HomeMy WebLinkAbout1998 Ordinance No. 023~·
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ORDINANCE NO.~_)
SERIES OF 1998
BY AUTHORITY
COUNCIL BILL NO. 15
INTRODUCED BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL SUBGRANTEE AGREEMENT FOR THE 1998
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 covering the City's participation in the Arapahoe
County C.D.B.G. Entitlement Program as extended by Amendment No. 1, for
funding years 1998 through 2000; 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, 1998 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 l. The Subgrantee Agreement for the 1998 Arapahoe County Community
Development ~lock Grant Program is attached hereto as Exhibit A.
Section 2. The Subgrantee Agreement for the 1998 Arapahoe County Community
Development Block Grant Program is 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 .
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Section 3 . The City Manager shall be authorized to further extend the Subgrantee
Agreement For the 1998 Arapahoe County Community Development Block Grant
Program as needed.
Introduced, read in full, and passed on first reading on the 16th day of March, 1998.
Published as a Bill for an Ordinance on the 20th day of March, 1998.
Read by title and passed on final reading on t he 6th day of April, 1998.
Published by title as Ordinance No .d,3 Series of 1998, on the 10th day of April,
1998 .
I , Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy of the Ordin e passed on final
reading and published by title as Ordinance No. 23, Se ·es of 98.
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SUBGRANTEE AGREEMENT FOR
1998 ARAPAHOE COUNTY
C01\1MUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGBANT.EE: OlY OF ENGLEWOOD
PROJECT: BROADWAY CORRIDORlMPROVEMENTS
This Agrecnem is made by and between the Board of County Commissioners of the Caumy of Arapahoe,
St.ate of Coiorado, for the Community Devdopmem Block Grant Program in the Cormminity Semces
Departme:It (hc:reinaftcr refuned to as the Coumy) and the City ofE.ngiewood (baeinafter refi:ued to as the
SubGramee) for the conduc: of a Community Devdopmcm Block Gmtt (CDBG) Projec:: fur Program Year
1998.
L PURPOSE
The primary objective ofTrtie I of the Housing and Community DeveioPmc:nt Ac: af1974, as amended, and of
the Community Development Block Grant (CDBG) Program under this Title is the devdopme:rt: of viable
urban communities, by providing decent housing, a suitable living enviromncm and expanding economic
oppormniries, principally for low and moderate income persons.
The projec: by the City of Englewood known as the Broadway Corridor Improve:nems Project (Project) has
been categorized as a Housing Construc:ion projec: undenaken by a Community Based Devdopme:rt:
Organization. and the SubGtantee will maintain dccumemmion with the national objec:ive ofLimited Cliemeie
activities.
The SubGr.mtee may proceed to incur costs fur the Projec: as of May 1, 1998 unless made contingent under
Section II-E. Labor Standards, or Section II-F . Enviromnemal R.e-liews, beiow, and/or subject to the
SubGrantee n=:ving an official "Notice to Proce:d" from the County.
Il. WORK TO BE COMPLETED BY THE SUBGRANTEE
The following provisions outline the scope of the work to be completed:
Funding will be uriiizerl to demolish and reconstruct one single fumily home within Engiewood that is too badly
deteriorated to qualify fer the City's regular Housing Rehabilitarion program. Additional funds required for the
projec: 'Nill be provided through a local banking consortium.
A. Payment
It is ~ agreed and understood that the total amowtt to be paid by the Caumy uncie:" this
contract shall not exceed SS0,000.00 . Drawdowns fer the payment of eligible expenses shall be made
against the line item budgets specified in E.-dnbit B and in a.ccordanc:e with performance.
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B. TUDdine
All Project activities will be completed by April 30, 1999 unless this Agreement is modified by mutual •
~of the Olumy and SubGrantee.
C. Performance Criteria
Project fimcfing will accomplish the following:
SubGramec will demolish and rcccnsttuct one single fumily home within the C'lty ofEngicwood that is
too badly deteriorated to benefit from the City's Housing R.ehabilitarion· program. Construction is to
be ccmpieted in a.ccordance with industry standards and any locally applicable building codes and
standards.
D.; RqJorting Requirements
1. Each SubGrantee Drawdown Request will indude progress .reports for the period for
which payment is being requested.
2. Quarterly projec: reports will be due within 30 days following the end of each quarter
(March 31, June 30, September 30, December 31) until the Project is completed.
3. Project Completion Repon is due 45 days after completion of the Project.
4 . Audit Reports and Fmanciai Statements: The official amrual audit and/or Fmancial •
Statements fer the SubGrantee in which both revenues and e:cpenditures for the CDBG
Projects descnOed herein are detailed are due annually, not Iarer than June 30 of each
yeM.
E. Labor St:mdards (Davis-Bacon)
It is detcmDned that:
Project does not require compliance with federal labor standards.
F. Environment:d Reviews
A site specific environmemal review must be completed by Arapahoe County staff prior to the
SubGramec committing funds to an individual housing site.
llL RESPONSIBJLITIE.5 OF THE SUBGRANTEE
A. Feder:d Compliance
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The SubGramee shall take ail actions that are appropriate and required of it to compiy with the
applicable provisions of the grant agreements rca:ived from the U.S. Department of Housing and
Urban .Deveiopment (HUD) by the County. These inciude but are net limited to compftdUll"l! with the
provisions of the Housing and Community Devempmcm Aa of 1974 (AClj and ail Rules and
Regtziarions, guidefines and cirallars promuigated by the various federal depat1111ents, agencies,
administrations and commissions rdating to the CDBG Program. More speciiically, the SubGtam:ee
and the Coumy shall each take ail required actions to comply with the provisions of24 CFRPart 570,
T"Itle VI of the Civil Rights Act of1964, T"rtie VIIl of the Civil Rights Act of 1968, Section 104 (b) and
109 of the Housing and Community Deveiopmem Aa of 1974, 24 CFR Part 85, Subpart K afHUD1s
Uniform Administrative Requirement for Grants and Cooperative Agreements, the regniarions 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 herero as Exfuoit A and incorporated herein by this reference is a summary of provisions
associated with the Community Deveiopment Block Gram Program which shall be fb.llowed by the
SubGrantee unless it is detennined to be inapplicable. Additionally, in accordance with 24 CFR Part
570, no employee, official, agent or consultant of the SubGramee shall e:cr:n:ise any function or
respoI1S1oility in which a conflict of interest. real or apparem, would arise. The Subgiamee cannot
engage in a federally funded contract with any entity registered in the Lists of Parries &duded From
Federal Proclremem or Nonprocuremem Programs.
B. Supervision and Administrative Controi
As to any projects conducted during Program Y e.ar 1998, the SubGrantee agrees, in accordance with
Section ill. paragraph A above, that the County shall have ultimate supcvisory and administrative
respoI1S1bility, but the SubGrantee shall be respoI1S1bie for the expenditure of the funds allocated for its
Projects or ac:ivities and for the construction or performance of its Projects or activities in compliance
with ail applicable Federal laws and requiremenrs reiaring to the CDBG Program.
C. Non-Appropriations Oause
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 protec: itself and the County from any Iiabi1ity or
respoI1S1bility 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 starutes control rather than the provisions of
Section 24-91-103 .6, C.R.S. with regaro to any public work projects.
D. Expenditure Restrictions
All CDBG funds that are approved by HUD for e::cpenrliture under the Coumys gram agreement.
including those that are identified fur the SubGraIJteels Projects and activities, shall be allocated to the
speciiic projects and activities descnbed 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
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No projeas or aaivities, nor the amount allocated therefor, may be changed without approvai by the
County and aca:ptance of the revised Fmai Stau:mctt and/or Consolidated Plan by HUD, if required. •
Oianges must be requested in writing and may not begin umil a modification to this Agrecru:m is fully
exeanesi
F. DireC:t Projects Supervision and Administntion
The SubGrantec shall be responsilile for the direct supervision and administration of its respective
projects or activities. This task shall be accomplished through the use of the SubGtamee's staJI: agency
and employees. The SubGrnntee shall be responsible fur any injwy to persons or damage to·property
resulting from the negligent acts or errors and omissions of its staft: agents and employees.
Subgrantee, within its legal ability to do so under the Constitution of the State of Colorado and its
home-rule charter (If Comractcr 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 Governmemal Immunity Ac: (Sec. 24-10-101, et seq. C.RS.), the Colorado
Constitution, its home-rule charter or under the common law \Or the laws of the United States or the
State of Colorado, shall indemnify and save hamtless the County against any and ail damages which are
recovered under the Colorado Governmental Immunity Act and reduced to final judgemem in a court
of competent jurisdiction by reason of any negligent act or omission by Subgrantee, its age:itS, offices,
or employees, in connection with the performance of this contract.
G. Indemnity
Because the SubGrarnee is respoilSlbie for the direct supe:vision and a.dministrarion of its projects or •
acrivit:ies, the County shall not be liable or responsibie for cost ovemms by the SubGramee on any
projects or activities. The County shall have no duty or obligation to provide any add.itionai funding to
the SubGrantee if its projects or activities cannot be compl~~ with the funds allocated by the County
to the SubGrantee. AII'j cost overruns shall be the sole respoI1S1bility of the SubGrantee.
1. The SubGrantee agrees that ail funds allocated to it for an approved projects or
aaivities shall be used solely for the purposes approved by the County. Said funds
shall not be used for any non-approved purposes.
2. The SubGrantee agrees that the funds allocated for any approved projects or ac::iviries
shall be sufficient to complete said prcjec:s or activities without any additional CDBG
funding.
H. Insurance
If the SubGrantee1s projects involves construction activities, any Contractor it uses for said activities
shall be required to provide and maintain, until final acceptance by the SubGrantee of all work by such
Contractor, the kinds and minimum amounts of insurance as follows:
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1. Comprehensive General Liability: In the amount of not less than S600,000 combined
singie limit. Coverage to indude:
a. Premises Operations
b. ~Completed Operations
c. Broad Form Comracmai .Liability
d. Indepemicm CDDttactors
e. Broad Fenn Property Damage
f. Employees as Additional Insured
g. Personai Injury
h. Arapahoe Coumy and the SubGrantee as A.ddirionai Named Insured
L Waiver of Subrogation
2. Comprehensive Automobile Liability: In the amowtt of not less than $600, 000
combined singie limit for bodily injury and property damage. Coverage to indude:
a. Arapahoe County and the SubGrantee as additional Named Insured
b. Waiver of Subrogation
3. Employers I..iability and Workers Compensation: The Contractor shall secme and
maintain empioyer's liability and Worker's Compensation Insurance that will protect it
against any and all claims resulting from injuries to and de:llh of workers engaged in
work under any contract funded pursuant to this agre=nent.. Coverage to include:
a. Waiver of Subrogation
4. Additional Named Insured: All referenced insurance policies and/or certificates of
insurance shall be subjea to the following stipularions:
a. Underwriters shall have no rights of recovery subrogation against Arapahoe
County or the SubGrantee; it being the irnem of the parties that the insurance
policies so dfeaed shall protect the parties and be primary coverage for any
and all losses covered by the descnbed insurance.
b. The clause entitled "Other Insurance Provisionsn contained in any policy
including Arapahoe County as an a.ddirional named insured shall not apply to
Arapahoe County or the SubGrantee.
c. The insurance rompanies issuing the policy or policies shall have no recourse
against Arapahoe County or the SubGrantee fer payment of any premiums due
or for any assessments under any form of any policy.
d. Any and all deducnbies contained in any insurance policy shall be assumed by
and at the sole risk of the ContraC"..or .
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5. Cerrific:ttc of Insurance: The Contractor shall not commence work uru:ie:r any comrac:::t
funded pursuant to this Agrcc:mctt until he has submitted to the SubGramee, recCved
approva1 thcreo~ ccnificates of insurance showing that he has complied with the
fcn:gcing insurance requjremenrs. The SubGrantee shall also submit a copy of the •
Comraaon ccnificates afinsur.mcc to the Coumy.
6. Ncnwithszanding the provisions comaincd in this paragraph (H) set forth hen:inabove,
the County reserves the right to modify or waive said provisions for projc:cts or
activities for which these provisions wouJd prove prohloitive. The SubGrantee
unde:stmds, however, that the decision to waive or modify those provisions is fully
within the discretion of the County.
L Records
The SubGramee shall maintain a complete set of books and records documenting its use of CDBG
funds and its supe:vision and administration of the Project. The SubGrantce shall provide full access to
these books and records to the Coumy, the Secctuy ofHUD.,or his designee, the Office ofTnspectcr
General, and the General Accounting Office so that compliance with Federal laws and regulations may
be confumed. The SubGrantee further agrees to provide to the County upon request, a copy of aey
audit reports pernllning to the SubGranteeis financial operations during the term of this Agreement.
J. Reporting
The SubGrantee shall file all reports and other information necessary to comply with applicable Federal
laws and regularions as required by the County and HUD . This shall indude providing to the County •
the information necessary to complete annual Grantee Performance Reports in a timeiy fashion.
K. T.uneliness
The SubGrantee has ~mitted to the County, along with its proposal. a description of the work to be
perl"ormed, a budget, and a timetable delineating the length of time needed fer each Project phase, if
applicable, through the completion of the projects. The SubGramee shall comply with timetable fur
completion of the projects. The SubGrantee undcsrands that f.D1ure to comply with the timetable may
lead to a C3Ilceilarion of the Project and a loss of all unexpended funds, unless the County determines
that there are e::ctemlating ciralmstances beyond the SubGrant:e:!s control and that the projects will be
completed within a reasonable length of time. The timetable's implememarion shall begin when the
County provides written notification to the SubGtantee to proceed.
L Reimbul'R!llent for Expenses
The Su.bGrantee agrees that before the County can distribute arI'f CDBG funds to it, the SubGrantee
must submit to the County's Housing and Community Deveiopmem Services Division daaunentation
in the form required by that Division which properly and fully idem:iiies the amount which the
SubGrantee is requesting at that time. The County shall have ten (10) working days to review the
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request. Upon approval of the request, the County will distribute the requested funds to the
SubGtantee as soon as possioie.
M. Program Income
All program income derived from the Arapahoe County Conmnmity Deveiopmctt Block Grant
Program reccM:d by the SubGtantee will be rmined by the SubGrantee and will be dispersed fur its
approved CDBG project a.c:tivities befure additional CDBG funds are requested from the County.
Foilowing annpletion of the S~s Arapahoe Coumy CDBG Projects, all program income
directly gem:rared from the use of CDBG funds will be renitted to the Cowtty.
N. ASRt .Management
krj single parcci of real property under the SubGr.mtee's ccntroi that was acquired or improved in
whole or in part with CDBG funds in excess of S2.5, 000. will either.
I. Be used for an eligilile CDBG activity, as detemrined 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 Coumys being reimbursed in the amount
of the current fuir market value of the property less any portion of the value attnDutable
to expenditures of non-CDBG funds for acquisition of; or irnprovemems to, the
property. Reimbursement is not required after five (5) years following completion of
the SubGrantee's projec:s.
0. 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 SubGtantee 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.
Q. Subcontr.ads
If subconttacts are used on the Projec:, the SubGrantee agrees that the provisions of this Agreement
shall apply to any subcontract
R. Suspension or Tenninatioo
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This Agrecmcm may be suspended or terminated by the Cowny if the SubGramee marcrially fiWs to
ccmpiy with any tenn of this Agreement. This Agrecmcm may aiso be te:mioared fer convcnic:nce by
mutual agreement of the Cowtty and the SubGrantee. •
S. In the evem that the Unit of General Local Government should withdraw from the <Aumys "Urban
Coonty-designation, this Agre:mctt shall temriuate as of the tomination date of the CDumys CDBG
grant Agreement with HUD.
T. The SubGramee certifies that to the best ofits knowiedge and belief
1. No Federal appropriated fimds have been paid or will be paid, by or on behalf of it, to
any person fer intfoencing or attempting to infiuc:nce an officer or employee of any
agency, a Member of Congress, an officer or employee of CDngress, or an employee of
a Member of Umgress in connection with the awarding of any Federal comrac:t. the
making of any Federal gram, the making of any Federal loan, the entering into of any
cooperative agreement, and the e::ctension, continuation, ren~ amendment, or
modification of any Federal com:rac:t, gram, 103111. or cooperative agreemctt; and,
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for infiuencing or attempting to in:iiuence an officer or employee of any agency,
a Member of Congress. an offic:r or employee of Congress, or an employee of a
Member of Congress in cormection with this Federal contract, grant, loan, or
cooperative agreement, it 'Nill compl~..e and submit Standard Form-LLL, "Disclosure
Form to Repon Lobbying," in aa:ordance with its instructions.
U. DisaJlowancc
If it is determined by HUD or other federal agency that the expendirure, in whole or in part, for the
Su.bGrantee1s Project or activity was improper, inappropriate or ineligible for reimbursement, then the
Su.bGrantee shall reimburse the Cowtty to the full extent of the disallowance.
IV. RF.SPONSlBll..ITIES OF THE COUN1Y
A. Legal Liability and Responsibility
The Parties recognize and ~ that the County 'Nill be the governmental entity required to
execute all grant agreements received from HUD pursuant to the Coumys requests for CDBG funds
and that it will thereby become and will be hdd by HUD to be legally liable and responsible for the
overall administration and pe:fcrmance of the CDBG programs, including the projects or activities to
be conducted by the SubGrantee. Aa:ordingiy, the SubGramee agrees that as to its projects or
activities peiformed or conducted under any CDBG agreement, the County shall have the neces.s;u y
administrarive control required to meet HUD requirements.
B. Performance and Compliance Monitoring
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The <:oumys supervisoty and admioishative ob6garirnJs ta the SubGtamee pumiant tD paragraph A:.
above shall be fimited ta the pc::tinmm::e of the aclmioj"11ative tasks. no essa•y to make CDBG 1iIDds
awilabJe ta the SubGianD:e and ta provide a Monitming Speciaiist whose job it will be tD me 111itu1 the
various projeds fimctrd with CDBG monies ta ensure that they c:mnpiy with appiK:abic: Fedeal Iaws
am mgt'latinns
C~toHDD
The County will be 1e:sponsible fDr a:m&miug the annpfianc:e of the SubGralm:e's Project with
applicable Federal Jaws. and regulations The County will fbrtiH:-be xesponsibie mr seeing that all
oecessa1y .reports and.iati.llmation are filed with HUD and other appiicable Federal ageocies in a timely
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In Wrtncss Whc:rect: the Parties have caused this Agreement to be duly ex.eartrri this __ day of
___________ 1998.
By.~---------------
Title:.~--------------~
Board of County Commissioners
Arapahoe County, Colorado
Debra A Viclaey, Chairman
Attest:
Oerlc to the Board
Donetta Davidson
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EXHIBIT A
CO~ITY DEVELOPMENT BLOCX GRANT PROGRAM
CONTRACT CLAUSES
Scooe of Work 24 C.F.R. § 570.503(b)(l)
Should be clear, quantified, with performance c=iteria bu.il.t
in. PerfoDnance to include accomplishment of the produ~,
method of accomplishment, timing, milestones and persorutel
assigned. There should be a very specific budget, organized
by task as well as line item.
Contract Administration 24 C.F.R. S 85.36(b)(ll)
Procedures regarding all contractual and administrative
issues . Th.is must include procedures-for cb.anging the
scope, specifications, budget, or other provisions. Where
OMB Circular A-110 applies, see Attachment O, Par. 3.c.(9).
Uniform Administration 24 C.F.R. S 570.502
Compliance with the requirements of 24 C.F.R. Part 85,
sometimes refer=ed 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 Principles 24 C.F.R. S 570.502
Compliance with the provisions of OMB Circular A-87 or
A-122, as applicable.
Conflict of Interest 24 C.F.R. S 570.611
No employee, officer or agent of the subgrantee shall
participate in selection, or in the award or administration
of a cont=act if a conflict of interest, real or apparent,
would be involved. See also 24 C.F.R. S 8S.36(b)(3) or OMB
C.i.=c ular A-110, Attachment O, Par. 3.a., as applicable.
Recordkeeoing Z4 C.F.R. S 570.503(b)(2)
Describe records that must be maintained, including
eligibility, national objectives, financial, equal
opportunity, etc. See also 24 C.F.R. S 570.506 .
Report:incr Reoui.=ements 24 C.F.R. S 570.503(b)(2)
Describe all reporting requ.i_rements necessa.x-j to verify •
accomplishment toward meeting the project scope and to
demonstrate compliance with other requ.L...-ements. See al.so
24 C.F.R. S SS.36(i)(7) or OMB Ci.rcular A-110, Attachment R,
as applicable.
Patents and Cocvriqhts 2 4 C. F . R. S 8 5 . 3 6 ( i) ( S ) &_ ( 9 )
Include any applicable provisions regarding rights to
patented inventions and copyrighted material. resulting from
the CDBG contract. Where OMB circular A-110 applies, see
Attachment 0, Par. 4.h.
Access to Records 24 C.F.R. S 85.36(i)(l0).
Access by city/county, Compt-...-oller General, Sec=etary 0£ mJD
and their representatives I to any reCOrds relating tQ the
project. Where OMB C.ircu.lar A-110 appli.es, see
Attachment 0, Par. 4.i.
Retention of Records 24 C.F.R. S 85.36(i)(ll)
All records relating to the project must be retained three
years after project aud.i.t/close out. Where OMB Circular
A-110 applies, see Attachment c.
Program Income 24 C.F.R. S 570.503(b(3}
Description of all guidance on the di.sposi-=.ion and use of
program income. See also 24 C.F.R. SS 570.SOO(a) and
570.504
.... Revers ion of Assets 24 C.F.R. S 570.503(b)(8)
Provisions regarding the return of excess funds and
requixements regarding the post-closeout use of real
property acquired or improved with CDBG funds.
Breach of Contract 24 C.F.R. § 8S.36(i)(l)
Admin.ist::i:::ati.v.e, contractual and legal remedies in instances
of breach · of· ·cont=act, includiiiq sanctions and penalties.
Where OMB Circular A-110 applies, see Attac!unent O,
Par. 4.a.
Termination 24. C.F.R. S 85.36(i)(2)
For all contracts in excess of $10,000, desc=iption of how
and under what circumstances a contract mav be tei:minated
f ~r cause and for convenience, including t.~e basis far
settlement. Where OMB Circular A-110 applies, see
Attachment 0, Par. 4.b.
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Audit 24 C.F.R. S 570.502
Compliance with OMB Circular A-128 (State and local
gover1llllents) or A-133 (Nonprofits and higher education
institutions). See also 24 C.F.R. Part 44 and
24 C.F.R. S 85.26.
Lobbvincr 24 C.F.R. Part 87
No CDBG funds may be expended for lobbying purposes and
payments f=om other sources for lobbying mu s t be discicsed..
Religious Orcranizations 24 C.F.R. § 5 /0.503(b)(5)
Limitations and conditions on the use of CDBG funds by
religious· organizations. See also 24 C.F.R. S 570.200(j).
Resident Aliens 24 C.F.R. § 570.613
•' Newly legalized resident aliens are not eligible to aPi:>lY
for CDBG funded direct benefits such as services, jobs and
housing rehabilitation.
Uniform Relocation Assistance
and Real Prooe~v Acquisition
Policies Act runiform Act ) 24 C.F.R. § 570.606
Reauirements for real prope_""ty acquisition procedures and
be~efits and services that anyone displaced must receive.
Bondina and Insurance 24 C.P.R. § 85.35(h)
Include with const...--uction cont=acts with estimated cost 0£
$100,00 or more. Requires bid guarantees (5% of the bid),
performance bond (100% of the cont--act price) and payment
bond ( 100% of the contract price). Where OMB Ci.rcul.ar
A-110 applies, see Attachment B and Attachment O, Par. 4.c.
Labor Standards 24 C.F.R. S 570.603
In all construction contracts over $2,000 (except for
housing rehabilitation of prope~ies containing less than a
dwelling units), Davis-Bacon Act and related labor standards
requiJ:ements;_apply. Use current wage rates applicab.le to
the projec~ and HUD-4010 which includes all required
references. See also 24 C.F.R. S 85.36{i){4), (S) and (6)
or OMB C.L.-cular A-110 Attachment O, Pars. 4.e., f., and q.,
as applicable.
Debarred Cont=actors 24 C.F.R. § 570.609
Prohibits use of debarred, suspended or ineligible
cont=actors or subrecipients in any contract .
Environmental 24 C.F.R. § 85.36(i)(l2)
For all contracts and subccnt=acts over Sl00,000, inc.lade
compliance with standards, orda.~ and requ.i.rements issued
under Section 306 of the Clean Air Act., Section 508 0£ the
Cl.ean Water-Act, E%ecutive Order 11738 and environmental.
Protection Agency regulations at 40 C.F. R. Part l5. Where
OMB CJ.rcula.r A-110 applies, see At't..achment 0, Par. 4.j.
Flood Insurance 24 C.F.R. § 570.505 .•
For acquisition rehabilitation, or construction in spec.:i:i.l
flood hazard areas ( as deteDtined by FEMA) , propert:y mu.5t
have flood insurance.
Energy Ef f iciencv 24 C.F.R. 8S.36(i)(l3)
Compliance with mandatoJ:Y energy efficiency standards cind
policies in State energy conservat.ioa plan issued in
compliance with the Energy Policy and Conservation Act (Pub.
L. 94-163). See also 24 C.F.R. Pa.rt: 39. There is no
equivalent provision in OMB C.L.-.,:ular A-110.
Lead-Based Paint 24 C.F.R. § 570.608
Prohibits use of lead-based paint in
Requires notification of occupants.
inspection, testing and abateme.~t in
circumstances.
residential st...-uctures .•
Provides for.
specified
Asbestos EPA/OSHA
Where asbestos is present in prope_---ty undergoing
rehabilitation, Federal requirements apply regarding worker
exposure, abatement procedures and disposal. See Notice
Cl>D-90-44 for further details.
Title VI of the
Civil Rights Act of 1964 24 C.F.R. § 570.60l(a)
Compliance with P .L. 88-352. Applies to all projects.
Prohibits discrimination on grounds of race, color or
national origin. Covers both the delivery of, and the
participation in, all CDBG profec-=s. See also 24 C.F .R.
Part l.
Fair Housing 24 C.F.R. § 570.60l(b)
. Compliance with The Fair Housing Act.. Prohibits
d.iscr.iminat.ion on the basis of race, color, religion, sex,
national origin, handicap or familial status in all
activities inyolving the sale..< z:~utal or financing of
housing. Public law90-284 and E.u. llUbI-
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Discrimination Prohibition 24 C.F.R. S 570.602
Under provision of Section 109 of the HCD Act of 1974, as
amended, discrimination is prohibited an 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
Handicap 24 C.F .R. P~ 8
Compliance with Sec. 504 requi.rements. Covers prohibited..
discrimination in employment, benefits and programs. ·:-
Establishes requirements for applying Unifo:::n Federal
Accessibility Standards (UFAS) (see 24 C.F.R. Part 40 for
UFAS) to cont=ac~. Note that UFAS and "ANSI Standards"
differ in .important respects.
Age Discrimination 24 C.F.R. P~ 146
Covers prohibited discrimination by recipients and
subrecipients in all aspects of assisted programs.
Discrimination in Emnlovmant 24 C.F.R. S 570.607(a)
For construction cont=acts over $10,000, prohibits
discrimination in employment by making Exec~tive Order 11245
and related provisions applicable .
Emplovment, Trainincr and
Contracting Occortunities 24 C.F~R. § 570.607(b)
Under provisions of Section 3 of the Housincr and Urban
Develooment act of 1968, requires oppo~unit.ies for training
and employment of lower-income persons and opportunities for
contracting wi t.."1 local f.iJ:ms • Applies to a.1.l contracts •
Minoritv Business Enterprise 24 C.F.R. § 85.36(e)
Covers requi.red actions by recipient and contractors to
secure participation of f.iJ:ms owned and cont-..-olled by
minorities, women and residents of labor su...-:::ilus areas.
Where OMB Ci.rcular A-110 applies, see Attacrunent O,
Par. 3.c. (3).
Compiled by:
Office of Community Planning
and Development
Region VIII (Denver)
June 1991
• EXBIBITB
PROJECT BUDGET
COLUMN A COLUMNB COLUMNC COLUMND
Pftfed.A.at•-Et! 'T.-.a.tfll CDBCF.-. <>elw-P..-C Ill I
(~..,. ....... A.alMtr
'•
D litianda
""" of
100.000 50.000 50.000
~ llamiag Ullit
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Tar.AL; 100.000 I 50.000 50.000
Dote ~12.1998
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ADDENDUM NUMBER ONE
TO THE 1998 COMMUNITY DEVELOP.MENT BLOCK GRANT
BROADWAY CORRIDOR IMPROVEMENTS SUBGBANTEE AGREEMENT
This ADDENDUM NUMBER ONE modifies the Ar.lpahoc Caunty Comrmmity Deveicpmc:tt Block Gram
SubGramce Agreemc:m r Agreemctt") by and between Arapahoe County ("Cmmtyj and the 01y af
F.ngiewood ("Subgramcej.
WHEREAS, the Agreement (m Section .III.H), requires that if any Subgrantee project involves construction
activities, then the Cormactor sciectcd by the Subgiamee must provide and maintain insurance in the amounts
set furth therein; and
~ pur.;uant to Section Ill H.6, the Subgramee desires that the Cowny waive a portion of the
insurance requirements of Section III.H of Agrcemc:m; and
WHEREAS, the County agrees to the waiver as noted herein.
NOW, THEREFORE, IT IS AGREED by the Cowtty and the Subgrantee as follows:
1. The Subgrantee shall require its seieaed Contractor to provide and maintain general liability and
property insurance in an amount not less than Sl 00, 000 by the Contractor and to provide and
maintain automobile liability insurance and worianen's compensation insurance required by Colorado
law. Proof of such insurance shall be provided to the Subgrantee.
2. The Subgramee and the County reaffirm the provisions of Section III.F., concerning ad.ministration
and indemnification concerning perfonnance of the Agreement.
3. All other provisions of the Agreement not inconsistent with this Addendum Nwnber One are
reaffirmed.
In Wrtness Whereat: the Parties have caused this Addendum to be duly executed this ----day of
1998. ___________ __,
Subgrant:ee: ___ ---=C=ity...__ofE-=-n=gi--ewo ____ od-=-----
B~--------------~
Titie: ----------------
Debra.A Vickrey, OW• ntan
Attest:
aerie to the Board
Donetta Davidson
' ,
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• COUNCIL COMMUNICATION
Date Agenda Item Subject Intergovernmental
Agreement for Community
Development Block Grant
March 16, 1998 11 a i Funding
Initiated By Staff Sources
Englewood Housing Authority Cheryl St. Clair, EHA Executive Director
Janet Grimmett, Housing Finance Specialist
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Passage of Ordinance No . 39, Series of 1994, as extended by Amendment No. 1, for funding years
1998 through 2000; and , passage of Resolution No. 104, Series of 1997 supporting Housing.
RECOMMENDED ACTION
Approve a Bill for an Ordinance authorizing the execution of Intergovernmental Subgrantee
Agreements for the 1998 Arapahoe County Community Development Block Grant Program between
the Arapahoe Board of County Commissioners and the City of Englewood .
• BACKGRO,UND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Federal Commu ni ty 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 entitl em ent area. Arapahoe county is an approved entitlement
area. The grant funds are distributed on a formula basis to participating cities within Arapahoe County.
For 1998 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. $148,559
2. $ 10,000
3. $ 50,000
to administer, monitor and rehabilitate 12 low-income units scattered throughout the
City;
to support the 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
Proposed Bill for an Ordinance