HomeMy WebLinkAbout1998 Ordinance No. 024..
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ORDINANCE NO . d
SERIES OF 1998
BY AUTHORITY
COUNCIL BILL NO . 16
INTRODUCED BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL "SUBGRANTEE AGREEMENT FOR 1996 ARAPAHOE
COUNTY REAPPROPRIATED COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS" PERTAINING TO THE DISABLED ACCESS PROJECT BETWEEN THE
ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF
ENGLEWOOD .
WHEREAS , 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 vi able urban
communities , by providing decent housing, a suitable living environment and
expanding economic opportunities , principally for low and moderate income
persons ; and
WHEREAS, the 1997 Federal Community Block Grant Program provides grants to
both client and area benefit activities promoting decent housing and safe , accessible
neighborhoods; and
WHEREAS , the City is eligible for area benefit activities which are intended to
benefit primarily low and moderate income areas ; and
WHEREAS , Arapahoe County announced special funding availability of
Reprogrammed Community Development Block Grant Funds for a one-time "bricks
and mortar" project to be completed within 1998 ; and
WHEREAS, the project by the City of Englewood known as "Disabled Access
Project" has been categorized as a removal of architectural barriers activity; and
WHEREAS, the City will utilize funding to construct curb cuts in the North
Englewood area in order t o increase pedestrian safety and accessibility; and
WHEREAS , the project's boundaries are roughly bound by Amherst Avenue to the
north, Dartmouth Avenue to the South, Fox Street to the west and Acoma Street on the
east; and
WHEREAS , the total amount paid by the County to the City under this Agreement
shall not exceed $27 ,780 ;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO , THAT :
Section 1. The "Subgrantee Agreement for 1996 Arapahoe County Reappropriated
Community Development Block Grant Funds " pertaining to the Disabled Access
Project is attached hereto as Exhibit A.
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Section 2 . The "Subgrantee Agreement for 1996 Arapahoe County Reappropriated
Community Development Block Grant Funds" pertaining to the Disabled Access
Project 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.
Section 3 . The City Manager shall be authorized to further extend the "Subgrantee
Agreement for 1996 Arapahoe County Reappropriated Community Development
Block Grant Funds" pertaining to the Disabled Access Project 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 the 6th day of April, 1998.
Published by title as Ordinance No . gi, 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 $lf the Ordin passed on final
reading and published by title as Ordinance No.~ Series 1 8.
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SUBGRANTEE AGREEMEJ.'Vf FOR
1996 ARAPAHOE COUNTY REAPPROPRIATED
COMMlJNTIY DEVELOPMENT BLOCK GRANT FUNDS
This Agreement is made by and between the Board of Cmmty Commissioners of the County of Arapahoe,
State of Colorado, for the Community Development Block Grant Program in the Comnmnity Services
Department (hereinafter 1 db1 ed to as the County) and the Oty of Englewood, a rmmicipality in Arapahoe
County (hereinafter 1 efen ed to as the SubGrantee) for the conduct of a Community Deveiopmem Block Gram
(CDBG) Project for Program Year 1996.
L PURPOSE
The primary objective ofTitle I of the Housing and Community Development Act of 1974, as amended, and of
the Community Development Block Grant (CDBG) Program under this 'Iitle 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 Disabled Access Project (Project) has been categorized
as a Removal of Architectural Barriers Activity and the SubGrantee will maintain documentation with the
national objective ofLlmit.ed Oientele activities .
The SubGrantee may proceed to incur costs for the Project as of March 1, 1998 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.
IL WORK TO BE COMPLETED BY THE SUBGRANTEE
The following provisions outline the sco pe of the work to be compieted:
SubGrantee will utilize funding to construct curb cuts within the low/moderate income North Englewood area
in order to increase pedestrian safety and accessibility . The project's boundaries are roughly bound by Amherst
Avenue to the north, Darttnouth Avenue to the south, Fox Street to the west, and Acoma Street on the east.
A. Payment
It is expressly agreed and understood that the total amount to be paid by the County under this
contract shall not exceed $27,780.00 . Drawdowns for the payment of eligible expenses shall be made
against the line item budgets specified in Exhibit B and accordance with perfonnance.
B. TllDeline
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All Project activities will be completed by December 31, 1998 unless this Agreement is modified by
rmm1al agreement of the County and SubGrantee.
c. Performance Criteria
Project fimding will accomplish the following:
SubGrantee will construct approximateiy 20 curb ramps (m accordance with the standards established
by the Americans with Disabilities Act) within north Englewood.
D. Reporting Requirements
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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 each quarter
(March 31 , June 30, September 30, December ~l) until the Project is completed.
3 . Project Completion Report is due 45 days after completion of the Project.
4. Audit Reports and Financial Statements : The official annual audit and/or Financial
Statements for the SubGrantee in which both revenues and e.-cpenditures for the CDBG
Projects descnoed herein are detailed are due arnrually , not later than June 30 of each
year.
Labor Standards (Davis-Bacon Act)
It is determined that:
SubGrantee will contact Arapahoe County Housing and Community Development SeIVices Division
prior to bidding the project for federal labor standards compliance information.
F. Environmental Reviews
Enviromnental review will be completed by Arapahoe County to determine if further enviromnental
action is necessary.
m RESPONSIBILITIES OF THE SUBGRANTEE
A. Federal Compliance
The SubGrantee shall take all actions that are appropriate and required of it to comply with the
applicable provisions of the gram agreements received from the U.S . Depaicnent 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 Development Act of 1974 (ACf) and all Rules and
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Regnlarions., guidelines and circulars promulgated by the various fuderal departments, agencies,
administrations and commis,gons reiaring to the CDBG Program. More specifically, the SubGrantee
and the County shall each take all required actions to compiy with the provisions of24 CFRPart 570,
iJ.tle VI of the Civil Rights Act of1964, irtle VIlI of the C'Nil Rights Act of 1968, Section 104 (b) and
109 of the Housing and Community Devclopme:m Act of 1974, 24 CFR Part 85, Subpart K afHUD's
·Uniform Administrative Requiremem: for Grams 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 O:MB Cirruiar A-87, Cost Principles for State and Local Govermnents.
Attached hereto as Exhibit A and incorporated herein by this refi:rence is a summary of provisions
aswciated with the Community Developmem: Block Gram Program which shall be followed by the
SubGrantee unless it is determined to be inapplicable. Additionally, in accordance with 24 CFR Patt
570, no employee, official, agent or consuitam of the SubGrantee shall exercise any function or
respoI1Slbility in which a conffict of interest, rea1 or apparent, would arise. The Subgrantee cannot
engage in a federally funded contract with any entity registered in the Lists of Panies Excluded From
Federal Procurement or Nonprocurement Programs.
B. Supervision and Administrative Control
As to any projects conducted during Program Year 1996, the SubGrantee agrees, in accordance with
Section Ill, paragraph A above, that the County shall have ultimate supervisory and administrative
respoI1Slbility, but the SubGrantee shall be respoI1S1ble for the expenditure of the funds allocated for its
Projects or activities and for the consnuction or performance of its Projects or activities in compliance
with all applicable Federal laws and requiremenrs relating to the CDBG Program.
• C. Non-Appropriations Gause
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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 stmrtes control rather than the provisions of
Section 24-91-103.6, C.RS. with regard to any public work projects.
D. Expenditure Restrictions
All CDBG funds that are approved by HUD for expenditure under the Cournys grant agreement,
including those that are identified for the SubGramees 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
No projects or activities, nor the amount allocated therefor, may be changed without approval by the
County and acceptance of the revised Fmal Statement and/or Consolidated Plan by HUD , if required.
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Changes must be requested in writing and may not begin until a modllicarion to this Agreement is fully
exeatted..
F. Direct .Projem Supervmon and Administntioo
The SubGrantee shall be respoI1S1ole for the direct supervision and adrninistrarion of its respective
projects or activities. This task shall be aa:omplished through the use of the SubGrantees ~ agency
and employees. The SubGramee shall be responsible for any injury to persons or damage to property
resuiting from the negligent acts or errors and omis&ons of its sta:tI: agents and employees.
Subgrantec, within its legal ability to do so under the Constitution of the State of Colorado and its
home-rule charter ( rf Contractor is a home-rule municipality) and without in any wey or manner
intending to waive or waiving the defenses or limitations on damages provided for under and pursuant
to the Colorado Govennnemal Immunity Act (Sec. 24-10-101, et seq. C.RS.), the Colorado
Constitutio~ 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 harmless the County against any and all damages which are
recovered under the Colorado Govennnental Immunity Act and reduced to final judgement in a court
of competent jurisdiction by reason of any negligent act or o~on by Subgramee, its agents, officers,
or employees, in connection with the performance of this contract.
G. Indemnity
Because the SubGrantee is responsible for the direct supervision and adrninistrarion of its projects or
activities, the County shall not be liable or respo11Siole for cost overruns by the SubGrantee on any
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projects or activities. The County shall have no duty or obligation to provide any additional funding to •.
the SubGrantee if its projects or activities cannot be completed with the funds allocated by the County
to the SubGramee. Any cost overruns shall be the sole respoilSlbility of the SubGrantee.
1. The SubGrantee agrees that all funds allocated to it fur an approved projects or
activities shall be used soleiy 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 activities
shall be sufficient to complete said projects or activities without any additional CDBG
funding.
H. Insurance
If the SubGramee1s projects involves consouction activities, any Contractor it uses for said activities
shall be required to provide and maintain, wrt:il final acceptance by the SubGrantee of all work by such
Contractor, the kinds and minimum arnowns 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
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Products/Completed Operations
Broad Fann Contracrual Liability
Independent Comractors
Broad Fann Property Damage
Employees as Additional In.sured
Personal Injwy
Arapahoe Cowny and the SubGrantee as Additional Named Insured
Waiver of Subrogation
2 Comp1ehensive Automobile Liability: In the amount of not less than $600,000
combined single limit for bodily injwy and property damage. Coverage to include:
a. Arapahoe County and the SubGrantee as additional Named Insured
b. Waiver of Subrogation
3. Employers Liability and Workers Compensation: The Contractor shall secure and
maintain employer's liability and Workers Co~ensarion 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:
4.
a. Waiver of Subrogation
Additional Named Insured: All referenced insurance policies and/or certificates of
insurance shall be subject to the following stipulations:
a. Underwriters shall have no rights of recovery subrogation against Arapahoe
County or the SubGramee; 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 descnbed insurance.
b. The clause entitled "Other Insurance Provisions 11 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 reco~
against Arapahoe County or the SubGrantee fur payment of any premiums due
or for any assessments under any fonn of any policy.
d. Arry and all deducnbles contained in any insurance policy shall be assumed by
and at the sole risk of the Contractor.
5. Certificate ofinsurance: The Contractor shall not commence work under any contract
fimded pursuant to this Agreement until he has submitted to the SubGrantee, received
approval thereat: certificates of insurance showing that he has complied with the
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foregoing insurance requirements. The SubGramee shall also submit a copy of the
Contractors certificates of insurance to the County.
Notwithstanding the provisions contained in this paragraph (H) set forth heremabove,
the County reserves the right to modify or waive said provisions for projects or
a.crivities for which these provisions would prove prohibitive. The SubGtantee
understands, however, that the decision to waive or modify those provisions is fully
within the discretion of the County.
The SubGrantee shall maintain a complete set of books and records documenting its use of CDBG
funds and its supervision and administration of the Project The SubGrantee shall provide full access to
these books and records to the County, the Secretary of HUD or his designee, the Office of Inspector
General, and the General Accounting Office so that compliance with Federal laws and regulations may
be confirmed. The SubGrantee further agrees to provide to the County upon request, a copy of any
audit reports pertaining to the SubGrantee's financial operations ifuring the term of this Agreement
J. Reporting
The SubGrantee shall file all reports and other infonnarion necessary to comply with applicable Federal
laws and reguiarions as required by the County and HUD . This shall include providing to the County
the infonnarion necessary to complete annual Grantee Performance Reports in a timely fashion.
K.. Tuneiiness
The SubGrantee has submitted to the County, along with its proposal, a description of the work to be
performed, a budget, and a timetable delineating the length of time needed for each Project phase, if
applicable, through the completion of the projects. The SubGrantee shall comply with timetable for
completion of the projects. The SubGrantee understands that f.ailw-e to comply with the timetable may
lead to a canceilarion of the Project and a loss of all unexpended funds, unless the County determines
that there are extenuating circumstances beyond the SubGrantee1s control and 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 distnbute any CDBG funds to it, the SubGramee
must submit to the Coumys Housing and Community Development Services Division documentation
in the form required by that Division which properly and fully idemifies 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 dismbute the requested funds to the
SubGrantee as soon as poSSible.
M. Program Income
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All program income derived from the Arapahoe Cowtty Comnnmity Deveiopment Block Grant
Program received by the SubGrantee will be 1e1ai11ed by the SubGrantee and will be dispersed fur its
approved CDBG project activities befun: additional CDBG funds are n:que:sted from the County.
Following completion of the SubGramee's Arapahoe County CDBG Projects, all program income
directly generated from the use of CDBG funds will be 1e11irt=i to the Cmmty.
N. Asset Management
AlI'j single parcel of rea1 property under the SubGramee's control that was acquired or improved in
whole or in part with CDBG funds in exa:ss of $25,000 will e:ithe:r.
1. Be used for an eiigilile CDBG activity, as determined by the Cowtty, for a minimum of
five (5) years following completion of the SubGrantee1s projects;
OR
2. Be disposed of in a manner that results in the Cowtty's being reimbursed in the amount
of the current fair market vaJue of the property I~ any portion of the value attributable
to expenditures of non-CDBG funds for acq\nsmon o( or improvements to, the
property. Reimbursement is not required after five (5) years following completion of
the SubGrantee1s projects.
0. State and County Law Compliance
All respollSlbilities of the SubGrantee enumerated herem shall be Subject to applicable State statures
and County o~ces, resolutions, rules, and regulations.
P. Environment.al 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.
Q. Subcontracts
If subcontracts are used on the Project, the SubGrantee ~ that the provisions of this Agreement
shall apply to any subcontract.
R. Suspension or Termination
This Agreement may be suspended or terminated by the County if the SubGrantee materially fiWs to
comply with any term of this Agreement. This Agreement may also be terminated for convenience by
IIDJtual agreement of the County and the SubGrantee.
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S. In the event that the Unit ofGenera1 Local Government should withdraw from the Cownys ''Urban
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' designation, this Agreement shall terminate as of the tennination date of the Cownys CDBG
gram Agreement with HUD . •
T. The SubGrantee certifies that to the best ofits knowledge and belief
1. No Federal appropriated funds have been paid or will be paid, by or on behaJf of it, to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Co~ an officer or employee of Congress, or an employee of
a Member of Congress in COimecrion with the awarding of any Federal CODtract, the
making of any Federal gram, the making of any Federai loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment. or
mociliication of any Federai 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 of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract., grant, loan, or
cooperative agreement, it will complete and submit Standard Form-UL, ''Disclosure
Form to Repmt Lobbying," in accordance with its insttuctions.
U. Disallowance
If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the •
SubGrantee1s Project or activity was improper, inappropriate or ineligible for reimbursem~ then the
SubGrantee shall reimburse the County to the full extent of the disallowance.
IV. RESPONSIBILITIES OF THE COUNTY
A. Ugal Liability and Responsibility
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 Coumys requests for CDBG funds
and that it will thereby become and will be held by HUD to be legally liable and responsmle 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 that as to its projects or
activities performed or conducted under any CDBG agreement, the County shall have the neramy
administrative control required to meet HUD requirements .
B. Performance and Compliance Monitoring
The Coumys supervisory and administrative obligations to the SubGrantee pursuant to paragraph A
above shall be limited to the perfonnance of the administrarive tasks oea:ssaxy to make CDBG funds
available to the SubGrantee and to provide a Monitoring Specialist whose job it will be to monitor the
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various projects fimdni with CDBG monies to ensure that they comply with applicable Federal laws
and regrdariom
!be County will be tespnmihie fur canfinning the ~Wmce of the SubGrantee's Project with
applicable Federal laws and n:gniations. The County will further be 1 e,,punsilJle fur seeing that all
neceswy reports and.inb11 mrion are filed with HUD and other applicable Federal agencies in a timely
&sbion.
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In Witness Whereof: the Parties have caused this Agreement to be duly e:xearteti this __ day of
Subgrantee:. __ ~C:rtv=~ofEn==gi...,ewood= .......... ------
Title: Thomas J. Burns , Mavor
ATTEST:
Loucrishia A. Ellis, City Clerk
Board of County Commissioners
Arapahoe County, Colorado
Debra A Vickrey, Chairman
Attest:
aerie to the Board
Donetta Davidson
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EXHIBIT A
COMMUNITY DEVELOPMENT BLOCX GRANT PROGRAM
CONTRACT CLAUSES
Scope of Work 24 C.F.R. § 570.503(b)(l)
Should be clear, quantified, with perfai:mance c=iteria bu.il.t
in. Perfo:cnance 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).
Uniform Administration 24 C.F.R. § 570.502
Compliance with the requirements of 24 C.F.R. Part 85,
sometimes referred ta as the •common Rule.N Aonlicable 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. § 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, Attachment O, Par. 3.a., as applicable.
Recordkeeoinq Z4 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 .
Reportincr Reauirements 24 C.F.R. § 570.503(b)(2)
Describe all repart.inq requiiements necessa.ri to verify
accompli.shment toward meeting the project scope and to
demonstrate compliance with other requirements. See a.J..so
24 C.F.R. § 85.36(i)(7) or OMB C.i.rcu.lar A-110, Attachment R,
as appl.icable.
Patents and Coovrights 24 C.F.R. § 85.36(i)(8) & (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. § 85.36(i)(l0)
Access by city/county, Comptroller General, Secretary of HOD
and their representatives, to any rec:crds relating to the
project. Where OMB Circular A-110 appl.ies, see
Attachment O, Par. 4.i.
Retention of Records 24 C.F.R. § 85.36(i)(ll)
All records relat.inq to the project must be retained three
years after project audit/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 disposition and use of
program income. See also 24 C.F.R. SS 570.SOO(a) and
570.504
Reversion of Assets 24 C.F.R. § 570.503(b)(8)
Provisions regarding the return of excess funds and
requirements regarding the post-closeout use of real
property acquired or improved with CDBG funds.
Breach of Contract 24 C.F.R. § 85.36(i)(l)
Administrati.ve, contractual and legal remedies in instances
of breach· of contract, including sanctions and penalties.
Where OMB Circular A-110 applies, see Attachment O,
Par. 4.a.
Termination 24. C.F.R. § 85.36(i)(2)
For all contracts in excess of $10,000, description of how
and under what circumstances a contract may be teDil.inated
for cause and for convenience, including the basis for
settlement. Where OMB Circular A-110 applies, see
Attachment O, Par. 4.b.
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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. Pa.rt 44 and
24 C.F.R. § 85.26.
Lobbyino 24 C.F.R. Pa.re 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.
UnifoDn Relocation Assistance
and Real Prooertv Acauisition
Policies Act CUnifoDn 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
requi.rements.;_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 a, 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 .
Environmental 24 C.F.R. § 85.36{i)(l2)
For all contracts and subcontracts over $100,000, include
comoliance with standards, orders and requirements issued
under Sect.ion 306 of the Clean Air Act, Sect.ion 508 of the
Clean Water Act, Executive Order 11738 and environmental.
Protect.ion Agency regulations at 40 C.F .R. Part 15. Where
O.MB C.ircu.lar A-110 applies, see Attachment O, Par. 4.j.
Flood Insurance 24 C.F.R. § 570.505
For acquis.it.ion rehabilitation, or construct.ion in speci:ai,
flood hazard areas (as deteDnined by FEMA), property mu.St
have flood insurance.
Energy Efficiency 24 C.F.R. 85.36(i)(l3)
Compliance with mandatory energy efficiency standards and
policies in State energy conservat.ion,plan issued in
compliance with the Energy Policy and' Conservation Act (Pub.
L. 94-163). See also 24 C.F.R. Part 39. There is no
equivalent provision in O.MB Circular A-110.
Lead-Based Paint 24 C.F.R. § 570.608
Prohibits use cf lead-based paint in
Requ.ires not.if.icat.ion of occupants.
inspect.ion, 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 wcr.ker
exposure, abatement procedures and disposal. See Notice
CPD-90-44 for further details.
Title VT 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 proj.ects. See also 24 C.F .R.
Part 1.
Fair Housing 24 C.F.R. § 570.60l(b)
Compliance with The Fair Housing Act. Prohibits
discrimination on the bas.is of race, color, religion, sex,
national origin, handicap or familial status in all
activities in~olving the sale~ ~~Btal or financing of
housing. Pub l 1 c 1 aw90-284 and E. u. 11 63
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Oisc=imination P~ohibition 24 C.F .R. S 570.602
Under provision of Section 109 of the HCD Act of 1974 1 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
Handicap 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 OFAS and "ANS I 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 Emplovmant 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, Training and
Contracting Opoortunities 24 C.F~R. § 570.607(b)
Under provisions of Section 3 of the Housing and Urban
Develooment act of 1968 1 requires opportunities for training
and employment cf lower-income persons and opportunities for
contracting with local firms. Applies to all contracts.
Minoritv Business Enterprise 24 C.F.R . § 85.36(e)
Covers required actions by recipient and contractors to
secure participation of finns owned and controlled by
minorities, women and residents of labor surplus areas.
Where OMB Circular A-110 applies, see Attachment 0,
Par. 3. c. ( 3) .
Compiled by:
Office of Community Planning
and Development
Region VIII (Denver)
June 1991
•
EXHIBITB
PROJECT BUDGET
COLUMN A COLUMNB COLUMNC COLUMND
Pl'Djed~ R tt I T..-Callla1 CDBGF--. oa..-F..i.C-H•_.
(~lly ...... ) A.cdftty
'1
Curil ramp CDllllnldicm 56.000 rl.780 28.220
• .
TOTAL; 56.000 rl.780 28.220
Da1r F«muzry 5. 1998
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COUNCIL COMMUNICATION
Date Agenda Item Subject Intergovernmental
Agreement accepting
March 16 , 1998 11 a ii reprogrammed CDBG funds
Initiated By Staff Source
Neighborhood and Business Development Brad Denn ing, Planning Assistant
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• Quality of Life: Improve public safety.
• ADA Standards : Continue the City's goal for meeting ADA Standards for City public concrete.
RECOMMENDED ACTION
Staff recommends that City Council approve the attached bill for an Ordinance accepting $27, 780 of
reprogrammed funds from Arapahoe County under the Community Development Block Grant program.
Funds were requested to improve access ibility in North Englewood by removing curbs and other
barriers. The funds will be used to build concrete improvements for approximately fourteen corners in
North Englewood.
• BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Federal Community Development Block Grant (CDBG) Program provides gran ts to both client and
area benefit activities promoting decent housing and safe , accessible neighborhoods. North
Englewood is eligible for area benefit activities which are intended to benefit primari ly low and
moderate income areas .
Neighborhood and Business Development Staff submitted an application to Arapahoe County in
December , 1997, requesting $113,980 for activities such as:
1. Citizen Code Enforcement Training
2. Removal of Architectural Barriers for ADA Pedestrian Ramps
3. Street Tree Planting
4. Home Refurbishment or "Paint and Fix-up" for the Elderly
Arapahoe County approved funding solely for the second activity, the Removal of Architectural Barriers
for ADA Pedestrian Ramps.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
• Proposed Bill for Ordinance
Cooperative Agreement