HomeMy WebLinkAbout840625.tiff RESOLUTION
RE : APPROVE REVISIONS TO CONTRACT BETWEEN WELD COUNTY AND
DEPARTMENT OF LOCAL AFFAIRS CONCERNING COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FOR THE TOWN OF KERSEY AND
TOWN OF GILL , COLORADO, AND AUTHORIZATION FOR THE CHAIRMAN
TO INITIAL
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 of County Commissioners of Weld County,
Colorado , on the 5th day of September, 1984 , approved a contract
between Weld County, Colorado, and the Department of Local
Affairs concerning Community Development Block Grant funds for
the Town of Kersey and Town of Gill , and
WHEREAS , based upon a recommendation of the Attorney
General ' s Office , the Department of Local Affairs has made some
minor revisions to said contract, and
WHEREAS , the Department of Local Affairs has submitted a
contract with revisions to Weld County to be approved, with
revisions to be initialed by the Chairman of the Board, and
WHEREAS , after review, the Board deems it advisable to
approve the revisions to said contract , a copy of said contract
being attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado , that the revisions to
the contract between Weld County, Colorado, and the Department
of Local Affairs concerning the Town of Kersey and Town of Gill ,
Colorado , be , and hereby are , approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be ,
and hereby is , authorized to initial said revisions .
840625
fiPCO//
Page 2
RE: REVISIONS TO CDBG CONTRACT
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 22nd day of
October, A.D. , 1984 .
' i BOARD OF COUNTY COMMISSIONERS
ATTEST: "'" WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board Norman Carlson,, C
By: - i2, ine nsoo-Tem
DeputtCoun Clerk 0/Yl�/(/
APPROVED AS TO FORM: Oen R. Brant ,z
C---->CIL -- er
c Car son
County Attorney � �., '70)7r/A754,-.)
J n T. Martial
t7!
Form 6•AC.02A DEPARTMENT OR AGENCY NUMBER
CONTRACT ROUTING NUMBER
• CONTRACT
THIS CONTRACT. made this 16 day of July 19 84 by and between the
State of Colorado for the use and benefit of the Department of '' Local Affairs
hereinafter referred to as the State, and 'a County of Weld "({ti
hereinafter referred to as the contractor. YY
WHEREAS. authority exists in the Law and Funds ftave been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 1001
G/L Account Number 50277 . Contract Encumbrance Number C854471 ; and
WHEREAS. required approval. clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS, the United States Government, through the Housing and Community
Development Act of 1974, 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 maximal, feasible priority to activities which will 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 fifty-one percent (51%) of the aggregate amount of CDBG
funds received by the state shall be used for the support of activities that
benefit persons of low- and moderate-income; and
WHEREAS, the State of Colorado has elected to administer such federal
funds for its nonentitlement areas through the Colorado Department of Local
Affairs, Division of Local Government, Division of Commerce and Development
and Division of Housing, pursuant to C.R.S. 1973, 24-32-106(1 ) (d) ,
24-32-304(2) (j) and 24-32-705(1 ) (i) ; and
WHEREAS, the Department of Local Affairs ("Department" ) has received
applications from political subdivisions in Colorado for allocations from the
federal CDBG funds available to Colorado; and
WHEREAS, the Contractor is one of the eligible political subdivisions to
receive CDBG funds; and
WHEREAS, the Department has approved the proposed Project of the
Contractor;
NOW THEREFORE it is hereby agreed that:
1 . Area Covered. The Contractor shall perform and accomplish all the
necessary work and services provided under this Contract, as described in the
"Scope of Services" set forth in the attached Exhibit A, which is incorporated
herein and made part of this Contract by reference, in connection with and
respecting the following area or
areas: County of Weld •
2. Scope of Services. In consideration for the monies to be received
from the State, the Contractor shall do, perform, and carry out, in a
satisfactory and proper manner, as determined by the State, all work elements
as indicated in the "Scope of Services," set forth in the attached Exhibit A,
hereinafter referred to as the "Project. " Work performed prior to the
execution of this Contract shall not be considered part of this Project.
3. Responsible Administrator. The performance of the services required
hereunder shall be under the direct supervision of James M. Sheehan
3958301.10'14 Page I of .. pages
an employee or agent of Contractor, who is hereby designated as the
administrator-in-charge of this Project. At any time the administrator-in-
charge is not assigned to this Project, all work shall be suspended until the
Contractor assigns a mutually acceptable replacement administrator-in-charge
and the State receives notification of such replacement assignment.
4. 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 shall be
undertaken and performed in the sequence set forth in the "Time of
Performance" 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 Time of Performance.
5. Obligation, Expenditure and Disbursement of Funds.
a) Prior Expenses. Expenses incurred by the Contractor in association
with said Project prior to execution of this Contract are not eligible CDBG
expenditures and shall not be reimbursed by the State.
b) Environmental Review Procedures. Funds shall not be obligated or
utilized for any activities requiring a release of funds by the State under
the Environmental Review Procedures for the CDBG program at 24 CFR Part 58
until such release is issued in writing. Administrative costs, reasonable
engineering and design costs, and costs of other exempt activities identified
in 24 CFR 58.34 (a) (1 ) through (8) do not require a release of funds by the
State. For categorically excluded activities listed in 58.35 (a) determined
to be exempt because there are no circumstances which require compliance with
any other Federal laws and authorities cited at 58.5, the Contractor must make
and document such a determination of exemption prior to incurring costs for
such activities.
c) Community Development Plan Requirement. Prior to receiving
disbursements ofCOB& funds from the State, the Contractor shall identify its
community development and housing needs, including the needs of low- and
moderate-income persons, and the activities to be undertaken to meet such
needs, and shall certify to the State that such an identification of needs and
proposed activities has been completed.
6. Definition of Low- and Moderate-Income Persons. Low-income and
moderate-income persons are defined, for the purposes of this contract, as
those persons who are members of low-income and moderate-income households as
set forth in the attached Exhibit B or as subsequently promulgated in writing
by the State.
7. Employment Referrals. Unless otherwise specified in the Scope of
Services, the Contractor and all subcontractors shall , to the extent feasible,
consider referrals offered by either the Job Training Partnership Act Service
Delivery Area employment and training agency or the Job Service Center in the
area as candidates in filling new jobs supported by or created as a result of
CDBG funds provided by this Contract.
8. Citizen Participation. The Contractor shall provide citizens with
reasonable notice of, and opportunity to comment on, any substantial change
proposed to be made in the use of CDBG funds from one eligible activity to
another by following the same procedures required for the preparation and
submission of its CDBG application to the State. The Contractor shall also
comply with the procedure set forth in Paragraph 20 hereinafter regarding the
modification and amendment of this Contract.
9. Minimizing Displacement and Providing Displacement Benefits. The
Contractor shall minimize displacement of persons as a result of activities
assisted with CDBG funds. In the event displacement does occur and is
governed by the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended, (the Act), the Contractor shall comply with
the requirements of the Act. In the event displacement results from
acquisition or substantial rehabilitation and is not governed by the Act, the
Contractor shall provide reasonable benefits to any person involuntarily and
permanently displaced.
Page 2 of 12 Pages
10. Affirmatively Furthering Fair Housing. The Contractor shall
affirmatively further fair housing in addition to conducting and administering
its project in confirmity with Public Law 88-352 and Public Law 90-284 as
required in Paragraph 25 hereinafter.
11 . Recovery of Capital Costs of Public Improvements. The Contractor
shall not attempt to recover any capital costs of public improvements assisted
in whole or part with CDBG funds by assessing any amount against properties
owned and occupied by persons of low and moderate income, including any fee
charged or assessment made as a condition of obtaining access to such public
improvements, unless:
a) CDBG funds are used to pay the proportion of such fee or assessment
that relates to the capital costs of such public improvements that are
financed from revenue sources other than the CDBG program, or
b) for the purposes of assessing any amount against properties owned and
occupied by persons of moderate income who are not persons of low income, it
certifies that it lacks sufficient CDBG funds to comply with the requirements
of subparagraph (a) hereinabove.
12. Compensation and Method of Payment. The State agrees to pay to the
Contractor, in consideration for the work and services to be performed, a
total amount not to exceed Two Hundred Ninety-Five Thousad
Dollars ($ 295,000.00 ). The method and time of
payment shall be made in accordance with the "Payment Method" set forth in
paragraph 14.
13. Financial Management. At all times from the effective date of this
Contract until completion of this Contract, the Contractor shall comply with
the administrative requirements and cost principles set forth in the "Block
Grant Financial Management" section of the State of Colorado, Local
Government, Financial Management Manual (June 1981 as amended and
supplemented) (hereinafter "Financial Management Manual") .
14. Payment Method. Unless otherwise provided in the Scope of Services:
a) the Contractor shall •periodically initiate all drawdown requests by
submitting to the Department a written request using the State-provided form,
for reimbursement of actual and proper expenditures of State CDBG funds plus
an estimation of funds needed for a reasonable length of time.
b) The State may withhold any payment if the Contractor has failed to
comply with the Financial Management Manual , program objectives, contractual
terms or reporting requirements.
c) Within one hundred and eighty (180) days 'after completion of the
project, the Contractor shall request the final project payment, which is the
five (5) percent which will be withheld by t e State until project completion,
by submitting to the Department a final financial status report on the state
form provided in the Financial Management Manual and a final programmatic
report in the manner and method prescribed by the State.
15. Audit.
a) Discretionary Audit. The State, through the Executive Director of
the Department, the State Auditor, or any of their duly authorized
representatives, including an independent Certified Public Accountant of the
State's choosing, or the federal government or any of its properly delegated
or authorized representatives shall have the right to inspect, examine, and
audit the Contractor's (and any subcontractor's) records, books, accounts and
other relevant documents. Such discretionary audit may be requested at any
time and for any reason from the effective date of this Contract until five
(5) years after the date final payment for this Project is received by the
Contractor, provided that the audit is performed during normal business hours.
b) Mandatory Audit. Whether or not the State calls for a discretionary
audit as provided above, the Contractor shall include the Project in an annual
audit and audit report as required by the Colorado Local Government Audit Law,
C.R.S. 1973, 29-1-601 , et seq, and the Financial Management Manual . Such audit
Page 3 of 12 Pages
report shall be simultaneously submitted to the Department and the State
Auditor. Thereafter, the Contractor shall supply the Department with copies
of all correspondence from the State Auditor related to the relevant audit
report. If the audit reveals evidence of non-compliance with applicable law,
the Department reserves the right to institute compliance or other appropriate
proceedings notwithstanding any other judicial or administrative actions filed
pursuant to C.R.S. 1973, 29-1-607 or 29-1-608.
16. Contractor An Independent Contractor. Contractor shall be an
independent contractor and shall have no authorization, express or implied, to
bind the State to any agreements, settlements, liability or understanding
except as expressly set forth herein.
17. Personnel . The Contractor respresents that he has, or will secure at
his own expense, unless otherwise stated in the Scope of Services, all
personnel , as employees of the Contractor, necessary to perform the work and
services required to be performed by the Contractor under this Contract. Such
personnel may not be employees of or have any contractual relationship with
the State. All of the services required hereunder will be performed by the
Contractor or under his supervision, and all personnel engaged in the work
shall be fully qualified and shall be authorized under State and local law to
perform such services.
18. Suspension. If the Contractor fails to comply with any contractual
provision, the State 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 Paragraph 19 below.
The State 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.
19. Termination. This contract may be terminated as follows:
a) 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 State for the purpose of
contracting for the services provided for herein, 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 State. In the event that such funds or any part thereof
are not received by the State, the State may immediately terminate or amend
this Contract.
b) 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 State 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. In that event, 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 State, 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.
Notwithstanding the above, the Contractor shall not be relieved of
liability to the State for any damages sustained by the State by virtue of any
breach of the Contract by the Contractor, and the State may withhold any
payments to the Contractor for the purpose of setoff until such time as the
exact amount of damages due the State from the Contractor is determined.
c) Termination for Convenience. The State may terminate this Contract
at any time the State determines that the purposes of the distribution of
State CDBG monies under the Contract would no longer be served by completion
of the Project. The State shall effect such termination by giving written
notice of termination to the Contractor and specifying the effective date
' thereof, at least twenty (20) days before the effective date of such
Page 4 of 12 Pages
termination. In that event, all finished or unfinished documents and other
materials as described in Paragraph 19b above shall , at the option of the
State, become its property. If the Contract is terminated by the State as
provided herein, the Contractor will be paid an amount which bears the same
ratio to the total compensation as the services actually performed bear to the
total services of the Contractor covered by this Contract, less payments of
compensation previously made: Provided, however, that if less than sixty
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 this Contract) incurred
by the Contractor during the Contract period which are directly attributable
to the uncompleted portion of the services covered by this Contract. If this
Contract is terminated due to the fault of the Contractor, Paragraph 19b
hereof relative to termination shall apply.
20. Modification and Amendment.
a) 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 incorporated into and be
part of this Contract as if fully set forth herein.
b) Programmatic or Budgetary Modifications. Contractor shall follow the
revision procedures set forth in the Financial hanagement Manual if
programmatic or budgetary modifications are desired.
i ) The contractor must submit a written request to the Department
and obtain prior written approval from the Department under the
following circumstances:
a. when cumulative budgetary changes exceed five (5) percent
of the total contract amount or Five Thousand Dollars
($5,000), whichever is less;
b. when any budget transfers to or between administration
budgetary categories are proposed;
c. when the scope or the objective of the Project changes;
d. when additional or less State funding is needed;
e. when revisions involve the transfer of amounts budgeted for
indirect costs to absorb increases in direct costs; and
f. when revisions pertain to the addition of items requiring
approval in accordance with the provisions of the
subsection of the Financial Management Manual entitled
"Cost Principles."
ii ) In addition to the foregoing procedure, prior approval for such
changes must be authorized by the State in an amendment to this
contract properly executed and approved in accordance with
applicable law under the following circumstances:
a. when cumulative budgetary changes exceed ten (10) percent
of the total contract amount or Twenty Thousand Dollars
($20,000) , whichever is greater;
b. when the scope or the objective of the Project changes
substantially, as determined by the Department; and
c. when any additional State funding is needed.
Under such circumstances, the Department's approval is not
binding until memorialized in the contract amendment.
c) Other Modifications. If either the State or the Contractor desires
to modify the terms of this Contract other than as set forth in Paragraphs 20a
and 20b above, written notice of the proposed modification shall be given to
- the other party. No 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.
Page of 1.2. Pages
21 . 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 contract amendment incorporating such changes, executed
and approved pursuant to applicable law.
22. Reports.
a) Financial Reports. The Contractor shall submit to the Department two
(2) copies of quarterly financial reports in the manner and method set forth
in the Financial Management Manual .
b) Programmatic Reports. Unless otherwise agreed to in the Scope of
Services, the Contractor shall submit to the Department two (2) copies of
quarterly programmatic reports and of a final programmatic report in a manner
and method to be prescribed by the State.
23. Indemnification. Contractor, in consideration for State's promises
herein set forth, promises to indemnify, save and hold harmless and defend
State, and all of its employees and agents, acting officially or otherwise,
from any and all liability, claims, demands, actions, debts and attorney fees
arising out of, claimed on account of, or in any manner predicated upon loss
or damage to the property of and injuries to, or death of all persons
whatsoever, which may occur, or is sustained in connection with the
performance of this Contract, or by conditions created thereby, or based upon
any violation of any statute, ordinance, or regulation, and the defense of any
such claims or actions.
24. Conflict of Interest.
a) No employee, officer or agent of the Contractor shall participate in
the selection, or in the award or administration of a contract if a
conflict of interest, real or apparent, would be involved. The
Contractor's officers, employees or agents shall neither solicit nor
accept gratuities, favors or anything of monetary value from
contractors, potential contractors, or parties to subagreements.
b) No employee of the Contractor shall perform or provide part-time
services for compensation, monetary or otherwise, to a consultant or
consultant firm that has been retained by the contractor under the
authority of this Contract.
c) The Contractor agrees that no person at any time exercising any
function or responsibility in connection with this Project on behalf
of the Contractor shall have or acquire any personal financial or
economic interest, direct or indirect, which will be materially
affected by this Contract, except to the extent that he may receive
compensation for his performance pursuant to this Contract.
d) A personal financial or economic interest includes, but is not
limited to:
i ) any business entity in which the person has a direct or
indirect monetary interest;
ii ) any real property in which the person has a direct or
indirect monetary interest;
iii ) any source of income, loans, or gifts received by or
promised to the person within twelve (12) months prior to
the execution date of this Contract;
iv) any business entity in which the person is a director,
officer, general or limited partner, trustee, employee, or
holds any position of management.
e) For purposes of this Paragraph 24, indirect investment or interest
means any investment or interest owned by the spouse, parent,
brother, sister, son, daughter, father-in-law, mother-in-law,
brother-in-law, sister-in-law, son-in-law, or daughter-in-law of the
person, by an agent on his/her behalf, by a general , limited or
silent partner of the person, by any business entity controlled by
Page 6 of 12 Pages
said person, or by a trust in which he/she has substantial interest.
A business entity is controlled by a person if that person, his/her
agent, or a relative as defined above possesses more than fifty (50)
percent of the ownership interest. Said person has a substantial
economic interest in a trust when the person or an above-defined
relative has a present or future interest worth more than One
Thousand Dollars ($1 ,000.00) .
f) In the event a conflict of interest, as described in this paragraph
seventeen, cannot be avoided without frustrating the purposes of this
Contract, the person involved in such a conflict of interest shall
submit to the Contractor and the State a full disclosure statement
setting forth the details of such conflict of interest. In cases of
extreme and unacceptable conflicts of interest, as determined by the
State, the State reserves the right to terminate the Contract for
cause, as provided in Paragraph 19 above. Failure to file a
disclosure statement required by this Paragraph 24 shall constitute
grounds for termination of this Contract for cause by the State.
25. Compliance with Applicable Laws. At all times during the performance
of this Contract, the Contractor and any subcontractors 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:
a) 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
Council on Environmental Quality (40 CFR Parts 1500 - 1508) providing for
establishment of national policy, goals, and procedures for protecting,
restoring and enhancing environmental quality.
b) National Hist^ric Preservation Act of 1966 (16 USC 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.
c) Executive Order 11593, Protection and Enhancement of the Cultural
Environment, May 13, 197( (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.
d) 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.
e) 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.
f) 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 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.
g) 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.
h) 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 .
Page 7 of 12 Pages
i ) 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.
j) 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.
k) HUD Environmental Criteria and Standards (24 CFR Part 51 ; 44 FR 40860
- 40866, July 12, 1979) prohibiting HUD support for most new construction of
noise-sensitive uses on sites having unacceptable noise exposure, and
discouraging HUD support for projects with normally unacceptable noise
exposure.
1 ) Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 19/0 -- Title III, Real Property Acquisition (Pub. L. 91-646 and HUD
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 offer based on the fair -
market price, and specified procedures connected with condemnation.
m) Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 19/U -- Title II, Uniform Relocation Assistance (Pub. L. 91-646 and HUD
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 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 $15,000 or more for each qualified homeowner or up
to $2,000 or more for each tenant are potential costs.
n) 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. (This requirement applies to the
rehabilitation of residential property only if such property is designed for
use of eight or more families. )
o) 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 eight in a
calendar day or forty in a work week, whichever is greater.
p) 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.
q) 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.
r) Section 3 of the Housing and Community Development Act of 1968 (12
USC 1701 (u)), as amended, providing that, to the greatest extent feasible,
opportunities for training and employment that arise through HUD-financed
projects, will be given to lower-income persons in the unit of the project
Page g of jL Pages
area, and that contracts be awarded to businesses located in the project area
or to businesses owned, in substantial part, by residents of the project area.
s) 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.
t) Title VI 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.
u) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284; 42 USC
3601 ), as amenaea, 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 which
affirmatively promotes fair housing.
v) 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.
w) 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.
x) 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.
y) 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.
26. Monitoring and Evaluation. The State will monitor and evaluate the
Contract with the Contractor under the CDBG program. The Contract will be
monitored for compliance with the rules, regulations, requirements and
guidelines which the State has promulgated or may promulgate and will be
monitored periodically during the operation of the project and upon its
completion. The Contract will also be subject to monitoring and evaluation by
the U.S. Department of Housing and Urban Development. The Contract will be
evaluated to gauge its impact upon low- and moderate-income residents of the
community, slums or blighted areas, or other urgent need conditions and for
the effective and efficient utilization of CDBG funds.
27. 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.
28. 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.
29. Subletting, Assignment or Transfer. Neither party nor any
subcontractors hereto 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.
Page j of 22 Pages
30. Minority Business Enterprise Participation. It is the policy of the
State of Colora.o that minority business enterprises shall have the maximum
practicable opportunity to participate in the performance of its construction
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
businesses, at least 51 percent of the stock of which is owned by minority
group members. For the purposes of this definition, minority group members
are Negroes or Black Americans, Spanish-speaking Americans, Asian Americans,
American Indians, American Eskimos and American Aleuts. The Contractor may
rely on written representations by bidders, contractors, and subcontractors
regarding their status as minority business enterprises and need not conduct
an independent investigation.
31 . Applicant Statement of Assurances and Certifications. The Contractor
has previously signed an "Applicant Statement of Assurances and Certification"
which is hereby incorporated and made a part of this contract by reference.
•
Page 10 of12 pages
•
•
Form 6-AC-02B SPECIAL PROVISIONS
CONTROLLER'S APPROVAL •
I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such
assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated.
budgeted and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction-erection- repair. maintenance.
or improvement of any building, road. bridge- viaduct, tunnel. excavation or other public work for this State. the contractor shall,
before entering upon the performance of any such work included in this contract.duly execute and deliver to and file with the official
whose signature appears below for the State. a good and sufficient bond or other acceptable surety to be approved by said official
in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed
by a qualified corporate surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide that
if the contractor or his subcontractors fail to duly pay for any labor, materials- team hire-sustenance- provisions. provendor or other
supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done, the surety will
pay the same in an amount not exceeding the sum specified in the bond. together with interest at the rate of eight per cent per annum.
Unless such bond, when so required. is executed,delivered and filed. no claim in favor of the contractor arising under this contract
shall be audited, allowed or paid. A certified or cashier's check or a bank money order made payable to the Treasurer of the State
of Colorado may be accepted in leiu of a bond.
MINIMUM WAGE •
4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousand
dollars and requires or involves the employment of laborers or mechanics in the construction. alteration or repair of
any buildin! or other public work, (except highways. highway bridges. underpasses and highway structures of all
kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the
contractor or any subcontractor on the building or public work covered by this contract shall be not less than the
prevailing rate of wages for work of a similar nature in the city,town,village or other civil subdivision of the State in
which the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in
g-16-101. CRS 1973. as amended.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957. as amended
and other applicable law respecting discrimination and unfair employment practices (24-34-402. CRS 1979 supplement). and as
required by Executive Order,Equal Opportunity and Affirmative Action.dated April 16. 1975.Pursuant thereto. the following prowl.
sions shall be contained in all State contracts or sub-contracts.
During the performance of this contract, the contractor agrees as follows: -
(I) The contractor will not discriminate against any employee or applicant for employment because of
race, creed, color, national origin, sex. marital status, religion. ancestry. mental or physical handicap. or age.
The contractor will take affirmative action to insure that applicants are employed, and that employees are
treated during employment, without regard to the above mentioned characteristics. Such action shall include,
but not be limited to the following: employment, upgrading. demotion. or transfer. recruitment or
recruitment advertising: lay-offs or terminations:rates of pay or other forms of compensation;and selection
for training, including apprenticeship. The contractor agrees to post in conspicuous places. available to
employees and applicants for employment, notices to be provided by the contracting officer setting forth
provisions of this non-discrimination clause.
(2) The contractor will- in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race, creed, color, national origin. sex, marital status. religion,ancestry, mental or physical handicap. or age.
(3) The contractor will send to each labor union or representative of workers with which he has collective
bargaining agreement or other contract or understanding. notice to be provided by the contracting officer,
advising the labor union or workers' representative of the contractor's committment under the Executive
Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules. regulations,and
relevant Orders of the Governor.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order.
Equal Opportunity and Affirmative Action of April 16. 1975, and by the rides, regulations and Orders of the
Governor, or pursuant thereto, and will permit access to his books, records,and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance
with such rules,regulations and orders.
(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in
such labor organization, or expel any such individual from membership in such labor organization or
discriminate against any of its members in the full enjoyment of work opportunity, because of race,creed,
color,sex,national origin,or ancestry.
(6) A labor organization, or the employees or members thereof will not aid,abet,incite,compel or coerce
the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from
complying with the provisions of this contract or any order issued thereunder;or attempt,either directly or
indirectly,to commit any act defined in this contract to be discriminatory.
a9ss3ot-1022 page 11 of 12 pages
Form 6-AC-02C
(7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or
with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in
whole or in part and the contractor may be declared ineligible for further State contracts in accordance with
procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and
the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be
imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative
Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as
otherwise provided by law.
(8) The contractor will include the provisions of paragraphs (1) through (8) in every sub-contract and
sub-contractor purchase order unless exempted by rules, regulations. or orders issued pursuant to Executive
Order, Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions will be binding
upon each sub-contractor or vendor. The contractor will take such action with respect to any sub-contracting
or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including
sanctions for non-compliance; provided, however. that in the event the contractor becomes involved in, or is
threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting
agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest
of the State of Colorado.
COLORADO LABOR PREFERENCE
6. Provisions of 8-17.101, & 102. CRS 1973 for preference of Colorado labor are applicable to this contract if
public works within the State are undertaken hereunder and are financed in whole or in part by State funds.
GENERAL
7. 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 this 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.
8, The signatories hereto aver that they are familiar with I 8-8-301. et seq.. (Bribery and Corrupt Influences)
and 18-8-401, et seq.. (Abuse of Public Office). C.R.S. 1973, as amended.and that no violation of such provisions is
present.
9. The signatories aver that to their knowledge. no state employee has any personal or beneficial interest
whatsoever in the service or property described herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above written.
STATE OF COLORADO
RICHAR D. L.AMM. GOVERNOR•
By
•
Contractor ' TILE DIRECTOR.
D A N1ENT
Position O
Social Security Number
ur
Federal I.D. Number
APPROVALS
ATTORNEY GENERAL CONTROLLER
By By
Chairman, Board of County Commissioners
��tt-
ATTEST: Q t� atifbate&rui
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD '
Deputy County Clerk - L
395-53-02-1030 Page 12 which is the last of 12 pages
•See instructions on reverse side.
EXHIBIT A
Scope of Services
EXHIBIT A
1 . SCOPE OF SERVICES:
The contractor's project consists of the following activity(s) with the
County of Weld in the Town of Kersey and unincorporated Town of Gill in
their respective target areas as identified in the attached maps.
A. The development and administration of a housing rehabilitation
program for low-and moderate-income households in the Town of Kersey.
The housing rehabilitation program shall consist of substantial
rehabilitation of approximately twenty-two (22) owner-occupied
units. The rehabilitation work will address health and safety,
energy conservation and structural deficiencies. Development of said
program shall include the formulation of policies and procedures.
Said policies shall include the identification of locally determined
property rehabilitation standards for the duration of this program
and repayment agreements proceduresepayment agreement will be
filed as liens on all homes rehabilit ted with Community Development
Block Grant (CDBG) funds.
B. The development and execution of acquisition/relocation activities
for low-and moderate-income households in the Town of Gill .(x—No
Community Development Block Grant (CDBG) funds will be used for the
demolition of acquired homes.
C. Contractor may expend State Community Development Block Grant
administrative funds to leverage other public and private housing
loan and grant funds to conserve or expand the housing supply for low
and moderate income households in the Towns of Kersey and Gill .
2. PROJECT BUDGET:
PROJECT ACTIVITY PROJECT FUNDING
Other
Total Cost CDBG Amt. Amt. Source
General Administration (7) $ 13,115.00 $ 13,115.00
Rehabilitation of Owner-Occupied
Residential Properties (14) $254,385.00 $254,385.00
Rehabilitation (14.8) $226,000.00
Directly Related Admini- $ 28,385.00
stration (14.A)
Acquisition/Disposition (1 ) $ 16,500.00 $ 16,500.00
Acquisition (1 .8) $ 15,000.00
Directly Related Admini- $ 1 ,500.00
stration (1 .A)
Relocation (13) $ 11 ,000.00 $ 11 ,000.00
Relocation Assistance (13.8) $ 10,000.00
Directly Related Admini- 1 ,000.00
stration (13.A)
Total $295,000.00 $295,000.00
3. TIME OF PERFORMANCE:
The project shall commence upon execution of this contract and shall
conclude on or before March 31 , 1986, unless otherwise extended by mutual
agreement through a contract modification.
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Figure 8
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EXHIBIT B
Low- and Moderate-Income Households and Persons
•
a o 0 0 0 0 00 00 0 0p 0 0 0 0
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MEMO TO: Clerk to the Board DATE: 10-11-84
FROMs Jim Sheehan RR: Amendment to CDBG Contract
J
Based on a recommendation of the Attorney General's Office, the State
Division of Housing has made some minor revisions to the CDBG Contract
previously approved by the Board. They are asking the chairman to initial
the changes as indicated on the original contract. essentially, they are
removing the names of "Town of Kersey and Town of Gill" since the contract is
between Weld County and the State.
Also the scope of services adds the special conditions of the
grant. / _
1'4? ,74-7-
WE 01-032
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