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HomeMy WebLinkAbout1997 Ordinance No. 015-. # ' 11 b i BY AUTHORITY (hM-Jf g~~91 3/o-C/7 39-97 1€1~ .q7 ORDINANCE No./5.. SERIES OF 1997 COUNCILBILLNO. 12 /8-'C/8 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS FOR THE 1997 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD. WHEREAS, the City Council approved the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County by passage of Ordinance No. 39, Series of 1994; and WHEREAS, the Agreement related to the conduct of the Community Development Block Grant Programs for Federal Fiscal Years 1995 through 1997; and WHEREAS, the project by the City of Englewood known as the "Housing Rehabilitation Project" has been categorized as a rehabilitation activity and the City of Englewood will maintain documentation with the National Objective of Housing Benefit activities; and WHEREAS , the project by the City of Englewood known as the Broadway Corridor Improvements Project has been categorized as a special activity for community- based development organizations activity; and WHEREAS, the project by the City of Englewood known as the "Englewood Family Self Sufficiency Program" has been categorized as a public service activity; and WHEREAS , the City of Englewood may proceed to incur costs for these projects as of May 1, 1997 unless such acceptance is made contingent under Section II-F., Labor Standards, or Section II-G ., Environmental Reviews, as contained in the Subgrantee Agreement, and subject to the City of Englewood receiving an official "Notice to Proceed" from Arapahoe County; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section 1. The Subgrantee Agreements for the 1997 Arapahoe County Community Development Block Grant Program are hereby accepted and approved by the Englewood City Council and the Mayor is authorized to execute and the City Clerk to attest and seal the Agreements for and on behalf of the City of Englewood . S ection 2. The Subgrantee Agreements for the 1997 Arapahoe County Community Development Block Grant Program are attached hereto as Exhibit A. -1- Section 3 . The City Manager shall be authorized to further extend the Subgrantee Agreements For the 1997 Arapahoe County Community Development Block Grant Program as needed. Introduced, read in full, and passed on first reading on the 18th day of February, 1997 . Published as a Bill for an Ordinance on the 20th day of February, 1997 . Read by title and passed on final reading on the 3rd day of March, 1997. Published by title as Ordinance No ./<!:, Series of 1997, on the 6th day of March, 1997 . I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true cop~/?he Ordinance passed on final reading and published by title as Ordinance No. ~'iii· Loucrishia A. Ellis -2- . ' • . ' SUBGRANTEE AGREEMENT FOR THE 1997 ARAPAHOE COUNTY C01\11\1UNITY DEVELOP1\1ENT BLOCK GRANT PROGRAM: This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, for the Community Development Block Grant Program in the Community Servic es Department (hereinafter referred to as the County) and the City of Englewood, a municipality in Arapahoe County (hereinafter referred to as the SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project for Program Year 1997. I. PURPOSE The primary objective of Title I of the Housing and Community Development Act of 1974, as amended, and of the Community Development Block Grant (CDBG) Program under this Title is the development of viable urban communities, by providing decent housing, a suitable living environment and expanding economic opportunities, principally for low and moderate income persons. The project by the city of Englewood known as the Housing Rehabilitation Project (Project) has been categorized as a Rehabilitation Activity and the SubGrantee will maintain documentation with the national objective of Housing activities. The SubGrantee may proceed to incur costs for the Project as of May 1, 1997 unless made contingent under Section II-E. Labor Standards, or Section II-F. Environmental Reviews, below, and/or subject to the SubGrantee receiving an official 'Notice to Proceed' from the County. II. WORK TO BE COMPLETED BY THE SUBGRANTEE The following provisions outline the scope of the work to be completed: Provision of grants and/or low interest loans to lower income homeowners for housing repair and improvement. A. Payment It is expressly agreed and understood that the total amount to be paid by the County under this contract shall not exceed $15~,020. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Exhibit B and accordance with performance. B. Timeline 1 e x H I B I T A and the County shall each take all required actions to comply with· the provisions 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 of the Housing and Community Development Act of 1974, 24 CFR Part 85, Subpart K of HUD's Uniform Administrative Requirement for Grants and Cooperative Agreements, the regulations applying to minority business enterprise, 24 CFR 570.904, the lead based paint regulations 24 CFR 570.608 and 24 CFR 35, and with OMB Circular A-87, Cost Principles for 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 fallowed 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 apparent, would arise. The Subgrantee cannot engage in a federally funded contract with any entity registered in the Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs. B. Supervision and Administrative control As to any projects conducted during Program Year 1997, the SubGrantee agrees, in accordance with Section III, paragraph A above, that the County shall have ultimate supervisory and administrative 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 activities in compliance with all applicable A 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 CDBG monies 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 discontinuance of CDBG funding for any reason. Because this Subgrantee Agreement involves funds from a federal grant, the funding provisions of this Subgrantee Agreement, the federal grant and the federal statutes control rather than the provisions of Section 24-91-103.6, C.R.S. with regard to any public work projects. D. Expenditure Restrictions All CDBG funds that are approved by HUD for expenditure under the County's grant agreement, including those that are identified for the SubGrantee's Projects and activities, shall be allocated to the specific projects and activities described and listed in the grant agreements. The allocated funds shall be used and expended only for the projects and activities for which the funds are identified. E. Agreement Changes 3 by such Contractor, the kinds and minimum amounts of insurance as follows: 1. Comprehensive General Liability: In the amount of not less than $600,000 combined single limit. Coverage to include: a. Premises Operations b. Products/Completed Operations c. Broad Form Contractual Liability d. Independent Contractors e. Broad Form Property Damage f. Employees as Additional Insured g. Personal Injury h. Arapahoe County and the SubGrantee as Additional Named Insured i. Waiver of Subrogation 2. Comprehensive Automobile Liability: In the amount of not less than $600, 000 combined single limit for bodily injury and property damage. Coverage to include: a. Arapahoe County and the SubGrantee as additional Named I n sured b. Waiver of Subrogation 3. Employers Liability and Workers Compensation: The 4. Contractor shall 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 in work under any contract funded pursuant to this agreement. Coverage to include: a. Waiver of Subrogation Additional Named Insured: All referenced policies and/or certificates of insurance subject to the following stipulations: insurance shall be a. Underwriters shall have no rights of recovery subrogation against Arapahoe County or the SubGrantee; it being the intent of the parties that the insurance policies so effected shall protect the parties and be primary coverage for any and all losses covered by the described insurance. b. The clause entitled "Other Insurance Provisions" contained in any policy including Arapahoe County as an additional named insured shall not apply to Arapahoe County or the SubGrantee. c. The insurance companies issuing the policy or policies shall have no recourse against Arapahoe County or the SubGrantee for payment of any 5 that the projects will be completed within a reasonable length of . time. The timetable's implementation shall begin when the County provides written notification to the SubGrantee to proceed. L. Reimbursement for Expenses The SubGrantee agrees that before the County can distribute any CDBG funds to it, the SubGrantee must submit to the County's Housing and Community Development Services Division documentation in the form required by that Di vision which properly and fully identifies the amount which the SubGrantee is requesting at that time. The County shall have ten (10) working days to review the request. Upon approval of the request, the County will distribute the requested funds to the SubGrantee as soon as possible. M. Program. Income All program income derived from the Arapahoe County Community Development Block Grant Program received by the SubGrantee will be retained by the SubGrantee and will be dispersed for its approved CDBG project activities before additional CDBG funds are requested from the County. Following completion of the SubGrantee's Arapahoe County CDBG Projects, all program income directly generated from the use of CDBG funds will be remitted to the County. No Asset Management Any single 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 will either: ~ 1. Be used for an eligible CDBG activity, as determined by the County, for a minimum of five (5) years following completion of the SubGrantee's projects; OR 2. Be disposed of in a manner that results in the County's being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvements to, the property. Reimbursement is not required after five (5) years following completion of the SubGrantee's projects. o. State and county Law Compliance All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State statutes and County ordinances, resolutions, rules, and regulations. P. Environmental Review The SubGrantee agrees that no CDBG funds will be legally obligated to any Project activity before the County has completed federal NEPA environmental review procedures, as required by 24 CFR Part 58. 7 • The Parties recognize and understand that the County will be the governmental entity required to execute all grant agreements received from HUD pursuant to the County's requests for CDBG funds and that it will thereby become and will be held by HUD to be legally liable and responsible for the overall administration and performance of the CDBG programs, including the projects or activities to be conducted by the SubGrantee. Accordingly, the SubGrantee agrees tha~ as to its projects or activities performed or conducted under any CDBG agreement, the County shall have the necessary administrative control required to meet HUD requirements. B. Performance and Compliance Monitoring The County's supervisory and administrative obligations to the SubGrantee pursuant to paragraph A above shall be limited to the performance of the administrat ive tasks necessary to make CDBG funds available to the SubGrantee and to provide a Monitoring Specialist whose job it will be to monitor the various projects funded with CDBG monies to ensure that they comply with applicable Federal laws and regulations. c. Reporting to HUD The County will be responsible for confirming the compliance of the SubGrantee's Project with applicable Federal laws and regulations. The County will further be responsible for seeing that all necessary reports and information are filed with HUD and other applicable Federal agencies in a timely fashion. 9 In Witness Whereof, the Parties have caused this Agreement to be duly executed this day of Attest: Clerk to the Board Donetta Davidson Subgrantee:~~~C=1~·t~y..__o.:.o:.f_.;::E=n~g~l~e~w~o=-o~d--~~~- By:--------------------------------~ Thomas J. Burns Title: Mayor Board of County Commissioners Arapahoe County, Colorado Polly Page, Chairman 10 ' • ··. . . · • ' . EXHIBIT A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACT CLAUSES Scope of Work 24 C.F.R. § 570.503(h)(l) Should be clear, quantified, with perfo:anance criteria built in. Perfo:anance to include accomplishment of the product, method of accomplishment, timing, milestones and personnel assigned. There should be a very specific budget, organized by task as well as line item. Contract Administration 24 C.F.R. § 85.36(b)(ll) Procedures regarding all contractual and administrative issues. This must include procedures for changing the scope, specifications, budget, or other provisions. Where OMB Circular A-110 applies, see Attachment O, Par. 3.c.(9). Unifo:an Administration 24 C.F.R. § 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 entities. Subrecipients that are not governmental entities must comply with specified Attachments to OMB Circular A-110. Cost Princioles 24 C.F.R. § 570.502 Compliance with the provisions of OMB Circular A-87 or A-122, as applicable. Conflict of Interest 24 C.F.R. § 570.611 No employee, officer or agent of the subgrantee shall participate in selection, or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. See also 24 C.F.R. § 85.36(b)(3) or OMB Circular A-110, Attaclunent O, Par. 3.a., as applicable. Recordkeeoina 24 C.F.R. § 570.503(b)(2) Describe records that must be maintained, including eligibility, national objectives, financial, equal opportunity, etc. See also 24 C.F.R. § 570.506. Audit 24 C.F.R. § 570.502 Compliance with OMB Circular A-128 (State and local governments) or A-133 (Nonprofits and higher education institutions). See also 24 C.F.R. Part 44 and 24 C.F.R. § 85.26. Lobbyi.na 24 C.F.R. Part 87 No CDBG funds may be expended for lobbying purposes and payments from other sources for lobbying must be disclosed. Religious Organizations 24 C.F.R. § 570.503(b)(6) Limitations and conditions on the use of CDBG funds by religious organizations. See also 24 C.F.R. § 570.200(j). Resident Aliens 24 C.F.R. § 570.613 Newly legalized resident aliens are not eligible to apply for CDBG funded direct benefits such as services, jobs and housing rehabilitation. Uniform Relocation Assistance and Real Pronerty Acauisition Policies Act {Uniform Act) 24 C.F.R. § 570.606 Requirements for real property acquisition procedures and benefits and services that anyone displaced must receive. Bondina and Insurance 24 C.F.R. § 85.36(h) Include with construction contracts with estimated cost of $100,00 or more. Requires bid guarantees (5% of the bid), perfonnance bond (100% of the contract price) and payment bond (100% of the contract price). Where OMB Circular A-110 applies, see Attachment B and Attachment O, Par. 4.c. Labor Standards 24 C.F.R. § 570.603 In all construction contracts over $2,000 (except for housing rehabilitation of properties containing less than 8 . dwelling units), Davis-Bacon Act and related labor standards requirements apply. Use current wage rates applicable to the project and HUD-4010 which includes all required references. See also 24 C.F.R. § 85.36(i)(4), (5) and (6) or OMB Circular A-110 Attachment O, Pars. 4.e., f., and g., as applicable. Debarred Contractors 24 C.F.R. § 570.609 Prohibits use of debarred, suspended or ineligible contractors or subrecipients in any contract. ' -~. -. Discrimination Prohibition 24 C.F.R. § 570.602 Under provision of Section 109 of the HCD Act 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. Discrimination on the Basis of Handicao 24 C.F.R. Part 8 Compliance with Sec. 504 requirements. Covers prohibited discrimination in employment, benefits and programs. Establishes requirements for applying Uniform Federal Accessibility Standards (UFAS) (see 24 C.F.R. Part 40 for UFAS) to contracts. Note that UFAS and "ANSI Standards" differ in important respects. Age Discrimination 24 C.F.R. Part 146 Covers prohibited discrimination by recipients and subrecipients in all aspects of assisted programs. Discrimination in Emolovmant 24 C.F.R. § 570.607(a) For construction contracts over $10,000, prohibits discrimination in employment by making Executive Order 11246 and related provisions applicable. Employment, Trainincr and Contracting Opportunities 24 C.F~R. § 570.607(b) Under provisions of Section 3 of the Housing and Urban Develooment act of 1968, requires opportunities for training and employment of lower-income persons and opportunities for contracting with local firms. Applies to all contracts. Minority Business Enterorise 24 C.F.R. § 85.36(e) Covers required actions by recipient and contractors to secure participation of firms owned and controlled by minorities, women and residents of labor surplus areas. Where OMB Circular A-110 applies, see Attachment O, Par . 3 . c . ( 3 ) . Compiled by: Office of Community Planning and Development Region VIII (Denver) June 1991 EXHIBITB PROJECT BUDGEf COLUMN A COLUMN B COLUMN c COLUMN D Project ActmDes Fm.•ed Total Cost ol CDBG F'UDds Other F-41 c-mitted (specify by liDe itlm) Acti-rity Project AdminiJtntion and 103,000 40,000 63,000 Rehabilitation Monitoring Rehab Loam 264 ,020 114,020 150 ,000 TOTAL: 367,020 154 ,020 21 3,000 Daze: 111N14t'y JJ, 1997 I • ADDENDUM NUMBER ONE TO THE COMMUNITY DEVELOPMENT BLOCX GRANT HOUSING REEABILITATION AGREEMENT This ADDENDUM NUMBER ONE modifies the Arapahoe County Community Development Block Grant Agreement ("Agreement") by and between Arapahoe County ("County") and the City of Englewood ("Subgrantee"). WHEREAS, the Agreement (in Section III.H), requires that if any Subgrantee project involves construction activities, then the Contractor selected by the Subgrantee must provide and maintain insurance in the amounts set forth therein; and WHEREAS, pursuant to Section III. H.6, the Subgrantee desires that the County waive a portion of the insurance requirements of Section III.H of Agreement; and WHEREAS, the County agrees to the waiver as noted herein. NOW, THEREFORE, IT IS AGREED by the County and the Subgrantee as follows: 1. The Subgrantee shall require its selected Contractor to provide and maintain general liability and property insurance in an amount not less than $100,000 by the Contractor and to provide and maintain automobile liability insurance and workmen's compensation insurance required by Colorado law. Proof of such insurance shall be provided to the Subgrantee. 2. The Subgrantee and the County reaffirm the provisions of Section III.F., concerning administration and indemnification concerning performance of the Agreement. 3. All other provisions of the Agreement not inconsistent with this Addendum Number One are reaffirmed. In Witness Whereof, the Parties have caused this Addendum to be duly executed this day of Attest: Clerk to the Board Donetta Davidson Subgrantee:~~~C~i~t~y.__o=-=-f-=E~n~g~l~e=w"'-=o~o~d:;__~- Thomas J. Burns Title: Mavor Board of County Commissioners Arapahoe County, Colorado Polly Page, Chairman COUNCIL COMMUNICATION DATE: February 18, 1997 AGENDA ITEM SUBJECT: Intergovernmental 11 a i Agreement INITIATED BY: Housing Authority STAFF SOURCE: Janet Grimmett, Acting Executive Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION: Passage of Ordinance No . 39, Series of 1994 and passage of Resolution No. 77, Series of 1996 supporting Housing RECOMMENDED ACTION: Approve a Bill for an Ordinance authorizing the execution of Intergovernmental Subgrantee Agreements for the 1997 Arapahoe County Community Development Block Grant Program between the Arapahoe Board of County Commissioners and the City of Englewood. BACKGROUND. ANALYSIS. AND ALTERNATIVES IDENTIFIED: The Federal Community Development Block Grant (CDBG) Program provides grants to units of local government and urban counties to meet housing and community development needs . The objective of the Program is achieved through projects developed by the local government which are designed to give maximum priority to those activities that will benefit low and moderate income families. Funds are allocated by statutory formula to each entitlement area. Arapahoe county is an approved entitlement area. The grant funds are distributed on a formula basis to participating cities within Arapahoe County. For 1997 funds are approved to support the City of Englewood's continuing Housing Rehabilitation Project, the Broadway Corridor Improvement Project, and to provide funds for the Family Self Sufficiency Program sponsored by the Englewood Housing Authority with the following amounts: 1. $154,020 to administer, monitor and rehabilitate 10 low-income units scattered throughout the City; • 2. $10,000 3. $50,000 to support Family Self Sufficiency Program; and, to replace one low-income, owner-occupied, housing unit within the Broadway Corridor area. FINANCIAL IMPACT: The City provides matching funds for staff necessary to administer the Housing Rehabilitation and Broadway Corridor Improvement Projects. LIST OF ATTACHMENTS: Bill for an Ordinance .