HomeMy WebLinkAbout1996 Ordinance No. 023.• . '
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OROINA.t'ICE NO)j
SERIES OF 1996
BY AUTHORITY
COUNCIL BILL NO. 26
INTRODUCED BY COUNCIL
MEMBER HABENICHT
AN O RD INANCE APPROVING AND AUTHOR IZI NG THE EXECUTION OF
INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS FOR THE 1996 ARAPAHOE
COUNTY COMMUNITY DEVELOPMENT BLO CK GRANT PROGRAM CONTINUING
RESOLUTION FUNDING BETWEEN THE ARAPAHOE BOARD OF COUNTY
COMMISSIONERS AND THE CITY OF ENGLEWOOD .
WHEREAS. the City Council approved the execution of an Intergovernmental Agreement
betwee n the City of Englewood and Arapahoe County by r,:.,a.•ge of Ordinance No. 39, Se ries
of 1994; and
WHEREAS, the Agreement related to t he con du ct of the Community Development Block
Grant Programs fo r Federal Fiscal Years 1995 through 1997 ; and
WHEREAS , the project by the City of Englewood known as the "Hous in g Rehabilitation
Project" has been categorized as a rehabilitation activity and the City of En glewood will
maintain documentation ..-ith the National Obj ective of Ho using Bene fit activities; and
WHEREAS, the project by the City of Englewood known as the Broadway Corridor
Improvements Project h as been categorized as a special act ivity fo r community-based
developm ent organizations ac tivity; an d
WHEREAS, the project by the City of Englewood known as the "En glewood Family Self
Sufficiency Program • has been <;a tegoriz ed as a public service activity; and
WHEREAS, the City of Englew,<>d may proceed to incur costs for these projects as of June I,
1996 unless such acceptance is ma ie contingent und er Section 11 -F .. Labor Standards, or
Section rt -G ., Environmental Revit.ws , as contain ed in the S ubgrantee Agreer-:"'nt, and
subject to th e City of Engl ewood re.-ei ving an offi cia l "No tice to Proceed" fr om n.. npaho e
Co unty;
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNC I L OF THE C ITY OF
ENGLEWOOD , COLORADO, THAT:
~. The Subgrantee Agree ments fo r the 1996 Arapahoe County Community
Developm ent Bl oc k Grnnt Program Conti nuing Resol ution Funding are hereby accepted
and approve d by the Engiewood City Council and the Mayo r is a uthorized to exec ute and the
City Clerk to attest and seal the Agreement fo r and on behalf of the City of Englewood
Sl:wlm..2. The S ubgrantee Agreement , fo r the 1996 Arapahoe Co unty Community
Development Bl ock G:-ant Program Continuing Resolution Funding are attached hereto as
Exhi bit A .
Si:d.ilm..a. The City Manager shall be authorized to further exte nd the Subgrantee
Agree ments For The 1996 Arapahoe County Community Development Block Grant Program
Continuing Resolution Funding as needed .
Introduced, read in full, and passed on fi rst reading on the 6th day of Moy, 1996 .
Published "" a Bill for on Ordinance on the 9th day of May, 1996.
Rend by title and passed on final reading on the 20th day of May, 1996 .
Published by title as Ordinance N& Series of 1996, on the 21rd day of May, 1996 .
I, Loucrislua A. Ellis , City Clerk of the City of Englewood , Colorado , hereby certi(y that
the above and foregoing is a true co p_.r ,of the Ordinance passed on final reading and ..,.,, ... ~ ... ti-~-'"""''""' "~_/J,j
Loucrishia A. Ellis
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SUBGRANTEE AGREEMENT FOR THE
1996 ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT ~OGRAM
CONTINUING RF.SOLl.mON FUNDING
This Agreement is mad e and executed this ---,,---,--day o f
, 1996 by and between th• Board o f County
~c_o_lllll~i-s_s_i~o-n_e_r_s __ o~f~th~-e~County of Arapahoe, State of Colorado, for the
Colllllunity Deve l opment Block Grant Program in the co,..unity Services
Department (hereinafter referred to as the county} and TB! CITY or
DGLDOOD, a municipality in Arapaho~ County (hereinafter referred to as
the SubGrantee} for the condu~t of a Commun ity Developm e nt Block Grant
(CDBG } Project for Program Year 1996.
I . PUllPOSI!
The primary ob j ective of Title I of the Housing and Community
Development Act of 1974, as amended, and of the Commun i ty Development
Block Grant (CDBG ·1 Program u nder this Title is the development of viable
urban communities, by providing decent housing and a suitable l iving
e nvironment and exp,,nding economic opportunities, principally for lo,:
and moderate income persons.
The project by TlfS CITY OF ENGLEWOOD known as the FAMILY SIJ LF-
SOFFICIENCY PROJECT (Project) has been categorized as a POllLIC SER,ICES
ACT-:vITY, and the SubGrantee will maintai1, documentation with the
DTI ON7'L OBJECTIVE of LIMITE~ CLil!liTELE BENEFIT activities.
The SubGrantee ma:, proceed to incur costs for tl:1e p ,·oj ect as of June l,
1996 unless made contingent under Section II·F ., r,~bor Standards, or
Section I I -G., Environmental ll eviews, !::'!low, and/or subject to the
SubGrantee receiving an official 'Notice to Proceed' from the county.
II. WORX TO BE COMPLETED BY THE SUB GRANTEE
The following prov isions outline the scope of the work to be comp leted:
Pro j ect will employ case manager t,;, provide service coordin.\tion, case
management, moni torir1g, and other surportive services to Englewood
Hous i ng Authority tenants in order to h~lp them ult im ately ach i eve self-
suffi ciency and f i nancial i ndependence.
:t is expressly agreed and un-ierstood thilt the tlltal amount t r: be
pa id by the Grantee u nder this contract shall not exceed $10,000.
Drawdowns for the payment of eligible expenses sha ll be ma de
agai.,st the line item budgets speci fi ed in attached Exhibit B
herein and accordance with per i ormance. Expenses for general
adainiatration ahall alao be paid aqainat the line it .. budgets
■pacified in Exhibit Band in accordance vith performance.
1. T:lAaliAe
Th• project'. will be completed by June l, 1997 unless this Agreement
is ■odi tiad by mutual agreement.
c. Pador■anc ■ criteria
Proj ~ct funding will accomplish the following:
Progra■ will employ case manager to provide supportive services tor
approximately JO Englewood Housing Authority tenants.
D. Reporting Requirement"
1 . Each SubGrantee Drawdown Request will include progress
reports for the period tor which payment is being
requested.
2. Quarterly project rep<lrts will be due within JO days
following the end of e.-ch quarter (March 31, June JO,
September JO, December Jl ) until the Project is
completed.
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4.
Final Repor t is d u e 45 days after completion of the
Project.
Annual and Audi's Reports -The official Annual Report and
Annual Aud i t !01 the SubG rantee in which both revenues
and expend i tures for the COBG Financial Projects
described herein are detailed. Due annually, not latar
than June JO of each year.
!. Labor Standarda (Davis-Bacon)
It is determi ned that ;
Project does not involve activiti es which require compliance with
federal labor standards.
r. Knvir0D111ental Reviews
Project has been determined to be an exempt activ ity, and no
environmental action is requi red.
III. RESPONSIBILITIES OP TBE SUBGRANTEE
~-Fed•ral Compliance
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Th& !;;..:,Grantee shall take all actions that are appropriate and
required of it to comply with the applicable provisions of the
grant ~q reements received from the U.S . Department of Housing and •
Urban Development (HUD) by the County. These include but are not
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li ■ited to compliance wi th the provisions ot the Houuing and
cc,mmunity Development Act ot 1974 (ACT) and all nules and
R'!'gulationa, guidelines, and circulars promulgated by the various
tederal departments, agencies, administrations and com■issions
ralating to the CDBG Program. i,.ore specitically, the SubGr~ntee
and the County shall each take ai.l required actions to comp ly with
the provisions of 24 CFR Part 57n, Title VI of the Civil Rights Act
of 1964, Title VIII ot t:he CivH Rights Act ot 1968, Section 104
(b) and 109 ot the Housing and Co111JDunity Development Act of 1974,
24 CfR Part 85, Subpart K ot HUD's Pnitorm Administrative
Requirement tor Grants and Cocperative Agreements, the regulations
applying to minority busineu. enterprise, 24 CFR 570.904, the lead
based paint. regulations 24 CfR 570.608 and 24 CFR 35, and with GMB
Circular A-87, Co st Princi'ples tor State and Local Governments.
Attached hereto as Exhibit A and incorporated herein by this
reference is a summary of provisions associated with the Community
Development Block Grant Program which shall be followed by the
SubGrantee unless it is determined to be inapplicable.
Additionally, in accordance with 24 CFR Part 570, no employee,
official, agent or consultant of the SubGrantee shall exercise any
function or responsibility in which a conflict of interest , real or
appare11 t , 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 PrograL1s. This
publ ;_cation is available in Arapahoe County through the Housing and
Coll1ll\unity De velopment Services Division.
B. supervision and Administrative Control
As to any projects conducted during Program Year 1996 , the
SubGrantee agrees, in accordance with Section III, paragraph A
above that the county shall have ult imate supervisory ar.d
admi nistrat ive responsibility, but the SubGrantee shall be
responsible for the expenditure of the funds allocated for its
projects or activities and for the construction or performance of
its projects or z.ctivities in compliance with all applicable
FederJl laws a nd requireme~ts re l ating to the CDBG Program .
c . N~n-Appropriations Clause
The SubGrantee agrees that it ••ill include i n every contract it
enters, which re lies upon CDBG monies for fund i ng , a non-
appropr iation clause that. will protect it-.elf and the County from
any liab ili ty or responsibility or any suit which might resu lt from
the discontinuance of CDBG funding for any reason. Because this
Subgrant ee Agreement involves funds from a federal grant, the
funding provisions of t his Subgrantee Agreement, the federal grant
and t~.e feder al statutes control rather than the provisions of
Sect .io n 24-91-103.6, C.R.S. wi th r egard to any public work
projects.
D. Expenditure Restrictions
Al l CDBG funds that are approved by HUD for e xpenditure under the
County's grant agreement , including those that are identif i ed tac
the SubGrantee's projects and activiti••• aball be allocated to tl:a
specific project» and activities described and listed in the grant
agreements. Tb• allocated funds ahall be used and expended only
tor the projects and activiti es for which the funds are identified .
11. Agz:eaaent Changes
No projects or activities, nor the amount allocated therefor, may
be changed without concurre nce by the County and acc~ptance of the
revised Final Statement and/or Consolidated Plnn by HUD, it
required. Changes Must be requested in writing and may not begin
until a modification to this Agreement is fully executed.
P, Direct Projects Supervision and Adalnistration
The SubGrantee shall be respor.sible !or the direct supervision and
administration of its respective projects or activities. This ta:,k
shall be accomplished through the use of the SubGrantee's staff ,
agency and employees. The SubGrantee shall be responsible for any
injury to persons or damage to property resulti ng from the
negligent acts or errors and omissions of its staff, agents and
employees. Subgrantee , within its legal ability to do so under the
Constit ution of the State of Colorado and its home-rule charter (i f
Contra~tor is a home-rule municipality ) and wi thout in any way or
aann .. r intending to waive or waiving the defenses or limitations on
damages provided for under and pUl=suant to the Colorado
Governmental Immunity Act (Sec. 24-10-lOl , et seq . C.R.S .), the
Co l orado Constitution, its home-rule charter or under the comm o n •
law or the laws of the Un ited States or the State o f Colorado ,
shall indemnify and save harmless the County against any and a ll
damages which ,,re recovered under the Colorado Governmenta l
!Jlmunity Act and reduced to final judgement in a court of competent
jurisdiction by reason of any negligent act or omission by
Subgrantee, it5 agents , offtcers, or employees, in connection witn
the performanca of this contract.
G. Indemnity
Be c 3use the SubGrantee i s responsible for the direct supervi sion
and administrati on of its projects or activi ies, the County shall
not b e li~ble or responsible for cost overruns by the SubGrantee on
a ny p .·:, -.cts or activ i t i es. The County shall have no duty or
obligath , to provide any additional funding to the SubGrantee i f
its projects or activities cannot be completed with the funds
allocated by the County to the SubGrantee . Any cost overruns shall
be the sole respons i bi l ity of the SubGrantee .
l. The SubGrantee a g r ees that a .l l funds allocated t o it f or
an ~pproved proj ects or act i v i ties shall be us ed sole l y
fr,·r the p·~rposes a pproved by the County. Sa i d f un ds
,h a!l not be used f or a ny no n-approved purposes .
2. Th e SubGrantee agrees that t he f unds allocated for any
approv ed projects or a ctivities shal l be suf f i cient t o •
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co■pl•t• aaid ~ ect• or activiti•• ~ithout any
additio"Al CDBG tunu ing •
I! the SubGrant••'s projects involves construction activities, any
Contractor it uses tor sa i d act i vities ahall be required to provide
and aaintain, until final acceptance by the SubGrantee of all work
by such Contractor, the kinds and minimllll amounts of insurance as
follows:
1. Comprehensive General Liability: In the amount or not
less than $600,000 combined single limit. Coverage to
incl•!de:
2.
a. Premises Operations
b. Products/Completed Operations
c. Broad Form contractual Liability
d. Independent Contractors
e. Broad Form Propert.y Damage
r. Employees as Additional Insured
g. Personal Injury
h. Arapahoe Co un ty and the SubGrantee us Additional
Named Insure d
i. Waiver of Subrogation
Comprehensiv,. Automobile Liat,ility: In the amount of not
less than $600,000 combined single limit for bodily
injury and property damage. Coverage to i nclude:
a. Arapahoe County and the SubGrantee as additional
Named Insured
b . Waiver of Subrogation
3. Employei:<; Liability and Workers Compensation: The
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Contractor shall secure and maintain employe.r's liability
and Worker's Compensation Insurance that will protect it
against any and all claims resulting ·from injuries to and
deatr. of workers engaged in work under any contract
funde1 pursuant to this agreement. Coverage to include :
a . Waiver of Subrogation
Additional Named Insured: All re ferenced
policies and /o r certificates of insurance
subject to the foll owing stipulations:
insurance
shall be
a . Underwriters shall have no rights of recovery
subrogation against Arc.pahoe County or the
subGrantee; it being the intent of the parties that
the insurance policies so effected shall protect
the parties and be primary coverage for any and all
losses cc·•ered by the described insurance .
b, Th• clause ent itled •other Ina=a nce Provisions•
contained in any policy including Arapahoe county
as an add i tional naaed insured shall not apply to •
Arapahoe County or the SubGrantee.
c. The insurance companies iss·.iing the policy or
policie,o shall have no recourne against Arapahoe
County or the SubGrantee !or paY111ar,t o! any
preaiums due or tor any assessments under any !orm
o! any policy .
d. 1.ny and all deduotibles contained in any ins11::ance
policy shall be assumed by and at the sol~ cisk o!
the Contractor.
5. Certif i cate of Insurance: The Contractor !,hall not
commence work under any contract funded pursuant to this
agreeJDent until b -, has submitted to the SubGrantee,
received approval thereo!, carti!icates o! insurance
showing that he has compl ied with the foregoing insurance
requirements. The SubGrantae shall also submit a copy of
the Contractor's certificates of i nsurance to the County.
6 . Notwithstanding the provisions contained in this
paragraph (H) set forth hera i nabove , the County reserves
the r l ght to mod ify or wa ive said provisions tor projects
or activities for which these provisions would prove
prohibitive. The SubGrantee understands, however, that •
the decision to waive or modify those provisions is fully
within the discret i on of the County .
I. Records
Th e SubGrantee shall ma i nta in a complete set of books and records
documenting its use of CDBG funds and its supervi sion and
administration of the projects. The SubGrantee shall provide full
access to these books and records to the County, the Secretary of
HUD or his designee, the Offic e of Inspector General, and the
General Accounting Office so that compliance with Federal laws and
regulations aay be confirmed. The SubGrantee fur ther agrees to
provide to the Co unty upon request, a copy ot any audit reports
pertaining t o the Su bGrantee 's financial opera tions during the term
of this agreement .
J. Reporting
The SubGr antee s ha ll file all reports and other information
necessary to c omply with applicable Fed e ral laws and regulations as
required by the County and HUD. This shall include providing t o
the County the information nec essary to c omp lete the Grantee
Performance Reports in a timel y fashion.
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Tb• SWIGrant•• ha• ■ubaittlld to th•• Cc;,unty, along with it ■
proposal, a dascription ot th• work to ba par!ormad, a budgat, and
a tiaatabl• d ■lin ■ating th• l ■ngth ot t i•• n■ac:l ■d tor aacb project
pha ■a, it applicabla , through th ■ complation ot th• proj ■ct ■. Th■
SubGrantee shall comply with tim ■table tor compl■tion ot th■
proj ■cts. The SubGrante ■ understands that failur ■ to comply with
the ti.iaetabl• may lead to a cancellation of the projects and a loss
or all unaxp nded tunds , u~less the County detarmines that there
ar ■ a >c tenuati g circumstancl!s be)'ond the SubGrantee•s control and
that the projects will proce,,d ,;ithin a reasonable length of time.
The timetable's impleme ~r~tijn shall beg in when the County pr~vides
written notification tc the SubGrantee to proceed .
L. RailaJ>ursaant for bpansas
The SubGrantee agrees that before the county can distribute any
CDBG funds to it, the SubGrantee must submit to the County• s
Housing and Commun ity Development Services Division documentation
in the farm required by that Division which properly and tully
identifie s the amount which the SubGrante,, is requesting at that
time. The County shall have ten (10) wor~ing days to review the
request. Upon approva l of the request, the County will distribute
the requested funds to the SubGrantee or d irectly to the
a ppropriate subcontractor or vendo r as soon as possible .
X. Progr .. Ince••
All program income deriv1:d from the Arapahoe Cou nty Community
Development Block Grant Program received by the SubGrantee wi l l be
retained by the SubGra ntee and wil l be dispe rsed for its approved
CDBG project activitie~ before add i tiona l CDBG funds are requested
from the County . Foll ,.dng c ompletion of the SubGrantee • s Ai:11pahoe
County CDBG Project~, all program income directly generated from
the us.e of COBG f unds will be remitted to the Coun t y.
H. Asset llllnagement
Any single parcel of rea l prcperty under the SubG rantee •s contro l
that was acquired or improved in whole or in part with CDBG funds
in excess of $25,000 will either :
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Be used for an el igible CDBG activity, as detern_,ed by
the County, f or a minimum of five (5) yea rs foll owing
c ompletion of the SubG rantee's projects ;
2. Be disposed of in a manner that results in the county's
being re imbursed in the amo unt of the current fa ir market
value of the property less any portion of the value
attributable to expenditures of non-CDBG funds for
acquisition o f, or improvements to , the property.
Reimbursement i s not requir ed a fter five (5) years
following co~pletion of t he SubG ran tee•s projects.
O. State and Coun ty Law Compliance
All rasponaibiliti•• of the subGrentM enuaerated herain ahall be
subject to applicabla State atatut•• and Cnunty nrdinancea, •
r .. olutiona, rulas, a~d ragulationa.
P. lblvi.ro-•ntal ;,,,.,•i•"
Th• ~.ibGrantae agrnes that no CDBG fund• will be lagally obligated
to any project activity befor• the County ha• completed the
enviromaental review procedures, as required by 24 Cl"R Part 58 .
Q. Subcontracts
If subcontracts are used on the projects, the SubGrantee agrees
that the provisions of this a greement ahall apply to any
subcontract .
R. SUSpension or Termination
This agreement may be suspended or terminated by the County if the
SubGrantee materially fails to comply with any term of this
agreement. This agreement may also be terminated for convenience
by mutual agreement of the County and lhe SubGrantee.
s. I n the event that the Unit of ~eneral Local Government should
withdraw from the County's "Urba"I County" designation, this
agreement sh.~11 terminate as of the termination date of the
County 's CDBG grant agreement with HUD.
T. The SubGrantee ,certifies that to the best of its knowledge and •
belief:
l. No F,oder~l appropriated funds have been paid or will be
paid, by or on behalf of i t, to any person for
influr,ncing or attempting to influence an officer or
emplo:(ee of any a.gency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of
congress in connection with the awa rd ing of any Federal
contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative
agreement, and tlie extens ion, continuation, renewal,
amendment, or modification cf any Federal contract ,
grant, loan, or cooperative agreement; and,
2. If any funds other than Federal appropriated funds have
been paid or wil: be paid to any person for influencing
or attempting to influence an off ic~r or employee of any
agency, a Member of Congr·ess , an officer or employee of
congress, or an employee of a Member of Congress in
connection with this Feder.al contract, grant, loan , or
cooperative agreement, it will :omplete and submit
Standard Form-LLL , "Disclosure Form to Report Lobbying,"
in accordance with its instructions.
u. Disal t ovance •
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Ir it 1a detu,ained by H11D or nther rederal agency tbct th~
expenditure, in whole or in part, for th• SubGrant••'• project• or
activity was iaproper, inappropriate or ineligible tor
reimbursement, then th• SubGrantaa shall reimburse th• County to
the full extant of the disallowance.
USPOHSIBILITIBS OP '1'IU! COOll'l'Y
A. Legal Liability and Reaponaibility
The Parties recognize and understand that the County will be the
governmental entity required to execute all grant agreements
received from HUD pursuant to the County's requests for COBG funds
and that it will thereby become and will be held by HUD to be
l egally liable and responsible for the overall administration and
performance ol the COBG programs, including the projects or
activities to be conducted by the SubGrantee. Accordingly, the
SubGrantee agrees that as to its projects or activities performed
or conducted under any COBG agreement, the County shall have the
necessary administrativo. control required to meet HUD requirements.
B. Performance and coapliance Monitoring
The county's supervisory and administrative obligations to the
SubGrantee pursuant to paragraph A above shall be limit~d to the
performance of the administrative tasks necessary to make COBG
funds available to the SubGrantee and to provide a Monitor.i.ng
Specialist whose job it will be to monitor the various projects
funded with COBG monies to ensure that they com p l y with applicable
Federal laws and regulations.
c. Reporting to HUD
The county will be responsible for confirming the compliance of the
SubGrantee's projects wi th applicable Federal laws and regulations.
The county will further be respons :~le for seeing that all
necessary reports and infc .-mat ion, including the Gr3ntee
Performance Reports, are filed with HUD and other applic:able
Federal agencies in a time ly fashion .
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In Witn••• 'Nl\ereot, th• Parti•• have caused thia aqr-ent to be duly
executed thia ___ day ot
Witness:
Attest:
Clerk to the Board
Donetta Dav i dson
----------' 1996, •
Subgrantae: __ ~Cui~t~yt.-'o~c.__~E~n~q~l~•~w~o~od.,._ __ _;_;_...:... <,>~< By: ______________ ~....,.~
Title: ________________ _
Board ot County commissioners
~apahoe County, Colorado
Polly Page, Chairman
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COMMUNITY DEVELOPMENT BLOC!'( GRANT PROGRAM
CONTRACT CLAUSES
Scope of we ,;I< 24 C.F .R. S 570.503(b)(l)
Should be c l ear, quant ified, with performance criteria bu ilt
in. Performance to include accomplishment of the product,
method of accomplishment, timing, milestones and personnel
assigned . There should be a very specific budget, organized
b y task as we ll as l ine item .
Contract Administ ra tion 24 C .F.R. S 85.36(b)(ll)
Procedures regarding al l contra ctual and administrative
issues. This must include procedures for changing the
scope, specif ications, budget, or other provi~ions. Where
O~.B Circular A-11 0 appl ies , see Attachmen t O, Par. 3 .c.(9).
Unifor:n Adm i nistration 24 C.F.R. S 570 .502
Compliance with the requirements of 24 C.F .R . Part 85 ,
sometimes referred to as the •common Rule .• Applicable to
grantees and subrecipients that are governmental enti tie:; .
Subrecipients that are not governmental enti ties must comp ly
with specified Attachments to 0.l!B Circular A-110 .
Cost Prine .~.§. 24 C .F .R. S 5 7 0 .502
Conipliance wi th the provisions of 0MB Circular A-87 or
A-J 22, as applicable .
Conf l ict 0 1'. Interest 24 C.F.R. § 570.611
No employee , officer ,,r agent , '. the subgrantee shall
pa r ticipate in selection , or in the award or adm inistration
o f a contract if a conf lict of i nterest, real o r apparent,
would be involved. See a lso 24 C.F.R. S BS .36(b)(3) or 0MB
Circular A-110, Attachment O, Par. 3.a., as applicable .
Recordkeeoi ng 24 C.F .R. § 570.50 3 (b )(2)
Oascribe rec ords that must be mainta ine d, including
eligibility , na tio nal ob!ectives, f i nanc~al, equal
oppo.tunity, etc. See a l s o 24 C .F .R. S 570.506 .
RtP9rt:ina Rtsruiaments 24 C.1!'.R. S 570.SOJ(b) (2)
Descri be all reporting requirements necessary to verify
accompl i shment toward meeting the project scope and to
cl~monstrate compliance with other requirements . See also
24 C.F .R. S 85 .36(i)(7) or 0MB Circular A-110, Attachment H,
as applicable.
iAllr!ts and Coovtights 24 C.F.R. S 85.36(1)(8) & (9)
tnclude any applicable provisions ngarding rights to
patented inventlons and copyrighted material resulting from
t.he CDBG contract. Where 0MB circula.r A-l l.O applies, see
Attachm ent 0, Par . 4.h .
Acc:·ess to Records 24 C.F.R. S 85.36(i)(l0)
Access by city/county, Comptroller General, s~~retary of HUD
a.nd their representatives, to any records relating to the
project. WhP.=e 0MB Circular A-110 applies , see
Attachment Ci, Pa..r. 4. i .
Rete n tion of Records 24 c.r.R. S 85.36(i)(ll)
All records relating to the project must be retained three
years after project audit/close out . Where 0MB Circular
A-110 appli"s, see Attachment C.
Program Income 24 ::.F.R. S 570.503(b(3)
Description of all ',IUidance on the disposition and use of
program inc ome . $ea also H C.F .!.. SS 570.500(a) and
570.504
Revers i on of Assets 24 C.F .R . S 5 70 .SOJ(b)(S)
Pro v is ions rega::di ng the return of excess funds anrl.
requirements regardjng the post-closeout use ot real
pro per~y a cquired or improved with CDBG funds.
Btea ch o f Contra c t 24 C.F .R. S 85 .36(i )(l)
Admin istra tive, cont ractua l and legal remedies in in s tancr:!s
o~ b r e a ch o f c ontract , i ncludin·g sancti ons and penalties.
Whe r e 0MB Ci r c ular A-l.10 applies, see At t achment O,
Par. 4. a .
Termination 24 . C.F .R. S 85 .36 (i )(2 )
Fo r all contracts i n excess of $10,000, description of ho w
and under what ci r cumstances~ co ntrac~ may be t erminated
for cau ·.se a nd for c onven i enc e, inc luding t he b a sis f or
settle rrent. Where OIG Circul a r A-110 a?plies, see
Attachm~nt 0, Par. 4 .b.
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Al!.fil 24 C,F ,R. S 570.502
Compliance with 0MB Circular A-128 {Stata and local
governments) or A-133 (Nonpr.ofits and higher education
instituti ons). See also 24 C,F,R. Part 44 and
24 C.F.R. S 85.26 .
Lobbyi_ng 24 C,F.R. Part C7
No CDBG funds n,ay be expended for lobbying purposes and
payments from other sources for lobbying must be d isclosed .
Religious organizations 24 C.F.R , S 570 .503(b) (6)
Limitations and conditions on the use of COBG funds by
reli g ious organizat ions. See also 24 C .F.R . S 570 .200(j).
Resident A.liens 24 C.F.R. S 570.613
Newly l egalized res ident aliens are not eligible to apply
for CD BG funded d irect benefits such as services, jobs a nd
housing rehabilitation.
Uniform Relocation Assistance
and Rea l Property Acg11i sition
Policies Ac t {Un i forJ!,..J'&ll 2~ C.F.R. S 5 70 .606
Requ irements fo.t real property acqui.sitic:,. procedures and
benefits and se>.~·ices that anyone displaced must racaive.
ll2illU-ng and Insurance 24 C.F.R. S 85 .36(h )
I nclude with construc tion contracts with estimated cost of
$100 ,00 or more . Requires bid guarantees (5\ of the bid),
performance bond (1 00\ of the contract price) a nd payment
bond (100\ of the contract price). Where 0MB Circular
A-1 10 applies, see Attachment Band Attachment O, Par . 4.c.
Labor Standards 24 C.F.R. S 570.6 0 3
In all construc t ion contract s over $2,000 (except for
housing re hab ilitation of properties containing les -than 8
dwelling un its), Davis-Bacon Act and related labor standards
requ ire me nts apply. Use current wage ra tes a pplicable to
the pro j ect and HUD -4 010 which includes all required
refere nces. See also 24 C.F.R. S 85.3 6(i)(4), (5 ) and (6)
or OM.B Circular A-110 Attac hment O, Pars. 4 .e ., f., and g .,
as appli c able.
Debarred (o ntcactors 24 C.F.R . S 5 70.609
Prohibits u se of debarred , sus ~ended or ine ligible
con:=accors ar subrecipie nts in any contract .
Environmental 24 C.F .R. S 85.36(i)(l2)
For all contracts and subcontracu over $lOO;ooo, include
compliance with standards, order~ and requirements issued
under Section 306 of the Clean Air Act, Section 508 of the
Clean Water Act, Executive Order 11738 and environmental
Pro~ection Agency regulations at 40 C.F.R. Part 15. Where
OH.B Circular A-110 applies, see Attachment O, Par. 4.j.
f l ood Insu ra nce 24 C.F.R. S 570.605
For acquisition rehabilitation , or construction in spectal
flood haza~d areas (as determined by FEMA ), property must
have fJ ood i 'iurance.
Energy Efficiencv 24 C,F.R . 85 .36(i)(l3)
Compliance with mandatory energy efficiency stnnda.rds and
policies in State energy conservation plan issued in
comp liance with the Energy Policy and Conservation Act (Pub .
L, 94-163). See also 24 C.F .R, Part 39. There i• no
equivalent provision in OMS Ci rcular A-110.
Lead-Based Paint 24 C.F.R. S 570.608
Prohibits use of lead-based paint in
Requires notification of occupants.
inspection, testing and abatement in
circumstances ..
residential structures.
Provides for
specified
Asbestos EPA/OSHA
Where asbestos is present in property undergoing
rehabilitation, Federal requirements apply regarding worker
exposure, abatement procedures and disposal . See Notice
CP~-90-44 for further details.
Title VI of the
Ci•,il Rights Act of 1964 24 C.F.R. S 570.60l(a)
Compliance with P.L. 88-352. Applies to all project~.
Prohibits d i scrimination on grounds of race, color r,r
national origin . Covers both the d e livery of , and the
participatio n in, al l CDBG pro j ects . See also 24 C . F. R.
Part l.
Fa;.; Housing 24 C.F.R. S 570 .60l(b)
Compliance w ith The f :1ir Housing Act . P::-ohibits
d i scriminat ion on the basis of race, color, religion , sex,
national origin, ha~dicap or familial status in a l l
ac tivi ties involving the sa le, ~''i8~fl or financing of
housing. Pub l I c 1 aw9 0 -284 and £ .u . I b
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Discrimication Prohibition 24 c.r.R. s 510.602
Under provision of Section 109 of tbe HCD Aet of 1974, as
amended, discrimination is prohibited on the basis of race,
color, religion, national origin or sex. Also refers to
discrimination on the basis of handicap and age.
Qiscrimin4tion on the eas1s ot
Handicap 24 C.P .R. Part 8
Compliance with Sec. 504 requirements . Covers prohibited
discr i mination in employment, benefits and progr11111s.
Establ ishes requirements for applying Uniform Federal
Access i bility Standa~ds (UFAS) (see 24 C.F.R. Part 40 for
UFAS ) to contracts. Note that UFAS and•; ~SI Standards"
dif f er i n important respects.
Aae Di scrimination 24 C .F.R . Part 146
Covers prohibited d i scrimination by recipients and
subrecipients in all aspects of assisted programs.
Discrimina tion in EmplQm.GJ. 24 C.F.R. S 570.60 7 (a)
For construction contracts over $10,000, prohibits
discrimination in employment by making Executive Order 11246
and related provisions applicable .
Employment. Tra 'ninq and
Contracting Oooortunities 24 C.F.R. S 570.607(b)
Under provisions of Section 3 of the Housing and Ur~
Qevelopment act of 1968, requires opportunities for training
and employm••nt of lower-income persons and opportunities for
contracting with local firms . Applies to all contracts .
~r.i ty Busc ne s s En t erpri se 24 C.F.R. S 85 .36 (e )
Covers required actions by recipient and contractors to
secure partic ipation of f i rms owned and controlled by
mi nor i t i es, women and res i d e nt s of labor surplus areas .
Wh ere 0MB Ci rcular A-1 10 a pp l ies, s ee Attachment O,
Par . 3 .c .(3 ).
Complled by:
Office o: Community Planning
and Oeveloome n t
Reg l on VIII (Oe;v e r )
June 199 1
COLl1MN A _u.._ .. .....,.
Actm&iM .._,.._. __
Llabyl'riorilr (,...U,• .... ) --
Ad.miaillnuN .......
B. Pn:i;.a AdMlia · Ua by
Priori<y (.-,;ry-
o0j,<1M) Cu,-I c.........,._. "-""-
Activiua -Ad~-+Actmua
TOTAL
EXHIBIT B
PROJECT BUDGET
COLUMN B COLUMN C
..._,. T .... Cool o(U.. -'--ofCDIO~
--•MIMtyCC...C --,-c.,.-D)
"'' .,,
"'' "''
11 ,000 l.000
1,000 1,000
10,000 T,000
29,000 10.000
29 ,000 10 .000
~-,ynJ JO. /9916
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COLUMN D
°'""""""'C.-(of ......... )
.,,
"''
16,000 • 0
l,000
19 ,000
19 ,000
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SUBGRANTEE AGREEMENT FOR THE
1996 ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CONTINUING RESOLUI'ION FUNDING
This Agreement is made and executed this --~-~-day of
, 1996 by and between the Board of County
"'c""o""llllll-,i_s_s_i_o_n_e_r_s __ c""'t,......tb=-e--=c:county of Arapahoe, State of Colorado, fur the
Collllllunity Oevelopri!ent Block Grant Program in tbe Collllllunity Services
Department (hereinafter referred to as the county) and TD CITY or
DGLDOOD, a municipality in Arapahoe County (hereinafter referred to as
the SubGrantae) for the conduct of a Community Development Block Grant
(CDBG) Project for Program Year 1996.
I. PUJlPOSE
The primary objective of Title I of the Housing and Community
Development Act cf 1974, as .ui,mded , and of the commun ity Development
Block Grant (CDBG) Frog~am under th is Title is the development of viable
urban communities, by providing dec ent housing and a sui ta!:-le living
environm ent and expand ing econom ic opportunities , princi pally tor low
and moderate income persons.
The pro j ect by THE CITY OP !!NGLffOOD known as the HOlJSilfG REHABILITATION
PROJIICT (Project) has been categorized as a RmDJIILITATION ACTIVITY, and
tbe SubGrantee will maintain documentation with the IIATIOIIAL OBJBCTIVl!
of HOUSilfG Bl!NEPIT activities.
Th e SubGrantee may proceed to incur costs for the project as of June l,
1996 unless made contingent under 3ection II-F., Labor Standards, or
Section II-G., Environmental Reviews, below, and/or subject t o the
~·.s>Grantee receiving an official 'Notice to Proceed' fro~ tha County.
II. WOR.lt TO BE COMPLETED BY THB SlJBGRAHTEE
The following provis i ons outline the scope ot the work to be completed:
Project will improve City's existing housing stock by providing low
interest loans and grants to low-income homao.-ners for tie purpose of
s i ng le family housing rehabilitation.
A. Paytient
It is expressly agreed and understood that the tota l amount to be
pa id by the Grantee under this contract shal l not exceed $78 ,595.
Drawdowns tor the payment of eligible expenses shall be made
against the line item budgets specif ied in attached Exhibit B
herein and accordance wi th performance . Expenses for gener al
administration shall also be paid against the line item budgets
specif ied in Exhibit Band in accor dance with per fo rmance .
•• 'l'iaal.111•
Tb• projact vill ba co■pletad by June l, 1997 u.nlH ■ this Agreement •
is modified by mutual ac;z a;ment.
c. Pvro~nce criteria
Project funding will accomplish th• following:
Provide loans and grants to Englewood homeowners for housing
rehabilitation.
D. r.c.i)Orting aaquir-ent ■
1. Each SubGrantee Drawdown Request will include progress
reports for the period for which payment is being
requested .
2. Quarterly project reports will be due within 30 days
following the end of ea,:h quarter (March 31, ,Tune 30,
Septa■bar 30, Decemb6r 31) until the Pruject is
completed .
3 . Final Report is c.'.ie 45 days after completion of the
Project.
4. Annual and Audit Reports -'i he official Annual Report and
Annual Audit for the SubGrantae in which both revenues
and expenditures for the CDBG Financial Projecu •
described herein are detailed . Due annually, not later
than June 30 of each year.
•· Lal:>or st..ondards (O.vis-Bacon)
It is determine<i c.hat:
Project does not involve activities which require compliance with
federal labor standards.
r. Bnvironmantal Reviews
Site-spacific environmental reviews must be performed prior to
issuing a contractor notice to proceed for each home rehat.ilitated.
III. RESPONSIBILITIES OP TBE SUBGR.ANTEE
A, redaral compliance
The SubGrGn tee sha ll take all actions that are appropriate and
req·~ired of it to c omply with the applicable provisions of the
grant agreements received from the U.S. Department of Housing and
Urban Development (HUD) by the County . These include but are not
limited to compliance with the provisions of the Housing and
Community Cevelopment Act of 1974 (ACT) and all Rules and
Regulat ions, guidelines and circulars promulgated by the various •
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f..Seral departaenta, agencies, administration• and c0-iaai01111
relating to the CDIIG Program. Nara specifically, the SWIGrant"'"
and th• county Mall each take all required actions to comply wit
the provJalons of 24 CFR Part 570, Title VI of the Civil Rights Act
of 1964, title VIII of the Civil Rights Act of 1968, Section 104
(b ) and 109 ot th• Housing and Co1111Dunity Development Act of 1974,
24 CFR Part 85, Subpart K of HUD's Onitorm Administrative
Requirement tor Grants and Cooperati ve Agreements, the ragulation•-
applying to minority busin••• enterprise, 24 CFR 570.904, the lead
based paint regulations 24 CFR 570.608 and 24 CFR 35, and with 0KB
Circular A-87, Cost Principles for State ~nd Local Goverru:ients.
Attached hereto as Exhibit h and incorporated herein by this
reference is a summary of pro·.isions associated with the Community
Development Block Grant Program which shall be followed by the
SubGrantea unless it is determined to be inapplicable .
Additionally, in accordance with 24 CFR Part 570, no employee,
otti~ial, agent or consultant of the SubGrantee shall exercise any
function or responsibility in which a conflict of interest, real or
apparent, would arise. The Subgrantee cannot engage in~ federally
funded contract with any entity registered in the Lists of Parties
Excluded From Federal Procurement or Nonprocurement Programs . This
publication i s available in Arapahoe County through the Housing and
Community Development Services Divis ion.
B. supervision and Administrative control
As to any projects conducted during Program Year 1996, the
SubGrantee agree,;, in accordance with Secti on III, paragraph A
above that the County shall have ultimate supervisory and
administrative responsibili~y, but the SubGrantee shall be
r!!sponsible for the expenditure of the funds allocated for its
projects or activities and for the construction or performance of
its projects or activities in compliance with all applicabl e
Federal laws and requirements relat i ng to the CDBG Program.
c . Non-Appropriations Clause
The SubGrantee agrees that it will include in every contract it
enters , which relies upon COBG monies for funding, a non-
appropriation clause that wil l protect itself and the County from
any liability or resp~nsibility or any suit which might result from
the d i scontinuance of CDBG funding for any reason. Because this
S•.lbgrantee Agreement involves funds from a f.ederal grant , the
funding prov isions o f this Subgrantee Agreement, the federal grant
and the federal statutes control rather t h an the provis i ons of
Section 24-g l-lOJ.6 , C.R.S . with regard to any public work
projects .
D. Expenditure Restrictions
All CDBG funds that are approved by HUD for expenditure under the
County 's grant agreement, inc l uding those that are identified for
the SubGrantee•s pro jects and activities, shall be allocated t o the
specifi c projects a nd activities described and listed in the grant
agr•-•nts. Th• a :u.ocated funds ■hall be used and axpended only
for the p1·ojacts and ac't:.,viti ■• for which the funds ar• identitiad •
S. &qra-t C!lanqH
No projects or activities, nor the amount allocated therefor, may
b• changed without concurrence by th• County and acceptance of the
revised Final Statament and/or Con solidated Plan by HUD, if
requirad. Chang•• mu ■t be raquastad in writing and aay not begin
until a modification to this Agraemant is fully executed.
r. Diraot rrojaota supervision aad Adaiaistratioa
Tha SubGrantae shall be responsible for the dirmct supervision and
administr a tion of its respective projects or activities. This task
shall be accomplished through the use of the SubGrantee'a staff,
agency and employees. The SubGrantee shall be raaponsibla for any
injury to persons or damage to property resulting from the
negligent acts or errors and omissions of its staff, agents and
employres. Subgrantee, within its legal ability to do so unJer the
Constitution of the State of Colorado and its home-rule charter (if
Contractor is a home-rule municipality) and without in any way or
manner intending to waive or waiving the defenses or limitations on
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
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law or the l .;.ws of the United States or the State of Colorado,
shall indemnify and save harmless the County against any and all
damages vhich are recovered under the Colorado Governmental •
Immun\ty Act and r.aduced to final judgement in a court of competent
jurisdiction by reason of any negligent act or omission by
Subgrantee , its agents , off icers, or employees, in connection with
the perfor111ance of this contract .
G. Iadeani ty
Because the SubGrantee is responsible for the di rect supervision
and administracion of its projects or activities, the County shall
not be liable or responsible for cost overruns by the SubGrantee on
any projects or activities. The County shall have no duty or
obligation to provide any additional funding to the Sur.Grantee if
its projects or activities cannot be completed with the funds
allocated by the County to the SubGrantee. Any cost overruns shall
be the sole responsibility of the SubGrantee.
1. The SubGrantee agrees that all funds allocated to it for
an approved pro jects or activities shall be used solely
for the purposes approved by the County. Said funds
shal l not be used for any non-approved purposes .
2. The SubGrantee agrees that the funds allocated for an y
approved projects or activ ities shall be s u fficient t o
complete said projects or activities without any
additional CDBG funding.
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It the SubGrant••'• project. involvaa construction activities, any
Contractor it ua ■a tor aaid activiti ■a shall be required to provide
and aaint:ain, until final ac,c ■ptanc ■ by th ■ SubGrantae ot all work
by auch Contractor, th ■ kinds and •inimllll amount• ot insurance as
tollova:
1 . Comprah ■nsiva General Liability: In th ■ amount of not
less than $600,000 combined single limit. coverage to
include:
a. Premises Operations
b. Products/Completed Operations
c. Broad Form contractual Liabil ity
d. Independent Contractors
e. Broad Form Property Damage
t. Employees as Additional Insured
g. Personal Injury
b . Arapahoe County and the SubGrantee as Add i t ional
Named Insured
i. Waiv"r of Subrogation
2 . Comprehensive Automobile Liability: In the amount of not
less than $600 ,000 comb ined single limit f or bodily
injury and property damage. coverage to inclnde:
a.
b.
Arapahoe County and the SubGrantee as additional
Named Insured
Waiver of Subrogation
3 . Employers Liability and Workers Compensation: The
Contractor shall secure and maintain employer's liability
and Worker's Compensation Insurance ':hat will protect it
against any and all claims resulting from injuries to and
death of workers engaged in work under any contract
funded pursuant to this agreement. Coverage to include:
4.
a. Waiver of Subrogation
Additicnal Named Insured: All referenced
policies and/or certificates of insurance
subject to the following stipulations:
insurance
shall be
a. Underwr i ters shal l have no rights of recovery
subrogation against Arapahoe County or the
SubGrantee; it being the intent of the parti es that
the insurance policies so effected shall protect
the parties a nd be prima::-y cov·erage for any and all
losses covered by the described insurance.
b. The cla use entit led "Other Insurance Provis i ons"
contained in any policy including Arapahoe County
as an add itior \l named insurE,d shall not apply to
Arapahoe Count) or the SubGrantee .
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c. Th• insurance compani•• issuing the policy or
policies shall have no recourse against Arapaho•
count)( or th• SubGrant•• tor pay-sent of. any •
pr .. iwu due or tor any asses1111ents under anr form
of any policy.
d . Any an,l all deductibles contained in any insurance
policy shall be assumed by and at the sole risk of
the Co ntractor.
5. Certificate of Insurance: The Contractor shall not
commence work under any contract funded pursuant to this
agreement until he has submitted to the SubGrantee,
received approval thereof, certificates of insurance
showing that he ha s complied with the foregoing insurance
requirements. The SubGrantee shall also subinit a copy ot
the Contractor's certificates ot insurance to the County.
6. Notwithstanding the provisions contained in this
paragra ph (HJ set forth hereinabove, the County reserves
the right to modi!:/ or waive said provisions for projects
or activities tor which these provi s i ons would prove
prohibitiv e. The SubGrantee understands, however, that
the decision to waive or modify those provisions is fully
wi thin the discretion of the County.
I. Records
The SubGrantee shall maintain a complete set of books and records •
documenting its u se of COBG funds and its supervision and
administration of the projects. The SubGrantee sha ll provide full
access to these books and records to the County, the Secr etary of
HUD or his des ignee , the Office ot Inspector General , and the
General Accounting Office so that compliance with Federal laws and
regulations may be confirmed. The SubGrantee further agrees to
provide to the County upon request, a copy o f any audit reports
perta ining to the SubGrantee's financial operat ions during the term
o f this agreement.
J. Reporting
The SubGr.antee shall file all reports and other inf ormation
necessary to comply with applicable Federal laws and regu l ations as
required by the County and HUD . This shall include providing to
the county the information necessary to complete the Grantee
Performance rt~ports in a t imely fasnion.
II:. Timeliness
The SubGrantee has subm itted to the County, along with its
proposal, a description o! the work t o be performed, a budget, and
a timetable delineating the length of time needed for each proj e c t
phase, i f a pplicable, through the completion of t~e projects . The
SubG r antee shall comply wi th timetable for cc,mpletion of the
projects. The SubGrantee understar.ds that fa il ure to comply with •
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the tiMtabl• may lead to a cancellation ot th• projaota a~d a loaa
ot all unexpended tunda, unl••• the County dateriainu that there
are •xtanuating cirouaatanc•• beyond the SullGranta••• control and
that th• projects will proceed within a reasonable length ot time.
The tillletable's implementation shall begin when the County provides
written notitication to the SubGrantee to proceed.
L. aaiJlburs-•nt tor bpen ■es
The SubGrantae agrees that betore the County can distribute any
CDBG tunds to it, the SubGrantee must submit to the County's
Housing and Community Development Services Division documentation
in the term required by that Division which properly and fully
identities the amount which the SubGrantee is requesting at that
time. The County shall have ten (10) working days to review the
request. Upon approval ot the request, the County ~ill distribute
the requested funds to the SubGrantee or directly to the
appropriate subcontractor or vendor as soon as possible.
•· Prograa Income
All program income derived trom the Arapa hoe County Co mmunity
Development Block Grant Program received by the SubGrantee wi ll be
retained by the SubGrantee and will be dispersed tor its approved
CDBG project activities before additional CDBG tunds are requested
trom the County. Followi ng completion ot the SubGrantee 's Arapahoe
County CDBG Projects, 311 program income directly generated from
the use of CDBG funds will be remitted to the County .
11. Asset llanageaent
Any singl e parcel of real property under the SubGrantee's control
that was acquired or improved in whole or in part with CDBG funds
in excess of $25,000 wil l either:
1 . Be used for an eligible CDBG activity, as determined by
the County, for a minim= of f i ve (5 ) years following
completion of the ~ubGrantee 's r,rojects;
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2 . Be disposed of i n a m~nner that results in the County's
being reimbursed 1n the a mount of the current fair market
value of the property ,.o;">s any ,-,rtion of the value
attributable to expend i ture . of non-CDBG tunds for
acquisition of, or improveme nts to, the property.
Reimbursement is not requi ·ced after five (5) years
following completion of the SubGrantee's projects.
o. State and County Lav Compliance
All responsibilities of the SubGrantee enumerated here i n shall be
subject to appl i cable State statutes and County ordinances ,
resolutions, rules, and regul ations.
P. Environmental Review
The SUbGrantH agrHa that "" C~D.G tunda will be legally obligated
to any project activity betor• th• County baa completed the
anvironaantal review procaduraa, aa required by ;u CP'R Part 58, •
Q. IW>eontracts
It subcontracts are used on the projects, the SubGrantae agrees
that the provisions ot this agreement sha~l ~pply to any
subcontract.
a. auapan ■ion or Tar11illation
This agreement may be suspended or terminated by the County it the
SubGrantee materially tails to comply with any term ct this
agreement. This agreement may also be terminated tor conv enience
by mutual agreement of the Coun ty and the SubGrantee.
a. In the event that the Unit ot General Local Government should
withdraw tram the County's "U r ban County• designation, this
agreE<ment shall terminate as o f the termination date of the
County's CDBG grant agreement with HUD.
T. The SubGra~tee certifies that to the best of its knowledge and
belief:
L No Federal appropriated t •.•r,ds have been paid or will be
paid, by or on behalf of it, to any person for
influencing or attempting to influence an o fticer or
employee of any agency , a Member of Congress , an ofticer •
or employee of Congress, or an employee of a Member ot
Congress in connection with the awarding of any Federal
contract, the maJting ot an;• Federal grant, the making of
any Federal loan , the entering into of any cooperative
agreement, and the extension, continuation, renewal,
a mendment, or modification of any Federal contract,
grant , loan, or cooperative agreement; and,
2. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing
or attempting to influence an officer or employee o f any
agency, a Member of Congress, an otficer or employee of
Congress, or an <?mployee of a Member of Congress in
connection with this Federal contract, grant, loan, or
coope~ative agreement, it will complete and submit
Standard Form-LLL, "Disclosure Form to Repo r t Lobby i ng,"
in accordance with its instructions.
o. Disallovanc;,
If it is determined by HUD or other federal agency that the
expenditure, in who l e or in part, for the SubGrantee's projects or
activity was improper, inappropriate or i neligible for
reimbursement, then the SubGrantee shall reimburse the County to
the full extent of the d i sal l owance .
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XT. auPOlllllln.ITIU 01' TEI COUJl'fY
&. LegaJ. Li&llility ■nd a-■poiuibilit?'
Th• Partiss recognize and understand that th• County will bath•
governmental entity required to axacuta all grant agra1111ants
received froa HUD pursuant to the County's requests for CDBG funds
and that it will thereby ba,~ome and will be held by HUD to ba
legally liable and rasponsibla tor the overall administration and
partoriaanca ot the CDBG programs, including th• project~ or
activities to be conducted by the SubGrantee. Accordingly, the
SubGrantee agrees that as to its projects or activitibs pGrformad
or conducted under any CDBG agreement, the County shall have the
necessary administrative control required to meet HUD requirements.
a. Pertoraanca and Compliance Monitoring
The County's supervisory a nd adm i nistrative obligati:::ms to the
SubGrantee pursuant to paragraph A above shall be limited to the
performance of the admini strative tasks necessary to make CDBG
funds available to the SubGrantee and to provide a Monitoring
Special ist whose job it will be to monitor the various projects
funded with CDBG monies to ensure that they comply with applicable
Federal laws and regulations.
c. Reportillg to BUD
The County will be responsible for confirming the coD'.;,l i ance of the
SubGrantee's projects with applicable Federal laws and regulations.
Thll County will further be responsible for seeing that all
necessary reports and information, inc.11.1ding the Grantee
Performance Reports, are filed with HUD and other applicable
Federal agencies in a timely fashion .
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In Witn••• Whereat, th• Parti•• have cauaed thia agre .. ant to be duly
Witness:
Attest:
Clerk to the Board
Donetta Davidson
Subgrantee : city or Englewood
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::":-:-:-:-By: _____________ __;_.;_;_
Board of County Commissioners
Arapahoe County, Colorado
Polly Page , Chairman
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EXIIIBIT A
CO~NIT'! DEVELOPMENT BLOC!t CRAMT PROGRAM
CONTRACT ':.U.USES
Scoce o f Wor k 24 C.F.R. S 5 -;c ~OJ(b) (l)
Should be clear, quant ified , with performance cri teria bu ilt
in. Performance to include accomplishlllent of the px-oduct,
method of accomplishment, tirling, mile stones and personnel
ass igned. There should be a very speci fc.c budget, organi ze<'.
by task a s we ll as l i ne item.
Contra ct Adm ;nist;ati on 24 C .F .R. S 8~,.36(b )(ll)
Procedures regarding al l. contractual and adt.llnistrative
issues . This must include procedures for changing the
scope, specif i cations, budge t, or other provisions . Where
0MB Circular A-110 appl ies , see Attachment O, Par. J .c.(9).
Qn i !ogn ,\dm i n i!;trat io n 24 C .F.R. S 570 .502
-:· -1pli ance with the requirements o f 24 C .F .R. Part 85,
• .. ~, 'et.imes referred tc a s the "Co mmon Rule.• Applicable ,.o
~~~nt.ees a nd subrecipients tha t are governmental entities.
Subrecipiencs that are not governmenta l entities must comply
with specified Attachments to 0MB Circular A-110.
Cost Principles 24 C.F .R. S 5 70.SQ2
Compliance with the provi sions of 0MB Circular A-87 or
A-122, as app l i cable.
Ql_n fli c t of Interest 24 C.F .R . S 57 0.61 1
No employee, o f ficer or agent o f the subgr antee shall
partic ipate in selection, or in the award or administration
of a contract if a confli ct of interest, real or apparent,
would be involved. Se e a l s o 24 C .F.R. S 85 .36(b )(3) or 0MB
Circular A-110, Attachment. O, Par . 3.a., as app licable.
RE:cordkeeoing 24 C.F .R. S 5 70 .503 (b )(2)
De scribe rec o r d s that must be ma i n t a ined, inc l uding
el i gibility, national ob jectives, financial, equal
o pport.unicy , e t c . See a lso 24 C.F.R. S 5 7 0.506 .
R1oort ina Raquiramvnts 24 c.r.R . s s10.50J (bJ(2l
Describe all raport:in11 raquiramants nacauary to verify •
accomplishm.ent. toward mHting tha project. scope and to
demonst.rat.e, compliance •:;.ch other requirements . See olso
24 C.F .R. S 85.36(i)(7) or 0KB Circular A-110 , At.tachment H,
as appl i c a ble.
Patents and Coovrights 24 C.F.R. ~ 85.J6 (i}(8), (9)
Include any applicable provisions regardi.,g rights to
pa teil ted invention:s and copyright.ad material resulting from
t.he CDBG contract. Where 0MB circular A-li .0 applies, see
At.t.achment O, Par. 4.h.
Access to Records 24 C,F.R. S 85.36(i )(l0)
Access by city/county, C0111ptroller General, Secretaz,· of HUD
and their rep,·.eL entatives, to any tecords relating to the
project . Whe i~ O:ill Circular A-110 applies, sea
At.tachment. r , ?ar. 4.i.
Ret.ention of Records 24 C.F.R . S 85.36(i)(ll)
All records reldting to the project must be retained t.hree
year s aft.er project audit/close out. Where 0MB Circular
A-110 applies, see A·ctachment C.
Program Income 24 C.F.R. S 570,SOJ(b(J)
Description of all guidance on the disposition and use of
program income. See also 24 C.F.R. SS 570 ,SOO(a) and
570.504
Reversion of Asse ts 24 C.F .R. S 570.50 3(b)(8)
Provisions regarding the rat.urn of excess funds and
requirements regarding the post-closeout use o f real
property acquired or improved with CDBG funds.
Breach o f Cont.ract 24 C.F .R. S 85 .36(i )(l)
Administrative, contractual and legal remedies in instances
o! breach of contract, including sanct.i ons and penal t.ies .
Where 0MB Circular A-110 appl i es, see Attachment 0,
Par. 4. a.
Te:::-mination 24. C.F .R. S 85 .36(i )(2)
For a ll c o ntr acts in excess of $10,000, des cription of ho w
and und e r wh at c ircumstances a contract may be ter:ninated
for cause and for c onvenience, inc l uding the bas i s f o r
sett l ement . Wh e re 0 MB Circul ar A-11 0 app lies, see
Attachmen t O, Par. 4.b.
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All.sl.il 24 C.F .R . S 570.502
• Compliance with 0~ Circular A-128 (State and local
governments) or A-133 (Nonprofits and higher ftducati.on
institutions). See also 24 C.F.R . Part 44 and
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24 C .F.R. S 85.2&.
Lobbying 24 C.F.R. Part 87
!lo CDBG funds m4y be expended for lo bbying purposes and
payments from ether sources for lobbying must be disclosed.
Relig ious Organi:at.i2.rul, 24 C.F.R. 5 570 .503 (b)(6)
Limitations and conditions on the use of C.:DBG funds by
re ligious organizations. See a lso 24 C .F.R. S 570 .200(j).
Resident Aliens 24 C.F.R. S 5 70.6 13
Newly legalized resident ali8ns are not e lig ible to apply
for CDBG funded direct benefits such as services, jobs and
housing rehabilitation.
Uniform Relocatinn Assistance
and Real Property Acquisit i on
P0licies Act {Un iform Act} 24 C.F.R . S 570 .606
Requirements for real property acquis i tion procedures and
benef its and services that anyone displaced must receive.
Bonding ar .d Insurance 24 C.F .R . S 85 .36(h)
Incl11 de with construction contracts with estimated cost of
$100,00 or mo re. Requires bid guarantees (5\ of the bid),
perf ormance bond (1001 of the contract price) and payment
bond (100\ of the contract price). Where 0MB Circular
A-110 applies, see Attachment Band Attachment O, Par. 4.c.
Labor Standards 24 C.F.R. S 570.603
In all construction contracts over $2,00 0 (except for
housing rehab ilitation of properties containing less than 8
dwel ling units), Davis-Bacon Act and r elated labor standards
requirements apply. Use current wage rate s applic able to
the project and HUD-4010 which inc l udes al ~ r e, ired
references. Sae also 24 C.F.R. S 85.3 6(1)(4 ), (5) and (6)
or 0MB Ci rcular A-1 10 Attachment 0, Pars. 4 .e., f., and g.,
as applicable .
Debarred Con t racto rs 24 C.F.R. § 570 .609
Prohi bi :s us e of deba rred, suspended or inel i g i ble
c ont =acco rs c c subrecipients in any contract .
~r9runenca1 24 C.F .R. S 85 .36(i)(l2 )
For all c o·nu:acts and subcontracts over $100; 000, include •
comp liance with standards, orders and requirement.I iaaue d
under Secti on 306 of the Clean Ai.r Act, Section S08 of the
Clean Water Act , Executive Order 11738 3nd environmental
Protection Agency regulations at 40 C.F.R. Part 1S . Where
0MB Circular A-110 app lies , see Attachment 0, Par. 4.j.
Flood I nsurance 2, C.F.R. S 570.605
For acquisi t: !.c.ri rehabilit ation, or construction in special
flood hazar<! <t reas ( as cletermi.ned by FEMA), property must
have flood insurance .
Energy Efficieficy 24 c.r.R. 85 .36 (il (13)
Compliance w ;.l;,h mand -~t 'lry energy ,;f.hciency standards and
policies J:-. !.tat •! on grgy conserva't.ion plan issued in
compliancn with ,.he Energy Policy and Conservation Act (Pub.
L . 94-163 ·1. See also 24 C.F.R. Part 39. There is no
equivalent provision in 0MB Circular A-110.
Lead-Based Pa int 24 C.F.R . S 5 70.608
Prohi bits use o f lead-based paint in
Requires notification of occupants .
inspection, testing and abatement in
circ.::1.L"U stances .
res idential structu.res.
Prov i des for
specified
Asbestos EPA/OSHA
Wher~ asbestos is present in property undergoing
rehabilitation, Federal requi r eme nts apply regarding wcrker
exposUL'e , abatement procedures and disposal. See Notice
CP0-90 -44 for further detai ls.
Title VI of the
Civil Rights Ac t uf J..2.il 74 C.F.R . S 57 0 .60l(a)
Comp liance with P .L. 88-352. Applies t o all projects.
Prohibits discr:L:ii:iation on grounds of race, color or
na tiona l origi·:. Covers bo th the de livery of, and the
participation in, all CDBG proj'ects . See also 24 C .F.R.
Par t 1.
Fa ir Housing 24 C.F.R, § 570.60l(b)
Comoliance with The Fair Housi ng Act. Pro hib its
disCrimination on the basis of race, color , re l igion, sex,
national origin , handicap or familial s tatu s in all
ac tivi tie 3 in,'olving the s aie, :C:'i8t~l or fi nancing o f
housing . Publ JC 1aw90-284 and a.u. I OJ
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Discrimination Prohibition
Under provision of Section 109 of the HCP hct of 1974, as
a .,ended, discrimination is prohibit.ad on the basis of raco,
color , religion, national origin or sex. Also refers to
discrimination on the basis of handicap and age.
Discrimination on the Basis o(
Handicap 24 C.F.R. Part 8
Compliance with Sec. 504 requirements. Cove r s prohibited
discrimination in employment, benefits and programs.
Est.abl i shes re~u irements for applying Uniform Federal
Accessibility ,tandards (UFAS) (see 24 C.F.R. Part 40 for
UFAS) to ccnt.r~cts. Note that UFAS and "ANSI Standards"
differ in impo ~"tant respect.s .
Aae Discriminat i on 24 C.F.R. Part 146
Covers prohibited discrimination by recipients ana
aubrecipient s i n a l l aspects of assisted programs.
Discrimina tion in Emp lovm;ll,! 24 C.F.R . S 570.60 71 a)
For canst.ruction cont:acts over $10,000, prohibits
discrL'll inat.ion in employment by making E-,ecutive Order 11246
and re _at.ed pro v i s ions applicable .
Employment. Training and
Contr acting Oo oortunities 24 C.F.R . S 570.60 7(b)
Under provisions of Section 3 of the ffousing and Urban
Development a c t . of 1968. requires opportunities for training
and employment cf lower-income persons and opportunities for
contra,·t.ing with l ocal firms. J>.pplies to all contracts .
~.nm;:.&ty Bus i ness En.terprise 24 C.F.R. S 85.36(e)
Covers required actions by recipient z,nd contrac t ors to
secure participation of firms owned and controlled by
minor i t i es, women and residents o f labor surplus areas.
Where O~.B Cir cular A-110 applies, see Attachment. O,
Par. 3 . c . ( 3) .
Compil.ed by :
f(ice of Commu n~ty Plan ning
a nd De v e l o pme nt.
Reg ion VII: (De nver )
J une 1 991
COLUMN A
-U.,-_,Pn>jo<,
A.I•....._
.-...Pn,j,eet~-
Lia .. , Prionc) {.-ift lim
-)
' .....
--I.Pro;ectActiviliu ·l.i.aby
Pftorirt ('l""ifr ucli -)
a....b ~
Dinc.tltlbabMoailoriq:
!lauaoall,h,bE.,pcaa,
AC:tMtia -AdaiautntioG • ~
TOTAL
EXHIBITB
PROJECT BUDGET
COLUMN B COLUMN C
__ ...ic;..o1u.,
Aaou.-o(CDIOFu.t.
.._orAL~,1 (c.....C --,--c-..-c.1 .D1
... ...
"' .,,
4,000 4,000
14.000 14,000
60.59! 60 .m
11 .. m 71.l9l
71.J9l 71.l9l
lJ
•
co.:.UMN D
O.WF\IQUCoaaiMd(i(
,.,ii..wo)
"'
...
• 0
0
0
0
0
•
•
•
aDDIIIIDUII ll1IIIUa CDIJI
TO 'l'D COIIIIDX'n DffJ.t.OIPlmlff BLOCJC GJlaJl'l'
IIOUU:acl aDUILI'.i'A.'l'IOII AGIWDBll'l'
This ADDENDUM NUMBER ONE ■oditiH the Al:!'lcahoe County Co■munity
Development Block Grant Agreement ("Agreement") by anu between Arapahoe
county ("County") and the CITY or DIGLROOD ("Subgrantee"), dated __ _______________ ,1996.
1fR1!:REAS, the Agreement (in Section III.H), requires that if any
Subgrantee pro:,ect involves construction activitie'I, then the Contractor
selected by the Subgrantee must provide and maintain insurance in the
lllllounts set forth therein; and
WHEREAS, pursu <>nt to Section III. H.6 , the Subgrantee desires that the
County waive a portion of the insurance requirements of Section III.Hof
Agreement; and
WHEREAS, the County agrees to the waiver as noted herein.
NOW , THEI EFORE, IT IS AGREED by th<a County and the Subgra ntee as
follows:
1. The Subgrantee shall require its selected Contractor to
provide and maintain general liability and property insurance
in an am ount not less than $100,000 by the Contractor and to
provide and maintain automobile liability insurance and
workmen's compe nsation insurance required by Colorado law.
Proof of such insurance shall be provided to the Subgrantee.
2. The Subgrantee and the C"lunty reaffirm the provisions of
Section III.F., concerning administration and indemnification
concerning performance of the Agreement.
·3. All other provisions of the Agreement not inconsistent with
this Addendum Number One are reaffirmed .
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In Witn••• Whereat, th• Parti•• have oaueed thi ■ AddendWD to be dUlf
exacuted thie ____ day ot ____________ , 1996.
Witness:
Attest:
Clerk to the Board
Donetta Davidson
Subgrantea: __ ~c.i~t~y_,.o~t_.Ewn~g~l~•~w~o~od,,.__
By: ________ _
Title: ______________ _
Board o f County Comm i ssioners
Arapaht county, Colorado
Polly Page, Cha i rman
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SUBGRANTEE AGREEMENT FOR THE
1996 ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
This Ag r el'llllant is ■ad• and executed this ~-~-~-day of
, 1996 by and between the Board ot County
Co1R1111ss1one1_s_o""'t=-"'ti""h-•-C"'o-:-·unty of Arapahoe, Stata ot Colorado, tor the
Community Development Block Grant Program in the Collllllunity Services
Dcparu•nt (hereinattar ratarred to as the County) and '1'HB CITY or
PG~lw'O<'ln, a municipality in Arapahoe County (hereinafter raterred to as
th., SW>G r antee) tor the conduct of a Community Development Block Grant
(CDBG) irojact tor Program Year 1996.
I. PIJJUlOSB
The pri mary objective ot Title I of ~.h• Housing and Community
Development Act of 1974, as aJ11ended, and of the Community Development
Block Grant (CDBG ) Program under this Tit l e is the development of viable
urban communities, by providing decent housing and a sui table living
envirorunent and expanding e conomic opportunities, principal_y for low
and moderate income persons.
The pro j ect by 'l'RE CITY OP BNGLEWOOO )mown as the BRCAOWJ\Y CORRIDOR
IXPROVEXDTS PR=CT (Project) has been categor ized as a SPECIAL
ACTIVITY FOR COMXtJlfITY BASED DBVELOPllE!IT ORGAHUATIONS ACTIV1:TY ' and the
SubGrantee will maintain doCUJ11entation with the 117'TIONAL OBJECTIVE of
BOOSillG BEHUIT activities.
The Su.bGrantee may proceed to incur costs for the pro ject as of June 1,
1996 unless made con tingent under Section II-F., Labor St~ndards, or
Section II-G., Environmental Reviews, below, and/or subj ect to the
SubGrantee receiving an officia l 'Notice to Proceed' from the County .
II. WORJC TO BB COMPLETED BY THE S0llGRANTEll
The following provisions outline tht? scope of the work to be comp leted:
Projec~ wil l improve City's e xistir.g housing stock by providing funds
for exten sive renovat i ons to bad l~· deteriorated single famil y owner
occupied homes which are unsu itab :.e for t h e City's regular hous i ng
rehab ilitation program.
A. Payment
It is express ly ag.:-eed and und,,rstood that the total a mo un t to be
paid by t h e Grantee under this contract shall r.ot exceed $3 5 ,000.
Drawdowr.s for the paym ent o f e ligible expenses sha ll be made
against the line item budget,; specified in attached Exhibit B
herein and accordance with p,,rformance. Expenses for general
adminiatration • all also be paid against t:ha J.ina itam budgata
■pacified in Exhibit a and in acoordanca vi~h partormanca.
•• 'fiaalin•
Th• project wil l ba complatad by .JUJ,., l, 1 99 7 ,mlass this Agraamant
is modifi ed by mutual agraament ot tl\a n.~:-ties.
C. Pertormanc°' ~itari~
Project tun<i i n<J will accompli,;h the t •Jll•~:.ing:
Provide loans and/or grants to one or :or~ Englewood homao<,,ners tor
the purpose o! extensive hcusing renovations .
o. Reporting Raquiramants
1 . Each SubGrantee Drawdown Request will include progre~~
rap~rts tor the period tor which payment is Deing
requested.
2. Quarter ly pro ject reports wil l be due within Jo ,fo.ys
!ollowir.g the end o! each quar er (March 31, June JO,
September JO, December Jl) until the Proj act is
completed .
J. Final Repor-c is due 45 days after completion o! the
Proj ect .
4. Ann ual and Audit Reports -The official Annual Report and
Annual Audit !or the SubGrantee in which both revenues
and expenditures !or the CUBG Financial Projects
describ&d herein are detailed. Due annually, not later
than June JO of each year .
!. Labor Standards (Davis-Bac•.n)
It is determined that:
Project does not involv~ activi ties wh i ch require compliance with
federal labor standards.
r. lnvironmental Reviews
Environmental revie,,s will be performed by Arapahoe County upon
selection of u:<iividual sites in order to determi ne whetl1er
environmental a c~ion i s required.
III. USPONSIBILIT1ES OP THE SOBGRAl';tEE
A. Ped&ral Compliance
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The SubGrantee shall take all actions that are appropriate and
required of it to comply with the applicable provisions of the
grant agreemen ts rece.ived from the U.S . Departme nt of Housing and •
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Or':lan Dev•lop■llllt (Hl10) by the County, Th••• include but are not:
li■iued to compliance vitl ll the provieion■ ot the Boueing and
Co■aunity Development Act ot 1974 (ACT) and all Rule• and
Requlat:ions, gu1delin•• and circular• promulgated by the variou•
fedaral depaJ:taents, agencies, adllinistration• and colllllissions
relat:ing to tha CDBG Program. 11ore apecitically, the SubGrantee
and the Co•ll\ty shall eacll take all required actions to comply with
the provisi•~n .• of 24 CFR Part 570, Titla VI ot the Civil Right:s Act
ot 1964, Title VII:.: of the Civil Rights Act of 1961\, Section 104
(b) and 109 ot the Rousing and Couunity Development Act ot 1974,
24 CFR Part 8~, Subpart: K ot RUD'• Onit,:,rm Aum1nistrative
Requirement: tor Grants and Cooperative Agreements, the regulations
applying to minority business enterprise, 24 CFR 570.904, the lead
based paint: ragulat:ions 24 CFR 570 .608 and 2~ CFR JS, and with 0MB
Circular A-87, Cost Princi ples tor State and Local Governments.
Att:ached berate as E;mibit: A and incorporated herein by this
reference is a s\lllll!lary of provisions associated with the Community
Deve l opment Bl ock Grant Program which shall be f-:illowed by the
SubGrantae unless it is determined to be inapplicable.
Add i tionally, in accordance with 24 CFR Part 570, no employee,
official, agen~ or consultant of the SubGrantee s hall exercise any
function or responsib ility in which a conflict: o f ir.terest , real or
apparent, would ari se . The Subgrantee cannot angage in a federally
funded cont:=act ~ith any ~ntity registered in t.~e Lists ot Parties
Excluded From Federal Proc•1r ement or Nonprocure.:ient Programs . This
;.ubl icat:ion is available in Arapahoe County through the Rousing an..i
Community Deve l opment: Services Division .
B, Supervis i on and Adainistrative Control
As to any projP.cts conducted during Prograi:i Year 1996, the
SubGrantee agrees, in accordance with Section III, paragraph A
above that ~e County shall have ultimat:e supervisory and
administrative responsibility, but the SubGrantee sha!l be
respons i ble tor the expenditure of the tunds allocated for its
pro jects or activit:ies and for the con~truction or performance of
its p..-ojects or activities in comp l.3nce wit.': all applicable
Federal law s and requ ir~ments relating to the C~BG Program.
c. Bon-Appropriatio~s Claus•
The SubGrantee agrees that it wil l include in every contract it
enters, wh ich relies upon CDBG mon ies for funding, a non-
appropriation clause that will protect itself and the County from
any liability or responsibility or any suit which might result from
the discont:inuance ot CDBG fund ing for any reason. Because i:.his
Subg rantee Agreement involves fund:; from a faderal grant , the
funding provisions o f this Su..igrantee Agreement, the federal g-.ant
and the federal statute.;; control rather than the provisions of
Sect ion 24-91-103.6 , C.R.S . with rega r d to any public work
projects.
D. bpenditur• Restrictions
All CDBG tunds that are appri:.ad by BUD tor expanditura undar tha
county•:; grant agra .. ant, in~luding those that ar• idantitiad f.~r
th• Su.bGrant••'s projacts and activiti••• s hall ba allocatad to tile •
spacitic projacts and acti v i t i as dascribad and listad in th• grant
agreements . The allocated tunds shall b• uaad and axpandftl only
tor the proj ects and activiti es tor whi,:h the tunds are idantitied.
•· Agreuant Changes
~o projects or activities , nor th• a.ount allocated th~rator, may
be changed without concurrence by the County and acceptance of the
revised Final Statement and/or Cun,iolidated Plan l:ly IR1D, ii:
required. Changes must be requested in writing and may not begin
until a modi tication to this Agreament is fully executed.
r. Direct Projects SuparTision and Administration
The Su.bG~antae shall be responP i bla for tha direct supe,:vision and
administrat ion of its respective pro jects or activities. This task
shall be accomplished through the use of the SubGr.tntee's statt,
agency and employees. Ta e SubGrantee shall be responsible for any
injury to persons or damage to property resulting fro~ the
negligent acts or errors and om issions of its statf, agents and
employe es . Su.bgrantee, wi thin its legal ability to do so under the
Constitution of the State of Colorado and its home-rule chaner (if
Contractor is a home-rule municipa-ity) and without in any way or
manner intending to wa ive or waiv ing the defenses or l imitations on
damages provided for under and pursuant to the Colorado
Governmenta l Immunity Act (Sec. 24-10-101, at seq . C.R.S.), the
Colorado Constitut ion, its home-rule charter or under t h e common
law or the laws of the United State:; or the State of Colorado,
shall indemnify and save harmless the County against any and al l
damages wh i ch are recovered under the Colorado Governmental
Immun ity Act and reduced to final judgement in a court of competent
jurisdiction by reason of any negligent act or omissio!I by
Subgrant~e , its agents, officers, or employees, in c~nnection with
the perfonanc e of this contract.
G. Ind8lllllity
Because the SubGrantee is responsible for the direct supervi sion
and administration of its proi ects or activities, the County sh,311
not be liable or respons ible tor cost ~verruns by the SubGrantee on
any projects or act ivities. The County shall have no dut'/ or
obligation to provide any additional ::unding to the SubGrantee if
its pro j ects or act ivities cannot be completed with the funds
allocated by the County to the SubGrantP.e. Any cost overruns sha ll
be the sol~ responsibility of the SubGrantee.
1. The SubGrantee agrees tha t all funds a l located to it for
an approvG~ projects or activi ties shall be used solely
f or the purposes approved by the Coun t y. Sa i d funds
shall not be used fo ~ any non-approved purposes .
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2. Th• SullGrantee agrees that the. tunda allocated tor any
a p p roved projects or activities shall be sufficient to
cumplate said projects or activiti8s without any
additional COBG funding.
•· Insurance
If th• SubCr&.~tee's projects involves construction activities, any
Contractor it uses for said activities shall be required to provide
and maintain, unt i l f i nal acceptance by the SubGrantae of all 11ork
by such Contractor, the Jc.inds and minimum amounts of insurance as
fc-llows:
1. Co:nprehens i ve General Liability: In the amoun~ ~, not
less than $600,000 combined ,:;ingle limit. Coverage to
include:
2.
a . Premises Operations
b. Products/Comi1leted Operations
c . Broad Fona Con ~ractual Liability
d. Independent Contractors
e. Broad Fona Property Damage
f . Employ~es as Addit i onal Insured
g. Personal Injury
h. Arapahoe County and the SubGrantee as Additional
!lamed Insured
i. Wa i ver o f Subrogati cn
Comprehe nsive Auto:nobile Liability: In the amount of not
less than $600,000 c ombined single l i mit for bodily
injury and property damage. coverage to include :
a. Arapahoe County and the SubGrantee as additional
!lamed Insured
b. Wa iver of Subrogation
J. Employers Li abi l ity and Workers Compensation: The
4 .
Contractor shal l secure and maintain employer's liability
and Worker's Compensation Insurance that will protect it
against any and all claims resulting from injuries to and
death of workers engaged i ." work under a.ny contract
funded pursuant to this agreement. Coverage to include :
a. Waiver o f Subrogation
Addit i ona l !lamed Insured: All referenced
policies and /or certificates of insura nce
subject to the following stipulations :
i nSurance
shall be
a . Und er-.,riters sha l l have no r i ghts of recov ery
s ub r og a tion agai nst Arapahoe County or the
SubGr a no::ee; it oeing the i nte nt of tl,e parties that
the insurance polic i es ao e f fected shall protect
the part i es a nd be pr i mary coverage for any and all
l o s s es covered by t he descr i be d i nsur anc e.
5
b. Th• clauae entiUed •other Inaw:ance Provision ■•
contain ■·1 in any policy incllMlinq Arapahoe County
•• an additional naaed inaw:ed shall not apply to •
Arapahoe county or th ■ SUl:IGrant••·
c. The insurance companies issuing th• policy or
policies shal: have no recourse against Arapahoe
County or th• SubGrantaa for payment of any
pr01iums due or for any assessments under any form
ot any policy.
d . Any and al deductibles contained in any i nsurance
policy shall be assumed by and at thd sole risk of
the contractor,
5 . Certiticate of Insurance : The Contractor shall not
commence work under any contract funded pursuant to this
agreem ent until be bas submitted to the SubGrantee,
received approval thereof, certificates o f insurance
show ing that be bas complied with the foregoing insurance
requi~ements. The SubGrantee shall also submit a copy of
the contractor's certif icates o f insurance to the County.
6 . Notwi thstanding the prov1s1ons contained in this
paragraph (H) set forth b• nabove, r.he County re serves
the r ight to mod~fy or wai ~aid pr ovisions for projects
or activit ies for which these p ,rovisions would prove
prohibitive. The SubGrantee understand s, how ever , that
the decision to waive or modify those provi · ions is fully •
with~n the discreti on of the County.
I. Records
The SubGrantee shall maintain a complete s nt of books and records
documenting its use of COBG funds and its supervision and
administration of the pro jects . The SubGrantee shall provide full
~ccess to these books and records to the County, ~he Secretary of
HUD or his designee, the Office of Inspector Genera l, and the
General Accounting Office so that compliance with Federa l laws and
regulations may be confirmed. The SubGrantee furthe r agrees to
provide to the County upon request, a copy of any aud it reports
pertainin~ tv ~ha S~iJ\;4ancee's fin2ncial operations dur ing the term
of this agreement. ·
J. Reporting
Th e SubGrantee shall file al l reports and other information
necessary to comp ly with applicabl e Federa l laws and regu lat ions a.s
required by the County and HUD. This sha ll include prov i ding to
the County the information necessary to complete the Grantee
Performance Reports in a timel y fashio n .
I:. '!'ia■.liness
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Th• SubGrante., has 9,uJ:-.J.tted to the County, along with its
proposal, a d•s=iption of the vork to be pertormlld, a ¥qet, and
a timetable delineating the l•n'itb ot tila• needed tor each project
phase, it applicable, through tha completion of tha projects. The
SubGrantaa shall comply vith timetable tor co111pletion of the
pro jects . Th• SubGrantee understands that failure to comply vith
the timetable -.ay lead to a cancellation of the projects and a loss
of all unexpanded funds, unlesG tha County determines that there
are extenuating cirCU111Stances beyond the SubGrantee•s control and
that the pro jects will proceed within a reasonable length of time.
The timetable's implementation shall begin when the County provides
wr itten notification to the SubGrantee to proceed.
L. aaiaburseaent tor IIZpensaa
The SubGrantee agrees that before the County can di stribute any
CDBG funds to it, the SubGrantee must submit to thR County's
Housing and Comm unity Development Services Div ision documentation
in the form required by that Division which properly and fully
identiti es the amount which the Sul:Grantee is requestinr; at that
time . The County shall have ten (10) working days to rev iew the
request . Upon approval of the request, the County will distribute
the requested funds to the SubGrantee or d irect ly to the
appropriate subcontractor or vendor as soon as possibla.
•. l'r ogra■ Inco■a
All p r ogram income derived from the Arapahoe Cou nty co=unity
Develcpment Block Grant Program received by the SubGrantae will be
retai ned by the SubGrantee and will be dispersed ta, its approved
COBG project activities before add itional COBG funds are requested
from the Ce>unty. Following completion of the SubGrantee • s Arapahoe
County CDBG Project~, all program income directly J enerated from
the use of CDBG funds will be remitted to the County .
If. Ass at xanagamant
Any single parcel of real property under the SubGrantee's control
tha t was acqu ired ~r imoroved in whole or in part with CDBG funds
in e xc ess of $i5,000 wiil either:
1 . Be used tor an eligible CDBG activi ty, as determined by
the County, tor a mi nimum of five (5) years fol lowing
completion of the SubGrantee•s projects;
OR
2. Be disposed of in a manner that results in the County's
being reil!lburscd in the amount of the current fair market
value o f the property less any portion of the value
attributable to expenditures of non-CDBG fund s for
~~qu isition of, or improvements to, t he property.
Reimbursement is not required a fte r f i ve (5 ) years
following completior. of the SubGrantee's pro j ects.
o. State and County Lav Compliance
All ruponsibilities of th• SubGrant•• enuauated barain ■hall be
subject to Applicable Stata ■tatuta■ and County ordinancas,
ra■olution*, rula ■, and regulation■.
The SubGrantae agr••• that no COBG tur.ds will be legally obligated
to any projact activity before tha County bas complatad tha
"nviron11ental review procedures, as requi red by 24 CFR Part 58.
Q. IU!lcontracts
If subcontracts are used on the projects, the SubGrantee agrees
that the provisions of this agreement shall apply to any
subcontract.
a. suspension or 'l'eriaination
Th i s agreement aay be suspended or terminated by the Co unty if the
SubGrantee materially tails to comply with any term o f this
agreement. This agreement may also be terminated fo r c onven i ence
by mut •al agreement of the County and the SubGr ante e.
s. In the event that the Un i t of General Local Gov «=·.1ma nt should
withdraw trom the County 's "Urban County" de siri;,at i on, this
agreement shall terminate as of the terminat i on date of the
County's COBG grant agreement with HUD.
'1'. The SubGrantee certifies that to the best of its knowledge ~nd A
beliet: ~••
1. No P•deral appropriatRd funds have been paid or will be
paid, by or on behalf of it, to any pe rson tor
intluancing or attempting to intluence an o.:ficer or
employee of any agency, a Member o f Congress , an ofti cer
or e mployee of Congress, or an employee of a Member o f
Congress in connect i on with the a ward i ng of any Federal
contract, the making of any Federal grant, the making of
any Federal loan, the enteri ng into of any cooperative
agreem4!nt, and the extension, continuation, renewal,
amendment, or modi fi cation of any Federal contract,
grant, loan, or cooperative agreement; and ,
2 . If any f un ds otre~ than Feder.al appropriate d c und s have
been pa i d or will be paid to any person f or influe ncing
or attem p~ing to influence ~n officer or e mp l oyee of any
agency, a Member of Congresg, an officer or em p loyee of
congress , or an employee o f a Member of Congress in
connecti on with this Federa l 1::ontro..::t, grac t , loan , or
cooperat ive ag:,eement, i t wil l com9Jete and subm i t
Standard Form-LL:,, "Disc losure Form t o Re port Lobbying,"
in accordance wi t i1 i t:s instructions.
u. Oisallo>1ance •
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r IJ! it is detarained by HUD or othsr federaJ. agency that the
expenditure, in whole or in part , for the SubGrant••'• projects or
actj,vi't.y -• iiapropsr, inappropriate or ineligible for
reimbursalllant, than the SubGrantae shall reimburse the County to
the tull extant ot the disallowance .
USPOBSIBII.ITIBS OF TD COCV1'Y
A. Legal Liability and aasponsibility
The Parties recognize and •mderstand that the County will be the
governmental entity requi:red to execute all grant agrealllents
received trom HUD pursuant to the County's requests for CDBG tunds
and that it will thereby become and will be held by HOO to be
legally liable and responsible tor the overall administration and
per!ormance of the COBG programs, including the projects or
activities t o be conducted by the SubGr antee. Accordingly, the
SubGrantee agrees that a s to its projects or activities performed
or conducted under any COBG agreement, the County shall have the
necessary administrative control required to meet HUD r equirements .
e. Per~or.ll&Dce and Compliance Monitoring
The county• s supervisory and administrative ob ligations to the
SubGrantee pursuant to paragraph A above shall be limited to the
performance of the admin i strative tasks necessary to make COBG
tund s available to the SubGrantee and to provide a Monitoring
Specialist whose job it will be to mon itor the var ious projects
funded with CDBG monies to ensure that they comply with applicable
Federal laws and regulations.
c. aeporting to l[1JD
The County will be responsi~le for confirming the compl iance of th~
SubGra!"':ee's projects with applicable Federal laws and regulations.
The County will further be respons ible for seeing that all
necessary reports and information, including the Grantee
Performance Reports, 3re fi led with HUD and other appli cable
Federal agencies in a timely fashion .
Ill lfitnen Wbereot, th• Parties have caused this Aqreuent to be duly
executed this _ day or -----,-,--------• 1996,
Witness:
Attest:
Clerk to the Board
Donetta Davidson
...... . . . . . . ' ' . . . . . . . .
Subgrantee:
By: _______________ _
Title: ______________ _
Board or county Collllllissioners
Arapahoe County, Colorado
Polly Paga, Chairman
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EXHIBIT A
CO:iMUNITY DEVELOPMENT BLOC!t GRANT PROGRAM
CONTRACT CLAUSES
scope of work 24 C.F .R. S 570.503(b )(l)
Should be clear, quantified, with performance criteria built
in. Performance to include accomplishment of the product,
method of accomplishment, tilning, milestones and personnel
assigned. There should be a very specific budget, organized
by task as we ll as l i ne item .
~ct Administration 24 C.F .R. S 85.J6(b )(ll)
Procedures regarding all contractu al and administra tive
is,1ue s . This must include procedures for changing the
scope, spec i fj:ations, budget, or othar provisions. Where
0MB Circular A-110 appli es, seo .ll.ttar.!.111ont C, Par. J.c. (9).
Uniform Administ;a;ion 24 C.F .R. S 570.50 2
Compliance with th~ requirements of 24 C.F.R. Part 85,
sometimes referred to as the •common Rule.• Applicable to
grantees and subrecipients that are governmental entities.
Subrecipients that are not governmental entities must c om p ly
with s pecified Attachments to 0MB r.i.rcular A-110 .
cost Principles 24 C.F.R. S 570.502
Compliance with the provisions of 0MB Circular A-8 7 or
A-122, a s applicable.
Conflict of Inte res t 24 C.F.R. S 570 .611
No employee, officer or agent of the s ubqrantee shall
partic i pate in selection, or in the award or ac!ministration
of a contract if a conf lict of interest, real er apparent,
would be involved. See also 24 C .F.R. S 85 .36(~)(3) or 0MB
Circular A-110, Attachment C, Par. 3 .a., as appl icable .
Recordkeecing 24 C.F .R. S 570.503 (b)(2)
Des cribe records that must be maintained, including
e ligibility, national ob jectives, financial, equal
opportunity , etc. See also 24 C .F .R. S 570 .506 .
R10ort ina R1au iram1nts 24 c.r .a. s 570.50J (b)(2)
Descri be all reporti ng requirlllllents necessary to verify
acc omplishment toward meeting the project scope and to
demonstra te comp liance with other requirements . See also
24 C.F .R. S 95 .36{i)(7) or 0MB Circular A-110, Attachment H,
as applicable.
Patents and Coovright~ 24 C.F.R. S 95.36(i ) (9) , (9)
Include any applicable provisions regarding rights to
patented inventions and copyrighted materi al re~ulting from
the CDBG contract . Where 0MB circular A-110 applies, sea
Attachment O, Par. 4.h.
Access to Records 24 C.P.R. S 95.36 (i){l0)
Access by city/county, Comptroller General, Secretary of HUD
and their representatives, to any record~ relating to the
project . Where 0MB Circular A-110 applies, see
Attachme nt O, Par. 4.i.
Retent i on of Rec ords 24 C.F.R . S 95.36(i)(ll)
All rec ords relating to the project must be retained three
years after project audit/close out . Where 0MB Circular
A-llO applies, see Attachment C.
Program Income 24 C.F.R. S 570.SOJ(b(J)
Description o f all guidance on the disposition and use of
program income. See also 24 C.F.R . SS 570.SOO(a) and
570 .504
Rev ersion of Asset s 24 C.F.R. S 570.SOJ(b)(S )
Provisions regardi ng t he return of excess funds and
requi rements regarding th€ post-closeo ut use of real
prop erty acquired or improved with CDBG funds.
Breach of Cont ract 24 C .F.R. S 95 .36(i)(l)
Adm inistrative, contractua l and legal re~edies in instances
of breach of con tract, incl udin·g sanctions and penal ties .
Where 0MB Circular A-1 10 applies, see At~achment O,
Pa r. 4 . a.
Termination 24. C.F .R. S 9 5.36 (i)(2)
For all cont=acts in excess of $10,000, description of haw
and unde= what circ-..unstances a contrac~ may be terminated
for c c,use and for c onvenience , including t he b a sis for
s ettle11ent. Where OM!l Circular A-110 applies, see
Att ac hment O, Par 4.b .
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24 c.r.R. s s10.~02
Com pliance with 0MB CJ..rt:uJ.ar A-128 (State and local
qoverrunents ) or A-133 (Nonirofits and higher education
institutions). See also 24 C.F.R. Part 44 and
24 C.F.R , S 85.26 .
Lobbving 24 C.F.R . Part 87
No CDBG funds may be expended for lobbying purposes and
payments from other sources for lobbying must be ~isclosed.
Religious Organ iza tions 24 C.F.R. S 570.503(b)(6)
Limitations and conditions on the use of COBG funds by
re ligious organizations . See also 24 C.F .R. S 570.200(j).
~ 24 C.F.R. S 570.613
Ne1'ly l e galized r.,sident aliens are not eligJ bl.a to apply
for COBG funded d ~ect benefits such as services, jobs and
hous ~ng r ~ha bilitation.
Y.n.if.~.rn....~~-L,...., \a..l istance
a nd l{ud,1. P::o eA+ ~-AC:.JUisition
Policies Act (t,;1+ ... ~c r.:n Act, 2~ r.F.R. S ~7J.606
Requirements for r.eal p.rope-'"ty acquisition procedures and
benefits and sat.vices that anyone displaced must receive.
Bonding and Insurance 24 C.F.R. S 85.36(h )
Include with construction contracts with estimated cost of
$100,00 or more. Requires bid guarantees (5\ of the bid),
performance bend ( 100\ of the contract price) and payment
bond ( 100\ o f t~e contract price). Where 0MB Circular
A-110 applies , see Attachment Band Attachment O, Par. 4.c.
Labor Standards 24 C.F.R. S 570.60 3
In al l construction contracts over $2,000 ( xcept for
housing rehabilitation of properties containing less than 8
d~elling units ), Davis-Bacon Act and related labor standards
requirements. appl y . Use current wage rates applicable to
the project and HUD-40 10 which includes all required
references . See also 24 c.r.R. S 85 .36 (i )(4), (5 ) and (i)
or OM!l Circular A-110 Attachment O, Pars. 4.e ., f., and g.,
as applicable.
Oebar=eC Cont r a cto rs 24 C.F .R. § 570 .609
P::-o hi bi:s use of deb~r::-e c, s uspended or ineligi) le
contractors or subrecipiencs in any cnntract .
Env i;oruntntd 24 C.P .R. S 85 .36(i)(l2)
For all contracu and 1ubcontracts over s100;000, inc:lude
comp liance vith standuds, orders and raquiremant:s isaued
under Se ction 306 of the Clean Air Act, Section 508 of the
Cl.-an Water Ac.._, .~xecutive Order 11738 and environmantal
Pro:·ection Ag·ancy regulations at 40 C.F.R. Part 15. Where
01IJ'I Circular A-110 applies, see ~ttachment O, Par. 4.j.
flood Insurance 24 C.F,R. S 570.605
For acquisition rehabilitati on, or construction in apec~al
flood ha:a,:d Areas (as determined by FE.l!A), property must
have flood insurance.
Ene~qy Ef ficiency 24 C.P .R. 85.36(1)(13)
Compliance with mandatory energy efficiency standards and
policies in State energy conservation plan issued in
comp liance with the Energy Policy and Conservation Ac~ (Pub .
L. 94-163 ). See also 24 C.P .R. Part 39 . There is no
equivalent provi sion in 0MB Circular A-110.
Lead-Based Paint 24 C.F .R. S 5 70.608
Prohibi ts use of lead-based paint in
Requ ires notification of occupants.
inspection , testing and abatement .in
circumstances.
residential structures.
Provides for
specified
Asbestos EPA/O SHA
Where asbestos is present in property undergoing
rehabilitation, Federal requireme:,t.s apply regarding vorl<er
exposure , abatement procedures and disposal. See Notice
CPD-90-44 for fu..-ther details.
Title VI of t!le
Civil Rights Act of 1964 24 C.F.R. S 570 .60l(a)
Comp lianc e with P.L . H8-35 2 . Applies to all projects.
Prohibits discrimination on grounds of race, color or
national origin. Covers both t .he delivery of, and the
participa~ion in, all CDBG projects. See also 24 C.F .R.
:?art 1 .
Fair Hous Lng 24 C.F.R . S 570.50l(b)
Co mpliance with The F3.ir Hous in•;J Act . P::ohibits
disc:imina~ion on the bas is of race, color , religion, sex,
na ~ional ori~in , hand icap or familial s~acus i n a ll
ac tiv~ties inyolving the saie, r:'i8 ti1,l or financing cf
housi.ng. Public law9O-28' an d c .v. I OJ
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Discri,minat ion Prc~qn 24 C F.R. S 57U .6Q2
Under prov i~icn of Sectio~ 109 ot the HCD Act of 1974, as
amendec', d is<.::-J.m ination is ;:,·ohibitatt on the basis of race,
color . ,:el ;, . .:in, national cr i.7in or aax. Also refers to
discrim~~at i on on cha ba•i• or ha.ndic•~ and age.
Disc:ri.minati<l.n._ on the Basis ot
Handicap
Comp liance with Sec , 504 requir....,nts . Covers prohibited
d i scrimination in employment, b 9nefits and proqr&111a.
~stabli.shes requirements for ap11lying Uniform Federal
Accessibility Standa.rds (UFAS) (see 24 C.F.R. Pa rt 40 for
UFAS) to contrac t s . Note that UFAS an.cl • ;ui.;r Standards·
d iffer i e. important respects .
Age Dis crimination 24 C.F,R. Part 146
Cov ers prohibited discrimination by rec i pients and
subrecipi ents in all aspects of assisted programs .
Discrimination in Emolovment 24 C.F . ' .. S 5 70.607(a)
For constructi on contracts over $10,000, prohibits
disc::imination in employment by making ~~•e Order 11246
and related provisions applicable .
Employment. Training and
Contracting Opportunities 24 c.r:R . s s10.607(b)
Under provisions of Section 3 of the Hous i ng and Urban
Develooment act of 1968, requires opportunities for training
and employment of lower-income persons and opportunities for
cont::acting with local firms. Applies to all contracts.
Minoritv Business Enterprise 24 C.F.R. S BS .36 (e )
Co vers required ,~tions by recipient and contractors to
secure partic i?ation of firms owned and controlled by
minor ities, women and residents of labor s urplus areas.
Where 0MB Circu_a:: A-110 applies, see Attachment O,
Par . 3 .c. (3 ).
Compiled by :
Office of Community Plannir.g
anC. Oevelooment.
Region V!I! (Denver )
June 1991
CO LIJMN A
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C-.O.of,..i.,-,_..,.
A.an-ilia -Adailli:lln&ioa+Acu'fion
TOTAL
"""""'•pnl /J ./Pllll
EXBIB.\T B
PROJECT BUDGET
COLUMN B COLUMN C
--r.aeo.otu. ,'--lolCDIO,_. _.,.....,.~c --,._.,_D)
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... "'
ll,000 ll,000
ll.000 lS ,000
ll,000 ll,000
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COL!DIN D
Olll•,_.C....-.(ll .. ~-)
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0
0
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UIDaDGIIIIIIJlaDOD
'fO.,.. cWHt Dffm.OIIID\' ar.ocx IDAII'!
UOADftT caaaill0a DmlOVD:lftS J.GJlllllUDl'l'
Thi• ADDENOUM NUMBER OH!: IIOditias the Arapahoe County C01111unity
Develop•ent Block Grant Agre ... nt ("Agr•-•nt•) by and between Arapahoe
County ("County") and the CITY 01' lllGLffOOD ("Subgrantaa•), dated __ _______________ ,l99f.
WRERZAS, t.'1e Agretllllent ( in Section III. H) , requires that it any
Subgrantee project involves con•truction activities, then the Contractor
••l•cted by the Subgrantee must provide and •aintain insurance in the
a.mounts set torth therein; and
WHEREAS, pursuant to Section III. H.6, the Subgrantee desires that the
County waive a portion ct the insurance requirements ct Section III.H ct
Agre .. ent; and
WHEREAS, the County agrees to the waiver as noted herein .
NOW, THEREFORE, IT IS AGRE ED by the County and the Subgrac.i:;,:q as
tollows:
1. The Subgrant ee sha:11 require its selected Contractor to
provide and n·.uintain general liability and property insurance
in an amount not less than $100 ,000 by the Contractor and to
provide and mainta in automobile l J.ability insurance and
worlanen' s compensati on insurance required by Colorado l aw .
Proof of such insurance shall b,• provided to the Subgrantl!e .
2. The Subgrantee and the County rea ffir.n the provisions of
Section III. F., ~, ... ,cerning administration and indemn ification
concerning performance of the Agreement .
J. All other provis:or s of the Agreement not inconsistent with
this Addendum Numbe r One are reaffirmed.
In Witness Whereof , the Parties have c a used this Addendum to be duly
executed ~is day of ------------' 199 6.
Attest: Subc;rantee: __ ~Cui~t~v.....,o~f~E~n~g~le~w~o=o=d __
By : ______________ _
Title: _______________ _
Atteat:
Clerk to th• 90erd I
Donetta Davidaon
IIOen of COWl~Y Coaaiaaion ■r ■
Arapaho■ C01111ty, Colorado
Polly Pag•, Chairman
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COUNCIL COMMUNICATION
Date Agenda Item Subject
May 6, 1996 Intergovernmental
11 a iv Agreement CDBG
Initiated By Staff Source
Housing Authority Paul Malinowski, Executive Director
Janet Grimmett, Ho using Finance
Specia list
CO Cll. GOAL AND PREVIOUS COUNCil. ACTION
Passage of Onlinance no . 39, Series of 1994 and passage of Resolution No . 57, Series of 1995 supporting
Housing .
RECOMMENDED ACTION
Approve a Bill fo r an Ordinance authorizing the execution of an Intergove rnmental Subgrantee
Agrttment for the 1996 Arapahoe County Community Development Bl ock Grant Program, Continuing
Resolution Funding, between tbe Arapahoe 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 uniui of local
government and urban co unties to meet housing and community development needs. The obj ectw e of the
Program is achieved through project. developed by the local government which are designed to gi,·e
maximum priority to those activities that will benefit low and moderate jncome families . Funds are
allocated by statutory formula to each entitlement area. Arapahoe County is an approved entitle.ment
area. The grant funds are distributed on a formula basis to participating cities within Arapahoe County.
For 1996, Co ntinuing Resolution funds have bee n approved by Con~Tess at approximately 40 % of tbe
anticipated 1996 CDBG budget. The.so fun d, are approved to r upport tbe City of Englewood's con tin uing
Housing Rehabilitation Project, the Broa dway Co rrid or Project, and to provide funds for tbe Fam ily Self
Sufficiency Program sponsor ed b:r the Englewood Housing Authority with tbe following am ounts:
1 . $74 , 595 to monit or and to rehabilitate 5 low -income hou sin g units scattered throughout the City;
2 . $10 ,000 u, s upport Family Self Suffici ency,
3 . $35 ,000 to replace one low-income, own er-occ upied , h ousing unit;
4. $ 4,000 for rehab administration.
FINANCIAL IMPACT
The City pro,i de s matching funds fo r staff necess ary to administer the Hous ing Rehabilitation and
Br cad wav Corrid or P ro gram s .
U!,"1' OF ATTACHMENTS
811 : fo r an Ordina nce .