HomeMy WebLinkAbout840621.tiff RESOLUTION
RE: APPROVAL OF HOUSING PROJECT CONTRACT BETWEEN STATE DEPART-
MENT OF LOCAL AFFAIRS, DIVISION OF HOUSING AND WELD COUNTY,
COLORADO CONCERNING EAST EATON, COLORADO AND AUTHORIZATION
FOR CHAIRMAN 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 , Weld County, Colorado did submit, to the State
Department of Local Affairs, Division of Housing, an applica-
tion for a State Housing Grant concerning East Eaton, Colorado,
and
WHEREAS, pursuant to 24-32-705 , CRS 1973 , as amended,
the State has the authority to provide funds to public and pri-
vate non-profit entities to induce at least equal non-State
investments for the construction, rehabilitation and acquisition
of housing for low-income families and persons, and
WHEREAS , the State Department of Local Affairs has determined
that Weld County is an eligible political subdivision and shall
receive funds to aid in the provision of adequate housing and
facilities in East Eaton, Colorado, and
WHEREAS, the State Department of Local Affairs has submitted
a Housing Project Contract to the Board of County Commissioners
for its approval, said Contract to be duly executed by the Chair-
man of the Board, a copy of said Contract being attached hereto
and incorporated herein by reference, and
WHEREAS, after review, the Board deems it advisable and in
the best interests of the citizens of Weld County to approve said
Contract.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the Housing Project Con-
tract between the State Department of Local Affairs, Division of
Housing, and Weld County, Colorado concerning East Eaton, Colo-
rado be, and hereby is, approved.
/7/9e0 / u4o�`i
Page 2
RE: HOUSING PROJECT CONTRACT - EAST EATON, COLORADO
BE IT FURTHER RESOLVED by the Board that the Chairman be,
and hereby is, authorized to sign said Housing Project Contract.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 4th day of
January, A.D. , 1984 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: h • /7 WELD COUNTY, COLORADO
V n „
Weld County Clerk and Recorder &its--
and Clerk to the \
Board Norman Carlson, Chairman
By )1 -vv ,,,, C-\ .l1P' Q�t�1 ' . vv �. V\M -
-Deputy County Clerk a' quel e John.o , Pro-Tem
L�
APPROVED AS TO FORM:
Gene R. Brantner
County Attorney Chuck Carlson
Wel-rei-r) ;. a4T. Martin, Pro-Tem
DAY FILE: January 9 , 1984
I yam n-1C DLV 1O11' I MIE\TtIR AGENtS •l.xlR1'.R
32 00 00
ON I R.ACT R(a IINh.Nt VRIR
HOUSING PROJECT
CONTRACT
THIS CONTRACT, made this day of 19 _ by and between the
State of Colorado for the use and benefit of the Department of .' Local Affairs, Division of Housing
hereinafter referred to as the State. and .2 County of Weld
whose address is P. 0. Box A, Greeley, Coloxacio 810632
hereinafter referred to as the contractor,
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VsHERE-\S. 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 1001
GjL Account Number 55157 , Contract Encumbrance Number . and
WHEREAS. required approval, clearance and coordination has been accomplished from and with appropriate
agencies: and
WHEREAS, in accordance with 24-32-705 C.R.S. 1973, as amended, State is
empowered toprovide funds to public and private non-profit entities to induce
at least equal non-State investments for the construction, rehabilitation and
acquisition of housing for low-income families and persons ; and
WHEREAS, Contractor has as one of its intended purposes to provide
adequate housing and facilities incidental thereto for low-income families and
persons; and
WHEREAS , physical conditions exist in houses in East Eaton, Colorado,
which pose dangers to the health, welfare and safety of law-income
homeowner-occupants; and
WHEREAS , Contractor has adopted a program to provide adequate housing and
facilities incidental thereto for low-income homeowner-occupants and has
committed Two Hundred Forty-eight Thousand Dollars (5248,000.00) from U. S .
Department of Housing and Urban Development (HUD) Community Development Block
Grant (CDEG) funds; and
`h'HEREAS, State deems it worthwhile to provide State funds to Contractor
for said housing program;
Noll THEREFORE, it is hereby agreed that
I. In consideration for the funds to be received from the State,
Contractor shall implement a program for the rehabilitation of housing for
low-income homeowner-occupants;
2. State shall pay to Contractor a total amount not to exceed Sixty
Thousand Dollars ($60,000.00) . Payment schedule shall be as follows: Two
disbursements. First disbursement will be for Fifty-four Thousand Dollars
($54,000.00) . The final disbursement will be for Six Thousand Dollars
($6,000.00) . The first payment shall be made upon execution of this
contract . The succeeding payment/s shall be made upon request of Contractor
and upon determination by the State that all funds received by the Contractor
pursuant to this contract have been expended or committed in full compliance
with the terms of this contract. If , through any cause, the Contractor fails
to fulfill in a timely and proper manner its obligations under this contract ,
or if the Contractor violates any of the covenants, agreements or stipulations
of this contract, the State shall have the right to terminate this contract as
provided for under Provision Sixteen (16) hereinafter, and to recover any
uncommitted and ineffectively or improperly used funds ;
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395-570H014 Page I of 5 pages
iSee instructions on reverse or last page.)
3. The proposed total funding for said program to provide adequate
housing for low-income homeowner-occupants is about Three Hundred Eight
Thousand Dollars ($308,000.00) , of which State share is Sixty Thousand Dollars
($60,000.00) , and Contractor non-State matching share is about Two Hundred
Forty-eight Thousand Dollars ( $248,000.00) from U. S. Department of Housing and
Urban Development (HUD) Community Development Block Grant (CDBG) funds. In no
event shall Contractor non-State matching share be less than State share;
4. State funds and Contractor non-State matching -.funds shall be used
for the rehabilitation of housing units for low-income homeowner-occupants who
meet the income eligibility requirements of the U. S. Department of Housing and
Urban Development's (HUD) Section 8 Housing Assistance Pa`-nentC' Program. Other
public and private housing loan and grant funds, including federal and State
energy conservation and weatherization funds, shall be utilized, when feasible,
to complement and supplement said State funds and Contractor non-State matching
funds. In any case in which State funds are used to rehabilitate a low-income
housing unit, the aggregate amount of funds provided from all sources to said
low-income unit shall not exceed Ten Thousand Dollars ($10,000.00) unless
otherwise authorized by State;
5. State share shall be its maximum liability, and Contractor shall
pay the entire amount of any costs in excess of said proposed total funding;
6. No part of said State share shall be used for program planning,
development or administration;
7. State, other appropriate government agency, or any person
designated by such agency, shall have the right to inspect said housing
rehabilitation, provided that such inspection is conducted at a reasonable time
and in a reasonable manner;
8. State, other appropriate government agency, or any person
designated by such agency, shall have the right to audit said program account,
provided that such audit is conducted at a reasonable time and in a reasonable
manner;
9. Contractor shall cause said housing rehabilitation to be performed
in a good and workmanlike manner and in conformity with appropriate federal,
State and local requirements;
10. In the event that State funds provided to or for the benefit of a
low-income homeowner-occupant exceed Two Thousand Dollars ($2,000.00) ,
Contractor agrees to require owners of the rehabilitated housing to bind
themselves by contract to refund to Contractor any amount derived from State
funds in the event said owners dispose of or cease to occupy the property to
which State funds have been applied. Unless otherwise authorized by State,
such contract shall provide for scheduled, equal, annual decreases in the
amount which the owner shall be required to refund, and such contract shall
remain in effect for at least five (5) years after completion of rehabilitation
of existing housing. Contractor shall record a copy of said contract with the •
Clerk and Recorder of the County wherein the real property is located as an
encumbrance and lien on the real -property, and shall use all State funds repaid
by the owner pursuant to said contract for the same purposes for which provided
by this contract. In the event Contractor ceases to administer said program,
all State funds repaid by owners pursuant to said contract shall be returned to
State;
11. All rehabilitation work undertaken with State funds shall be
competitively bid unless otherwise authorized by State;
Page 2 of 5 pages
12. Contractor shall provide a status report at least every thirty (30)
days, or as required, showing program work accomplished and State and non-State
funds expended and remaining;
13. Contractor shall expend or encumber said State share and at least
an equal amount of said Contractor non-State matching share by January 31,
1984. Any unencumbered State funds remaining in the program account on said
date shall be returned to State;
14. Contractor shall deposit State funds in ,as sa;oara,te, federally
insured account. All interest earned on State funds so ' posrted'-shall be used
by Contractor for the same purposes for which State fuf. d dr provided by this
contract . In the event Contractor is not able to implement or administer said
program, unencumbered State funds and all interest earned on State funds shall
be returned to State;
15. All benefits, obligations and rights either granted or reserved
herein to either party, its representative or designee, shall terminate January
31, 1989, unless extended by consent of both parties;
16. The State may, by giving fifteen (15) days notice, terminate this
contract, in whole or in part, for cause which shall include, but is not
limited to: 1) failure of Contractor to fulfill in a timely and proper manner
its obligations under this contract, including compliance with approved State
conditions and statutes; 2) ineffective or improper use of funds provided under
this contract. The Contractor shall not be relieved of liability to the State
for any damages sustained by the State by virtue of any breach of the contract
by the Contractor, and the State may withhold any payments to the Contractor
for the purpose of set-off until such time as the exact amount of damages due
the State from the Contractor is determined;
17. Contractor shall submit to the State description of work and change
orders on all rehabilitation work undertaken with State funds for review and
approval prior to the awarding of the rehabilitation contract.
Page 3 of 5 pages
Form o-AC-IL's SPE.CIAI, PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not he deemed valid until it shall have been approved by the Controller of the State of Colorado or such
assistant as he may designate. This provision is applicable to any contract involving the payment of mono by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable alter the current fiscal year are contingent upon hinds lift that purpose being appropriated.
budgeted and otherwise nude available.
BOND REQUIREMENT
3. If this contract involves the payment of inure than lilts thousand dollars for the constructiow. erection. repair. maintenance.
or improvement of any building, road, bridge. viaduct, tunnel, excavation or other public work this 9";:te. to contractor shall.
before entering upon the performance of any such work included in this contract,duly execute any _,liver f'and tile with the official
whose signature appears below tier the State, a good and sufficient bond or other acceptable st`.-.v to h, :approved by said official
in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed
by a qualified corporate surety, conditioned for the due and faithful performance of the contract, and in addition. shall provide that
if the contractor or his subcontractors fail to duly pay for any labor, materials. team hire, sustenance. provisions. provendor or other
supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to he done. the surety will
pay the same in an amount not exceeding the sum specified in the bond. together with interest at the rate of eight per cent per annum.
Unless such bond. when so required, is executed, delivered and tiled, no claim in favor of the contractor arising under this contract
shall he audited- allowed or paid. A certified or cashier's check or a hank money order made payable to the Treasurer of the State
of Colorado may be accepted in leiu of a bond.
MINIMUM WAGE
4. Except as otherwise provided by law, if this contract provides for the payment of more than fire thousand
dollars and requires or involves the employment of laborers or mechanics in the construction. alteration or repair 1)1
any building or other public work. (except highways, highway bridges, underpasses and highway structures of all
kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the
contractor or any subcontractor on the building or public work covered by this contract shall he not less than the
prevailing rate of wages for work of a similar nature in the city, town,village or other civil subdivision of the State in
which the building or other public work is located. Disputes respecting prevailing rates will he resolved as provided in
8-16-101. CRS 1973, as amended.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended
and other applicable law respecting discrimination and unfair employment practices 124-34-102. CRS 1979 supplement I. and as
required by Executive Order, Equal Opportunity and Affirmative Action,dated April 16. 1975.Pursuant thereto.the lollowine provi-
sions shall he contained in all State contracts or Nub-crontracts.
During the performance of this contract. the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of
race. creed. color, national origin, sex, marital status. religion, ancestry, mental or physical handicap. or age.
The contractor will take affirmative action to insure that applicants are employed, and that employees are
treated during employment, without regard to the above mentioned characteristics. Such action shall include,
but not he limited to the following: employment. upgrading- demotion. or transfer- recruitment or
recruitment advertisings;lay-offs or terminations:rates of pay or other forms of compensation:and selection
for training. including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting forth
provisions of this non-discrimination clause.
12_) The contractor will. in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race. creed, color, national origin, sex, marital status- religion, ancestry, mental or physical handicap, or age.
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(3) The contractor will send to each labor union or representative of workers with which he has collective
bargaining agreement or other contract or understanding, notice to be provided by the contracting officer.
advising the labor union or workers' representative of the contractor's committment under the Executive
Order. Equal Opportunity and Affirmative Action, dated April 16. 1975, and of the rules, regulations, and
relevant Orders of the Governor.
(4) The contractor and labor onions will furnish all information and reports required by Executive Order,
Equal Opportunity and Affirmative Action of April 16, 1975.and by the rules, regulations and Orders of the
Governor, or pursuant thereto. and will permit access to his books- records, and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance
with such rules,regulations and orders.
(5) .4 labor organization will not exclude any individual otherwise qualified from full membership rights in
such labor organization, or expel any such individual from membership in such labor organization or
discriminate against any of its members in the full enjoyment of work opportunity, because of race.creed.
color, sex, national origin,or ancestry.
(6) A labor organization. or the employees or members thereof will not aid,abet, incite,compel or coerce
the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person front
complying with the provisions of this contract or any order issued thereunder;or attempt,either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
395-53.01-1022 page 4 of 5 pages
Form 6-AC-02C
(7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or
with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in
whole or in part and the contractor may be declared ineligible for further State contracts in accordance with
procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and
the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be
imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative
Action of April 16, 1975. or by rules, regulations, or orders promulgated in accordance therewith, or as
otherwise provided by law.
(8) The contractor will include the provisions of paragraphs (I) through (8) in every sub-contract and
sub-contractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive
Order, Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions will be binding
upon each sub-contractor or vendor. The contractor will take such action with respect:to any sub-contracting
or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including
sanctions for non-compliance; provided, however, that in the event the contractor b,;comes involved in. or is
threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting
agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest
of the State of Colorado.
COLORADO LABOR PREFERENCE
6. Provisions of 8-17-101. & 102. CRS 1973 for preference of Colorado labor are applicable to this contract if
public works within the State are undertaken hereunder and are financed in whole or in part by State funds.
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in
the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not
incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is
otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in
any provision incorporated herein by reference which purports to negate this or any other special provision in
whole or in part shall he valid or enforceable or available in any action at law whether by way of complaint.
defense or otherwise, Any provision rendered null and void by the operation of this provision will not invalidate
the remainder of this contract to the extent that the contract is capable of execution.
8. The signatories hereto aver that they are familiar with I8-8-301, et seq.- (Bribery and Corrupt Influences)
and 18-8-401. et seq., (Abuse of Public Office), C.R.S. 1973, as amended. and that no violation of such provisions is
present.
9. The signatories aver that to their knowledge. no state employee has any personal or beneficial interest
whatsoever in the service or property described herein.
IN WITNESS WHEREOF. the parties hereto have executed this Agreement on the day first above written.
STATE OF COLOR ADO
COUNTY OF WELD RICI)ARI) I). LAM\1, GOVERNOR
By
Contractor .. _. ' .;[XECI TIVI DIRECTOR.
DEPARTMENT
Position Chairman OF ______—_.LOCAL AFFAIRS
Social Security Soother
or
Felon] I.D. Number
APPROVALS
ATTORNEY GENERAL CONTROLLER
By By
vtatte-
ATTEST: t^ }r wtn (Prt 9na &w✓ •
WELD.COUNTY CLERK AND-RECORDER
AND CLERK TO THE BOARD\
BY- �, s __, , I
4Y.:l'I�:.t1.�.ii.-.�.��..- , lea
/
�__ puty County Clerk ��
396-63-01-1030 Page 5 which is the last of 5 pages State Housing Board
*See instructions on reverse side. Approved 12/2/83
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STATE OF COLORADO
Department of Local Affairs
p ��oF:: .
DIVISION OF HOUSING L^63 DEC a u ' �`+� j *
John T. Maldonado, Director + 4;
!87G,•
Richard D.Lamm,
Governor
December 16, 1983
Mr. Jim Sheehan
Executive Director
Weld County Housing Authority
P. 0. Box A
Greeley, Colorado 80632
Dear Jim:
Enclosed are four (4) copies of the contract prepared as the result of
your recent grant award.
Please ensure that each copy is individually signed by the appropriate
person and all copies are returned as soon as possible to expedite
processing. After the contract is executed by the State, one fully executed
contract will be returned to you.
If you should have any questions or if I can be of assistance, please
call me at 866-2033.
Sincerely,
ona Elizalde
Administrative Officer
RE/kw
enclosures
1313 Sherman Street, 415 Centennial Building, Denver, Colorado 80203 (303) 866-2033
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