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HomeMy WebLinkAbout1999 Ordinance No. 022~ .. . : • • • ORDINANCE NO. Ja: SERIES OF 1999 BY AUTHORITY COUNCIL BILL NO. 21 INTRODUCED BY COUNCIL MEMBER HABENICHT AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL SUBGRANTEE AGREEMENT FOR THE 1999 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 "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, 199 8 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 1999 Arapahoe County Community Development Block Grant Program is attached hereto as Exhibit A. Section 2 . The Subgrantee Agreement for the 1999 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 . -1 - 11 bi Section 3. The City Manager shall be authorized to further extend the Subgrantee Agreement For the 1999 Arapahoe County Community Development Block Grant Program as needed. Introduced, read in full , and passed on first reading on the 5th day of April, 1999. Publis h ed as a Bill for an Ordinance on the 9th day of April, 1999. Read by title and passed on final reading on the 19th day of April, 1999. Published by title as Ordinance No .'A Series of 1999 , on the 23rd day of April, 1999 . I , Loucrishia A. Ellis , City Clerk of the City of Englewood, that the above and foregoing is a true copy of the Ordina and published by title as Ordinance No. c1d; Series o -2- ., .. • • • .. • • • SUBGRANTEEAGREEMENTFOR 1999 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: HOUSING REHABILITATION PROJECT NUMBER: 99-EN-RB-921 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 Services Department (hereinafter referred to as the County) and the City of Englewood (hereinafter referred to as the SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project for Program Year 1999. I. PURPOSE The primary objecti v e of Title I of the H o using and Community Dev elopment Act of 1974, as amended , and of the Community De velopment Block Grant (CDBG) Program under this Title is the dev elopment of viable urban communities , b y providing decent housing , a sui table li v ing en v ironment and expanding economic opportunities, principall y for low and moderate income persons . The proje c t by the City of Englewood known as the Housing Rehab i litat ion Project (Project) has been cate go rized as a Single Family Residential Rehabilitation project and the SubGrantee will maintain document ation with the nat ional objectiv e of Limited Clientele ac tiv ities . The SubGrantee may proceed to incur c osts for the Project as of May 1, 1999 unless made contingent under Section II-F. Environmental Revie\vs, below , and/or subject to the SubGrantee receiving an official "Notice to Proceed" from the County. II. \VORK TO BE COMPLETED BY THE SUBGRAJ.'l"TEE The following provisions outline the scope of the work to be completed: The project will help improve and preserve the City of Englewood 's existing housing stock by providing low interest loans to lower income Englewood homeowners for health and safety related home repair and improvements. A. Payment It is expressly agreed and understood that the total amount to be paid by the County under this contract shall not exceed $194,887.00. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Exhibit A and in accordance with performance criteria established in Section II-C. 1 E x H I B I T A B. Timeline All Project activities will be completed by April 30, 2000 unless this Agreement is modified by • mutual agreement of the County and SubGrantee. C. Performance Criteria Project funding will accomplish the following: The SubGrantee will provide loans and/or grants to 15 lower income City of Englewood households for health and safety related home repair and improvements . All renovations are to be made in accordance with any applicable industry standards and/or local codes and standards. In accordance with the funding application submitted by the SubGrantee for the Project, the following milestones are to be met during the execution of the Project: June 30 , 1999 : September 30, 1999: December 3 1, 1999 : March 31, 2000: April 30, 2000: Quarterlv 2:oals Close 1 rehabilitation loan Close 6 rehabilitation loans Close 4 rehabilitation loans Close 4 rehabilitation loans Complete all rehabilitation construction Submit final drawdown D. Reporting Requirements Cumulative Q:oals Close 1 rehabilitation loan Close 7 rehabilitation loans Close 11 rehabilitation loans Clo se 15 rehabilitation loans L Each SubGrantee Drawdown Request will include progress reports for the period for which payment is being requested . 2. Project reports will be due within 30 days following the end of each calendar year quarter (March 31, June 30, September 30, December 31) until the Project is completed. 3. A Project Completion Report will be due 45 days after completion of the Project. · 4. The official annual audit and/or Financial Statements for the SubGrantee in which both revenues and expenditures for the CDBG Projects described herein are detailed are due annually. E. Labor Standards (Davis-Bacon) It is determined that: Project activities do not require compliance with federal labor standards. 2 • • ·' • • • F. Environmental Review Preliminary environmental review will be completed by Arapahoe County staff in order to determine whether further action is necessary . The SubGrantee will not commit or expend any Project funds prior to the completion of the required environmental review process and receipt of any necessary Release of Funds from the U.S. Department of Housing and Urban Development. Upon receipt of a Notice to Proceed from the County, the SubGrantee will perform a site-specific environmental review for each project site prior to committing any funds for rehabilitation. Evidence of the site-specific review is to be submitted to the County on a quarterly basis . G. Uniform Relocation Act (URA) Project acti v ities do not require compliance with the Uniform Relocation Act. III. RESPONSIBILITIES OF THE SUBGR.\i'\fTEE A. Federal Compliance The SubGrantee shall take all actions that are appropriate and required of it to comply with the applicable pro vi s ions of the grant agreements recei ved from the U.S . Department of Housing and Urban Development (HUD) by the County . Thes e include but are not limited to compliance with the provisions of the Housing and Communi ty Deve lopment Act of 19 74 and all rules , regulations , guidelines and circulars promulgated by the various federal departments , agencies, administrations and commissions relating to the CDBG Program . More specifically , the SubGrantee and the County shall each take all required actions to compl y w ith the following : 1. 24 CFR Part 570; 2. 24 CFR Parts 84 and 85 ; 3. Title VI of the Civil Rights Act of 1964 ; 4. Title VIII of the Civil Rights Act of 1968 ; 5. Sections 104(b) and 109 of the Housing and Community Development Act of 1974 ; 6 . Fair housing regulations established in the · Fair Housing Act, Public Law 90-284, and Executive Order 11063 ; 7 . Section 504 of the Rehabilitation Act of 19 7 3 ; 8. Asbestos guidelines established in CPD Notice 90-44; 9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39; 10. Equal employment opportunity and minority business enterprise regulations established in 24 CFR part 570.904; 11. Section 3 of the Housing and Urban De velopment Act of 1968 ; 12. Non-discrimination in employment, established by Executive Order 11246; 13. Lead Based paint regulations established in 24 CFR Parts 35 and 570 .608; 14. Audit requirements established in OMB Circular A-133; and 15 . Cost principles established in OMB Circulars A-87 and A-122 . 3 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 1999, the SubGrantee agrees 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 Federal laws and requirements relating to the CDBG Program . C. Non-Appropriations Clause The SubGrantee agrees that it will includ e in every contract it enters , which relies upon CDBG monies for funding , a non-appropriation clause that will protect itself and the County from an y liabili ty or responsibility or any suit which might result from the discontinuance of CDBG funding for an y 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 HU D for expenditure under the County's grant agreemen t, 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 No projects or activities, nor the amount allocated therefor, may be changed without approval by the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if required . Changes must be requested in writing and may not begin until a modification to this Agreement is fully executed. F. Direct Project Supervision and Administration The SubGrantee shall be responsible for the direct supervision and administration of its respective projects or activities . This task shall be accomplished through the use of the SubGrantee's stc.ff, agency and employees. The SubGrantee shall be responsible for any injury to persons or damage to property resulting from the negligent acts or errors and omissions of its staff, agents and employees . • Sub grantee, within its legal ability to do so under the Constitution of the State of Colorado and its • home-rule charter (if Contractor is a home-rule municipality) and without in any way or manner 4 • • • intending to waive or waiving the defenses or limitations on damages provided for under and pursuant to the Colorado Governmental Immunity Act (Sec . 24-10-101 , et seq. C.R.S.), the Colorado Constitution, its home-rule charter or under the common 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 Governmental Immunity Act and reduced to final judgement in a court of competent jurisdiction by reason of any negligent act or omission by Subgrantee, its agents, officers, or employees, in connection with the performance of this contract. G. Indemnity Because the SubGrantee is respons ible for the direct supervision and administration of its projects or activities, the County shall not be liable or responsible for cost overruns by the SubGrantee on any projects or activities. The County shall have no duty or obligation to provide any additional funding to the SubGrantee if its projects or activities cannot be completed with the funds allocated by the County to the SubGrantee. Any cost overruns shall be the sole responsibility of the SubGrantee. H. l. The SubGrantee agrees that all funds allocated to it for an approved projects or activities shall be used solely for the purposes appro v ed b y 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 . Bonding and Insurance If the SubGrantee's projects invol ves construction ac t1v 1t1es , any Contractor it uses for said activities shall be required to pro v ide and maintain, unt il final acceptance by the SubGrantee of all work 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: 2. 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 L Waiver of Subrogation Comprehensive Automobile Liability : In the amount of not less than $600,000 combined single limit for bodily injury and property damage. Coverage to include : 5 a. b. Arapahoe County and the SubGrantee as additional Named Insured Waiver of Subrogation 3. Employers Liability and Workers Compensation: The Contractor shall secure and maintain employer's liability and Worker's Compensation Insurance 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 Waiver of Subrogation. 4. 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 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 premiums due or for any assessments under any form of any policy. d. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 5. Certificate of Insurance: The Contractor shall not commence work under any contract funded pursuant to this Agreement until he has submitted to the SubGrantee, received approval thereof, certificates of insurance showing that he has complied with the foregoing insurance requirements. The SubGrantee shall also submit a copy of the Contractor's certificates of insurance to the County. 6. Notwithstanding the provisions contained in this paragraph (H) set forth hereinabove, the County reserves the right to modify or waive said provisions for projects or activities for which these provisions would prove prohibitive. The SubGrantee understands , however, that the decision to waive or modify those provisions is fully within the discretion of the County. In accordance with 24 CFR parts 84 and 85, the following bonding requirements shall apply to all projects exceeding the simplified acquisition threshold: l. 2. A bid guarantee from each bidder equivalent to 5% of the bid price; A performance bond on the part of the contractor for 100% of the contract price; and 6 • • • • 3 . A payment bond on the part of the contractor for 100% of the contract price. I. Records The SubGrantee shall maintain a complete set of books and records documenting its use of CDBG funds and its supervision and ad.ministration of the Project. Records are to include documentation verifying Project eligibility and national objective compliance, as well as financial and o ther administrative aspects involved in performing 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 during the term of this Agreement. All records pertaining to the Project are to be maintained for a minimum of five years following close-out of the Project. J. Reporting The SubGrantee shall file all reports and other information necessary to comply with applicable Federal laws and regulations as required by the County and HUD . This shall include pro viding to the Coun ty the information necessary to complete annual Performance Reports in a timel y fashion . ' K. Timeliness The SubGrantee has submitted to the County, along w ith its proposal, a description of the work to be performed, a budget, and a timetable del ineating 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 failure to compl y with the timetable may lead to a cancellation of the Project and a loss of all unexpended funds , unless the County determines that there are extenuating circumstances beyond the SubGrantee's 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 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 Division which properly and fully identifies th e 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 directly derived from the Arapahoe County Community Development Block Grant Program received by the SubGrantee will be retained by the SubGrantee and will be 7 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. N. 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-CD BG funds for acquisition of, or improvements to, the property. Reimbursement is not required after five (5) years following completion of the SubGrantee's projects . 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 SubGrantee agrees that no CDBG funds will be legally obligated to any Project activity before the County has completed federal NEPA env ironmental review procedures, as required by 24 CFR Part 58 . Q. Subcontracts If subcontracts are used on the Project, the SubGrantee agrees 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 fails to comply with any term of this Agreement. This Agreement may also be terminated for convenience by mutual agreement of the County and the SubGrantee. S. In the event that the Unit of General Local Government should withdraw from the County's "Urban County" designation, this Agreement shall terminate as of the termination date of the County's CDBG grant Agreement with HUD. T. The SubGrantee certifies that to the best of its knowledge and belief: 8 • • • • IV. • 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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 the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and, 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement , it will complete and submit Standard Form-LLL , "Disclosure Form to Report Lobbying," in accordance with its instructions . U. Dis allowance If it is determined by HUD or other federal agenc y that the expenditure, in whole or in part , for the SubGrantee's Project or activi ty was improper, inappropriate or ineligible for reimbursement, then the SubGrantee shall reimburse the County to the full extent of the disallowance . RESPONSIBILITIES OF THE COUNTY A. Legal Liability and Responsibility The Part ies recognize and understand that the Coun ty will be the governmental entity required to execute all grant agreements recei ved from HUD pursuant to the County's requests for CDBG funds and that it will thereb y 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 that as to its projects or activities performed or conducted under any CDBG agreement, the County shall have the necessary administrative control required to meet_~ 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 administrative 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 pplicable 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 9 necessary reports and information are filed with HUD and other applicable Federal agencies in a timely fashion. • • • 10 • • • In Witness Whereof, the Parties have caused this Agreement to be duly executed this _____ day of 1999. -------------~ Subgrantee: ______ C_i __ ty~o_f E_ng .... l_e_w_o_o_d ____ _ By: ~-Th ............. o~m;:i ............ s~,I~--Th~JDJ~S~----------~ Board of County Commissioners Arapahoe County, Colorado Stephen P. Ward, Chairman Attest: Clerk to the Board Donetta Davidson 11 • EXHIBIT A PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND Project Activities Estimated Total Cost of CDBG Funds Other Funds Committed (s pecify by line item) Activity Rehabilitation administration s 100.000 s 20,000 s 80,000 Rehabilitation lo ans s 330,000 s 174,887 s 155,113 • TOTAL: s 430,000 s 194,387 s 235,113 • • • ADDENDUM NUMBER ONE TO THE 1999 COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION SUBGRANTEE AGREEMENT This ADDENDUM NUMBER ONE modifies the Arapahoe County Community Development Block Grant SubGrantee Agreement ("Agreement") by and between Arapahoe County ("County") and the City of Englewood ("Sub grantee"). 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. Hof Agreement; and WHEREAS , the County agrees to the waiver as noted herein. NOW, THEREFORE, IT IS AGREED b y 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 Sub grantee . 2. The Subgrantee and the County reaffirm the provisions of Section III.F ., concemmg 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 , 1999. -------------- S ubgrantee: ____ C-"'-'-'itv..-......-=o-=-f-=E=-n=g""le'-w_o"-'o"""'d~---- By: __________________ _ 'Illo:rras J. Burns Title: __ ~Ma=-yo~r ____________ _ Board of County Commissioners Arapahoe County, Colorado Stephen P. Ward, Chairman Attest: Clerk to the Board Donetta Davidson • • • • • • SUBGRANTEEAGREEMENTFOR 1999 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: FAlVIILY SELF-SUFFICIENCY PROJECT NUMBER: 99-EN-PS-922 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 Services Department (hereinafter referred to as the County) and the City of Englewood (hereinafter referred to as the SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project for Program Year 1999 . 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 Family Self-Sufficiency Project (Project) has been categorized as a Public Service project and the SubGrantee will maintain documentation with the national objective of Limited Clientele activities . The SubGrantee may proceed to incur costs for the Project as of May 1, 1999 unless made contingent under 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 SUBGRAl'lTEE The following provisions outline the scope of the work to be completed: The SubGrantee will utilize CDBG funding to provide case management, job training, and other supportive services to Englewood Housing Authority tenant families in order to increase the families' economic self- sufficiency and decrease their dependence on government assistance programs. A. Payment It is expressly agreed and understood that the total amount to be paid by the County under this contract shall not exceed $15,000.00. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Exhibit A and in accordance with performance criteria established in Section II-C. 1 B. Timeline All Project activities will be completed by April 30, 2000 unless this Agreement is modified by • mutual agreement of the County and SubGrantee. C. Performance Criteria Project funding will accomplish the following: The SubGrantee will provide case management, job trammg, and other services necessary to increase the financial independence of 25 Englewood Housing Authority tenant families . Services will be provided through a contract with an agency deemed qualified by the City of Englewood and Englewood Housing Authority. The SubGrantee is to utilize and expend Community Development Block Grant funds established for this Project prior to utilizing other funding sources. In accordance with the funding application submitted by the SubGrantee for the Project, the following milestones are to be met during the execution of the Project: Quarterlv goa ls Cumulative goals June 30 , 1999 : Pro vi de services to 20 ex ist in g c lients Services provided to 20 total clients September 30 , 1999 : Pro vid e service s to 20 ex istin g c lients Services provided to 21 total clients Enroll l new client December 3 1, 1999 : Pro vide se rvi ce s to 2 1 ex ist ing clients Services provided to 23 total clients Enroll 2 new clients M arc h 3 l , 2000 : Pro v ide se rv ices to 22 exis tin g c lients Se rvi ces provided to 25 total clients Enroll 2 new clients April 30 , 2000 : Provide services to 21 existing c lients Services provided to 25 total clients Submit final drawdo wn D. Reporting Requirements 1. Each SubGrantee Drawdown Request will include progress reports for the period for . which payment is being requested. 2 . Project reports will be due within 30 days following the end of each calendar year quarter (March 31 , June 30, September 30, December 31) until the Project is completed. 3. A Project Completion Report will be due 45 days after completion of the Project. 4. The official annual audit and/or Financial Statements for the SubGrantee in which both revenues and expenditures for the CDBG Projects described herein are detailed are due annually. 2 • • • • • E. Labor Standards (Davis-Bacon) It is determined that: Project activities do not require compliance with federal labor standards . F. Environmental Review Environmental review will be completed by Arapahoe County staff in order to determine whether further action is necessary. The SubGrantee will not commit or expend any Project funds prior to the completion of the required environmental review process and receipt of any necessary Release of Funds from the U.S. Department of Housing and Urban Development. G. Uniform Relocation Act (URA) Project activities do not require compliance with the Uniform Relocation Act. III. 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 grant agreements rece iv ed from the U.S. Department of Housing and Urban Development (HUD) by the County . These include but are not limited to compliance with the provisions of the Housing and Community Development Act of 19 74 and all rules, regulations, guidelines an d circulars promulgated by the various feder al departments, agencies, administrations and commissions relating to the CDBG Program . More specifically, the SubGrantee and the County shall each take all required actions to compl y with the following : 1. 24 CFR Part 570; 2. 24 CFR Parts 84 and 85; 3. Title VI of the Civil Rights Act of 1964 ; 4. Title VIII of the Civil Rights Act of 1968 ; 5. Sections 104(b) and 109 of the Housing and Community Development Act of 1974; 6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and Executive Order 11063; 7. Section 504 of the Rehabilitation Act of 1973; 8 . Asbestos guidelines established in CPD Notice 90-44; 9 . The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39; 10 . Equal employment opportunity and minority business enterprise regulations established in 24 CFR part 570.904; 11. Section 3 of the Housing and Urban De velopment Act of 1968; 12. Non-discrimination in employment, established by Executive Order 11246; 13 . Lead Based paint regulations established in 24 CFR Parts 35 and 570.608; 14. Audit requirements established in OMB Circular A-133; and 3 15. Cost principles established in OMB Circulars A-87 and A-122. 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 1999, the SubGrantee agrees 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 Federal laws and requirements relating to the CDBG Program. C. Non-Appropriations Clause The SubGrantee agrees that it will include in ev ery 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 appro v ed 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 No projects or act iv ities, nor the amount allocated therefor, may be changed without approval by the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD, if required . Changes must be requested in writing and may not begin until a modification to this Agreement is fully executed. F. Direct Project Supervision and Administration The SubGrantee shall be responsible for the direct supervision and administration of its respective projects or activities. This task shall be accomplished through the use of the SubGrantee's staff, agency and employees. The SubGrantee shall be responsible for any injury to persons or damage to property resulting from the negligent acts or errors and omissions of its staff, agents and employees. • Subgrantee, within its leg i l ability to do so under the Constitution of the State of Colorado and its 4 • • • home-rule charter (if Contractor is a home-rule municipality) and without in any way or marmer intending to waive or waiving the defenses or limitations on damages provided for under and pursuant to the Colorado Governmental Immunity Act (Sec. 24-10-101, et seq. C.R.S.), the Colorado Constitution, its home-rule charter or under the common 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 Governmental Immunity Act and reduced to final judgement in a court of competent jurisdiction by reason of any negligent act or omission by Subgrantee, its agents, officers, or employees, in connection with the performance of this c ontract. G. Indemnity Because the SubGrantee is responsible for the direct supervision and administration of its projects or activities , the County shall not be liable or responsible for cost overruns by the SubGrantee on any projects or activities. The County shall have no duty or obligation to provide any additional funding to the SubGrantee if its projects or activities cannot be completed with the funds allocated by the County to the SubGrantee. Any cost overruns shall be the sole responsibility of the SubGrantee. H. 1. The SubGrantee agrees that all funds allocated to it for an approved projects or activities 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 activities shall be sufficient to complete said projects or activities without any additional CDBG funding . Bonding and Insurance If the SubGrantee's projects invol ves construction act1 v1t1es , any Contractor it uses for said activities shall be required to provide and maintain, until final acceptance b y the SubGrantee of all work 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 . b . c. d. e. f. g . h. l. Premises Operations Products/Comp Ieted Operations Broad Form Contractual Liability Independent Contractors Broad Form Property Damage Employees as Additional Insured Personal Injury Arapahoe County and the SubGrantee as Additional Named Insured Waiver of Subrogation 5 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 Insured b. Waiver of Subrogation 3. Employers Liability and Workers Compensation: The 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 Waiver of Subrogation. 4. 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 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 an y policy including Arapahoe County as an additional named insured shall not appl y to Arapahoe County or the SubGrantee. c. The insurance companies issuing the policy or policies shall hav e no recourse against Arapahoe County or the SubGrantee for payment of any premiums due or for an y assessments under any form of any policy. d. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 5 . Certificate of Insurance: The Contractor shall not commence work under any contract funded pursuant to this Agreement until he has submitted to the SubGrantee, received approval thereof, certificates of insurance showing that he has complied with the foregoing insurance requirements. The SubGrantee shall also submit a copy of the Contractor's certificates of insurance to the County. 6. Notwithstanding the provisions contained in this paragraph (H) set forth hereinabove, the County reserves the right to modify or waive said provisions for projects or activities for which these provisions would prove prohibitive. The SubGrantee understands, however, that the decision to waive or modify those provisions is fully within the discretion of the County . In accordance with 24 CFR parts 84 and 85, the following bonding requirements shall apply to all • projects exceeding the simplified acquisition threshold: • 6 • • • 1. 2. 3. A bid guarantee from each bidder equivalent to 5% of the bid price; A performance bond on the part of the contractor for 100% of the contract price; and A payment bond on the part of the contractor for 100% of the contract price. I. Records 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. Records are to include documentation verifying Project eligibility and national objective compliance, as well as financial and other administrative aspects involved in performing 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 upo!! request, a copy of any audit reports pertaining to the SubGrantee's financial operations during the term of this Agreement. All records pertaining to the Project are to be maintained for a minimum of five years following close-out of the Project. J. Reporting The SubGrantee shall file all reports and other information necessary to comply with applicable Federal laws and regulations as required by the County and HUD . This shall include providing to the County the information necessary to complete annual Performance Reports in a timely fashion . K. Timeliness The SubGrantee has submitted to the County, along with its proposal, a description of the work to be performed, a budget, and a timetable delineat ing 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 failure to comply with the timetable may lead to a cancellation of the Project and a loss of all unexpended funds, unless the County determines that there are extenuating circumstances beyond the SubGrantee's 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 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 Division 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 7 All program income directly 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. N. Asset Management Any single parcel ofreal 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-CD BG funds for acquisition of, or improvements to, the property. Reimbursement is not required after five (5) years following completion of the SubGrantee's projects. 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 SubGrantee agrees that no CDBG funds will be legally obligated to any Project activity befo re 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 agrees 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 fa ils to comply with any term of this Agreement. This Agreement may also be terminated for convenience by mutual agreement of the County and the SubGrantee. S. In the event that the Unit of General Local Government should withdraw from the County's "Urban County" designation, this Agreement shall terminate as of the termination date of the County's CDBG grant Agreement with HUD. 8 • • • IV. • T. The SubGrantee certifies that to the best of its knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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 the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into · of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and, 2 . If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. U. Dis allowance If it is determined by HUD or other federal agency that the expenditure, in whole or in part, for the SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then the SubGrantee shall reimburse the County to the full extent of the disallowance . RESPONSIBILITIES OF THE COUNTY A. Legal 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 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 that 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 administrative 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 9 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. • • 10 • • • In Witness Whereof, the Parties have caused this Agreement to be duly executed this _____ day of ' 1999. -------------~· Subgrantee: _____ --"'C~ity~o .... f-=E=n ... g...,le.._w-'o"""'o-"d....._ ___ _ By: ___________________ _ Tho:rras J. Burns Board of County Commissioners Arapahoe County, Colorado Stephen P. Ward, Chairman Attest: Clerk to the Board Donetta Davidson 11 ... • EXHIBIT A PROJECT BUDGET COLUMN A COLUMNB COLUMN C COLUMND Project Activities Estimated Total Cost of CDBG Funds Other Funds Committed (specify by line item) Activity Cas e management serv ices s 50,000 s 15 .000 s 35,000 • TOTAL: s 50,000 s 15.000 s 35,000 • • • • COUNCIL COMf.VIUNICATION Date Agenda Item Subject Community Development Block Grant April 5, 1999 11 a i · Intergovernmental Agreement Initiated By Staff Source Neighborhood and Business Development Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council passed Ordinance No. 39 , Series of 1994, that w'as extended by Amendment No. 1 dated August 5, 1997 relating to participation in the Urban Cour. ty Entitlement Program for CDBG and HOME funds for 1998 through 2000; and, passage of Resolution No. 103 , Series of 1998 supporting Housing and Community Development that authorized submitting an application for 1999 CDBG funding RECOMMENDED ACTION Approve a Bill for an Ordinance authorizing the execution of Intergovernmental Subgrantee Agreements for the 1999 Arapahoe County Commun ity Development Block Grant Program between the Arapahoe Board of County Commissioners and the City of Englewood . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTl'FIED The Federal Community Development Block Grant (COBG) Program provides grants to units of local government and urban counties to meet housing and commun.ity development needs. The objective of the Program is achieved through projects developed by the Ice.al government which are designed to give priority to those activities that 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 1999 funds are approved to support the City of Englewood's continuing Housing Rehabilitation Project and to provide funds for the Family Self Sufficiency Program sponsored by the Englewood Housing Authority with the following amounts: 1. $194,887 to administer, monitor and rehabilitate 15 low-income u.1its scattered throughout the City; 2. $ 15,000 to support the Family Self-Sufficiency Program. FINANCIAL IMPACT The existing employees in Neighborhood and Business Development are available to administer. the projects and their salaries and benefits are part of the City's contribution toward funding the Housing Rehabilitation Project. The City will utilize a portion of the COBG funding (e:'3t. $20,000) to partially offset the costs of those salaries and benefits. LIST OF ATTACHMENTS Proposed Bill for an Ordinance.