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HomeMy WebLinkAbout1994 Ordinance No. 017ORDINANCE Nol'? SERIES OF 1994 BY AUTHORIT', COUNCIL BILL NO . 19 INTRODUCED BY COUNCIL MEMBER BURNS AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL SUBGRANTEE AGREEMENT FOR THE 1994 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD. WHEREAS, the City Council approved the execution of an lntefidvernmental Agreement between the City of Englewood and Arapahoe County by passage of Ordinance No. 37, Series of 1991; and WHEREAS, the Agreement related to conduct the Community Development Block ::ran t Programs for Federal Fiscal Years 1992 through 1994; and WHEREAS, the projects by the City of Englewood !mown as Housing Rehabilitation Loan Program has been categorized as a rchabtlltation project activity and the City of Englewood w1IJ maintain documentation wtth the national objcctJve of housing a ctivities: and WHEREAS . the project by the City cf Englewood known as the ENGLEWOOD FAMILY SELF SUFFICIENCY PROGRAM has been catcgortzed as a Public Service activity and the City of Englewood w1IJ maintain documentation With the National Objective o( Umlted Cllentole actJvlties: and WHEREAS . the City of Englewood may p~d to Incur costs for these projects upon acceptance by the Arapahoe County Commlssloncrs unless made contingent under Section 11-F .. Labor Standards. or Section 11-G .. Envtrcnmental Reviews, as contained In the Subgrantee Agreement . and subject to the City of Englewood receiving an official 'N otice to Proc~d" from Arapahoe County: NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOO D, COLORADO , AS FOLLOWS : Swjgp_l, The Subgrantee Agreement for the 1994 Arapahoe County Community Development Block Grant Program is he reby accepted and approved by the Englewood City Council and the Mayor is authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood . ~-The Subgrantee Agreement for the 1994 Arapahoe County Community Develo pment Block Grant Program generally contains as follow s: A . ~: The primary objective of Title I of the Housing and Community De ve '.opment Act of 1974, as amended, and of the Com r.:unity Deve lopment Block Grant (CDBG) Program under this Title is the development of via ble urban communities, by providin g decent housing and a su itable living environment and expanding eco nom ic opportun ities, principal1y for per son s of low and mod erate i ncome . The project by the City or Englewood known u HOUSING REHABIIJTATION LOAN PROGRAM ha, been categorized as a rehabilitation project activity and the City of Enclewood will IJIAintain documentation with the National Objective or Hous inr activ ities. The project by the City or Englewood known u ENGLEWOOD FAMILY SELF SUFFICIENCY has been catecorized as a public service activity and the City of En1lewood will maintain documentation with the National Objective or Limited Clientele activities The City or Englewood may proceed to incur costs for the projects unless made contingent under Section 11-F., Labor Standards, or Section 11-G., Environmental Revi ews, below , and subject to the City of Eni:lewood receivinir an official · Notice to Proceed' from the County. B. Worls ro he Camnleted by the Citv of Eneltwood: The following provisions outline the 1e0pe of the work to be completed. 1. Pto ied DeccrintiQn · a . The HOUSING REHABILITATION LOAN PROGRAM: The project involves rehabilitation and remodeling of substandard owner- occupied housing units. The funding will ho \1$ed primarily to finance home repain to ensure the haalth and safety of residents by assisting in funding for repain necessary for the holl5H to meet the City codes and the requirements of Section 8 of the Federal Existing Hol15ing Quality Standards. Secondarily, this project will help residents/ownen maintain the attractive appearances of their homes and will prevent neighborhoods from deteriorating. b. The ENGLEWOOD SELF SUFFICIENCY PROGRAM: The City of Englewood will undertake to parti•lly fund a Famf ,y Self Su.ffic ie-ocy Administrator1 administrative expenses and fees t.o other referral agencies for the Family Self Sufficiency Program . 2. $255,531 . Housing Rehabilitation Loans S 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 is estimated that 18 loans will be made for quali fying owner-occupied residences . 3. ~ The project will be completed within one year from date of the Agreement unless modified by mutual agreement. 4. Performance Criteria: Project funding will accomplish the following: a . Housing rehabilit.ation. b. Family Self Sufficiency. 5. Reporting Reouir ement:r a . Each Subgrantee Drawdown Request will include progress reports for the period for which payment is being req uested. b . Annual Report is required. -2- c . Final Report ii due 45 clay• wr completion of Project. d . Audit Report -The official annual audit for the En&Jewood Rousinr Authority in which both revenuu and upeniliture1 for the CDBG • Financial Project described herein art detailed. Due annually, not later than June 30, 1995. 6. J.•hot St1od1ab (Davia-Bacon): It i1 determined that: These projecta do not involve an activity requirinr compliance with Labor Standards. 7. Enxirnnrncntal Reviews : Environmental review or this project hi.a been conducted by Arapahoe County. It has been determined that: a . Hou sine Rehabilitation Loan Program • Site specific reviews must be com pleted by the Housinr Authority and records maintained for mor.itoring purposes before any funds can be committed or 1penL b . Englewood Family Self Sufficiency Program -This project is an exempt activity. C. Resnon•ihmties of the Citv of Englewood : I. Federal Gomg]janec: The City of Englewood shall take all actions that are appropriate and required of it to comply with the applicable provisions of the grant ar,eements received from the U. S . Department of Housing and Urban Development (HUD) by the County. These include but an, 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 various federal departments, apnciea, administrations and commission• relatinc to the CDBG Prorram, More specifically, the City of Englewood and the County lhall ei,ch take all required actions to comply w;th t he provisions of 24 CFR Part 570, Title VI of the Civil Rights Act of 1964, Titk ''111 of the Civil Riehts Act of 1968, Section 104 (b) and 109 of the Housinr and Community Development Act of 1974, 24 CFR Part 85 of HUD'1 Unlrorm Adm inistrative Requirement fro Grants and Cooperative Acnomonta, and with O~m Circular A-87, Cost Principles for State and Local Govemmenta. Attached to the Agreement as Exhibit A, and incorporated by reference is a summary 01 provision s associated with the Community Development Block Grant Program which shall be followed by the City of Enelewood unless it is determined to be inapplicable. Additionally, in accordance with 24 CFR Part 570, no employee, official, agent or consultant of the City of Englewood shall exercise any function or r esponsibility in which connict of int.ere1t, real or apparent, would arise. 2. Sunetxision and Adminidrotive Control : As to any project conducted during Program Year 1994, the City of Enelewood agrees, in accordance with Secti on III, paragraph A the County shall have the ultifflllte supervisory administrative responsibility, but the City ofEnelewood shall be responsible for the expenditure of the funds allocated for its pr~iect or activity and for the construction or pe rform ance of its ~roject or activi ty in compliance with all applicable Federal laws and requirements relating t,, th,, CDBG Program. 3 . Non -Annropciutions Clouse : The Cit~/ of Englewood agrees that it will include in every contract it enters, which relies upon CDDG monies for funding, a non- appropriation clause that will protect itself and the County from any liability or responsibility ,r any suit which might result from the d isconti nuance of CDBG -3. funding for any reaaon. Becauae the City or Englewood agreement involves funcla from a fed eral era,,t, the funding provision, of the 1ubgrantee agrH ment, the fed eral grant and the federal atatutes control rather that the provision , of S.cti on 24-91-103 .6, C.R.S . with regard to any public work project. 4 . Egpcnd jturc ftt5trjctjpn •· Al l CDBG funds that are approved by HUD for expenditure under th e County'a grant agreement, lncludinr those that are identified for th e City of Enr,lewood'1 projecta and activities, 1hall be alloca ted to the s pecific projec ta and a ctivities described and listed in the grant agreemen t!. Th e all oca ted funds shall be used and .. pended only for the projecta and cctivi t ies to which the funds are identiAed . 5 . Agreements Ch onus: No project or activity, nor the amount allocated thereror, may be changed without concurrence by the County and acceptance of th e n,vi se d Final Statement by HUD , u required. Changes must be r equested in writing and may not begin until a modifi cation to the Aj:reement is fully executed. 6. Direct Pmiec:t Snnerxi,io n ond Administntion'. The City of Englewood sh all be re s ponsible for the direct supervision and administration of its respective project or ac_tivi ty. This task shall be accomplished through the use of the City or Englewood 's staff', agency and employee•. The City of Englewood shall be res ponsible for any injury to persons or damage to property resulting from the nerligen t acts or errors and omissions ofita staff', agents and employees. The City of Englewood, with in its legal ability to do so under the Constitution of the State of Colorado and its home-rule charter and without in any way or manner intending to waive or waiving the defenses or limitations or damages provided for under and pursuant to the Colorado Governmental Immunity Act (Sec. 24-10· 101 , et seq. C.R.S .), the Colorado Constitution, its home-rule charter or under the common law or the laws of the United States or the State of Colorado, shall indemn ify and save harmless the County again st any and all damages which are r ecovered under the Colorado Governmental Immunity Act and reduced to final judgment in a court of competent jurisdiction by reason of any negligent act or om is si on by the City of Englewood, its agents, offi cers, or employees, in connection with the performance of the contract. 7. Li.aliil.ili'.: Because the City of Englewood is respon sible for the direct sup ervision and administration of its project or activity, the County shall not be liable or responsible for cost overruns by the City of Englewood on any project or activity. Th e Cou nty shall have no duty or obligation to provide any additional funding to the City of Englewood if its project or activity cannot be completed with the funds alloc ated by the County to the City or Englewood. Any co st overrun s shall be the so le res ponsibility of the City of Englewood . a . The City of Englewood agrees that all funds allocated to it for an approved project or activity shall be u!\Od solely for the purposes approved by the County. Said fund s shall not be used for any non -approved purposes. b. The City of En glew ood agrees that th e funds allocated for any approved project or activi ty shall be sufficient to complete said project or a ctivity wi thout any addifonal CDBG fun ding. 8 . WIIIJllli ,: If t he City of Engl ewo,,S s project invol ves con struction activities, any co nt ra cto r it uses for sai d activities shall be requ:red to provide and -4- maintain, until final acceptance by the Cil;y of Enslewood of all work by such contractor, the kinds and minimum amounts or insurance a ■ follows: a. Comnrebennivc \'to teal l.i1bjljty : In the amount of not less than $6()f),000 combined ainele limiL Coveraee lo include: 1. Premises Operations 2. Products/Completed Operation, 3 . Broad Form Contractual Liability 4 . Independent Contractors 5. Employ ees as Additional Insured 6. Penonal Injury 7. Arapahoe County and the City of Englewood as Additional Named Insured 8. Wa iv•r of Subrogation b. Comareben,ive Autnmohilc Lie.hiJity · In the amount of not less than $6001000 combined sinel e limit for bodily injury and property damaee. Coveraee lo include : 1. Arapahoe County and the City of Englewood as additional Named Insured 2 . Waiver nf Subrogation c. Emnloven Liability ond Wod:en Comwmsotion : The contractor shall secure and main<ai n employer', liability end Workmen'• Compensation Insurance that will protect it against any and all claims resulting from injuries to and death of workmen engaeed in work under any contract fund ed pursuant to the Agreement. r overaee to include: 1. Waiver of Subrogation. d. Additinnol Ne med Insured : All referenced insurance policies and/or certificates of insurance shall be subject to the followine stipulations: 1. Underwriters shall have no riehts of recovery subrogation apinst Arapahoe County or the City of Englewood ; it being the intent of the parties that the ins urance policies so effected sh•II protect the parties and be primary coverage for any and all losses co vered by the descn'bed insurance. 2 . The clause entitled "Other In suranc e Provision s" contained in any policy including Arapahoe County as an additional named insured shall not apply to Arapahoe County or the City of Englewood. 3 . The insurance companies issuing the policy or policies shall have no recourse against Arapahoe County or the City of Englewood for payment of any premiums due or for any assessments under any form of any policy . 4 . Any and all ded uctibles contained in any insurunce policy shall be assumed by and at the sole risk of the contractor. e . Certificate of losuraoc;e : The contractor shall not commence work under any contract funded pursuant to the Ae,eement until he has submitted to the City of Englewood , received approval thereof, certificates of in auranc e showing that he has complied with the foregoing insurance re quirements. The City of -5 - \ I , En,lewood shall also submit a copy of the contractor's certltlcate1 of insurance to the County. f . Notwithstanding the provisions contained in the Insurance paragraph of the Ae,-eement., the County reserves e right to modify or waive said provisions for projects or activities f'or which these provisions would prove -prohibitive. The City of Englewood understands, however, that the decision t.. waive or modify those provisions is fully within the discretion of the Cow,ty. 9 . ~: The City of Englewood shall maintain a complete set of books and records documenting its use of CDBG funds and its supervision and administration of the project. The City of Englewood sh al l r ovide full access to these books and records to the County and the Secretary of HUD or his designee, the Office of In s pector General and the General Accounting Office so that compliance with Federal laws and regulations may be confirmed. The City of Englew ood further agrees to provide to the County upon n,quest., a copy of any audit reports pertaining to the City of Englewood's financial operations during the term of the Agreement. 10. ~ The City of Englewood shall file all reports and other information necessary to comply with applicable Federal laws and regulations as required by the County and HUD. This shall include providing to the County the information necessary to complete the Grantee Performance Reports in a timely fashion. J 1. Tjm•Jio•ss-The City of Englewood 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 each project phase, if appli""'ble, through the completion of the project. The City of Englewood shall comply with timetable for completion of the project. The City of Englewood undentands that fa ilun, 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 then, an, extenuating 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 !;,gin when the County provides written notification to the City of Englewood to proceed . 12. Re imbursement for Expenses : The City of Englewood agrees that before the County can distribute any CDBG funds to it., the City of Englewood must submit to the County's Housing and Community Development Services Division documentation in the form required ~y that Division which properly and fully identifies the amount which the City of Englewood is requesting at that time. The Coun ty shall have ten workine days to roview the request. Upon approval of the request., the County will distribute the r0>~uested funds to the City of Englewood or directly to the appropriate subcontractor or vendor as soon as possible. Such requests shall not be submitted more fn-quently 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 Englewoo d will be retained by the City of Englewood and will be dispersed for its approved C DBG project activities before additional CDBG funds are requested from the County. Following completion of the City of Englewood's Arapahoe County CDBG Project, all program income directly cenerated from the use of CDBG funds will be remitted t.. :he County. -6- 14 . 6sut M■oern ■ot: Any ■incl• parml oh•I property under the City at Encf.......t'■ control that wu acquired or improved In whole or in part with CDBG funds In -of $25,000 wiU either: a . Be used for an eligible CDBG activity, as determined by the County, for a minimum of five years following completion of the City of Enclewood's project; QR b. Be dispo ■ed of in a manner that ruulta In the County'■ beine reimbuned in the amount of the cunent fair market value of the property leu any portion of the value attributable to expenditures of non-CD BG fund■ for acquiaition of, or improvements to, the property. Reimbunement is not required after five yean following completion of the City of Englewood's project. 15. State nod County Law Comnliance : All re1ponsibilitie1 of the City of Engh-wood enumerated herein ahall be subject to applicable SIAte 11Atutes and County ordinances 1 resolution s, and rules and regulations . 16. EoYirPnrn•ntaJ Review : The City of Englewood agTHd that no CDBG funds will be legally obligated to any project activity before the County has completed the environment&] review procedures, as required by 24 'CFR Part 58. 17 . Suhoontnu;ta : If the subcontracts are used on this ·project, the City ofEnelewood agrees that the provisions of the Afreement shall apply to any subcontract. 18 . Sm;nemrian at Terrninatian : The Agreement may be suspended or terminated by the County if the City ofEnelewood materially fails to comply with any term of the '\ Agreement. The Afreement may also be terminated for convenience by mutual j agreement of the County and the City of Englewood. 19. In the event that the Unit of General Local Government should withdraw from the County's -Urban County" designation, the Agreement shall terminate as of the termination date of the County's CDBG grant agreement with HUD. 20. The City of Englewood certifies that to the best of its knowledge and belief: a. No Federal appropriated fund s have been paid or will be paid, by or on behalf of it, to any pe rson for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, o· an employee of a Member of Congre11 in connection with the awarding ot' any Federal contract, the making of any Federal e,ant, the making or any Federal loan, the entering into or any cooperative a,reement, and the extension , continuation, renewal, amendment, or mod ification of any Federal contract, grant, loan, or cooperative agreement. b . If any funds other than Federal appropriated fun d, have been paid or will be paid to any persan for influencing or attemptine 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 Cor gress in connection wi th 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 . . 7. 21. Djul)gwanc:,,, If it is cleurminad by HUD or other federal apncy thet the expenditure, in whole or in part, for the City ·• Enslewood'a prqject or activity wu improper, inappropriate or inelisible for re1mbunement, then t.1e City of Enelewood shall reimbunc the County to the full extent of the disallowance. D. Be,pgnniWliUe, oC tbe Cgunty : 1. Leroi Liebilitx end Re:maa:5ihi1ity: The Parties recogn ize and understand that the County will be the 1:0vtmmental entity required to execute all Jl'llnt BgTeementa received from HUD pursuant to the County's requests for CDBG funds and that it will thereby become and will be held by HUD to be legally liable and responsible for the overall admini1tration and performance or the CDBG programs, including the project or activity to be conducted by the City or Englewood . Accordingly, the City of Englewood agrees that as to its project or activity performed or conducted under any CDBG agreement, the County ■hall have the neceau,y administrative control required to meet HUD requirements. 2. Performance end ComnJinnce Manitodog : The County's supervisory and administrative obligations to the City or Enelewood pursuant to paragraph "a", above ,hall be limited to the performance of the administrative taslu necessary to make CDBG fund, available to the City of Englewood and to provide a Monitoring S p ecialist whose job it will be to monitor the various projects funded with CDBG n1 •>ni es to en1ure that they comply with applicable Federal laws and regulation s. 3 . R:Jl> ·',iDI tg HUD : The County will be responsible for confirming the compliance of the City of Englewood'• proj,:ct with applicable Federal laws and regulations. The County will further be ,-esponaible fol' seeing that all n•cessa,y reports and information, i ncludine th,, Grantee Performance Reports, are filed with HUD and other applicable F~aral agencies in a timely fashion. ~-Addendum No. I, modifiea the City of Englewood SubJl'llntee Agreement for the Arapahoe County Community Development Block Grant Agreement as follows: A . The City or Englewood shall require its selected Contractor to provide and maintain general liability and property insurance in an amount not less then $100,000 by the Contractor and to provide and maintain automobile liability insurance and Workmen's Compensation insurance required by Colorado law. Proof or such insurance shall be provided to the City or Englewood. B . The City of Englewood and the Arapahoe County reaffirm the provision., of Section 111.F., con cernin g adm inistrati on and indemnification concerning petformance of the Agreement. C . All other provisions of the Agreement not incon sistent with this Addendum No. I, are reaffirmed . Introduced, read in full, and passed on first reading on the 18th day of April, 1994. Published as a Bill for an Ordinance on the 21st day of April, 1994. Read by title and passed on final reading on the 2nd day of May, 1994 . -8 - Published by title u Ordinance No.fl, Seriea of 199◄, o ~ittfU Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk or the City or Engl ewood, Colorado, hereby certify that the above and foregoing is a true copyArthe Ordinance pasaed on final readinr and published by title u Ordinance No . '-f Series or 1994. dm.J;_d ~- Loucrishi• A. Ellis