begin until a modif .:ation to ~'iis
Agreement is full y executed .
E. Direct Project Supervision and Administration
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Th~ SubGrm1Jl(w!f be mponsible lbr the dln:ct supervision and lllrllinillrltioD of ill rapeclive
projects or activities . Thi, wk shall be accolllPlished duous/i the use ol lbe SubGnatee's ltafl:
agency and employees. The SubGrantee shall~ rdpot1S1ble tor by injuey to persons or damage to
property ~tinll from the neglige,nt acts or errors md omissions ofns ltafl: -111d aaployees.
Because !Iii SubOrantee is rcspo r .. ible lbr tli'e dln:ct supervision ind ~OD of its proj ..:ts
or activities, lhe CoW1ty" shal l DOI be liable or n:spoasible lbr cost owrrum by the SubGrmt-;.-OD
any projects or activities . The Colillty shall have ao duty or obliptioa to provide my additional
funding 10 the SubGrmtee if its projects or activities ClllllO: oe' completed with the fiiads a11ocalcd
by the County lo the SubGrantee. Any cost ovanms .shall be the sole re$p0nsfbility of the
SubGrantcc.
I. The SubGran tcc agrees that all funds allocated to it for approved projects or activities
shall be used solely for the pwposes approved by the County. Said funds shall not be
used for any non-approved pwposes .
2. The SubGrantee agrees that the funds allocated for any approved projects or activities
shall be sufficient to complete said projects or activitir.s without any additional CDBG
fundin g.
F. Indemnity
To the extent allowed by law, the SubGrantee shall indemnify and hold harmless the County anJ i t~
elected and appointed officials , officers, employees and agents from and against any and all losses,
damages, liabilities, claims, suits, actions or costs, including attorneys fees , made, asserted or •
incurred as a result of any damage or alleged damage to person or property occasioned by the acts
or omissions of SubGrantee, its officers, employees, agents, conlraclors or subcontractors, arising
out of or in any way coMecled with the Project or the performance of this conlracl
G. Bonding and Insurance
If the SubGrantee's projects invol ve construc tion ac tivities, any Contractor it uses for said activities
shall be requ ired to pro vide and maintain, until final acceptance by the SubGrantce of all work by
such Con1rac1or, the kinds and minimum amounts of insurance as follows :
I. Comprehens ive General Liability : In the amount of not less than S600,000 combined
single limit. Co verage to include :
Premises Operations
Products/Completed Operations
Hroad Form Conlractual Liabil ity
Independent Contractors
Broad Form Property Dam,ge
Employees as Additional Insured
Personal lnj ury
Arapahoe Cowity and the SubGranlcc as Additional Named Insured
Waiver of Subrogation
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2. ~ive Automobile Liab ility . In the amount oi oot less than $600,000
combined single limlt for bodily injwy and propllrty damqe/ Cove,qe 10 include : . .,
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L Arapahoe County and the SubOrlntee as additional Named lnlured
b. Waiver ofS~brogation
Employen Liability and Workers Camper .;ation : The Contnu:tor shall secure and
maintain employer'! liability 111d Worbr'i· Compensation Insunnce that will protect
'it against any and all claims n:sulting from !njuries 10 1111d death ofworlc111 enpged
In worlc under any contract funded punl!llllt 11'1 this agreement. Coverage 10 include
Waiver of Subrogation .
All referenced insurance policies and/or c:rf.licates of insurance shall be subject to
the following stipulations :
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Underi ,1iten shall have no rights of l'CCO\'er)' subrogation against Arapahoe
County 01 !he SubGrantee; it being the intent oi Ille ~~es that the insurance
policies so effected shall protect the partie., and be primary coverage for any
and all losses covered by the described insurance.
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.
The insurance companies issuing the policy or policies shall have no
recourse against Arapahoe County or the SubGrantee for payment of any
premiums due or for any assessments wider any fonn of any policy.
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 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 insurance requirements . The SubGrantee shall also
submit a copy of the Contractor's certificates of insuranc e 10 the County.
6. Notwithstanding the provisions contained in this paragraph (H) set forth
hereinabove, the County reserves the right to modify or waive said provisions for
projer:ts or activities for which these provisions would prove prohibitive. The
SubGrantee •md ers1ands, however . 1ha1 the decision 10 waive or modify those
provisions is fully within the discretion of the County .
In accordance with 24 CFR parts 84 and 85 , the following bonding requirements shall apply to all
projects exceeding the simplified acquisition threshold:
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A bid gulrll\lel &om each bidder equivalent to 5~ of~ bid price; •
A perfonnance bond on the part of the contractor for 100% of the contract price; and
3, ,A paYlllent bon4 011 the partofJhe C9Dlr.lCIOr fon.!OQ"~ of the ,contract price.
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H. Record.I
The SubGrantee shall mainla ~ a complete let of books and !".cords ,'IICIIIIIC!lling ii .;c of CDBG
fimdl and its supervi~n and adminiSITation of the Project. Records 11'!1 to jnclud~ aocumentation
velify'.ng T roject eligibility md nati<1nal objective compljance, as well. as financial and other
administutive aspeci.i involvci in performing the Prnjr~t. The S~ shall provide till!
access to these books and recor:ls to the County, the SCCJ~ of HUD or bis designee, the Office
of Inspector General, and the Gtneral AcwunlU)g Office so that compliance,with Federal laws and
regulations may be confinned. The SubGrantee further agrees to provide lo the County upon
request, a copy of any audit repo11S pertaining to the SubGrantee's financial operations during the
term of this Agreement All records pertaining to the Project ;ire to be maiciained for a minimum
offiv~ years following close-<111t of the Project
I. Reporting
The SubGrantee shall file all reports and other information necessary lo comply with applicable
Federal laws and regulations as r;quiRd by the County and HUD. This shall include providing to
the County the information nec •.:ssary to complete annual Performance Reports in a timely fashion .
J. Timeliness
The SubGrantee bas submitted to the County, along with its proposal, a description of the worlc to
be performed, a b"•~.. and a timetable delineating the length of time needed for each Project
phase, if applicable, through the c01;npletion of the projects. The SubGranlee 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 determines that there are extenuating circ= beyond the SubGrantee's control and
that the projects will be completed within a reasonable lcugth of time. The timetable's
implementation shall begin when the County provides written notification to the SubGrantee to
proceed.
K. Reimbunement for Expenses
The SubGran1ee agrees that before the County can distribu1e any CDBG funds to it, the SubGrantee
must submit to the County's Housing and Community Developmcat Services Division
documentation in the form rcquiRd by that Division which properly and fillly identifies the amount
whic h 1he SubGrantee is rcques1ing at that lime. The County shall have ten (I 0) wo rking 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. Proenam Income
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• All program income dircctly derived limn the Anpaboe County Commllllity O.Velopmmt Block
Grant Program m:eived by the SutiGrintee 'wiD be l retained"by die '5ab0iln1el , imlf. will be
djspersed for its approved CDBG Project activities before additional CDBG llmdl are requested 1D&,,ib the 'County:'Following complelion'oflbe-8ilb0rimtee's Anj,aboe Codnty CDBG Projectl, all
program income directly genaaleil'llbm 1he usil 'b fCDBG llmdl will be remitted to the County.
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M. Anet Muacement
Any single parcel of real property under the SubOnntee's control tbal wu acquiRd or ilnproved in
whole or in part with CDBG furuis in excess ofS2S,OOO will either:
1. Be used for an eligible CDBG activity, as determined by the County, fora minimum
of five (S) years following completion of the SubGrantee's projects;
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2. Be disporc:d of in a nlf.nner that results in the County's being. reimbuned in the
'v • amount rfthe cum:nt fair marlcet value of the property less my portion of the value
arin'buu:ble to expenditures of non-CDBG llmds for ICCjilisition of, or ilnprovcments·
to, the property. Reimbursement is not requiRd after five (S) years following
completion of the SubGrantee's projects .
N. State and County Law Compliance
• All respons ibilities of the SubGrantee enumerated herein shall be subject to applicable State
statutes and County ordinances, resolutions, rules, and regulations .
O. Environmental Review
The SubGrantee agrees that no CDBG funds will be legally obligated to any Project activity before
the County has completed fed eral NEPA environmental review procedures, as required by 24 CFR
Part 5S .
P. Subcontracts
If subcontracts are used on the Projec~ the SubGrantee agrees that the provisions of this Agreement
shall appl y to any subcontrae t.
Q. Suspension or Termination
This Agreement may be suspended or terminated by the County if the SubGrantee materially fails
to comply with any term of this Agreement This Agreement may also be !mninated for
convenience by mutual agreement of the County and the SubGrantee .
R. In the event that the Unit of General local Government should withdraw from the Cow1ty's
"Urban County" designation, this Agreement shall terminate as of the termination dale of the
County's CDBG grant Agreement with HUD .
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S. TheSubClnnleocertilleathaltotbebeaofia,knowledp,11"1belief ,· 1 ,a in,,
tf. • I llil ' J 1-I :
I. No Fodllral approprial¢ limdl b&v~ bNn paid or will be paid, by or on.licbatr of it,
to 111y pemn for imluenqing or l!llcmpting to iiaflu1111CC III olliccr or employee of
any agency, a Member of Congress, an officer or employee of Coagress, or an
employee of a Member of Congrcsa in connecti011 ynlh ~"~ of any Federal
contract, the making of any Federal grant, the making of any Fodllral loan, the
entering into of any coopenlive apcmcn1, and the extension, continuation,
renewal, amendment, or JIIO(lilication of any Federal conttac:, grant, loan, or
cooperative agreement; and,
2. If any funds other than Federal appropri~ funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or einPloyee of any
agency, a Member of CoagRSS, an oflicq or employee of Congress, _or an employee
of a Member of Congress in connection with this Federal contnct, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL,
"Disclosure Fonn to Report Lobbying,• in accordance with its insttuctions.
T. Disallowance
If it is detcnnined by HUD or other federal agency mJi the expenditure, in whole ;:r in part, for the
SubGrantec's Project or activity was improper, inappropriale or ineligible for reimbursement, then
the SubGrante: shall reimburse the COWlty to the full extent of the disallowance .
r.r, RESPONSIBILITIES OF THE COIJNTI'
A. Admilllstrative Control
The Parties recognize and understand that the County will be the governmental entity required to
execute all grant agreements received from HUD pursuant to the County's requests for CDBG
funds . Accordingly, the SubGrantec agrees that as to its projects or activities perfonned or
conducted under any CDBG agreement, the County shall bave the necessary administrative control
required to meet HUD requirements.
B. Performance and Compliance Monitoring
The County's administrative obligations to the SubGrantee pursuant to paragraph A above shall be
limited to the performance of the administrative tasks necessary to make CDBG funds available to
the SubGrantee and to provide a Monitoring Specialist whose job it will be to monitor the various
projects funded with CDBG monies to monitor compliance with applicable Federal laws and
rcg ubtions.
C. Reporting to HUD
• lo , 1 'Iba~ will lllilllpCllllitllt flit INila,dllt 1111--,..-.-;.~.~llfdait
County an llled with HUD and other applicable Fedlnl agm:ies in a timely lilbion.
. .0\,
V. UT!i'(l'OFTBE AGREEMENT
Thil lpllllCIII, inclu,'1ing any docummll 11111:bed u m11bi11 which are bmby incorponled bmin
by --, llipRICIIII the enlire and inlegnled 1peemm1 bctwea1 the County and SubGnntee
111d supcrcedes all prior ncgotilti0111, npracnlllians or ap:mca11, either written or oral. Any
amendmenll to !his agreement must be in writina and sipocl by both the C-ounty and SuilGnotee.
lf any portion of !his agreement is found by a court of compctmt jurisdiction to be void and/or
wienforccablc, it is the intent of the parties that the remaii.i.,g portions oftms agr=ncnt shall be of
full force and effect
n
u
In Wilnllil WIIMD(1t11e Plulill llaw-Clllllllw ~ tD bl dll'J·..-.Vdlit, , l ,,, day of •
lo:r~ JI re ·• ~, 11 ru; CIIJ}' rll1v. I ,Ii, • v!rru
-------------' 2000. IY.311 .'.H.R~)/ :rn f 10 T"~ TY.3 I
• : ,J.
By .:_--------------'nx:llas J . a=
Title :. __ _.,,,....,yo ... r~------------
Board of County Commissionm
Arapahoe County, Colorado
Justin A. Hamel on behalf of the Board of County Commissionm
Pursuant to Resolution NwnberOOOI 19
~
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(] ' EXHIBIT A
' ) Jl >P
PROJECT BUDGET
COLUMN A COl "JMNB COLUMNC COLUMND ,....._ _T .... C.,e! CDIG,._. OrlMrF-~ (..,,.., ... _) _...,
.. Ir" -S.,,000 Sl,000 so
i-. sm.ooo ~ SIil.oil Slll,915
("'Y ___
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alsobcutilind forlht
~or ... loais1 .,
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TOTAL: sm.ooo SIii.oil Slll.!lll
ADDENDUM NUMBER ONE
TOTHE2000COMMUNITYDEVELOPMENTBLO=i<:GRANT
HOUSING REHABILITATION SUBGRANTEE AG.REEMENT
I
This ADDENDUM NUMBER ONE modifies the Arllpahoc County Community Developmc:nt Block
Grant Sub<nntee Agrecment ("Agreement") by and between J\i'apaboc County ("County") 11111 the City of
Englewood C'Subgrantee"). • 1 .
WHEREAS, the Agreement (in Section ID .H), requires that if any Subgrantee project involves construction
activities, then the Contractor selected by the Subgrantee must provide and maintain insurance in the
amounts set forth therein; and
WHEREAS, pw-suant to Section III . H.6, the Subgrantee desires that the County waive a portion of the
insurance requirements of Section Ill . Hof Agreement; and
WHEREAS , the County agrees to the waiver as noted herein.
NOW, TIIEREFORE, IT IS AGREED by the County and the Subgrantee as follows :
I. The Subgrantee shall require its selected Contractor to provide and maintain general liability and
property insurance in M amount not less th lll S100,000 by the Contractor and to provide and
maintain au\Qmobile liability insurance and worlanen's comper.sation in.=ce required by
Colorado law . Proof of such insurance shall be provided to the Subgrantee .
2. The Subgrantee and the County reaffirm the provisions of Section III.F., concerning administration
and indemnification concerning performance of the Agreement
J. All other provisions of the Agreemenl not inconsistent with this Addendwn Nwnber One 1re
re:iflirme{I
In Wi1ness Whereof, the Parties have caused chis Addendwn to be duly executed this ____ day of
----------~ 2000 .
Subgrantee : __ __,C..,,jcy..,,_..o.._fE..,n..,g..,lew<=ood,.,.__ ___ _
By: _____________ _
'lb:m,s J . Bums
Title: Mayor
•
•
.HO 11:.-imr,·•1::IJI, 1 a:nv .. M1auu2
YTV. JO) 'WHJ. 'II JlJ.. OOllt
"'" J ➔ 1 ..-tJ , ,.,o_rn TVimr.•m 1:1v:1a · TI/: Jlfir.o J
Board of County r-.,..mmj~ Anipaboer.mmtv Colondo 1ur 3 l.l,-'.1 m'>'TJ') ."3T'JJl;)II 12. ---., in Iv ~ r ·1 ~ I}' •o~ 'U! Y Ill/ 1 . Hl.J "I' 1·).nOWI
• 1'1 .-1 , , , n, n HJ'i
Justin A. Hiillel on behalf of the Boan! of County Commissioners
Pursuant to Resolution Number Ol'JOI 19
,. u
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Hl.
SUBGRANTEEAGREEMENTFOR
2000 ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: CITY OF ENGLEWOOD , :
PROJECT NAME: FAMILY RESOURCE CENTER RENOVATION
PROJECT NUMBER: OO-EN-PF-023
C L
This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe,
Stale 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 (berciiia1lar re~ to as the
SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project fur Program Year
2000.
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 provi ding decent housing, a suitable living environment and expanding
economic opportunities, principall_v for low and moderate income persons.
The project by the City of Englewood known as the Family Resowi:e Center Renovation Project (Pr.-iject)
has been categorized as a Public Facilities project and the SubGrantce will maintain documentation with
the national objective ofLimited Clientele activities.
The SubGrantce may proceed to incur costs for tn~ Project as of May 22, 2000 unless made contingent
under Section II-F . Environmental Reviews, below , ar,d/or subject to the SubGrantce receiving an official
"Notice to Proceed" from the County .
IT. WORK TO BE COMPLETED BY THE SUBGRANTEE
The following provisions outline the sco pe of the work to be completed:
The SubGrantee will utilize CDBG funding to perform renovations to a facility owned by Arapahoe House
for use as a homeless family resowi:e center. Cunently, only the basement of the facility is in use by
Ar.lpah.:-e Ho1!se; it is the agency 's intention to lease the main and upper floors of the facility to the
Western l .l'i',1ahoe Coun~; Homeless Alliance . The main floor will be used for counseling and office
sp ace, community ro ollls, and dining faciliti~s. The uppe r tloo r will be utilized for living space fo r the
homeless families.
A. Payment
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'(!in, :n.JlJI ~ a.-.1 ,~ ~ 1h11 1111 tll!II IID!IUPI fo .~W ~ County lDllr thil
m •• ~_shall !IOI axpi .$15,IC/0-90-~jar ~ .... of1~ apea,-lball be
i • ~ I.he lillll item q~ ~lied in jixbibit A ,P in ~ with pd,imance
criteria established in Sec;ti~ n::t: ,',llia ,pani• ~y. ~lbat ,\bl~ la ID be
paid with CDBG fundl received from the l'ederal government, and that the obliplion of lhl County
to :nakc payment to SubGranlce is cootingent upon reccii~t C A11iti fipla. ID lhl CMld tbat aid
funds, or any part then:ot; are, or become, unavailable, then ti•¢ C umy may immodillely 1mninlle
or amend this•~ To !!ieextcu1c.R.S. § 29-1-110 is n,:i 1->'t!lle, mylilllncialobliplionof
the County to the SubGrantee beyond the current fiscal yea~ is · · contingmt upon adequate funds
being appropriated, budgelt'i aad Olbcrwisc available.
B. Timellne
All Project activities will be completed by June 15, 2001 unless this Agreement is modified by
mutual agreement of the County and SubGrantee.
-C. Performance Criteria
In accordance with the funding application submitted by the SubGrantee for the Project, the criteria
listed below are to be met during the executicn of the Project
I. Quantifiable Goals :
The SubGrantee will utilize CDBG funds to perform the following renovations to the
facility located at 3301 South Grant Street:
• Install non-skid surfacing to front entry ramp
• Repair office ceiling damage
• Install two fire/security doors
• Repair and/or replace six exit lights
• Repair nine sinks
• Repair walls in two restrooms
• Repair hall floor
• Install two tub/shower units
All renovations are to be performed in compli:mce with in accordance with industry
standnrds and in compliance with the guidelines established by the Americans with
Disabilities Act and any loc.illy applicable codes and standards.
2. Conununity Impact:
The Project will decrc:ise the schoc.! absences of homeless children in western Arapahoe
County by 25% .
2
lLrl nb U '{lnUO J Ttii ~~ '~•wriltai1recads7 dni,nni,grillfti: 'fln,ject'1 oodnnunity
~d llufE 1,'' ~ fin' I penddloffiyt"yem fb~ ~oli l>rtbe l'loject '111i■ iilbmation •
,ru;~n ,Juw ia to be 'md1available (upon ~uesl)'to Ariplhoe Collntyordie U,S.'De/iiitment of
~d 01 ,uu.~vdo e~ and Urban Development forinollit.oringpurpoeei . L
{ll'.v'J! m D :l
3. Project MileslOllcS:
Jwie 30, 2000:
September 30, 2000 :
December 31, 2000 :
Man:h31,2001 :
Develop renoVllion specificatiom
Develop and issue project bid documents
Execute construction contract(s)
Begin renovations
Complete reaovilions
Open shelter/resource center
II
Jwie 15, 2001 : Submit final drawdown and completion report to County
D. Reportine Requirements
I. Each SubGrantee Drawdown Request will include progress reports for the period for
which payment is being ~uested.
2. Project reports will be due within 30 days following the end of each calendar year
quarter (March 31, June 30, September 30, December 31) until the Project is completed.
3. A Project Completion Report will be due 30 days after completion of the Project
4. The official annual audi1 and/or Financial Statemeu:s for the SubGrantee in which both
revenues and expenditures for the CDBG Projects described herein are detailed are due
annually.
E. Labor Sbodards (Davis-Bacon)
It is determined that :
This project includes activiti,.~ ~uiring compliance with federal labor standanls. SubGrantee is to
contact Arapahoe County Housing and Community Development Services Division staff for
information regarding federal labor SI JndJrds compliance prior to bidding tl1c Project SubGranie c
shall comply with all applicable federal labor standards .
F. Eavlroameotlll Review
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The SubGrantee will not commit or expend any Project fimds prior to completion of the mquired
environmental 'miew priicm by Anplboe 'Gotmty 'llld the ~ of any llece&SIIY Release of
Funds from the U.S . Departtnent ofHousing and1Urban Development. •dui
G. Uniform Relocadoa Act (URA) l
q
Project activities do not require compliance with the Uniform Relocation Act
'I
H. Lead Based Paint Hazards
SubGrantee shall comply (as applicable) with 24 CFR Part 35, rcgaiding the requiremcnls for
notification, evaluation, and reduction of lead based paint hazards in housing projects m:civing
federal assistance.
m. RESPONSIBILITIES OF TIIE SUBGRANTEE
A. Federal Complillnce
The SubGrantee shall comply with all applicable federal laws, regulations and requirements, and all
provisions of the grant agreements received from the U.S . Department of Housing and Urban
Development (HUD) by the County. These include but are not limited to compliance with the
provisions of the Housing and Community Development Act of 1974 and all rules, rqulations,
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 Pan 570;
2. 24 CFR Parts 84 and 85;
3. Title VJ 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 guidelines established in CPD Notice 90-44;
9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Pan 39 ;
I 0. Equal employment oppommity and minority business enterprise regulations established
in 24 CFR pan 570.904;
11 . s~ction 3 of the Housing and Urban De,·elopment Act of 1968 ;
12. 1'0n.Jiscrimination in employment, establ ished by Executi,·c Order I 1246;
13 . Lead Based paint regulations established in 24 CFR Parts 35 and 570.608;
14. Audit requirements established in 0MB Circular A-133; and
15 . Cost principles=· hed in 0MB Circulars A-87 and A-122 .
4
11 -. .q !!< 111 • n. ,, ,~ Jrif
Additionally, in actordance wilb 24 CFR Part 570, 11D 1cmpl~ official, ~I.or COIIIIUlllat of the
SubGrantec shall exercise any >liml:tion or rblpoasihility in 1wbi:h 1a 'conflict of,inltrelt, ra1 or
apparen, would arise. The SubGrantee cannot engage in a federally funded colllnct wilb any
entity registered in the Lists of Parties Excluded From Fi:deral l'nlc:unlmenl or NollplOCIIRIIlent
Programs.
B. Non-Appropriations Clause
The SubGrantec agrees that it will include in ,:very conll1cl it enters, which relies upon CDBG
monies for funding, a non-approprialion clause that will pracect itself and the County from any
liability or responsibility or any suit which might result lrom the discontinuance of CDBG fimding
for any reason. Because this SubGrantec Agreement involves funds from a federal grant, to the
extent there is a conflict the funding provisions of this SubGrantec Agrecmen, the federal grant and
the federal statutes control rather than the provisions of Section 24-91-103 .6, C.R.S. with regard to
any public work projects . I
C. E1peadlture Restrictions
All CDBG funds that are approved by HUD for expenditure wider the Cowity's grant :igreemen,
including those that are identified for the SubGraatec's Projects and activities, shall be .!located to
the specific projects and activities described and listed in the grant agreements. The alk caled funds
shall be used and expended only for the projects and activities for which the funds are ic :ntilied.
D. Agreement Cbuges
No projects or activi ties, nor the amount allocated therefor, may be changed without a_9proval by
the County and acceptan ce of the revised Final Statement and/or Consolidated Plan b;, HUD, if
required . Changes must be requested in writing and may not begin until a modificatio.1 to this
Agreement is full y ex ecuted .
E. Direct Project Supervision and Administration
The SubGrantee shall be respons ible for the direct supervision and administration of its respective
projects or activities . This task shall be accomplisbl"d through the use of the SubGrantee's staff,
agency and employees. The SubGrantee shall be responsible for any injury to persons or damage to
property resulting from the negligent acts or errors and omissions of its staff, agents and employees .
Because the SubGrantee is responsible for the direct supervision and administration of its projects
or activities, the County shall not be liable or responsible for cost ovemms by th•-Sl'bGrantee on
any projects or Jc tivities. The County shall have no duty or obligation to provide any add itio nal
fundi ng to the Sub Grantee if its projects or activities c:innot be completed with thr. funds allocated
by the County to the SubGrantec . Any cost overruns shall be the sole responsibility of the
SubGrantec.
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,I The Sijl,Graqtee am:ees Iha! all fiuvlc ~ i it or IDDfOV~ projectJ or IClivilia W 6e W soldy .for l!ie ~app'irorQved b· th~ r ~<l•f ' 1,£ §aid fimds lhall DDt be
l , 1 , Jo .J. ( ' IL , ,1 P.I T" ,'l!i"~. ~
used ,or any non-approvea pittp0scs. ~ ,,., 11 .,
2. 'IJ!e SWJ9rmtee ~ Iha! the funds allocated for !lllY ~pror 9(1 projegtl or activities
lhall be sufficient to c6mplete said ~jects or ac'tivities without any ..dditioml COBO funding. ~ (f Ul)I I J
F. Indemnity
To the extent allowed by law, the SubGrantee $hall indemnify and bold harmless the County and its
elected and appointed officials , officers , employees and agents from and against any and all losses,
damages, liabilities . claims, suits , actions or costs , including attomeys fees, made, asserted or
incurred as a result of any damage or alleged damage to person or property occasioned by the acts
or omissions of SubGrantee, its officers, employees , agents, contractors or subcontrac tors , arising
out of or in any way connected with the Project or the perfo~and of this contract.
G. Bondine and Insurance
If the SubGrantee's projects invo lve construction activities , any Contractor it uses for said activities
shall be required to pro vi de and maintain, until final acceptance by the SubGrantee of all work by
such Contractor, the kind5 3.1,d minimum amounts of insurance as follows :
I. Comprehensive General Liability : In the amount of not less than $600 ,000 combined
single limit. Coverage to include :
a. Premises Operations
b. Products/Completed Operations
c. Broad Fonn Contractual Liability
d. Independent Contractors
e. Broad Fonn Property Damage
f. Employees as Additional Insured
g. Personal Injury
h. Arapahoe County and the SubGrantee as Additional Named Insured
i. Waiver of Subrogation
2. Comprehensi ve Automobile Liability: In the amount of not less than $600,000
combined single limit for bodily injury and property damage . Coverage lo include:
3 .
a. Arapahoe County and the SubGrantee as additional Named Insured
b. \\' ai ve r of Subrogaii011
Employers Liability and Workers Compensation : Th,: Contrack?r sh,all SCC1F, and
maintain employer's liabi lity and Worker's Compensation Insurance that will protect
6
fn1lS 10 z.;:x,11
:>r4 :or, Jb rlz ~lJ, •,I r ;il ~'any' and a11 ·~laims resulting from in'llries 101~ ,,.i,.,.iiirJirms en ed
• 'JI ' :-J l'il I " ed 't'!JI . , ' ~ j'. . pg m wonc unaer any conlnlet fund pursuan lo this agreement Covenige to mclude
4.
Waiver of Subrogation. " " ,J: 1 'd
All referaiced insurance policies and/or certificates of insurance shall be subject to
~ following stipulalions : ' ' n,
a.
b .
C.
d
"'·
Underwriters shall have no rights of recovezy subrogation~ A.9Pahoe
County or the SubGrantee; it being the intent of the patties IIID the iilkance
policies so effected shall protect the parties and be primary covenige for any
and all losses covered by the descnl>ed insurance.
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 SubGrantce.
Toe insurance companies issuing the palicy or policies shall have no
recourse against Arapahoe County or the SubGrantee fo t payment of any
premiums due or for any assessments under any fonn of any policy.
Any and all deductibles contained in any insurance policy shall be assumed
by and at the sole risk of the Contractor.
5. Certificate of Insurance : Toe Conlillctor shall not commence work under any
conlillct funded pursuant to this Agreement unti l he bas submitted to the
SubGrantee, received approval thereof; certificates of insurance showing that he has
complied with the foregoing insurance requirements . Toe SubGrantee shall also
submit a copy of the Contractor's certificates of insurance to the Coun ty.
6. Notwithstanding the ,rovisions contained in this paragraph (H) set fonh
hereinabove, the County reserves the right to modify or wai ve said provisions for
projects or activities for which these provisions would prove prohibitive . Toe
SubGrantee understands, however, that the decision to waive or modify those
provisions is fully within the discretion of the County.
In accordance with 24 CFR parts 84 and 85, the follo,ving 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 per fo rmance bond on the part of the contractor for 100% of the co ntract price; and
3. A paym e111 bo nd on the pon Jf thc contracto r fo r 100% of the co ntract price.
H. Records
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The ~tee ~ ipaiDlain a comp~ act of boo"4 .ftlld_ra:ords ~ iC, uac 9f CDBG
funds and ita ~on and admiaialnlion of the Project. ,R=>rds arc to iDc.liuLo dcx:mnentalion
verifying Projeci eligil>ility and nalional objective compliance, as well u financial and other
administrative aspects involved in perfonning the Project Tpc ~,ubGraolec sba11 pniy;ide fWI
access to these books and records to the County, the Secretary of HUD or his designee, lbc Office
oflmpector Gencnl, and lbc General Aa;owUinl Office so Iba! compliance with Fedcnl,m and
regulations may be confumed. Tho SubGIBlllcc funher agrees to provide to the Coumy upon
rcquest, a copy of any audit reports pertaining to the SubGrantee's financial operations during the
term of this A~ All records pertaining to the Project are to be mainlained for a minimum
offive years following close-<>ut of the Project
I. Reporting
The SubGrantcc shall file all reports and other information necessary to comply with zpplicable
Federal laws and regulations as rcquired by the County and HUD . This shall include providing to
the Co.111ty the information necessary to complete annual Performance Reports in a timely fashion.
J. Timeliness
The SubGrantcc 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 cacb Project
phase, if applicable, through the completion of the projects. The SubGrantcc shall coc:ply with
timetable for completion of the project:;. The SubGrantcc understands that failure tq comply with
the timetable may lead to a cancellation of the Project and a loss of all unexpended funds, t!Dless the
County determines that there are extenuating cin:umstanccs beyond the SubGrantcc's colllTOI and
that the projects will be completed within a reasonable length of time. The ti:nctlble's
implementation shall begin when the County provi des written notification to the SubC.-:mtcc to
proceed .
K Reimbursement for Expenses
The SubGrantcc agrees that before the County can distrit 1te any CDBG funds to it, the S~tcc
must submit to the County's Housing and Comm .-nity Development Services Division
documentation in the form required by that Division which properly and fully identifies the 1D1ount
which the SubGrantee is requesting at that time. The County shall have ten (10) working days tc
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 program incom< directl y rieri ved from th e Ar.lpab oe County Communi ty Developmi:::t Blo ck
Grant Program recei ved by the SubGrantcc will be retained by the SubQrantcc and will be
• dispersed for its approved CDB G Project activities before additional CDBG funds arc requested
8
:: T liom the County. Pdllowina compl~on of the S~s1~1ciunty° O)BG Profec:11, all
program mcome directly pnera1ec1 &om tbe use ortbMW Viil1 ~" temitted \II t11e Coanty.
l.,I '.,: \JJlJ
M. l\sset Muapmeat :JI
Any single parcel of real propeny under the SubGr'aritee's control Iba! was acquired or improved in
whole or in part with CDBG funds in excess of$2S,OOO will either:
N.
I. Be used for an eligible CDBG activity, u de:..~..! by the County, for a minimum
of live (5) yem following completion of the S~btmee's projects;
OR
2. Be disposed of in a manner that results in the (01\nl) s l,t.'ing' ~burted in the
amowit of the current fair market value of the propt:1y less any portion of the value
attributable to expenditures of non-CD BG funds for a.:quisition oC, or ~vements
10, the property. Reimbursement is not r.lquirecl lter five (5) years fi>llowing
completion of the SubGrantee's projects. •
State and County Law Compliance
All responsibilities of the SubGrantee enumerated herein shall be subject 'to applicable State
statutes and County ordinances, resolutions, rules, and regulations.
0. Envlronmen12t Review
The SubGrantee agrees that no CDBG a11ds will be legally obligated to any Project ;,, tiv:ty :iefore
the County has completed federal NEPA mvironmental 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. Suspension or Termination
This Agreement may be suspended or tenninated by the Cowity if the SubGrantee materially fails
to comply ,vith any term of this Agreement. Th is Agreement may also be terminated for
convenience by mutual agreement of the County and the SubGrantee.
R In the e\'ent that the Unit of General Local Go,·ernment should withdraw from the County's
"Urbnn County" designation, th is Agreement shall terminate as of the termination date of the
Cowity's CDBG grnnt Agreement with HUD .
S. The SubGrnntee certifies that to the best of its knowledge and belief:
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dfl b,
_]. !II
, '" ,, li· 1 ' • :r, l :,(1 Ur,,. 1JJ rfT
No,Fodnl approprillfl4 ~ bav, 11,aa,paid« will IJ4ipai!l.by,.or ~ bebalf of it,
to any penon for influencing or lllempting to influence an officer or employe: of
any agency, a Member of Conpa, av.dca;cr ~tol'!Coqm\l, or an
employe: ofa Member ofCoapu in '41111CC1ion with the &WIiding of any Fodnl
cootraa, the makiDc of any Fednl, 111111, lbe maldna oCany-Fedllll loan, the
entqing Ullo of fP.Y coopcnliw ~ lllli the CIXtallioo. conmwation,
raiewal, amendment, or modificllion of my Fodnl comnctir pat. loan, or
cooperative apemcnt; and, '
1:
2. If any nmd., other than Federal IRffl)prialed ftmds h,,, • bc:c;i paid or will be,paid to
any person for influencing or attempting to influcnr:o ~n officer 'or anployea of any
agency, a Member of Congress, an officer or empln _ -~ <l t Congress, or an employee
of a Member of Congress in connection with thts Federal •;ontract, grant, Iola, or
cooperative agreement, it will complete and submit Standard Form-Lil,
"Disclosure Form to Report Lobbying.• in accord.u·~ ,, ·:1 ith i~s instructions.
T. Dlsallowance
If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the
SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then
the SubGrantee shal l reimburse the County to the fall extent of the disallowance.
IV. RESPONSIBILITIES OF THE COUNTY
A. Admlnlstradve Control
The Parties recognize and understand that the County will be lb . governmental entity required to
execute all grant agreements received from HUD pursuant to the County's requests for CDBG
funds . Accordingly, the SubGrantee agrees that as to its projects or activities performed or
conducted under any CDBG agreement, the Couruy shall have the necessi :y administrative control
~:quired to meet HUD rtquirements.
B. Performance and Compliance Monitoring
The County's administrati ve obligations to the SubGrantee pursuar \ to paragraph A above shall r~
limited to the performance of the administrative tasks necessary to make CDBG funds avai lablt to
the SubGrantee and to pro vide l Monitoring Specialist whose job it will be to monitor the various
projects ~ed with CDBG monies to monitor compliance with aprlicable Federal laws and
regu latio ns.
C. Reporting to HUD
10 ~
The Coualy will be lllpOlllible fi>r ~ dial 111-,, repcx11111d mbmalian required of the
·1, '' Counly ae fltll,wfdl HUD 111d odMlr ljlpliilllblt'N!MI illlim• ln 1i !dmelf mbioll.
r . . gmor.< unm ,ol n .,,, Jl
V. .1Xl11NTOJ '.l'BIAGREEMIINT um 11 ,dm,M a 11
• 11 •~ 10 l1 / I
1'hll ...-m, IDcludiDa<my docummlll llllcbe4 uabibm wbieb •ainby incorpol1led herein
by llfaeia, rci--ts tbe entire 111d intepde41pii1ent ~-tbe 'County 111d SubGrmtec
11111 mpc:n:lldes Ill P'KI! ~ !9plllllllllliODS cir lpllilCIIII, ei1lilr written or otal. Any
amendmenll to lhis lpCIIICDI must be in writing 1111d slp!d by bolh the County and SubGrantee.
If any portion of !his agr=ncnt ia found by a court of competent jurisdic:tioa to be void and/or
IIIICldiln,eable, ii ia the illfmt of the partia llattbe n:mainingporlioni oftbis agrecment shall be of
11111 for\1e and effect. ,,
1·
I I I l
l •
11 I
•
•
In Wimess WIimot; the Parties hl:ve CIUICd lhis Apemeat ID be duly aecullld this ___ day of
__________ __,2000.
, Timnn
Title : _______________ _
Board of County Commissionm
Arapahoe County, Colorado
Justin A. Hamel on behalf of the Board of County Commissioners
Pursuant to Resolution Number 000119
12
J/
,I
1 ch
000~ •
EXHIBIT A
PROJECT BUDGET
COLUMN A COLUMNB COLUMNC COLUMND
P,-JICI AdMdll Eld.....iTel&IC..•r CDIGF•IIU °"""'-~ (lptdll'., ....... , Mlhfly
Noo..Wuflaac1iraury mo mo so
"'"'
R.c;,,,rca1.,.=-.mo111cu 2,100 l.100 0
lnsull l fomeariiy doon J,)60 J,)60 0
,-r •
R,;,oimqllx, 6 ml l.i,,s l60 l60 0
~9 rtlDm and ratoom .., .. l,ffl l,ffl ~
Rcpairwills inlfall"OOIN 910 910 •
R,p,i,halllloo, 910 910 0
WWI 2 IUblshower units in 2 •.G60 •.G60 0
"'"" ..
Miscclt&ncow minor rq,ain "'° "'°
TOTAL: m.ooo SU.000 50
•
•
b 1 • SU13G~E AG~~ FQR O ,r ,rrr t.m ,1
2000 ~,.\IIOE.COUNl'Yu. , .o ru c .r,
COMMUNITY1DEVEI:OPMENI' BLOCK GRANT FUNDS ,rr o
l,nr :,i.-,l~i
SUBGRANTEE: ClTY or ENGLEWOOD
PROJECT NAME: FAMILY SELF-SUFF1CIENCY
PROJECT NUMBER: OO-EN-PS-024 ,r,
i'
This Agreement is made by and between the Board of County Commissioners of the County of Anpahoe,
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 (CDBG)•Project for Program Year
2000 .
I. PURPOSE
The primary objective of Title I of the Housing and Community Development Act of 1974, as amended,
and of the Cormnunity Development Block Grant (CDBG) Program under this Title is the development of
viable urban communities, by providing decent housing, a sllital:,le living environment and expanding
economic opportunities, principally for low and moderate income persons .
The project by the City of Englewood known as the Family Self-Sufliciency Project (Project) bas been
categorized as ; Public Services project and the SubGralltee will maintain documentation with the national
objective of Limited Clientele activities.
The SubGrantee may proceed to incur costs for the Project as of May 22, 2000 unless made contingent
under Section Il-F . Envir ,nmental Reviews, below, and/or subject to the SubGrantee receiving an official
''Notice to Proceed" from the County.
U. WORK TO BE COMPLETED BY THE SUBGRANTEE
The following provisions outline the scope of the woril: to be completed :
The SubGrantee will utilize CDBG funding to provide case management, job training, education, and other
services to Englewood Housing Authority tenants in order to increase the financial self-sufficiency of the
families.
A. Payment
It is exP=5ly agreed and understood that th~ total amount to be paid by the County under this
contract shall not exceed S10,000.00. Drawdowns for the payment uf eligible expenses shall be
made against the line item budgets specified in Exhibit A and in accordance with performance
criteria established in Section Il-C. TM parties cXpRSSly recognize that the SubGrantc-e is to be
paid with CDBG funds received from the federal government, and that the obligation of the County
l
lo make payment lo ~is~ ~ ~ftmda. In the event that said
funds, or any part thereof; are, hr "\11lG~Ji;;~all~-1btn ldll/~unty may immedialely tcrminlle
oramcailibis~ITotbetftdt,C.R,S.§129.l•llOiilAlhaibl~bm:ia}obliptionof
the County lo the SubGrantce beyond the current fiacal year is also colllingent upon adequale funds
being appropriated, bwtaeted 111d olblrwilc available. ' , ,
I I!'!
B. Tlmellne
All Project activities will be completed by Jue 15, 1001 unles& ~ Agreement is modified by
mutual agreement of the County and SubGrantee.
C. Pafonaaac:e Criteria
In accordance with the funding application submitted by the SubGrantcc for the Project, the criteria
listed below are lo be met during the execution of the Project
I. Quantifiable Goals :
The SubGrantce will provide case management, training. anJ other self-sufficiency
related services to 25 Englewood Housing Authority tenant liunilics.
2. Community Impact:
Families participating in the Family Self-Sufficiency progllllll ~ reduce their
dependency on T ANF and Food Stamps by 50% during the course of the Project
The SubGrantce will maintain written records documenting the Project's community
impact for a period of five years following completion of the Project. This infonnation
is to be made available (upon request) to Arapahoe County or tbr U.S. Department of
Housing and Urban Development for monitoring pwposcs.
3. Project Milestones :
June 30, 2000 :
Septcmbcr 30, 2000 :
Quarterly milestones
Provide services to 16 existing tenant families
Enroll l new tenant family
Cwnulatjve milestones
Provide services to 17 total tenant families
Ouarterlv milestones
Provide services to I 6 existing tenant families
Enroll 2 new tenant family
Cumulative milestones
Services provided to 19 total tenanl families
•
•
lOJU:llill' 0 Decmlbcr 31 , lOOO:
OJ 10i ti r< l1
,a,::,, II '{IL ,.
March31,2001 :
June IS, 2001:
D. Report1u1 Requirements
AMen,riy fflilnfmn '1 ltltr!lrtfOOl ,n3
Provide~ IO 17 ~'.!I llllaat ~ .,ti.
Enroll 2 11111W 11m1nt,f11111ilif!s , l1l
J uol I, ru , 1~
Cymulatjye mi!,;stones
Provide services lo 2 !;Iota! lmlllt ~,. , . ~
Oyart,;rjy mjJCIIPPC3
Provide services to 18 exi sting tenant families
Enroll 2 new tenant families
Ii
Cumula!jye roiJestones
Provide services to 23 total tenant families
0umtqty milestones
Provide services to 19 existing tenant families
Enroll 2 new tenant family
C1PDulative mjlestones
Provide services to 25 total tenant families
Submit final drawdown and completion report to County
I. Each SubGrantee Drawdown Request will include progress repol'IS 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. A Project Completion Report will be due 30 days after completion of the Project
4. Toe official annual audit and/or Financial Slalcments for the SubGrantce in which both
revenues and expenditures for the CDBG Projects described bcn:iD are detailed are due
annually.
E. Labor Standards (Davis-Bacon)
It is determined that
Project activities do not n:quirc compliance with federal labor standards.
F. Envirollmatal Review
3
Environmental review will be C01Dpilllld'lly Anplboc County Gfaffm mdmto determine .. t«,..,et
lbrlher action is itijcessuy , The SubOnnlee wilh1ot commit or expend any l'rlject funds prio, to •
the completion of the requind tiivinmmenlal m-illV, procas and receipt of any necessary ~l ~
of Funds from the U.S. Department of Housing and Urbau D..,.elopment.
G. Uniform Reloeadon Act (URA)
Project activities do not req~ complimcc witb Ille Uniform Relocation Act
ID. RESPONSilllLITIES OF THE SUBGRANTEE
A. Federal CompUance
The SubGrantee shall comply with all applicable federal laws, regulalions and requirements, mi~ nJ!
provisiom of the gr.mt agreements received from the U.S. Department of Housing and Urb1111
.Development (HUD) by the County. These include but ar e not limited to compliance with the
vrovisi;;ns of the Housing and Community Development Act of 1974 and all rules, regulalions ,
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 a.~d
regulations are as follows:
I. 24 CFR Part 570 ;
2. 24 CFR Parts 84 and 85; ,n 1,'I
3. Title VI of the Civil Rights Act of 1964;
4. Title VlII of the Civil Rights Actof 1968;
5. Sections 104(b) and 109 of the Housing and Cgmmunity Developmmt 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 1973;
8. Asbestos guidelines established in CPD Notice 90-44;
9. The Ene rgy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39 ;
10. Equal employment oppol1Wlity 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 Parts 35 and 570.608;
14. Audit requirements established in 0MB Circular A-133; and
15 . Cost prim;iples established in 0MB Circulars A-87 ar,d A-122.
Additionally, in accordance with 24 CTR Part 570, no employee, official, agent or consultant oflhe
SubGrantee shall ~xercise any function or responsibility in which a conflict of interest, real or
apparent, would arise . The SubGrantee cannot engage in a federally funded contract with any
entity registered in the Lists of Parties Excluded From Federal Procurement or Nonprocurement
Programs . •
•
•
•
B. Noa-Appropriadoa1 Cla11~
The SubGrantee aazees that it will include in every &\nttact it •• wlllch ' Ii'!!.~ CDBG
monies for 1ftlndin& 'a non-appropriation cl& that wtitprotect l~t! ml 'C:outay ~ my
liability or responsibility or my suit which mlaht result t6iil the ' I " of CDBO funding
for 1111y reason. Becawe this SubGrantee Agreement involves ~ li'/nn a 'fecMiil 'pm, to the
extent there is a conflict the ftmding provisions ofdlis SubGhntee A-ent, 'the feden11grant and
the federal ~tes control rather than the provisions of Section 24-~-103.6, C.R.S. with'~ to
any public work projects . ,I
C. Expenditure Restrictions
All COBO funds that arc approved by HUD for expenditure under the County's grant agreement,
including those that arc identified for the SubGrantee'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 arc identified.
D. Azreemeat Chances
No projects or ~tivities, nor the amount allocated therefor, may be c!langed without approval by
the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if
required. Changes must be requested in writing and may not begi:a until a modification to this
Agreement is fully executed.
E. Di.net Project Supervision and Administration
The SubGrantee shall be responsible for the direct sup 0 rvision and administration of its respective
projects or activities . This task shall be accomplished through the use of the SubGraotce's staff,
agency and employees. The SubGrantee shall be responsible for any injury tb persons or damage to
property resulting fi:om the negligent acts or errors and omissions of its staff, agents and employees.
Because the SubGrantee is responsible for the direct supervision and admioistration of its projects
or activities, the County shall not be liablt or re,;ponstble for cost overruns by the SubGraotee on
any projects or activities. The County shall have no duty or obligation to provide any additional
fonding to the SubGran tee if its projects or activities cannot be completed with the funds allocated
by the County to the SubGrantee. Any cost overruns shall be the sole responsibility of the
Sub Grantee.
F.
I. The SubGrantee agrees that all funds allocated to it for approved projects or activities
shall be used solely for the purposes approved by the County. Said funds shall nnt be
used for any non-approved purposes .
2. The SubGrantee agrees that the funds allocated for any approved projects or activitie.<
shall be sufficient to complete said projects or activities without any additional CDBG
funding .
Indemnity
5
)/
,-ur.l ) O<JOt;,qo,qqt .-oo\l' .8
;i:o die flllCilltallowed by law, the SubOrantee shall ~1~ld~~0Colll!\Y and its •
~)nd ~inled officials, officm,1emplovee.. .!:.-1 ~ ', · """• " )mv md '.\", loacs,
1t,,1 ~,lia&ili#es. claims, suits, ac:tions cif;~--rin,;iiidfna .. ~,;~,~~ or
ipcumd II a rei1ilt of any damage or alleacd ~to~ 0( pri,pqty o§i¥ by, the acts
or omiAiom of SubOrantec. its officers, employca, agC1111, co~ or 1~ wing
out ot or in any way connected with the Project or the perform_,pce ofihis contract.' · · _1.
G. Boadln1 aad lasanace
If the SubGnntee•~ projects involve construction activities, any Contra.'1i>~ it usd'ror ssid a::ti,~ties
shall be required to provide and maintain, until final acceptance by the SubGralllee of all work by
~.b Contractor, the kinds and minimum amounts of insurance as iollows:
I. Comprdiensive General Liability: In the amount of not less than S600;iJoo combined
single limit Coverage to include :
Premises Operations
Products/Completed Operations
Broad Fonn Co11tractual Liability
Independent (:ontracto~
Broad Fonn Property Damage
Employees as Additional Insured
Personal Injury . . "
Ar.lpahoe County and the SubGiantee as Additional Nanicd Insured
Waiver of Subrogation
2. Comprdiensive Automobile Liability: II) the, amount of not less than $600,000
combined single limit for bodily injury and property damage. Coverage to include :
a. Ar.lpahoe County and the SubGrantee as additional Named Insured
b. Waiver of Subrogation
3. Employers Liability and Workers Compensation: The Comrac!or ¥J secure and
maintain employers liability and Workers Compensation Insurance that will protect
it against any and all claims resulting from injuries to and dcad1 of workers engaged
in work under any contract funded pursuant to this agreement Coverage to include
Waiver of Subrogation.
4. All referenced insurance policies and/or certificates of insurance shall be subject to
the following stipulations:
•
a. Underwriters shall have no rights of recovery subrogation against Ar.lpahoe
County or the SubGrantee; it being the intent of "-parties that the insurance
policies so effec 1ed shall protect the parties and • , primary coverage for any •
and all losses covered by the descnbcd insurance.
6
•
,Idc,ilqqL rl!i.
Ol gnihrvo1 ,tr
~ rl·'
b. The clause entitled "Olhcr Imuiiai!e Proviaiolia-col!lli8ld III my policy
includlna Arapahoe County ii 'an~tional Dlillied illl1rid 111111 iii apply
to Arapahoe County or the SuliGtmtee. 11
c. The insurance companies issuing the policy or policfesl shall hive no
recoune against Arap!hoe County or the SubG!llltce fur payment of any
premilllll5 due or fur any assessments under any form of my 'policy ..
d. Any and all deductioles contained in any insurance policy shall be assumed
by and at the sole rift of the C0111J1ctor.
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 thereo~ certificates of insurance showing thal he has
complied with the foregoing insurance requirements . The SubGrantee shall also
submit a copy of the Contractor's certificaies of insurance to the County.
I I
6. Notwithstanding the provisions contained in ~ paragraph (H) set forth
hereinabove, the County reserves the right to modify or waive said provisions for
projects or activities fur which these provisions would prove prohibitive. The
SubGrantee undemands, however, thal '·,e decision to waive or modify those
provisions is fully within the discretion of•.! : County .
In accordance with 24 CFR pans 84 and 85, the following onding requirement:; sha_'' 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 perfonnance bond on the part of the contractor for I 00% of the colllrllCI price ; and
3. A payment bond on the part of the coniractor for 100% 11fthe contract price.
The SubGrantee shall maintain a complete set of books and records documenting its u.;c of CDBG
funds and its supervision and administration of the Project. Records are to include documentation
verifying Project eligibility and national objective compliance, as well as financial and other
adminislralive aspects involved in performing the Project. The SubGrant.ee shall provide full
access to these books and records to the Collllty, the Secretn;' of HUD or hi! desigm.e, the Office
of Inspector General, and the General Accounting Office so Iha! compliance with Federal laws and
regulations may be confirmed. The SubGr:mtee further agrees to provide to the County upon
request, a copy of any audit reports pertaining to the SubGrantee's financial operations during the
tenn of this Agreement. All records pcnaining to the Project are to be maintained for a minimwn
of five years following close-out of the Project.
L Reportine
7
The ~ shall Ji)c all tql0IU and 01ba-~ aec.-y to c;omply with applicable
Fede:11 laww and rea!!_lali2ns u requi.'1d by ~ County 111d HUI),. Thia shall include providing to •
the County the information necesuiy to complete 111111111 Pciformallce Reporll in ;i timely fuhion.
J. Tlmellaess
Tot· SubGrantee has submitted to the County, aJonr with ita proposal. a description of the work to
be (ll'fformed, a budget, and a timetable delineating the length of time needed for each Project
phase , if applicable, through the completion of the projects . The SubGranlee shall comply with
timetable for completion of the projects. The SubGnnlee undemands that failure to COll'!)ly with
the timetable may lead to a cancellation of the Project and a loss of all unexpended funds, unless the
COWII}' detcnnines that there are extenualing cucumstauces beyond tbc SubGrantee's CODlrol and
that the projects will be completed within a ICIS0Dlble length of time. The timetable's
implemenwion shall begin when the County pro rides wrinen notification to 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's Housing and Community Development Services Division
docwnenwion in the form required by that Division which properly and fully identifies the amount
which the SubGrantee is requesting at that time. The County shall have ten (I 0) working days 10
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 program mme directly derived from the Anpahoe County Community Development Block
Grant Program n.ceivell by the SubGrantee will be retained by the SubGrantee and will be
dispersed for it~ approved CDBG Project acti,ities before additional CDBG funds are requested
from the County. Following completion of the SubGrantee's Arlpahoe County CDBG Projects, all
program income directly generated from the use of CDBG funds will be remitted to the County.
M. Asset Ma.1acement
Any single ~el oi real property under the SubGnntee's control that was acquired or improved in
whole or in part · tith CDBG funds in excess of$2S,OOO will either.
1. Be used for an eligible CDBG acti\lity, as determined by the County, for a minimum
of five (5) years following completion of the SubGrantee's projects;
Qi;
2. Be disposed of in 3 manner that results in the County's being reimbursed in the
amount of the cum.11t fair marlcct value of the property less any portion of the value
anributable to expenditures ofnon-CDBG funds for acquisition of, or improvements
to , the property. Reimbursement is not required after five (5) years fJ llowiilg
completion of the SubGrantee's projects .
8
• 11, ~. Stuuad Coaaty Law Compllaace r ,, ·iu, , ., ,0 Ji 11
I .>d .~
All responsibilities of the SubGnmtee enumcnled h=i,11 ahall be sµ,bject 10 1,BPP,lical/le State
Slltlltes and County ordiJ1111ccs, resolutions, rules, and roegulations.
O. Envlro,:,.uieatal Review
I . ,I J,. n n ( I
11,
The SubGrantee agr= that no CDBG funds will be legally obligated to any Project activity before
the County bas completed federal NEPA environmental review procedures, u required by 24 CFR
Pan S8 .
If subcontracts are u.~ed on the Project, the SubGr.mtee agrees th at the provisions of this Agreement
shall apply to any subc:011tract.
Q. Suspauloa or l'erminatloa
This Apemcnt may be suspended or terminated by the County if the SubGrantec materially fili ls
to comp ly with any tcnn of this Agreement This Agreement may also be termina!cd for
convenience by mutual agreement of the County and the Subf',rantcc .
• R. in the event that tht: Unit of General Local Government should withdraw from the Councy•~
"Urban County" designation, this Agreement shall terminate as of the tcnniaation date of the :
•
County's CDBG grant Agreement with HUD.
S. The SubGrantcc certifies that to the best of its la:ow!edge and belief:
T.
I
I. No Federal appropriatt<l funds have been paid or will be paid, by or on behalf of it,
to any person for influmcing or attempting to influence an officer or cmplpyee oi
any agency, a Member of Congres5, an officer or employee of Conaress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuati on,
renewal, amendment, or modification of any Federal contract, grant, Joan, or
cooperati',e agreement; and,
2. If any fw:.ds other than Federal appropriaied 1U11ds have been paid or will be paid co
any person for influencing or attempting to influence an offi cer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an cmpioyee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperati ve agreement, it will complete and submit Standard Form-LLL ,
"Disclosure Form to Report Lobbying," in accordance with its instructions .
Dlsallowance
9
If it is detennined by HUD or other federal aa~ lllii" llie1~ Whole Ir in pan, fbr Ille •
SubGrantcc's Project or activity was improper, i.-.appropriate or incliS1'ble for reimbuncmcnl, then
the SubGrantee shall reimburse die Cbunty to tl:.e lW1 exii:nt of the Wowmice. .,
IV. RESPONSmll.ITIES OF THE COUNTY
J I 11'I ii
A. Admlnlstratlve Control
The Parties recognize and understand that the Cc,,mty will be the govemmental eatity requirr.d to
execute all grant agreements m:eived fiom HUD pumiant to the County's requcsai fbr CDBG
funds . Accordingly, the SubGrantee agrees Iha! a. to i1S projec'.s or activities perfonned or
conducted under any CDBG agreement, the County shall have the necessary admlnistrative control
required to meet HUD rcquimnents .
B. Performance and Compllaace Monitoring
The County's administrative obligations to the SubGrantee pursuant to paragraph A r.bove shall be
limited to the performance of the administrative tasks necessary to make CDBG fimis available to
the SubGrantee and to provide a Monitoring Specialist whose job it will be to moniror the various
projects funded with CDBG monies to monitor compliance with applicable Fclcral laws and
regulations.
C. Repor1ing to HUD
The County will be responsible for sccin& that all necessary reports and information rcquiml of the
County arc filed with HUD and other applicable Federal agencies in a timely fashion .
V. EXTENT OF THE AGRF.EMENT
This agreement, including any documents attached as exhibits which are hereby incorporated herein
by reference, represents the entire and integrated agreement between the Cot..uy and S1JiGrantcc
and supercedes all prior negotiations, representations or agreements , .:ilher written or orr J. Any
amendments to this agreement must be in writing and si~ by both the County and SubGraatee .
If any portion of this agreement is found by a court of competent jurisdiction to be void and/or
unenforceable, it is the intent of the parties that the remaining portions of this agreement shall be of
full force and effect
10
•
In W°111aa Wbmeo( die Parties have CIUlld lbil ~ 10 be duly executed Ibis ___ day of
------------' 2000.
J.. TIIUH/..:1
SubGrantce:. __ ~C..ii11J1Yc.1QLLf.1oE0111Klll1ew....,,ood-. _____ tOJ
'lh:lllas J. Burns
Title:. __ .,_,Ma.,,.yor=-------------
Board of County Commissio'lers
Arapahoe County, Colonido
Justin A. Hamel on behalf of the Board of County Commissioners
Pursuant to Resolution Number 000 I I 9
11
COLUMN A ,,..._
11,11111'..,, ... _,
c.n----
TOTAL:
ooo:
EXHIBIT A
PROJECT BUDGET
COLUMNB COLUMNC
t.....eT•C..•f a,ac,-......,
Sl0,000 S10,000
Sl0,000 I S10.000
J
COLUMND
011,a-f\oado~
$40,000
• ' -
5'0,000
•
•
', d, SUBGRAN'I'EE AGREEMENT FOR II r:;c-~ 1 ll.r
2000 ~AIIOE COUNTY ,, ·•, ,,. ,mo,
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ''llit
SUBGRANTEE: CITY OF ENGLEWOOD
PROJECT NAME: HOMELESS PREVENTION PROGRAM
PROJECT NUMBER: OO-EN-PS-025 q
This Agreement is made by and between the Board of County Commissioners of the County of Ar3Pahoe,
SWe of Colorado, for the Cor.1D1unity Development Block Grant Program in the C:Olllmlmity 1Services
Department (hereinafter refemo to as the County) and the City of Englewood (hereinafter referred to as the
SubGrantee) for the conduct of a Community Development Bloc '. Grant (CDBG) Project for Program Year
2000.
I. PURPOSE
The primary objective of Title I of the Housing and Community Development Act of 1974, as amended,
and of the Community Deve lopment 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 fo r low and moderate income persons .
The project by the City of Englewood known as the Homeless Prevention Program (Project) has been
categorized as a Public Services project and the SubGrantee will maintain documentation with the national
objective of Limited Clientele acti viti es.
The SubGrantee may proceed to incur costs for the Project as of May 22, 2000 unless made contingent
under Section II-F . Environmental Reviews, below, and/or subject to the SubGrantee receiving an official
"'Notice to Proceed" from the County.
II. WORK TO BE COMPLETED BY THE SUBGRANTEE
The following provisions outline the scope of the work to be completed:
The SubGrantee will utilize CDBG for an emergency loan fund benefiting lower income fiunilies in crisis
who may become homeless as a result of their siruations . The program will provide 24 month, interest free
loans (up to Sl,000) for short term housing expenses ; repaid loan funds will be recycled through the
program .
A. Payment
It is expressly tgreed and understood that the total amount to be paid by the CC'll!lty under this
contract shall not exceed $8,000.00 . Drawdowns for the payment of eli gible expenses shall be
made against the line item budgets specified in Exhibit A and in accordance with performance
criteria est:.blisbed in Section II-C. The parties expressly recognize that the SubGrantee is to be
1
paid with CDBG funds received !tom dill licrml/aovemlnent,:md Jbal ,ljle obliplion of die County
to make payment to SubGranree ii COatingenlM!ORl•Pt qf,u:h funds. In die event that said •
lilnds, or ~,part thcreo( ~ °" beco111t, unav~I~ then the 1~unty y1ipjip~Iy terminate
or amend this agreement To the extenl C.R.S. § 29-i-t 10 is 'applicabl~. any !inmiclh bligation of
the County to the SubG~beyond ~ current li.scal YF is aim contingent upon adequate funds
being~ budgeted and other,visc 'aviilabl~. -,1
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B. TlmellDe
All Project activities will be completed by June 15, 2001 unless this Agreement is modified by
mutual agreement of the County and SubGrantee.
C. Performance Criteria
In accordance with the funding application submitted by the SubGrantee for the Project, the criteria
listed below are to be met during the execution of the Project.
I. Quantifiable Goals:
The SubGrantee will provide interest free loans (up to Sl,000 each) to 16 income
eligible families who are experiencing an emergency which, if not alle\iated, .nay
precipitate homelessness. Loans may last for up to 24 months. Prior to commencing
the Project, the SubGr-J11tee is to provide the County with a clear written statement
detailing the SubGrantee's definition of eligi'ble families. •
The SubGrantee will also provide recipients with comprehensive case management,
financial counseling, and other services deemed necessary by the SubGrantee for a
period of three to si.x months following the provision of each loan. Costs incurred by
the SubGrantee in the provision of said counseling and services will be paid by the
SubGrantee through non-CDBG funding sources.
2. Community Impact
By executing this Project, the SubGrantee will decrease the number of homeless
families within the City ofEnilewoo I by 0.5%.
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 b•; rnade available (upon request) to Arapahoe County or the U.S. Department of
Housin1; :ind Urban Development for monitoring purposes.
3. Project Milestones:
June 30, 2000: Quarterly roiJestoncs
Market program
Provide I loan
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September 30, 2000:
December 31, 2000:
March 31, 2001 :
June IS, 2001 :
D. Report1a1 Reqalremeats
1no,c8-,i-1•( !lncbncic ,ode.I Cumulatjye milCllPPCI
Provide I loan
Qpartqly milClh?OS!
Market program
Provide 3 loans
Cmpulative milcstona
Provide 4 loans
Ouartqjy mj);mps;
Provide 4 loans
CwnuJarive roilestons;
Provide 8 loans
Ouanerlv milestones
Provide 4 loans
Cumulative milestones
Provide 12 loans
Ouartqlv milAlADCS
Provide 4 loans
Cwnularive milestones
Provide 16 loans
m.,
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Submit final drawdown and completion rq,ort to County
I. Each Su1:~tee Drawdown Request will include I .,."CSS repQrts for the period for
which payment is being requested.
2. Project rq,orts will be due within 30 days following the end of each calendar year
quarter(Man:h 31, June 30, September 30, December 31) until the Project is completed
and loan funds have been recycled once (see Section ID.L).
3. A Project Completion Report will be due 30 days after completion of the Project
4. The oflicial annual audit and/or Financial Swementll for the SubGnntee in which both
revenues and expenditures for the CDBG Projects dacnoed herein are detailed are due
amrually .
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E. Labor Staadards (Davis-Bacon)
It is determined that : ,Q
Project activities do not require compliance with federal labor stmdards .
F. Environmental Review
Environmental review will be completed by Arapahoe County staff in order to determine whether
further action is necessary. The SubGnmtee will not commit or expend any Project funds prior to
the completion of the required environmental review process and receipt of any necessary Rele:i.se
of Funds from the U.S. Department ofHousing and Urban Ikvelopment
G. Uniform Reloc:atioa Act (URA)
Project activities do not require compliance with the Uniform Relocation A~t.
ill. RESPONSIBILITIES OF THE SUBGRANTEE
A. Feder:al Compliance
The SubGrantee shall comply with all applicable federal laws, regulations and requirements, and all
provisions of the grant agreements received from lhe U.S. Depm:1Llent of Housing and t!roan
Development (HUD) by the County . These include but are not limited to compliance with :lie
provisions of the Housing and Community Development Act of 1974 and all rules, regulations ,
guidelines and circulars promulga:ed by the variol's fedeial d~-partment.s, agencies, administrations
and commissions relating to the CDBG Program. A listi!1g of some oi !he applicable laws anrl
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 VIlI of the Civil Rights Act of 1968;
5. Sections 104(b) and 109 of the Housing and Community De-.•elopmenl Act ofl974;
6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284, 2Dd
Executive Order 11063;
7. Section 504 of the Rehabilitation Act of 1973 ;
8. Asbestos guidelines established in CPD Notice 90-44 ;
9. The Energy ?olicy and Conservation Act (Public Law 94-163) and 24 CFR Part 39 ;
I 0. Equal employment opportunity and minority business enterprise regulations establisl:ed
in 24 CFR part 570 .904 ;
11. Section 3 of the Housing and Urban Development Act ofl968;
12 . Non-discrimination in employment, established by Executive Order 11246;
•
13 . Le;ul Based paint regulations established in 24 CFR Parts 35 and 570.608; •
14. Audit requirements established in 0MB Circ:ilar A-133 ; and
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• IS . COIi principles elllblilbld in .QMB Chgum A-87 and 4-122.0 ~
~• I
Additionally, in accordance with 24 CFR. Part 570,.oo employee, officipl. ,pit or consultant of the
SubGrantee shall exercise any function or responst'bility in which a conflict of interest, real or
apparent, would ariac., The SubGnntee CIIIIIOt enpge in a fedaally funded contract with any
entity registered in the Lills of Parties Exel~ From Fedcral PJ:oc=t or Nonprocurement
I'iograms .
B. Non-Appropriadoas Clause
The SubGrantee agrees that i '. will inclU.:C in every contract it e:nters, which relies upon CDBG
monies for timdin11, a non-appropriation clause that will protect itself and the Coumy from any
liabi;:ty or responsibility or ai .y suit which might result from the distonrin~ of CDBG funding
for any reason. Because this SlibGrantee Agreement involves funds from a federal grant, to the
extent then: is a conflict the funding provisio114 of this SubGrantee Ajrec:ment, the federal SttU1t and
the federal statutes COlllrOI rather than the provisions of Section 24-91-103 .6, C.R.S . with regard to
any public work projects .
C. Expenditure Restrictions
All CDBG funds that are approved by HUD for expenditure under the County's grant agreement,
including those that are identified for the SubGrantee'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 fur which the funds are identified.
D. Agreement Cban&es
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, ti'
required. Changes must be requested in writing and may not begin until a modi.fkation to tbis
Agreement is fully executed.
E. Direct Project Supervision and Admlnlstradoa
The SubGrantcc shall be responsible for the direct supervision and administration of its respective
projects or activities . This task shall be accomplished through the u,;e of the SubGrantcc's staff,
agency and employees . The SubGrantcc shall be responsible for any injury to persons or damage to
property resulting from the negliBCDI 11ets or errors and omissions of its staff. agents and employees .
Because the SubGrantcc is responsible for the direct supervision and administration of its projects
or activities, the Cowtty shall not be liable or responsible for cost overruns by the SubGrantcc on
any pmjects or activities . The County shall have no duty or obligation to provide any additional
funding to the SubGrantcc if its projects or activities cannot be completed with the fu.'lds allocated
by the ColDlly to the SubGrantcc. Ally cost overruns shall be the SQ!e responsibility of the
SubGrantcc.
5
I. The S~agrees dilt all ft&ls ~ lti i\ for lppl'll'IU pll)jecll or ldivities
shall be used solely for the pmposes approved by Ille CoUDty. Said flmda lball 1101 be
used. for 8o/ non-approved purpcisb~• r ' " 11 "' m ,1il
'); 11 •~,.ll 'Ii
2. The SubGnmlee ·agrees that the flinds allocated rot any approved ,projec:11 or activities
shall be sufficient to complete said projects or IIC!ivilie11 wiihouumy additil'llll CDBG
limding .
F. IDdemnlty
To the extent allowed by iaw, the SubGrantee shall indemnify and bold barmlea the County and its
elected and appointed officials, officers, employees and agents fiom and against any and all losses,
damages, liabilities, claims , suits, actions or costs, including attorneys fees, IIJlde, asserted or
incu!Ted as a result of any damage or alleged dam&ge to pmon or properly oc:casioned by the acts
or omissions of SubGrantee, its officers, employees, agenll, contrai:to111 or subcomraclol3, arising
out of or in any way connected with the Project or the performance of this conlnlel.
G. Bonding and lasu, ,nee
If the SubGrantee's projects involve constn·ction activities, any Contraetor it uses for said activities
shall be requiml to provide and maintain, until final acceptance by the SubGnntee of all work by
such Contractor, the kinds and minimum amounts of insurance as follows i
I. Comprehensive General Liability: In the IIDOIDII ofnot less than $600,000 combined
single limi t Coverage to include:
a. Premises Operations
b. Products/Completed Operations
c. Broad Form Contractual Liability
~ IndepcndentContracto~
e. Broad Fonn Property Damage
f. Employees as Addi -; onal Insured
g. Pmonal Injury
h. Arapahoe Ccunty an~ the SubGrantee as Additional Named Insured
i. Waiver ofSubroprion
2. Comprehensive Automobile Liability: In the amount of not less than .~"0,000
combined single limit for bodily injury and property drmage. Coverage to include :
a. Arapahoe Coun~, and the SubGrantee as ~di•,,onal Named Insured
b. W aivcr of Subrogation
3. Employers Liability and Workers Compensation : The Contractor shall secure and
maintain employer's liabili ty and Worker's Compensation lnswance that will protect
it against any and all claims resulting from injuries to and death of workers engaged
6
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ID work llllder any COIIIIICt l\mdcd punuanl to lhia agr=uen!, C9yCfll&e '9jJic lude
WliwrolSubraption. t 101 f 1 01 >" .:w.
All referenced Ull1ll'lilCC policies and/or cer.tificates of insunlllcc shall be subject to
tbt folJowlq llipulalions:
L Undcrwritcn shall have oo rights of recoveiy subrogatio:i against ~ahoc
Cowuy or the SubGrantcc; it being the intent of the parties that the in.sur-..:icc
policies s;, effected shall protect the parties and be primaly,f ovcragc !pr any
111d all losses covcml by the descn'bcd insurance.
b. The clawre entitled 'Other Insurance Provisions " contained in any policy
includina Arapahoe Cowuy as an additional named insured shall not apply
to Ar:lpahoc County or the SubGrantce.
c. The insurance companies issuing the pol ic :, or policies shall have no
recoune against Arapahoe County or the Sub Grantee for payment of any
premium.• due or for any assessments under any form of any policy .
d. AIJy and all ~eductiblcs contained in any insurance policy shall be assumed
by 111d at the sole risk of the Contractor.
Certificate of Inaunnce : The Colllractor shall not commence work under any
contract lilnded pursuant to this Ag!ecmeDt until be bas submitted .fO the
SubGrantce, received approval then:of, cenificates of insuranc~ showing that he has
complied with the fore1oing insur,,.z;: !"l!lluimnents . The SubGrantce shall also
submit a copy of the Contractor's certificatCS of insurance to the County.
6. Notwilhllandina !ile provisions contained iu this paragraph (H) set forth
hereinabove, the County reserves the riaht :o modify or waive said provisions for
projects or activities for which these proviaions would prove prohibitive . The
SubGnntee undentands, however, that the decision to waive or modify those
provisions is fully within the dilcretion of the County.
In accordance with 24 CFR pans 84 and 85 , the following bonding ~uimnents shall apply to all
projects exceeding the simplified ar.quisition threshold :
I. A bid guaranttt-fr•Jm each bidder eqwv ~l,;nt to 5% of the bid price;
2. A J)Cl"formance l:,md on the part of the contr:1etor for 100% of the contract price; and
3. A payment bond on the part of the contractor for 100% of the conliaCI price .
B. Records
Tb,: SubGrantec shall maintain a complete set o books and records documenting its use of CDBG
timds and its supervision and administration of the Project. Records aze to include docum~ntation
verifying Project eligibility and national objective compliance, as well as financial and other
administrati~ aspects involved in · perfofmin1 the Pniject The SullGnmtee shall provide fWl
access to these books and records to the CoWlty, t!ie Secm111y,ofHW or bii dcsignee, the Office •
of Inspector General, and the General Accounting Office so that compliance with Federal laws and
regulations 1 may be confim1ed. The SubGnntee funber agrees to pn,vidd to tbc lColUlly upon
request, a copy of any audit reports pertaining to the SubGralltee's liniacial operations during the
term of this Agreement A.JI records pertaining to the Project an: to be maintained for a minimum
of five ycsrs following close-out of the Project.
L Reporting
The SubGrantee shall file · all reports and other information necessary to comply with applicable
Federal laws and regulations as requiml by the CoWlty 111d HUD. This shall include providing to
the County the information necessaiy to complete annual Perfonnance ReportS in a timely fashion .
J. Tlmellness
The SubGrantce has submitted to the County, along with ila proposal, a description of the worlc to
be performed, a budget, an d a timettble delineating the length of time needed for e:icb Project
phase, if applicable, through the completion of the projects . The SubGrantee shall comply with
timetable for completion of the projects. The SubGrantce understands that failW'C to comply with
the timetable may lead to a cancellation of the Project and a loaa of all unexpended funds, WJ.lcss the
County detcnnines that there are extenuating circumstances beyond the SubGrantce's control and
that the projects will be completed \loithin a reasonable length of time . The timetable's
implementation shall begin when the County provides written notification to the SubGrantce to •
proceed .
K. Relmbunement for Expenses
The SubGrantce agrees that before the CoW1ty ca., distribute any CDBG funds to it, the SubGrantce
must submit to the County's Housing and Community Development Services Division
documentation in the form n~uired by that Division which properly and fully identifies the amount
which the SubGrantce is requesting at that time. The County shall have ten (10) working days tn
review the request. Upon approval of the request, the County will distributr. the requested funds
the SubGrantce as soon as possible.
L. Program Income
All program income din:ctly derived from the Arapahoe CoWlty Community Development Block
Grant Program received by th-. SubGrantce will be retained by the SubGrantce and will be
dispersed for its approved Project activities before additional CDBG funds are requested from the
County for the Project. Following completion of the SubGrantce's Arapahoe County CDBG
Project, the SubGrantce i~ to continue providing loans through the use of repaid loan funds fe r a
minimum of one loan cycle . Should th: program be discontinued before all funds have been
recycled at le:ist once, the SubGrantce is to remit all remaining loan repaymenll to the County. If
the program is continued after all funds have been recycled at least once, the SubGnntee may retain
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lt my,iq,aid fimdr ' for'the 1,ioviaio1rof'fiatbcr 1oaa or other bouing purpoNI deaned reuooable
1 and necessary tiy die$~ !• ••n ,,; .
~ w · A.iset Muqeae■t
'11, 11
Any single parcel of ral property Ul"kr lhe SubGranlce'a .control that wa acquimi or improved in
whole or in part 'With CDBG fillllls in exceas of $25,000 wilhitbr.
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I . Be used for an eligible CDBG activity, as determined by the Collllly, for a minimum
of five (S) yem following complclion of the SubGrmtee's projects;
QR
2. Be disposed of in a manner that results in the County's being reimbursed in the
amount of the curmtt filir market value of the property less any portion of the value
attnb~le to expenditures ofnon..(CT)BG timds ,for acquisition of. or improvements
to, the property. .Reimbursement is not requiied after five (5) years following
completion of the SubGrantee's projects .
., ,I
N. State and Co11nty La,r CompUuce
All responsibilities of the SubGrantee enumerated herein shall be subject to applilable State
statutes and County onlinances, resolutions, rules, and regulatior.s.
o. Environmental Review
1'he SubGrantee r grees that no CDBG fun~ J will be legally obligated to any Project activity before
the County bas completed fed=l NEPA e.wironmental review procedures, as required by 24 CFR
Part 58 .
P. S•bcontracts
If subcontracts are used on the Projec~ the SubGrantee agrees that the provisions ofthis Agreement
shall apply to any subcontract
Q. Suspeosio11 or Termlnadon
This Agreement may be suspended or termin.aml by the County i r die SubGnmtee materially fails
to comply with any term of this Agreement This Agrccrr,c:nt may also be tr minated for
convenience by murual 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 termination date of the
County's CDBG grant Agreement with HUD .
S. The SubGrantee certifies that to the~ 1Jt its knowledge and belief:
9
I. No Federal ,approprialed llmda,bave been paid or wjll ~ PJ!i\lo!1Y1o~gq belia!f ofit,
10 any person for influencing or attempting '°-i1111111111:e 1111 o~ or.employee of •
any agency, a Member of Congress. 111 officer or employee of Conps, or an
employee of a Member of COIIIRSS in cmmection\'fiilb die ~,of IIIY,,federal
contract, the making of any Federal grant, the llllking of any Federal loan, the
entering i into of any c:oopc:nlive qrecment, 111d the ,,~ ,i:onlinuation,
renewal, amelldment, or modificalioa of ID)' Federal ccntra,;t, grmt, loan, or
cooperative agreement; and,
2. If any funds other than Federal approprialcd fimdl have been paid or will be paid 10
any pmon for influencing or attempting 10 influence an officer or quployee of any
agency, a Member of C~ an officer or emp loyee of Cougress, or an employee
of a Member of Congress in connection wilh this Federal contract, grant, loan, or
cooperative agreement, it will compleie and submit Standard Form-LLL,
"Disclosure Form to Repott lobbying," in accordance with its instructions .
T. Dlsallowance
I 1f':10 If J ,.
If it is detenn:ned by HUD or other federal agency that the expenditure, in whole or in part, for the
SubGrantee's Project or activity was ir. proper, inappl'O()rialc or ineligible for reimb=ent, then
the SubGrantec shall reimbur.;e the Cou 1r:y 10 the full extent of the disl!llow= :.
IV. RESPONSIBILITIES OF THE COUNTY , ..
A. Administrative Control
The Parties recognize and undeistand that the County will be the governmental entity required to
execute all grant agreements received from HUD pumiant 10 the County's requests for CDBG
funds . Accordingly, the SubGrantec agrees that as to its projects or activities performed or
conducted under any CDBG agreement, tl.!e County sbalJ have the necessary administrative control
required to meet HUD requirements.
B. Performance and Compliance Monitoring ..
The County's administrative obligations 10 the SubGrantce purswmt to paragraph A above shall be
limited to the performance of the administrative tasks necessary 10 make CDBG funds available to
the SubGrantec and 10 provide a Monitoring Specialist whose job it will be to monitor the various
projects funded with CDBG monies to monitor compliancc with applicable Federal laws and
regulations.
C. Reportin1 to HUD
The County will be responsible for seeing that all necessary reports and information required of the
County are filed with HUD and other applicable Federal agencies in a timely fashion.
10
Thil apammt, includilJa any documczm attacbm u ~ which aro bcRby mcorponlal herein
by ma:mce, repRSCIIII the cmire and integrated agreciJiad betw•i-thrCOl:llty-and-5abOnnlee
111d llqkn:cda Ill prior negotiali0111, rqnscnllli0111 or qremnenll, either written or oral. Ally
ammime'Jls ID this apeement mllll be in wriling and sipd by both the County 111d SubGrantee.
If 111y l='-11ion of this qreemcot is foUDd by a court of ccmpetcot jurisdiction to be void and/or
mienfon:cablc, it is the intent of the parties that the remaining porti0111 of this agreemc:ot shall be of
fil11. fon:e and effect 11
, _.ln l )
/ jJ
ll
In Witnm Whereof; the Pllliea have CIIINd dlia Aar-nmt 11e1dlily~O 'J l;ff)' day Jc .
w IT" ~ru:21 t..>uf:w )n, , c tu T
rll lJlt,Z'nq,'! ,,:>11mm xd
r n 1uhq Iii: 2,b,,r.,qu:i
.~t 2ii!.• o: vcmb:i, it
o fli£ ?.llll ic, nomo,; (,.L
1 e 1 "M ti i, ,:,l~;i~1c,ru;
SubGrantee :. __ __,C,..jty.._.o.._r .. F.p111gI..,ewood.,,.,-. ____ _
By : ______________ _
'lb:r.as J. fllnls
Title : __ ~Ma=yo-=-r ___________ _
Board of County Commissioners
Arapahoe County, Colorado
Justin A. Hamel on behalf of the Board of County Commissioners
Punuant to Resolution Nmnber000119
12
bru:, o 11.Jl
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>ffH TV.3W.3'.'151JJ 'fl i":NI.J8 lt
fTv. 101 ·m~u 'IJ ;11 oooi:
•< t' i-l I I' J ,\I ) A lJH Tl ' f.'1 ( -I W 'IlV. Ill.If() l
,11 ~I'fA. ,,,,
,, lj' , ,, j ')( fl rnq,r,i~ V ) "' ,· )')I )Rq
PiR0JECT1B UDGET
COLlNNA CJLUMNB COLUMNC c'oL~D
l'Tojc!A-lldawNT .... C•ef CDBGF11adl o,..,., ... c.......,.
(,podly by u.. !Imo) AdMl7 -·
·--$16,000 $1,000 Sl,000 -----SJ,520 so $3,520 -
TOTAL : $19,520 $8,000 SIIJ20
.,,.
SUBGRANTEEAGREEMENTFOR
2000 ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: CITY OF INGLEWOOD
PROJECT NAME: THOMAS SKERRm ROUSE RENOVATION
PROJECT NUMBER: ~EN-IIP--026
This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe,
Slate of Colorado, for the Community Development BIO<"k Gn.nt Program in the Community Services
Department (hereinafter referred to as the County) and !ht City ofEng\ewood (hereinafter referred to u the
SubGrantee) for the conduct of a Community Development Block oraili (CDBG) Project (or pr!{pJm Year
2000 .
I. PURPOSE
The primacy objective of Title I of the Housing and Community Development Act of 1974, u 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 City of Englewood known as the Thomas Skerritt House Renovation Project (Project) •
has been categorized as a Historic Preservation project and the SubGrantee will maintain documenlation
with the national objective of Area Benefit activities.
"!be SubGrantee may proceed to incur costs for the Project u of May 22, 2000 unless made contingent
under Section ll-F . Environmental Reviews, below, and/or subject to the SubGrantee receiving an official
"Notice to Proceed" from the County.
II. WORK TO BE COMPLETED BY THE SUBGRANTEE
The following provi.sions outline the scope of the work to be completed:
The SubGrantee will utilize CDBG funding to renovate to the Thomas Skerritt House, which has been
identified as a locally si&nificant historic site . The purpose of the project is to pre·1ent further deterioration
of the house, as well as to preserve the historic qualities of the home for the enjoyment of future
generations . It is the SubGrantee's in tention 10 eventually seek state and/or national historic designation of
the site.
A. Payment
It is expressly agreed and understood that the total amount to be paid by the County under this
contract shall not exceed $40,000.00. Drawdowns for the payment of eligil>le expenses shall be
made against the line item budgets specified in Exhibit A and in accordance \\.;th performance •
•
criteria established in Section Il-C . · Toe parties expressly recognize that the SubGrantcc is to be
paid with CDBG ~ ~~ed frpm t:11f fedcaj.81'~,~d that the; ob~~on of the Coumy
to llllke payment 10 ~tee is continaent upon Reeipt of ,'UCh funds. In !he event that said
funds, or any part thereof; are, or become, unavailable, then the CoWUy may immediately temiuwe
or amend this agm:menL To the extcllt C.R.S . § 2~+1)0 is applicable, any financial obligation of
the County 10 the SubGrantee beyond the cwrent fiscal year is also contingent upon adequate fucds
being appropriated, budgeted and otherwise available .
B. Tlmellae
All Project activities will be completed by June 15, 2001 unless this Agreement is modified by
mutual agreement of the CoWlty and SubGrantee .
C. Performance Criteria
In accordance with the funding application submitted by the SubGrantee for the Project, the c=it=ia
listed below are to be met during the execution of the Project.
I. Quantifiable Goals :
Using non-CDBG funding sources, the SubGrantee will perform the assessments me. or
surveys necessary to determine the extent of renovations required for the site (IOClleC at
3560 South Bannock Street). Upon completion of the assessments, the SubGrame: will
pruvide the CoWlty with a detailed budget of the,renovation expenses to be coa:p lc:=d
with CDBG funds and evidence that the site bas been formally designated by tl:e loc:ll
governing body as a locally significant site. Upon approval of the proposed bu~~ :he
SubGrantee is to perform all renovations in compliance with guidelines establislled ~
the State Historic Society, the Americans with Disabilities Act (as applicable), 2!:d ;;:iy
locally applicable codes and standards.
Upon completion of the renovations, the property is to remain open to the publi; IC, a
usage deemed appropriate by the SubGrantee for a period of no less than :.even c:,lt-..61"
years. Should the SubGrantee sell the renovated property or discontinue public ~e
for a period of 45 consecutive calendar days at any time durin& the seven year ~e
period, the SubGrantee shall return CDBG funds to the County at a rate ofS5,700 :)'.} :or
each of the first six yem remaining in the usage period and S5 ,8 00 .00 for the s.e-:i:::.:.'i
year of the usage period . Should extensi ve facility renovations which would reqc :::ie
SubGrantee to close the property to the public for a period of more than 45 conse:::-..tt:·:e
cal endar days be necessary during the usage pdod, the SubGrantee may ~= a
wai ver from the CoWlty for the continuous usag e requirement. The waiver is !O :,e
request,d in writing no less than 30 calendar days prior to the SubGrantee's antic:;,a!:l
da te of clcsure of the property .
2. Community Impact:
The Project will decrease the loss of locally significant historic sites by 25%.
,, ·rfl ~ b· 'cLJ, £I!Sh
. The' SubGnn~ •,l,u1 mlllntain written ~ documcnliJJr1he Pn,ject's' &mnticiiy
impact for a i/er{od offiVJ yean followin'g completion oftlie Project. 'Tlilf mfilrination
is to be made 'available (upon request~ to Arapahoe CoWl\y or the U.S. Deparimmt of
Housin& and'Utbaii Development for monitoring purposes. o,
3. Project Milestones :
Jillie 30, 2000:
September 30, 2000:
December 31, 2000 :
Man:h 31, 2001 :
Jillie 15, 2001 :
D. Reporting Requlreme'lts
Perform necessary site assessments
Complete necessary site assessments
'tlru
'• lQ
Secure non-CDBG funding sources for site renoVlllion
Develop renovation plans
Develop bid dllCUll1ents
Issue bid documents
Execute construction contrar.t(s)
Begin CDBG funded construction
Complete CDBG funded construction
.,.
Snbmit final drawdown and completion n:port to Collllty
I. Each SubGrantce 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
quarter (Man:h 31, Jillie 30, September 30, December 31) until the Project is completed.
3. A Project Completion Report will be due 30 days after completion of the Project.
4. The official annual audit and/or Financial Statements for ·. , SubGnntee in which both
revenues and expenditures for the CDBG Projects descn'bea .:ierein are detailed are due
annually.
,!,, Labor Slan<iards (Davis-Bacon)
It is determined that:
Projec t does not include acti vit ies rc<t ~iring fede ral labor standards compliance.
F. Environmental Review
3
•
,TIie SlabG119~ wi!l not co,llljl1it or ~ !lit~~ ~,P"91" to co1111>,\eti~n 9f the ).lllllired
egvimmienral l)\'/iew ,procqss ~y A.rapabocr-Colll!o/ ml the rpipt of any ueccssmy ~ of
Funds D'Ol11 the U.S . Depanmepl otHousing and Utbait ~t
G. Ual!orm Relocatloa Act (URA) .J,'l
Project activities do nol require compliance with the Unifmm Relocation Act a
H. Lead Based Paint Hazards
SubGranlee shall comply (as applicable) with 24 CFR Part 35, reprding the rcquin:mimls for
notification, evaluation, and reduction of lead based paint hazards in bC!llSin& proje,;t:; receiving
federal assistance.
IIl. RESPONSIBILITIES OF THE SUBGRANTEE
A. Feder:il Compliance
The SubGrantee shall comply wilh all applicable federal laws, regulations and requirements, and all
provisicins of the grant agreements received from the U.S. Department of Housing and Urban
Development (HUD) by the County. These include but are not limited lo compliance with the
provisions of the Housing and Commwtity Development Act of 1974 and all rules, regulations,
zuidelines and circulars pro mulgated by lhe various federal departments, ~cncies, administrations
and commissions relating to the CDBG Program. A listing of some of the applicable laws and
regu!ations are as foUows:
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 !04(b) and 109 of the Housing and Commwtity Development Act of 1974;
6. Fair housing regulations established in lhe Fair Housing Act, Public Law 90-284, and
Executive Order I 1063;
7. Section 504 of the Rehabilitation Act of 1973;
8. Asbes~IS guidelines established in CPD Notice 90-44;
9. The E,1ergy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39 ;
I 0. Equal employment opponunity and minority business enterprise regulations established
in 24 CFR part 570.904 ;
11 . Section 3 of the Housing and Urban Development Act of 1968;
IZ. Non-discriminarion in employment, establishec! by Executive Order 11246;
13. Lead Bas ed paint regulations established L 1 24 CFR Parts 35 and 570 .60 8;
14. Audit requirements established in 0MB Circular A-133; and
IS . Cost principles established in 0MB Circulars A-87 and A-122 .
4
Additionally; in al:coidance with 24 C:FR Put '70,110 employeB, ofllcial; igcnlrcfrcbnlullial oflbe
SubOtlntee shall exercise any function or rispomil>ifil/ in wtiicll a 'coil'.flict or iiilfflst, real or
apparent, would arise. 11ie SubiJnntee •f 'inpge in ' a federilly ftmcled 1 ciinlract' with any
entity registered in the Lists of Parties Excluded From Federal Procurement or Nonprocuremenl
Pro IJ / '· l grams.
B. Noa-Appropriations Clause
, ,
The SubGrantec agrees that it will include in cvcry collll'ICt it enters, which relies upon CDBG
monies for tbuding. a non-appropriation clause that will protect itself and the County from any
liability or responstlJility or any suit which might result from the discontinuance ofCDBG'fimding
for any reason. Because this SubGrantce Agreement involves funds from a ~ grant, to the
extent then: is a conflict the funding provi sions of this SubGrantee Agreement, the federnl grant and
the federal statutes control rather than the provisions ofSectioo 24-91-103 .6, C.R.S. with n:gard lo
any public work projects.
C. Expeadlture Ratrictfoas
All CDBG ~ hat an: approved by HUD for expenditure under the County's grant agreement,
including those .llll an: identified for the SubGrantee's Projects ar.d activities, shall be allocated to
the specific projects and activities described and listed in the grant agreements. The allocmd funds
shall be used and expended only for the projects and activities for which !!,e funds an: idemified.
D. Aenemeat Changes
No projects or activities, n..r the amount allocated therefor, may be changed without approval by
the County anJ acceptance o,' the n:visal i'inal Statement and/or Consolidated Plan by HUD, if
required. Changes must be r,quested in writing and may not begin until a modification to this
Agreement is fully executed.
E. Direct Project Supervision and Admfnlstnadon
The SubGrantee shall be responsible for the direct supervision and administration of its =,iective
projects or activities . This task shall be accomplished through the use of the SubGramee's staff,
agency and employees. The SubG,antee shall be responsible for any injury to persons or damage to
property resulting from the negligent acts or errors and omissions of its staff; agents and employees.
Because the SubGrantee is responsible for the direct supervision and administration of its projects
or activities, the Cowity shall not be liable or responsible for cost o,·erruns by the SubGrantec on
any projects or activities . The Cow1ty shall have no duty or obligation to provide any additional
funding to the SubGrantee if its projecis or activities c:annct be completed with the funds allocated
by the County to the SubGrantce. Any cost overruns shall be the sole n:spoll5l1Ji!ity of the
SubGrantee .
I. The SubGrantee agrees that all funds allocated to it for approved projects or activities
shall be used solely for the purposes approved by the County. Said fimds shall not be •
used for any non-approved purposes.
5
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F.
2. The SubGrantee agrnes that !he funds allocated for ~ Jh,~ projectl or IClivitia
mall be sufficient to complete ~d projec:IS or activiljes wilbolll any additioaal CDBG funJina. --, ~ . '
11:demalty
To the CXIClll allowed by law, the SubGrantee :Jiall indemnify and bold harmless the CGllllty 111d its
ekcted and appoillled officials, officers, employees and a&CIIIS from "1d apinst my 111d all losses,
darr.AgeS, liabilities, claims, suits, actions or COSIS, includin& lll0mC)'I fc:c.1, made, userted or
incn !'led as a ~t r,f any damage or alleged damage to pcmn or property occasioned by the acts
er emissions of SubGrantee, its officers, employees, agents, r.ontractors or subcontr1ctors, 1risi11g
out of or in any way connected with the Project or the pcrfonnance of this contnct.
G. Boadlac and Insurance
lfthe SubGrantee's projects invoive construction activities, any Conll3Ctor it uses for said activities
shall be required to provide and maintain, until final acceptance by the SubGralltee of all worlc by
IIIICh Corunctor, the kinds and Jitin.imum amounts of insur.mce as follows:
I. Comprehensive Gener.ii Liability : [n the amount of not less than S600,000 comlined
single limit. Coverage to include :
Premises Operations
Products/Completed Opera\ions
Broad Form Contractual Liability
I, Jependent Contractors
Broad Form Property Damage
Employe:s as Additional Insured
Personal lnjllI)'
Arnp:ilux: County and th! SubGrantee as Additional Named Insured
W:iiver of Subrogation
2. Comprehensive Automobile Liability: lo the amount of not less than $600,000
combined single limit for bodily injllI)' and property damage. Coverage to include:
a. Ar:lp:ihoc County and the SubGrantee as additional Named Insured
b. Waiver of Subrogation
3. Employers Liability and Workers Compensation: The Contractor shall secure and
maintain emplorer's liability and Worker's Compensation Insurance that will protect
it :igain st :iny an,:! all claims resulting frlim injuries to and death of worlcen engaged
in work under any conll3Ct funded pursuant to this agreement Coverage to include
Waiver of Subrogation.
6
4.
wbrvh~ tr
;-iao·, IL l ",,
All reflRIICed insurince p?licies and/or certificalel of insurance shall be subject to ·
the following stipulations: •
, ,J.la i n •ic1T
L '• Underwriters shall have no rights of recovery subi'Ogllion against Al1lpahoe
County or the SubGrantcc; it being the intent of the parties tbaI the insurance
policies so effecttd shall protect the parties m I be prim, cov-mge for any
b.
and all losses covered by the descnbed insunnce. ll' 1
The clause entitled •Other lnsunnce Provisions• contained ::n any polic 1·
including Arapahoe County 11111 additional named insured sillll not apply
to Arapahoe County or the SubGrantee.
c. The insurance companies issuing the policy or policiei: s:iall have no
recourse against Arapahoe CowJty or the SubGrantee for payment of any
premiums du:.: or for any assessments under any form of any policy.
d. Any and all deductibles contained in any insurance policy shail be assumed
by and at the sole risk of the Contractor.
S. Certificate of lnsunnce: The Contractor shall not commence worl: under any
conlr:lct funded pursuant to this Agreement until he has subrcined to the
SubGrantee, received approval thereof, certificates of insurance showiqi that he has
complied with the foregoing insurance requirements . The SubGra= shall also
submit a copy of the Conlr:!Ctor's certificates of insurance to the Couru:.-.
6. Notwithstanding the provisions contained in th:s paragraph (E) set forth
hereinabove, the County reserves the right to modify or waive said provisions for
projects or activities for which these provisions would prove prol:iliitive. The
SubGrantee un<lerstands, however, that the decision to waive or :nodify thosr:
provisions is fully within the discretion of the County.
In accordance with 24 CFR parts 84 and 85, the folio" .ng bonding requirements sm:1 apply to all
projects exceeding the simplified acquisition :hn:shold :
I. A bid guarantee from each bidder equivalent to 5% of the bid price;
2. A performance bond on the part of the conn-actor for 100¾ oftl!e contnct price; and
3. A payment bond on the part of the contractor for 100¾ of the contract :;,rice.
H. Records
The SubGrantee shall maintain a complete set of books and records documenting its ase of CDBG
funds and its supervision and adm ,•cistration of the Project. Records are 10 include c!ocumenlalion
verifying Project eligibility and nntional objective compliance, as well as financ'..al and other
administrative aspects invoh·ed in performing the Project. The SubGrantee shall provide full
accea to ~~ese books and records lo the County, the Secretary of HUD or his designce. the Office
of Inspector General, and the General Accounting Office so that compliance with Fec,:,,J laws and •
7
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rqulalioDf_may \l•~IIDl11lCi'I-•Toc ,~••~11!,~ ~ to JIJ!>~ to tbe County upon
request, i copy of my audit~ pc:rtlllUill to ~,S~~•s ~ opcntions during the
term or this Agreement All riconls pcrtaln/ng to the Project are to be~ for I minimum
of five years followiug close-out of tbe Project.
L Repor11q
The SubGrantee shall file all reports and other info!Jl181ion IIC'.C:ss&I)' to comply with applicable
Federal laws and regulations as required by the County 111d HUD. This shall include providing to
the County the infonnation necessary to complete ~ Perfonnance Reports U\ a timely fashion.
J. Timeliness
The SubG1antee has submitted to the County, along with it; proposal, ~ description of the work lo
be performed, a budget, and a timetable delineating the ICIJilh of time I\~ for •~ Project
plwe, if applicable, through the completion of tbe projects . Toe SubGrantee shali ~~mply with
timetable for completion of the projects. Toe SubGnnlee understands that failun: tq comply \\1th
the timetable may lead to a C311Cellation of the Project and a loss of all pnCXP.erukd funds , unless the
County determines that there are e.11enuating cin:umstances beyond the Sid>Grantee's cootrol and
that the projects will be completed within a reasonable length of time. The timetable's
implementation shall begin when the County provides written notification to the SubGrantee to
proceed .
K. Reimbunemenl for Expenses
Toe SubGrantee agrees that before the County can distribute any CDBG funds to it, the SubGrantee
must submit to the County's Housing and Community Development Services ·'Division
documentation in the fonn required by that Division which prop:rly and fully identifies the amount
which the SubGrantee is requesting at that time. The County shall have ten (10) working days to
review the request Upon appro val of the request, the County will disnibute the requested fund.s to
the SubGrantee as soon as possibl e.
L Prr ,cram Ia come
All program income directly derived from the Arapahoe County Community Development Block
Grant Program received by the SubGrantee will be retained by the SubGrantee and will be
dispersed for its approved CDBG Project activities before additional CDBG funds are requested
from the County. Follow:ng 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 Coun ty.
M. Asset Maoacement
Any single parcel of real propeny under the SubGrantee's control that Wl!.S ..cquired or improved in
whole or in part with CDBG funds in excess of $25,000 will either:
8
0 ' ()ru ) I. Be~ 'ror Ill elip'ble COBO activity,'• dctamlnecl by t6e'Collllt)';1flil'a minimum
,r ~,· lJ ·" of8Vi1(S)yars'li,~St.mi,letion 'offlieSu1lonniile'1proJec11; .' ' ·
"'~ lt'11 QR . , J" , 1 ll/ .irr,m:,:nl!A e 1 rrr
2. Be disposed of in a 11111111,,T tlult n:salis ' in ibe Cikmlys tieiil,ffimbunied in the
amount of tho current fair mll'kel: value of the property less 111y portion of the value
attnbutable to experulituzes ,,(11011-CDBG funds l'or acquilffiim'o(' impn,\,ements
to , the property. ReimbllrS :ir.ent ia 1101 required after live (S) years following
completion ofthe SubGrantec.'~ projects. ' J~ rt
N. Stale anL County Law Compllance
All responsibilities of the SubGrantee enumerated herein shall be subject to applicallle State
statutes and County ordinances, resolutions, rules, and regulations .
O. Eavlroamealal Review
The SubGraritee agrees that no CDBG funds will be legally obligated to any Project activity before
the County bas completed federal NEPA environmeatal 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 I "
Q. Suspension or Termlaatloa
This Agreement may be suspended or terminated by the County if the SubGrantee materially fails
to comply with any term of this Agreement. This Agreement may also be terminated for
convenience by mutual agreement of the County and the SubGrantee.
R In the event that the Unit of General Local Government should withdraw from the County's
"Urban County" designation, this Agreement shall tenninate as of th~ 1 termination 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 attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the''awanling of any Federal
contract . the making of any Federal grant, the m:tlcing of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement; and, •
9
0, t 2. If 1111y lllllda olher than Federal lpprqr,';~14\;lllla,l!avq 1-1 pa/d Of ,ill be paid Ip
any per10n for influencing or attemp',tnl i, iliflijence III C'fficer or employee of 111y
agency, a Member of Congress, 111. officer 11r employee o. ;.,ngrea, or III employee
of a Memb•a-of Congress in connection 'Aith 1his Federal cooiract, jant; loan, or
cooperative agreement, it wiil comple·;e 11111 submit Slllldard Form-LLL,
"Discl= For.n to Report Lol>bying," in accordance with its inslnictions.
T. Disallowance
If it is determined by HUD or other federal agency that th~ expenditure, in whole or in pan, for the
SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then
the SubGrantee shall reimbwse the County to the full extent of the disalloWIIICC.
IV. RESPONSIBll.ITIES OF THE COUNTY
A. Admlaistradv., Control
The Parties recognize and understand that the County will be the governmental entity required to
execute all grant agreements received from HUD pursuant to the County's requests for CDBG
funds. Accordingly, the SubGrantee agrees that as to its projects or activities performed or
conducted under any CDBG agreement, the County shall have the necessary administrative control
required to meet HUD requirements .
B. Performance and Compliance Monitoring
The County's administrative obligations to the SubGrantee pursuant to paragniph A above shall be
limited to the performance of the administrative tasks necessary to make CDBG funds available to
the SubGrantee and to provide a Monitoring Specialist whose job it will be to monitor the various
projects funded with CDBG monies to monitor compliance with applicable Federal laws and
regulations .
C. Reporting lo HUD
The County will be responsible for seeing that all necessacy reports and information required of the
County are filed with HUD and other applicable Federal agencies in a timely fashion .
V. EXTENT OF THE AGREEMENT
This agreement, including any documents atucne d as exhibits which are hereb y incorporated herein
by reference, represents the entire and integrated agreement between the County and SubGrantee
and supercedes all prior negotiations, representations or agre,:ments, either written or oral. Any
amendments tc, this agreement must be in writing ,nd signed oy both the County and SubGrantee.
If any portion of this agreement is found by a court of competent jurisdiction to be void and/or
unenforceable, it is the intent of the parties that the remaining portions of this agreement shall be of
full force and effect
10
In W'1111a \VbeRot; ibe'Paniel have c:ml.eit ttbUJ~ to Ills duly~---day of • ,! .L .. 1' "Jc rr 'C. r""J!J!'h.~ 101 .• q n.
____________ ...., 2000.'"'·0 ·'
IIIW
LJ • I I
SubGrantee :__f.,..jtv.._..o._fE .. 0..,1 .. lmod_,,.,. _____ _
I, rl'
By.:_--------------
'!hims J . a.irns
Title: Mayor
Board of County Commissioner.;
Arapahoe County, Colorado
Justin A. Hamel on behalf of the Board of County Commissioners
Pursuant to Resolution NwnbcrOOOI 19
11
,ncuollr. ;u
L
11 I 111 I I t ,
1 rn I
I. 1110'
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COLUMN A ......, __
(.-,111,llf .. _)
Si•rcno¥11icm
•
TOTAL:
•
EXHIBIT A
PROJECT BUDGET
COLUMNB COLUMNC
--TOIIIC...et CDIIGF ...
Aal""7
SlOO,OOO(esL) -
SlOO,OOO -
COLUMND
OdlerF ... c-alaod
$260.000
$260,QOO
QOUNQD.COMMUNmATION n.il UOO!::Y-l in l
r l I , ,
'II
DATE: May 15, 2000 AGENDA ITEM SUBJECT:
Intergovernmental
!Oal Agreement: City &
Arapahoe County
INITIATED BY: Community SfAFF SOURCE : Janet Grlinmett,
Development Housing Finance Specialist
I
COUNCIL GOAL AND PREVIOUS CQUl'fCIL ACTION;
Council passed Ordinance No . 39, Series of 1994, that was extended by
Amendment No . I dated August 5, 1997 relating to participation In the Urban
County Entitlement Program for CDBG and HOME funds for 1998 through
2000; and, passage of Resolution No. 10 I, Serles of 1999 supporting Hodstng
and Community Development that authorized submitting an application for
2000 CDBG funding.
RECOMMENDJtl> ACTION:
Approve a Bill for an Ordinance authorizing the execution of Intergovernmental
Subgrantee Agreements for the 2000 Arapahoe County Community
Development Block Grant Program between the Arapahoe Board of County
Commissioners and the City of Englewood .
BACKGROUND. ANALYSIS. AND ALTERNATIVES IDENTIFIED:
The Federal Community !:::>evelopment Block Grant (CDBG) Program provides
grants to units of local government and urban counties to meet housing and
community development needs . The objective of the Program Is achieved
through projects developed by the local government which are designed to give
priority to those activities that benefit low-and moderate-Income families.
Funds are allocated by statutory formula to each entitlement area. Arapahoe
County Is an approved entitlement area. The grant funds arc distributed on a
formula basis to participating cities within Arapahoe County.
For FY20()0 , funds are appnm:d to 11uj:iport<the fcllloi#irl g>projects:
1. $118,085 for the Housing Rehabilitation Project to administer, monitor
and rehabilitate 10 low-Income units scattered throughout the
City : .l
2 . $15,000 for the Family Resource Center Project to provide minor renovation
at the Arapahoe House building site
3 . $10,000 for the Englewood Housing Authority's Family Self-Sufficiency
Program
4. $ 8,000 for the Englewood Housing Authority's Homeless Prevention
Program
5 . $40,000 for the Thomas Skerrttt House ~enovatlon Project
6 . $25 ,000 for the South Platte River Open Space Planning Study
FINANCIAL QIPACT;
The existing employees In C,,mmunity Development are available, to administer •
the projects and their salaric~ and benefits are part of the City's contribution.
The City will utilize a portion t•f the CDBG funding (est. $10,000) to partJ.iilly
offset the costs of those salaries and benefits. ·
LIST OF ATT.ACRMENTS,
Bill for an Ordinance .