HomeMy WebLinkAbout840622.tiff RESOLUTION
RE: APPROVAL OF AMENDMENT TO HOUSING PROJECT CONTRACT BETWEEN
STATE DEPARTMENT 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 , the Board of County Commissioners , did on the 4th
day of January, 1984 , approve a Housing Project Contract between
the State Department of Local Affairs , Division of Housing, and
Weld County, Colorado, concerning East Eaton, Colorado, and
WHEREAS , the Board has now been presented an Amendment to
said Housing Project Contract which will extend the date of
completion of program activities until May 31 , 1985 , and
WHEREAS , after review, the Board deems it advisable to
approve said amendment, a copy being attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Amendment to the
Housing Project Contract between the State Department of Local
Affairs, Division of Housing, and Weld County, Colorado,
concerning East Eaton, Colorado, be, and hereby is , approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said amendment.
fl4u622
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 31st day of
December, A.D. , 1984 .
; BOARD OF COUNTY COMMISSIONERS
ATTEST:
Cou OLORADO
\111r-01 Oka RecorderW�ELD COUP^NTY, Ce
Weld
and Clerk to the Board Norman Carlson, Chairman
BY: , J .0 iine J• n.on, Pro-Tem
Deputy unty rk / (L
IgilieS-
APPROVED AS TO FORM: Ge R. Bra t
CCCCCC �-..�_—
�.__„ >(�le c Carlson
County Attorney z i. 12214 L,
n T. Martin
Fu,m b-AC•02A DEPA IE. 1R AGENCY NUMBER
CONTRACT ROUTING NUMBER AMENDED TO
HOUSING DEVELOPMENT
CONTRACT
THIS CONTRACT, made this day of 197_, by and between the
State of Colorado for the use and benefit of the Department of '' Local Affairs
he ema er refe e to a the State, and '2 County of Weld, whose address is P,O. Box A.
Greeley, Colorado
hereinafter referred to as the contractor,
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a suffi.icnt unencumbered balance thereof remains available for payment in Fund Number
GIL Account Number , Contract Encumbrance Number and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies', and
WHEREAS, the parties have heretofore entered into a contract dated
January 16, 1984, with Contract Routing Number 84-275 and Contract Encumbrance
Number C853338 hereinafter referred to as the original contract, for the
expenditures of a State Housing Development Grant in the amount of Sixty
Thousand Dollars ($60,000) for the rehabilitation of low-income owner-occupied
housing in East Eaton, Colorado; and
WHEREAS, Project Coordinator administrating Weld County' s housing
rehabilitation program resigned his position and the hiring of his replacement
took longer than anticipated, thereby delaying the timely completion of
rehabilitation activities; and
WHEREAS, Contractor has unexpended State funds and no additional cost
will accrue to the State as a result of this amendment; and
WHEREAS, State deems it worthwhile to extend the date of completion
of program activities until May 31 , 1985;
NOW THEREFORE, it is hereby agreed that the original contract be
amended to read as follows:
1 . Paragraph 13, Page 5 be amended to read:
Contractor shall expend or encumber said State share and at
least an equal amount of said Contractor non-State matching
share by May 31 , 1985. Any unencumbered State funds remaining
in program account on said date shall be returned to State:
2. Paragraph 15, Page 5 be amended to read:
All benefits, obligations and rights either granted or reserved
herein to either party, its representatives or designee, shall
terminate May 31 , 1990, unless extended by consent of both
parties;
3. All other terms, provisions and conditions of the original
contract shall remain in- full force and effect.
395530--1014 Page I of__I pages
'ISee instructions on reverse of last page-)
Form 6-AC-02E1 SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such
assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal year arc contingent upon finds for that purpose being appropriated.
budgeted and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction.erection.repair,main-
tenance.or improvement of any building. road, bridge, viaduct,tunnel.excavation or other public works for this State. the
contractor shall.before entering the performance of any such work included in this contract,duly execute and deliver to and
file with the official whose signature appears below for the State.a good and sufficient bond or other acceptable surety to he
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 perfor-
mance of the work contracted to be done. the surety will pay the same in an amount not exceeding the sum specified in the
bond, together with interest at the rate of eight per cent per annum. Unless such bond. when so required. is executed.
delivered-and filed,no claim in favor of the contractor arising under this contract shall he audited.allowed or paid.A certified
or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond.
This provision is in compliance with _8-26106 CRS. as amended.
MINIMUM WAGE
4. Except as otherwise provided by law,if this contract is in excess of one hundred fifty thousand dollars and requires
or involves the employment of laborers or mechanics in the construction. alteration or repair of any building or other public
works (except highways. highway bridges. underpasses and highway structures of all kinds or contracts for any purpose to
which the state department of highways or the chief engineer is a party)within the geographical limits of the State,the rate of
wages for all laborers and mechanics employed by the contractor or any subcontractor on the building or other public works
covered under the contract shall not be less than the prevailing rate of wages for work of a similar nature in the county.city
and county.or municipality of the State in which the building or other public works is located. The prevailing rate of wages
and the resolution of any disputes resulting therefrom shall he as prescribed by 8-16-101 CRS. as amended.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957. as
amended, and other applicable law respecting discrimination and unfair employment practices (24-34-402- CRS 1982
Replacement Vol.), and as required by Executive Order, Equal Opportunity and Affirmative Action.dated April 16. 1975.
Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts.
During the performance of this contract. the contractor agrees as follows:
f I) The contractor will not discriminate against any employee or applicant for employment because of
race, creed, color. national origin, sex, marital status. religion. ancestry, mental or physical handicap, or age.
The contractor will take affirmative action to insure that applicants are employed, and that employees are
treated during employment, without regard to the above mentioned characteristics. Such action shall include,
but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or
recruitment advertisings: lay-offs or terminations;rates of pay or other forms of compensation;and selection
for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting forth
provisions of this non-discrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap. or age.
(3) The contractor will send to each labor union or representative of workers with which he has collective
bargaining agreement or other contract or understanding, notice to be provided by the contracting officer,
advising the labor union or workers' representative of the contractor's committment under the Executive
Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and
relevant Orders of the Governor.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order,
Equal Opportunity and Affirmative Action of April 16. 1975, and by the rules, regulations and Orders of the
Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance
with such rules. regulations and orders.
(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in
such labor organization, or expel any such individual from membership in such labor organization or
discriminate against any of its members in the full enjoyment of work opportunity, because of race, creed,
color, sex, national origin, or ancestry.
(6) A labor organization. or the employees or members thereof will not aid, abet, incite,compel or coerce
the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from
complying with the provisions of this contract or any order issued thereunder:or attempt,either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
395-53-01-1022 page 2 of 3 pages
f.
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 paragraph (1) through (8) in every sub-contract and sub-
contractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order,
Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions will be binding upon each sub-
contractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase order as
the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non-
compliance;provided,however,that in the event the contractor becomes involved in,or is threatened with,litiga-
tion 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 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 interpreta-
tion, execution and enforcement of this contract. Any provision of this contract whether or not incorporated herein by
reference which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws,
rules and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by reference
which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any
action at law whether by way of complaint,defense or otherwise.Any provision rendered null and void by the operation of
this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution.
8. The signatories hereto aver that they are familiar with 18-8-301,et.seq..(Bribery and Corrupt Influences)and 18-8-
401, et. seq., (Abuse of Public Office), CRS 1978 Replacement Vol., 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 Contract on the day first above written.
STATE OF COLORADO
RICHARD D. LAMM, GOVERNOR
(Full Legal Name County of Weld By
95 EXECUTIVE DIRECTOR.
Contractor By:
DEPARTMENT
Position (Title) Chairperson OF
I •
Social Security Number or Federal ID. Number
(If Corporation:)
Attest: (Seal)
By
Secretary APPROVALS
ATTORNEY GENERAL CONTROLLER
By Bft4yBy
P T 1 lLl(.eqx y� � _ lr�J
WELT) Ci_l I U• ) _'_R
' 2/ State Housing Board
� Approved 12-2-84
CY. �/L Amended 12-3-84
Dz uty Cc nec Clef
39133-01-1030(Rev S/84) Page—_3 which is the last of . 3 pages
*See instructions on reverse side.
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PUBLIC NOTICE ,I
AND UI MAR 2 0 1984 I�
NOTICE OF PUBLIC HEARING
The Colorado Department of Local Affairs will administer the "Small Cities" or
Non-Entitlement Community Development Block Grant (CDBG) program in federal
Fiscal Year 1984. The following is summary information on the program and on
the Department's revised proposed statement (plan) of program objectives and
funds distribution method:
OBJECTIVES: Benefit persons of low/moderate income; prevent or eliminate
slums or blight; address other urgent needs.
ELIGIBLE APPLICANTS: Non-entitlement municipalities and counties
(generally, municipalities with populations less than 50,000 persons and
counties with populations less than 200,000 persons).
ELIGIBLE ACTIVITIES: Rehabilitation and preservation, real property
acquisition and disposition, economic/job development, public facilities
and improvements, and more.
FUNDS AVAILABLE: An estimated total of $9,180,600, including an estimated
$236,750 for imminent threat situations, is expected to be available for
local projects in Colorado from FFY 1984 funds, plus any recovered or
uncommitted FFY 1983 funds.
BENEFIT TO PERSONS OF LOW/MODERATE INCOME: Not less than 51% of the
aggregate amount available from FFY 1984 funds will be used for the sup-
port of activities that benefit persons of low- and moderate-income.
PROPOSED SELECTION PROCESS AND FACTORS: Competitive application process.
Staff ratings based on: project impact, including benefit to low- and
moderate-income persons; relative community need; public and private com-
mitments; management capability; and other appropriate considerations.
Advisory Committee hearings and recommendations. Final funding decisions
made by the Executive Director of the Department.
PLANS TO MINIMIZE DISPLACEMENT: In reviewing and evaluating applications,
and in making grant award decisions, the Department will consider whether
displacement will be involved and what steps will be taken to minimize
permanent, involuntary displacement and to mitigate its adverse effects or
related hardships.
PLANS TO ASSIST PERSONS DISPLACED: Acquisition and relocation governed by
the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (the Act) will be subject to the requirements of the Act. In
the event displacement results from acquisition or substantial rehabilita-
tion of property and is not governed by the Act, grantees will be required
to provide reasonable benefits to any person involuntarily and permanently
displaced.
Copies of the revised proposed statement (plan) of program objectives and
funds distribution method for the FFY 1984 CDBG program will be available
y
after March 21 , 1984 from the CDBG Program Coordinator, Colorado Department of
Local Affairs, 518 State Centennial Building, 1313 Sherman Street Denver,
Colorado 80203. Written views and comments on the revised proposed statement
(plan) and on the community development performance of the Department may be
submitted to the CDBG Program Coordinator at the above address on or before
Wednesday, March 28, 1984 or may be submitted, along with oral comments, at a
public hearing on these matters to be held on that date at 1 :00 p.m. in Class-
room E, Colorado Heritage Center, 1300 Broadway, Denver. Views and comments
received will be considered and, as deemed appropriate, the revised proposed
statement (plan) will be modified and finalized. Copies of the Final State-
ment will be available on April 2, 1984 from the CDBG Program Coordinator at
the above address.
Records regarding the past use of CDBG funds are on file at the above
address. These records can be examined on site from 8:00 a.m. to 5:00 p.m.
every day except Saturday, Sunday and State holidays. Copies can be made for
a reproduction fee. Advance notice is requested.
Copies of the Department's annual Performance and Evaluation Report on the FFY
1983 CDBG program will be available on April 27, 1984 from the CDBG Program
Coordinator at the above address. Comments on the report are invited, how-
ever, they must be submitted to the CDBG Program Coordinator on or before May
7, 1984.
Copies of the Department's annual Performance and Evaluation Report on the
"Jobs Bill" CDBG program will be available on August 10, 1984 from the CDBG
Program Coordinator at the above address. Comments on the report are invited,
however, they must be submitted to the CDBG Program Coordinator on or before
August 20, 1984.
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