HomeMy WebLinkAbout1993 Ordinance No. 045•
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ORDINANCE NO. ':/5.
SERIES OF 1993
BY AUTHORITY
COUNCU. BILI NO. 46
INTRODUCED BY COUNCIL
MEMBER BULLOCK
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL SUBGRANTEE AGREEMENT FOR THE 1993 ARAPAHOE
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE
ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF
ENGLEWOOD.
WHEREAS, the City Council approved the execution or an Intergovernmental Agreement
between tho City or En&lewood and Arapahoe County by passa:(a ofOnlinanca No . 37, Series
ofl991 ; an d
WHEREAS, the Agreement rel ated to conducL the Community DeVe lopment Block Grant
Programs for Federai Fiscal Years 1992 through 1994 ; and
WHEREAS , the projects by the City of Englewood known as Housing Rehabilita tion
Loan Program has been categorized as a rehabilitation project activity and the City of
Englewnod will malnlaln documentation with the national objective of housing
acllvllles: and
WHEREAS . the project by the City of Englewood known as the ENGLEWOOD FAMILY
SELF SUFFICIENCY PROGRAM has been categorized as a i'ubllc Service activity and the
City of En!lewood will maintain documentation with the National Objective o( Llmlted
Cllentele activities: and
WHEREAS, the City of Englewood may proceed to Incur coots for these projects upon
acceptance by the Arapahoe County Commissioners unles.• made contingent under
Section ll-F., Labor Standards, or Section 11-G., Envlron:nental Reviews, as contained In
the Su bgrantee Agreement and subject to the City of Englewood receiving an official
'Notice to Proceed" from Ara pahoe County:
NOW , T HEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOO D, GOLORADO, AS FOLLOWS:
~-Th e Subgranlee Agreement for the 1993 Arapahoe County Community
Devel opment Block Grant Program is hereby accepted and approved by the Englewood City
Counci l and the Mayor is authorized to execute and the City Clerk to attest and seal the
Agreement for and on behalf of the City or Englewood .
SKtiml...2. Th e Subgrante·e Agreement for the 1993 Arapahoe County Co mmunity
Deve lopment Block Grant Program generally contains as follows :
A . ~: The primary objective of Title I of the Housini: and Community
Development Act of 1974 , as amended, and of the Community Development Block
Gr.int (CD .BG ) Program under this Title is the developm ent of viable urban
com munitie,,, by providing dec ent housing and a suitable livi ng environment and
expanding eco nomic opportunitie s, principa11y for persons of )ow and moderate
inco me .
The project by the City of Enclewood known u HOUSING REHABILITATION
LOAN l'ROGRAM has been C.1teeorized II a rehabilitation project activity and the
City of Englewood will maintain documentation with the National Objective of
Housing activities.
The project by the City of Englewood known as ENGLEWOOD FAMILY SELF
SUFFICIENCY has been categori, ·l as a public service activity and the City of
Englewood will maintain documentation with the Natiooal Objective of Limited
Cliente!e activities
The City of Englewood moy proceed to incur coats for the projects unleas made
contingent under Section 11-F., Lubor Standards, or Section 11-G., Environmental
Reviews, below, and subject to the City of Englewood receiving an official' Notice to
Proceed' from the County.
B . Work to he Completed bx the City aCEnrlewood : The following provisions ou·~line th e
scope of the work to be completed.
1. Proiect Descrintion ·
a . The HOUSING REHABILITATION LOAN PROGRAM :
The project in,·olves rehabilitation and remodeling of substandard owner-
occupied housing units. The funding will be used primarily to tinanct hom e
·epairs to ensure the health and safety ofresidents by assisting in funding for
repairs necessary for the house ■ to meet the City codes and the requirements of
f:l ection 8 of the Federal Exioting Housing Quality Standards. Secondarily,
this project will help residenta/owners maintain the attnctive appearances of •
their homes and will prevent neighborhoods from deteriorating.
b . The ENGLEWOOD SELF SUFFICIENCY PROGRAM:
The City of Englewood will undertake to partiaJ'/y fund a Family Self
Suffici ency Administrator, administrative expe 1.1se'l and fees to other
r eferral agencies for the Family Self Sufficiercy Program.
2 . S239,787 • Housing R,,habilitation Loans
$ 10,000 • Englewood Family Self Sufficiency
These loaned proceeds will be due upon the death of the owner, the sale of house or
the relocation of the owner. It i1 estimated that 18 loans will be made for
qualifying owner-occupied residences.
3 . Ii.mdin.e; The project will be completed within one year from date of the
Agreement unless modified by mutual at,Teement.
4 . Perfounence Crjterje : Project funding will ~ccomplish the following :
a. Housing rehabilitation .
b . Family Self Sufficiency.
5. Rrnortior Ber'..liwnmU:
a. Each Subgrantee Drawdown Request will include progress reports for the
period for wh ich payment is being requested .
b . Annual Report is r equired.
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c . Final Report i1 d11e 45 days after completion of Project.
d. Audit Report • Tho offlciol annul audit for the Ens)ewood Housing
Authority in which boO, reveaUA!s and expenditures for the CDBG · Financial
Project de1cribed herein are detailed. Due annuelly, not lat.er than June 30,
1994.
6 . Labor Standard• /Davia-Baccn): U i1 ciet.ermin•d that: These projecls do not
involve an activity requiring complian,ce wit\, Labor Slandards.
7. Eovitaoment.al Review,: Er•.: .. ' -ittuUU rei .... ff ofthi1 project has been
conducted by Arapahoe ~. _,_,. .t has been detennined that
a . Housing Rehabilitation Loan Program · Site 1pecific reviews must be
completed by th e Housing Authority and records mainlained for monitoring
purj:'lses before any funds can be committed or spenL
b. Englewood Family Self Sufficiency Program • This project is an exempt
activity.
C. Resoonsibililies of the Citv of Eodcwpod :
I . Federal Cgmplj•nce: The City of Englewood shall take all actions that are
appropriate and required ofit to comply with the applicable provisions of the gra nt
agree,,ients received from the U. S . Department of Housing and Urban
Development (HUD) by the County. These include but are.not limited to
compliance wilh the provisions t1( the Housing and Community Developme nt Act
of 1974 (ACT) and all Rules and Regulations, guidelines and circulars
promulgated by L'>e various federal departments, agencies, administrations and
commi55ion s relating to the CDBG Program. More specifically, the City of
Englewood and the County shall each take all required actions to comply with the
provisions of2• CFR Part 570, TiUe VI o(the Civil Rigbls Act of 1964, Title VIII of
the Civil Righls Act of 1968, Section 104 (b) and 109 of the Housing and
Community Development Act of 197-l, 24 CFR Part 85 of HUD 's Unifonn
Admini strative Requirement fro Grants and Cooperative Agreements, and with
0MB Circular A-87, Cost Principles for State and Local Governments. Atteched
to the Agreement as Exhibit A, and incorporated by reference is a summary of
provisions associated with the Communi ty Development Block Grant Program
which shall be followed by the City of Englewood unless it is detennined to be
inapplicable. Additionally, in accordance with 24 CFR l'art 570, no employee,
official, agent or consultant of the City or Englewoorl .. "n a.il exercise any function
or responsibility in which conflict or interest, real o, apparent, would arise.
2. Suoenisfon ond Administretive Control : As to any project conducted during
Program Year 1993, the City of Englewood 11gree s, in accordance with Section Ill ,
paragraph A the County shall have the i:.itimato supervisory administrative
responsibility, but the City of Englewood shall be responsible for the expenditure
of the funds allocated for its project or activity and for the con s truction or
performance of ils project or activity in compliance with all a pplicable Federal
laws and requirements relating to the CDBG Program .
3 . Nao -Appropriations Clause : The City of Englewood agrees th at it wi11 include in
every contract it enters, which relies upon CDBG monies for funding, a non-
appropriation clause that will protect itself and the County from any liability or
responsibility or any suit wHch might result fr om th e di sco nti nuance of CDBG
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funding for any reason. Because the City of Englewood ..,.eement involves
funds from a federal grant, the fundinc provi1ion1 of the 1ubgrant.ee agreement ,
the federal grant and the federal otatutn control rat.her that the provision s of •
Section :U-91-103.6, C.R.S . with roprd to any public worlt project.
4 . Egpendjtuce Be•tri<tjpn,· All CDBG funds that are approved by HUD for
Olpenditure under the County's grant ~ment, includinc those that are
identified for the City of Englewood's projecta and activiti es, shall be allocated lo
the specific projects and activiti es described and listed in the grant agreement.s .
The allocated funds 1hall be uaed and expended only for the projects and
activi ties to which the fund s are identified.
5 . Ae:eemen ts Changes : No project or activity, nor the amount ■11o cate d therefo r.
mny be changed without concurrence by the County and acceptance of the revi 5"d
Final Statement by HUD, if required. Changes must be requeated in writing and
may n ot begi n until a modification lo the Agreement is fully executed.
6. Direct Proj ect Supervision and Administration : Th e City of Englewood dulll J,,.
re spo nsible for the direct supervisi on and adm inis tratio n of its respective p,oj!'t.t
or activity. This task shell be accomplished through the use of the City of
Englewood "s staff, agency and employees. The City of Englewood shall I:.,
r esponsible for any injury lo person a or damage to property resulting from th e
n egli gent acta or errors and omisaions of its staff, agents and employees. The
Ci ty of Englewood, within ita legal ability to do so wtder the Constitution of th e
Stat< of Colorado and its home-rule charter end without in any way or manner
intending to wai ve or waiving the defenses or limitations or dama ges provided
for under and pursuant lo the Colorado Governmental Immunity Act (Sec. 24 -10-
101 , et seq. C.R.S.), the Colorado Constitution, its home-rule charter or u nde r the
common law or the Ja..,s of the United State, or the State of Colorado. shall •
indemnify and save harmless the Cow,ty against any and all darna_nes ;v',ich
are recovered wtde r the Colorado Governmental Immunity Act and r ed ,_11,,-d ! ,
6nel judgement in a court of competent jurisdiction by reason of any negligt nt
act or omission by the City of Englewood, its agents, officers, or eh;~loyees, in
connection with the performance of the contract.
7 . lnslemnil.x: Because the City of Englew ood is res ponsible for the direct
supervision and administration of its project or activity, the County shall not ' .•
liabl e or res ponsible for cost overrwta by the City of Englewood on any projer ,,.
activity. The Cowtty shall have no duty or obligation lo provide any additio1 ,;
funding lo the City of Englewood if its project or activity cannot be completed ,vith
the funds allocated by the Cow,ty to the City nf Englewood. Any cost oveTTW1 s
sh all be the sole respon si bility of the City of Englewood.
a. The City of Englewood agrees that all funds allocated to it for en approve d
project or acti"ity shall be used solely fo r the purposes approved by the Co un ty .
Seid funds shall not be used for any non-approved purposes.
b . Th e Ci ty of Englewood agrees that the funds allocet,ed for any approved project
or activity shall be sufficient to complete said project or activity without any
additional CDBG funding.
8 . l=: If the Ci ty of Englewood's project involves construction activi t ies,
any ,:o ntractor it Wies for said activities shall be requir ed to provide and
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maintain, until final acceptance by the City of Enclewood of all work by such
con\Tactor, th e kinda and minimum amounts of in1uran~ u follow ■:
a. Comorehcn1ive Gc11er1t IJ ■hilitv '. In the amount of not leu than $600,000
combined sincle lir•iL Coverop to include·
1. Premises Operations
2. ?roch,,u/Completed Operations
3. Broad l"orm Contract11&l Liability
4 . Jnde~e ndent Contractors
5 . Employees as Additional Insured
6. J?erscnal Injury
7. Arapahoe County and the City of Engl ,wood•• Additional Named
Insured
8 . Waive r of Subrogation
b. Comncchensive Automobile l1iahilitv · In the amount of not eH tl~ttn $600,000
combined single 'mil for bodily injury and property damage, Coverage to
include :
I. Arapahoe Coun ty and the City of Englewood as additional Named
Insured
2. Waiver of Subrogation
i:. ~ Llohilitv and Worken Compenantion : The contractor shall
.,cu're and maintain employers liability and Workmen·• Compensatio n
ln t unnce that will protect it againat any and all claims resulting from
injuries to and death of workmen engaged in work under eny contract
funded pursuant to the AgreemenL Coverage to include:
1. Waiver of Subrogation .
d . Additional Named lnJtued : All referenced insurance policies and/or
certificates of in s11Tance shall be subject to the following stipulations:
1. Underwriters shall have no righta of recovery subrogation against
Arapahoe County or the City m Englewood; it being the intent of the parties
that the insurance policies so effected shall pro~t the partieo and be
primary coverage for any and all lo ~ses covere by the descri bed
i nsurance .
2. The clause entitled "Other Insurance Provisions" contained in e.ny
policy including Arapahoe County as an additional named insured shall
not apply to Arapahoe County or the City of Englewood.
2. The insurance .companies isauing e policy or policies 1ha1l have no
recourse against Arapahoe Coun • or the City of Englewood for paym ent of
any premiums due or for any a11euments Wlder any form of any policy.
~. Any and all deductibles contained in any ins11Tance policy shall be
ass umed by and at the sole risk of the contractor.
e . Certificate of lnsnronce '. The co ntraetor shall not commence work under an y
contract funded pursuant to the Agreement until he has aubmit.ted to the City of
Eng)ewood, received approval thereof, certificates of insurance shoving that
he has compiled with the foregoing insurance reqwrementa. Th e City of
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En1lewood •":.JI a loo aubmit a copy of the contractor'• certificates of
insurance to the County,
f . Notwithstanding the provision• contained in the In11nance pa,agi-aph of the
Agreement, the County reservea the right to modify or waive said provisions
for projects or activities for which these provision& would prove prohibitive.
The City of Englewood undentanda, however, that the decision to waive or
modify those provisions is fully wi thin the discretion orthe County.
9 . klwh: The City <f Englewood ohall maintain a complet .... t of book s and
records documenting it, us~ of CDBG funds and ita SU l)er,ssion and
admini stration oftht l)ll',!t'.C!. The City ofEDilewood ahal! 91 ovl de full acc ess to
these books and record, to tho County and the Secretary of HIJD o·, h;s designee,
the Office of Inspector G,,.oeral and the Gene,al •~ting Office oo that
compliance with Fede1 al laws and ugulations may b, confirmed. The City of
Englewood further agrees to provide to the County upon request, a copy of any
audit reports pertaining ,,, ;It• City of Englewood's financial operations duri ng
the term of the Agreem,:,t
10. ~ The City of Engle, ood shall file all re pcrts and other information
n ecess ary to comply wi th applicable Federal laws and regulations ~• required by
the Coun ty and HUD . This shall include providing to the County the information
necessary to complel.e the GrMlee Performance Reports in a timely fashion .
11. Ti.m.rlllill :.. "'he City of Englewood has aubmitted to the County, along with its
proposal, 1 ,·.e sc:ription of the work to be performed, a budget, and a timetable
d eli neatin~ :h e length of time needed for each project phase, if applicable , through
the completion of t h e projecL The City of Englewood oholl comply with timetable •
for completion of the proj ecL The City of Englewood understands the t failure to
comply with the timetable may lead to • cancellation of the project and a lo ss of all
unexpended fund s, unless the County determines that there are extenuatin1,
circumstances beyond the City of Englewood's control and that the project will
proceed within a reasonable length of time. The timetable's implementation
shall begin when the County providea written notification to the City of Englewood
to proceed .
12 . Reimbursement for Erpense 11.: The City ofEnglewor,d agTees that before the
County can distribute any CIIBG funds to it, the City of Englewood must submit to
the County's Housing and Community Development Services Division
documentation in the form required by that Division which properly and fully
identifies the amount which the City of Englewood is requesting at that time. The
County shall have ten working days to review the requesL Upon approval of the
request, the Coullty will distribute the requested funds to the City of Englewood or
directly to the appropriate subcontractor or vendor as ooon as possible. Such
requests shall not be submitted more frequently than once per month.
13. Program Income· All program income derived from the Arapahoe County
Community Development Block Grant Program received by the City of
Englewood will be rebined by the City of Englewood and will be disper sed for its
approved CDBG project activities before additional CDBG funds are requested
from the County. Following completion of the City of Englewood's Arapahoe
County CDBG Project, all progi-am income directly generated from the use of
CDBG funds will be r emitted to the County.
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14 . &Ht M1napm1nt : Any single pan,el of'Nt&I property und,•r the City of
Englewood'• control that wu acquired or improved in whole or in part with
CDBO funds In exceat of,25,000 wm either:
a . Be used for an eligible CDBG activity, as determined by the County, for a
minimum of five year ■ following complation of the City of Englewood 's
project ; llR
b . Be dispoH d ofin a manner that reaulta in the County's being reimbursed in
the amount of the current fair mmet value of the property less any portion of
the value attributable t.o expenditures of non-CD BG funds for acquisition of, or
improvement.a to, the property. Reimbursement is not required after five
years following completion or the City of Englewood's projecL
15. Stntc and County Lew Comnlionce : All Tt1ponsibiliUea of the City of Englewood
enumerated herein shall be aubject to applicable State statutes and County
ordinances, resolution s, nr,c! rules and regulations.
16. EnyjrpnrnentAJ Review: The City of Englewood agreed that no CDBG fund s will
be legally obligated to any project activity before the County has completed the
environmental review procedure&, as required by 24 CFR Part 58 .
17. Subconlrecl~: If the subcontract& are wied on this proje,t, the City of Engl ewood
agre es that the provi sions of the Agreement shall apply to any sabcontract.
18.. Suspension or Termir:tlllilll: The Agreement may be suspended or termina ted by
the County if the City of Englewood materially fails to comply with any term of the
Agreement. The Agreement may also be terminated for convenience by mutual
a,,r"6n1ent of the County and the City of Englewood.
19. In tl10 ev ent that the Unit of General Local Government ahould withdraw from the
County's "Urban County" designation, the Agreement shall terminate es of the
termination date of the County's CDBG grant agreement with HUD.
20. The Ci ty ,,f Englewood certifies that to the best of its knowledge and belief:
a . No Federal appropriated funds have been paid or will be paid, by or on behalf
of it, to an y person for influe'ncing or attempting to influence an officer or
t!~p loyee of any agtncy, a MP.mber or Congress, an officer or employee of
Uongres a, or an employee of a Member of Congress in connection with the
aw&rding of any Federal contract, the making of any Federal grant, the
making of any Federal Joan, the entering into of any cooperative agreement,
and th e extension, continuation, renewal, amendment, or modification of
any Federal contract, grant, Joan, or cooperative agreement.
b. If any fund s other than Federal appropriated funds have been paid or will be
paid to any person for infiuencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative agreement, it will complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
a ccordance with its in structions .
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21. PiHDow•ose : If it ia det.rmined by HUD or other federal apnoy that the
upenditure, in whole or in part, for the Cit;y of Enelewood'1 project or activity was
improper, inappropriat. or inelieible for relmburaement, then the City of
Englewood shall reimburse the County to the full extent of the disallowence.
D . ReanonsihHitien of th " Cauotv :
1. Legal LiebiHty and Besooosibjljty : Th e Parties recognize and understand that
the County will be the government.I entity required to execute all grant
agreements r eceived ft c. HUD pur1uent to the Coun ty's requu ts fo r CDBG
funds end that I • ·,iill t,horeby ho< mo and will be held by HUD to be legally lio bl e
end r esponsible fo, th . ,erall od11ilni1tzati 6n and performanc~ of the CDB G
program&, inch ,!ine th• l'roject or acti vi ty to be co nduct.d by the City of
Engle, i• cc.i ulh gly , th e City of Englewood agree ■ that as to i ll project or
acli vi ly p · ,f,11 "'"" •;, -.onducted under any CDBG agreement, the County ah a ll
hav e th e n t l =a t •·ry &dmini st.?ali ve control required to meet HUD requirements .
2 . Perforn,nnr-e eo Q Comnlionce Monitoring : Th e County's sup ervi sory and
admin istrativ, oblii!llions to the City of En glewood purs uant lo paragraph "a ",
above shell be l imited to the performance of th e admin ia trali ve tasks necess ary l o
make CDBG funds avaiiable to the City of Englewood and provide a Mon itorin g
Specialist whose j ob it will be to mon itor the various proj ects funded wi th CDBG
monies to ensure that they comply with applicable Federal l aw ■ and r egulation s.
3 . Rgpp rt jng to HUD : The County will be re s pon sibl e fo r confirm ing the
compliance of the City of Enelewood'1 project with applicable Federal laws and
regulations. The C unty will further be respon ,ible for seeing that all nec essary
re ports and informa tion , including the Grantee Performance Reports , are fil ed
with H UD and other applicable Federal agenci es in a t imely fa shion .
~-Add endum No. 1, modifi es the City of Englewood Subgrantee Agreem ent for the
Arapaho e Co unty Community Development Block Grant Agreemen t as follows :
A . Th e Ci ty of Engl ewood shall require it,. selected Con t ractor to provide and main tain
general liability and properly in surance in an am ount not les s tha n $100,000 by th e
Co nt ractor and to provide and maintain automobile liabili ty insurance and
Workm en's Compenaation insurance required by Colorado law. Pro of of such
in surance sh all be provided to the City of Englewood.
B. Th e City of Englewood and.the Arapahoe County reaffirm the provisions of Section
111.F ., concerning admin istration and indemnification concerning perform ance of
the Agreement .
C . All other provision s of the Agreement not inconsistent with this Addendum No . 1, are
r e affirm e d.
Intr oduced , read in full , and passed on first reading on the 16th day of August, 1993.
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P1.,b1i ahed as a Bill for an Ordinam ! on tho 19th day of Augu1t, 1993 .
R, v i by Ullo and pused on final reading on the 7ll> day of Sept.ember, 1993.
Publi•h cd by Lille u Ordinance No. '1:;, Serie• of 1993, on the 9th day of September, 1993.
ATT F.S T: ...-, II
&fa,«·-$(~
Pa tricia H . Crow, City Clerk
I, Polricia H . Crow, City Clerk of the City of Englewood, Colorado, hereby certify thal the
abo,·o a nd foregoing is a l'J-1':_copy of lh e Ordinance passed on final reading and published
by ti t le as Ordinance No . .:JS Series of 1993 .
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SUBGRANfEE AGREEMENf
FOR THE
1993 ARAPAH E COUNTY
COMMUNITY DEVELOPMENT .ULOCK GRANT PROGRAJ\.-r
This Agreement is made and executed this e a y of ,
199J, by and between the Board of County ComiiiTssioners of t he
county of Arapahoe, State of Colorado, for the Arapahoe c o ,.n cy
Housing Authority (hereinafter referred to as the county) a11d T"he
CITY OF ENGLEWOOD, a municipa lity in Arapahoe County, i,ta c e of
Colorado (hereinafter referred to as the SubGrantea or as t h e llnit
of General Local Government) for the conduct of a Co mmu n ity
De velopment Block Grant (CDBG) Pr o:~c t for Program Yea r l9 9 J.
I. ' Purpose
The primary objective of Title ;. the Housing and Community
Development Act of 1974, as amended, and of the Community
Development Bh,ck Grant (CDBG) Program under this Title is the
development of viable urban communities: by providing deca nt
hous ing and a suitable living environment and expanding economic
opportunities, principally for parsons of low and moderate income.
The proj 'i!Ct by the CITY OF ENGLEWOOD known as HOUSING
REHABILITATION LOAN PROGRAM has been categorized as a
REHABILITATION ACTIVITY and the SubGrantee will maintain
documentation with t.he N1.i'l01'JAL OBJECTIVE of HOUSING activities.
The project by the CITY OF ENGLEWOO[/ !<:,ow n as ENGLEWOOD FAMILY SELF
SUFFICIENCY has been categorized as a PUBLIC SERVICE ACTIVITY and
the SubGrantee will maintain documentation with the NATIONAL
OBJECTIVE of LIMITED CLIENTELE activities.
The Housing Rehabilitation Loan Prog ram and Englewo-:,d Family S2lf
Sufficiency will hereafter be jointl y referrec\ to as "the
Projects".
The SullG ra~t ee may proceed to incur costs for the projects as of
July JO, 1993 unless made contingent under Section II-F., Labor
standards, or Section II-G ., Environmenta Reviews, below, and/or
subject to the SubGrantee re.:eiving an official 'Notice to Proceed'
from the County .
Published as a Bill for an Ordinance on the 111th day of Auguot, 1993.
(;D,J, E+ ,,).,.~· I
Clyde E . Wiafns, or
ATTEST:
a~/L& w. aµ/-
Pa tric i a H . Crow, City Clerk
I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and
paued on firat readinl on the 16th day of Augu.st, 1993. Gat,~~ w. Clc-e 11
Patricia H. Crow
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II. Work to be Completed by the SUbGrantee
Th~ following provisions outline the ■cope of the work to be
compl e t ed.
A. Englewood Family sel! suf!iciancy Description -The
subGrantae will undertake to partially fund a Family Sal!
Sufficiency Administrator, administrative expanses and
fees to other referral agencies for the Family Self
Sufficiency program. · · ··
a . ttousina Reha bi 1 itatioo Loan Proaram Pro i ect Descrict i on -
This project involves rehabilitation of substandard
owner-occupied housing units. The funding will be used
primar i l y to finance home repairs to ensure the health
and safety of residents by assisting in funding for
repairs necessary for the houses to meet the City codes
and the requirements of the Section 8 Federal Ex isting
Housing Quality Standards. Secondarily, this project
will help residents/owners maintain the attractive
appearances of ~heir homes and will prevent ne i ghborhoods
from deteriorating.
B. Payment
It is expressly agreed and understood that the total amount to
ce paid by the Grantee under this contract shall not exceed
$10,000 for Englewood Family Self Sufficiency and $239,787 for
the Housing Rehabilitation Loan Program. Drawdowns for the
payment of eligible expenses zhall be made against the line
item budgets specified in attached Exhibit B herein and
accordance with performance. Expenses for general
administration shall also be paid against th• line item
budgets specified in Exhibit B and in accordance with
performance .
C. Timeline
The projects will be completed within one (1) year from date
of this Agreement unless modified by mutual agreement.
Estimated Completion Date: September l, 1994.
D. Pe~formance Criteria
Pnject funding will accompl i.sh the following:
Englewood Family selt sufficiel!S'.Y ~ Provide housing
assistance and suppor t servic~~ t0'24 families whom
within five years will P~hieve economic self-
sufficiency .
Housing Bobnbilitation Loan Program -Approximately
18 loans will be made tor qualitying owner-occupied
residences to rehabilitate and upgrade substandard
homes .
E. Reporting Requirements
F.
l. Each SubGrantee Drawdown Request wi ll include
progress reports f or the period for which payment is
being requested.
2 . Quartf'rly project r·eport11 will
the end of •~ch quarter {March
Jl and D~cember J l) until
completed .
be due JO da ys after
Jl, June JO, October
the projects are
J. Annual Report for the period July, 1993 througn
July, 1994 is due no later than August Jl , 199 4.
4. Final Report is du~ 45 days after complet ion of the
Projects.
s. Aud i t Report -The official annual audit for the
Su bGrantee in wh i ch both revenues and e x penditur es
for the CDBG Financial Projects described herein
are detailed . Due annually, not later than June JO
of each year.
Labor Standar1s {Davis-Bacon)
It is determined that :
Englewood Family Sel! Sutt!~ -This project does not
involve an activity where compliance with Labor Standards
is required.
Housing Rehabilitation Loan Program -This project does
not involve an activity where compliance with Labor
Standards is r equired.
G. Environmental Reviews
Environmental review of the projects has been cc.nducted
by Arapahoe County. It has been determined that :
~wood Family self Sufficiency -This project i.s an
exempt act i vity.
Hous i ng Rehabil i tation Loan Program -site specific
reviews must be completed by the Housing Authority and
records maintained for mcnitoring purposes before any
funds can be commi tted or spent.
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III. Responsibilities of th• Sul:>Grant••
A. Federal Complienc,e -The SubGrantee shall take all
actions that are appropriate and required of it to comply with
the applicable provi.sions of the ·grant agreements rece i ved
from the U. s. Depar.·tment of Housing and Urban De v elopment
(HUD) by the county. These include but are not limited to
compliance with the provisions of the Housing and Community
Development Act of 1974 (ACT) and all Rules and Regulations,
guidelines and circulars promulgated by the var i ous federal
departments , agencies, administrations and commiss i ons
relating to the CDBG Program. More specifically, the
SubGrantee and the County shall each take all required actions
to comply with the provis±ons of 24 CFR Part 570, Title VI of
the Civil Rights Act of 1964 , Title VIII of the Civil Rights
Act of 19 68 , Section 104 (b) and 109 of the Housing and
Community Development Act of 1974, 24 CFR Patt 85 , Subpart K
of HUD's Uniform Administrati ve Requirement for Grants and
Cooperative Agreements, the regulations applying to minority
bus i ness enterprise, 24 CFR 570.904, the lead based paint
regulations 24 CFR 570. 608 and 24 CFR JS, and with 0MB
Circular A-87, Cost Principles for State and Local
Governments. Attached hereto as Exhibit A and incorporate
herein by this reference is a summary of provisions associated
w:~h the Community Development Block Grant Program which shall
b n 1.'ollowed by the SubGrantee unless it is determined to be
inapplicable. Additionally, in accordance with 24 CFR Part
570, no employee, officia:, agent or consultant of thf
SubGrantee shall exercise any function or responsibility in
which a conflict of interest, real or apparent, would arise.
The Subgrantee cannot engage in a federally funded contract
with any entity registered in the Lists of Parties Excluded
From Federal Procurement or Nonprocurement Programs. This
publication is available in Arapahoe County through the
Housing and Community Development Services Division.
B. Supervision and Administrative Control -As to any
projects conducted during Program Year 1993, the SubGrantee
agrees, in accordance with Section III, paragraph A above that
the County shall have the ultimate supervisory and
administrative responsibility, but the SubGrantee shall be
responsible for the expenditure of the funds allocated for its
projects or ~ctivities and for the construction or performance
of its projects or activities in compliance with all
applicabl~ Federal laws and requirements relating to the CDBG
Program.
c . Non-Appropr iations Clause -The SubGrantee agrees t h at it
will include in every contract it enters, which rel ies upon
CDBG mc,nies for funding, a non-appropriation clause that wil).
protect itself and the County from any liability or
res,oo nsi llility or any suit which might re s11 .. t from th"
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discont i nuance of CDBG funding for any reason . Because thia
subgrantee agreement involves funds from " l'ederal grant, tha
funding provisions of this subgrantee agreemdnt, the federal
grant a nd the federal statutes control rather than the
provisions of Section 24-91-l0J.6, c.R.S . with regard to any
p u blic work projects .
D. Expenditure Re ■trictions -All CDBG funds that are
approved oy HUD for expenditure under the County's g ra nt
agreement, 'including those that are identified f o r the
SubGrantee 's projects and activities, shall be alloca ted to
the spec ific projects and activities described and l isted i n
the grant a greements. The allocated f unds shall be used and
expende d only fo ·e the pro j ects and acti vities to which the
funds are ident i fi ed.
E. Agreeme nt Changes -No projects or activities , nor the
amount a l located therefor , may be changed wi thout concurrence
by the County and acceptance of the r 'lvi s c ·! Final Statement by
HUD, if reguired. Changes must be :cegur.,s ted in writing and
may not beg in until a mod i fication to th .~ Agreemen t i s fully
executed.
F . Direct Projects supervision and Administrati on -The
SubGrantee shall be responsible for the di rect superv ision an d
administration of its respective proJ ect s or activities . This
task shall be accomplished through the u se of the SubGrantee '~.
staff, agency and employees. The SubGrantee s ha ll ~e
responsible for any inj ury to persons or damage to proper'cy •
resulting from the negligent acts or errors and omissions of
it s staff, agents and e mployees. Subgrantee , with i n its l~ga 1
a b ility to do so under the Constitution of the State of
Colorado and its home-ru le charter (if Contractor is a home-
rule municipality) and without in any way or manner i ntending
to waive or waiving the defenses or limitatio ns on damages
provided for under and pursuant ~o the Colorado Gov ernmental
Imm,:nity Act (Sec. 24-10-101, et seq. C.R .S.), t he Colorado
Constitution, its home-rule charter or under the comm o n law or
the laws of the United States or the State of Colorado, shall
indemnify and save harmless the County against an y and all
damages which are r ecovered under the Colorado GovernmP.ntal
Immun i ty Act and redur.ed to final j udgement in a court of
competent jurisdiction by reason " of any negligent act or
omission by Subgrantee, its agents, off icers, or emp l oyees, in
connection with the perf ~:cm ance o f th i s contr act .
G. Indemnity -Be c ause the SubGrantee is re s pons i ble for the
direct supervision and adm i nistration o f ~ts pr o jects or
activiti e s, the County s h all not be l i a ble or respon sible for
cost ove "runs by the SubGrantee on any projects or act ivities.
The county shall have no duty or obligati on to provide an y
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additional funding to the SubGrantee it its projects or
activities cannot be completed with the funds allocated by the
County to the SubGrantee. Any cost over~uns ■hall be the sole
responsibility of the SubGrantee.
1. The SubGrantee agrees that all funds allocated to it for
an approved projects or activities shall be used solely
for the purposes approved by the County. Said funds
shall not be used for any 11on-approved purposes.
2. The SubGrantee agrees that the funds allocated for any
approved projects or activities shall be sufficient to
complete said projects or activities without any
additional CDBG funding.
H. Insurance If the SubGrantee's projects involves
construction activities, any Contractor it uses for said
activities shall be requi r ed to provide and maintain, until
final acceptance by the SubGrantee of all work by such
contractor, the kinds and minimum amounts of insurance as
follows:
1. Comprehensive General Liability: In the amount of not
less than $600 ,000 combined single limit. Coverage to
icaclude:
a .
b.
c .
d.
e.
f.
g.
h.
i.
Premises Operations
Products/Completed Operations
Broad Form Contractual Liability
Indaper.dent Contractors
Broad F~rm Property Damage
Employees as Additional Insured
Personal Injury
Arapahoe County and the SubGrantee as Additio11al
Named Insured
Waiver of Subrogation
2. Comprehens i ve Automobile Liability: In the al'lount of not
less than $600, COO combined single limit for bodily
injury and property damage. Coverage to include:
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a. Arapahoe County and the SubGr.intee as additional
Narr.ad Insured
b. Waiver of Subrogation
. Employers Liability and Worlter:s compensation , The
Contractor shall secure and mai n tain employer's liability
and w~rkmen's Compensation Insurance that will protect
it against any and all claims resulting from injuries to
and dea th of ,:orkmen engaged in work under any contract
funded pursuant to this agreement . Coverage to include:
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4.
5.
a. Waiver of Subrogation
Additional llamed Inaured1 All referenced
po licies and/or certificates of insurance
subject to the following stipulations:
insurance
shall be
a. Underwriters shall have no rights of recovery
subrogation against Arapahoe County or the
SubGrantee; it being the intent of the parties that
the insurance policies so effected shall protect the
parties and he primary coverag e for any and all
losses covered by the described insurance.
b. The clause ent i tled "Othea· Insurance Provisions"
contained in any policy including Arapahoe county as
an additional named insured shall not apply to
Arapahoe Co unty or the SubGrantee .
c . The insurance companies issuing the policy or
policies shall have no recourse aga i nst Arapahoe
County or the SubGrantee for payment of an y ;;:remi um s
due or for any assessments under any for m of a ny
policy ,
d. Any and al l deduct ib les contained in an y insurance
policy shall be assumed b y and at the sole risk of
the Contractor .
Certificate of Inauranoe: The Contractor shall not
commence work under any contract funded pursuant to th is
agreement until he has submitted to the SubGrantee,
received approval thereof, certificates of insurance
showing that he has complh.J with the !oregoing insurance
requirements. The SubGrantee shall also submit a copy of
the Contractor's certi!icates o! insuran ce to the County.
6. Notwithstanding the provisions contained in this
paragraph (H) set forth hereinabove, the County reserves
the right to modify or waive said provisions for projects
·or activities for which these provisions would prove
prohibitive . The SubGrantee understands, however, that
t h e decision to waive or modify those provisions is fully
wi thin the discretion of the County.
I. Records -The SubG.rantee shall maintain a comp l ete set of
books and records documenting its use of ·coBG funds and its
supervi s i on and administral:.ion of the projects. The
SubGrantee shall provide f~ll access to thes e books a nd
records t o the County and the Secretary of HUD or his
designee, the Office of Im:p<1·ctor General and the General
Acco u n ting Office so that comp liance with Federal laws and
regulations may be con fir me d . The SubGrantee fu r ther agree s
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to provide to the County upon request, a copy ot any audit
reports pertain ing to the SubGrantee•s financial opera tions
during the term o! this agreement.
J. Raporting -The SubGrant ■e shall file all reports and
other information necessary to comply with applicab le Federal
laws and regulations as required by the County and HUD . This
shall include providing to the County the information
necessary to comp lete the Gr ~ntee Performance Reports in a
timely fashion.
K. Tim ■lin .,ss -The Su bG rantee has submitted to the County,
along with its proposal, a description o! the work to be
performed, a budget, and a timetable de lineating the length ot
t im e needed tor each project phase, if applicable, through the
completion of the projects . The SubGrantae shall comply with
t iP:etab l e for completion of the projects. The SubGrantee
understands that failure to comply with the timetab l e may
lead to a cancellation of the projects and a loss of al l
unexpended funds, unless the County determ ines that there are
extenuat ing circumstances beyond the SubGrantee's contro l and
that the projects will proceed within a reasonable length of
time. The timetable• s implementation shall beg in when the
County provides written notification to the SubGrantee to
proceed.
L. Raimbursamant !or Expans•• -The SubGrantee agrees that
before the County can distribute any CDBG funds to it, the
SubGrantee must submit to the County's Housing and Commu nity
Development services Division documentation in the form
required b y that Division which properly and fully identifies
the amount which the SubGrantee is requesting at that time.
The County shal l have ten { 10) working days to review the
request . Upon approval of the request, the ':ounty will
distribute the requested funds to the SubGrantee or d irectly
to the appropriate subcontractor or vendor as soon as
possible. such requests shall not be submitted more
frequently than once per month.
M. Program IncoDia -All program income derived from the
Arapahoe County Community Development Block Grant Program
received by the SubGrantee will be retained by the SubGr~ntee
and will be dispersed !or its approved CDBG project activities
before additional CDBG funds are requested from the County.
Following completion ot tlae SubGrantee's Arapahoe county CDBG
Projects, all program income directly generated from the use
of CDBG funds wi ll be remi tted to the County.
N. Ass . t Management -
unde t ' .e SubGrantee '
in whole or in part wi ..
e i ther:
Any single parcel o f real property
,ntrol that was a c quired or i mproved
CDBG funds in e x cess of $25,00 0 will
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1. Be used for an eligible COBG activity, as determined by
the County, for a minimum of five (5) years following
completion of the SubGrantaa's projects;
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2 . Be disposed of in a manner that results in the County's
being reimbursed in the amount of the current fair market
value ot the property lass any portion of the value
attributable to expenditures of non-COBG funds for
acquis :.tion of, or improvements to, the property .
Reimbursement is not required after five (5) years
following completion of the SubGra ntee,' s projects.
o. state and county Law Compliance -All responsibilities of
the SubGra n~ee enumerated herein shall be subject to
a p plicable State statutes and County ordinances, resolutions ,
and rules and regulations.
P. Environmental Review -The Sul:Grantee agrees th.lt no COBG
funds will be legally obligated to any project activity before
the County has completed the env i ronmental review procedures,
as requ ired by 24 CFR Part 58.
Q. Subcontracts -If subcontracts are used on t he projects,
the SubGrantee agrees t~at the provisions of this agreement
s hal l appl y to any sub~ontract.
R. Suspension or Terminatio~ -This agreement may be
suspended or terminated by the County it the SubGrantee
materially fails to comply with any term of this agreement. •
This agreement may also be termi nated tor convenir,nce by
mutual agreement of the County and the SubGrantee .
s. In the event that the Unit of General Local Govarnment
should withdraw from the County's "Urban County" designation,
thi s agreement shall term i nate as of the termination date of
the County's COBG grant agreement with HUD.
T . The subGrantee certifies that to the best of its knowledge
and belief:
l. tlo 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 ot Congress, an
officer or employee of c~ngress, or an employee
of a Member of Congress in connec ccion with the
awarding of any Federal contract, the making of any
Federal grant, t h e making of any Federal loan, the
entering into o f any cooperative agreement, and the
extension , continuation, renewal, amendment, or
modification of any Federal contract, grant, loan,
or cooperative agreement; and,
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IV.
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2. It any tunds other than Federal appropriated tunds
have been paid or will be paid to any person tor
influencing or attempting to influence an officer or
employee ot any agency, a Member ot Congr~~s, an
office~ or employee of Congress, or an employee of
a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative
agreement, it will complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
U. Disallowance -If it is determined by HUD or other federal
agency 'that the expenditure, in whole or in part, for the
SubGrantee's projects or activity was improper, inappropriate
or ineligible for reimbursement, then the SubGrantee shall
reimburse the County to the full extent of the disallowance.
ponsibilities et the County
A. L~gal Liability and Responsibility The Part i es
rec o gn1ze and understand tha t the county will be the
gov ernmental ant i t~• required t o c ><ecute all grant agreements
rece i ved from HUD 1:rHuant t o 't . •• <!()unty 's requests for CDBG
funds "nd that it w' ,.J thP.r •',y ,,,,,;:,m" and wi ll be held by HUD
to be legally liable and s p onsible for the overall
administration and performance o , the CDBG programs, including
the projects or activities to be cond u cted by the SubGrantee .
Accordingly, t he SubGrant ee agrees t hat as to its projP.cts or
activities performed or conducted und ~r any CDBG agreement,
the County shall have the n eces s3ry administrative control
req u ired to meet HUD requirements .
B. Performance and Compliance Monitoring -The County's
supE!rvisory and 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 S~bGrantee and to provide a Monitoring
Specialist whose job it will be to monitor t he various
projects funded with CDBG monies to ensure that they comply
with applicable Federal laws and regulations.
c . Reporting to HUD -The County wilI be responsible for
confirming the compliance of the SubGrantee's projects with
applicable Federal laws and regulations. The County will
further be responsible for seeing that all necessary reports
and informatior, including the Grantee Performance Reports,
are filed with HUD and other applicable Feder~l agencies in a
timely fashion .
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In Witness Whereof, th• Parties have cauaed t.~is agreement to be
dul,• executed ·this_ day of _____________ , 1993.
Attest:
Marjorie Page , clerk to the Board
Wi tness:
Board of county commission rs
Arapaho• county, Colorado
By ______________ _
chairman
SubGrantee :
sy: __________ _
TitlA. ____________ _
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cu:•U·IU NI'J'" OE VELOl!ll£1l T BL,OCK GRAll'r PROr.It.\M
CON 'J'RAC'r CLJIUSE!,
24 C.F R. S 570.50J(b)(l )
Should UP. cl t1Ur , quan tif ied, wit h pa .:-{;ormance criteria buil t
111. l'P. L" Co rm , 1nc e t o inc lude accompl .A.!,hm ent of the product,
111 1 !Uu,cl t..•f c'.l l:'Lo111pl is h111e11t, ti.Jning, 1n j l estones arnJ pez.·sonnel
,,ssi<J1 1f'U. '!'here shou l U be a very spec ific buclyet, ui:yani zet.1
by task us we l l as line item.
~_11.~q_£LJ\UJ ~1J..!.1is t ro tion 24 C.F ,R. § 85,JG(b)(ll)
l'ru1:Pdu t:r-:n ri?y nrc.ling all co11Lroctual a11cl adminis L1:at i ve
i?;R U ~S. 'l'lais mu st include proceUure ~ fer chang ing the
sr.o~QI , sµ'=!ci.f ications , budget, or ct.her provisions. Wh ere
UMII C.i.n;ul ar J\-lJO applies, see J\ttec:hm,.nt O, Par . J.c. (9).
24 c .,.n . § 570 .5 0 2
Cum pl i,1 11,;e wl th the requirements o f 2 , C .F.R. Part 05,
so11 1ie l:.i.111r?s referred to as the "C ommon Rule .·• Appl i cnl.Jla to
yri.rnt~e!'; nnd subrecipients that are governmental entities.
S uL>r e c i p lP.uts that are not governmental entities must comply
w.i.th specified Attachments to 0MB Cil:cular A-1 ).0 .
Cost Priuciµles 24 C .F.R. § 570.502
Cum pliance w.i.th the provis.i.,;,ns of QM!! Circular A-07 or
A-1,2, as applicable.
Co11Ui<.:t ur Interes t 24 C.F.R . § 570.611
No emp loyee, offi cer or agent of the subgrantee s hall
pnrticipate in selection , o r in the award o:r administration
of a contract if a conflict of in'~e rest, real or apparent,
would be .invo l ved. Se<: also 24 C.F .R . S 85 .36(b )(3) or 0MB
Cl,·e u l a ,: J\-110, J\ttacluuent o, i!D.l.'. J.a., as appl.i..:D.ule .
necorc.!keeuiny 24 C .F.R. § 570.503(b )(2)
Def.c.:ei.La reco rc.Js th,,t mu'it be maintained, incluUing
eliyibi llty, nu tiona l ob j ectives, financial,· o qu al
oppurlunlty , etc.:. See also 24 C.F.n . S 570 .5 06 .
Heuorti 11 u Heyuirements 24 C.F .R. S 570 ,SOJ(b)(2)
Ile Re r i ilP. .ill reporting requirements necessary to verify
11ct:l>IIIJ.iJ .j_sh111 ent toward meeting the project scope and to
dRml.'rni:;tJ:-cl t?. compl.iancB wit h other requirements. See also
2-1 C .F.R. s 05.J6(i) (7) or 0MB Circular A-110, Attachntent: II,
a s aµµlicalJl e ,
pcl t ents .:i m.J Cu uvrights 24 C ,F.R, 5 85.J6(i)(O) & (9)
1,11:l11de a ny app licablq provisions regarding righ ts to
pc:ite11ted inventions anci copyrighted material resulting from
t:hP. CDUG contract. Where OM.B circular A-1 1 0 applies, see
/\ttuc..:l une11 t O, Par . 4 .h.
J\ct:ess t o 11.ect.:.r.d §. 24 C.F.R . S 85.J6(i)(l0)
/\c:c:es:; uy city/county , Comptruller General , Secretary or uuu
a rn.1 1;J1eir reprasenta t .ivaa, to any . records relating to the
pro j e ct Where 0MB Circular A-110 applies, see
A tt1Jcl 1111 en t O, Par . 4 • .i.
ne tention or Records 24 C .F.R. S 05.J6 (i )(ll)
All rec:oru s relating to 1:he projec t must be retaineu three
ye,'l r.5 after project a.udit:/close out. Where OM.8 Circular
A-1 10 appl i es, see Attachment: C.
Proyr il.lll Income 24 C .F.R . S 570.50J(b (J)
Description of all guidance on the disposition and use of
prog r am income . See also 24 C.F.R . SS 570.SOO(a) and
!j'/0 .504
)l ev ern i 911 or A!:iset,s 24 C.F.R. S 570.SOJ(IJ)(O)
.Provisions regarding the return of excess funds and
requirements rega_rding the post-closeout use of real
p roµerty acquired or ilnproved with CDBG funds .
Orcac h of Co ntrac t 24 C.F.R. S OS .36 (i)(l)
l\u111i 11 i strative, contractual and legal remedies in instances
o f bre,1ch of contract , includin'g sanctions and penalties.
Wh?.1:e UMU Circ ular J\.-110 applies, see J\.ttaclunent O,
!'ar. 1. a .
'l'e r111i11u tion 24. C .F.R. S 05.36(1 )(2)
Fur ,1 .I. I ,·0 111:rncts in e x cess of $10 ,000, description or how
,111d u11de:.r what circum s t ances a contrac t may be term.l11 cll:e tl
ftH" t:i111se and for convenience , including t he bas i s for
,,.,, r 1,,.,,,.,,,.. Wher.e OM II Circular 1\-110 apµlie,s, sen
J\Lt.,11 :li111c•1 1L U, Pai.·. l\.l.J .
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24 C.F.R . S 5 70.502
Co 111µli.:111ce wi t:h OM.B Circular A-128 (State and local
\loverrumrn t s) or A-133 (Nonprofit:• and higher education
ins U .tutions ). See alao 24 C.F.R. Part 44 and
2 •1 C.F .ll , S 05 .26.
LoUUyi Hg 24 C.F.R. Part 87
No CLJBG funds may be expended for lobbying purposes and
paymenLs from other sources for lobbying must be disclosed.
Jteliui ous Qrganlzatlons 24 C.F.R. S 570.50 J(b)(6)
L.i.mi t iltions and con ditions on the use of CDEG funds by
reliyious _organizations. See also 24 C.F.R. S 5 70.200(j ).
Jlc!;ii.lc11t Al .ie11!3 24 C.F.R. 5 5 70.GlJ
Newly legal iz e d resident aliens are not eligible to a pply
for CDDG fu n ded direct benefits such as services, j obs and
hou siny rehabilitation.
!ill.i:form Relocation ,\55i5t nee
autl Hea l Property Acgui~
Pol icies 1\ct (Uniform l\ctl 24 C.F.R. S 570.606
Requirements for real property acquisition procedures and
l.leJ1e!lts ant! servi ces that anyone displaced muat receive .
Don e.ling autl Insurance 24 C,F.R. S 85.J6(h)
lncl ucle with constructi' n contracts with estimated cost of
$100,UU or more. Requires bid guarantees (5\ of the bid),
performance bond (100\ of the contract price) and payment
borrcl ( 100\ of the contract price). Where OM.B Circular
A-110 apµlies, see Attachment Band Attachment O, Par. 4,c.
Lu.Lo r S l:.a11c.fo.rtls 24 · C.F.R, S 570.603
In a l l construction contracts over $2,000 (except for
ho usiny rehabilit:ation of properties containing less than O
clwelli 11g units ), Davis-Bacon Act and related labor standards
re,,1 u i reruents a pply. Use current wage rates applicable to
tir e. µ,:ojec t a nd JI UD-4010 which includes all req uired
i:efo r.encP.s. See alsc 24 C .F.R. § 05.36 (1)(4 ), (5) and (6)
or CJHB Circular A-llO Attachment O, Pars. 4.e., f. and g.,
a s applicable.
Uc l.Ju ..!.·rc.H.l Cunl:.rac t ors 24 C.F.R. § 570.609
Prold.uiL>I use of debarred, suspended or ineligible
con tractors or s~brecipients in any contract •
24 C.F.R . S 85.36(1)(12)
Fur ill .l cuntrac •.;s and subcontracts over s100;000, include
cumpJ.ir1 11ce wi th standards, orders and requi.raments .Lssued
umh,r Section JOG of the Clean Air Act, Sectio n 508 of the
Clea n Water Act, Executive Order 11738 and environmental
Protection Agency regulations at 40 C.F.R. Part 15. Where
OliB Circular A-110 applies, see Attachment 0, Par. 4 .j .
fl oou Ins ur an ce 24 C.F.R . S 570.605
For acqu isi tion rehabilitation, or construction in special
flood ha1.ard areas ( as determined by FEMA), property must
hc1v e l:luoc.i .insurance.
Energy Efficiency 24 C,F .R. 85,36(i)(lJ)
CumvJ.inm:e with manUatory energy efficiency standards antl
lJOli cies in State energy conservation plan issue d in
co111l,)lia11ce with the Energy Policy and Conservation Act (Pub.
L. 94 -lGJ). See also 24 C.F.R. Part 39. There is no
equivalent provision in OHll Circular A-110.
Le ccl -!)ased Puint 24 C.F.R. § 5 70.608
Prohib its use o f lead-based paint in
llequires notification of occupants.
inspection, testing and abatement in
clrcwnstances.
residential structures.
Provides for
specified
EPA/OSHA
WhP.re as!Jestos is pr<,sent: in property undergoing
rehabi.lit:ation, Federal requirements apply regarding worker
exposure, abatement procedures and disposal. See Notice
t:PU-90-44 for further details.
'l'i t:lc, VI o! t:lte
c .G7ff1 u y11tsilct of 1964 24 C .F .R. § 570.GOl(a)
Co mpliance with P.L. 88-352. Applies to all projects .
J:>rohil>it:s discrimintttion on grounds of race, color or
national origin. Co ·,ers both t:_he delivery of, and the
participation in, all CDBG projects. See also 24 C.F .R .
!'art l.
Fu.i.t• llou sinq 24 C.F.R. § 570 .60l(b)
Compliance with 'l'he Fa ir Housing Act. Prohibits
dist:.r.i111i.nnt:.lor, on the bclsis of ruc e, color, religion, sex,
11at :uno1l origin, handicap or familia l status in al l
act ivities inyo.1.ving the sale~ x:1n6al or financing of
ho u~ ing. l'ub 11 c 1 aw90-284 and E .u. ! U J
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Oiscri111ioat i on Prot iib l t i on 24 C.F .R. S 570.602
Unde r provision o f Section 109 of the HCD Act of 1974, as
amended, discrimination is prohibited on the basis of race,
co lor , r el igion, nacional origin or ■ax. Al f a refers to
discriminat i on on: the basis of hand.Leap and age.
Discrimination on the Basis of
Handicap 24 C.F.R . Part 8
Compliance with Sec. 504 requirements. Covers prohibited
discrimination i n employme nt, benefits and programs .
Establishe s requirements for applying Uniform Federal
Ac ce•sibility Standards (UFAS ) (see 24 C .F .R. Part 40 for
UFAS) to contracts . Note that UFAS and "ANSI Standards "
differ in important respects .
,,u e U.isc4• im i np. tioo 24 C.F.R. Fart 146
Covers prohi b ited d i sc.·imination by recipients and
sub recipien t s in a l l aEpec ts of a ■aiatad programs .
Di scrimination in Emolovmaot 24 C.F.R. S 570 .607(4)
For construction contracts over $10,000, prohibi ts
dis crimina tion i n employment by mak.ing Executive Ord er 11246
and related provi sions app~l cabla .
Emolovment, Trainin~
Con tractina Oooortuo ities · 14 C.F;R. S 570.607 (b)
Under provisions of Secti on 3 of the Housing and Urban
~.QJ2ll!fillj; act of 1968, requires opportunities for training
and employment of lower-income persons and opportunities for
contracting with local firms ._ Applies to all contracts.
Minori t y Business Enterprise 2~ C.F.R. § 85.36(e)
Covers required actions by recip::.ent and contractors to
secure parti c ipa tion of firms ow11ed and controlled by
minorities, women and residents of labor surplus areas .
Where OHB Circul ar A-110 applies, see Attachment O,
Par. 3 . c. ( 3 ) .
Compiled by :
' Of f ice of o~nunity Planning
and Oe ve l opme 11 t
Re g io n VI II (Oenv e r)
J une 19Yl
EXHIBITil
A. HOUSING REHABILITATION
Adm i nistration General Office supplies
Books/Magazines
Postage
Photocopies
Inside Printing
outside Printing
Gas
Tools
Film Other Miscellaneous
Audit
Other Technical
Travel , confe~ence
Registration
Mileage
Tech nical Tra i ning
Advertising
Vehicle Rent
Office Equipment
Repair and Maintenance
Insurance
Recording and Reporting
Salaries & Benefits
subtotal
Pro ject Activities
Rehabilitation (18 Units)
Gra nd Total
$110
41
204
14J
102
204
69
6
102
Jl
14J
15
272
102
20
102
41
479
204
204
lSJ
14
$13,226
$15,987
$223,800
$239,787
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• EXIII., Con't.
8 .
I I
I
ENGLEWOOD nG:JSING AUTHOiVTY
FAMILY SEIF.SUF'r-lCIENCY PROGRAM I
1993 PROPOSB> BUDGET
TOTAL AA». COON1Y CIIY Cl' ENGL CITY CF SHa\ BIO....CWOOOHA SHERIJANHA
I
CASE IMHIIGEMENT seMCES 14,000.00 7,000.001 2,000.00 5,000.00
I
ADMINISlllATIVE EXPENSES 3,000.00 1,000.00 2,too.00
I
CONmACTED WISIOES9MCE! 12,000.00 6,000.00 8,000.00
IN KIND CONTRlllfTION 5,772.00 I 5,772.00
I
HOUS1HG ASSISTANCE PAYMEN1 1011,1'4.DO 72,0115.00 36,048.00
I
TOTAL I 142,916.00 14,000.00 10,000.00 5,000.00 11,11ee.oo 38,0411.00
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Date
August 16, 1993
INITIATED BY
STAFF SOURCE
COUNOL COMMUNICATION
Agenda Item
11 (b)
Subject Bill for an Ordinanr.e
Authorizir.g Execution of !GA for
1993 CDT.JG Funding
Department of Community Developme:,t
Lee Merkel. Community Development Director
ISSUF/ACilON PROPOSED
To approve the Bill for an Ordinance authorizing the execution of an Intergovernmental
Subgrantee Agreement for the 1993 Arapahoe County Community Development Block Grant
program between the Arapahoe Board of County Commissioners and the Oty of Englewood.
PREVIOUSCOUNcnACilON
Council approved the Intergovernmental Agreement with Arapahoe County effective June 1,
1991 by passage of Ordinance No. 37, Series of 1991 to participate in the Federal Community
Development Block Grant Program administered by the Department of Housing and Urban
Development for federal fiscal yean 1992 through 1994. Council also approved the
submission of the application for the 1993 Community Development Block Grant with
Arapahoe County by pusage of Resolution No. 30, Series of 1993.
BACKGROUND
The Community Development Block Grant Program pro\l :des grants to units of local govern-
ment in both metropolitan and non-metropolitan areas to :meet housing and community
development needs. The primary objective of the COoG Program is the development of
viable urban communities by: 1) providing d~ent housing and a suitable living
environment; and 2) expanding economic opportunities, principally for persons of low-and
:":l oderate-lncome. ·
Printed on Recycled Pape , ~
SrAJIII ANALYSIS
The signing ol the subgrantee agreement will allow the City to receive its share of the 1993
Community Development Block Grant funds of $249,787 . The funds will allow :or the con-
tinuation of the Housing Rehabilitati on program and the initial funding for the Family Self
Sufficiency Program sponsored by the Englewood Housing Authority.
FINANCIAL
The City will receive $249,787 for FY93 from the CDBG program. There will not be any
additional financial burden to the City.
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