HomeMy WebLinkAbout20023234 RESOLUTION
RE: APPROVE CONTRACT FOR CDBG GRANT FOR WELD LARIMER REVOLVING
LOAN FUND FOR SMALL BUSINESS ASSISTANCE TO COMPANIES LOCATED IN
NON-ENTITLEMENT AREAS OF WELD AND LARIMER COUNTIES 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 Contract for a Community
Development Block Grant (CDBG) for the Weld Larimer Revolving Loan Fund for small
business assistance to companies located in non-entitlement areas of Weld and Larimer
Counties between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the Colorado Department of Local Affairs, commencing
upon full execution of said contract, with further terms and conditions being as stated in said
contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Contract for a Community Development Block Grant (CDBG)
for the Weld Larimer Revolving Loan Fund for small business assistance to companies located
in non-entitlement areas of Weld and Larimer Counties between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and the
Colorado Department of Local Affairs be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
2002-3234
FI0035
0 0 I, FS
RE: CDBG CONTRACT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of December, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
�>•�� WELD COUNTY, COLORADO
ATTEST: a /Ifl.�i /Las EXCUSED
Glen aad, Chair
Weld County Clerk o h + Acp
David . L g, •ro-Te r
BY: /t_. , a _ , •V
Deputy Clerk to the
. . eile _ 1/4„,
ED AS TO F • EXCUSED DATE OF SIGNING (AYE)
William H. Jerke
ounty Attorn EXCUSED
Robert D. Masden
Date of signature: 6/03
2002-3234
FI0035
CDBG#k 02-082
Rev.6/28402
Contract Routings 00'/5t/
v«wors ?4c. 000'S/3
CFDA s 14.228
CONTRACT
THIS CONTRACT,made by and between the State of Colorado, Department of Local Affairs. 1313 Sherman
Street. Denver.Colorado 80203, for the use and benefit of hereinafter referred to as the State, and Weld County. 915
10 Street.Greeley. Colorado 80631, 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 1 00 ,
Appropriation Code Number /13 , Org. Unit P-DCD , GBL 2 D7 3 Contract Encumbrance
Number FO3CDB02082; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS,the United States Government,through the Housing and Community Development Act of 1974
("the Act"), Pub. L. No. 93-383, as amended, has established a Community Development Block Grant(CDBG")
program and has allowed each state to elect to administer such federal funds for its nonentitlement areas, subject to
certain conditions, including a requirement that the state's program give maximum feasible priority to activities which
will benefit very low-, low-, and moderate-income families or aid in the prevention or elimination of slums or blight;the
state's program may also include activities designed to meet other community development needs having a particular
urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community
where other financial resources are not available to meet such needs. Additionally,the state's program is subject to a
federal requirement that not less than seventy percent(70%) of the aggregate amount of CDBG funds received by the
state shall be used for the support of activities that benefit persons of very low-, low-, and moderate-income; and
WHEREAS,the State of Colorado has elected to administer such federal funds for its nonentitlement areas
through the Colorado Department of Local Affairs ("Department"), pursuant to C.R.S. 1973, 24-32-106(1) (d), 24-32-
304(2) co and 24-32-705(1) (); and
WHEREAS,the Department has received applications from political subdivisions in Colorado for allocations
from the federal CDBG funds available to Colorado; and
WHEREAS,the Contractor is one of the eligible political subdivisions to receive CDBG funds; and
WHEREAS,the Department has approved the proposed Project of the Contractor;
NOW,THEREFORE, It is hereby agreed that:
1. 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 Service",set forth in Exhibit A,which Is attached hereto and is incorporated herein by
reference, and is hereinafter 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 Jean Daviet, an employee or agent of Contractor,who is hereby designated as the responsible
administrator of this Project. At any time the Contractor wishes to change the responsible administrator,the
Contractor shall propose and seek the State's approval of such replacement responsible administrator. The State's
approval shall be evidenced through a Contract Amendment to this contract initiated by the State as set forth in
paragraph 16.b) of this Contract. Until such time as the State concurs in the replacement responsible administrator,
the State may direct that Project work be suspended.
3. Time of Performance. This Contract shall become effective upon proper execution of this Contract by
the State Controller or designee. The Project contemplated herein shall commence as soon as practicable alter the
execution of this Contract and shall be undertaken and performed in the sequence set forth in the attached Exhibit A,
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 not later than the termination date set forth in the Scope of
Services.
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4. Eligibility and National Objectives. All project activities shall be eligible under Section 105 of the Act, as
amended, and all related regulations and requirements. Furthermore, project activities shall meet the following
indicated (with a"X') broad national objective(s), as set forth in Section 104(b)(3) of the Act, as amended, and all
related regulations and requirements: -
)4S Benefit persons of very low-, low-, and moderate-income;
Prevent or eliminate slums or blight;
Meet other community development needs having a particular urgency because existing
conditions pose a serious and immediate threat to the health or welfare of the community
where other financial resources are not available to meet such needs.
5. Oblioation. Expenditure and Disbursement of Funds.
a) Prior Expenses. Expenses incurred by the Contractor in association with said Project prior to
execution of this Contract are not eligible CDBG expenditures and shall not be reimbursed by the State.
b) Environmental Review Procedures. Funds shall not be obligated or utilized for any activities
requiring a release of funds by the State under the Environmental Review Procedures for the CDBG program at 24
CFR Part 58 until such release is issued in writing. Administrative costs, reasonable engineering and design costs,
and costs of other exempt activities identified in 24 CFR 58.34(a)(1)through (8) do not require a release of funds by
the State. For categorically excluded activities listed in 58.35(a) determined to be exempt because there are no
circumstances which require compliance with any other Federal laws and authorities cited at 58.5,the Contractor
must make and document such a determination of exemption prior to incurring costs for such activities.
c) Community Development Plan Requirement. Prior to receiving disbursements of CDBG funds from
-the State,the Contractor shall identify its community development and housing needs, including the needs of very
low-, low-, and moderate-income persons, and the activities to be undertaken to meet such needs.
8. Definition of Very low-. Low- and Moderate-Income Persons. Very low-, low-, and moderate-income
persons are defined,for the purposes of this Contract,as:
Those persons who are members of very low-, low-, and moderate-income families as set forth
in Exhibit B,which is attached hereto and incorporated herein by reference, or as subsequently
promulgated in writing by the State, or
Those persons who have been determined by HUD, based upon most recent Census data, to
be very low-, low-, and moderate-income persons.
Those persons belonging to clientele groups who are generally presumed by HUD to be
principally very low-, low-, and moderate-income persons.
Not applicable to this project.
7. Citizen Participation. The Contractor shall provide citizens with reasonable notice of, and opportunity to
comment on, any substantial change proposed to be made in the use of CDBG funds from one eligible activity to
another by following the same citizen participation procedures required for the preparation and submission of its
CDBG application to the State. The Contractor shall also comply with the procedure set forth herein regarding the
modification and amendment of this Contract.
Additionally,the Contractor shall have and follow a Citizen Participation Plan (CPP)which Includes the six
elements specified in Section 104(a)(3)the Act. The CPP must include a provision for at least one public hearing
during the course of the Project to allow citizens to review and comment on the Contractor's performance in carrying
out the Project.
8. Residential Antidisolacement and Relocation Assistance Plan. The Contractor shall follow a residential
antidisplacement and relocation assistance plan which,should displacement occur, provides that:
a) governmental agencies, non-and for-profit organizations, or private developers shall provide within
the same community comparable replacement dwellings for the same number of occupants as could have been
housed in the occupied and vacant occupiable low- and moderate-income dwelling units demolished or converted to a
use other than for housing for low- and moderate-income persons, and provide that such replacement housing may
include existing housing assisted with project based assistance provided under Section 8 of the United State Housing
Act of 1939;
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b) such comparable replacement dwellings shall be designed to remain affordable to persons of low-
and moderate-income for ten(10) years from the time of initial occupancy;
c) relocation benefits shall be provided for all low-income persons who occupied housing demolished
or converted to a use other than for low-. or moderate-income housing, including reimbursement for actual and
reasonable moving expenses, security deposits, credit checks, and other moving-related expenses; including any
interim living costs; and, in the case of displaced persons of low- and moderate-income, provided either.
) compensation sufficient to ensure that,for a five-year(5-year) period,the displaced families
shall not bear, after relocation, a ratio of shelter costs to income that exceeds thirty percent
(30%); or
ii) if elected by a family, a lump-sum payment equal to the capitalized value of the benefits
available under subclause (1)to permit the household to secure participation in a housing
cooperative or mutual housing association;
d) Persons displaced shall be relocated Into comparable replacement housing that is:
i) decent, safe, and sanitary;
i) adequate in size to accommodate the occupants;
iii) functionally equivalent; and,
iv) In an area not subject to unreasonably adverse environmental conditions.
Persons displaced shall have the right to elect, as an alternative to the benefits under this paragraph,to receive
benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, if
such persons determine that it is in their best interest to do so; and, where a claim for assistance under subparagraph
(d) is denied by the Contractor,the claimant may appeal to the State, and that the decision of the State shall be final
unless a court determines the decision was arbitrary and capricious.
The Contractor shall follow the Residential Antidisplacement and Relocation Assistance Plan except that paragraphs
a) and b)shall not apply in a case in which the Secretary of the U. S. Department of Housing and Urban Development
finds, on the basis of objective data, that there is available in the area an adequate supply of habitable affordable
housing for low-, and moderate-income persons. A determination under this paragraph is final and nonreviewable.
9. Affirmatively Furthering Fair Housing. The Contractor shall affirmatively further fair housing in addition to
conducting and administering its Project in conformity with the equal opportunity requirements of Title VI of the Civil
Rights Act of 1964 and the Fair Housing Act, as required herein.
10. Recovery of Capital Costs of Public Improvements. The Contractor shall not attempt to recover any
capital costs of public improvements assisted in whole or part with CDBG funds by assessing any amount against
properties owned and occupied by persons of very low-, low-, or moderate-income, including any fee charged or
assessment made as a condition of obtaining access to such public improvements, unless;
a) CDBG funds are used to pay the proportion of such fee or assessment that relates to the capital
costs of such public improvements that are financed from revenue sources other than the CDBG program, or
b) for the purposes of assessing any amount against properties owned and occupied by persons of
moderate income who are not persons of very low- or low-income, it certifies that it lacks sufficient CDBG funds to
comply with the requirements of subparagraph (a) hereinabove.
11. 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 Eight Hundred Fifty Thousand and no/100
Dollars ($850.000.001. The method and time of payment shall be made in accordance with the "Payment Schedule"
set forth herein in EXHIBIT A. Any State funds not required for completion of the Project will be deobligated by the
State through the processing of a bilateral amendment.
Unless otherwise provided in the Scope of Services:
a) The Contractor shall periodically initiate all reimbursement requests by submitting to the
Department a written request using the State-provided form,for reimbursement of actual and proper expenditures of
State CDBG funds plus an estimation of funds needed for a reasonable length of time.
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b) The State may withhold any payment if the Contractor has failed to comply with the State CDBG
program objectives, contractual tens, or reporting requirements.
c) The State may withhold the final payment until the Contractor has submitted and the-Department
has accepted, all required quarterly Financial Status Report and Performance Report information.
12. Financial Management and Budget. 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 the State's Financial Management Guide and the Financial Management Section of the State
CDBG Guidebook. Contractor may adjust individual budgeted expenditure amounts without approval of the State
provided that no budget transfers to or between administration budget categories are proposed and provided that
cumulative budgetary line item changes do not exceed Twenty Thousand Dollars ($20,000.00), unless otherwise
specified in the'Budget'section of Exhibit A. Any budgetary modifications that exceed these limitations must be
approved by the State through a Contract Amendment as set forth in Paragraph 16. c).
13. Audit.
a) Discretionary Audit. The State,through the Executive Director of the Department, the State Auditor,
or any of their duly authorized representatives, induding 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 indude the Project in its annual audit report as required by the Colorado Local Government Audit
Law, C.R.S. 1973, 29-1-801, et mg and the Single Audit Act of 1996, Pub. L. 104-156, 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 or Federal Agency 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.
14. 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.
15. 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 CDBG funds provided to the State for the purpose of
contracting for the services provided for herein or with program income, and therefore,the Contractor expressly
understands and agrees that all its rights, demands and claims to compensation arising under this Contract are
contingent upon receipt of such funds by the 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. In accordance with 24 CFR Part 85.44, suspension or termination may
occur if the Contractor materially fails to comply with any term of the Contract, or, in the State's discretion,the
Contract may be terminated for convenience. If,through any cause, the Contractor shall fail to fulfill in a timely and
proper manner its 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
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payments to the Contractor for the purpose of offset 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 desires.
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. All finished or unfinished
documents and other materials as described in subparagraph 16.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, subparagraph 18.b) hereof relative to termination shall apply.
18. 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) Unilateral Amendment. The State may unilaterally modify the following portions of this Contract
when such modifications are requested by the Contractor or determined by the State to be necessary and
appropriate. In such cases,the Amendment is binding upon proper execution by the Executive Director of the
Department and State Controller's designee and without the signature of the Contractor.
• i) Paragraph 2. of this Contract, 'Responsible Administrator^;
ID Paragraph 3. of Exhibit A, Scope of Services lime of Performance;
iii) Paragraph 4 of Exhibit A, Scope of Services°Remit Address',
Iv) Paragraph 5 of Exhibit A, Scope of Services"Payment Schedule'.
Contractor must submit a written request to the Department if modifications are required. Amendments to this
Contract for the provisions outlined in this Paragraph 16 b. i)through iv): Responsible Administrator, Time of
Performance, Remit Address, or Payment Schedule can be executed by the State (Exhibit C1).
c) Bilateral Amendment. In the following circumstances, modifications shall be made by an
Amendment signed by the Contractor,the Executive Director of the Department and the State Controller's designee.
Such Amendments must be executed by the Contractor then the State and are binding upon proper execution by the
State Controller's designee.
unless otherwise specified in the 'Budget'section of Exhibit A, when cumulative budgetary line
item changes exceed Twenty Thousand Dollars ($20,000.00);
i) unless otherwise specified in the'Budget'section of Exhibit A, when any budget transfers to or
between administration budgetary categories are proposed;
iii) when any other material modifications, as determined by the State, are proposed to Exhibit A
or any other Exhibits;
iv) when additional or less funding is needed and approved and modifications are required to
Paragraph 5 of this Contract, Compensation and Method of Payment as well as to Exhibit A
'Budget°and Payment Schedule';
v) when there are additional federal statutory or regulatory compliance changes in accordance
with Paragraph 20 of this Contract.
Such Bilateral Amendment may also incorporate any modifications allowed to be made by Unilateral Amendment as
set forth in subparagraph 16.b) of this paragraph.
Upon proper execution and approval, such Amendment(Exhibit C2)shall become an amendment to the Contract,
effective on the date specified in the amendment. No such amendment shall be valid until approved by the State
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Controller or such assistant as he may designate. All other modifications to this Contract must be accomplished
through amendment to the contract pursuant to fiscal rules and in accordance with subparagraph 18 d).
d) Other Modifications. If either the State or the Contractor desired to modify the terms of this
Contract other than as set forth in subparagraphs 16.b) and 16.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 as appropriate, e.g. Attorney General, State Controller, etc.
Such Amendment may also incorporate any modifications allowed to be made by Unilateral and Bilateral Amendment
as set forth in subparagraphs 16.b) or 16.c) of this paragraph.
17. 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 approved pursuant to applicable law.
18. Reports.
a) Financial Reports. The Contractor shall submit to the Department quarterly financial status reports
in the manner and method set forth in the Reporting Section of the State CDBG Guidebook.
b) performance Reports. The Contractor shall submit to the Department quarterly performance
reports and a project completion report in a manner and method prescribed by the Department in the Reporting
Section and Close-Out Section of the State CDBG Guidebook.
19. 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 of administration of a contract if a conflict of interest, real or apparent,
would be involved. Such a conflict would arise when the employee, officer or agent; any member of his immediate
family; his partner; or an organization which employs, or is about to employ, any of the above, has a financial or other
interest in the party or firm selected for award. Officers, employees or agents of the Contractor 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 CDBG activities or who are in a position to participate in a decision-making
processor 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 for one
year thereafter.
i) Persons Covered. The conflict of interest provisions of this subparagraph 19.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 CDBG funds.
i) Threshold Requirements for Exceptions. Upon the written request of the Contractor,the State may
grant an exception to the provisions of this subparagraph 19.b) when it determines that such an exception will
serve to further the purposes of the CDBG 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:
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 CDBG-assisted activity in question; and
b) An opinion of the Contractors attorney that the interest for which the exception is sought would
not violate State or local law; and
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c) A written statement signed by the chief elected official 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 19.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 19.b) i) 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 CDBG-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 19.b);
e) Whether undue hardship will result either to the Contractor or the person affected when
weighted against the public interest served by avoiding the prohibited conflict; and
t) Any other relevant considerations.
20. Compliance with Applicable Laws. At all times during the performance of this Contract,the Contractor
and any subcontractors shall strictly adhere to all applicable Federal and State laws, orders, and all applicable
standards, regulations, interpretations or guidelines issued pursuant thereto. The applicable Federal laws and
regulations include:
a) National Environmental Policy Act of 1969 (42 USC 4321 et seq.), as amended, and the
implementing regulations of HUD (24 CFR Part 58) and of the Council on Environmental Quality (40 CFR Parts 1500-
1508) providing for establishment of national policy, goals, and procedures for protecting, restoring and enhancing
environmental quality.
b) National Historic Preservation Act of 1966 (16 USC 470 et seq.), as amended,.requiring
consideration of the effect of a project on any district, site, building, structure or object that is included in or eligible for
inclusion in the National Register of Historic Places.
c) Executive Order 11593. Protection and Enhancement of the Cultural Environment, May 13, 1971
(36 FR 8921 et seq.), requiring that federally-funded projects contribute to the preservation and enhancement of sites,
structures and objects of historical, architectural or archaeological significance.
d) The Archaeological and Historical Data Preservation Act of 1974, amending the Reservoir Salvage
Act of 1960 (16 USC 469 et seq.), providing for the preservation of historic and archaeological data that would be lost
due to federally-funded development and construction activities.
e) Executive Order 11988. Floodplain Management, May 24, 1977 (42 FR 26951 et seq.) prohibits
undertaking certain activities in floodplains unless it has been determined that there is no practical alternative, in
which case notice of the action must be provided and the action must be designed or modified to minimize potential
damage.
t) Executive Order 11990. Protection of Wetlands, May 24, 1977 (42 FR 26961 et seq.) requiring
review of all actions proposed to be located in or appreciably affecting a wetland. Undertaking or assisting new
construction located in wetlands must be avoided unless it is determined that there is no practical alternative to such
construction and that the proposed action includes all practical measures to minimize potential damage.
g) Safe Drinking Water Act of 1974 (42 USC 201, 300f et seq., 7401 et seq.), as amended, prohibiting
the commitment of federal financial assistance for any project which the Environmental Protection Agency determines
may contaminate an aquifer which is the sole or principal drinking water source for an area.
h) The Endangered Species Act of 1973 (16 USC 1531 et seq.), as amended, requiring that actions
authorized, funded, or carried out by the federal government do not jeopardize the continued existence of endangered
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and threatened species or result in the destruction or modification of the habitat of such species which is determined
by the Department of the Interior, after consultation with the State,to be critical.
i) The Wild and Scenic Rivers Act of 1968 (16 USC 1271 et seq.), as amended, prohibiting federal
assistance in the construction of any water resources project that would have a direct and adverse effect on any river
included in or designated for study or inclusion in the National Wild and Scenic Rivers System.
j) The Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, requiring that federal assistance will
not be given and that license or permit will not be issued to any activity not conforming to the State implementation
plan for national primary and secondary ambient air quality standards.
k) Flood Disaster Protection Act of 1973 (42 USC 4001), placing restrictions on eligibility and
acquisition and construction in areas identified as having special flood hazards.
I) }IUD Environmental Criteria and Standards(24 CFR Part 51) providing national standards for noise
abatement and control, acceptable separation distances from explosive or fire prone substances and suitable land
uses for airport runway clear zones.
m) 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 CRF 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 procedure 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.
n) 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 CRF 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 of 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.
o) Section 104(d) of the Housing and Community Development Act of 1974, (42 USC 5301 as
amended and implementing regulations at 24 CFR Part 570) providing for the replacement of all low- and moderate-
income dwelling units that are demolished or converted to another use as a direct result of the use of CDBG funds,
and which provides for relocation assistance for low- and moderate-income households so displaced.
p) Davis-Bacon Fair Labor Standards Act(40 USC 276A-276a-5) requiring that, on all contracts and
subcontracts which exceed $2,000 for federally-assisted construction, alteration or rehabilitation, laborers and
mechanics employed by contractors or subcontractors shall be paid wages at rates not less than those prevailing on
similar construction in the locality as determined by the Secretary of Labor. (This requirement applies to the
rehabilitation of residential property only if such property is designed for use of eight or more units.) The requirements
set forth in this subparagraph are inapplicable to individuals who volunteer their services under circumstances set
forth in 24 CFR Part 70.
Assistance shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the services of,
or fund any subcontractor or subrecipient during any period of debarment, suspension, or placement in ineligibility
status under the provisions of 24 CFR Part 24.
q) Contract Work Hours and Safety Standards Act of 1962 (40 USC 327 et seq.) requiring that
mechanics and laborers employed on federally-assisted contracts which exceed $2,000 be paid wages of not less
than one and one-half times their basic wage rates for all hours worked in excess of forty in a work week.
r) 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.
s) The Lead-Based Paint Poisoning Prevention Act—Title IV(42 USC 4831) prohibiting the use of
lead-based paint in residential structures constructed or rehabilitated with federal assistance, and requiring notification
8
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.
t) 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.
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 Contractor's obligations under 24
CFR Part 135.
vi) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination
of this contract for default, and debarment or suspension from future HUD assisted contracts.
vii) 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).
u) 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.
9
v) Title IV of the Civil Risrhts Act of 1964 (Pub. L. 88-352; 42 USC 2000 (d)) prohibiting discrimination
on the basis of race, color, and incorporates laws prohibiting age or handicap or religious affiliation, or national origin
discrimination in any program or activity receiving federal financial assistance.
w) The Fair Housing Act(42 USC 3601-20), as amended, prohibiting housing discrimination on the
basis of race, color, religion, sex, national origin, handicap and familial status.
x) 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.
y) 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.
z) 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 for participation (including
employment), denied program benefits or subjected to discrimination under any program or activity receiving federal
funds.
aa) 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.
ab) fire Administration Authorization Act of 1992 (P.L. 102-522), prohibiting the use of housing
assistance in connection with certain assisted and insured properties, unless various protection and safety standards
are met.
ac) Excessive Force. In accordance with Section 519 of Public Law 101-144, the HUD Appropriations
Act, Section 906 of Cranston-Gonzalez Affordable Housing Act of 1990,the Contractor has adopted and is enforcing
a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any
individuals engaged in non-violent civil rights demonstrations; and has adopted and is enforcing a policy of enforcing
applicable State and local laws against physically barring entrance to or exit from a facility or location which is the
subject of such non-violent civil rights demonstration within its jurisdiction.
ad) Lobbying. The Contractor assures and certified 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.
ii) 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.
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,
USC. Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000.00 and not more than $100,000.00 for each such failure.
10
21. 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, including the State CDBG Guidebook.-The Contractor may also be subject to monitoring and evaluation
by the U.S. Department of Housing and Urban Development.
22. 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 nor as waiver of a subsequent breach of the same term.
23. 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.
24. 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.
25. Non-Discrimination. The Contractor agrees to comply with the letter and the spirit of all applicable state
and federal laws and requirements with respect to discrimination and unfair employment practices.
28. Applicant Statement of Assurances and Certifications. The Contractor has previously signed an
"Applicant Statement of Assurances and Certifications"which is hereby incorporated and made a part of this Contract
by reference.
27. 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 to the State as provided herein in the event of such failure to perform or
comply by the Contractor or its subcontractors.
28. Order of Precedence. In the event of conflicts or inconsistencies between this contract and its exhibits or
attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order
of priority:
A. Colorado Special Provisions
B. Contract
C. The Scope of Services, Exhibit A
11
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12
SPECIAL PROVISIONS
SPECIAL CONDITIONS
CONTROLLER'S APPROVAL CRS 2430-202(1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such
assistant as he may designate.
2. FUND AVAILABILITY. CRS 2430.202(5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose
being appropnated,budgeted,and otherwise made available.
3. INDEMNIFICATION.
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.
4. INDEPENDENT CONTRACTOR 4 CCR 801-2
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE.
NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN
AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX
AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT
THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR
OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE.
CONTRACTOR SHALL HAVE NO AUTHORIZATION,EXPRESS OR IMPLIED,TO BIND THE STATE TO ANY AGREEMENTS,LIABILITY,OR
UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND YPPP IN FORCE WORKERS'
COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) 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.
5. NON-DISCRIMINATION.
The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting
discrimination and unfair employment practices.
6. CHOICE OF LAW.
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.
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.
7. VENDOR OFFSET. CRS 24-30.202(1)&CRS 24-30.202.4
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 airearages; (b)unpaid balance of tax,
accrued interest,or other charges specified in Article 21,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 winch is found to be owmg as a result of
final agency determination or reduced to judgment as certified by the controller.
8. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201&CRS 24-50-507
The signatories aver that to their knowledge,no employee of the State of Colorado has any personal or beneficial interest
whatsoever in the service or pity described herein.
Page 13 of 14 Pages
Revised:12/1/01
•
SPECIAL PROVISIONS
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR STATE OF COLA 0:
BILL OWENS,GO OR
Weld County Board of Commissioners By
W�County Executive Director,Bob Brooks
84-6000813 Department of Local Affairs
Social e
Security
Number or FEIN- ,_31,v 8 (:7 PRE-APPROv D FORM‘,
EvlEWER:
Signature of Authorised Officer - David Long By �j\\ �/
�1 l
Alice K Kotrlik
David,_t spig, Chair Pro-Tem (12/23/u2)
Prim Name&Title of Authorized Officer
CORPORATIONS: J�AllI �` E III/�```
(A corporate seal or attestation is rap' �J
'1861 ort
Attest(Seal)By . `k
(,A'agci`3:J:F.`f'7'1',k"�'/`T.'6,'�1`)4•T_.4'r q:l4 'tM',v�!`"?`
Deputy Clerk to thl1
�>•"fit/
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until
the State Controller,or such assistant as he may delegate,has signed it. The contractor is not authorized to
begin performance until the contract is signed and dated below. If performance begins prior to the date
below,the State of Colorado may not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER
Arthur L Barnhart
-6Y Marie Antes, 4
e_O146..5( rec_7_)Ppf rrt to >' severs
Date 12/23 Jn2
Page 14 of 14 Pages
Revised: 12/1/01
EXHIBIT A
SCOPE OF SERVICES
1. PROJECT DESCRIPTION.OBJECTIVES.AND REQUIREMENTS
a. General Provisions. This Project consists of providing Community Development Block Grant("CDBG") funds to the
Contractor to continue a Revolving Loan Fund ("RLF"),the purpose of which is to encourage economic diversification and
job creation and retention which addresses the CDBG program objective of benefit to very low-,low-,and moderate-income
persons in Larimer and Weld Counties,with the lead county designated as Weld. Eligible expenses include the funding oft).
loans for business assistance and ii).administrative expenses of the RLF,as further described below. The Project is subject
to the following provisions:
1. CDBG funds will be used exclusively to operate a revolving loan fund program through which assistance is
provided to private,for-profit businesses,and to not-for-profit businesses or agencies on a case-by-case basis,for job
creation and/or job retention activities which are appropriate to carry out an economic development project. This
assistance may include direct loans,loan guarantees or the provision of funds in exchange for shares in the business or
royalty payments. The rate of return for businesses which receive assistance generally shall not exceed Industry
standards unless it is appropriate. Business and technical assistance may also include business assistance offered
under a locally developed and state approved microenterprise lending program.
2. The Contractor shall leverage funds from private and/or public financial institutions and individuals or businesses
which receive CDBG assistance. Such funds shall comprise the majority of funds used to assist businesses.
Microenterpdse assistance may not require the same proportion of leverage as required by the established revolving
loan fund program. The Department of Local Affairs/Office of Economic Development and International Trade
recognizes that utilization of the microenterprise program may make the Contractor's leveraging goals unattainable. To
the extent that CDBG funds are utilized to provide assistance to microenterprises,Contractors leveraging requirements
shall be reduced on a pro-rata basis.
3. Greeley/Weld Economic Development Action Partnership, Inc. CEDAP'),as subgrantee of the Contractor,is a
qualifying nonprofit organization serving the development needs of Larimer and Weld Counties under Section
105(a)(15) of the Housing and Community Development Act of 1974. All revenues received by EDAP which result
directly from the CDBG-assisted activity,including but not limited to principal and interest payments,origination fees,
servicing charges, interest earned and proceeds from the sale of acquired assets shall be considered to be
miscellaneous income. All miscellaneous income shall be retained by the subgrantee and used to continue the
operation of the revolving loan fund unless an exception has been authorized in writing by the state,even if this Contract
has expired. Miscellaneous income loses its federal identity and is generally not required to meet federal and state
program requirements. In consideration of the state approving the Miscellaneous Income designation for such funds,
Contractor and subgrantee shall provide accurate, complete, and timely disclosure of the revolving loan fund's
performance results for each prior and current CDBG Economic Development RLF contract in accordance with
reporting requirements set forth in Section 8 of this Exhibit A.
4. Neither the Contractor nor assisted business(es)shall earn interest on advances of CDBG funds. Draw down of
funds shall be requested on an as-needed basis.
5. Funds will be provided to small businesses according to specific policies developed by the Contractor which define
the criteria and manner by which assistance will or will not be provided to applicant businesses. Project descriptions and
a financial analysis will be provided to the state for review and approval(in a format prescribed by the state)and to verify
that the Project is appropriate prior to processing requests for advances or reimbursements. Upon request from the
state and mutual agreement with Contractor,Contractor may act as the administrator for state funded projects located in
Contractors project area. Business and technical assistance provided under the locally approved microenterprise
program shall be submitted for state review and approval (in a format prescribed by the state).
Page 1 of 6 Pages
6. Interest rates charged to borrowers on the CDBG portion of loans shall be no greater than the prime interest
rate (New York Prime as published in the Wall Street Journal) at the time of loan commitment, excluding any
processing or service charge imposed on the borrower by the Contractor. Interest rates charged for microenterprise
loans shall conform to locally approved microenterprise program policies and procedures.
7. The Contractor shall encourage financial institutions participating in a CDBG-assisted project to charge the
assisted business a rate comparable to other business loans in the market area.
8. No CDBG funds shall be drawn down or expended by Contractor until the Contractor has negotiated
agreements with participating banks,agencies and investors which set forth the amounts and terms of each parts
participation in financing projects and which meets all applicable provisions as set forth in this Contract.
9. The Contractor may charge the business applying for and/or receiving a loan reasonable fees associated wth
processing loan applications. Application review fees may not exceed fifty dollars($50.00)and loan origination fees
may not exceed two percent(2%) of the approved loan amount. No other fees shall be charged to or collected
from the borrower by Contractor. Fees charged for the microenterprise program must conform to locally approved
microenterprise program policies and procedures.
10. The term of assistance provided to businesses with CDBG funds shall not exceed ten (10)years with state
approval, unless it is demonstrated that a longer term is necessary to leverage other public or private funds.
Providing assistance for a term of greater than ten years shall be done only after receiving prior approval from the
state on a case-by-case basis.
11. In the event that any business which received assistance through the revolving loan fund is sold,consolidated
or merged to an extent that controlling ownership changes prior to repayment of funds owed to the Contractor
through the agreement for CDBG assistance,Contractor shall provide that those funds shall then become due and
payable unless prior written approval to do otherwise is obtained from the Department of Local Affairs/Office of
Economic Development and International Trade.
12. Copies of contracts and agreements entered into by the Contractor In order to accomplish this Project
including agreements with subgrantees, agencies providing program administration services, the Job Training
Partnership Act vendor, the Job Service Center office and other CDBG grantees shall be submitted to the
Department of Local Affairs/Office of Economic Development and International Trade upon execution. Specific loan
documentation shall be reviewed during a monitoring visit conducted by the Department of Local Affairs/Office of
Economic Development and International Trade.
13. An advisory committee which is representative of public and private economic development organizations,
businesses and/or local governments in the area served by the Project shall review policies and criteria,and shall
directly or through an appointed subcommittee approve all requests for assistance and administrative costs.
14. The Contractor shall exhibit due diligence in pursuit of remedies should businesses not fulfill contractual
provisions under which the assistance was provided.
15. Contractor shall administer this contract in conformance with the state's Guidebook for Direct Economic
Development Projects and Revolving Loan Funds as distributed by the Department of Local Affairs/Office of
Economic Development and International Trade and as revised periodically.
16. Contractor and subgrantee,if any,agree to all terms and conditions of this Exhibit A.
b. Specific Provisions. The following specific provisions are made hereby a part of this Scope of Services:
1. Community Development Block Grant funds(CDBG) in the amount of Eiaht Hundred Fifty Thousand and
no/100 Dollars ($850.000.00) are provided under this Contract to finance Project costs. The Contractor is
responsible for all Project costs in excess of Eiaht Hundred Fifty Thousand and no/100 Dollars($850.000.001.
Page 2 of 6 Pages
2. Contractor shall be required to seek leveraged funds provided by participating banks and Investors,but
these leveraged funds shall not be considered matching funds subject to federal audit requirements. Unless
modification is authorized in writing by the Department of Local Affairs/Office of Economic Development and
International Trade, the Contractor will be responsible for ensuring that at least One Million Five Hundred
Sixteen Thousand Four Hundred and no/00 Dollars($1,516,400.00)from the participating banks,agencies,and
investors are committed to this Project during the term of this Contract. The Department of Local Affairs/Office
of Economic Development and International Trade recognizes that utilization of the microenterprise program
may make this leverage criteria unattainable. To the extent that CDBG funds are utilized to provide assistance
to microenterprises,Contractor's contract leveraging shall be reduced on a pro-rata basis.
In addition,Contractor and other sources(as described in Section 4.a.of this Exhibit A)shall inject a minimum
contribution of Twenty Thousand and no/00 Dollars($20,000.00)for the administration of the RLF.
3. Contractor agrees that funds provided as assistance to businesses shall be evidenced through legally
binding loan agreements that adhere to federal regulations and through standard loan documentation.
4. The Contractor commits that at least forty two and one half(42.5)full-time permanent jobs will be directly
created or retained through the provision of CDBG funds. At least fifty one percent(51%)of jobs created or
retained by each borrower must be filled by very low-,low-,and moderate-income persons. The Department of
Local Affairs/Office of Economic Development and International Trade recognizes that utilization of the
microenterprise program jy make this job creation criteria unattainable. To the extent that CDBG funds are
utilized to provide assistance to microenterprises, Contractor's job creation/retention commitment may be
reduced on a pro-rata basis.
5. CDBG funds (as described in Section 4.b. of this Exhibit A) may be used to finance "General
Administration" expenses,including but not limited to the costs of performing those general project activities
related to contract compliance,financial management,loan packaging and review,loan servicing and technical
assistance necessary for operation of the revolving loan fund program. However, drawdown of General
Administration funds is subject to the following requirements:
a. Each request shall be for the reimbursement of actual eligible expenditures and, If necessary,an
estimation of funds needed for a reasonable period of time. Contractor or subgrantee shall
maintain all receipts, records,time sheets and other required documentation in its files.
b. Contractor and subgrantee shall be in compliance with all CDBG program objectives, contractual
terms and reporting requirements.
c. Contractor and subgrantee shall ensure that administrative funds drawn do not exceed the lesser of
sixteen percent (16%) of the sum of [administrative funds drawn under this contract plus business
assistance funds drawn under this contract]or the amount allocated under Section 4 of this Exhibit A.
Compliance with this provision shall be determined on the expiration date of this contract.
6. The Contractor shall submit requests for approval of any equipment purchase over$500 to the
Department of Local Affairs/Office of Economic Development and International Trade for item(s)that shall be
paid out of CDBG administrative funds.
7. The maximum amount of miscellaneous income applied toward administrative operating costs shall not
exceed Twenty Thousand and no/00 Dollars($20,000.00)during the initial term of the contract.
8. This project is X,is not_,subject to Section 3 Requirements. If subject to Section 3,the Contractor
shall, to the greatest extent feasible, provide opportunities for training and employment that arise through
HUD-financed projects will be given to lower-income persons in the project area, and that contracts be
awarded to businesses located in the project area or to businesses owned in substantial part,by residents of
the project area. Reporting requirements are set forth in Paragraph 20 (t) within the main body of this
Contract
Page 3 of 8 Pages
2. NATIONAL OBJECTIVE
This Project will meet the National Objective of benefiting low-to moderate- income persons. Contractor shall
provide written evidence that projected number of jobs have been actually created or retained by each individual
project and collectively meet the requirement in provision 1.b.4.of this Exhibit A. Hiring requirements of very low-,
and low-,and moderate-income persons must be achieved per project as well. In the event there is any deviation
from job creation,retention or very low/low/moderate income hiring requirements,Contractor must submit written
documentation to substantiate the reasons for such deficiencies at or prior to project close out. If a deficiency exists,
a review by the Department of Local Affairs/Office of Economic Development and International Trade will be made
to determine the ability to close out this Contract.
3. 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 twenty four(24)months of the effective date
of this Contact. However,the Project time of performance may be extended by Contract Amendment. To inmate
this process,a written request shall be submitted to the State by the Contractor at least ninety(90)days priorto the
expiration of this Contract, and shall include a full justification for the extension request. In order to complete the
Contract in the above time period,one hundred percent(100%)of funds provided through this Contract shall have
been expended,unless the Department of Local Affairs/Office of Economic Development and International Trade
and Contractor mutually agree to de-obligate a portion of such funds.
4. BUDGET -
a. REVENUE
Community Development Block Grant Funds $850,000
Contractor/Other 20,000
Other Leveraged:Funds(a minimum of) 1,516.400
TOTAL $2,386,400
b. EXPENDITURES
Other Funds
Line Item Total State CDBG fa minimum of) Source
Assistance to Private $2,274,800 $758,200 $1,516,400 Banks, Investors,
Businesses(18A) Other Lenders, etc.
Administration (21A) 111,800 91,800 20,000 Contractor/Miscellaneous
Income/Revolved
Funds/Other
TOTAL $2,386,400 $850,000 $1,536,400
Funds from sources other than CDBG shall not be considered matching funds subject to federal audit requirements.
5. REMIT ADDRESS
915 10th Street
Greeley,Colorado 80631
Page 4 of 6 Pages
6. PAYMENT SCHEDULE
Payments shall be made In accordance with the provisions set forth in Paragraph 11 within the main body of this
Contract. Interim payments shall be paid upon written,approved requests submitted by the Contractor.
7. CONTRACT MONITORING
The Contractor and EDAP shall allow Contractor and CDBG program representatives to make on-site visits to verify
CDBG program information if reasonable notice has been provided by the Department of Local Affairs/Colorado
Office of Economic Development and International Trade.
The Department of Local Affairs/Colorado Office of Economic Development and International Trade shall monitor
this Contract at least once during the Contract period and as needed in accordance with the provisions set forth in
Paragraph 21 within the main body of this Contract.
8. REPORTING SCHEDULE
The Contractor shall provide quarterly financial and program reports to the state's Department of Local
Affairs/Office of Economic Development and International Trade in accordance with the provisions set forth in
Paragraph 18 within the main body of this Contract. The Contractor is required to continue reporting to the
Department of Local Affairs/Office of Economic Development and International Trade information on all persons
which first fill jobs created by assisted businesses until the number of jobs specified by provision 1.b.4.of this Exhibit
A have been created or retained,but in no event less than for a period of one(1)year from the effective date of the
project loan agreement,even if this Contract has been expired. In the event more jobs are actually created/retained
by assisted businesses as a result of CDBG funds than originally committed,Contractor shall ensure that at least
fifty one percent(51%)of all jobs created/retained(as a result of CDBG funds)are provided to very low-,low-,and
moderate-income persons.
The Contractor shall provide updated,Disclosure Reports as applicable to the Department of Local Affairs/Office of
Economic Development and International Trade.
The subgrantee shall complete and submit to the Office of Economic Development and International Trade,with
• acknowledgment signatures from the Lead County,an annual survey/report containing information on the RLF's
historical and current performance in various areas. Such annual survey/report shall be in a format prescribed by
the Office of Economic Development and International Trade. Such annual survey/report shall be submitted on or
before March 31st of each calendar year unless an alternative time frame has been provided in writing by the Office
of Economic Development and International Trade. The annual survey/report shall be required during the term of
this contract and shall continue to be required on an annual basis thereafter.
Within ninety (90) days after completion of the Project, the Contractor shall submit to the Department of Local
Affairs/Office of Economic Development and International Trade the Project Completion Report and Final Financial
Status Report as required in the Close-Out Section of the Guidebook for Direct Economic Development Projects
and Revolving Loan Funds,as revised periodically.
9. TRAINING
The Administrator for the Revolving Loan Fund will be required to attend all training seminars (including but not
limited to the quarterly revolving loan fund meetings) provided by the Department of Local Affairs/Office of
Economic Development and International Trade unless a mutual agreement(between the Department of Local
Affairs/Office of Economic Development and International Trade and the Administrator)has been reached prior to
the training seminar.
Page 5 of 6 Pages
10. CONTRACT REQUIREMENTS
The Contractor shall submit all documentation required by this Contract,as applicable,to the Department of Local
Affairs in care of the Office of Economic Development and International Trade except for the Audits required in
Paragraph 13 within the main body of this Contract. Audits shall be submitted directly to the Department of Local
Affairs.
Page 6 of 6 Pages
Exhibit B
Effective February 2002
MAXIMUM INCOMES FOR"LOW-INCOME"AND"MODERATE-INCOME"HOUSEHOLDS--in current(2001)dollars
(to be used only for CDBG projects funded under the 1988 and subsequent CDBG Program Guidelines)
"Low Income"is defined as being 50%of area median income. "Moderate Income"is defined as being 80%of area median income.
Persons whose current household incomes do not exceed these maximum income limits are considered to be low and moderate income(LMI)persons in the
CDBG program. CDBG grantees and applicants whose projects involve the individual selection and qualification of beneficiaries based on their current incomes
(as is the case in housing rehabilitation,job creation and other"direct benefit"projects)must use these income limits in determining whether beneficiaries are
LMI persons. CDBG grantees and applicants using Department-approved surveys to obtain information on the current incomes of project beneficiaries must use
these income limits to estimate the LMI benefit of project activities.
Household Size
COUNTY Type of Household 1 Person 2 Person 3 Person 4 Person 5 Person 6 Person ,7 Person 8 Person
ADAMS COUNTY Moderate Income 38100 43500 48950 54400 58750 63100 67450. 71800
Low Income 24450 27950 31450 34950 37750 40550 43350 46150
ALAMOSA COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
ARAPAHOE COUNTY Moderate Income 38100 43500 48950 54400 58750 63100 67450 71800
Low Income 24450 27950 31450 34950 37750 40550 43350 46150
ARCHULETA COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
BACA COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
BENT COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
BOULDER COUNTY Moderate Income 38100 43500 48950 54400 58750 63100 67450 71800
Low Income 30450 34800 39150 43500 47000 50450 53950 57400
CHAFFEE COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
CHEYENNE COUNTY Moderate Income 28100 32150 36150 40150 43350 46600 49800 53000.
Low Income 17550 20100 22600 25100 27100 29100 31100 33150
CLEAR CREEK COUNTY Moderate Income 34350 39250 44150 49050 52950 56900 60800 64750
Low Income 21450 24500 27600 30650 33100 35550 38000 40450
CONEJOS COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
NOTE: Economic Development Projects, administered by the Office of Economic Development and International Trade,
shall screen employees on the basis of family income according to these limits (instead of household income) .
1
COUNTY Type of Household 1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person
COSTILLA COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
CROWLEY COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
CUSTER COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 - 30350
DELTA COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
DENVER COUNTY Moderate Income 38100 43500 48950 54400 58750 63100 67450 71800
Low Income 24450 27950 31450 34950 37750 40550 43350 46150
DOLORES COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
DOUGLAS COUNTY Moderate Income 38100 43500 48950 54400 58750 63100 67450 71800
Low Income 24450 27950 31450 34950 37750 4055O 43350 46150
EAGLE COUNTY Moderate Income 38100 43500 48950 54400 58750 63100 67450 71800
Low Income 26200 29950 33700 37450 40450 43450 46450 49450
ELBERT COUNTY Moderate Income 38100 43500 48950 54400 58750 63100 67450 71800
Low Income 24700 28250 31750 35300 38100 40950 43750 46600
EL PASO COUNTY Moderate Income 31800 36350 40900 45450 49050 52700 56350 60000
Low Income 19900 22700 25550 28400 30650 32950 35200 37500
FREMONT COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
GARFIELD COUNTY Moderate Income 29600 33850 38100 42300 45700 49100 52500 55850
Low Income 18500 21150 23800 26450 28550 30700 32800 34900
GILPIN COUNTY Moderate Income 38100 43500 48950 54400 58750 63100 67450 71800
Low Income 28600 32700 36750 40850 44100 47400 50560 53900
GRAND COUNTY Moderate Income 30400 34750 - 39100 43450 46900 50400 53850 57350
Low Income 19000 21700 24450 27150 29300 31500 33650 35850
GUNNISON COUNTY Moderate Income 27100 31000 34850 38700 41800 44900 48000 51100
Low Income 16950 19350 . 21800 24200 26150 28050 30000 31950
HINSDALE COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 .26700 28500 30350
•
j
2
i
COUNTY Type of Household 1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person
HUERFANO COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
JACKSON COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
JEFFERSON COUNTY Moderate Income 38100 43500 48950 54400 58750 63100 67450 71800
Low Income 24450 27950 31450 34950 37750 40550 43350 46150
KIOWA COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
KIT CARSON COUNTY Moderate Income - 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
LAKE COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 ' 23000 24850 26700 28500 30350
LA PLATA COUNTY Moderate Income 29100 33300 37450 41600 44950 48250 51600 54900
Low Income 18200 20800 23400 26000 28100 30150 32250 34300
LARIMER COUNTY Moderate Income 34050 38900 43800 48650 52550 56400 60300 64200
Low Income 21300 24300 27350 30400 32850 35250 37700 40150
LAS ANIMAS COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
LINCOLN COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
LOGAN COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
MESA COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
MINERAL COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
MOFFAT COUNTY Moderate Income 26500 30250 34050 37850 40850 • 43900 46900 49950
.Low Income 16550 18900 21300 23650 25550 27450 29350 31200
MONTEZUMA COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
MONTROSE COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500. 30350
.l
3
I
COUNTY Type of Household I Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person
MORGAN COUNTY Moderate Income 26250 30000 33750 37500 40500 43500 46500 49550
Low Income 16400 18750 21100 23450 25350 27200 29100 30950
OTERO COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
OURAY COUNTY Moderate Income 27650" 31650 35550 39500 42700 45850 49000 52150
Low Income 17300 19750 22250 24700 26700 28650 30650 32600
PARK COUNTY Moderate Income 29850 34100 38400 42650 46050 49450 52850 56300
Low Income 18650 21300 24000 26650 28800 30900 33050 35200
PHILLIPS COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
PITKIN COUNTY Moderate Income 38100 43500 48950 54400 58750 63100 67450 71800
Low Income 30750 35100 39500 43900 47400 50900 54450 57950
PROWERS COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
PUEBLO COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 .48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
RIO BLANCO COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
RIO GRANDE COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
ROUTT COUNTY Moderate Income 34450 39350 44300 49200 53150 57050 61000 64950
Low Income 21550 24600 27700 30750 33200 35650 38150 40600
SAGUACITE COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
SAN JUAN COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income - .16100 18400 20700 23000 24850 26700 28500 30350
SAN MIGUEL COUNTY Moderate Income 38300 43800 49250 54700 59100 63450 67850 72250
Low Income 23950 27350 30800 34200 36950 39650 42400 45150
SEDGWICK COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350
SUMMIT COUNTY Moderate Income 38100 43500 48950 54400 58750 63100 67450 71800
Low Income 25450 29100 32700 36350 39250 42150 45050 48000
I
TELLER COUNTY Moderate Income 37450 42800 48150 53500 57800 62100 66350 70650
Low Income 23400 26750 30100 33450 36150 38800 41500 44150
WASHINGTON COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 28500 30350 ,
WELD COUNTY Moderate Income 26800 30650 34500 38300 41400 44450 47500 50600
Low Income 16750 1915O 21550 23950 25850 27800 29700 31600
YUMA COUNTY Moderate Income 25750 29450 33100 36800 39750 42700 45650 48550
Low Income 16100 18400 20700 23000 24850 26700 . 28500 30350
4
EXHIBIT Cl
Contract Routing e
Encumbrance a
Vendor I
(for Remit Address)
APPR GBL
CFDAff 14.228
Unilateral
Amendment# of(Tvve of Contract—Grant/Loan/Grant-Loan'
Between Colorado Department of Local Affairs and (Grantee Name and Address)
State Executed Contract Modifications
A. Modifications to Contract Boilerplate
Responsible Administrator. Delete old Administrator's name and insert in lieu thereof new"Responsible
Administrator".
B. Modifications to Exhibit A, Scope of Service.
Time of Performance: "Time of Performance is modified by deleting "Date' and inserting in lieu thereof"
ate ".
Remit Address: Delete current"Remit Address"and in insert in lieu thereof new"Remit Address".
Payment Schedule: Delete current°Payment Schedule"and insert in lieu thereof new"Payment Schedule".
All of the terms and conditions of the Original Contract remain unchanged except for those terms and conditions
modified by this Amendment# and all previous amendments. Both parties also expressly understand
that this Amendment# is incorporated into the Original Contract.
Department of Local Affairs
(Pre-approved Form Contract Reviewer Bob Brooks, Executive Director
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State
Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance
until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may
not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
Arthur L. Barnhart
By
Rose Marie Auten, Controller
Department of Local Affairs
Date:
Page 1 of 1
EXHIBIT C2
Contract Routing It
Encumbrance
Vendors
(tor Remit Address)
APPR GEL -
CFDA# 14.228
Bilateral
Amendment# of(Type of Contract—Grant/Loan/Grant-Loan).
between Colorado Department of Local Affairs and (Grantee Name and Address).
State and Contractor Executed Modifications
A. Modifications to Contract Boilerplate
Compensation and Method of Payment:
"Compensation and Method of Payment'in the Original Contract is modified by deleting" Amount •and inserting
in lieu there of" Amount ".
Responsible Administrator: Delete old Administrator's name and insert in lieu thereof new"Responsible
Administrator.
Compliance with Applicable Laws: Paragraph#21, "Compliance with Applicable Laws" In the Original Contract
is modified as follows: Include existing language"is revised to read"and the revised language.
B. Modifications to Exhibit A,Scope of Services. -
Project Description, Objectives and Requirements: "Project Description, Objectives, and Requirements,
Subsection A.'is modified as follows: Include existing language "is revised to read" and the revised language.
National Objective: "National Objective°is modified by deleting current National Objective and inserting new
National Objective.
Time of Performance: "Time of Performance"is modified by deleting current Date and inserting new Date .
Budget: 'Budget" is modified by deleting the current Budget and inserting new Budget.
Remit Address: 'Remit Address' is modified by deleting the current Remit Address and inserting new Remit
Address.
Payment Schedule: "Payment Schedule"is modified by deleting current Payment Schedule and inserting new
Payment Schedule.
Contract Monitoring: "Contract Monitoring"is modified by deleting current Contract Monitoring and inserting
new Contract Monitoring.
Reporting Schedule: "Reporting Schedule is modified by deleting current Reporting Schedule and inserting new
Reporting Schedule.
All of the terms and conditions of the Original Contract remain unchanged except for those terms and conditions
modified by this Amendment# and all previous amendments. Both parties also expressly understand that
this Amendment# is incorporated into the Original Contract.
Page 1 of 2
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BILL OWENS,GOVERNOR
By
Legal Name of Contracting Entity Bob Brooks, Executive Director
Department of Local Affairs
Social Security Number or FEIN
Signature of Authorized Officer PRE-APPROVED FORM CONTRACT REVIEWER:
Print Name&Title of Authorized Officer
CORPORATIONS:
(A corporate seal or attestation is required.)
Attest(Seal) By
(Corporate Secretary or Equivalent,or Town/City/County Clerk)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 2440-202 requires that the State Controller approve all state contracts. This contract is not valid until
the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to
begin performance until the contract is signed and dated below. If performance begins prior to the date
below,the State of Colorado may not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
Arthur L. Barnhart
By
Rose Marie Auten, Controller
Department of Local Affairs
Date
Page 2 of 2
STATE OF COLORADO
9
cg.so OFFICE OF ECONOMIC DEVELOPMENT AND INTERNATIONAL TRADE
N� 1625 Broadway, Suite 1700
Denver,CO 80202
" • 303-892-3840
876" '
303-892-3848 Fax
Bill Owens
Governor December 17, 2002
F.Robert Lee -
Director
Business Assistance
Center The Honorable Glenn Vaad
Small Business Chairman
Development Centers Weld County Commissioners
Minority Business Office 915 10th Street
Women's Business Office Greeley, Colorado 80631
Business Development Re: Weld County Revolving Loan Fund Community Development Block Grant
Recruitment&Retention
(CDBG) Contract #02-082
Colorado First&Existing
Industries Job Training
Dear Chairman Vaad:
Community Development
Block Grant
I am pleased to inform you that the Governor's Financial Review Committee ("FRC")
Economic Development has approved a Community Development Block Grant Contract in the amount of
Commission
$850,000 for economic development assistance to the Counties of Larimer and Weld,
Enterprise Zones with Weld designated as the lead county. This Contract provides the resources for
Motion Picture& the Weld County Revolving Loan Fund ("RLF") d.b.a. Greeley/Weld Economic
Television Commission Development Action Partnership, Inc. ("EDAP") to make loans available to eligible
Colorado Tourism Office businesses in the non-Entitlement areas of the two county region and to thereby
create and retain jobs for low- to moderate- income individuals. All miscellaneous
income from this Contract shall be retained by the RLF for its continuing operations.
Three (3) originals of the Contract are enclosed for your review. If the Contract
meets with your approval, please sign all three and have each attested by the County
Clerk or the person equivalent to that position. Please return all three Contracts with
original signatures to me so that the Contracts may be forwarded to DOLA for
processing. Please do not date the Contracts.
No expenses incurred before the Contract is fully executed by all parties will be
reimbursed by the state. The release of funds process involves a thorough review of
the project's possible environmental impacts and compliance with other federal
regulations.
Please call me at (303) 892-3824 if you have any questions or concerns. We look
forward to working with you and EDAP to continue economic development in your
region and to successful completion of this Contract.
The Honorable Glenn Vaad
December 17, 2002
Page 2 -
Sincerely,
Ken Gabriel
Manager, CDBG-RLF Program
cc: Senator Steve Johnson
Senator Dave Owen
Senator Peggy Reeves
Representative Tim Fritz
Representative Dale Hall
Representative Kevin Lundberg
Representative Bob McCluskey
Representative Angie Paccione
Representative Tambor Williams
Ron Klaphake, EDAP
Jean Daviet, EDAP (with enclosure)
File
HAFInanceucoRW eawwardcontract.Lf.12.02.doc
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