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RESOLUTION
RE: APPROVE CONTRACT BETWEEN DEPARTMENT OF LOCAL AFFAIRS
AND WELD COUNTY, COLORADO CONCERNING WATTENBERG, COLORADO
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 requested that the Department of Local Affairs release
funds under Title I of the Housing and Community Development Act
of 1974 , Pub. L. No. 93-383, as amended, for the Wattenberg Project,
and
WHEREAS, the Department of Local Affairs has determined that
Weld County is an eligible political subdivision and shall receive
said funds, and
WHEREAS, the Department of Local Affairs has submitted a
contract to Weld County to be approved and duly executed by the
Chairman of the Board, a copy of said contract being attached
hereto and incorporated herein by reference, and
WHEREAS, after review, the Board deems it advisable to approve
said contract, and
WHEREAS, an Agreement of Cooperation has been submitted from
the Larimer Weld Regional Council of Government for the Board' s
approval and the Chairman' s signature, and
WHEREAS, the Board deems it advisable to approve said
Agreement and authorize the Chairman to sign same, a copy of which
is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the Contract between the
Department of Local Affairs and Weld County, Colorado, concerning
the Wattenberg Project be, and hereby is, approved and to be duly
executed by the Chairman.
BE IT FURTHER RESOLVED by the Board of County Commissioners
of Weld County, Colorado the the Agreement of Cooperation submitted
830541
PAGE 2.
RE: CONTRACT BETWEEN DEPARTMENT OF LOCAL AFFAIRS AND WELD
COUNTY, COLORADO CONCERNING WATTENBERG, COLORADO
from the Larimer Weld Regional Council of Governments, concerning
the Wattenberg Project be, and hereby is,:approved and to be duly
executed by the Chairman.
The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 18th
day of May, A.D. , 1983.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
cC uck Carlson, Chairman
7311 anivv?etittAd2te
J T. Martin, Pro-Tem
ATTEST: 15 S-
Weld County Clerk and Recorder Gene R. B ntner
and Clerk to the Boa &as/
B Norman Carlson
Deputy County Clerk
APPRO D AS TO FORM: J cque 'ne ,Jo n on
C
County Attor ey
M ) ', Ia : MCP/ i ? r7g3
. • r"C •t _°- ' lj
• ., - v ..(447/it'J
Form 6-AC-02A DEPARTMENT OR AGENCY NUMBER
32 00 00
CONTRACT ROUTINGNUMBER p it n
CONTRACT /
THIS CONTRACT, made this day of 197—, by nd between the
Sate of Colorado for the use and benefit of the Department of 't Local Affairs, Division of
ocal Government,
'2 Weld County, Colorado
hereinafter referred to as the State, and
hereinafter referred to as the contractor,
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
1001 ,
available and a sufficient unencumbered baiance thereof remains available for payment in Fund Number
G/L Account Number 50137. Contract Encumbrance Number ; 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 maximum 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 threat to the health or welfare of the community
' where other financial resources are not available to meet such needs; 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 of Local Affairs 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
•
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: Wpla rn"nty, rnlnraAn
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 Sally Janett
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.
395570110'14 Page 1 of 1�pages
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 Exhibit A. Expenses incurred by the Contractor
in association with said Project prior to execution of this Contract shall not
be eligible expenditures. Furthermore, 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 grantee must make
and document such a determination of exemption prior to incurring costs for
such activities. 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. 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 One Hundred Forty-Five Thousand
Dollars ($ 145,000.00 ). The method and time of
payment shall be made in accordance with the "Payment Method" set forth in
paragraph 7.
6. 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").
7. Payment Method. Unless otherwise provided in Exhibit A: a) the
Contractor shall periodically initiate all drawdown requests by submitting to
the Department's Controller 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 the State until project completion,
by submitting to the contract monitor 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.
8. Audit. a) Discretionary Audit. The State, through the Executive
Director of the Department of Local Affairs, 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 transactions of all
Project funds in the annual audit and audit report required by the Colorado
Local Government Audit Law, C.R.S. 1973, `29-1-601, et sec . Such audit report
shall be simultaneously submitted to the Department of Local Affairs and the
State Auditor. Thereafter, the Contractor shall supply the Department of
Local Affairs with copies of all correspondence from the State Auditor related
to the relevant audit report. If the audit reveals evidence of non—compliance
Page 2 of 10 pages
with applicable law, the Department of Local Affairs 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.
9. 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.
10. Personnel. The Contractor respresents that he has, or will secure at
his own expense, unless otherwise stated in Exhibit A, 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.
11. 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 12 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.
12. 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 termination. In that
event, all finished 4T unfinished documents and other materials as described
in Paragraph 12b above shall, at the option of the State, become its
property. If the Contract is terminated by the State .as provided herein, the
Page 3 of 10 Pages
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 12b hereof relative to termination
shall apply.
13. 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 Management 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 the net amount of transfers exceed the original budget
category by five (5) percent or Five Thousand Dollars
($5,000.00) , whichever is greater;
b. when any budget transfers between construction and
nonconstruction 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 budgetary changes exceed ten (10) percent of the total
contract amount;
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 13a
and 13b 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.
14. 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
Page 4 of 10 pages
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embodied in a written contract amendment incorporating such changes, executed
and approved pursuant to applicable law,
15. Reports. a) Financial Reports. The Contractor shall submit to the
State 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 Exhibit A, the
Contractor shall submit to the State two (2) copies of quarterly programmatic
reports and of a final programmatic repqrt in a manner and method to be
prescribed by the State.
16. 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.
17. 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 seventeen, 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
said person, or by a trust in which he/she has substantial interest.
A business entity is controlled py a person if that person, his/her
agent, or a relative as defined above possesses more than 50% 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).
Page 5 of 10 pages
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 twelve above. Failure to file a
disclosure statement required by this paragraph seventeen shall
constitute grounds for termination of this Contract for cause by the
State.
18. 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) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 USC 2000
d et seq. ) , prohibiting discrimination on the basis of race, color,
or national origin in any program or activity receiving Federal
financial assistance.
b) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284; 42 USC
3601 et seq. ), 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 which affirmatively promotes fair housing.
c) Executive Order 11063 (1962), as amended by Executive Order 12259,
requiring equal oportunity in housing and prohibiting discrimination
in the sale or rental of housing built with Federal assistance.
d) Executive Order 11246 (1965), as amended by Executive Orders 11375
and 12086, 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 construction
contracts in excess of $2,000.
e) 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, shall be given to lower-income persons
in the unit of local government, and that contracts be awarded to
businesses located in the unit of local government or to businesses
owned, in substantial part, by residents of the unit of local
government.
f) Section 504 of the Rehabilitation Act of 1973, (29 USC 794) , 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.
g) Age Discrimination Act of 1975 (42 USC 6101 et seq.) , 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.
h) Section 109 of the Housing and Community Development Act of 1974
(Pub. L. 93-383) , 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.
i) Uniform Relocation Assistance and Real Property Acquisition Policies
of 1970 (Pub. L. 91-646) providing for consistent treatment of
property owners in the case of real property acquisition (Title III) ,
and for the fair and equitable treatment of persons displaced as a
result of Federal and Federally-assisted programs (Title II).
Page 6 of 10 pages
j) 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.)
k) 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.
I) 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.
m) Title IV of the Lead—Based Paint Poisoning Prevention Act (42 USC
4831) prohibiting the use of lead—based paint in residential
structures constructed or rehabilitated with Federal assistance.
n) National Environmental Policy Act of 1969 (Pub. L. 91-190; 42 USC
4321 et seq.) and HUD implementing regulations contained in 24 CFR
Part 58.
o) National Historic 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.
p) Executive Order 11593, Protection and Enhancement of the Cultural
Environment, May 13, 1971 (36 FR 8921 et seq.)
q) Reservoir Salvage Act of 1960 (16 USC 469 et seq.) as amended by the
Archeological and Historic Preservation Act of 1974.
r) Flood Disaster Protection Act of 1973 (42 USC 4201 et seq.), as
amended, requiring purchase of flood insurance for construction and
acquisition projects in special flood hazard areas where flood
insurance is available, and requiring that unless flood insurance is
available, Federally—assisted construction and acquisition work will
not be undertaken in flood hazard areas.
s) Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR
26951 et seq.)
t) Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 FR
26961 et seq.)
u) Coastal Zone Management Act of 1972 (16 USC 1451 et seq.)
v) Safe Drinking Water Act of 1974 (42 USC 201, 300 (f) et seq. , and 21
USC 349) as amended, prohibiting the commitment of Federal financial
assistance for any project which may contaminate an aquifer which is
the sole or principal drinking water source for an area.
•
w) Endangered Species Act of 1973 (16 USC 1531 et seq.) as amended.
x) Wild and Scenic Rivers Act of 1968 (16 USC 1271 et seq. ) as amended.
y) Clean Air Act (42 USC 7401 et seq.) as amended.
z) (HUD) Environmental Criteria and Standards (24 CFR Part 51, 44 FR
40860-40866, July 12, 1979).
Page 7 of 10 pages
•
19. 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.
20. 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.
21. 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.
22. 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.
23. 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 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.
24. 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.
25. "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.
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Page 8 of 10 pages
Form 6-AC-0:a SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. 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 appropnaai.
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 building 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
8-16-101. 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 provi-
sions shall be contained in all State contracts or sub-contracts.
During the performance of this contract. the contractor agrees as follows:
(1) 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 advertisings: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 rules, 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.
395-53-01-1022 page 9 of 10 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 pur uaof t thereto e o shalll be a r lir applied not
n
the interpretation, execution and enforcement of this contract. Any provision
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 specialprovisioncomplaint,
whole or in part shall be valid or enforceable or available in any action at law whether by
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 18.8-301, 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
RICHARD D. LAMM. GOVERNOR
By
Contract — 'EXEC'UTIVE DIRECTOR.
DEPARTMENT
Position Chairman, Welri crnrnty Board OF _
of County Commissioners
Social Security Number .
or
- Federal I.D.Number
APPROVALS
ATTORNEY GENERAL
CONTROLLER
By
By sarelATTEST: etv gyva pi4ta�"
WELD CoUNTc LERK AND RECORDER
SAND CLERK TO THE BOARD
Bit 4Seunty i k'
rk
i I W
395-53-02-lied Page 10 which is the last of 10 pages
See instructions on reverse side.
EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
WELD COUNTY, COLORADO
I. Scope of Services
This project consists of water system improvements within the Wattenberg
Improvement Association in Weld County, which include the following:
A. Construction of a new 45 foot water well with the necessary
appurtenances.
B. Improvements to the water treatment facilities, which include a
standby generator, a water meter and pit recorder and fire hydrant.
C. Construction of approximately 2,925 feet of 6-inch water line.
D. Installation of twelve (12) 6-inch water valves and six (6) fire
hydrants.
E. Installation of approximately one hundred (100) water meters.
CDBG funds shall not exceed $145,000.
The construction plans and specifications are to be drawn up by an
engineering firm.
Construction contracts for the project will- be awarded using a formal ,
public competitive bid process with the Contractor being obligated to
award the bid to the lowest responsible bidder meeting the Contractor's
project specifications.
The Department of Local Affairs will monitor this project.
Copies of any and all contracts entered into by the Contractor in order
to accomplish this project will be submitted to the Department of Local
Affairs upon execution and any and all contracts entered into by the
Contractor or any of its sub-contractors shall comply with all applicable
federal and Colorado State law and shall be governed by the laws of the
State of Colorado not withstanding provisions therein to the contrary.
II. Time of Performance
The project will commence upon the date of the execution of this contract
and will be completed on or befor ' kt t$04,
01
III. Budget
Revenue Expenditures
CDBG Funds $145,000 Construction $121 ,000
Administration 24,000
Total $145,000 Total $145,000
IV. Payment Schedule
$137,750 Payments based on drawdown requests.
$ 7,250 Final payment, which is 5 percent of the CBDG
funds, to be made upon completion of the project
after all financial and program reports are
received and approved by the Department of Local
Affairs.
$145,000
All requests for payments will be made in accordance with paragraph 7 of
the main body of this Contract. Provided also that the Wattenberg
Improvement Association must have a valid well permit before payments are
received.
•
Page 1 of 1 pages
. . /\ k i / i. ,
EXHIBIT B
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B.-3
AN AGREEMENT OF COOPERATION
THIS AGREEMENT, entered into this 18th day of May, 1983, by and between
THE BOARD OF COMMISSIONERS OF WELD COUNTY, COLORADO, a body politic of the
State of Colorado, hereinafter called "the County", and THE LARIMER-WELD
COUNCIL OF GOVERNMENTS, a body corporate and politic of the State of Colorado,
hereinafter called "COG"
WITNESSETH:
WHEREAS, pursuant to the Housing and Community Development Act of 1977,
as amended, hereinafter called "the Act", the United States, acting by and
through the Secretary of the Department of Housing and Urban Development,
hereinafter called "HUD", is making available to the State certain funds for
community development activities as set forth in the Act; and
WHEREAS, the State of Colorado, through the Department of Local Affairs,
has the legal authority to provide funds to counties for community development
activities; and
WHEREAS, the County desires that COG, within its area of operation,
cooperate and assist the County in implementing the provisions of the Act; and
WHEREAS, the parties hereto desire to provide assurances and delineate
the areas of cooperation between the County and COG with respect to such
community development activities;
NOW, THEREFORE, in furtherance of said Resolution, and in consideration
of the mutual conditions, covenants and agreements herein contained, it is
agreed by and between the parties as follows:
1. Planning the Community Development Program. The parties, through
their executives and staff, shall cooperate with each other in planning the
activities to be undertaken under the community development program, with all
parties giving due consideration to the needs of its citizens and the goals,
objectives, rules and regulations of the Act. Recommendations as to primary
and secondary areas of program emphasis in order of priority for expenditure
of funds shall be prepared for presentation to the citizens and the County
Commissioners.
2. Term of Agreement. This Agreement shall remain in full force and
effect for the execution of the Community Block Grant for the Wattenburg
project in the amount of $145,000, which will be administered by and through
COG. This Agreement may, however, be unilaterally terminated by either party
upon giving three month's written notice to the other party, and may be
terminated by mutual agreement at any time.
3. Approval of Community Development Application. The County
Commissioners have approved, prior to the adoption of this Agreement, a
community development program under the Act. Upon execution of this Agreement
no further approval of said plan shall be necessary in order for COG to
undertake implementation of said plan. In the approved plan, and in all other
programs which COG implements pursuant to this Agreement, no more than $24,000
of the total funds allocated to the County shall be expended by COG for
administration without prior approval of the County Commissioners and the
Board of COG.
4. Project Execution. Whenever funds from any source are designated or
approved for the County upon the basis of applications and plans submitted
therefore by COG, the implementation thereof shall, in all respects, be the
responsibility of COG, including, but not limited to, administration,
1
h_ 141 / 357
engineering, construction and future applications for funding. COG is
expressly authorized to contract for any and all undertakings. COG shall,
whenever practical, endeavor to utilize such plans and designs for its
activities as the County may have already prepared in order to minimize costs
for the same.
5. Certifications. The County agrees to cooperate with COG in providing
such information and certifications as may be required for submission of
applications prepared on its behalf by COG to obtain state or federal loans
and/or grants.
6. Modifications and Changes. The terms of this Agreement shall not be
modified or changed in any substantitive manner by either party without the
prior approval of the County Commissioners and/or the Board of COG.
7. Citizen Participation Plan. COG and the County shall cooperate to
maintain a citizens participation plan in a form acceptable to HUD as an
integral part of the County's community development program.
8. Compliance with Grant. COG shall administer the program in
accordance with any and all requirements of the Community Development Block
Grant for Wattenburg between the County and the Department of Local Affairs,
Division of Local Government of the State of Colorado, attached hereto and
incorporated herein by reference (Exhibit A) .
IN WITNESS WHEREOF, the County and COG have caused this Agreement of
Cooperation to be executed, and have caused the signatures of their duly
authorized officers to be attested and the seal of the respective public
bodies to be affixed on the date herein above first written.
ATTEST: (Iuq 6? K4 py4t2.i/ BOARD OF COUNTY COMMISSIONERS
r/
Weld County Clerk and Recorder
and Clerk to the Boar
Chairman
Deputy County Clerc
ATTEST: LARIMER-WELD COUNCIL OF
GOVERNMENTS
y 44712i7
Chairma
2
DAY FILE: MAY 18, 1983
,. q ? x :.X•
i 1k. "Iii;
• Date of Publication
• Weld County Housing Authority
• 315 North 11th Avenue
P. O. Box A
Greeley, Colorado 80632 •
(303) 352-1551 Extension 227 .
! • To All Interested Agencies, Croups and Persons:
I On or about June 22, 1983, Weld County will request the Department
j • • , of Local Affairs to release funds under Title I of the Housing and
i Community Development Act of 1974, as amended, (PL93-383) for the
' following project:
i •
• • Weld County-Gill Housing Rehabilitation Program
Project Title •
•
•
Rehabilitation of 25 owner occupied single family. homes
Nature of Project
Unincorporated town of Gill, Weld County, Colorado
• Southwest quarter of Section 27 of Township 6
North of :Range 64 West
Location - Town, County, State
$288,000.0O
Estimated Cost of Project •
I
•
Weld County has conducted an assessment of the project activities
in respect to impact on the environment. As a result, Weld County
has determined that the project activities are categorically excluded
from an environmental assessment in accordance with the National
Environmental Policy Act (NEPA) . tie have determined that certain
properties identified in cooperation with the State Historic
Preservation Office as meeting their criteria for inclusion in the
National Register of Historic Places may be included in the project.
We will he required to comply with all applicable state and federal
guidelines as appropriate. An Environmental Review Record documenting
review of all project activities is on file at the above address
and is available for public examination or copying, upon request.
Weld County will undertake the project described above with Community I.
Development Block Grant funds provided by the Colorado Department
• of Local Affairs, under Title I of the Housing and Community
Development Act of 1974 as amended. • Weld County is certifying to
the Colorado Department of Local Affairs that Weld County and
Chairman, Chuck Carlson, in his official capacity to accept the
jurisdiction of the Federal Courts if an action is brought to
enforce responsibilities in relation to environmental reviews,
decision-making, and action; and that these responsibilities
have been satisfied. The legal effect of the certification is
r
•
�'• •� '' . is' .. , :',, `, . ,: . .,.S ' : •.. >•c,
y.f:' ', .:i .• }.' 1 :"! '•r it 't, +; ;fir .. +• 1 •t
•
that upon its approval, Weld County may use the CT)BC funds, and that
the Department of Local Affairs will have satisfied it's responsibilities `
under the Environmental Policy Act of 1969 as delegated to the i•
State of Colorado, through the 1981 Amendments to the Housing and
Community Development Act.
The Department of Local Affairs will accept an objection to it's
approval of the release of funds and acceptance of the certification
only if it is on one of the following basis:
(a) That the certification was not in fact executed
by the chief executive officer or other officer
approved by the Department of Local Affairs; or
(b) that the applicant's environmental review record
for the project indicates omission of a required
decision, finding, or step applicable to the project
in the environmental review process.
Objections must be prepared and submitted in accordance with the
required procedures (24 CFR Part 58) and may be addressed to the
CDBG Program Staff, Department of Local Affairs, 1313 Sherman Street,
Room 518, Denver, Colorado 80203.
Objections to the release of funds on basis other than those stated
above will not be considered by the Department of Local Affairs.
No objection received after July 7, 1983 will be considered by the
Department of Local Affairs.
Chuck Carlson, Chairman
Centennial Center
P. 0. Box 758
Greeley, Colorado 80632
Hello