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Home My WebLink About20020714.tiff RESOLUTION RE: APPROVE NOVATION AGREEMENT FOR EMERGENCY SHELTER GRANT CONTRACT AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Novation Agreement for Emergency Shelter Grant Contract between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Housing Authority, and the Colorado Department of Local Affairs, Division of Housing, commencing, and ending, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Novation Agreement for Emergency Shelter Grant Contract between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Housing Authority, and the Colorado Department of Local Affairs, Division of Housing, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of March, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD OUNTY, CO ORADO ATTEST: GI'TIkaad, hair , Weld County Clerk to the Board BY. gel G David E. Lo Pro-Ter P Deputy Clerk to the Board v� M. J. eile AVE AS TO • % {f7--„_fi William H. Jerke unty Attor�r y EXCUSED Robert D. Masden Date of signature: -3 2002-0714 C'C'.' NM HA0022 STATE OF COLORADO DIVISION OF HOUSING Department of Local Affairs oFC40 Tom Hart, Director Ay, /f ' /8 r6Y Bill Owens Governor Bob Brooks February 26,2002 Executive Director Weld County Housing Authority P.O.Box 130 Greeley,CO 80632-0130 Attention:Tom Teixeira,Executive Director Dear Mr.Teixeira: Re: ESG#01-638 Further to your letter of February 14, I am enclosing four copies of the Novation Agreement revising the Emergency Shelter Grant contract to reflect a change in the name of the"Contractor". Please have all four copies signed and properly attested but do not fill in any dates The effective date will be determined by the Attorney General once the document is completely executed. Please return all four copies to our office at soon as possible,to the attention of: Linda Foster,Program Assistant Colorado Division of Housing 1313 Sherman Street,#518 Denver,CO 80203 If you have any questions or concerns,please give me a call at(303)866-2046. Sincerely, u,,vv✓ ',rt.-y-1_, ynLyn S� r- - Program Manager 'n)r �; C I h LS:If ( MAfl - Ends. CREE(Er_yyELO HOUSING AUTHORITIES 2002-0714 1313 Sherman Street, Room 518, Denver,Colorado 80203 (303) 866-2033 FAX(303) 866-4077 TDD (303) 866.5300 QD - 9/ 7 NOVATION AGREEMENT This NOVATION AGREEMENT is made this a1'day of APR I t- ,2002 among Greeley/Weld County Housing Authority ("Contractor and Transferor"), Weld County Housing Authority ("Transferee"), and the State of Colorado Department of Local Affairs,Division of Housing 1313 Sherman Street,Denver,Colorado 80203 ("State"). Recitals A. The Contractor(Transferor)and State have entered into a Contract dated July 1,2001 (Contract Encumbrance Number H2ESG01638,Contract Routing Number 00055)for Emergency Shelter Grant funds.A Copy of this Contract is attached as Exhibit I hereto. B. Transferor wishes to assign to Transferee,and Transferee wishes to accept and assume,all of Transferor's right, title and interest in and to,and duties and obligations under,the Contract. Transferee's written acceptance of these obligations is acknowledged by letter dated February 14,2002 and incorporated herein as Exhibit II. Agreements NOW THEREFORE, in consideration of the foregoing premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. Assignment of Contract. Transferor grants,transfers and conveys unto Transferee, and Transferee accepts and assumes, effective as of the Effective Date as set forth in the Amendment, all of Transferor's right and interest in,and duties and obligations under,the original contract. 2. Waiver of Rights Against State. Transferor hereby waives any and all rights it may have against the State,effective as of the Effective Date set forth in this agreement. 3. The State recognizes the Transferee as the Transferor's successor in interest in and to the contracts. The Transferee by this Agreement becomes entitled to all rights (including payment), titles, and interests,and assumes all duties,obligations,and liabilities,of the Transferor in and to the contracts as if the Transferee were the original party to the contract. Following the effective date of this Agreement,the term"Contractor"as used in the contract,shall refer to the Transferee. 4. Except as expressly provided in this agreement, nothing in it shall be construed as a waiver of any rights of the State against the Transferor. All payments and reimbursements previously made by the State to the Transferor,and all other previous actions taken by the State under the contract,shall be considered to have discharged those State's obligations under the contract. All payments and reimbursements made by the State after the date of this Agreement in the name of or to the transferor shall have the same force and effect as if made to the Transferee, and shall constitute a complete discharge of the State's obligations under the contract,to the extent of the amount paid or reimbursed. 5. The effective date of this agreement is APR ,2002. 6. Except for the "Special Provisions," in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this agreement and any of the provisions of the Original Contract, the provisions of this Agreement shall in all respects supersede,govern and control. The "Special Provisions"shall always be controlling over other provisions in the contract or this agreement. The representations in the Special Provisions concerning the absence of bribery or corrupt influences and personal interest of State employees are presently reaffirmed by the transferee. Page 1 of 2 r • 7. 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. 8. THIS AGREEMENT 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. IN WITNESS WHEREOF,the parties hereto have executed this Amendment of the day first above written. Transferor: Transferee: APPROVALS: Greeley/Weld County Housing Weld County Housing ATTORNEY GENERAL Authority Authority � State of Colorado 4o c; --41 Glenn Vaad Bill Owens,Governor (Full Legal Name) (Full Legal Name) ex- / w( Chair Position(Title) Position(Title) By: L Bob Broo , Ex tive Director .!� J! 1 Departmen of Local Affairs of /Lhr-� E L'2't'' - LZI.N (Signature of Individual) (Signature oflndi i uaI) 11/D 4� 84-6000-813 Federal Employer Identification Federal Employer Identi STATE CONTROLLER Number Numb r ' RTHUR L. BARNHART Attest tion: Attestation: , �, i" � �� O� K B C, By: er t2? Corporate Secretary,or Equivalent,Town/City/County Clerk Na-F0z - KSth$X Deputy /t t� Cbrnm, o,a 'exe,'C Board i ate (Seal) (Seal) tg.LIN SALAZAR ATTORNEY GENERAL ROBERT D. BOWERS Assistant Attorney General State Seri,ices Section Page 2 of 2 EXHIBIT I Form 6-AC-02(R 5/96) , .I #01-638 • DEPARTMENT OR AGENCY NUMBER NM CONTRACT ROUTING NUMBER 80055 • EMERGENCY SHELTER GRANT CONTRACT • THIS CONTRACT, Made this I'kday of July 2001, by and between the State of Colorado for the use and benefit of the DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF HOUSING, 1313 Sherman Street,#518, Denver, Colorado 80203, hereinafter referred to as the State, and Greelev/VVeld County Housing Authority, Post Office Box 130, Greeley, Colorado 80632 , hereinafter referred to as the Contractor. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 100 ,Appropriation Code 656, Org. No. HCOO, GBL E138 , Contract Encumbrance Number H2ESG01638 ; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS,the United States Government, through the Stewart B. McKinney Homeless Act of 1987,the Stewart B. McKinney Homeless Assistance Amendments Act of 1988, and the National Affordable Housing Act of 1990, has established the Emergency Shelter Grants(ESG)program and has allowed each state to administer such federal funds to help improve the quality of emergency shelters for the homeless, to help make available additional emergency shelters, and to help meet the costs of operating emergency shelters and of providing essential social services to homeless individuals, so that these individuals have access to safe and sanitary shelters and supportive services and homelessness prevention services and other types of assistance to improve their situations. WHEREAS,the State of Colorado has elected to administer such federal funds for the State through the Department of Local Affairs, Division of Housing pursuant to C.R.S. 1973,24-32-705(1)(I); and WHEREAS, the State of Colorado has received its 2001 Emergency Shelter Grant Program Funds under Grant S-01-DC- 08-0001 ,funds awarded to states are governed by the provisions of P.L. 100-404 and P.L. 100-628; and WHEREAS,the division has received applications from political subdivisions and private nonprofit organizations in Colorado for allocations from the federal ESG funds available to Colorado; and WHEREAS,the Contractor is one of the eligible political subdivisions or private nonprofit organizations to receive ESG funds; and NOW THEREFORE it is hereby agreed that: 1. 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 Exhibit A,which is attached hereto and is incorporated herein by reference, and is hereafter referred to as the"Project."Work performed prior to the execution of this Contract shall not be considered part of this Project. 2. Responsible Administrator. The performance of the services required hereunder shall be under the direct supervision of Tom Teixeira , 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. 3. 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 attached Scope of Services. The Contractor agrees that time is of the essence in the performance of its obligations under this Contract, and that completion of the Project shall occur no later than the termination date set forth in the Scope of Services. Page 1 of 13 Pages • • 4. Eligible Activities. All project activities shall be eligible under Subpart B, §576.21(a) and all related regulations and requirements. Project activities shall be one or more of the following indicated(with a"X"): X homeless prevention which includes the development and implementation of activities including, but not limited to short-term subsidies to defray rent, mortgage, or utility arrearages, security deposits or first month's rent, and mediation and or legal services; X operations which includes the payment of shelter maintenance, rent, repairs, security, equipment, insurance, utilities, and furnishings; X staff operations which may include salary,wages, fringe benefits, and insurance costs for agency staff necessary to the operation of the program. X essential services which includes, but is not limited to, services concerned with employment, health, substance abuse, education, or food, including staff necessary to provide such services. ESG monies provided may be used to provide these essential services only if the service is a new service or a quantifiable increase in the level of essential services provided with local funds during the twelve (12) months before the Contractor received its initial ESG grant; and rehabilitation of existing buildings, including improvements to increase the efficient use of energy in building. Rehabilitation includes labor, materials,tools, and other costs of improving buildings.This includes repair directed toward an accumulation of deferred maintenance, replacement of principal fixtures and components of existing buildings, installation of security devices and improvements which include alteration or additions to the existing building. 5. Ineligible activities. ESG funds may not be used for: a) acquisition or construction of an emergency shelter for the homeless; b) rehabilitation services, such as preparation of work specifications, loan processing, or inspections. 6. Limitation to Particular Funds.The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated with 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 many immediately terminate this Contract. 7. 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 ESG 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 ESG 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. 8. Definition of Homeless Persons. Homeless persons are defined, for the purposes of this Contract, as those persons which lack a fixed, regular, and adequate nighttime residence or a person or family who have a primary nighttime residence that is: a) a supervised publicly or privately operated shelter designed to provide temporary living accommodations(including welfare, hotels, congregate shelters, and transitional housing for persons with mental illness); b) an institution that provides a temporary residence for individuals intended to be institutionalized; or, c) a public or private place not designed for, or ordinarily used as a regular sleeping accommodation for human beings. Page 2 of 13 Pages 9. 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 Forty Three Thousand Three Hundred Ninety-Nine and NO/100 Dollars($43,399) .The method and time of payment shall be made in accordance with the"Payment Method"set forth herein. 10. 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, cost principles and other requirements set forth in Exhibit A, Scope of Services. 11. 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 ESG 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 applicable administrative requirements, cost principles,and financial requirements of paragraph 8 above, program objectives, contractual terms, or reporting requirements. c) The state may withhold payment of the final five (5) percent of the total Contract amount until the Contractor has submitted and the Department has accepted all required Financial Status Report and Performance Report information. 12. 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 report as required by the Colorado Local Government Audit Law, C.R.S. 1973, 29-1-601, et sec'and the Single Audit Act of 1984, Pub. L. 98-502,24 CFR Part 44, and federal and state implementing rules and regulations. Such audit reports 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 requirements,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. 13. 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. 14. Personnel. The Contractor shall perform its duties hereunder as a Contractor and not as an employee. Neither the Contractor nor any agent or employee of the Contractor shall be deemed to be an agent or employee of the State. Contractor shall pay when due all required employment taxes and income tax withholding, shall provide and keep in force worker's compensation (and show proof of such insurance)and unemployment compensation insurance in the amounts required by law, and shall be solely responsible for the acts of the Contractor, its employees and agents. The Contractor is responsible for providing Workman's Compensation Coverage and Unemployment Compensation Coverage for all of its employees to the extent required by law, and for providing such coverage for themselves. In no case is the State responsible for providing Workman's Compensation Coverage for any employees or subcontractors of Contractor pursuant to this agreement, and Contractor agrees to indemnify the State for any costs for which the State may be found liable in this regard. Page 3 of 13 Pages • 15: Contract 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 provisions herein. 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. 16. Contract 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 ESG 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 set off 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 ESG 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 or unfinished documents and other materials as described in subparagraph (b)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 14.b) above relative to termination for cause shall apply. 17. 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 modifications shall be incorporated into and be part of this Contract as if fully set forth herein. b) Programmatic or Budgetary Changes.This Contract has a simplified Change Letter Procedure for modifying this Contract for the following reasons: i) unless otherwise specified in the Scope of Services, when cumulative budgetary line item changes exceed ten (10) percent of the total contract amount or Two Thousand Dollars ($2,000.00)whichever is greater; ii) when any budget transfers to or between administration budgetary categories are proposed; Hi) when the scope, objective or completion date of the Project changes as determined by the Department; iv) when additional or less State funding is needed; Page 4 of 13 Pages • • v) when there are additional federal statutory or regulatory compliance changes to paragraph 21 of the Original Contract. Under such circumstances,the Department's approval is not binding until memorialized in a fully executed Change Letter as specified in subparagraph c). c) Change Letter Process. Contractor must submit a written request to the Department if programmatic or budgetary modifications are desired. Paragraph 9, Compensation and Method of Payment; paragraph 21, Compliance with Applicable Laws;and Exhibit A, Scope of Services, may be modified by Change Letters (in the form attached hereto), signed by the State and the Contractor.All modifications to this Contract are hereby incorporated herein by reference. A copy of all such Change Letters initiated per this subparagraph shall be provided to the Department's accounting office.All other modifications to this Contract must be accomplished through amendment to the contract pursuant to fiscal rules and in accordance with subparagraph 17d. d) Other Modifications. If either the State or the Contractor desires to modify the terms of this Contract other than as set forth in subparagraphs b) and c)above,written notice of the proposed modification shall be given to the other party. No such modification shall take effect unless agreed to in writing by both parties in an amendment to this Contract properly executed and approved in accordance with applicable law.Any amendment required per this subparagraph will require the approval of other state agencies appropriate, e.g.Attorney General, State Controller, etc. 18. Integration. This Contract, as written,with attachments and references, is intended as the complete integration of all understanding between the parties at this time and no prior or contemporaneous addition, deletion or amendment hereto shall have any force or effect whatsoever, unless embodied in a written authorization or contract amendment incorporating such changes, executed and approved pursuant to applicable law. 19. Reports.The Contractor shall submit to the Department of Local Affairs financial status and performance reports in the manner and method prescribed in Exhibit A, Scope of Services. 20. Conflict of Interest. a) In the Case of Procurement. In the procurement of supplies, equipment, construction and services by the Contractor and its subcontractors, no employee, officer or agent of the Contractor or its subcontractors 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. Such a conflict would arise when the employee, officer or agent; any member of his immediate family; his partner; or an organization which employs, or is about to employ, any of the above, has a financial or other interest in the party or firm selected for award. Officers, employees or agents of the Contractor and its subcontractors shall neither solicit nor accept gratuities,favors or anything of monetary value from parties or potential parties to contracts. Unsolicited items provided as gifts are not prohibited if the intrinsic value of such items is nominal. b) In all Cases Other Than Procurement. In all cases other than procurement(including the provision of housing rehabilitation assistance to individuals,the provision of assistance to businesses, and the acquisition and disposition of real property), no persons described in subparagraph i) below who exercise or have exercised any functions or responsibilities with respect to ESG activities or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. i) Persons Covered.The conflict of interest provisions of this paragraph b)apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the Contractor or of any designated public agencies or subcontractors receiving ESG funds. ii) Threshold Requirements for Exceptions. Upon the written request of the contractor, the state may grant an exception to the provisions of this subparagraph b)when it determines that such an exception will serve to further the purposes of the ESG program and the effective and efficient administration of the contractor's project.An exception may be considered only after the Contractor has provided the following: a. A disclosure of the nature of the conflict, accompanied by an assurance that: Page 5 of 13 Pages • • i. there has been or will be a public disclosure of the conflict and a description of how the public disclosure was or will be made; and ii. the affected person has withdrawn from his or her functions or responsibilities,or the decision making process with respect to the specific ESG assisted activity in question; and b. An opinion of the contractor's attorney that the interest for which the exception is sought would not violate state or local law;and c. A written statement signed by the chief elected official or executive director of the Contractor holding the state harmless from all liability in connection with any exception which may be granted by the state to the provisions of this subparagraph b); iii) Factors to be Considered for Exceptions. In determining whether to grant a requested exception after the Contractor has satisfactorily met the requirements of subparagraph ii)above, the state shall consider the cumulative effect of the following factors,where applicable: a. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the project which would otherwise not be available; b. Whether an opportunity was provided for open competitive bidding or negotiation; c. Whether the person affected is a member of a group or class of low or moderate income persons intended to be beneficiaries of the ESG assisted activity, and the exception will permit such person to receive generally the same benefits as are being made available or provided to the group or class; d. Whether the interest or benefit was present before the affected person was in a position as described in this subparagraph b); e. Whether undue hardship will result either to the Contractor or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and f. Any other relevant considerations. 21. 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) The Lead-Based Paint Poisoning Prevention Act—Title IV(42 USC 4821) 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. c) 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. d) 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. Page 6 of 13 Pages I I e) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284;42 USC 3601), as amended, popularly known as the Fair Housing Act, prohibiting housing discrimination on the basis of race, color, religion, sex, or national origin, and requiring HUD to administer its programs in a manner which affirmatively promotes fair housing. f) 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 contracts in excess of$2,000. g) 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. h) 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. • i) 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. j) Debarred,Suspended, or Ineligible Contractors, (24 CFR, part 24), requiring that for procurement of property, non personal services, Contractor shall evaluate past performance of participants in programs administered by the Department of Housing and Urban Development, as well as other relevant aspects of the record and status of the participants, by consulting with HUD's "Consolidated List of Debarred, Suspended,and Ineligible Contractors and Grantee." k) 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. I) Unless otherwise provided for in Exhibit A, Scope of Services,this contract is subject to the following: Section 3 of the Housing and Community Development Act of 1968 (12 U.S.C. 1701 (u)), as amended. i) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (u) (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall,to the greatest extent feasible, be directed to very low-and low-income persons, particularly persons who are recipients of HUD assistance for housing. ii) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135,which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. iii) The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers'representative of the Contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons)taking applications for each of the positions; and the anticipated date the work shall begin. iv) The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135 ((Paragraph 23 t)i)-23 t)vii) of this contract)), and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. Page 7 of 13 Pages v) The Contractor will certify that any vacant employment positions, including training positions, that are filled (1)after the Contractor is selected but before the contract is executed, and (2)with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed,were not filled to circumvent the Contractors obligations under 24 CFR Part 135. vi) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sancitons,termination of this contract for default, and debarment or suspension from future HUD assisted contracts. m) Applicant Certifications.The Contractor certifies that it will comply and ensure compliance by non-profit corporations to which it distributes funds under the Emergency Shelter Grants Program with: i) Use as an Emergency Shelter Section 424 of the McKinney Act specifies that an ESG recipient using program funds to provide essential services, or maintenance or operating costs, (including the leasing of commercial facilities), must carry out the assisted activities"for the period during which ESG assistance is provided." ii) Use as an Emergency Shelter(24 CFR, 576.73), requiring that any building for which emergency shelter grant amounts are used for renovation must be maintained as a shelter for the homeless for not less than a three-year period, or for not less than a 10-year period if the grant amounts are used for major rehabilitation or conversion of the building. iii) Calculating the Applicable Period The three and 10-year periods referred to in paragraph b) of this section begin to run: a. In the case of a building that was not operated as an emergency shelter for the homeless before receipt of grant amounts under this part, on the date of initial occupancy as an emergency shelter for the homeless. b. In the case of a building that was operated as an emergency shelter before receipt of grant amounts under this part, on the date that grant amounts are first obligated on the shelter. iv) Domestic Violence Confidentiality Requiring confidentiality for victims of family violence and the location of shelters for such persons. v) Building Standards (24 CFR, 576.75), requiring that any building for which emergency shelter grant amounts are used for renovation,conversion, or major rehabilitation must meet the local government standard of being in safe and sanitary condition. vi) Assistance to the Homeless (24 CFR, 576.77), requiring that homeless individuals must be given assistance in obtaining: a. Appropriate supportive services, including permanent housing, medical and mental health treatment,counseling, supervision, and other services essential for achieving independent living. b. Other federal, state, local and private assistance available for such individuals. vii) Renting Commercial Transient Accommodations, (24 CFR, 576.51 (C)(v)(A)(B)), requiring that if grant amounts are proposed to be used to provide emergency shelter for the homeless in hotels or motels, or other commercial facilities providing transient housing,the contractor: ai Will provide that the living space will be rented at substantially less than the daily room rate otherwise charged by the facility; and lx The Contractor has considered using other facilities as emergency shelters, and has determined that the use of such living space in the facilities provides the most cost-effective means of providing emergency shelter for the homeless in its jurisdiction. Page 8 of 13 Pages ) 1 viii) Matching Funds (24 CFR, 576.71(a)), requiring thatthe Contractor shall supplement its emergency shelter grant amounts with the amount set forth in Exhibit A of this Contract. These funds must be provided after execution of the contract. Contractor may comply with this requirement by providing the supplemental funds itself, or through supplemental funds provided by a non-profit recipient(s). Funds used to match a previous ESG grant may not be used to match a subsequent grant award. ix) Calculating the Matching Amount(24 CFR 576.71(b)), requiring that, in calculating the amount of supplemental funds, there may be included the value of any donated material or building;the value of any lease on a building; any salary paid to staff of the Contractor or to any non-profit recipient(s) in carrying out the emergency shelter program; and the time and services contributed by volunteers to carry-out the emergency shelter program, determined at the rate of $5 per hour.The Contractor shall determine the value of any donated material or building, or any lease, using any method reasonably calculated to establish a fair market value. x) Homeless Prevention, (24 CFR 576.21(a)(4)(ii))the requirements which provide that the funding of homeless prevention activities for families that have received eviction notices or notices of termination of utility services meet the following standards: a. that the inability of the family to make the required payments must be the result of a sudden reduction in income; b. that the assistance must be necessary to avoid eviction of the family or termination of the services to the family; c. that there must be a reasonable prospect that the family will be able to resume payments within a reasonable period of time; and, d. that the assistance must not supplant funding for preexisting homeless prevention activities from any other source. e. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b)of the Indian Self-Determination and Education Assistance Act (25 U.S.C.450e)also applies to the work to be performed under this contract. Section 7(b)requires that to the greatest extent feasible (i)preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations, and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b)agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). n) Executive Orders 11625, 12432, and 12138 requesting the grantee to make efforts to encourage the use of minority and women's buisness enterprises in connection with activities funded. o) Lobbying.The Contractor assures and certifies that: i. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract,the making of a federal grant,the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. H. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an offer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federally funded contract, grant, loan, or cooperative agreement, it shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. iii. It shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Page 9 of 13 Pages � I iv. It understands that this certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. p) Uniform Federal Accessibility Standards, (24 CFR, Part 40,Appendix A), requiring that for major rehabilitation or conversion of buildings, prescribed standards for the design,construction, and alteration of publicly owned residential structures shall be followed to insure that physically handicapped persons will have ready access to, and use of such structures. q) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 —Title III, Real Property Acquisition (Pub. L. 91-646 and implementing regulations at 24 CFR Part 42), providing for uniform and equitable treatment of persons displaced from their homes, businesses, or farms by federal or federally-assisted programs and establishing uniform and equitable land acquisition policies for federal assisted programs. Requirements include bona fide land appraisals as a basis for land acquisition, specific procedures for selecting contract appraisers and contract negotiations, furnishing to owners of property to be acquired a written summary statement of the acquisition price offer based on the fair market price, and specified procedures connected with condemnation. r) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 --Title II, Uniform Relocation Assistance (Pub. L. 91-646 and implementing regulations at 24 CFR Part 42), providing for fair and equitable treatment of all persons displaced as a result of any federal or federally-assisted program. Relocation payments and assistance, last-resort housing replacement by displacing agency,and grievance procedures are covered under the Uniform Act. Payments and assistance will be made pursuant to state or local law, or the grant recipient must adopt a written policy available to the public describing the relocation payments and assistance that will be provided. Moving expenses and up to$22,500 or more for each qualified homeowner or up to$5,250 or more for each tenant are potential costs. s) Primarily Religious Organizations (24 CFR 576.22(b)) requiring that assistance may be provided under this part to a grantee or recipient that is a primarily religious organization if the primarily religious organization agrees to provide all eligible activities under this program in a manner that is free from religious influences and in accordance with the principles outlined further in the above referenced regulation. t) Termination of Assistance Procedures (Section 1402(d) Housing and Community Development Act of 1992) requiring termination of assistance to any individual or family be in accordance with a formal process established by the ESG fund recipient. 22. Monitoring and Evaluation. The State will monitor and evaluate the Contractor for compliance with the terms of the contract, and the rules, regulations, requirements and guidelines which the State has promulgated or may promulgate.The Contractor may also be subject to monitoring and evaluation by the U.S. Department of Housing and Urban Development. 23. 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. 24. 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. 25. 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 10 of 13 Pages • 1 ) 26. Non-Discrimination. The Contractor shall comply with all applicable State and Federal laws, rules, regulations and Executive Orders of the Governor of Colorado involving non-discrimination on the basis of race, color, religion, national origin, age, handicap or sex. In compliance with Paragraph 5 of the Special Provisions section of this contract, Contractor agrees to consider minorities or minority businesses as employees, specialists, agents, consultants or subcontractors under this Contract. Contractor may utilize the expertise of the State Minority Business Office within the Office of the Governor for assistance in complying with the non- discrimination and affirmative action requirements of this Contract and applicable statutes. 27. Applicant Statement of Assurances and Certifications.The Contractor has previously signed an"Application Statement of Assurances and Certifications"which is hereby incorporated and made a part of this Contract by reference. 28. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this Contract and the exhibits and attachments hereto which may require continued performance or compliance beyond the termination date of the Contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Contractor or its subcontractors. Page 11 of 13 Pages • 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 of Colorado 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 the State official who will sign the contract, 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 upon the 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 or fails to pay any person who supplies rental machinery,tools,or equipment in the prosecution of the work 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 is executed,delivered and filed,no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106. INDEMNIFICATION 4. To the extent authorized by law,the contractor shall indemnify, save and hold harmless the State, its employees and agents, against any and all claims,damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents,subcontractors,or assignees pursuant to the terms of this contract. 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 practice(CRS 24-34-402), and as required by Executive Order, Equal Opportunity and Affirma- tive Action,dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts. During the performance of this contract,the contractor agrees as follows: (a) 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. (b) 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. (c) The contractor will send to each labor union or representative of workers with which he has a 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 commitment under the Executive Order, Equal Opportunity and Affirmative Action,dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. (d) 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. (e) 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. (f) 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. Form 6-AC-026 Revised 7/97 395-53-01-1022 Page 12 of 13 Pages (g) In the event of the contractor's nor ppliance with the non-discrimination clauses of this tract or with any such rules, regulations,or orders,this contract may be canceled, hinated or suspended in whole or in part and the col...attar 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, or by 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. (h) The Contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor 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 subcontractor 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 6a. Provisions of CRS 8-17-101 & 102 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. b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non- resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements(CRS 8-19-101 and 102). 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. At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws, rules and regulations that have been or may hereafter be established. 9. Pursuant to CRS 24-30-202.4(as amended),the state controller may withhold debts owed to state agencies under the vendor offset intercept system for: (a)unpaid child support debt or child support arrearages; (b)unpaid balance of tax, accrued interest,or other charges specified in Article 22, Title 39,CRS; (c)unpaid loans due to the student loan division of the department of higher education;(d)owed amounts required to be paid to the unemployment compensation fund; and(e)other unpaid debts owing to the state or any agency thereof,the amount of which is found to be owing as a result of final agency determination or reduced to judgement as certified by the controller. 10.The signatories aver that they are familiar with CRS 18-8-301,et.seq.,(Bribery and Corrupt Influences)and CRS 18-8-401,et.seq.,(Abuse of Public Office), and that no violation of such provisions is present. 11. 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 Contract on the day first above written. Contractor GREELEY/WELD COUNTY HOUSING AUTHORITY b and through the Weld County (Full Legal N e) Board of Commissioners 16a .•v STATE OF COLORADO BIL •WENS,GOV OR M. J. Geile (06/25/2001) By v Position (Title) Chair 84-6000—:_ Executive sir:cto Bob Brooks Social Security Number or Fe r • Ern a +e q ENT /,'1y�,y//�� A , .- .• ` DEPARTMENT,Local Affairs (If Corporation:) ,yi[--""7 ( 4 7 i��•� i �lO`2� Attest(Se l)/ / ^ .r6;4 �` APPROVALS By !7. �,� )r , STATE CONTROLLER Deputy Clerk to the Bo E`!( NI AAVV-.I Arthur L. nhart PRE-APPROVED FORM CONTRACT REVIEWER By r�eA By en. �Y//{/IzQJ Rose Marie Auten Form 6-AC-02C Revised 7/97 395-53-01-1030 Page 13 of 13 Pages ] I ESG # Rev. 2/97 ESG CONTRACT CHANGE LETTER# THIS CONTRACT CHANGE LETTER NUMBER # , made this_day of , by and between the State of Colorado for the use and benefit of the Department of Local Affairs, 1313 Sherman Street, Denver, Colorado 80203 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 available and a sufficient unencumbered balance thereof remains available for payment in Fund Number , Appropriation Code Number , Org. Unit , GBL Contract Encumbrance Number ; and WHEREAS,this Change Letter modifies Contract# , Routing# , dated , and both the State and the Contractor are agreeable to this contract modification, THEREFORE, this Contract is changed as follows: Paragraph 13, Compensation and Method of Payments in the Original Contract is modified by deleting " Amount "and inserting in lieu thereof" Amount ". Paragraph 24, Compliance with Applicable Laws in the Original Contract is modified by "[deleting]/[adding]"and inserting in lieu thereof: Exhibit A, Scope of Services, 1. Project Description, Objectives, and Requirements, is modified as follows: {sentence to paragraph#}{paragraph after paragraph#}. [Add sentence/s, Delete sentence/s, Retype Scope] Exhibit A, Scope of Services, 2. Administrative Requirements, is modified as follows: [Retype paragraph] Exhibit A, Scope of Service, 7. Time of Performance, is modified by deleting " Date " and inserting in lieu thereof" Date '. Exhibit A, Scope of Service, 8. Budget, is modified as follows: [Retype complete budget] Exhibit A, Scope of Service, 9. Payment Schedule, is modified as follows: [Retype complete payment schedule] Exhibit A, Scope of Service, 10. Reporting Schedule, is modified as follows: [Retype complete reporting schedule] By affixing their signatures to this change letter, both the State and the Contractor expressly acknowledge that all of the terms and conditions of the Original Contract remain unchanged except for those terms and conditions modified by this Change Letter#_and all previous changes. Both parties also expressly understand that this Change Letter# is incorporated into the Original Contract. Page 1 of_ Pages ) ) This Contract Change Letter Number#_is intended to be effective as of date , but in no event shall it be deemed valid until it shall have been approved by the State Controller or such assistant as he may designate. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. Contractor: (Full Legal Name) STATE OF COLORADO BILL OWENS, GOVERNOR BY EXECUTIVE DIRECTOR. Bob Brooks Position(Title) Social Security Number or Federal ID Number DEPARTMENT OF LOCAL AI-I-AIKS (If Corporation:) Attest(Seal) BY Corporate Secretary.or awn/Went,Town/County Clerk APPROVALS PRE-APPROVED FORM CONTRACT REVIEWER STATE CONTROLLER Arthur L. Barnhart BY BY Rose Marie Auten Page 2 of_ Pages ! i EXHIBIT A Scope of Services EXHIBIT A SCOPE OF SERVICES GREELEY/WELD COUNTY H.A. #01-638 1. PROJECT DESCRIPTION,OBJECTIVES,AND REQUIREMENTS. Using Emergency Shelter Grant funds, Greeley/Weld County Housing Authority shall improve the quality of emergency shelter services for the homeless. This Project consist of providing ESG monies for Operations, Essential Services and Administration as funded in the Project Budget. Funds may be used for operating staff only if there is an operating staff line item in paragraph 7 of this scope of services. 2. BENEFIT TO HOMELESS PERSONS.These funds must benefit persons which lack a fixed, regular, and adequate nighttime residence or a person or family who have a primary nighttime residence that is: A) a supervised publicly or privately operated shelter designed to provide temporary living accommodations(including welfare,hotels,congregate shelters,and transitional housing for persons with mental illness); B) an institution that provides a temporary residence for individuals intended to be institutionalized; or, C) a public or private place not designed for, or ordinarily used as a regular sleeping accommodation for human beings. 3. FINANCIAL REQUIREMENTS. The Contractor shall comply with the policies, guidelines and requirements of 24 CFR part 58(codified pursuant to OMB Circular No.A-102)and OMB Circular No. A-87, as they relate to the acceptance and use of ESG amounts by States and units of local government, and Nos. A-110 and A-122 as they relate to the acceptance and use of ESG grant amounts by private nonprofit organizations. 4. CONTRACTOR ADMINISTRATION. The Contractor shall be responsible for the administration of the Project.The Contractor may subcontract all or part of the administration duties with approval from the state. 5. STATE MONITORING.The Colorado Department of Local Affairs, Division of Housing shall monitor this Contract in accordance with the provisions set forth in Paragraph 22 within the main body of this Contract. 6. TIME OF PERFORMANCE. The Project shall commence upon the full and proper execution of this Contract and the completion of the appropriate environmental review, and shall be completed on or before June 30,2002. However,the Project time of performance may be extended by letter, subject to mutual agreement of the State and Contractor. To initiate this process, a written request shall be submitted to the State by the Contractor at least thirty (30) days prior to June 30, 2002, and shall include a full justification for the extension request. Page 1 of 2 Pages I j 7. BUDGET t+tov`,'' B ^t,p r n Ihi Biel- ' d x t-..A' • s' `T ”.V ACTIV)TY �8�a a r. r ,�..t. SSG A�I©C1N7'� MATCH ANIOt)tVr f3TAIL AfIACUNT Operations - Utilities/Phone $12,400 -Supplies 2,368 -Insurance 2,800 - Repairs/Maint. 4,000 Essential Services -Case Mgmt. 10,000 Homeless Prevention -Rental Asst. 5,500 -Security Deposits 3,083 Staff Operations 1,748 Administration 1,500 TOTAL $43,399 $43,399 $86,798 8. PAYMENT SCHEDULE.The Contractor shall periodically initiate all drawdown requests by submitting to the Department of Local Affairs, Division of Housing, a written request using the state-provided form, for reimbursement of actual and proper expenditures of ESG funds. $41,229 Paid upon receipt and approval of written requests from the Contractor for funds to meet immediate cash needs. 2.170 Payment-Paid upon substantial completion of the Project, provided that the Contractor has submitted and the Department of Local Affairs, Division of Housing has accepted all required Financial Status Reports and Performance Report information. $43,399 TOTAL Payments shall be made in accordance with the provisions set forth in Paragraph 9 within the main body of this Contract. 9. REPORTING SCHEDULE a) Financial Reports.The Contractor shall submit to the Department two(2)original copies of quarterly financial status reports in the manner and method prescribed by the Department. The report is due within 20 days following the end of each calendar quarter until completion of the project. The final report shall be submitted within twenty(20)calendar days after the completion of the Contract. b) Performance Reports. The Contractor shall submit to the Department one (1) original of quarterly programmatic status report in a manner and method prescribed by the Department. •The report is due within 20 days following the end of each calendar quarter until completion of the project. The final report shall be submitted within twenty(20)calendar days after the completion of the Contract. • Page 2 of 2 Pages EXHIBIT II 44 GREELEY/WELD HOUSING AUTHORITIES 315 1Y. 11th Avenue, Bldg. B RECEIVED P.O. Box 130 FF� 2 Greeley, Colorado 80632-0130 2001 (970) 346-7660 DIVISION OF HOUSING (970) 346-7690 Fax (800) 659-2656 TTY Relay February 14,2002 Ms. Lynn Shine Program Manager Emergency Shelter Grant Program 1313 Sherman Street Denver, CO 80203 RE: Weld County Housing Authority HUD#CO090 Contract#H2ESG01638 Dear Ms. Shine: Weld County Housing Authority is formally requesting a revision of the Emergency Shelter Grant (ESG) contract currently in force between our organization and the State of Colorado, Department of Local Affairs to accurately reflect the name of our Housing Authority. On the advice of our legal counsel, we are requesting the name "Contractor" as identified in the contract be changed form"Greeley/Weld Housing Authority"to"Weld County Housing Authority". The Weld County Housing Authority receives funding from the U.S. Department of Housing and Urban Development's Emergency Shelter Grant Program and is an eligible recipient organization. The Weld County Housing Authority contracts with the Housing Authority of the City of Greeley for its management and administrative services. A copy of the following forms are hereby attached: Intergovernmental Agreement for the Provision of Housing Authority Services, Bylaws, Part 5 of the Housing Authority Law. This Authority was formed pursuant to the provision of Part 5 of the Housing Authority Law of the State of Colorado. If you need additional information,please call me(970)346-7660 ext. 6540. Sincerely, Thomas Teixeira Executive Director Attachments: Intergovernmental Agreement Bylaws Part 5 Of Colorado Housing Authority Law A Housing Authoritu of the Citu of Greeleu • Weld Countu Housing Authoritu Jan-29-02 03220P Greeley Weld Hsg Authy 970 346 7690 P.03 II INTERGOVERNMENTAL.AGREEMENT FOR THE PROVISION OF HOUSING AUTHORITY SERVICES THROUGH CONSO 'I'IA THIS INTERGOVERNMENTAL AGREEMENT FOR CONSORT ("Consortia Agreement") is made and entered into this 27`h day of August, 2001,by and between the Weld County Housing Authority, whose address is 915 10th Street, Greeley, Colorado 80631, hereinafter referred to as"County Housing Authority," and the Housing Authority of the City of Greeley, whose address is 2448 1st Avenue, Greeley,Colorado 80631,hereinafter referred to "Greeley Housing Authority." WITNESSETH: WHEREAS, County Housing Authority is organized as a county housing authority and political subdivision of the State of Colorado,pursuant to C.R.S. § 29-4-503,lwith those powers and duties listed in C.R.S. § 29-4-505,and WHEREAS, Greeley Housing Authority is organized as a city houslinn authority and political subdivision of the State of Colorado,pursuant to C.R.S. § 29-4-214, with those powers and duties listed in C.R.S. § 29-4-209, and WHEREAS,the County Housing Authority and the Greeley Houshg Authority,through an Intergovernmental Agreement dated December 28, 1998,have provider. since that date services within their respective jurisdictions under the direction of one Executive Director, and have benefit from cost savings afforded by the provision of housing authority services in both jurisdictions by the staff of only one of the Greeley Housing Authority, and I!, WHEREAS, the parties hereto desire to enter into this Consortia 'grccment to continue cost savings and to accomplish more efficient management practices, and WHEREAS, this Consortia Agreement is intended to supplement the parties original Intergovernmental Agreement, dated December 28, 1998, and to amend the provisions contained in said Intergovernmental Agreement to the extent that the provisions therein arc inconsistent with those set forth herein. NOW,THEREFORE,in consideration of the mutual promises anti covenants contained herein, the parties agree as follows: 1. . Term: i This Consortia Agreement is effective September 1, 2001, extend for the period of one year from the date thereof, and shall be renewed automatically each year thereafter for successive one-year terms unless sooner terminated, as per the provisions of Paragraph 12, herein. • Page 1 of 5 Pages Jan-29-02 03: 21P Greeley Weld Hsg Authy 970 346 7690 P.04 • 2. Provision of Housing Authority Services in City and in County Housing Authority Jurisdictions by Greeley Housing Authority The Greeley Housing Authority agrees to provide housing authority services in the City of Greeley, and Weld County,under the name of Greeley-Weld Housing Authorities,herein after referred to as GWHA. Such services shall include the following, as may be modified by the GWHA Administrative Plan, a copy of which is attached hereto and referred to herein as"Exhibit A." Specifically, GWHA agrees to: a. Continue all responsibilities and duties currently being carried out by the City Housing Authority and the County Housing Authority as required by HUD,and the existing Intergovernmental Agreement dated and signed on December 28, 1998. b. Continue all financial responsibility for the operation,maintenance, and growth of existing programs. c. Assume all responsibility for complying with all terms and conditions of a any grants and contracts administered under the County Housing Authority and all applicable laws in carrying out project operations. These grants or contracts include, but are not limited to: 1. Section 8 Vouchers and Certificates; 2. Housing Rehabilitation including the Intergovernmental Agreement wi Greeley Urban Renewal Services; 3. Federal Emergency Shelter Grants; 4. Weld County General Assistance Funding to Homeless and Case Management Providers; 5. Loan Management and Intergovernmental Agreements with the Farm Labor Sponsoring Association and Catholic Charities Northern Housin Project; and 6. Development of Migrant Housing Projects. d. Fulfill all administrative and reporting requirements of any grant as required to ensure fu11 grant compliance. a. Prepare all necessary reviews,public notices, and other documents s to comply with grants and contract rules and regulations. Page 2 of 5 Pages Jan-29-02 03: 21P Greeley Weld Hsg Authy 970 346 7690 P_05 f. Report all activities to the County Housing Authority Board of Commissioners according to the schedule prescribed by such Board. 1 g. Develop and plan annual budgets. h. Provide all accounting functions. i. Continue liability coverage for errors and omissions insurance. j. Operate using one combined waiting list. k. All property, equipment, and funds currently held by both housing authorities remain the property of the individual housing authority and are to be used in G W ETA business to manage existing and future programs. 3. Employment of County Housing Authority Staff a. Employees of the County Authority were terminated and hired as Greeley Housing Authority Staff on January 15, 1999. h. GWHA assumes all responsibility for employee issues. 4. Modification of the Consortia Agreement All modifications of this Consortia Agreement shall be in writing and signed by both parties. 5. Assignment This Consortia Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. 6. Venne\Applicable Laws Venue for any legal action between the parties hereto shall be proper in Weld County, Colorado,pursuant to Colorado law. 7. Entire Agreement The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein,and no oral representation,promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto. This Consortia Agreement Page 3 of 5 Pages Jan-29-02 03:21P Greeley Weld Hsg Authy 970 346 7690 P.06 embodies all agreements betwcen the parties hereto and there are no promises,terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 8. No Waiver of Immunity No portion of this Consortia Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,nor shall any portion of this Consortia Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Consortia Agreement. 9. Records Maintenance The GWHA will maintain records in accordance to federal, state, and local laws and regulations. 10. Representatives For purposes of this Consortia Agreement,individuals identified below are hereby designated representatives of the respective parties. All notices required to be given by the parities hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate in writing a new or substitute representative(s): For County Housing Authority: For Greeley Housing Authority: Don Warden,Finance Administrator Tom Teixeira, Executive Director 11. Litigation All liability and litigation responsibilities are assumed by GWHA. The GWHA shall promptly notify the County Housing Authority Board of Commissioners in the event of any actual litigation in which the County Housing Authority is a party defendant in a case involving services provided under this consortia agreement. 12. Termination This Consortia Agreement may be terminated at any time by either party giving ninety (90)days written notice and is subject to the availability of funding. Page 4 of 5 Pages Jan-29-02 03: 21P Greeley Weld Hsg Authy 970 346 7690 , P.07• 13. No Third Party Beneficiary Enforcement It is expressly understood and agreed that the enforcement of the terms and conditions of this Consortia Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Consortia Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Consortia Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Consortia Agreement shall be an incidental beneficiary only. SIGNED the date an year set forth above. ATTEST: I � - ,.._ WELD COUNTY HOUSING AUTHORITY CLERK TO THE BOARD BY: � Deputy Clerk to R� M. J. Bile, Chairman (Og/a7/a030 ATTEST: � HOUSING AUTHORITY OF THE CITY OF GREELEY .A`C±J1 131 ._-. 16.-C Gf '`"s" ' BY: [ )hol5taS'f eitic�ra,E ccutive Director A n chez ai 0 -- r ......... Page 5 of 5 Pages 8-1 RECEIVED FED 2 1 2002 DIVISION OF HOUSING ( 1/27/92 ) BY-LAWS OF THE HOUSING AUTHORITY OF THE COUNTY OF WELD, COLORADO ARTICLE I - THE AUTHORITY Section 1 . Name of Authority - The name of the Authority shall be "Housing Authority of the County of Weld, Colorado, " (hereinafter, the "Authority" ) . Section 2 . Seal of Authority - The seal of the Authority shall be in the form of a circle and shall bear the name of the Authority. Section 3 . Office of Authority - The office of the Authority shall be at such place in the county of Weld, State of Colorado, as the Authority may, from time to time, designate by resolution. Section 4 . Members - The members of the Board of County Commissioners of Weld County, Colorado, shall be the ex officio members of the Board of the Housing Authority. Section 5 . Scoce of Authority - The Authority may exercise all powers authorized to it by State Statute . ARTICLE II - OFFICERS Section 1 . Officers - The officers of the Authority shall be the Chairman and Vice-Chairman. 8-7- Section 2 . Chairman - The Chairman shall preside at all meetings and public hearings of the Authority, and shall decide all points of order of procedure, according to the procedures adopted by the Board of County Commissioners and incorporated into the Administrative Manual or set forth by ordinance . Except as otherwise authorized by resolution of the Authority, the Chairman shall sign all contracts, deeds and other instruments by the Authority. Section 3 . Vice-Chairman - The Vice-Chairman shall perform the duties of the Chairman in the absence or incapacity of the Chairman; and in case of the resignation or death of the Chairman, the Vice-Chairman shall perform such duties as are imposed on the Chairman, until such time as the Authority selects a new Chairman. Section 4 . Clerk - The Clerk shall be the Clerk to the Board of County Commissioners of Weld County. The Clerk, of his/her designee, shall act as secretary of the meetings of the Authority, record all votes, and shall keep a record of the proceedings of the Authority, in a journal of proceedings to be kept for such purpose. S/He shall keep in safe custody the seal of the Authority, and shall have power to affix such seal to all contracts and instruments authorized to be executed by the Authority. Section 5 . Treasurer - The Weld County Treasurer shall act as Treasure for the Authority. S/He shall have the care and custody of all funds of the Authority and shall invest funds in accordance -2- B-3 By-Laws of the Housing Authority ( 1/27/92 ) of the County of Weld, Colorado with the laws of the State of Colorado for investment of government funds . Section 6 . Director - (a) The chief administrative officer of the Authority shall be the Director of the Weld County Department of Social Services . The Director shall have general supervision over the administration of its business and affairs and may hire employees to carry out the functions of the Authority. Such employees shall be considered as employees of Weld County, Colorado, and shall be subject to all of the provisions of the Weld County Personnel Policies Handbook, Weld County Ordinance 118, as amended. At each meeting, the Director of Social Services or his or her designee, shall submit such recommendations and information as s/he may consider proper, concerning the business , affairs and policies of the Authority. (b) The Director shall authorize the payment of all orders and warrants for the payment of money, and shall pay out and disburse such monies under the direction of the Authority. S/He shall keep regular books of accounts showing receipts and expenditures , and shall render to the Authority, at each regular meeting (or more often when requested) , an account of such transactions, and also of the financial condition of the Authority. The functions of this subsection 6 (b) may be carried out by the Weld County Comptroller. -3- A-`/ i By-Laws of the Housing Authority ( 1/27/92 ) of the County of Weld, Colorado Section 7 . Additional Duties - The officers of the Authority shall perform such other duties and functions as may, from time to time, be required by the Authority or the by-laws or rules and regulations of the Authority. Section 8 . Appointment - The Chairman shall be the Chairman of the Board of County Commissioners and the Vice-Chairman shall be the Chairman Pro-Tem of the Board of County Commissioners and they shall hold office coterminus with their terms as officers of the Board of County Commissioners . ARTICLE III - MEETINGS Section 1 . Regular Meeting - Regular meetings shall be held on the 4th Monday of each month, or the following Wednesday in the event of a County Holiday falling on the 4th Monday, during an adjournment of or following the regularly scheduled meeting of the Board of County Commissioners . Section 2 . Special Meetinas - Special meetings may be called in accordance with the Weld County Home Rule Charter, Article III, - Sections (2) and (3 ) , and subject to the applicable requirements of state statue regarding notice of meetings . Section 3 . Quorum - The powers of the Authority shall be vested in the Commissioners thereof in office from time to time. -4- R-s By-Laws of the Housing Authority ( 1/27/92 ) of the County of Weld, Colorado Three Commissioners shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes , but a smaller number may adjourn from time to time until a quorum is obtained. When a quorum is in attendance, action may be taken by the Authority upon the concurrence of 3 of the members of the Board in office at the time. Section 4 . Order of Business - At the regular meetings of the Authority, the following may be the order of business : 1 . Call to Order 2 . Roll Call 3 . Reading and approval of the minutes of the previous meeting 4 . Approval of Consent Agenda 5 . Report of the Director 6 . Reports of Committees 7 . Unfinished business 8 . New business 9 . Adjournment Section 5 . Manner of Voting - The voting on all questions coming before the Authority may be by roll call and shall be by roll call vote if any one member of the board requests that the -5- B-6 By-Laws of the Housing Authority ( 1/27/92 ) of the County of Weld, Colorado vote be taken by roll call . The ayes and nays shall be entered upon the minutes of such meeting by names , except on the election of officers which may be by ballot. All resolutions shall be in writing. ARTICLE IV - COMMITTEES The Housing Authority may establish such committees as it deems advisable and assign each committee and member(s ) specific duties or functions . The Chairman shall designate the member of each committee and shall name the Chairman of each committee. The Chairman of the Authority shall fill vacancies on committees as they are created. No member of the Authority shall be required to serve on more than two committees . ARTICLE V - HOUSING PROJECTS - PLANNING CRITERIA The Housing Authority should, when planning housing projects , consider the goals and objectives described in the Comprehensive Land Use Plans of Weld County and the incorporated cities and towns of Weld County. The property on which any Housing Authority housing project is to be located must be within the corporate boundaries of Weld -6- - 7 By-Laws of the Housing Authority ( 1/27/92 ) of the County of Weld, Colorado County and such property must have affixed thereto a zoning district classification of the County or of an incorporated City or Town which permits the proposed project use . The Plans for any proposed housing project shall be in compliance with appropriate zoning and subdivision regulations of Weld County or if inside any municipal limits , then of such City or Town. The proposed project plans shall be reviewed and analyzed by the Housing Authority to determine necessary off-site capital improvements including, but not limited to, street, curbs , gutters , sidewalks , utility easements, water and sewer lines and traffic control devices . Such review shall include analysis and comments offered by any incorporated City, Town, and School District which may be affected by the project. Such analysis is for the purpose of determining the impact of the housing development upon other municipal services and facilities . The determination of which parties shall bear the cost of any required off-site improvements shall be set forth in an agreement between all parties in interest prior to the beginning of construction of said housing projects . -7- z3-3I By-Laws of the Housing Authority ( 1/27/92 ) of the County of Weld, Colorado ARTICLE VI - AMENDMENTS Amendment to By-Laws - The by-laws of the Authority shall be amended only with the approval of at least three of the members of the Authority at a regular or a special meeting, but no such amendment shall be adopted unless at least seven days written notice thereof has been previously given to all of the member of the Authority. • bylawsha.rmm -8- e-I • 1.1 Housing 9._.50-1 29-4-403. Veterans of world war II defined. The words "veterans of worid • war 11". as used in this part 4. mean persons who served for at least ninety days of active service between December 7, 1941. and September 2. 1945. both dates inclusive. in the military or naval forces or the coast guard of the United States and were honorably discharged therefrom. Source: L. 47. p. 882. § 3: CSA. C. 82. § 78: CRS 53. 69-5-3: C.R.S. 1963. § 69-5-3. PART 5 COUNTY HOUSING AUTHORITY 29.4501. Legislative declaration. I I) It is hereby declared: (a) That there exists a housing shortage for agricultural workers, their families. and other families of low income in the state of Colorado with the result that man) agricultural and other low income worker and their families are unable to find decent. sale. and sanitary housing: (b) That such condition constitutes a menace to the health. satet) . and welfare of the citizens of this state: and • (c) That it is in the public interest to authorize the organization of county housing authorities to provide housing facilities for agricultural and other low income workers and their families. • (2) The necessity in the public interest for the provisions enacted in this pan 5 is declared a matter of legislative determination. Source: L. 51. p. 444. § I: CSA. C. 82. § 79: CRS 53, § 69-6-l: L. 61. p. . 422, § 1; C.R.S. 1963, § 69-6-I. 29-4502. Definitions. As used in this part 5, unless the context otherwise • requires: • (1) "Authority" or "housing authority" means any of the county housing authorities created by this part 5. (2) "Board" means the board of county commissioners of any count) . (3) "County" means any county within the state of Colorado. (4) "Federal government" means the United States. the public housing administration. the U.S. housing authority and any other agency or instru- mentality, corporate or otherwise. of the United States. (5) "Project" means all real and personal property. buildings and 1 . . . improvements, stores, offices, lands for farming and gardening. and commu • - mty facilities acquired or constructed or to be acquired or constructed pur- ii suant to a single plan or undertaking. to demolish. clear. remove. alter. or repair unsanitary or unsafe housing or to provide dwelling accommodations at rentals within the means of persons of low income. The term "project" . may also be applied to the planning of the buildings and improvements. the acquisition of property. the demolition of existing structures. the construe- lion, reconstruction. alteration, and repair of the improvements. and all other work in connection therewith. .. . . .. . .._ • C-z '9-4-5tt3 t..i crnment Lo:at 1'' (6) "State" means the state of Colorado. Source: L. 51. p. 444, § 2: CSA. C. 82. § 80: CRS 53. § 69-6-2: L. 61. p. 422. § 2: C.R.S. 1963. § 69-6-2. 29-4-503. Creation of housing authority. (I) Any twenty-five residents of the county may file a petition with the clerk of the board of county commis- sioners setting forth that there is a need for an authority to function in the county. Upon the filing of such petition. the clerk of the board shall give notice of the time. place. and purpose of a public hearing at which the board will determine the need for such an authority in the county. Such notice shall be given at the county's expense by publishing a notice at least ten days preceding the day on which the hearing is to he held in a ncwsparer has in_ • a general circulation in the county or. if there is no newspaper. by posting such notice in at least three public places within the county at least ten days preceding the day on which the hearing is to be held. (2) Upon the date fixed for said hearing. held upon notice as provided in this section. a full opportunity to he heard shall he granted to all residents and taxpayers of the county and to all other interested persons. After such a hearing, the hoard shall determine whether there is a shortage of decent. safe, and sanitary dwelling accommodations in the county available to per- sons engaged in agricultural•work. their families, and other low income fam- ilies. If the boatd determines that such condition of shortage exists. the board shall adopt a resolution so finding and shall cause notice of such determina- • tion to be given to the chairman of the board, who shall thereupon appoint • commissioners. as provided in either subsection (2) or (3) of section 29-4-504. to act as an authority. A certificate signed by such commissioners so appointed by the chairman of the board shall then be filed with the division of local government in the department of local affairs. and there remain of • record. setting forth that a notice has been given and a public hearing has been held as aforesaid: that the board made a determination of such shortage after such hearing; and that the chairman of the board has appointed them as commissioners to act as an authority. Upon the filing of such certificate with said division, the commissioners and their successors shall constitute a housing authority. which shall be a body corporate and politic. (3) If the board. after a hearing. determines that there is not a shortage of decent. safe. and sanitary dwelling accommodations in the county available to persons engaged in agricultural work, to their families. and to other fam- ilies of low income, it shall adopt a resolution denying the petition. After three months have expired from the denial of the petition. subsequent peti- tions may be filed and new hearings and determinations made thereon. (4) In any suit, action, or proceeding involving the validity or enforcement of any contract, mortgage. trust indenture, or other agreement of the author- ity or involving any action taken by the authority, the authority shall be con - elusively deemed to have been established in accordance with the provisions of this part 5 upon proof of the filing of the aforesaid certificate. A copy of such certificate, duly certified by the director of the division of local ggo"- ernment. shall be admissible in evidence in any such suit. action. or proceed- ing and shall ge conclusive proof of the filing and the contents thereof. • e-3 (51 If the board of count, commissioners denies an: petition filed for ti:e creation of a howling authority in accordance with the provisions of eubse.- tion (3) of this section. and the residents of such county determine that there is in fact a shortage of decent. safe. and sanitary dwelling accommodation, in the county , a petition may he filed with the board requesting that the que" tion of the approval or disapproval of creating a housing authority be submit- ted to a vote of the qualified electors of such county. If the petition. which may consist of one or more separate copies. contains the signatures and resi- dence addresses of qualified electors of such county equal in number to not less than five percent of the votes cast for governor or for president and vice president of the United States at the last preceding general election held within such county. the board shall cause the •question of the creation of a housing authority to he submitted at the next general election. All registered electors within the counts shall he eligible to vote on the question. which shall be conducted. insofar as possible. in accordance with the provisions • of sections 29-4-604 to 29-4-607: except that the question to be voted on shall l be the creation of a housing authority. and the provisions of the "Colorado Election Code of 195(1" shall appik . Source: L. 51. p. 445. 2 3: CSA. C'. 82. SI : CRS 53. 69-h-3: L. 61. p. 423, § 3: C.R.S. 196?. a 69-6-3: L. 65. p. 72s. 3: L. 73. p. 5tlti. : 2: L. ' - 76. p. 597. ti 10: L. 80. p. 410. * 16. Cross references: For the"Colorado Election Code ill 19511''.see articles 1 to 13 ul tide I Am. Jur.2d. See 40 Am. Jur.2d. Housing leenl:ane and therefore not renewable under . Laws.Etc..§ W. rule Ili. C.R.C.P.. and since the hoard Finds Fan-finding under this section is Iegulati,e the facts hut pauses no ludement thereon. it is proceeding. The fact-finding (unction tit the given no judicial power.Smith v. Waymire.29 board of county commissioners' proceeding Colo. App.544.487 P.1159911971). under the county housing authority act is the Fur, when the people are given the right to . exercise of a legislative directive and not a accept nr reject a police regulation.it is a legis- quasi-judicial proceeding. Smith v. Waymire. lative rather than a quasi-judicial or adminis- 29 Colo.App.544,487 P.2d 599 119711. trative power that it involved. Smith v. - . And not reviewable under rule 106.C.R.C.P. Waymire. :9 Colo. App. 544. 487 P.Jd 599 The fact-finding called for in this section is (1971). 29-4.504. Appointment of commissioners. (I) The authority shall consist of commissioners appointed by the board in the manner provided in either subsection (2) or(3) of this section. (2) The board may provide that the members of the board shall ex officio be appointed the commissioners of the authority. The terms of office of such commissioners shall be coterminous with their terms of office on the board. The chairman of the board shall ex officio be chairman of the commissioners. and the commissioners shall select from their members a vice-chairman. • (3) (as The board may provide .that an authority shall consist of five commissioners appointed by the chairman of the board. who shall designate the first chairman. Not more than one of such commissioners may be a county official. In the event that a county official is appointed as a commis- sioner of an authority. acceptance or retention of such appointment shall not be deemed a forfeiture of his-office. or incompatible therewith. or affect his tenure or compensation in any way. The term of office of a commissioner e-N '-9-4-504 Government • Local of an authority s h,' is a count official shall not be affected or curtailed by the expiration of the term of his county office. (bl The commissioners ho are first appointed under the provisions of this subsection i_ shall be designated by the chairman of the board to serve for terms of one. taco. three, four, and five years respectively from the date of their appointment. Thereafter. the term of office shall be five years. A commissioner shall hold office until his successor has been appointed and has qualified. Vacancies other than by reason of expiration of terms shall be filled for the unexpired term. Three commissioners shall constitute a quo- rum. The chairman of the hoard shall file ith the count} clerk and recorder a certificate of the appointment or reappointment of any commissioner, and such certificate shall he conclusive evidence of the due and proper appoint- ment of such commissioner. The authority shall select from its members a vice-chairman and a chairman when the office of the first chairman becomes • vacant. (41 A commissioner shall receive no compensation for his services, but shall he reimbursed for actual and necessan expenses incurred in the perfor- • mance of his official duties. (5; An authority may employ a secretary ..s ho shall he execuu..e director. technical expens. and such other officers. agents, and employees, permanent and temporary, as it may require. and shall determine their qualifications. duties, and compensation. An authority may call upon the corporation coun- sel or chief lau officer of the city for such legal services as it may require. or it may employ its own counsel and legal staff. An authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper. (6) The board may. by resolution, change the method of appointment of commissioners after a proper notice and hearing, and set a date for the changed method to become effective. (7) No commissioner or employee of an authority shall acquire any inter- est, direct or indirect, in any project or in any property included or planned to be in any project. nor shall he have any interest. direct or indirect. in • • any contract or proposed contract for materials or services to be furnished or used in connection with any project. If any commissioner or employee of an authority owns or controls an interest, direct or indirect. in any property included or planned to be included in any project, he shall immediately dis- close the same in writing to the authority, and such disclosure shall be entered upon the minutes of the authority. Failure to so disclose such interest shall constitute misconduct in office. Upon disclosure such commissioner or employee shall not be allowed to participate in any action by the authority for acquisition of such property or making such contract. (8) For inefficiency or neglect of duty or misconduct in office, a commis- sioner of an authority may be removed by the board, but only after a hearing and after he has been given a copy of the charges at least ten days prior to such hearing and an opportunity to be heard in person or by counsel. In the event of the removal of any commissioner. a record of the proceedings together with the charges and findings thereon shall be filed in the office of the clerk of the board. (91 The terms of office of present commissioners of authorities created under this section shall expire July I. 1973. Prior to such date. the board c.-s r_; Houstn_ 2`'-g shall appoint new commissioners. as provided. in subseetions t'_i and tat of this section. such appointments to be effectise Jul) I. 19-3. Source: L. 51 . p. 447, § 4: CSA. C. 82. § 82: CRS 53. § 69-6-4: L. 61. p. 425, § 4: C.F.S. 1963. § 69-6-4: L. 73. p. 801 . * 3. Am. Jur.2d. See 40 Am. Jur._d. Housing Laws. Etc..4 it. • 29-4-505. Powers of authority. iii A housing authority shall constitute a • public body. corporate and politic. exercise public and essential goYernmental functions. and have all the powers necessary and convenient to cam out and effectuate the purposes and pro'isions of this part 5 but not the power to levy and collect taxes or special assessments). including the following powers: (a) To sue and be sued: (b) To hale a seal and to alter the same at pleasure: (c) To have perpetual succession: (d) To make and execute contracts and other instruments necess.trn or convenient to the exercise of the powers of the authority : (e) To make and from time to time amend and repeal byl:nss, rules. and regulations not inconsistent with this part 5 to carry into effect the powers and purposes of the authority: (f) To exercise any of the public powers granted to city housing a uthori- ties under part 2 of this article: (g) To do all acts and things necessary or convenient to carry out the powers given in this part 5 or the purposes hereof. Source: L. 51. p. 448. § 5: CSA. C. 82. § 83: CRS 53. § 69.6-5: L. 61. p. 426, § 5; C.R.S. 1963. § 69-6-5. 29-4-506. Policy of authority. (I) It is declared to be the policy of.this state that each authority shall manage and operate its projects in an efficient • manner so as to enable it to fix the rentals or payments for duelling accom- modations at low rates consistent with providing adequate dwelling accommo- dations for persons of low income. (2) To this end the authority shall fix the rentals or payments for dwe!lines • in its projects at no higher rates than it finds to be necessary in order to produce revenues which, together with all other available moneys. revenues. I income, and receipts of the authority from whatever sources derived includ- _y LI • ing federal financial assistance necessary to maintain the low rent character t of the projects. will be sufficient to cover: (a) Reasonable and proper costs of management. operation. maintenance. and improvement of the projects: • (b) Payments in lieu of taxes as it determines are consistent with the maintenance of the low rent character of projects: t (c) The establishment of reasonable and proper reserves: and C-‘ Government - Local L'r (dl The payment of currently maturing installments of principal and in:er- est on any indebtedness incurred in connection with the project by the author- ity. (3) Rentals or payments for dwellings shall be established and the projects administered, insofar as possible, so as to assure that any federal financial assistance required shall be strictly limited to amounts and periods necessary to maintain the low rent character of the projects. In the operation or manage- ment of a project, the authority may enter into any agreement with the federal government respecting tenant eligibility. Source: L. 51, p. 449, § 6; CSA, C. 82, § 84: CRS 53, § 69-6-6; L. 61, p. 427, § 6; C.R.S. 1963, § 69-6-6. 29-4-507. Tax exemption. The property of the authority is declared to be public property used for essential public and governmental purposes, and such property and authority shall be exempt from all taxes of any city, town. county, state, or political subdivision thereof. In lieu of taxes on its property, the authority may agree to make such annual payments to the taxing bodies in which the projects are situated as it finds consistent with the maintenance of the low rent character of the projects or the achievement of the purposes of this part 5. Source: L. Sl, p. 449, § 7; CSA, C. 82. § 85; CRS 53, § 69-6-7; L. 61, p. 428, § 7; C.R.S. 1963, § 69-6-7.• 294-508. Boundaries of authority. The boundaries of such authority shall • be the boundaries of the county, but in no event shall they include the whole or a pan of any city unless the governing body of said city passes a resolution authorizing the inclusion of said city within the boundaries of such authority nor may it include any area within the county which at the time of the orga- nization of such housing authority was included within the boundaries of a housin_'authority previously established under part 2 of this article: but noth- ing in this section shall be deemed to prevent the organization of a housing authority subsequently established by any such city embracing any area within the county exclusive of the area of any project owned or operated by an authority organized under this part 5. Source: L. 51. p. 449. § 8: CSA. C. 82. § 86: CRS 53. § 69-6-S: L. 61. p. 4'_8. § 8: C.R.S. 1963, § 69-6-8. 29-4-509. Conformity with building laws. All projects of an authority shall be subject to the planning. zoning. sanitary, and building laws. ordinances. and regulations applicable to the locality in which the project is situated. Source: L. 51. p. 450. § 9: CSA, C. 82. § 87: CRS 53. § 69-6.9: L. 61. p. 429. § 9: C.R.S. 1963, § 69-6-9. Cross references: For county planning and building codes.see see article 28 of title 30:for munic- ipal zoning restnctions.see pan 3 of anicle 23 of title 31. C-7 19-4-'D9 Government - Local I(r C.J.S. See 6- C.J.S.. %tunic:NI CoTur_- - uo.^s. i 4 Wi-511. 29-4-209. Powers of authority. (I) An authority shall constitute a both both corporate and politic, exercising public powers and having all the powers necessary or convenient to carry out and effectuate the purposes and provi- sions of this pan 2. including the following powers in addition to others granted in this section: (a) To investigate living, dwelling, and housing conditions and the means and methods of improving such conditions; (b) To determine where unsafe, unsanitary, or substandard dwelling or housing conditions exist: • (c) To study and make recommendations concerning the city plan in rela- tion to the problem of clearing, replanning, and reconstruction of areas in which unsafe, unsanitary, or substandard dwelling or housing conditions exist, and the providing of dwelling accommodations for persons of lob% income, and to cooperate with any city or regional planning agency; (d) To prepare, carry out, and operate projects and to provide for the construction, reconstruction, improvement, alteration, or repair of any project or any pan thereof. (e) To take over by purchase, lease, or otherwise any project undertaken by any government or by the city; (f) To manage as agent of the city any project constructed or owned by the city; (g) To act as agent for the federal government in connection with the acquisition, construction, operation, or management of a project or any pan thereof; (h) To arrange with the city or with a government for the furnishing, plan- ning. replanning, opening, or closing of streets, roads, roadways, alleys, or other places or facilities for the acquisition by the city or a government of property, options, or property rights, or for the furnishing of property or services in connection with a project: (i) To lease or rent any of the dwellings or other accommodations. or any of the lands. buildings, structures. or facilities embraced in any project. and to establish and revise the rents or charges therefor; (j) To enter upon any buildings or property in order to conduct investiga- tions or to make surveys or soundings: (k) To purchase, lease, obtain options upon, or acquire by eminent domain, gift. grant- bequest, devise, or otherwise any property, real or per- sonal. or any interest therein from any person. firm, corporation, the city, or a government; (I) To sell, exchange, transfer, assign, or pledge any property, real or per- sonal. or any interest therein to any person- firm- corporation. the city. or a government: (m) To own. hold, clear, and improve property and to insure or provide for the insurance of the property or operations of the authority against such risks as the authority may deem advisable: (n) To procure assurance from a government of the payment of any debts or parts thereof secured by mortgages made or held by the authority on any property included in any project: • • c-s' 3. 103 Housing 29-4-209 (o) To borrow money upon its bonds, notes, debentures. or other evi- dences of indebtedness, and to secure the same by pledges of its revenues and, subject to the limitations imposed by this part 2, by mortgages upon property held or to be held by it, or in any other manner: (I) In connection with any loan, to agree to limitations upon its right to dispose of any project or part thereof, or to undertake additional projects: (II) In connection with any loan by a government- to agree to limitations upon the exercise of any powers conferred upon the authority by this pan 2; (p) To invest any moneys held in reserve or sinking funds or any moneys not required for immediate disbursement in property or securities in which savings banks may legally invest moneys subject to their control, or to deposit the same or any part thereof in any depository authorized in section 24-75-603, C.R.S. For the put-pose of making such deposits as provided in this paragraph (p). the commissioners may appoint, by written resolution. one or more persons to act as`custodians of the moneys of the authority. Such persons shall give surety bonds4An-such arriounts'and form and for such pur- poses as the authority require's' (q) To sue and be sued: (r) To have a seal and to alter the same at pleasure: (s) To have perpetual succession: (t) To make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority; (u) To make and from time to time amend and repeal bylaws, rules, and regulations not inconsistent with this part 2, to carry into effect the powers and purposes of the authority; (v) To conduct examinations and investigations and to hear testimony and take proof under oath at public or private hearings on any matter material for its information: (w) To issue subpoenas requiring the attendance of witnesses or the pro- duction of books and papers and to issue commissions for the examination of witnesses who are out of the state, unable to attend before the authority. or excused from attendance; (x) To make available to such agencies, boards- or commissions as arc charged with the duty of abating nuisances or demolishing unsafe structures within its territorial limits its findings and recommendations with regard to any building or property where conditions exist which are dangerous to the public health, morals, safety, or welfare: and (y) To do-all things necessary or convenient to carry out the powers given in this part 2. (2) Any of the investigations or examinations provided for in this part '- may be conducted by the authority or by a committee appointed by it. consisting of one or more commissioners, or by counsel. or by an officer or employee specially authorized by the authority to conduct it. Any commis- sioner, counsel for the authority, or any person designated by it to conduct an investigation or examination has the power to administer oaths. take affi- davits, and issue subpoenas or commissions. An authority may exercise any of the powers conferred upon it by this section. either generally or with respect to any specific project through or by any agent which it ma, desig- nate, including any corporation formed under the laws of this stale. and. for Ii c- 9 such purposes. an authorlt\ ma\ cause one or more corpora:ton• to bc formed under the la\u of this state or may acquire the capital stock of am corporation. Any corporate agent. all of the stock of which is ooned by the authority or its nominee, to the extent permitted b) law, may exercise an of the powers conferred upon the authority. (3) In addition to all of the other powers conferred upon it by this section. an authority may do all things necessary and convenient to carry out the powers expressly given in this pan 2. No provisions with respect to the acqui- sition. operation, or disposition of property by public bodies shall be applica- ble to an authority unless the legislature specifically so states. • Source: L. 35. 533. § 9: CS.A. C. 82. 37: CRS 53. 69.3-9: C.R.S. 1963. 69-3-9: L. 79. p. 1617. § 15. C.J.S. See 62 C.J.S.. Municipal Corpora- tions. t 699 29-4-210. Rentals and tenant selection. I II In the operation or manace. ment of housing projects. any housing authority at all times shall observe the following duties with respect to rentals and tenant selection: tai It ma\ rent or lease dwelling accommodations therein to persons of lo\\ income. being persons revel\in_ incomes less than the incomes which. according to the determination of the authority, persons must receive to enable them to pay the rent necessary to secure safe and sanitary dwelling accommodations within the boundaries of the authority, except such dwelling • accommodations as arc provided by the authority or the city. (b) It may rent or lease the dwelling accommodations therein only at rentals within the financial reach of such persons of low income. (c) It may rent or lease to a tenant dwelling accommodations consisting of the number of rooms- but no greater number than that which it deems necessary to provide safe and sanitary accommodations to the proposed occu- pants thereof without overcrowding. (d) It shall not accept any family as a tenant in any housing project if the family who would occupy the dwelling accommodations has a net annual income in excess of five times the annual rental of the dwelling accommoda- tions to be furnished, after allowing all exemptions available to families occu- pying dwellings in low rent housing authorized under the act of Congress of the United States known as the "United States Housing Act of 1937..• as amended. In computing such rental. for the purpose of selecting tenants• there shall be included in the rental the average annual cost to the occupant. as determined by the authority, of heat. water, electricity. gas. and other necessary services or facilities, whether or not the charge for such services and facilities is in fact included in the rental. (2) Nothing in this part 2 shall be construed as limiting the power of an authority: (a) To vest in an obligee the right, in the event of default by the authori to take possession of a housing project or cause the appointment of a receiver: thereof. free from all the restrictions imposed by this part 2 with respec to rentals, tenant selection, manner of operation, or otherwise: C-10 105 Housing lb' To vest in obligees. pursuant to section 2_9-4-'_I-. the rich:. in the dent of default by the authority, to acquire title to a housing project or the prop- erty mortgaged by the housing authority. free from all the restrictions imposed by this part 2 except those imposed by sections 29-4-217 and 29-4-122. Source: L. 35. p. 536. § 10: CSA. C. 82. § 38: L. 37, p. 669. § 2: CRS 53, § 69-3-10: L. 59. p. 4S8. § I: C.R.S. 1963. § 69-3-10. Am- Jur.2d. See 40 Am. Jur.2d. Housing Lions.$IS"61 . 6- C.J.S.. Municipal Corpora Laces.Etc..§ 33. C.J.S. See 62 C.J.S.. Municipal Corpora- . -Lions. § 69* n3 C.J.S.. Municipal Corpora- 29-4-2211. Eminent domain. (I ) The authority h.t, the right to acquire by eminent domain any property, real or personal. which it may deem necessary to carry out the purposes of this part 2 after the adoption by•it of a resolution declaring that the acquisition of the property described therein is in the public interest and necessary for public use. The authority may exercise the power of eminent domain pursuant to the provisions of either sections 38-1-101 to 38-1-I15. article 3 of title 38. and section 38-5-106 or article 6 of title 38. C.R.S. (2) Property already devoted to a public use may be acquired: but no property belonging to the city or to any government may be acquired without its consent. and nu property belonging to a public utility corporation may be acquired without the approval of the commission or other officer or tribu- nal having regulatory power over such corporation. Source: L. 35. p. 537, § II; CSA. C. 82. § 39; CRS 53, § 69-3-11: C.R.S. 1963, § 69-3-I1. G.S. See 62 C.J.S.. Municipal Corpora- bly.under the circumstances described above. lions.§ 699. was to restrict the authonty to condemn prop- Law reviews. For article. "Eminent Domain erty to that which was located within the limns in Colorado—.see 29 Dicta 313(19522). of the city. Robison v. Housing Auth.. 165 Authority restricted to property within city. Colo.469.439 P.2d.732(1968). . The manifest intention of the general assem- 29-4-212. Acquisition of land for government. The authority may acquire by purchase or by the exercise of its power of eminent domain any property. real or personal. which it may deem necessary for any project being con- structed or operated by a government. The authority. upon such terms and conditions as it determines. may convey title or possession of such property so acquired or purchased to such government for use in connection with such project. Source: L. 35, p. 537, § 12: CSA. C. 82. § 40: CRS 53. § 69-3-12: C.R.S. 1963, § 69-3-12. Am. Jur.2d. Sec 40 Am. Jur.2d. Housing 4699: 63 C.J.S.. Municipal Corporations. taws.Etc..§ „ § 1061. C.J.S. See 29A C-J.S.. Eminent Domain. 4 J. 62 C.J.S.. Municipal Corporations. • c-tl 29-4-223 Government - Local 112 and maintenance of such property and the construction of improvements thereon. Source: L. 35, p. 549, § 22; CSA, C. 82, § 50; CRS 53, § 69.3-22; C.R.S. 1963, § 69-3-22. 29-4-223. Contracts with federal government. (1) In addition to the powers conferred upon the authority by other provisions of this part 2. the authority is empowered: (a) To borrow money from the federal government to finance the con- struction of any project which such authority is authorized by this part 2 to undertake; (b) To take over any land acquired by the federal government for the construction of a project: and (c) To take over, lease, or manage any project so constructed or owned by the federal government and, to that end, to enter into any such contracts, mortgages. trust indentures, leases, or other agreements as the federal gov- ernment may require in such connection. (2_) Such contracts, mortgages, trust indentures, leases, or other agree- ments may provide that the federal government has the right to supervise and approve the construction, maintenance, and operation of such project. (3) It is the purpose and intent of this part 2 to authorize such authority to accept the cooperation of the federal government in the construction, maintenance, and operation and in the financing of the construction of any • project which the authority is empowered by this part 2 to undertake. Such authority has full power to do all things necessary in order to secure such aid, assistance, and cooperation. Source: L. 35. p. 549, § 23: CSA, C. 82. § 51: CRS 53. § 69-3-23: C.R.S. 1963• § 69-3-23. C.J.S. Sec 62 C.J.S.. Municipal Corpora- tions.§ 699. 29-4-224. Wage and labor conditions. Notwithstanding anything to the con- trary contained in the housing authorities law or in any other provision of law, any housing authority is empowered to include in any construction con- tract let in connection with a housing project, as defined in said housing authorities law, stipulations requiring that the contractor and any subcontrac- tors comply with requirements as to minimum wages and maximum hours of labor and with any conditions or regulations which the federal government has imposed as a condition to its financial aid to said housing project. Source: L. 37, p. 670. § 3: CSA. C. 82. § 55(1); CRS 53. § 69-3-24: C.R.S. 1963, § 69-3-24. 29-4-225. Insurance. A housing authority. in addition to its other powers. has the power to procure or agree to the procurement of insurance or guaran- tees from the federal government for the payment of any debts or pans p c-t z 113 Huu.in_ thereof incurred by said authority. including the Nm er to pay premiums on any such insurance. Source: L. 37, p. 670. § 4: CSA. C. 82. § 55t2_1: CRS 53. § 69-3-25: C.R.S. 1963, § 69-3-25. 29-4-226. Exemption from special assessments. A housing authority shall be exempt from the payment of any special assessments to the state or any subdivision thereof. The property of a housing authority shall be exempt from all local and municipal special assessments. All property leased to a housine authority shall likewise be exempt from special assessments. Source: L. 37. p. 671. § 5: CSA. C. 82. § 5513): CRS 53. § 69-3-26: C.R.S. 1963. § 69-3-26. 29-4-227. Tax exemptions. The authority is exempt from the payment of any taxes or fees to the state or any subdivision thereof, or to any officer or employee of the state or any subdivision thereof. The property of an authority shall be exempt from all local and municipal taxes. Bonds, notes, debentures. and other evidences of indebtedness of an authority are declared to be issued for a public purpose and to be public instruments, and. together with interest thereon, shall be exempt from taxes. All property leased to the authority for the purposes of a project shall likewise be exempt from taxa- • tion, as shall the income derived from the authority by the lessor under such lease. • Source: L. 35, p. 552. § 28; CSA, C. 82. § 56; CRS 53. § 69-3-27: C.R.S. • 1963, § 69-3-27. 29-4-228. Reports. The authority shall, at least once a year. file with the mayor of the- city a report of its activities for the preceding year and shall make any recommendations with reference to any additional legislation or other action that may be necessary in order to carry out the purposes of this part 2. Source: L. 35. p. 552. § 29; CSA. C. 82. § 57; CRS 53. § 69-3-28: C.R.S. • 1963, § 69-3-28. 29-4-229. Low rentals. It is the purpose and intent of this part 2_ to author- ize and impose a duty on the authority to provide safe and sanitary dwelline accommodations at such rentals that persons of low income can afford to live in such dwelling accommodations. To this end. the authority from time to time shall reduce its rents and other charges for such dwelline accommoda- tions to the extent that it deems such action expedient: but the authority shall not reduce its rents or other charges if such action is in violation of any • contract between the authority and an obligee or would result in an insuffi- - . ciency of revenues from the project to meet the costs of the operation and maintenance thereof, to meet.all obligations of the avt.hority as same mature. Hello