HomeMy WebLinkAbout20082043.tiff RESOLUTION
RE: APPROVE THREE COMMUNITY DEVELOPMENT BLOCK GRANT SUBCONTRACTS
FOR EMERGENCY SHELTER GRANT PROGRAM WITH VARIOUS PROVIDERS AND
AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with three Community Development Block Grant
Subcontracts for the Emergency Shelter Grant Program between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Greeley/Weld County Housing Authority, and the providers listed below, commencing upon full
execution of said subcontracts, and ending June 30, 2009,with further terms and conditions being
as stated in said subcontracts, and
1. Greeley Transitional House
2. Room at the Inn
3. A Woman's Place, Inc.
WHEREAS,after review,the Board deems it advisable to approve said subcontracts,copies
of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, ex-officio Housing Authority Board, that the three Community Development
Block Grant Subcontracts for the Emergency Shelter Grant Program between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Greeley/Weld County Housing Authority, and the above listed providers be, and hereby are,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said subcontracts.
2008-2043
/ HA0028
RE: THREE COMMUNITY DEVELOPMENT BLOCK GRANT SUBCONTRACTS FOR
EMERGENCY SHELTER GRANT PROGRAM WITH VARIOUS PROVIDERS
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 28th day of July, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
�G�" �00 f WELD COUNTY, COLORADO
/;
ATTEST:
William H. Jerke, Chair
Weld County Clerk to eke :o d
p .
Robgrt Marsd ro-Tem
Deputy Cler.. o the Board
William F. Garcia
APPROVED AS TO FO EXCUSED
David E. Long
j ntyftorney L rut.Oira•—)
Douglas ademach
Date of signature: ace
2008-2043
HA0028
ilkGREELEY/ WELD
HOUSING AUTHORITIES N., P.O. Box 130
Greeley, Colorado 80632-0130 July 24,2QQ$'n,i'? 3 v
(970) 353-7437 `nc
(970) 353-7463 Fax
(800) 659-2656 TTY Relay 11 ` lc;
MEMO:
Clerk to the Board
Enclosed are Community Development Block Grant (CDBG) subcontracts for A Woman's Place
Inc., Room at the Inn, and Greeley Transitional House. These contracts should be approved at
the July 28th Weld County Housing Authority board meeting.
If you have any questions please contact me at (970) 353-7437 ext 103
Sincerely,
Thomas Teixeira
Executive Director
Enclosures
2008-2043
Housing Authority of the City of Greeley • Weld County Housing Authority A
90.3 6th Street • Greeley, Colorado OPPORTUNITY
Emergency Shelter Grant(ESG) Program
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
Subcontract
al a
THIS AGREEMENT dated this 401 dayof cTu4' ,20 of , by and between
the BOARD OF COMMISSIONERS OF WELD COUNTY HOUSING AUTHORITY,COLORADO,
hereinafter referred to as the "Authority", and Greeley Transitional House hereinafter referred to as
"Contractor,"
WITNESSETH THAT
WHEREAS,the United States Government,through the Housing and Community Development Act of
1974("the Act"),Pub.L.No. 93-383, as amended,has established a Community Development Block Grant
(CDBG)program and has allowed each state to elect to administer such federal funds for its nonentitlement
areas, subject to certain conditions, including a requirement that the State's program give maximum feasible
priority to activities which benefit low and moderate-income families or aid in the prevention or elimination
of slums or blight;the State's program may also include activities designed to meet other community
development needs having a particular urgency because existing conditions pose a serious and immediate
threat to the health or welfare of the community where other financial resources are not available to meet
such needs. Additionally,the State's program is subject to a federal requirement that not less than seventy
percent(70%)of the aggregate amount of CDBG funds received by the State shall be used for the support of
activities that benefit persons of very low, low,and moderate income; and
WHEREAS,Weld County Housing Authority is an eligible political subdivision to receive CDBG funds;
and
WHEREAS,the Authority,via this eligibility,may pass these funds to the Contractor; and
WHEREAS,the Authority desires to engage the Contractor to render certain services hereinafter described
as the"Project" in connection with these CDBG fund
NOW,THEREFORE,the parties hereto mutually agree as follows:
1.0 ENGAGEMENT OF CONTRACTOR
The Authority hereby agrees to engage the Contractor and the Contractor hereby agrees to perform the
services hereinafter set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein by this
reference. Through this engagement,the Contractor guarantees compliance with all terms and provisions of
this Contract and any and all applicable terms and provisions contained in the Contract between the
Authority and the State of Colorado.
2.0 SCOPE OF SERVICES
In consideration for the moneys to be received from the Authority,the Contractor shall do,perform, and
carry out, in a satisfactory and proper manner,as determined by the Authority, all work elements as
indicated in the Scope of Services, set forth in the attached Exhibit A. Work performed prior to the Project
period as stated in the Scope of Services of this Contract shall not be considered part of this Project.
1
&OAP-47OO45
3.0 TIME OF PERFORMANCE
This Contract shall become effective upon proper execution of this Contract.The Project contemplated
herein shall commence as soon as practicable after the execution of this Contract and the Contract between
the Authority and the State of Colorado and shall be undertaken and performed in the sequence set forth in
the attached Scope of Services. The Contractor agrees that time is of the essence in the performance of its
obligations under this Contract,and that completion of the Project shall occur no later than the termination
date set forth in the Scope of Services.
4_0 SURVIVAL OF CERTAIN CONTRACT TERMS
Notwithstanding anything herein to the contrary,the parties understand and agree that all terms and
conditions of this Contract and the exhibits and attachments hereto which may require continued
performance or compliance beyond the termination date of the Contract shall survive such termination date
and shall be enforceable by the Authority as provided herein in the event of such failure to perform or
comply by the Contractor or its subcontractors.
5.0 COMPENSATION
The Authority shall compensate the Contractor on a monthly basis during period of contract for all eligible
project costs as identified in the Scope of Services of this Contract. It is expressly understood and agreed
that in no event shall the total compensation to be paid hereunder exceed the maximum amount of Thirteen
Thousand and 00/100--Dollars($13,000.00),for all services required.
6_0 PAYMENT METHOD
Unless otherwise provided in the Scope of Services:
6.1 the Contractor shall initiate monthly reimbursement requests by submitting to the Authority a
detailed written request for reimbursement,using the prescribed forms, of actual and proper expenditures of
CDBG/ESG funds.
6_2 the Authority may withhold any payment if the Contractor has failed to comply with program
objectives,contractual terms,or reporting requirements.
7.0 CONTRACTOR,AN INDEPENDENT CONTRACTOR
The Contractor shall be an independent Contractor, is not the agent or employee of the Authority, and shall
have no authorization,express, implied,or apparent,to bind the Authority to any agreements, settlements,
liability, or understanding except as expressly set forth herein.
8.0 PERSONNEL
The Contractor represents that he/she has,or shall secure, at his/her own expense, all personnel required in
performing the services under this Contract. Such personnel shall not be employees or contractors of the
Authority or the State.
8_1 QUALIFICATIONS All of the services required hereunder shall be performed by the Contractor,
or under his/her supervision, and all personnel engaged in the work shall be fully qualified and shall be
eligible under the law to perform such services.
2
8.2 LICENSURE Where the State or local public jurisdictions require licensure for the provision of
services provided hereunder,the Contractor and any subcontractors shall be properly licensed therefore.
9_0 PERFORMANCE AND FINANCIAL REPORTING
The Contractor shall submit to the Authority a quarterly performance report according to the prescribed
form. Quarterly performance reports will be submitted to the designated CDBG/ESG Program
Administrator Weld County Housing Authority P.O. Box 130 Greeley,CO 80632. These reports are to
represent calendar quarters and are due on the fifth(5th)business day of the month following the end of the
quarter. The project shall be completed on or before 30 June 2009. If project completion occurs during a
given quarter,the final report will be submitted in lieu of a quarterly report.
10.0 ACCOUNTING RECORDS
Accounting records which fairly present the financial status of the Contractor or the programs funded by the
Authority shall be maintained and kept current for the Contract period,and shall provide the Authority
access to these records for a period of three(3)years from the date of the final payment for this project
received by the Contractor. Records shall include all back-up documents such as invoices,billings,receipts,
and transaction records. The Contractor shall, at all times from the effective date of this Contract until
completion of this Contract,comply with the administrative requirements, cost principles,and other
requirements set forth in OMB Circular A-110.
11.0 AUDITS AND INSPECTIONS
During the Contract period,the retention period and for as long thereafter as the records are maintained, at
any time during normal business hours,the Authority,the State,or their authorized representatives, shall
have the right of access to any books,documents,papers or other records of the Contractor with respect to
all matters covered by this Contract and the Contract between the Authority and the State of Colorado in
order to make audit,examination,excerpts,transcripts,and photocopies.
12.0 MODIFICATION AND AMENDMENT
Modification by operation of Law. This Contract is subject to such modifications as may be required by
changes in Federal or State law or regulations. Any such required modification shall be in writing and shall
be incorporated into and be part of this Contract as if fully set forth herein.
12.1 Other Modifications. If either the Authority or the Contractor desires to modify the terms of this
Contract,written notice of the proposed modification shall be given to the other party. No such
modification shall take effect unless agreed to in writing by both parties in an amendment to this
Contract properly executed and approved in accordance with applicable law.
12.2 Integration. This Contract, as written,with attachments and references, is intended as the
complete integration of all understanding between the parties at this time and no prior or
contemporaneous addition, deletion, or amendment hereto, shall have any force or effect whatsoever,
unless embodied in a written authorization or contract amendment incorporating such changes, executed
and approved pursuant to applicable law.
3
13.0 PROCUREMENT
Conflict of Interest. In the Case of Procurement. In the procurement of supplies,equipment,construction,
and services by the Contractor,no employee, officer,or agent of the Contractor shall participate in the
selection or in the award of administration of a Contract if a conflict of interest, real or apparent, would be
involved. Such a conflict would arise when the employee, officer, or agent; any member of his immediate
family; his partner; or an organization which employs,or is about to employ, any of the above, has a
financial or other interest in the party or firm selected for award. Officers,employees, or agents of the
Contractor shall neither solicit nor accept gratuities,favors, or anything of monetary value from parties or
potential parties to contracts. Unsolicited items provided as gifts are not prohibited if the intrinsic value of
such items is nominal.
13.1 In All Cases Other Than Procurement. In all cases other than procurement, (including the provision
of housing rehabilitation assistance to individuals,the provision of assistance to businesses,and the
acquisition and disposition of real property),no persons described in Section 13.0 above who
exercise or have exercised any functions or responsibilities with respect to CDBG/ESG activities or who
are in a position to participate in a decision making process or gain inside information with regard to such
activities,may obtain a personal or financial interest or benefit from the activity,or have an interest in
any Contract,subcontract or agreement with respect thereto,or the proceeds thereunder,either for
themselves or those with whom they have family or business ties, during their tenure or for one year
thereafter.
14.0 COMPLIANCE WITH APPLICABLE LAWS
At all times during the performance of this Contract,the Contractor shall strictly adhere to all applicable
Federal and State laws, orders, and all applicable standards,regulations, interpretations, or guidelines issued
pursuant thereto. The applicable Federal laws and regulations include:
14.1 National Environmental Policy Act of 1969(42 USC 4321 et seq.), as amended,and the
implementing regulations of HUD(24 CFR Part 58)and of the Authority on Environmental Quality(40
CFR Parts 1500- 1508)providing for establishment of national policy, goals, and procedures for
protecting,restoring, and enhancing environmental quality.
14.2 National Historic Preservation Act of 1966(16USC 470 et seq.) as amended,requiring
consideration of the effect of a project on any district, site,building, structure,or object that is included
in or eligible for inclusion in the National Register of historic Places.
14.3 Executive Order 11593,Protection and Enhancement of the Cultural Environment,May 13, 1971
(36 FR 8921 et seq.),requiring that federally-funded projects contribute to the preservation and
enhancement of sites, structures, and objects of historical,architectural,or archaeological significance.
14.4 The Archaeological and Historical Data Preservation Act of 1974, amending the Reservoir Salvage
Act of 1960(16 USC 469 et seq.),providing for the preservation of historic and archaeological data that
would be lost due to federally-funded development and construction activities.
14.5 Executive Order 11988, Floodplain Management,May 24, 1977(42 FR 26951 et seq.),prohibits
undertaking certain activities in flood plains unless it has been determined that there is no practical
alternative, in which case notice of the action must be provided and the action must be designed or
modified to minimize potential damage.
14.6 Executive Order 11990,Protection of Wetlands May 24, 1977(42 FR 26961 et seq.),requiring
review of all actions proposed to be located in or appreciably affecting a wetland. Undertaking or
4
assisting new construction located in wetlands must be avoided unless it is determined that there is no
practical alternative to such construction and that the proposed action includes all practical measures to
minimize potential damage.
14.7 Safe Drinking Water Act of 1974 (42 USC 201, 300 f et seq., 7401 et seq.), as amended,prohibiting
the commitment of federal financial assistance for any project which the Environmental Protection
Agency determines may contaminate an aquifer which is the sole or principal drinking water source for
an area.
14.8 The Endangered Species Act of 1973 (16 USC 1531 et seq.), as amended, requiring that actions
authorized,funded, or carried out by the federal government do not jeopardize the continued existence of
endangered and threatened species or result in the destruction or modification of the habitat of such
species which is determined by the Department of the Interior, after consultation with the State,to be
critical.
14.9 The Wild and Scenic Rivers Act of 1968 (16 USC 1271 et seq.),as amended,prohibiting federal
assistance in the construction of any water resources project that would have a direct and adverse affect
on any river included in or designated for study or inclusion in the National Wild and Scenic Rivers
System.
14.10 The Clean Air Act of 1970(42 USC 1857 et seq.), as amended, requiring that federal assistance
will not be given and that license or permit will not be issued to any activity not conforming to the State
implementation plan for national primary and secondary ambient air quality standards.
14.11 HUD Environmental Criteria and Standards(24 CFR Part 51)providing national standards for
noise abatement and control,acceptable separation distances from explosive or fire prone substances and
suitable land uses for airport runway clear zones.
14.12 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970-Title III
Real Property Acquisition(Pub. L. 91-646 and implementing regulations at 24 CFR Part 42),providing
for uniform and equitable treatment of persons displaced from their homes,businesses, or farms by
federal or federally-assisted programs and establishing uniform and equitable land acquisition policies
for federal assisted programs. Requirements include bona fide land appraisals as a basis for land
acquisition, specific procedures for selecting contract appraisers and contract negotiations,furnishing to
owners of property to be acquired a written summary statement of the acquisition price offered based on
the fair market price,and specified procedures connected with condemnation.
14.13 Uniform Relocation Assistance and Real Property Acquisition Act of 1970-Title III,Uniform
Relocation Assistance(Pub. L. 91-646 and implementing regulations at 24 CFR Part 42),providing for
fair and equitable treatment of all persons displaced as a result of any federal or federally-assisted
program. Relocation payments and assistance, last-resort housing,replacement by displacing agency,
and grievance procedures are covered under the Uniform Act. Payments and assistance will be made
pursuant to state or local law,or the grant recipient must adopt a written policy available to the public
describing the relocation payments and assistance that will be provided. Moving expenses and up to
$22,500 or more for each qualified homeowner or up to$5,250 or more for each tenant are potential
costs.
14.14 Davis-Bacon Fair Labor Standards Act(40 USC 276a-276a-5)requiring that, on all contracts and
subcontracts which exceed$2,000 for federally-assisted construction, alteration or rehabilitation,
laborers and mechanics employed by contractors or subcontractors shall be paid wages at rates not less
than those prevailing on similar construction in the locality as determined by the Secretary of Labor.
5
This requirement applies to the rehabilitation of residential property only if such property is designed for
use of eight or more families.
14.15 Contract Work Hours and Safety Standards Act of 1962(40 USC 327 et seq.),requiring that
mechanics and laborers employed on federally-assisted contracts which exceed $2,000 be paid wages of
not less than one and one-half times their basic wage rates for all hours worked in excess of forty in a
work week.
14.16 Copeland "Anti-Kickback" Act of 1934(40 USC 276(c))prohibiting and prescribing penalties for
"kickbacks" of wages in federally-financed or assisted construction activities.
14.17 The Fair Housing Act(42 USC 3601-20), as amended, prohibiting housing discrimination on the
basis of race,color, religion, sex,national origin,handicap, and familial status.
14.18 The Lead Based Paint Poisoning Prevention Act--Title IV(42 USC 4831)prohibiting the use of
lead-based paint in residential structures constructed or rehabilitated with Federal assistance, and
requiring notification to purchasers and tenants of such housing of the hazards of lead-based paint and of
the symptoms and treatment of lead-based paint poisoning.
14.19 Section 109 of the Housing and Community Development Act of 1974 (42 USC 5309), as
amended,providing that no person shall be excluded from participation(including employment), denied
program benefits or subjected to discrimination on the basis of race,color,national origin or sex under
any program or activity funded in whole or in part under Title I(Community Development)of the Act.
14.20 Title IV of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 USC 2000(d))prohibiting
discrimination on the basis of race, color,or national origin in any program or activity receiving Federal
financial assistance.
14.21 Title VIII of the Civil Rights Act of 1968 (Pub.L. 90-284;42 USC 3601), as amended,popularly
known as the Fair Housing Act,prohibiting housing discrimination on the basis of race,color,religion,
sex, or national origin, and requiring HUD to administer its programs in a manner affirmatively promotes
fair housing.
14.22 Executive Order 11246(1965),as amended by Executive Orders 11375, prohibiting
discrimination on the basis of race, color,religion,sex or national origin in any phase of employment
during the performance of Federal or Federally-assisted contracts in excess of$2,000.
14.23 Executive Order 11063 (1962), as amended by Executive Order 12259,requiring equal
opportunity in housing by prohibiting discrimination on the basis of race, color,religion, sex or national
origin in the sale or rental of housing built with Federal assistance.
14.24 Section 504 of the Rehabilitation Act of 1973 (29 USC 793), as amended, providing that no
otherwise qualified individual shall, solely by reason of a handicap, be excluded from participation
(including employment), denied program benefits or subjected to discrimination under any program or
activity receiving Federal funds.
14.25 Age Discrimination Act of 1975 (42 USC 6101),as amended,providing that no person shall be
excluded from participation, denied program benefits or subjected to discrimination on the basis of age
under any program or activity receiving Federal funds.
6
14.26 Debarred, Suspended, or Ineligible Contractors, (24 CFR, Part 24),requiring that for procurement
of property,non personal services, Contractor shall evaluate past performance of participants in
programs administered by the Department of Housing and Urban Development, as well as other relevant
aspects of the record and status of the participants, by consulting with HUD's"Consolidated List of
Debarred, Suspended, and Ineligible Contractors and Grantee." This will be accomplished by requesting
such information in writing from Authority. Authority will obtain necessary approvals from the State
Department of Local Affairs, Division of Housing.
14.27 Uniform Federal Accessibility Standards,(24 CFR,Par 40,Appendix A),requiring that for major
rehabilitation or conversion of buildings,prescribed standards for the design,construction,and alteration
of publicly owned residential structures shall be followed to insure that physically handicapped persons
will have ready access to,and use of such structures.
14.28 Applicable State Laws, The laws of the State of Colorado and rules and regulations issued
pursuant thereto shall be applied in the interpretation, execution and enforcement of this Contract. Any
provision of the Contract whether or not incorporated herein by reference which provides for arbitration
by any extra judicial body or person or which is otherwise in conflict with said laws, rules and
regulations shall be considered null and void. Nothing contained in any provision incorporated herein by
reference which purports to negate this or any other special provision in whole or in part shall be valid or
enforceable or available in any action at law whether by way of complaint,defense or otherwise. Any
provision rendered null and void by the operation of this provision will not invalidate the remainder of
this Contract to the extent that the Contract is capable of execution.
15.0 MONITORING AND EVALUATION
The Authority will monitor and evaluate this Contract with the Contractor under the CDBG/ESG program.
The Contract will be monitored for compliance with the rules,regulations,requirements,and guidelines
which the Authority has promulgated or may promulgate and will be monitored periodically during the
operation of the project and upon its completion. This Contract may also be subject to monitoring and
evaluation by the State of Colorado,Department of Local Affairs, and the U.S.Department of Housing and
Urban Development.
16.0 SEVERABILITY
To the extent that this Contract may be executed and performance of the obligations of the parties may be
accomplished within the intent of the Contract,the terms of this Contract are severable, and should any term
or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall
not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall
not be construed as waiver of any other term.
17M BINDING ON SUCCESSORS
Except as herein otherwise provided,this agreement shall inure to the benefit of and be binding upon the
parties,or any subcontractors hereto, and their respective successors and assigns.
18.0 PUBLICATION,REPRODUCTION,AND USE OF MATERIAL
Material produced in whole or in part under this Contract may be subject to a copyright in the United States,
provided that the Authority and Contractor reserve royalty-free,nonexclusive, and irrevocable license to
reproduce,publish, or otherwise use, or authorize other to use, all such material.
7
19.0 SUBLETTING,ASSIGNMENT OR TRANSFER
Neither party may sublet, sell,transfer, assign,or otherwise dispose of this Contract or any portion thereof,
or of its rights,title, interest or duties therein,without the prior written consent of the other party. No
subcontract or transfer of Contract shall in any case release the Contractor of liability under this Contract.
20.0 MINORITY BUSINESS ENTERPRISE PARTICIPATION
It is the policy of the State of Colorado that minority business enterprises shall have the maximum
practicable opportunity to participate in the performance of its grant contracts. The Contractor agrees to use
its best efforts to carry out this policy to the fullest extent practicable and consistent with the efficient
performance of this Contract. As used in this Contract,the term "minority business enterprise"means a
business, at least 50 percent of which is owned by minority group members or, in the case of publicly owned
business, at least 51 percent of the stock of which is owned by minority group members. The Contractor
may use the expertise of the State Minority Business Office within the Office of the Governor for assistance
in complying with the non-discrimination and affirmative action of this Contract and applicable statutes.
21.0 RESIDENCE PREFERENCE
When a contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a
preference against a non-resident bidder from a State or foreign country equal to the preference given or
required by the State or foreign country in which the non-resident bidder is a resident. If it is determined by
the officer responsible for awarding the bid that compliance with this subsection may cause denial or
Federal funds which would otherwise be available or would otherwise be inconsistent with requirements of
Federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the
moneys or to eliminate the inconsistency with Federal requirements(Section 8-19-101 and 102, CRS).
210 INDEMNIFICATION
To the extent authorized by law,the contractor shall indemnify, save, and hold harmless the Authority
against any and all claims, damages, liability and court awards including costs, expenses, and attorney
fees incurred as a result of any act or omission by the Contractor, or its employees, agents,
subcontractors, or assignees pursuant to the terms of this contract. Further, no term or condition of this
contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities,
rights, benefits, or protections available to the parties under the Colorado Governmental Immunity Act,
CRS 24-10-101 et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as now or
hereafter amended.
23.0 CONTRACT SUSPENSION
If the Contractor fails to comply with any contractual provision,the Authority may,after notice to the
Contractor, suspend the Contract and withhold further payments or prohibit the Contractor from incurring
additional obligations of contractual funds, pending corrective action by the Contractor or a decision to
terminate in accordance with provisions herein. The Authority may determine to allow such necessary and
proper costs which the Contractor could not reasonably avoid during the period of suspension provided such
costs were necessary and reasonable for the conduct of the project.
24.0 CONTRACT TERMINATION
This Contract may be terminated as follows:
8
24.1 Termination Due to Loss of Funding. The parties hereto expressly recognize that the Contractor is
to be paid,reimbursed, or otherwise compensated with federal CDBG funds provided to the Authority
for the purpose of contracting for the services provided for herein or with program income and therefore,
the Contractor expressly understands and agrees that all its rights, demands, and claims to compensation
arising under this Contract are contingent upon receipt of such funds by the Authority. In the event that
such funds or any part thereof are not received by the Authority,the Authority may immediately
terminate or amend this Contract.
24.2 Termination for Cause. If,through any cause,the Contractor shall fail to fulfill in a timely and
proper manner his obligations under this Contract,or if the Contractor shall violate any of the covenants,
agreements,or stipulations of this Contract,the Authority shall thereupon have the right to terminate this
Contract for cause by giving written notice to the Contractor of such termination and specifying the
effective date thereof,at least five(5)days before the effective date of such termination. It is understood
that Contractor and Authority representatives shall enter into negotiations in an attempt to reach a
solution mutually acceptable to both parties within 10 days of notification of termination, if Contractor
shall so request in writing. If the Contract is terminated by the Authority as provided herein,the
Contractor will be reimbursed in an amount equal to the actual expenses incurred as of the date of
termination.Notwithstanding the above,the Contractor shall not be relieved of liability to the Authority
for any damages sustained by the Authority or the State by virtue of any breach of the Contract by the
Contractor,and the Authority may withhold any payments to the Contractor for the purpose of setoff
until such time as the exact amount of damages due the Authority or the State from the Contractor is
determined.
24.3 Termination for Convenience. The Authority may terminate this Contract at any time the Authority
determines that the purposes of the distribution of CDBG moneys under the Contract would no
longer be served by completion of the Project. The Authority shall effect such termination by giving
written notice of termination to the Contractor and specifying the effective date thereof, at least five(5)
days before the effective date of such termination.
24.4 Termination of Contract By the Contractor. The Contractor,by written notification setting forth the
reasons and specifying the effective date,at least 15 days prior to the effective date,may terminate this
agreement for good cause. Good cause may include circumstances beyond the control of the Contractor.
24.5 Return of Material. In event of termination,all finished or unfinished documents, data, studies,
surveys, drawings,maps, models,photographs,and reports or other material prepared by the Contractor
under this Contract, shall, at the option of the Authority,become its property, and the Contractor shall be
entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
24.6 Compensation. In the event of termination,the Contractor shall be paid an amount which bears the
same ratio to the total compensation as the services actually performed up to the effective date of
termination bear to the total services of the contractor covered by this Contract, less payments of
compensation previously made: Provided,however,that if less than 60 percent(60%)of the services
covered by this Contract have been performed upon the effective date of such termination,the contractor
shall be reimbursed(in addition to the above payment)for that portion of the actual out-of-pocket
expenses(not otherwise reimbursed under the Contract)incurred by the Contractor during the Contract
period which are directly attributable to the incomplete portion of the services covered by this Contract.
24.7 Remedies. Where the Contractor violates or breaches Contract terms,the Authority, in its
discretion,may, in addition to terminating this Contract, institute such administrative, contractual, legal
or equitable remedies available to the Authority as may be appropriate. In such event,the Contractor
shall pay Authority's costs and reasonable attorney fees incurred thereby.
9
25.0 THIRD PARTY BENEFICIARIES
It is expressly understood and agreed to by the parties that the enforcement of the terms and conditions of
this Contract and all rights of action related to such enforcement shall be strictly reserved to the Authority
and the named Contractor. Nothing contained in this Contract shall give or allow any claim or right of
action whatsoever to or by any third person. It is the expressed intent of the Authority and the named
Contractor that any person or entity,other than the Authority or named Contractor, receiving services or
benefits under this Contract shall be deemed an incidental beneficiary only.
10
IN WITNESS WHEREOF, the parties hereto have made and executed this Contract this
AC
6178 — day of O7ely 20 Of
FOR THE WELD COUNTY HOUSING
AUTHORITY
BOARD OF COMMISSIONERS:
William H. Jerke Chair JUL 2 8 2008
CONTRACTOR:
Greeley Transitional House
BY:
Authorized Agent
Name: j0O11 I` Gt`4 ltiy\
Title: CKtil t4-iYe
11
Goof ao 9
Exhibit "A" to Contract
SCOPE OF SERVICES
Contractor: Greeley Transitional House
1. PROJECT DESCRIPTION,OBJECTIVES AND REQUIREMENTS:
• Using Community Development Block Grant(CDBG) funds, the Contractor shall continue
to provide emergency shelter and services for homeless individuals and families and make
all effort to improve any and all services available. This project consists of providing CDBG
monies for shelter operations and essential services.
• These funds must benefit persons lacking a fixed,regular and adequate nighttime residence.
In the case of this contract,the contractor will continue to provide a safe and comfortable
shelter and related services for homeless individuals and families.
• This Contract provides CDBG funds in the amount of$13,000 for Project activities. The Contractor
shall supply a dollar for dollar match for the Project thus making the total Project cost under this
Contract$26,000. The Contractor is responsible for any and all Project costs in excess of this
combined,total amount
2. NATIONAL OBJECTIVE:
The Project meets the national objective of benefit to low and moderate income persons as required in
the Housing and Community Development Act of 1974,Pub. L.No. 93-383, as amended. The
Contractor shall be responsible for tracking client income and place of permanent residence for clients
served by the project. For purposes of this Contract, client data must show that on an annual basis,no
less than fifty one percent(51%)of the clients served come from low or moderate income households.
3. TIME OF PERFORMANCE:
The Project will commence upon full and proper execution of this contract and the Contract between the
Authority and the State of Colorado. The Project shall not commence before 2 July 2008 and shall be
completed on or before 30 June 2009. However,the Project time of performance may be extended by
letter, subject to mutual agreement by the State,the Authority and the Contractor. To initiate this
process, a written request shall be submitted to the Authority at least forty five(45)days prior to 30 June
2009 and shall include full justification for the extension request.
4. CONTRACT MONITORING:
The Authority or its designate shall monitor the contract pursuant to Section 15.0 within the main body of
this Contract.
12
5. BUDGET: ifiip py
Y4da< Atat R W PR 5 @- Daa•gj ���-.
Shelter Staffing $4,000 $2,000 $2,000
Repairs/Maintenance $1,000 $500 $500
Insurance $5,000 $2,500 $2,500
Utilities& Telephone $8,000 $4,000 $4,000
Case Management Services $8,000 $4,000 $4,000
Total: $26,000 $13,000 $13,000
6. PAYMENT SCHEDULE:
$13,000 Paid upon receipt and approval of written requests,pursuant to Section 6.0 within
the main body of this Contract, from the Contractor for funds to meet immediate
cash needs.
$13,000 TOTAL
7. REPORTING SHEDULE:
The Contractor shall provide quarterly reports to the Authority pursuant to Sections 6.0 and 9.0 within
the main body of this Contract.
13
Exhibit "B"
INSURANCE REQUIREMENTS
GENERAL INSURANCE
Prior to commencement of any work, contractor shall forward Certificates of Insurance to Weld County
Housing Authority, P.O. Box 130 Greeley,CO . The insurance required shall be procured and
maintained in full force and effect for the duration of the Contract and shall be written for not less than
the following amounts, or greater if required by law. Certificate Holder should be Weld County
Housing Authority at the above address.
Workers' Compensation and Employers' Liability
A. State of Colorado: Statutory
B. Applicable Federal: Statutory
C. Employer's Liability: $100,000 Each Accident
$500,000 Disease-Policy Limit
$100,000 Disease-Each Employee
D. Waiver of Subrogation
II. Commercial General Liability on an Occurrence Form including the following coverages: Premises
Operations;Products and Completed Operations;Personal and Advertising Injury;Medical
Payments;Contractual Liability; Independent Contractors;and Broad Form Property Damage.
Coverage provided should be at least as broad as found in Insurance Services Office (ISO) form
CG0001. Minimum limits to be as follows:
A. Bodily Injury&Property Damage General Aggregate Limit $1,000,000
B. Products &Completed Operations Aggregate Limit $1,000,000
C. Personal&Advertising Injury Limit $500,000
D. Each Occurrence Limit $500,000
Other General Liability Conditions:
1. Products and Completed Operations to be maintained for one year after final payment.
Contractor shall continue to provide evidence of such coverage to the Authority on an
annual basis during the aforementioned period (as appropriate).
2. Contractor agrees that the insurance afforded the Authority is primary.
3. If coverage is to be provided on Claims Made forms, contractor must refer policy to Risk
Management Department for approval and additional requirements.
III. Commercial Automobile Liability coverage to be provided on Business Auto, Garage, or Truckers
form. Coverage provided should be at least as broad as found in ISO form CA0001 (BAP),
CA0005 (Garage) or CA0012 (Trucker) including coverage for owned,non-owned,&hired autos.
Limits to be as follows:
A. Bodily Injury&Property Damage Combined Single Limit $1,000,000
B. Medical Payments $5,000 per person
C. Uninsured/Underinsured Motorist $100,000
IV. Excess Liability: $1,000,000
V. All Insurance policies (except Workers Compensation and Professional Liability) shall include
Weld County Housing Authority and its elected officials and employees as additional
insureds as their interests may appear. The additional insured endorsement should be at least as
14
broad as ISO form CG2010 for General Liability coverage and similar forms for Commercial Auto
and Umbrella Liability.
VI. The Authority reserves the right to reject any insurer it deems not financially acceptable by
insurance industry standards. Property and Liability Insurance Companies shall be licenses to do
business in Colorado and shall have an AM Best rating of not less than B+ and/or VII.
VII. Certificates of insurance on all policies shall give the Authority written notice of not less than thirty
(30) days prior to cancellation or change in coverage.
VIII. Contractor shall furnish Weld County Housing Authority separate certificates of insurance for all
contractors and sub-contractors. Such certificate must meet all requirements listed above.
15
Emergency Shelter Grant(ESG) Program
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
Subcontract
THIS AGREEMENT dated this Ch.(O day of �el , 20 or, by and between
the BOARD OF COMMISSIONERS OF WELD COUNTY HOUSING AUTHORITY, COLORADO,
hereinafter referred to as the "Authority", and Room at the Inn hereinafter referred to as "Contractor,"
WITNESSETH THAT
WHEREAS,the United States Government,through the Housing and Community Development Act of
1974("the Act"),Pub. L.No. 93-383, as amended,has established a Community Development Block Grant
(CDBG)program and has allowed each state to elect to administer such federal funds for its nonentitlement
areas, subject to certain conditions, including a requirement that the State's program give maximum feasible
priority to activities which benefit low and moderate-income families or aid in the prevention or elimination
of slums or blight;the State's program may also include activities designed to meet other community
development needs having a particular urgency because existing conditions pose a serious and immediate
threat to the health or welfare of the community where other financial resources are not available to meet
such needs. Additionally,the State's program is subject to a federal requirement that not less than seventy
percent(70%)of the aggregate amount of CDBG funds received by the State shall be used for the support of
activities that benefit persons of very low, low,and moderate income; and
WHEREAS,Weld County Housing Authority is an eligible political subdivision to receive CDBG funds;
and
WHEREAS,the Authority,via this eligibility, may pass these funds to the Contractor; and
WHEREAS,the Authority desires to engage the Contractor to render certain services hereinafter described
as the"Project"in connection with these CDBG fund
NOW,THEREFORE,the parties hereto mutually agree as follows:
1_0 ENGAGEMENT OF CONTRACTOR
The Authority hereby agrees to engage the Contractor and the Contractor hereby agrees to perform the
services hereinafter set forth in Exhibit A, Scope of Services,attached hereto and incorporated herein by this
reference. Through this engagement,the Contractor guarantees compliance with all terms and provisions of
this Contract and any and all applicable terms and provisions contained in the Contract between the
Authority and the State of Colorado.
2.0 SCOPE OF SERVICES
In consideration for the moneys to be received from the Authority,the Contractor shall do,perform,and
carry out, in a satisfactory and proper manner,as determined by the Authority,all work elements as
indicated in the Scope of Services, set forth in the attached Exhibit A. Work performed prior to the Project
period as stated in the Scope of Services of this Contract shall not be considered part of this Project.
1
aoo8- aoc
3_0 TIME OF PERFORMANCE
This Contract shall become effective upon proper execution of this Contract. The Project contemplated
herein shall commence as soon as practicable after the execution of this Contract and the Contract between
the Authority and the State of Colorado and shall be undertaken and performed in the sequence set forth in
the attached Scope of Services. The Contractor agrees that time is of the essence in the performance of its
obligations under this Contract, and that completion of the Project shall occur no later than the termination
date set forth in the Scope of Services.
4_0 SURVIVAL OF CERTAIN CONTRACT TERMS
Notwithstanding anything herein to the contrary,the parties understand and agree that all terms and
conditions of this Contract and the exhibits and attachments hereto which may require continued
performance or compliance beyond the termination date of the Contract shall survive such termination date
and shall be enforceable by the Authority as provided herein in the event of such failure to perform or
comply by the Contractor or its subcontractors.
5.0 COMPENSATION
The Authority shall compensate the Contractor on a monthly basis during period of contract for all eligible
project costs as identified in the Scope of Services of this Contract. It is expressly understood and agreed
that in no event shall the total compensation to be paid hereunder exceed the maximum amount of Seven
Thousand Five Hundred and 00/100—Dollars($7,500.00),for all services required.
6_0 PAYMENT METHOD
Unless otherwise provided in the Scope of Services:
6_1 the Contractor shall initiate monthly reimbursement requests by submitting to the Authority a
detailed written request for reimbursement,using the prescribed forms, of actual and proper expenditures of
CDBG/ESG funds.
6_2 the Authority may withhold any payment if the Contractor has failed to comply with program
objectives,contractual terms, or reporting requirements.
7_0 CONTRACTOR,AN INDEPENDENT CONTRACTOR
The Contractor shall be an independent Contractor, is not the agent or employee of the Authority,and shall
have no authorization, express, implied, or apparent,to bind the Authority to any agreements, settlements,
liability, or understanding except as expressly set forth herein.
8.0 PERSONNEL
The Contractor represents that he/she has,or shall secure,at his/her own expense, all personnel required in
performing the services under this Contract. Such personnel shall not be employees or contractors of the
Authority or the State.
8_1 QUALIFICATIONS All of the services required hereunder shall be performed by the Contractor,
or under his/her supervision,and all personnel engaged in the work shall be fully qualified and shall be
eligible under the law to perform such services.
2
8.2 LICENSURE Where the State or local public jurisdictions require licensure for the provision of
services provided hereunder,the Contractor and any subcontractors shall be properly licensed therefore.
9_0 PERFORMANCE AND FINANCIAL REPORTING
The Contractor shall submit to the Authority a quarterly performance report according to the prescribed
form. Quarterly performance reports will be submitted to the designated CDBG/ESG Program
Administrator Weld County Housing Authority P.O.Box 130 Greeley, CO 80632. These reports are to
represent calendar quarters and are due on the fifth(5th)business day of the month following the end of the
quarter. The project shall be completed on or before 30 June 2009. If project completion occurs during a
given quarter,the final report will be submitted in lieu of a quarterly report.
10.0 ACCOUNTING RECORDS
Accounting records which fairly present the financial status of the Contractor or the programs funded by the
Authority shall be maintained and kept current for the Contract period,and shall provide the Authority
access to these records for a period of three(3)years from the date of the final payment for this project
received by the Contractor. Records shall include all back-up documents such as invoices,billings,receipts,
and transaction records.The Contractor shall,at all times from the effective date of this Contract until
completion of this Contract, comply with the administrative requirements, cost principles, and other
requirements set forth in OMB Circular A-110.
H.0 AUDITS AND INSPECTIONS
During the Contract period,the retention period and for as long thereafter as the records are maintained, at
any time during normal business hours,the Authority,the State,or their authorized representatives, shall
have the right of access to any books, documents,papers or other records of the Contractor with respect to
all matters covered by this Contract and the Contract between the Authority and the State of Colorado in
order to make audit, examination, excerpts,transcripts, and photocopies.
12.0 MODIFICATION AND AMENDMENT
Modification by operation of Law. This Contract is subject to such modifications as may be required by
changes in Federal or State law or regulations. Any such required modification shall be in writing and shall
be incorporated into and be part of this Contract as if fully set forth herein.
12.1 Other Modifications. If either the Authority or the Contractor desires to modify the terms of this
Contract,written notice of the proposed modification shall be given to the other party. No such
modification shall take effect unless agreed to in writing by both parties in an amendment to this
Contract properly executed and approved in accordance with applicable law.
12.2 Integration. This Contract, as written,with attachments and references, is intended as the
complete integration of all understanding between the parties at this time and no prior or
contemporaneous addition, deletion,or amendment hereto, shall have any force or effect whatsoever,
unless embodied in a written authorization or contract amendment incorporating such changes,executed
and approved pursuant to applicable law.
3
13.0 PROCUREMENT
Conflict of Interest. In the Case of Procurement. In the procurement of supplies,equipment,construction,
and services by the Contractor, no employee, officer, or agent of the Contractor shall participate in the
selection or in the award of administration of a Contract if a conflict of interest, real or apparent,would be
involved. Such a conflict would arise when the employee,officer, or agent; any member of his immediate
family; his partner; or an organization which employs,or is about to employ, any of the above,has a
financial or other interest in the party or firm selected for award. Officers, employees,or agents of the
Contractor shall neither solicit nor accept gratuities, favors, or anything of monetary value from parties or
potential parties to contracts. Unsolicited items provided as gifts are not prohibited if the intrinsic value of
such items is nominal.
13.1 In All Cases Other Than Procurement. In all cases other than procurement,(including the provision
of housing rehabilitation assistance to individuals,the provision of assistance to businesses, and the
acquisition and disposition of real property), no persons described in Section 13.0 above who
exercise or have exercised any functions or responsibilities with respect to CDBG/ESG activities or who
are in a position to participate in a decision making process or gain inside information with regard to such
activities,may obtain a personal or financial interest or benefit from the activity,or have an interest in
any Contract, subcontract or agreement with respect thereto, or the proceeds thereunder,either for
themselves or those with whom they have family or business ties,during their tenure or for one year
thereafter.
14.0 COMPLIANCE WITH APPLICABLE LAWS
At all times during the performance of this Contract,the Contractor shall strictly adhere to all applicable
Federal and State laws, orders, and all applicable standards,regulations, interpretations, or guidelines issued
pursuant thereto. The applicable Federal laws and regulations include:
14.1 National Environmental Policy Act of 1969(42 USC 4321 et seq.), as amended, and the
implementing regulations of HUD(24 CFR Part 58)and of the Authority on Environmental Quality(40
CFR Parts 1500- 1508)providing for establishment of national policy, goals, and procedures for
protecting,restoring, and enhancing environmental quality.
14.2 National Historic Preservation Act of 1966(16USC 470 et seq.)as amended, requiring
consideration of the effect of a project on any district, site,building, structure, or object that is included
in or eligible for inclusion in the National Register of historic Places.
14.3 Executive Order 11593,Protection and Enhancement of the Cultural Environment,May 13, 1971
(36 FR 8921 et seq.),requiring that federally-funded projects contribute to the preservation and
enhancement of sites, structures, and objects of historical, architectural, or archaeological significance.
14.4 The Archaeological and Historical Data Preservation Act of 1974, amending the Reservoir Salvage
Act of 1960 (16 USC 469 et seq.), providing for the preservation of historic and archaeological data that
would be lost due to federally-funded development and construction activities.
14.5 Executive Order 11988,Floodplain Management,May 24, 1977(42 FR 26951 et seq.),prohibits
undertaking certain activities in flood plains unless it has been determined that there is no practical
alternative, in which case notice of the action must be provided and the action must be designed or
modified to minimize potential damage.
14.6 Executive Order 11990, Protection of Wetlands May 24, 1977 (42 FR 26961 et seq.), requiring
review of all actions proposed to be located in or appreciably affecting a wetland. Undertaking or
4
assisting new construction located in wetlands must be avoided unless it is determined that there is no
practical alternative to such construction and that the proposed action includes all practical measures to
minimize potential damage.
14.7 Safe Drinking Water Act of 1974(42 USC 201, 300 f et seq., 7401 et seq.),as amended,prohibiting
the commitment of federal financial assistance for any project which the Environmental Protection
Agency determines may contaminate an aquifer which is the sole or principal drinking water source for
an area.
14S The Endangered Species Act of 1973 (16 USC 1531 et seq.), as amended,requiring that actions
authorized, funded,or carried out by the federal government do not jeopardize the continued existence of
endangered and threatened species or result in the destruction or modification of the habitat of such
species which is determined by the Department of the Interior, after consultation with the State,to be
critical.
14.9 The Wild and Scenic Rivers Act of 1968(16 USC 1271 et seq.), as amended, prohibiting federal
assistance in the construction of any water resources project that would have a direct and adverse affect
on any river included in or designated for study or inclusion in the National Wild and Scenic Rivers
System.
14.10 The Clean Air Act of 1970(42 USC 1857 et seq.),as amended,requiring that federal assistance
will not be given and that license or permit will not be issued to any activity not conforming to the State
implementation plan for national primary and secondary ambient air quality standards.
14.11 HUD Environmental Criteria and Standards(24 CFR Part 51)providing national standards for
noise abatement and control,acceptable separation distances from explosive or fire prone substances and
suitable land uses for airport runway clear zones.
14.12 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970-Title III
Real Property Acquisition(Pub. L. 91-646 and implementing regulations at 24 CFR Part 42),providing
for uniform and equitable treatment of persons displaced from their homes,businesses,or farms by
federal or federally-assisted programs and establishing uniform and equitable land acquisition policies
for federal assisted programs. Requirements include bona fide land appraisals as a basis for land
acquisition, specific procedures for selecting contract appraisers and contract negotiations,furnishing to
owners of property to be acquired a written summary statement of the acquisition price offered based on
the fair market price, and specified procedures connected with condemnation.
14.13 Uniform Relocation Assistance and Real Property Acquisition Act of 1970-Title III,Uniform
Relocation Assistance (Pub. L. 91-646 and implementing regulations at 24 CFR Part 42),providing for
fair and equitable treatment of all persons displaced as a result of any federal or federally-assisted
program. Relocation payments and assistance, last-resort housing,replacement by displacing agency,
and grievance procedures are covered under the Uniform Act. Payments and assistance will be made
pursuant to state or local law,or the grant recipient must adopt a written policy available to the public
describing the relocation payments and assistance that will be provided. Moving expenses and up to
$22,500 or more for each qualified homeowner or up to $5,250 or more for each tenant are potential
costs.
14.14 Davis-Bacon Fair Labor Standards Act(40 USC 276a-276a-5)requiring that,on all contracts and
subcontracts which exceed$2,000 for federally-assisted construction, alteration or rehabilitation,
laborers and mechanics employed by contractors or subcontractors shall be paid wages at rates not less
than those prevailing on similar construction in the locality as determined by the Secretary of Labor.
5
This requirement applies to the rehabilitation of residential property only if such property is designed for
use of eight or more families.
14.15 Contract Work Hours and Safety Standards Act of 1962(40 USC 327 et seq.), requiring that
mechanics and laborers employed on federally-assisted contracts which exceed $2,000 be paid wages of
not less than one and one-half times their basic wage rates for all hours worked in excess of forty in a
work week.
14.16 Copeland "Anti-Kickback"Act of 1934(40 USC 276 (c))prohibiting and prescribing penalties for
"kickbacks"of wages in federally-financed or assisted construction activities.
14.17 The Fair Housing Act(42 USC 3601-20),as amended,prohibiting housing discrimination on the
basis of race, color,religion, sex, national origin, handicap, and familial status.
14.18 The Lead Based Paint Poisoning Prevention Act--Title IV(42 USC 4831)prohibiting the use of
lead-based paint in residential structures constructed or rehabilitated with Federal assistance,and
requiring notification to purchasers and tenants of such housing of the hazards of lead-based paint and of
the symptoms and treatment of lead-based paint poisoning.
14.19 Section 109 of the Housing and Community Development Act of 1974 (42 USC 5309),as
amended,providing that no person shall be excluded from participation(including employment),denied
program benefits or subjected to discrimination on the basis of race, color, national origin or sex under
any program or activity funded in whole or in part under Title I(Community Development)of the Act.
14.20 Title IV of the Civil Rights Act of 1964 (Pub. L. 88-352;42 USC 2000(d))prohibiting
discrimination on the basis of race, color, or national origin in any program or activity receiving Federal
financial assistance.
14.21 Title VIII of the Civil Rights Act of 1968 (Pub.L. 90-284;42 USC 3601),as amended, popularly
known as the Fair Housing Act, prohibiting housing discrimination on the basis of race, color,religion,
sex, or national origin, and requiring HUD to administer its programs in a manner affirmatively promotes
fair housing.
14.22 Executive Order 11246 (1965), as amended by Executive Orders 11375,prohibiting
discrimination on the basis of race,color,religion, sex or national origin in any phase of employment
during the performance of Federal or Federally-assisted contracts in excess of$2,000.
14.23 Executive Order 11063 (1962),as amended by Executive Order 12259,requiring equal
opportunity in housing by prohibiting discrimination on the basis of race, color,religion, sex or national
origin in the sale or rental of housing built with Federal assistance.
14.24 Section 504 of the Rehabilitation Act of 1973 (29 USC 793),as amended,providing that no
otherwise qualified individual shall, solely by reason of a handicap,be excluded from participation
(including employment), denied program benefits or subjected to discrimination under any program or
activity receiving Federal funds.
14.25 Age Discrimination Act of 1975 (42 USC 6101),as amended,providing that no person shall be
excluded from participation, denied program benefits or subjected to discrimination on the basis of age
under any program or activity receiving Federal funds.
6
14.26 Debarred, Suspended, or Ineligible Contractors, (24 CFR,Part 24), requiring that for procurement
of property,non personal services,Contractor shall evaluate past performance of participants in
programs administered by the Department of Housing and Urban Development, as well as other relevant
aspects of the record and status of the participants,by consulting with HUD's"Consolidated List of
Debarred, Suspended, and Ineligible Contractors and Grantee." This will be accomplished by requesting
such information in writing from Authority. Authority will obtain necessary approvals from the State
Department of Local Affairs,Division of Housing.
14.27 Uniform Federal Accessibility Standards,(24 CFR,Par 40,Appendix A), requiring that for major
rehabilitation or conversion of buildings, prescribed standards for the design, construction, and alteration
of publicly owned residential structures shall be followed to insure that physically handicapped persons
will have ready access to,and use of such structures.
14.28 Applicable State Laws, The laws of the State of Colorado and rules and regulations issued
pursuant thereto shall be applied in the interpretation,execution and enforcement of this Contract. Any
provision of the Contract whether or not incorporated herein by reference which provides for arbitration
by any extra judicial body or person or which is otherwise in conflict with said laws, rules and
regulations shall be considered null and void. Nothing contained in any provision incorporated herein by
reference which purports to negate this or any other special provision in whole or in part shall be valid or
enforceable or available in any action at law whether by way of complaint,defense or otherwise. Any
provision rendered null and void by the operation of this provision will not invalidate the remainder of
this Contract to the extent that the Contract is capable of execution.
15.0 MONITORING AND EVALUATION
The Authority will monitor and evaluate this Contract with the Contractor under the CDBG/ESG program.
The Contract will be monitored for compliance with the rules,regulations,requirements, and guidelines
which the Authority has promulgated or may promulgate and will be monitored periodically during the
operation of the project and upon its completion. This Contract may also be subject to monitoring and
evaluation by the State of Colorado, Department of Local Affairs, and the U.S. Department of Housing and
Urban Development.
16.0 SEVERABILITY
To the extent that this Contract may be executed and performance of the obligations of the parties may be
accomplished within the intent of the Contract,the terms of this Contract are severable, and should any term
or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall
not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall
not be construed as waiver of any other term.
17.0 BINDING ON SUCCESSORS
Except as herein otherwise provided,this agreement shall inure to the benefit of and be binding upon the
parties,or any subcontractors hereto, and their respective successors and assigns.
18.0 PUBLICATION.REPRODUCTION,AND USE OF MATERIAL
Material produced in whole or in part under this Contract may be subject to a copyright in the United States,
provided that the Authority and Contractor reserve royalty-free,nonexclusive, and irrevocable license to
reproduce, publish,or otherwise use, or authorize other to use, all such material.
7
19.0 SUBLETTING,ASSIGNMENT OR TRANSFER
Neither party may sublet, sell,transfer,assign, or otherwise dispose of this Contract or any portion thereof,
or of its rights,title, interest or duties therein,without the prior written consent of the other party. No
subcontract or transfer of Contract shall in any case release the Contractor of liability under this Contract.
20.0 MINORITY BUSINESS ENTERPRISE PARTICIPATION
It is the policy of the State of Colorado that minority business enterprises shall have the maximum
practicable opportunity to participate in the performance of its grant contracts. The Contractor agrees to use
its best efforts to carry out this policy to the fullest extent practicable and consistent with the efficient
performance of this Contract. As used in this Contract,the term "minority business enterprise" means a
business, at least 50 percent of which is owned by minority group members or, in the case of publicly owned
business,at least 51 percent of the stock of which is owned by minority group members. The Contractor
may use the expertise of the State Minority Business Office within the Office of the Governor for assistance
in complying with the non-discrimination and affirmative action of this Contract and applicable statutes.
MA RESIDENCE PREFERENCE
When a contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a
preference against a non-resident bidder from a State or foreign country equal to the preference given or
required by the State or foreign country in which the non-resident bidder is a resident. If it is determined by
the officer responsible for awarding the bid that compliance with this subsection may cause denial or
Federal funds which would otherwise be available or would otherwise be inconsistent with requirements of
Federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the
moneys or to eliminate the inconsistency with Federal requirements(Section 8-19-101 and 102,CRS).
22.0 INDEMNIFICATION
To the extent authorized by law,the contractor shall indemnify, save, and hold harmless the Authority
against any and all claims, damages, liability and court awards including costs,expenses, and attorney
fees incurred as a result of any act or omission by the Contractor, or its employees, agents,
subcontractors, or assignees pursuant to the terms of this contract. Further, no term or condition of this
contract shall be construed or interpreted as a waiver,express or implied, of any of the immunities,
rights, benefits, or protections available to the parties under the Colorado Governmental Immunity Act,
CRS 24-10-101 et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as now or
hereafter amended.
23.0 CONTRACT SUSPENSION
If the Contractor fails to comply with any contractual provision,the Authority may,after notice to the
Contractor, suspend the Contract and withhold further payments or prohibit the Contractor from incurring
additional obligations of contractual funds, pending corrective action by the Contractor or a decision to
terminate in accordance with provisions herein. The Authority may determine to allow such necessary and
proper costs which the Contractor could not reasonably avoid during the period of suspension provided such
costs were necessary and reasonable for the conduct of the project.
24.0 CONTRACT TERMINATION
This Contract may be terminated as follows:
8
24.1 Termination Due to Loss of Funding. The parties hereto expressly recognize that the Contractor is
to be paid,reimbursed,or otherwise compensated with federal CDBG funds provided to the Authority
for the purpose of contracting for the services provided for herein or with program income and therefore,
the Contractor expressly understands and agrees that all its rights, demands, and claims to compensation
arising under this Contract are contingent upon receipt of such funds by the Authority. In the event that
such funds or any part thereof are not received by the Authority,the Authority may immediately
terminate or amend this Contract.
24.2 Termination for Cause. If,through any cause,the Contractor shall fail to fulfill in a timely and
proper manner his obligations under this Contract,or if the Contractor shall violate any of the covenants,
agreements,or stipulations of this Contract,the Authority shall thereupon have the right to terminate this
Contract for cause by giving written notice to the Contractor of such termination and specifying the
effective date thereof,at least five(5)days before the effective date of such termination. It is understood
that Contractor and Authority representatives shall enter into negotiations in an attempt to reach a
solution mutually acceptable to both parties within 10 days of notification of termination, if Contractor
shall so request in writing. If the Contract is terminated by the Authority as provided herein,the
Contractor will be reimbursed in an amount equal to the actual expenses incurred as of the date of
termination. Notwithstanding the above,the Contractor shall not be relieved of liability to the Authority
for any damages sustained by the Authority or the State by virtue of any breach of the Contract by the
Contractor, and the Authority may withhold any payments to the Contractor for the purpose of setoff
until such time as the exact amount of damages due the Authority or the State from the Contractor is
determined.
24.3 Termination for Convenience. The Authority may terminate this Contract at any time the Authority
determines that the purposes of the distribution of CDBG moneys under the Contract would no
longer be served by completion of the Project. The Authority shall effect such termination by giving
written notice of termination to the Contractor and specifying the effective date thereof, at least five(5)
days before the effective date of such termination.
24.4 Termination of Contract By the Contractor. The Contractor,by written notification setting forth the
reasons and specifying the effective date, at least 15 days prior to the effective date,may terminate this
agreement for good cause. Good cause may include circumstances beyond the control of the Contractor.
24.5 Return of Material. In event of termination, all finished or unfinished documents,data, studies,
surveys,drawings, maps,models,photographs, and reports or other material prepared by the Contractor
under this Contract, shall,at the option of the Authority,become its property, and the Contractor shall be
entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
24.6 Compensation. In the event of termination,the Contractor shall be paid an amount which bears the
same ratio to the total compensation as the services actually performed up to the effective date of
termination bear to the total services of the contractor covered by this Contract, less payments of
compensation previously made: Provided,however,that if less than 60 percent(60%)of the services
covered by this Contract have been performed upon the effective date of such termination,the contractor
shall be reimbursed(in addition to the above payment)for that portion of the actual out-of-pocket
expenses(not otherwise reimbursed under the Contract)incurred by the Contractor during the Contract
period which are directly attributable to the incomplete portion of the services covered by this Contract.
24.7 Remedies. Where the Contractor violates or breaches Contract terms,the Authority, in its
discretion, may, in addition to terminating this Contract, institute such administrative,contractual, legal
or equitable remedies available to the Authority as may be appropriate. In such event,the Contractor
shall pay Authority's costs and reasonable attorney fees incurred thereby.
9
25.0 THIRD PARTY BENEFICIARIES
It is expressly understood and agreed to by the parties that the enforcement of the terms and conditions of
this Contract and all rights of action related to such enforcement shall be strictly reserved to the Authority
and the named Contractor. Nothing contained in this Contract shall give or allow any claim or right of
action whatsoever to or by any third person. It is the expressed intent of the Authority and the named
Contractor that any person or entity,other than the Authority or named Contractor, receiving services or
benefits under this Contract shall be deemed an incidental beneficiary only.
10
IN WITNESS-}p WHEREOF, the parties hereto have made and executed this Contract this
9 day of eDilt 20 Oe
FOR THE WELD COUNTY HOUSING
AUTHORITY
BOARD OF COMMISSIONERS:
William H. Jerke Chair JUL 2 8 2008
CONTRACTOR:
Room at the Inn
BY:
Authorized Ag nt
Name: SILO C rU vt.' Gt 0k-
Title: c X - 1.1-Ce Gc147 I r rC C 4-0r-
11
07°93.
Exhibit "A" to Contract
SCOPE OF SERVICES
Contractor: Room at the Inn
1. PROJECT DESCRIPTION,OBJECTIVES AND REQUIREMENTS:
• Using Community Development Block Grant(CDBG) funds,the Contractor shall continue
to provide emergency shelter and services for homeless individuals and families and make
all effort to improve any and all services available. This project consists of providing CDBG
monies for shelter operations and essential services.
• These funds must benefit persons lacking a fixed,regular and adequate nighttime residence.
In the case of this contract,the contractor will continue to provide a safe and comfortable
shelter and related services for homeless individuals and families.
• This Contract provides CDBG funds in the amount of$7,500 for Project activities. The Contractor
shall supply a dollar for dollar match for the Project thus making the total Project cost under this
Contract$15,000. The Contractor is responsible for any and all Project costs in excess of this
combined,total amount
2. NATIONAL OBJECTIVE:
The Project meets the national objective of benefit to low and moderate income persons as required in
the Housing and Community Development Act of 1974,Pub.L.No. 93-383, as amended. The
Contractor shall be responsible for tracking client income and place of permanent residence for clients
served by the project. For purposes of this Contract,client data must show that on an annual basis,no
less than fifty one percent(51%)of the clients served come from low or moderate income households.
3. TIME OF PERFORMANCE:
The Project will commence upon full and proper execution of this contract and the Contract between the
Authority and the State of Colorado. The Project shall not commence before 1 July 2008 and shall be
completed on or before 30 June 2009. However,the Project time of performance may be extended by
letter, subject to mutual agreement by the State,the Authority and the Contractor. To initiate this
process, a written request shall be submitted to the Authority at least forty five(45)days prior to 30 June
2009 and shall include full justification for the extension request.
4. CONTRACT MONITORING:
The Authority or its designate shall monitor the contract pursuant to Section 15.0 within the main body of
this Contract.
12
5. BUDGET:
tttrAt..74 : e ra 9° C
, ` • E P •- `e flat a l A;
ract #4:#' ,r,^c6. ."###.A -#A-;11.4,##' rE - .
... ..... .r � _. f.,. "ti VI,:...,..eV-1;A: ..� � x ..m.... .r Prr'.Y:. ... .... .. e.y � . ....
Insurance $5000 $2,500 $2,500
Utilities $4,000 $2,000 $2,000
Transportation $1,000 $500 $500
Case Management Services $3,000 $1,500 $1,500
Counseling $2,000 $1,000 $1,000
Total: $15,000 $7,500 $7,500
6. PAYMENT SCHEDULE:
$7,500 Paid upon receipt and approval of written requests, pursuant to Section 6.0 within
the main body of this Contract, from the Contractor for funds to meet immediate
cash needs.
$7,500 TOTAL
7. REPORTING SHEDULE:
The Contractor shall provide quarterly reports to the Authority pursuant to Sections 6.0 and 9.0 within
the main body of this Contract.
13
Exhibit"B"
INSURANCE REQUIREMENTS
GENERAL INSURANCE
Prior to commencement of any work, contractor shall forward Certificates of Insurance to Weld County
Housing Authority,P.O. Box 130 Greeley, CO. 80632. The insurance required shall be procured and
maintained in full force and effect for the duration of the Contract and shall be written for not less than
the following amounts, or greater if required by law. Certificate Holder should be Weld County
Housing Authority at the above address.
Workers' Compensation and Employers'Liability
A. State of Colorado: Statutory
B. Applicable Federal: Statutory
C. Employer's Liability: $100,000 Each Accident
$500,000 Disease-Policy Limit
$100,000 Disease-Each Employee
D. Waiver of Subrogation
II. Commercial General Liability on an Occurrence Form including the following coverages: Premises
Operations;Products and Completed Operations;Personal and Advertising Injury;Medical
Payments; Contractual Liability; Independent Contractors;and Broad Form Property Damage.
Coverage provided should be at least as broad as found in Insurance Services Office (ISO) form
CG0001. Minimum limits to be as follows:
A. Bodily Injury&Property Damage General Aggregate Limit $1,000,000
B. Products & Completed Operations Aggregate Limit $1,000,000
C. Personal&Advertising Injury Limit $500,000
D. Each Occurrence Limit $500,000
Other General Liability Conditions:
1. Products and Completed Operations to be maintained for one year after final payment.
Contractor shall continue to provide evidence of such coverage to the Authority on an
annual basis during the aforementioned period (as appropriate).
2. Contractor agrees that the insurance afforded the Authority is primary.
3. If coverage is to be provided on Claims Made forms, contractor must refer policy to Risk
Management Department for approval and additional requirements.
III. Commercial Automobile Liability coverage to be provided on Business Auto, Garage, or Truckers
form. Coverage provided should be at least as broad as found in ISO form CA0001 (BAP),
CA0005 (Garage) or CA0012 (Trucker) including coverage for owned, non-owned, &hired autos.
Limits to be as follows:
A. Bodily Injury&Property Damage Combined Single Limit $1,000,000
B. Medical Payments $5,000 per person
C. Uninsured/Underinsured Motorist $100,000
IV. Excess liability: $1,000,000
V. All Insurance policies (except Workers Compensation and Professional Liability) shall include
Weld County Housing Authority and its elected officials and employees as additional
insureds as their interests may appear. The additional insured endorsement should be at least as
14
broad as ISO form CG2010 for General Liability coverage and similar forms for Commercial Auto
and Umbrella Liability.
VI. The Authority reserves the right to reject any insurer it deems not financially acceptable by
insurance industry standards. Property and Liability Insurance Companies shall be licenses to do
business in Colorado and shall have an AM Best rating of not less than B+ and/or VII.
VII. Certificates of insurance on all policies shall give the Authority written notice of not less than thirty
(30) days prior to cancellation or change in coverage.
VIII. Contractor shall furnish Weld County Housing Authority separate certificates of insurance for all
contractors and sub-contractors. Such certificate must meet all requirements listed above.
15
Emergency Shelter Grant (ESG) Program
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
Subcontract
THIS AGREEMENT dated this/20 ay of 'kJ-it ,20 OF , by and between
the BOARD OF COMMISSIONERS OF WELD COUNTY HOUSING AUTHORITY,COLORADO,
hereinafter referred to as the "Authority", and A Woman's Place Inc.hereinafter referred to as
"Contractor,"
WITNESSETH THAT
WHEREAS,the United States Government,through the Housing and Community Development Act of
1974("the Act"), Pub. L.No.93-383, as amended,has established a Community Development Block Grant
(CDBG)program and has allowed each state to elect to administer such federal funds for its nonentitlement
areas, subject to certain conditions, including a requirement that the State's program give maximum feasible
priority to activities which benefit low and moderate-income families or aid in the prevention or elimination
of slums or blight;the State's program may also include activities designed to meet other community
development needs having a particular urgency because existing conditions pose a serious and immediate
threat to the health or welfare of the community where other financial resources are not available to meet
such needs. Additionally,the State's program is subject to a federal requirement that not less than seventy
percent(70%)of the aggregate amount of CDBG funds received by the State shall be used for the support of
activities that benefit persons of very low, low, and moderate income; and
WHEREAS,Weld County Housing Authority is an eligible political subdivision to receive CDBG funds;
and
WHEREAS,the Authority,via this eligibility,may pass these funds to the Contractor;and
WHEREAS,the Authority desires to engage the Contractor to render certain services hereinafter described
as the"Project"in connection with these CDBG fund
NOW,THEREFORE,the parties hereto mutually agree as follows:
LO ENGAGEMENT OF CONTRACTOR
The Authority hereby agrees to engage the Contractor and the Contractor hereby agrees to perform the
services hereinafter set forth in Exhibit A, Scope of Services,attached hereto and incorporated herein by this
reference. Through this engagement,the Contractor guarantees compliance with all terms and provisions of
this Contract and any and all applicable terms and provisions contained in the Contract between the
Authority and the State of Colorado.
2.0 SCOPE OF SERVICES
In consideration for the moneys to be received from the Authority,the Contractor shall do, perform,and
carry out, in a satisfactory and proper manner, as determined by the Authority,all work elements as
indicated in the Scope of Services, set forth in the attached Exhibit A. Work performed prior to the Project
period as stated in the Scope of Services of this Contract shall not be considered part of this Project.
1
o?08-Go9It:
3_0 TIME OF PERFORMANCE
This Contract shall become effective upon proper execution of this Contract. The Project contemplated
herein shall commence as soon as practicable after the execution of this Contract and the Contract between
the Authority and the State of Colorado and shall be undertaken and performed in the sequence set forth in
the attached Scope of Services. The Contractor agrees that time is of the essence in the performance of its
obligations under this Contract,and that completion of the Project shall occur no later than the termination
date set forth in the Scope of Services.
4.0 SURVIVAL OF CERTAIN CONTRACT TERMS
Notwithstanding anything herein to the contrary,the parties understand and agree that all terms and
conditions of this Contract and the exhibits and attachments hereto which may require continued
performance or compliance beyond the termination date of the Contract shall survive such termination date
and shall be enforceable by the Authority as provided herein in the event of such failure to perform or
comply by the Contractor or its subcontractors.
5.0 COMPENSATION
The Authority shall compensate the Contractor on a monthly basis during period of contract for all eligible
project costs as identified in the Scope of Services of this Contract. It is expressly understood and agreed
that in no event shall the total compensation to be paid hereunder exceed the maximum amount of
Seventeen Thousand and 00/100—Dollars($17,000.00),for all services required.
6M PAYMENT METHOD
Unless otherwise provided in the Scope of Services:
6.1 the Contractor shall initiate monthly reimbursement requests by submitting to the Authority a
detailed written request for reimbursement,using the prescribed forms,of actual and proper expenditures of
CDBG/ESG funds.
6_2 the Authority may withhold any payment if the Contractor has failed to comply with program
objectives,contractual terms, or reporting requirements.
7.0 CONTRACTOR,AN INDEPENDENT CONTRACTOR
The Contractor shall be an independent Contractor, is not the agent or employee of the Authority,and shall
have no authorization, express, implied, or apparent,to bind the Authority to any agreements, settlements,
liability,or understanding except as expressly set forth herein.
8_0 PERSONNEL
The Contractor represents that he/she has,or shall secure, at his/her own expense, all personnel required in
performing the services under this Contract. Such personnel shall not be employees or contractors of the
Authority or the State.
8.1 QUALIFICATIONS All of the services required hereunder shall be performed by the Contractor,
or under his/her supervision,and all personnel engaged in the work shall be fully qualified and shall be
eligible under the law to perform such services.
2
8.2 LICENSURE Where the State or local public jurisdictions require licensure for the provision of
services provided hereunder,the Contractor and any subcontractors shall be properly licensed therefore.
90 PERFORMANCE AND FINANCIAL REPORTING
The Contractor shall submit to the Authority a quarterly performance report according to the prescribed
form. Quarterly performance reports will be submitted to the designated CDBG/ESG Program
Administrator Weld County Housing Authority P.O.Box 130 Greeley, CO 80632. These reports are to
represent calendar quarters and are due on the fifth(5th)business day of the month following the end of the
quarter. The project shall be completed on or before 30 June 2009. If project completion occurs during a
given quarter,the final report will be submitted in lieu of a quarterly report.
1110 ACCOUNTING RECORDS
Accounting records which fairly present the financial status of the Contractor or the programs funded by the
Authority shall be maintained and kept current for the Contract period,and shall provide the Authority
access to these records for a period of three(3)years from the date of the final payment for this project
received by the Contractor. Records shall include all back-up documents such as invoices,billings,receipts,
and transaction records. The Contractor shall,at all times from the effective date of this Contract until
completion of this Contract,comply with the administrative requirements, cost principles, and other
requirements set forth in OMB Circular A-110.
11.0 AUDITS AND INSPECTIONS
During the Contract period,the retention period and for as long thereafter as the records are maintained,at
any time during normal business hours,the Authority,the State,or their authorized representatives,shall
have the right of access to any books,documents,papers or other records of the Contractor with respect to
all matters covered by this Contract and the Contract between the Authority and the State of Colorado in
order to make audit, examination,excerpts,transcripts,and photocopies.
12.0 MODIFICATION AND AMENDMENT
Modification by operation of Law. This Contract is subject to such modifications as may be required by
changes in Federal or State law or regulations. Any such required modification shall be in writing and shall
be incorporated into and be part of this Contract as if fully set forth herein.
12.1 Other Modifications. If either the Authority or the Contractor desires to modify the terms of this
Contract,written notice of the proposed modification shall be given to the other party. No such
modification shall take effect unless agreed to in writing by both parties in an amendment to this
Contract properly executed and approved in accordance with applicable law.
12.2 Integration. This Contract, as written,with attachments and references, is intended as the
complete integration of all understanding between the parties at this time and no prior or
contemporaneous addition, deletion, or amendment hereto, shall have any force or effect whatsoever,
unless embodied in a written authorization or contract amendment incorporating such changes, executed
and approved pursuant to applicable law.
3
13.0 PROCUREMENT
Conflict of Interest. In the Case of Procurement. In the procurement of supplies, equipment, construction,
and services by the Contractor,no employee,officer, or agent of the Contractor shall participate in the
selection or in the award of administration of a Contract if a conflict of interest, real or apparent,would be
involved. Such a conflict would arise when the employee,officer, or agent; any member of his immediate
family; his partner; or an organization which employs, or is about to employ, any of the above, has a
financial or other interest in the party or firm selected for award. Officers,employees, or agents of the
Contractor shall neither solicit nor accept gratuities, favors,or anything of monetary value from parties or
potential parties to contracts. Unsolicited items provided as gifts are not prohibited if the intrinsic value of
such items is nominal.
13.1 In All Cases Other Than Procurement. In all cases other than procurement, (including the provision
of housing rehabilitation assistance to individuals,the provision of assistance to businesses, and the
acquisition and disposition of real property),no persons described in Section 13.0 above who
exercise or have exercised any functions or responsibilities with respect to CDBG/ESG activities or who
are in a position to participate in a decision making process or gain inside information with regard to such
activities,may obtain a personal or financial interest or benefit from the activity, or have an interest in
any Contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for
themselves or those with whom they have family or business ties, during their tenure or for one year
thereafter.
14.0 COMPLIANCE WITH APPLICABLE LAWS
At all times during the performance of this Contract,the Contractor shall strictly adhere to all applicable
Federal and State laws,orders, and all applicable standards,regulations, interpretations,or guidelines issued
pursuant thereto. The applicable Federal laws and regulations include:
14.1 National Environmental Policy Act of 1969(42 USC 4321 et seq.),as amended, and the
implementing regulations of HUD(24 CFR Part 58)and of the Authority on Environmental Quality(40
CFR Parts 1500- 1508)providing for establishment of national policy,goals,and procedures for
protecting, restoring, and enhancing environmental quality.
14.2 National Historic Preservation Act of 1966 (16USC 470 et seq.)as amended,requiring
consideration of the effect of a project on any district, site, building, structure, or object that is included
in or eligible for inclusion in the National Register of historic Places.
14.3 Executive Order 11593,Protection and Enhancement of the Cultural Environment,May 13, 1971
(36 FR 8921 et seq.),requiring that federally-funded projects contribute to the preservation and
enhancement of sites, structures, and objects of historical,architectural,or archaeological significance.
14.4 The Archaeological and Historical Data Preservation Act of 1974, amending the Reservoir Salvage
Act of 1960(16 USC 469 et seq.), providing for the preservation of historic and archaeological data that
would be lost due to federally-funded development and construction activities.
14.5 Executive Order 11988,Floodplain Management,May 24, 1977 (42 FR 26951 et seq.),prohibits
undertaking certain activities in flood plains unless it has been determined that there is no practical
alternative, in which case notice of the action must be provided and the action must be designed or
modified to minimize potential damage.
14.6 Executive Order 11990,Protection of Wetlands,May 24, 1977 (42 FR 26961 et seq.),requiring
review of all actions proposed to be located in or appreciably affecting a wetland. Undertaking or
4
assisting new construction located in wetlands must be avoided unless it is determined that there is no
practical alternative to such construction and that the proposed action includes all practical measures to
minimize potential damage.
14.7 Safe Drinking Water Act of 1974(42 USC 201,300 f et seq., 7401 et seq.), as amended,prohibiting
the commitment of federal financial assistance for any project which the Environmental Protection
Agency determines may contaminate an aquifer which is the sole or principal drinking water source for
an area.
14.8 The Endangered Species Act of 1973 (16 USC 1531 et seq.), as amended,requiring that actions
authorized,funded,or carried out by the federal government do not jeopardize the continued existence of
endangered and threatened species or result in the destruction or modification of the habitat of such
species which is determined by the Department of the Interior,after consultation with the State,to be
critical.
14S The Wild and Scenic Rivers Act of 1968 (16 USC 1271 et seq.), as amended,prohibiting federal
assistance in the construction of any water resources project that would have a direct and adverse affect
on any river included in or designated for study or inclusion in the National Wild and Scenic Rivers
System.
14.10 The Clean Air Act of 1970(42 USC 1857 et seq.), as amended,requiring that federal assistance
will not be given and that license or permit will not be issued to any activity not conforming to the State
implementation plan for national primary and secondary ambient air quality standards.
14.11 HUD Environmental Criteria and Standards(24 CFR Part 51)providing national standards for
noise abatement and control, acceptable separation distances from explosive or fire prone substances and
suitable land uses for airport runway clear zones.
14.12 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970-Title III,
Real Property Acquisition(Pub.L. 91-646 and implementing regulations at 24 CFR Part 42),providing
for uniform and equitable treatment of persons displaced from their homes,businesses, or farms by
federal or federally-assisted programs and establishing uniform and equitable land acquisition policies
for federal assisted programs. Requirements include bona fide land appraisals as a basis for land
acquisition, specific procedures for selecting contract appraisers and contract negotiations,furnishing to
owners of property to be acquired a written summary statement of the acquisition price offered based on
the fair market price, and specified procedures connected with condemnation.
14.13 Uniform Relocation Assistance and Real Property Acquisition Act of 1970-Title III,Uniform
Relocation Assistance(Pub. L. 91-646 and implementing regulations at 24 CFR Part 42),providing for
fair and equitable treatment of all persons displaced as a result of any federal or federally-assisted
program. Relocation payments and assistance, last-resort housing,replacement by displacing agency,
and grievance procedures are covered under the Uniform Act. Payments and assistance will be made
pursuant to state or local law, or the grant recipient must adopt a written policy available to the public
describing the relocation payments and assistance that will be provided. Moving expenses and up to
$22,500 or more for each qualified homeowner or up to $5,250 or more for each tenant are potential
costs.
14.14 Davis-Bacon Fair Labor Standards Act(40 USC 276a-276a-5)requiring that, on all contracts and
subcontracts which exceed$2,000 for federally-assisted construction,alteration or rehabilitation,
laborers and mechanics employed by contractors or subcontractors shall be paid wages at rates not less
than those prevailing on similar construction in the locality as determined by the Secretary of Labor.
5
This requirement applies to the rehabilitation of residential property only if such property is designed for
use of eight or more families.
14.15 Contract Work Hours and Safety Standards Act of 1962(40 USC 327 et seq.), requiring that
mechanics and laborers employed on federally-assisted contracts which exceed $2,000 be paid wages of
not less than one and one-half times their basic wage rates for all hours worked in excess of forty in a
work week.
14.16 Copeland "Anti-Kickback" Act of 1934(40 USC 276(c))prohibiting and prescribing penalties for
"kickbacks" of wages in federally-financed or assisted construction activities.
14.17 The Fair Housing Act(42 USC 3601-20), as amended,prohibiting housing discrimination on the
basis of race,color,religion, sex,national origin,handicap,and familial status.
14.18 The Lead Based Paint Poisoning Prevention Act--Title IV(42 USC 4831)prohibiting the use of
lead-based paint in residential structures constructed or rehabilitated with Federal assistance,and
requiring notification to purchasers and tenants of such housing of the hazards of lead-based paint and of
the symptoms and treatment of lead-based paint poisoning.
14.19 Section 109 of the Housing and Community Development Act of 1974 (42 USC 5309), as
amended,providing that no person shall be excluded from participation(including employment), denied
program benefits or subjected to discrimination on the basis of race, color,national origin or sex under
any program or activity funded in whole or in part under Title I(Community Development)of the Act.
14.20 Title IV of the Civil Rights Act of 1964 (Pub.L. 88-352; 42 USC 2000(d))prohibiting
discrimination on the basis of race,color, or national origin in any program or activity receiving Federal
financial assistance.
14.21 Title VIII of the Civil Rights Act of 1968 (Pub.L. 90-284; 42 USC 3601), as amended,popularly
known as the Fair Housing Act,prohibiting housing discrimination on the basis of race, color,religion,
sex, or national origin, and requiring HUD to administer its programs in a manner affirmatively promotes
fair housing.
14.22 Executive Order 11246(1965), as amended by Executive Orders 11375, prohibiting
discrimination on the basis of race,color,religion, sex or national origin in any phase of employment
during the performance of Federal or Federally-assisted contracts in excess of$2,000.
14.23 Executive Order 11063 (1962),as amended by Executive Order 12259,requiring equal
opportunity in housing by prohibiting discrimination on the basis of race,color, religion, sex or national
origin in the sale or rental of housing built with Federal assistance.
14.24 Section 504 of the Rehabilitation Act of 1973 (29 USC 793),as amended,providing that no
otherwise qualified individual shall,solely by reason of a handicap,be excluded from participation
(including employment), denied program benefits or subjected to discrimination under any program or
activity receiving Federal funds.
14.25 Age Discrimination Act of 1975,(42 USC 6101),as amended, providing that no person shall be
excluded from participation,denied program benefits or subjected to discrimination on the basis of age
under any program or activity receiving Federal funds.
6
14.26 Debarred, Suspended, or Ineligible Contractors,(24 CFR,Part 24),requiring that for procurement
of property, non personal services, Contractor shall evaluate past performance of participants in
programs administered by the Department of Housing and Urban Development, as well as other relevant
aspects of the record and status of the participants,by consulting with HUD's"Consolidated List of
Debarred, Suspended,and Ineligible Contractors and Grantee." This will be accomplished by requesting
such information in writing from Authority. Authority will obtain necessary approvals from the State
Department of Local Affairs, Division of Housing.
14.27 Uniform Federal Accessibility Standards,(24 CFR, Par 40,Appendix A),requiring that for major
rehabilitation or conversion of buildings, prescribed standards for the design,construction, and alteration
of publicly owned residential structures shall be followed to insure that physically handicapped persons
will have ready access to,and use of such structures.
14.28 Applicable State Laws, The laws of the State of Colorado and rules and regulations issued
pursuant thereto shall be applied in the interpretation, execution and enforcement of this Contract. Any
provision of the Contract whether or not incorporated herein by reference which provides for arbitration
by any extra judicial body or person or which is otherwise in conflict with said laws, rules and
regulations shall be considered null and void. Nothing contained in any provision incorporated herein by
reference which purports to negate this or any other special provision in whole or in part shall be valid or
enforceable or available in any action at law whether by way of complaint,defense or otherwise. Any
provision rendered null and void by the operation of this provision will not invalidate the remainder of
this Contract to the extent that the Contract is capable of execution.
15.0 MONITORING AND EVALUATION
The Authority will monitor and evaluate this Contract with the Contractor under the CDBG/ESG program.
The Contract will be monitored for compliance with the rules,regulations,requirements,and guidelines
which the Authority has promulgated or may promulgate and will be monitored periodically during the
operation of the project and upon its completion. This Contract may also be subject to monitoring and
evaluation by the State of Colorado,Department of Local Affairs, and the U.S. Department of Housing and
Urban Development.
16.0 SEVERABILITY
To the extent that this Contract may be executed and performance of the obligations of the parties may be
accomplished within the intent of the Contract,the terms of this Contract are severable, and should any term
or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall
not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall
not be construed as waiver of any other term.
17.0 BINDING ON SUCCESSORS
Except as herein otherwise provided,this agreement shall inure to the benefit of and be binding upon the
parties,or any subcontractors hereto, and their respective successors and assigns.
18.0 PUBLICATION,REPRODUCTION,AND USE OF MATERIAL
Material produced in whole or in part under this Contract may be subject to a copyright in the United States,
provided that the Authority and Contractor reserve royalty-free,nonexclusive, and irrevocable license to
reproduce,publish,or otherwise use, or authorize other to use, all such material.
7
19.0 SUBLETTING,ASSIGNMENT OR TRANSFER
Neither party may sublet, sell,transfer,assign,or otherwise dispose of this Contract or any portion thereof,
or of its rights,title, interest or duties therein,without the prior written consent of the other party. No
subcontract or transfer of Contract shall in any case release the Contractor of liability under this Contract.
20.0 MINORITY BUSINESS ENTERPRISE PARTICIPATION
It is the policy of the State of Colorado that minority business enterprises shall have the maximum
practicable opportunity to participate in the performance of its grant contracts. The Contractor agrees to use
its best efforts to carry out this policy to the fullest extent practicable and consistent with the efficient
performance of this Contract. As used in this Contract,the term"minority business enterprise" means a
business,at least 50 percent of which is owned by minority group members or, in the case of publicly owned
business,at least 51 percent of the stock of which is owned by minority group members. The Contractor
may use the expertise of the State Minority Business Office within the Office of the Governor for assistance
in complying with the non-discrimination and affirmative action of this Contract and applicable statutes.
21.0 RESIDENCE PREFERENCE
When a contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a
preference against a non-resident bidder from a State or foreign country equal to the preference given or
required by the State or foreign country in which the non-resident bidder is a resident. If it is determined by
the officer responsible for awarding the bid that compliance with this subsection may cause denial or
Federal funds which would otherwise be available or would otherwise be inconsistent with requirements of
Federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the
moneys or to eliminate the inconsistency with Federal requirements(Section 8-19-101 and 102,CRS).
210 INDEMNIFICATION
To the extent authorized by law,the contractor shall indemnify, save, and hold harmless the Authority
against any and all claims, damages, liability and court awards including costs, expenses, and attorney
fees incurred as a result of any act or omission by the Contractor, or its employees, agents,
subcontractors, or assignees pursuant to the terms of this contract. Further, no term or condition of this
contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities,
rights, benefits, or protections available to the parties under the Colorado Governmental Immunity Act,
CRS 24-10-101 et seq. or the Federal Tort Claims Act,28 U.S.C. 2671 et seq. as applicable, as now or
hereafter amended.
23.0 CONTRACT SUSPENSION
If the Contractor fails to comply with any contractual provision,the Authority may,after notice to the
Contractor, suspend the Contract and withhold further payments or prohibit the Contractor from incurring
additional obligations of contractual funds,pending corrective action by the Contractor or a decision to
terminate in accordance with provisions herein. The Authority may determine to allow such necessary and
proper costs which the Contractor could not reasonably avoid during the period of suspension provided such
costs were necessary and reasonable for the conduct of the project.
24.0 CONTRACT TERMINATION
This Contract may be terminated as follows:
8
24.1 Termination Due to Loss of Funding. The parties hereto expressly recognize that the Contractor is
to be paid,reimbursed,or otherwise compensated with federal CDBG funds provided to the Authority
for the purpose of contracting for the services provided for herein or with program income and therefore,
the Contractor expressly understands and agrees that all its rights, demands,and claims to compensation
arising under this Contract are contingent upon receipt of such funds by the Authority. In the event that
such funds or any part thereof are not received by the Authority,the Authority may immediately
terminate or amend this Contract.
24.2 Termination for Cause. If,through any cause,the Contractor shall fail to fulfill in a timely and
proper manner his obligations under this Contract,or if the Contractor shall violate any of the covenants,
agreements,or stipulations of this Contract,the Authority shall thereupon have the right to terminate this
Contract for cause by giving written notice to the Contractor of such termination and specifying the
effective date thereof, at least five(5)days before the effective date of such termination. It is understood
that Contractor and Authority representatives shall enter into negotiations in an attempt to reach a
solution mutually acceptable to both parties within 10 days of notification of termination, if Contractor
shall so request in writing. If the Contract is terminated by the Authority as provided herein,the
Contractor will be reimbursed in an amount equal to the actual expenses incurred as of the date of
termination. Notwithstanding the above,the Contractor shall not be relieved of liability to the Authority
for any damages sustained by the Authority or the State by virtue of any breach of the Contract by the
Contractor,and the Authority may withhold any payments to the Contractor for the purpose of setoff
until such time as the exact amount of damages due the Authority or the State from the Contractor is
determined.
24.3 Termination for Convenience. The Authority may terminate this Contract at any time the Authority
determines that the purposes of the distribution of CDBG moneys under the Contract would no
longer be served by completion of the Project. The Authority shall effect such termination by giving
written notice of termination to the Contractor and specifying the effective date thereof,at least five(5)
days before the effective date of such termination.
24.4 Termination of Contract By the Contractor. The Contractor,by written notification setting forth the
reasons and specifying the effective date, at least 15 days prior to the effective date, may terminate this
agreement for good cause. Good cause may include circumstances beyond the control of the Contractor.
24.5 Return of Material. In event of termination,all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs,and reports or other material prepared by the Contractor
under this Contract,shall, at the option of the Authority,become its property,and the Contractor shall be
entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
24.6 Compensation. In the event of termination,the Contractor shall be paid an amount which bears the
same ratio to the total compensation as the services actually performed up to the effective date of
termination bear to the total services of the contractor covered by this Contract, less payments of
compensation previously made: Provided, however that if less than 60 percent(60%)of the services
covered by this Contract have been performed upon the effective date of such termination,the contractor
shall be reimbursed(in addition to the above payment)for that portion of the actual out-of-pocket
expenses(not otherwise reimbursed under the Contract) incurred by the Contractor during the Contract
period which are directly attributable to the incomplete portion of the services covered by this Contract.
24.7 Remedies. Where the Contractor violates or breaches Contract terms,the Authority, in its
discretion, may, in addition to terminating this Contract, institute such administrative, contractual, legal or
equitable remedies available to the Authority as may be appropriate. In such event,the Contractor shall pay
Authority's costs and reasonable attorney fees incurred thereby.
9
25.0 THIRD PARTY BENEFICIARIES
It is expressly understood and agreed to by the parties that the enforcement of the terms and conditions of
this Contract and all rights of action related to such enforcement shall be strictly reserved to the Authority
and the named Contractor. Nothing contained in this Contract shall give or allow any claim or right of
action whatsoever to or by any third person. It is the expressed intent of the Authority and the named
Contractor that any person or entity, other than the Authority or named Contractor, receiving services or
benefits under this Contract shall be deemed an incidental beneficiary only.
10
IN WITNESS WHEREOF, the parties hereto have made and executed this Contract this
et
day of 07UIy 20 O(17
FOR THE WELD COUNTY HOUSING
AUTHORITY
BOARD OF COMMISSIONERS:
William H. Jerke Chair JUL 2 8 2008
CONTRACTOR:
A Woman's Place Inc.
BY:
Au on cat)
Name: cat)
Title: ' )coact) uzilfp c1"
11
c9008-a0ti
Exhibit "A" to Contract
SCOPE OF SERVICES
Contractor: A Woman's Place, Inc.
1. PROJECT DESCRIPTION,OBJECTIVES AND REQUIREMENTS:
• Using Community Development Block Grant(CDBG)funds,the Contractor shall continue
to provide emergency shelter and services for homeless individuals and families and make
all effort to improve any and all services available. This project consists of providing CDBG
monies for shelter operations and essential services.
• These funds must benefit persons lacking a fixed, regular and adequate nighttime residence.
In the case of this contract,the contractor will continue to provide a safe and comfortable
shelter and related services for homeless individuals and families.
• This Contract provides CDBG funds in the amount of$17,000 for Project activities. The Contractor
shall supply a dollar for dollar match for the Project thus making the total Project cost under this
Contract$34,000. The Contractor is responsible for any and all Project costs in excess of this
combined,total amount
2. NATIONAL OBJECTIVE:
The Project meets the national objective of benefit to low and moderate income persons as required in
the Housing and Community Development Act of 1974,Pub.L.No. 93-383,as amended. The
Contractor shall be responsible for tracking client income and place of permanent residence for clients
served by the project. For purposes of this Contract,client data must show that on an annual basis,no
less than fifty one percent(51%)of the clients served come from low or moderate income households.
3. TIME OF PERFORMANCE:
The Project will commence upon full and proper execution of this contract and the Contract between the
Authority and the State of Colorado. The Project shall not commence before 1 July 2008 and shall be
completed on or before 30 June 2009. However,the Project time of performance may be extended by
letter, subject to mutual agreement by the State,the Authority and the Contractor. To initiate this
process, a written request shall be submitted to the Authority at least forty five(45)days prior to 30 June
2009 and shall include full justification for the extension request.
4. CONTRACT MONITORING:
The Authority or its designate shall monitor the contract pursuant to Section 15.0 within the main body of
this Contract.
12
5. BUDGET:
Utilities $10,000 $5,000 $5,000
Re'airs/Maintenance $4,000 $2,000 $2,000
Insurance $4,000 $2,000 $2,000
Case Mana:ement Services $16,000 $8,000 $8,000
Total: $34,000 $17,000 $17,000
6. PAYMENT SCHEDULE:
$17,000 Paid upon receipt and approval of written requests,pursuant to Section 6.0 within
the main body of this Contract,from the Contractor for funds to meet immediate
cash needs.
$17,000 TOTAL
7. REPORTING SHEDULE:
The Contractor shall provide quarterly reports to the Authority pursuant to Sections 6.0 and 9.0 within
the main body of this Contract.
13
Exhibit"B"
INSURANCE REOUIREMENTS
GENERAL INSURANCE
Prior to commencement of any work, contractor shall forward Certificates of Insurance to Weld County
Housing Authority, P.O. Box 130 Greeley CO 80632.The insurance required shall be procured and
maintained in full force and effect for the duration of the Contract and shall be written for not less than
the following amounts, or greater if required by law. Certificate Holder should be Weld County
Housing Authority at the above address.
Workers' Compensation and Employers'Liability
A. State of Colorado: Statutory
B. Applicable Federal: Statutory
C. Employer's Liability: $100,000 Each Accident
$500,000 Disease-Policy Limit
$100,000 Disease-Each Employee
D. Waiver of Subrogation
II. Commercial General Liability on an Occurrence Form including the following coverages: Premises
Operations;Products and Completed Operations;Personal and Advertising Injury;Medical
Payments;Contractual Liability;Independent Contractors; and Broad Form Property Damage.
Coverage provided should be at least as broad as found in Insurance Services Office (ISO) form
CG0001. Minimum limits to be as follows:
A. Bodily Injury&Property Damage General Aggregate Limit $1,000,000
B. Products &Completed Operations Aggregate Limit $1,000,000
C. Personal&Advertising Injury Limit $500,000
D. Each Occurrence Limit $500,000
Other General Liability Conditions:
1. Products and Completed Operations to be maintained for one year after final payment.
Contractor shall continue to provide evidence of such coverage to the Authority on an
annual basis during the aforementioned period (as appropriate).
2. Contractor agrees that the insurance afforded the Authority is primary.
3. If coverage is to be provided on Claims Made forms, contractor must refer policy to Risk
Management Department for approval and additional requirements.
III. Commercial Automobile Liability coverage to be provided on Business Auto, Garage, or Truckers
form. Coverage provided should be at least as broad as found in ISO form CA0001 (BAP),
CA0005 (Garage) or CA0012 (Trucker) including coverage for owned, non-owned, &hired autos.
Limits to be as follows:
A. Bodily Injury&Property Damage Combined Single Limit $1,000,000
B. Medical Payments $5,000 per person
C. Uninsured/Underinsured Motorist $100,000
IV. Excess Liability: $1,000,000
V. All Insurance policies (except Workers Compensation and Professional Liability) shall include
Weld County Housing Authority and its elected officials and employees as additional
14
insureds as their interests may appear. The additional insured endorsement should be at least as
broad as ISO form CG2010 for General Liability coverage and similar forms for Commercial Auto
and Umbrella Liability.
VI. The Authority reserves the right to reject any insurer it deems not financially acceptable by
insurance industry standards. Property and Liability Insurance Companies shall be licenses to do
business in Colorado and shall have an AM Best rating of not less than B+ and/or VII.
VII. Certificates of insurance on all policies shall give the Authority written notice of not less than thirty
(30) days prior to cancellation or change in coverage.
VIII. Contractor shall furnish Weld County Housing Authority separate certificates of insurance for all
contractors and sub-contractors. Such certificate must meet all requirements listed above.
15
Hello