HomeMy WebLinkAbout1995 Ordinance No. 012•
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ORDINANCE NO./:!:--
SERIES OF !9P5
BY AUTHORITY
COUNC IL BILL NO. 12
INTRO DU CED BY COUNCIL
MEMBER HATHAWAY
AN ORD!N .NC E APPROV • G AND /.TJTHOR IZING THE EXECUTION OF AN
INTERGOVf:;1. ,MENTAL SUBGRANTEE AGREEMENT FOR THE 1995 ARAPAHOE
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE
ARAPAHOE fl OARD OF COUNTY COMMISSIONERS AND THE CITY OF
ENGLEWOOD.
WHEREAS, the City Council approved •.he ex ecution of an In tergovernmental Agreement
between the City of Englewood and Arapahoe County by passage of Ordinance No . 39, Series
of 1994 ; and
WH EREAS , the Agreement related to the conduct of the Co mmunity Development Bl ock
Grant Programs for Federal Fiscal Years 1995 through 1997; and
WHEREAS, the project by th e City of Englewood known as the Housi n g Rehabilitation
Loan Program ha ~ been ca tegorized as a rehabilitation project activity and the City of
Englewood wil1 maintain documentation with the National Obj ective of Housing activiti es:
and
WHEREAS, the project by the City of Englewood k nown as the En glew ood Family Self
Sufficiency Program has been ca tegorized as a public s ervice activi ty and the City of
En glewood will maintain docume ntation with th e National Obj ective of Lim ited Clientele
activiti es; and
WHEREAS, th e City of Engl ewood may proceed to incur costs for these projects until
ac ce ptance by the Arapahoe County Commissione rs un less such acceptance is made
conti .,ge nt unde r Sectio n II -F., Labor Standa rd s, or Section II -G ., Environmental Revie ws ,
as cc n uined in the Sllbgrantee Agreement , and subject l o th e City of Englewood receiving an
officia : "Notice to Proceed" from Arapahoe Coun ty :
NO W, THEREFORE, BE IT ORDAI NED BY THE CITY COUNC IL OF THE CITY OF
E NGLEWOOD, COLORADO , THAT :
~-The Subgrantee Agreement for the 1995 Arapahoe County Community
Develop ment Block Grant Program is hereby a ccepted and approved by the Englewood City
Council and th e Mayor is a uthorized to execute and the City Cl erk to attest and seal the
Agreement fo r end on behalf of the City of E ngl ewood .
~-The Subgrantee Agreement fo r the 1995 Arapahoe County Co mmunity
Develop ment Bl ock Grant Program is attached hereto as Exhibit A.
Setiliw..,1. The City Manager shall be author ized to further extend the Subgrantee
Agreement For The 1995 Arapahoe Co unty Community Development Bl ock Grant P rogram
as needed .
Introduced, read in full , and passed on fi rst reading on tho 3cd day of April , 1995 .
Publi shed as a Bill for on Ordinance on the 6th day of Ap ·1, 1995.
Rend by title and passed on final ren ding on the 17th d,,y of April , 1995 .
Publi shed by ti tl e a s Ordinance No .~Series of 1995, on the 20th day of April, 1995 .
~ Thomas J. Bums, Mayor
I. Lcu crishia A. Ell is, City Clerk of th e City of Englewood, Color ado , hereby ce rtify thnt
the abo ve and for egoi ng is n true COPj.,, of lh e Ordinanc e pass i! "" fin nl rendi ng and
publi shed by title as Ordinance No,_tA. Series of 1995. 1
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EXHIBIT A
SUBGRANTEE AGREEMENT FOR THE
1995 ARAPAHOE COUNTY
COMMUNTIY DEVELOP!\1ENT BLOCK GRANT PROGRAM
This Agreement is made and executed this day of
----~----' 19 95 by and between the Board of County
Commiss ioners of the County of Arapahoe , State of Colorado, for the
Arapahoe County Housing Authority (hereinafter referred to as the
County) a nd the CITY OF ENGLEWOOD, a municipality in Arapahoe
County, State of Colorado (hereinafter referred to as the
SubGrantee or as the Unit of General Local Government ) for the
conduct of a Commu n i t y Development Block Grant (CDBG) Project for
Program Year 1 99 5 .
I . Purpose
The primary objective of Title I of the Housi ng and Community
Development Ac~ of 19 7 4, as amended , and of the Community
Development BlocJ.' Grant (CDBG) Program under this Title is t h e
develooment of viable urban communities, by providing decent
housing and a suita ble living environment a n d expanding economic
opportun ities, pr i ncipally for persons of low and moderate inc~ e .
The project b y the CITY
Rl'!llAB ILITATION LOAN PROGRAM
RERABILITATION ACTIVITY and
OF ENGLEWOOD known as HOUSING
has been categorized as a
the SubGrantee will maintain
OBJECTIVE of HOUSING activities. ~ocumentation with the NATIONAL
The project b y the CITY OF ENGLEWOOD known as ENGLEWOOD FAMILY SELF
SUFF ICI ENCY has been categorized as a P URL IC SERVICE ACTIVITY and
the Su bG rantee will maintain docume~tation with the NAT IONAL
OBJECTIVE of LIMITED CLI ENT ELE activities .
The Housing Rehabilitation Loan Program a nd Englewood Family Self
Suffic i ency will hereafter be jointly referred to as "the
Projects".
The S u bGrantee may proceed to i n cur co sts for the projects as of
April 1, 1995 unless mad e contingent u n der Section II-F ., Labor
Standards, or Section II-G., Environmental Rev iews , below, and /or
s ub ject to the SubGrar :ee rece iving a n of ficial 'Notice to Proceed '
from t he County.
II. Work to be completed by the SubGrantee
The followi ng provisions o u.t line the scope of the work to b e
c om pleted .
A. J;;nqlewood Family Self Sufficiency pesc;:iption -The
SubGrantee wi l l undertake to partially fund a Family Self
Suf f iciency Administrator, administrative expenses and
fees to other referral agencies for t he Fa1nily Self
Sufficiency program .
B. Housing Rehabilitation Loan Program r~oiect Descript i on -
This project involves rehabilitation of substandard
owner-occupied housing units. The funding will be used
primarily 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 i sting
Housing Quality Standards. Secondarily, this project
will help residents/oliners maintain the attractive
appearances of their homes and wi 11 prevent neighborhoods
from deteriorating.
B. Payment
It i s express l y agr eed and understood that the total amoun t to
be paid by the Grantee under th i s contrac·~ shall not exceed
$10,000 for Englewood Family Self Su ff icienc1 a nd $226,577 for
the Housing Rehabilitation Loan Proqram. Drawdown s f or the
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payment of eligi ble expenses shall be made against the line •
item budgets speci fied in attached Exhibit B herein and
a ccorda nce with pe1·formance. Expenses for general
adm i nistration shall also be paid against the l i ne item
budgets specif ied in Exhibit B and in accordance with
perf ormance .
C. Ti meline
The projects will be completed within one (1) year from date
o f this Agreemen t unless modified by mutual agreement.
Estima t ed Completion Date: April 1, 19 S6.
D. Perform a r. oe Criter i a
Proj e ct fund ing will accomp lish t h ~ f o llowing:
Englewood Fam i l y Self Su f fi c iency -Provide hou sing
assistance and suvport services to 25 families whom
withi n fiv e years wi l l ach i eve economi c s el f-
suffici en c y.
Ho u sino Reha b il itation Loa n Program -Approx i mate ly
16 ~l oans wi ll be mad e f or qualify ing owner-occu p ied
res i den c e s t o r e h a bi lita te and upgrade subst a nda rd
homes. ·
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E. Reporting Requirements
l.
2.
Each SubGrantee Drawdown Request will incl ude
progress reports for the period for which payment is
being requested.
Quar t erly project reports will be due
days following the end of each quarter
June JO, Se ptember JO , December 31)
Projects are c omp leted.
within JO
(March 31,
until the
J. Final Report is due 45 days after coMpletion of the
Pr oj e cts.
4 . Annual and Audit Reports -The official Annual
Report and Annual Audit for the SubGrantee in which
both revenues and expenditures for the CDBG
Financial Projects described herein are detai led.
Due annually, not later than June JO of each year.
F. Labor Standards (Davis-Bacon)
It is determined that:
G.
Englewood Family Self Sufficiency -This proj ect does not
invo lve an activity wh ere compliance with Labor Standards
is r equired .
Housina Rehabilitati on Loan Program -This pro ject does
not involve an activity where compliance with Labor
Standards is required.
Environme ntal Reviews
En v ironmental review of the projects has been conducted
by Arapahoe County. It has been determined that:
Englewood Family Self Sufficiency -This p~oject is an
exempt activity.
Housing Rehabilitation Loan Program -Site specific
reviews must be completed by the Housing Authority and
records maintained for monitoring purposes before any
funds can be committed or spent.
III. Responsibilities of the SubGr~ntee
A. Federal Compliance -The SubGrantee shall take a ll
actions that are appropriate and required of it to comply with
the applicable provisions of the grant agreeme nts received
from the U. 5. Department of Housing and Urban Development
(HUD ) by the County. These include but are not limi ted 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, agencies, a dministrations and commissions
relating to the CDBG Program. More specifically, the
SubGrantee and the County shall each take all requlred actions
to comply with the provisions o f 24 CFR Part 570, Title VI of
the Civil Rights Act of 1964, Title VIII o f the Ci vil Rights
Act of 1968, Section 104 (b) and 109 of the Housing and
Community Development Act of 1974, 24 CFR Part 85, Subpart K
of HUD 's Uniform Administrative Requirement for Grants and
Cooperative Agreements, the regulations applying to minority
bus i ness enterprise, 24 CFR 570. 904, the lead based pa int
regulations 24 CFR 57 0 . 608 and 24 CFR 35, and with 0MB
Circular A-87, cost Principles fo r State and Local
Gov ernmen ts . Attached hereto as Exhibit A and incorporate
here in by this refer ence is a summary of provisions associated
with the Community Development Block Grant Program which shall
be followed by the SubGrantee un less it is determined to be
inapplicable. Additionally, in accordance with 24 CFR Part
57 0 , no employee, official , agent or consultant of the
subGrantee shall exercise any function or responsibility in
which a cr,nf lict of interest, 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 Fede ral Procurement or Nonprocurement Programs. Thi s
publication is available in Arapahoe County through the
Housing and Commun i ty Development Services Di vision.
B. supervis i on and Administrative Control -As to any
projects conducted during Program Year 199 5, the SubG rantee
agrees, in accordanc e wi th Section III, paragraph A e bove that
the county shall have the ultimate supervi •cry a nd
administrative responsibility, but the SubGrantee shall bl!
responsib le f o r the expenditure o f the fund s allocated for i ts
pro jects or activities and for the construction or performance
of its projects or activities in c ompliance with all
app licable Federal laws and requirements relating to the ~DBG
Program.
c . Non-Appropriations Clause -The S1.1 bGrantee agrees that it
will include in every contract it en ce rs, which relies upon
CDBG monies for funding, a non-appropriation clause t Lat will
protect itself and the Cou n·ty from a ny liability or
responsibility or any suit which might result from the
d iscontinuance of CDBG fundi ng for any reason. Bec ause this
subgrantee agreement. i.nvolves funds from a federa l grant, the
funding provi sions of this subgrantee agreement, the federal
grant and the federal. statutes c ontrol rather than the
provis ions of Section 2.\-91-103 .6, C.R.S . with regard to any
public work pro jects.
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o. El<penditure Restrictions -All CDBG fun<ls that are
approved by HUD for expenditure under the county 's gr ant
agreement, includirig those that are identified for the
SubGrantee's projects and activities, shall be alloca ted to
the speci fic projects and activitie s described and list ed in
the grant agr,?ements. The allocated funds shall be used and
ex~ended only for the projects and activities to which the
f unds are identified.
E. Agreement Changes -No projects or activities, nor the
a mount allocated therefor, may be changed witho u . ~ncurrence
by the county and acceptance of the revi sed Final Statement by
HUD, if required. Changes must be requested in writing and
may not begin until a modification to this Agreement is fully
e x ecuted.
F. Direct Projects supervision and Admin istration -The
Su bGr an,ee s hall be responsible for the direct supervision and
adm i n i s tration of i~s respect i ve projects or act ivities. This
task sha l l be accomplished thr~ugh the use of the SubGrantee's
staff, agency and employees. The SubGrante e shall be
res ponsib l e for any injury to p •.'rsons or damag e to property
resulting fro m the negligent act ~ or errors and omissions of
its staff, agents and employees. Subgrantee , within its l e y a l
ability to do so under the c ,•,nstitution of the State of
Colorado and its home-rule charter (if Contrac~o r is a home-
rule mun i cipality) and without in any way or manner intending
to waive or waiv ing the defenses or limit ati o ns on damages
prov ided for under and pursuant to the Co l orado Governmental
Immunity Act (Sec . 24 -10-101, et s eq . 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
i ndemnify and save harmless the County against any and all
damages which are recovered under the Colorad o Governmental
Immunity Act and reduced to final judgement in a court of
competent juri sdiction by reason of any negligent act or
omission by Subgrantee, its agents, officers, or employees, in
connection with the performance of this contract.
G. Liability -Le cause the SubGrantee is res p onsible for the
direct superv ision and administration of i t s projects or
activities, the county shall not be liable or responsible for
cost overruns by the SubGrantee on any projects or activities.
Th e county shall have no duty or obligation to prov i de any
add itional funding to the SubGrantee if its projects or
acti vities cannot be completed with the funds a l located by the
County to the SubGrantee. Any cost overruns sha l l be the sole
r es pon sib i lity ,: the SubGrantee .
l. The SubGrantee agrees that all fun d s allocated to it for
an approved projects or activities shall be used solely
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2.
for the purposes approved by the County . Said funds
shall not be used for any non-approved purposes.
The SubGran tee agrees that the funds allocated for any
approved projects or activities shall be sufficient to
complete sa id projects or activities without any
additional CDBG funding .
H. Insurance If the SubGrantee's projects involves
construction activities, an.y Contractor it uses for said
activities shall be required to provide and maintain, until
final acceptance by the SubGrantee of all work by such
contractor, the kinds and minimum amounts of insu rance as
follows:
l. comprehens ive General Liability: In the amount of not
less than $600,000 combined single limit. coverage to
include:
a.
b.
c.
d.
e.
f.
g.
h.
i.
Premises Operations
Products/Completed Operations
Broad Form Co ntractual Liability
Independent Contractors
Broad Form Property Damage
Employees as Additional Insured
Persona l Injury
Arapahoe County and the SubGrantee as Adc!itional
Named Insured
Waiver of Subrngation
2. Comprehensive Automobile Liability: In the a.nount of not
less than $600,000 combined single :i.imit for bodily
i n jury and property damage. Coverage to include:
a . Arapahoe County a nd the SubGrantee as ,dditional
Named Insured
b. Waiver of Subrogation
3. Employers Liability and Workers Compensation: .. The
contractor shall secure and maintain employer 's l i abil i ty
and Workme n's Compensation Insurance that will protect
it against any and all cla ims resulting from injuries to
and death of ' workmen enqaged in work under any contract
funded pursuant to this agreement. Coverage to include:
4.
a. Waiver of Subrogation
Additional Named Insured: All referenced
policies and/or certificates of insurance
subject to the following stipulations:
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insurance
shall be
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a. Unden,riters 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 be pr i mary coverage for any and all
losses covered by the described i nsurance.
b. The clause entitled "Other Insurance Provisions"
contained in any policy including Arapahoe County as
an add i tional named insured shall not apply to
Arapahoe county or the SubGrantee.
c. The insurance companie s issuing the policy or
polici es shall have no recourse against Arapahoe
County or the SubGrantee for payment of any premiums
due or for any assessments under any form of any
policy.
d. Any and all deduct ib les contained in any insurance
policy shall be assumed by and at . ~e sole risk of
the Contractor.
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
requ i rements . The S ubGrantee shall also submit a copy of
the Contractor's certificates of insurance to the count .
6. Notwithstanding the provisions contained in this
paragraph (H) set forth hereinabove , the County reserves
the right to modify or waive sa i d provisions for projects
or activities for which these provi sions would prove
prohibitive. The SubGrantee understands, howev er, that
the decision to waive or modify those provisions is full y
within the discretion of the County .
I . Records -The SubGrantee shall maintain a comp lete set of
books and records document ing its u se of CDBG funds and its
s u pe.rvision and admi nistration of the projects. The
SubGrantee shall provide full access to these books and
records to t he Co u nty and the Secretary of HUD . or his
designee, the Office of Inspector General and the General
Accounting Office so that compliance with Federal laws and
regulations ~ay be confirmed. Th e Su!:lGrantee further agrees
to provide t o the County upon request, a copy of any audit
reports pertaining t o the SubGrantee's financial operations
during the t e r m of t hi s agreement.
J. Reporting -The SubGrantee shall file all repo rts and
oth er information necessary to comp ly with applicabl e Federal
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laws a nd regulations as required by the County and HUD. This
shall include providing to the County the informatio'l •
nece ssary t o c omp lete the Grantee Performance Reports i n a
time ly f ashion .
K. Tillleliness -The SubGrantee has submitted to the County,
along with i ts proposal, a description of the work to be
perf ormed, a budget, and a timetable delineating the length of
time needed for each p~oject phase, if applicable, through the
,7<;,. pletion of the projects. The SubGrantee shall comply with
t j _:,eca ble for completion of the projects . The SubGrantee
und ~rstands that fail u re t o comply with th"' t imetable may
l eaa t o a c ance llation of the proj ects and a loss of all
unexpdnded funds, unless the County determines that there are
extenuating c irc umstances beyond the SubGrantee's control and
t hat the projects will proceed wi thin a reasonable length of
t ime. The timetable's imp lementation shall begin whe n the
County provides written notification t o the SubGrantee to
p roceed.
L . Reilllbursement for Expenses -The Su bGrantee agrees that
before the County can d istri bute any CDBG funds to it, the
SubGrantee must submit to the County's Hous ing ~nd Communi ty
Development Services Division documentation in the form
requ ired by that Di vision which properly and ful ly identifies
the amount which the SubGrantee i s requesting at tha t time .
The Coun ty shall ha v e ten (10) working days t o review the
request. Upon approva l o f the request, the County wi ll •
distribute the requested funds to the SubGrantee or directly
to the appropr iate subcontractor or vendor as soon as
possible. Such requests sha ll not b e submi tted more
frequ e ntly than once per month .
M. Program Income -All program income der ived f rom the
Arapahoe County Community Development Block Grant Program
rece ived by the SubGran tee will be"retainf,J by the SubGrantee
and wi l l be dispersed for its approved CDBG project activities
before a dditiona l CDBG funds are requested from the Co unty.
Following completion of the SubGrantee's Arapahoe County CDBG
Proj ects , all p rogram income directly generat ed f rom the use
of CDBG funds wil l be remitted to the County .
N. Asset Management -Any single parcel of real property
under the SubGrantee's control that was acqu ired or improved
in whol e or in part with CDBG funds in excess of $25,000 wi ll
either:
J. Be used for an eligible CD BG activity, as determined by
the County,' for a minimum of five (5) years foll owing
compl etion of the SubGrantee's proj ects;
OR
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2. Be disposed o f in a manner t hat results in the County's
being re imbursed in the amount of the curtcent fair market
value of the property less any portion of the value
attributable to expenditures of non-CDBG funds fo i,
acquis i t ion of, or improvements to, the property.
Reimbursement i s not required after fiv e (5) years
follo wing completion of the SubGrantee's proj e c ts.
o. State and county Lav compliance -All res p onsibi lities of
the SubG ran t e e ~num erated herein shall be subj e c t to
apf l .ca ble State statutes and County ordinances, resolution s,
a nd rules and regulations.
P. Environmental Review -The SubG ra ntee agree s that no CD BG
funds will be lega l ly obligated t o an y p r o ject activity before
the County has comp leted the env ironmen t a l review procedures,
as required by 24 CFR P~rt 58.
Q. Subcontracts -If s ubcon tracts a re used on the projects,
the SubGrantee a grees that the provisions of this agreement
shall apply to any subco ntract .
R. Suspension or Termination -This agre ement may be
sus pended or terwinated by the County if the SubGrantee
mater ially fails to comply with any term o f this agreement.
This agreement nay also be termir,ated for convenience by
mutual agreement of the County and the SubGrantee •
S. I n the e v e nt that the Un i t of General Local Government
should withdraw from the County's "Urban County• designation,
this agreement shall terminate as of the t ermination date of
the County 's CDBG grant agreement with HUD.
T. The SubGrantee certifies that to the best of its knowledge
and belief:
1.
2 .
No Fe~eral appropriated fund s have been paid or will
be ,aid,. by or on behalf o f it, to any person for
influe ncing or attem pting to influence an officer or
employee of any agency , a Member of Congress, an
offic e r or e mployee of Congress, or an emp loyee
of d Member of Co ng ress in connecti on with the
awarding of any Federal •=ontract, the making of any
Federal grant, the making of any Federal loan, the
entering into of any coo perative agreement, and th e
extens ion, continuation, renewal , amendme n~, or
modification of any Fede ral contract , grant, loan,
or cooperative agreement; and,
If any funds other than Federal appropriated fu nds
have been paid or will be paid to any person for
influencing or attemp ting to influence an of ficer or
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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
accordance with its instructions.
U. Disallovance -If it is determined by HUD or other federal
agency that the e xpenditure, 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 o f the disal lowance.
IV . Responsibili~ies ot the county
A. L~c,11.l L · abilitl' and Responsibility The Parties
recogni z e -.n d und e r stand that the County will be t ·ne
governmental entit:y required to execute all grant agrP em ents
received froc HUD pursuant to the County's requests for CDElG
funds and that it ._.11 1 ':hereby become and will be h eld b y HUD
to be legally li<.t•l~ -•nd responsible for t h e overall
administr :ition a n pe ~'-'"· uance of the CDB G programs, including
the projects or act ·· , ie,; to be conducted by the S•a bGrantee .
Accordingly, the SubG ~ ntea agrees that as to its pro~ects or
activities performed or ccnducted under any CDBG agr eement,
the County sha ll have the necessary admin i strative control
required to weet HUD require~ents.
B. Perform.anee and compliance Monitoring -The County's
supervisory and administrative obligations to the SubGrantee
pursuant to paragraph A above shall be limited to the
performance o f the administrative tasks n ecessary to make CDBG
funds available to the SubGrantee and to provide a Monitor~ng
Specialist ._.hose job it will be to monitor the various
projects funded wi th CDBG monies to ensure that they comply
with applicable Fe deral laws and regula t ions.
C. Reporting to HUD -The County will be responsible for
con fi r mi ng the compliance o f the SubGrantee's projects with
a pp licable Federal laws and regulations . The County will
furthe r be responsible for seeing that all necessary reports
and information, including the Grantee Performance Reports,
are filed ._.ith HUD and other applicable Federal agencies in a
timely fashion.
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In Witness Whereof, the Parties have caused this a greement to be
duly dxecuted this ___ day of ____________ , 1995.
Attest:
Cl erk to the Board
Witness:
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Board of County Commissioners
Arapahoe county, Colorado
By_-=,,--,----------Chairnan
SubG r ,~tee :
By: ___________ _
Title ____________ _
EXH'LU IT A
C0!-1.'!U>i!TY ozv,:L : PME NT BLOC K GRANT PROGRAM
CONTRACT CLA USES
SCQE:'? 0 f Work 2 4 C.F.R . S 57 0 .503(b)(l)
Sh au d be c l ear, quar.t ifie d , wi th performance criteria buil
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·.n . Per f o rma nce to i:1clude accomplis hment o f the pr oduct,
method o f a ccom plishmo nt, t iming , milestones and personnel
as signee. Th e r e should 1.,., • ve.ry specific b udget, organized
by tas k as well as line item.
Contract J-.d.mini s t.::.·ation 24 C.F .R. S 85.36(b)(ll )
Proc e dures regarding all cQ ntractual and administrative
i ssue s, Th is mu st inclu•:.e procedures for changi ng the
scope , s peci f i c ations, budget , or ether provisions . Where
OP..3 Circula r A-llO applies , s ee Attac hm ent O, Par . 3.c.(9).
Uniform J..d.r11ini st=a t i on 24 C.F.R. S 570 .502
Compliance with the requireme nts of '14 C.F.R . Part 85,
sometL~es re:erred to as the "Co mmon Rule .• Applicable to
grantees a nd s ub recipients t ha t are governmental ent i ties.
Subreci pients that are not go vernmental e~tities must comply
with spec i f iec Atta chments to OP..3 Circular A-11 0 .
Cost Princ i oles 24 C,F.R . S 570.502
Como liance with the provis i ons of OM:8 Circular A-87 or
A-12 2, as app licable.
Con fl ict o f I nteres t 24 C,F.R. § 570.611
No em p lr-re e , o::ficer o r age nt o f t he subgrant ee shall
p arti c ipat e in selection, or i n t he award or administration
of a c ontrac t if a conflict o f internst, real or apparent,
wo ul c be involve d . See also 24 C.F.R. S 85.36 (b )(3) or 0MB
Ci ~c ular h -110 , At tachment 0 , Par. 3.a., as a pp l i cable.
Recordkeeoino 24 C.F.R. S :7 0 .503(b)(2)
De scr ibe =eco r Cs tha t mus t be maintai ne d , inc luding
eli~ibility , national ob jec tives , financial, eqc~l
o~portu~~ty , etc , See als0 24 C.:.R. § 570 .5 06 .
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Reoorting Reaui,:;eme.1ts 24 C.f,R , § 570 .503(b)(2)
Describe a_l r eporting requirements nec e ssary to verify
accomplishment toward meeting t he project scope and to
demonstrate compliance with other requir,aments . See also
24 C.F.R. S 85 .36(i)(7 ) or 0MB Circul ar A-110, Attachment H,
as applicable .
Pat ents and Coovriohts 24 C.f.R, § 85.36(i )(8) & (9),
Include any a pplicab_e provisions regarding right s to
patented inven tions r.nd copyrighted material resulting from
the CDEG c ontract. Where 0MB circular A-1 10 a pplies, see
At:tac ~en t O, Par. 4.h .
Access to RecorCs 24 C.F.R. § 85.36 (i)(l0)
Access b y c i t y/c cunty, Comptroller Ge neral, Secretary of HUD
and their r e presentatives, t o any r ecords relz.ting to the
project. Where Ol!:3 C:.rcul ar A-110 a pp lies, s&e
Attachment O, Par. 4.i.
Retention of Re cords 24 C.F.R. S 85,36(i )(ll)
All rds relatin~ to the pro ject must be retai ned three
ye,_~ d fter project a u d it/close out. Where 0 MB Circular
A-110 applies , see Attachment C .
Program Incom e 24 C,F,R. § S7 r.S03(b(3)
Description of a ll guidance on the dispos ition and use of
program income. See also 24 C.F.R . S§ 570.SO O(a) and
57 0 .504
Reversion of Assets 24 C.F .R. § 570 .5 03(b)(8)
Pr ovisions regarding t h e return o f exces s funds and
r e quir em e nts regarding the pos t -c loseout use of real
p roperty acquired or improved with CDBG funds.
Breach of Contract 24 C.F,R. § 85 .36 (i )(l)
Administrative , cont r a ctual a nd l e gal rem e d ie s in instances
of breach of contract , includi n·g sanctions and penalties.
Where o:-!B Circular A-11 0 applies , sec Attachment O,
Par . 4.a.
Ter:ni!"lation 24. C.F .R. § 8 5.36(i)(2)
For all cont=ac ts in e x cess ~f $10,000, de scription of · how
and under what c ircums ·tance$ a c o ntract may b e terminated
for cause and for c onvenience, i nc lud i ng t he b asis fo r
settlement. Whe =e 0!13 Circular A-110 appl i es , see
Attachment O, Pa=. 4.b .
Audit 24 C.F.R. § 570 .502
Comp lianc e wi th 0MB Circular A-128 (State and local
gove rnme nts) or A-133 (Nonprofi ts and h igher education
institutions). Se e also 24 C.F .R. Part 44 and
24 C.F.R . § 85 .26.
Lobbving 24 c.F.R. Part 87
No CDBG funds may be expended for lobbying purposes and
payments from other sources for l obbying must be disclosed.
Reliaious Oraanizations 24 C.F .R. ,§ 570 .50 3(b) (6)
Limitations anC conditions on the use of COB G funds by
religious organiz ations. See also 24 C.F.R. § 570.200 (j).
Re sident Aliens 24 C.F.R . § 570 .613
Newly legalized resident aliens are not eligible to apply
for CDBG fundeC d i rect benefits such as services, jobs and
housing rehabi l itation.
un ;=o::m Reloca tion Assista~ce
a~d Real Prooerty Acauisit~on
Policies Act (Uniform Act\ 24 C.F.R. § 570.606
Reauirernents for real property acquisition procedures and
benefits and servi ces that anyone displaced must receive .
Bond i na and Insurance 24 C.F .R. § 85.36(h)
Include with construction contracts with estimated cost of
$100,00 or more. Requires bid guarantees (5% o f the bid ),
performance bond (100% of the contract price) and payment
bond (100% o f t~e contract price). Where 0MB Circular
A-110 applies, see At tachment Band Attachment O, Par . 4 .c.
Labor Stand ards 24 C.F .R. § 57 0.603
In a ll c onstr uction contract s over $2,000 (except for
hou sing rehabi litation of properties containi ng less than 8
dwelling units )', Davis-Bacon Act and related labor standards
requiremen ts apply. Use current wage rat es applicable to
t he project and hcJD -4010 which includes all required
references. Se e al s o 24 C.F.R. § 65.36(i)(4 ), (5) and (6 )
or OHB Circula= A-1 1 0 Attacl1-'11ent O, Pars . 4 .e., f., and g.,
as a pplicable .
Deba==ed Contractors 24 C.F,R. § 570 .609
Prohibits use of debarred, susoended or ineligible
contractors or subrecipients 1n any c o ntract.
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E:n vi=onrnenta l 24 C.F.R . § 85.36(1)(12)
For all contracts and subcontracts over s100;000, include
compliance with standards, orders and requirements issued
under Section 306 of the Clean Air Act, Section 508 of the
Clean Water Act, Executive Order 11738 and ~nvironmental
Protection Agency regulations at 40 C.F.R . Part 15. Where
OM.S Circular A-110 app lie s, see Attachment O, Par. 4.j.
Flood I:,su rance 24 C.F.R. § 570.605
For acquisition rehabilitation , or construction in special
flood hazard areas (as deten:tined by FEM."-), property must
have flood insurance.
Enercv E:ficiencv 24 C.F .R. 85.36(1)(13)
Compliance with mandatory energy efficiency s ~andarjs and
policies in State energy conservation plan i ssued in
compliance with the Energy Polic y and ~onservation Act (Pub.
L. 94 -16 3). See alsv 24 C.F.R . Part 39 . There is no
equ ivalent provision in 0MB Circ,ilar h -110.
Lead-Based Pa int 24 :.l .R. § 570.608
Pr ohibits use of lead-based paint i n
Requi=es notification of occupants.
inspection, testing and abatement in
circumstances.
residential structures.
Provide s for
specified
Asbestos EPJ.'../r1S!i."-
Where asbestos is present in property undergoing
rehabilitation, Federal requirements apply regarding worker
exposu re , abatement procedures and disposal. See Notice
CP D-S 0 -44 for further details.
Title VI o:' the
Civil Riahts Act of 19 64 2 4 C.F.R . § 570.6 0l(a)
Comp liance with P.L. 88-352. Applies to all projec ts.
Prohibits discrimination on grounds o.: race, color or
national orig in . Covers both the delivery of, and the
pa rt :.cipation in, all CDBG prefects. :;e e a lso 24 C. F. R.
?a=t 1.
Fair ~ou s i :,o 24 C.F.R . § 57 0 .60l(b)
Ccm~l ~ance with The Fair Housin~ Act. Prohibits
~isCrimination on t he b~sis o f race, c olor, religion, sex ,
nctior.al o rigin, handicap or familial s tatus in all
activ:.cies inyolving th e sale0 :i::e3tjl o r financi ng of
h o usi:i\;, Public law90 -284 and E .. 1l b
Discriminat i on Prohibition 24 C.,.R. S 57 0.60 2
Un der provision of :~c~i~n lU9 of the HCD Ac t of 1974 , as •
run ended, discrLrnination is prohibited on the basis of race,
c olor, religion, national origin or sex . Also r efers to
discrimination on the basis of handicap and age .
Discrimination on t he Ba s is of
HanCicao 24 C.F .R. Part 8
Compliance with Sec . 504 requ i rements. Co vers prohibited
discrimination in employm ent, benefits a nd programs .
Establishes requirements for applying Uniform Federal
Accessibility Standards (UFAS) (see 24 C.F .R. Part 40 for
UFAS ) to cont=acts . Note that UFAS and • ANSI Standards"
differ i n L~port.ant respects.
Ace i sc=imination 24 C.F.R. Part 146
Covers prohibited discriminatio n by rec ipien ts and
subrecipients in all aspects o f ass isted programs.
Disc=i.m inat i on in Emolovmant 24 C.F.R. § 57 0.607(a )
For construction contracts over $1 0,000, prohibits
disc=i..~ination in employment by making Executive Order 11246
a ~C related pro ~isions applicable.
Emo lovment, Trainina and
Contrac tina Oooortuni ties 24 C.F:R. § 570.60 7(b)
Unde = provisions of Section 3 o f the Housina and Urban
Deve looment 2.ct of 1968, requires opportu nities for training
a nd e mployment of lower-income persons and op_-,ortunities for
contracting with local firms. Applies to all contracts.
¥.i nor ~~v Business Enterorise 24 C.F.R. § 85.36 ,e)
Cove=s required act ions by recipient and contractors to
secu=e participation of fi=ms owned and controlled by
n ~no =ities , women and re sidents of labor su=plus areas .
. ,.,:,ere 011B Circular A-110 app lies , see Attachme nt O,
?a=. 3 .c . (3 ).
Conp::..leC !)y :
Of::~ce o : Cormnunity Planni :i.g
a:-.C De velopment
Regio~ VIII (D e nver)
J une _9s1
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EXHIBITB • FORM13
PROJECT COSI'/FUNDING
COLUMN A COLUMN B COLUMN C COL UMN D
lud,u UM 1&1:1111 .nd Project ~TOl&IC~ofU.. Amoua o( CDIO Fund.I eu..r Fuod.t Commia.d (i f
Ac1.1vilin ban or Activi(y (Column C ...-applic.ali l•I
plu., CONfflD 0 )
A. Pn,jact Admini 11ntioo -
LiM by Pnoriry (apec ify line ...... )
?e.~sonnel Services 4 ,357 .00 ,273.00 3 2,08 4 .00
Cot!l:!.oditie" 3,040 .00 ;90 ,00 2 ,250.00
Office Suoplies
?r:.:tt!.ng / ... --
Fuels /~sc•Supp
C.:intractual Servic s I ,:.59,00 ! , !Si .00 9,2i:.oo
Accounting /Tech
!ravel /Cor.i /'.'!ile . ge
., .. ',/~ .. , ~c.-c:1 .:..--~a.• _....,..,~
AdtmninnUOn
Sub-.oul 56,.l56.00 13 ,250, 00 43 ,606.00 • 8 . Proje1:: Activiti u • Ust by
Priority (spcc ify u cb
obj~tivc}
D!.:ect !\ehab !-!onit r 40 ,00,1.00 40 ,000 .00 -o-
Rehab 15 units 298,327.00 i 3,327.00 125,000.00
t Activitiu
338 ,327 .oo 213 ,327 .oo )25 ,000.00 Subt.oUI
Admini 1tnuoa + Activiti u
TOTAL
395, 183,00 226 ,577 .00 168 ,606 .oo
• 17
EXHIBIT B
FORM13 • PROJE CT COST/FlJNDING
CO LUMN A COLUMN B CO LUMN C COLUMN D
Blad,u UDe licm. Uld ~ £aimaMld TCMI CCNI o ( UOI ~o(CDIGFudl Olhtr F11ndt Commi ll&d (I f
Activil.i u hem or Aclivi1y (Cohuna C .__. app liublc)
plu Column D)
A. Projccs Adminian.UOD -
U.by Priority (.pecifyWIC
itc ma)
Admininntioo
Subu:ut
B. ProjiDCtActi-,iuu -Ual by
Priority (spuify c.ar.b
objective, • Case Manageme ll t $ 14 ,000 $ 2 ,00 0 $ 12,000
C1: E..xpenses 3,000 2 ,000 l ,000
Contracted Servic s 12 ,000 6,000 6,000
I:i-Ki:i.d Contribut on 5,772 -o-.5, 772
Ho us i:ig As st Pmts 108,1 44 -0-108 ,144
Ac1ivitiu
$J b1ou l S1 42 ,91 6 S 10 ,000 S132 ,9 16
Admininnuon • Activi1i u $142,916 $10 ,000 $132 ,916
TOTAL
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ADDENDUH NO. 1
TO TBE COMM'CINITY DEVELOPMENT BLOCK GRANT AGREEMENT
This ADDENDUH NO. 1 modifies the Arapahoe County Community
Oev<llopme nt Block Grant Agr eement ("Agreement ") by and between
Arap ahoe County ("County") and the CITY OP ENGLEWOOD
("Subgrantee"), dated ________________ ,1995 .
WHEREAS, the Agreement (in Section III.H), requires that if any
Subgrantee project involves construction activities, then the
Contractor selected by the Subgrantee must provide and maintain
insurance in the amo un ts set forth therein; and
WHEREAS, pursuant to Section III . H.6, the Subgrantee desires that
the Cou nty waive a portion of the insurance requirements of Sect ion
III.Hof Agreement; and
• WHEREAS, the County agrees to the waiver as noted herein.
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NOW, THEREFORE IT IS AGF'.EED by the County and the Subgrantee as
follows:
1. The Subgrantee shall require its selected Contractor to
provide and maintain general l iability and property insurance
in an amount not less than $100,000 b y the Contractor and to
provide and maintain automob i le liability insurance and
workmen 's comp ensation insurance required by Colorado law .
Proof of such insurance shall be provided to the Subgrantee .
2. Th' Subgrantee and ~he Co unty rea ff irm the p r~visions of
Section III .F., concerning administration and i nde:.nnif i cation
concerning performan ce of the Agreement.
J . A)l other provisions of t he Aqreeme nt not inconsistent
with this Addendum No . 1 are reaffirmed .
In Witness Whereof, the Parties have caused th i s Addendum to b
duly e x ecuted this ____ day of _____________ , 1995 . •
ATTEST:
Date :
ATTEST :
Clerk to the Board
Date:
SUBGRANTEE:
BY: ____________ _
Title: ___________ _
BOARD OF COUNTY COMMI SSIONERS
ARAPAHOE COUNTY, COLORADO
Chairman •
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COUNCU. COMMUNICATION
DATE
April 3, 1995
INITlA TED BY:
Community Development
Department
AGENDA ITEM
1 0 a iv
SUBJECT Bill for an
Ordinance Executing an
Intergovr.rnmental Agree-
ment with Arapahoe County
for the 1995 Community
Dcvc)opment Block Grant
STAFF SOURCE:
Lee Merkel , Director
COJJNCIL GOAL AND PREVIOUS COUNCU. ACTION;
Passage of Ordinance No . 39 , Series of 1994 , and passage of Resolution No . 73, Series of
1994 , supporting Housing .
• ~MMENDED ACTION;
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Approve a Bill for an Ordinance authorizing the execution of au Intergovernmental Subgrantee
Agn-.ement for the 1995 Arapahoe County Community Development Block Grant program
between the Arapahoe County Board of County Commissioners and the City of Englewood.
BACKGROUND, ANALYSIS. AND ALTERNATIVES IDENTIFIED;
The Federal Community Development 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 a program developed by the local govern-
ment which is designed to give maximum priorit y to those activities which will benefit low and
moderate income families . Funds arc allocated by statutory formula to each entitlement area.
Arap;.hoe County is an approved entitlement area . The grant funds arc dis.ributcd on a for-
mula basis to participating cities within Arapahoe County .
i-nr FY 1995 , fu nds have been approved to support the City of Englewood's continuing
Housing Rehabilitation Project and to provide funds for Family Self Sufficiency sponsored by
the Englewood lf'lusing Authority with the following amounts:
1. S213 ,327 to monitor and to rehabilitate 15 low-income housing units scattered through
the Ci., .
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2.
3 .
$10,000 IL support Family Self Sufficiency .
$13,250 for aeneral administration.
TINANQAL IMPACT:
Toe City provides matching funds for staff necessary to administer the Housing Rehabllitat:on
Program.
LIST OF ATTAQIMENTSt
Bill for an Ordinance .