HomeMy WebLinkAbout880464.tiff RESOLUTION
RE: APPROVE AMENDMENT TO RENTAL REHABILITATION PROGRAM CONTRACT
BETWEEN WELD COUNTY AND COLORADO DEPARTMENT OF LOCAL AFFAIRS,
DIVISION OF HOUSING, AND AUTHORIZE 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 did, by Resolution, approve a Contract
between Weld County and the Department of Local Affairs , Division
of Housing, concerning rental rehabilitation in the Towns of
Evans, La Salle, and Garden City, and
WHEREAS, the Board has now been presented with an Amendment
to said Contract which increases the original allocation by
$38 ,970 , with the further terms and conditions being as stated in
the Amended Contract, and
WHEREAS, after study and review, the Board deems it advisable
to approve said Amended 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 Amended Contract
between Weld County and the Department of Local Affairs, Division
of Housing, concerning rental rehabilitation be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is , authorized to sign said Amended Contract.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 20th day of
June , A.D. , 1988 .
(1z BOARD OF COUNTY COMMISSIONERS
ATTEST: WEL OUNTYY, COLORADO
Weld County lerk and Recorder
and Clerk to the Board ene R. Bran
ner, Chairman
RY: )(•,�Ierr7)-IYLx
, . l `« -et-. _ C.W. K by, Pr em
geputy Count Clerk
APPROVED AS TO FORM: J cqu / h ,n
CM7,7 G r 8 c
County Attorney
Fran mag chi
880464
Form 6-AC-02A(R 5.831 IARTMEN r OR AGENCY N UM BE
CONTRACT ROUTING NUMBER
AMENDATORY RENTAL REHABILITATION PROGRAM
19B8'JUN I C ." CONTRACT
Amendatory
THIS/CONTRACT, made this day of 198 _ . 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
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
G/L Account Number . Contract Encumbrance Number and
WHEREAS, required approval. clearance and coordination has been accomplished from and with appropriate
agencies: and
WHEREAS, the State has entered into an agreement with the Contractor to
administer a federally-funded Rental Rehabilitation Program (RRP) grant to
provide decent, safe and sanitary rental housing for occupancy by low/moderate
income households in Weld County, Colorado; and
WHEREAS, it is the intention of the parties to amend the original contract
dated December 9, 1987, because additional rental rehabilitation funds were
received by the state from the U. S. Department of Housing and Urban
Development from federal fiscal year 1985 RRP allocation; and
WHEREAS, Funds remain from fiscal year 1987 which are being allocated
according to 24 UF'R 511 (Rental Rehabilitation Program) ; and
WHEREAS, The Department of Housing and Urban Development has determined
that prior year funds may be spent in Farm Home Administration (FmHA)
areas; and
WHEREAS, The contractor has owner/investors interested in participating in
the FinHA areas of the County of Weld; and
WHEREAS, the state deems it desireable to award the County of Weld,
$38,970 from these additional funds to continue their RRP program activities. ;
NOW THEREFORE, it is hereby agreed that:
1. Consideration for this amendment to the Original Contract, Contract
Routing Number 88-126, dated December 9, 1987 consists of the payments which
shall be made pursuant to this amendment and the promises and agreements
herein set forth.
2. It is expressly agreed by the parties that this contract is
supplemental to the Original Contract . dated December 9, 1987, which is, by
this reference, incorporated and made a part hereof, and all the terms,
conditions and provisions thereof, unless specifically modified herein, are to
apply to this Amendment contract as though they were expressly rewritten,
incorporated and included herein.
3. It is agreed the Original Contract is and shall be modified, altered
and changed in the following respects only: ,
a) By eliminating and striking out from the Original Contract,
Provision 6, page 3, the words and figures One Hundred Thousand
Dollars ($100,000) and substituting the words and figures One
Hundred Thirty Eight Thousand Nine Hundred and Seventy Dollars
($138,970) .
395330'1.1014 Page I of—IL_L_pages
'1See instructions on reverse O1 last page.) 88046
4. The portion of the funds planned for FmHA areas in the County shall
not be spent in the FmHA areas until the final rule is published in the
Federal Register as required by the Department of Housing and Urban
Development.
5. The effective date of this Contract Amendment is July 1 , 1988.
6. In the event of any conflict, inconsistency, variance or incongruity
between the provisions of this Contract Amendment, or any of its attachments
or exhibits, and any of the provisions of the Original Contract, or its
attachments or exhibits, the provisions of this Contract Amendment shall in
all respects supersede, govern and control.
i
i
Page 2 of 4
880464
Form ti-AC-025 SPECL&L PROVISIONS
CONTROLLER'S APPROVAL
I. This contract shall not be deemed valid until it shall have been approved by the Controiler of the State of
Colorado or such assistant as he may designate. This provision is applicable to any contract involving the pay-
ment of money by the State.
FUND AVAILABILITY
2. Financial obligations or the State payaoie alter the current tiscai year are contingent upon funds for that
purpose being appropnateci. budgeted and otnerwise mace manacle.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection.
repair, maintenance, or improvement of any building, road, bridge, viaduct. tunnel, excavation or other public
works for this State. the contractor shall, before entering the performance of any such work included in this con-
tract, duly execute and deliver to and file with the official whose signature appears below for the State. a good
and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-
• half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified
corporate surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide
that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, pro-
visions.provendor or other supplies used or consumed by such contractor or his subcontractor in performance of
the work contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the
bond, together with interest at the rate of eight per cent per annum. Unless such bond, when so required, is
executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited.
allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of
Colorado may be accepted in lieu of a bond. This provision is in compliance with 38-26-106 CRS. as
amended.
INDEMNIFICATION
4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its
employees and agents,against any and all claims, damages,liability and court awards including costs-expenses.
and attorney fees incurred as a result of any act or omission by the contractor,or its employees, agents, subcon-
tractors, or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
• 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,
as amended, and other applicable law respecting discrimination and unfair employment 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
subcontracts.
During the performance of this contract, the contractor agrees as follows:
(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 advertising; lay-offs or terminations: rates of pay or other forms of compensation: and selec-
tion 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 con-
tracting 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 dis-
cnminate 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 discnminatory 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 discnminatorv.
880464
395-53-01-1022page _3— of A_ pages
, Form 6-AC-02C
(7) In the event of the contractor's non-compliance with the non-discrimination clauses of this con-
tract or with any of such rules,regulations,or orders,this contract may be cancelled,terminated or sus-
pended 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
subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to
Executive Order, Equal Opportunity and Affirmative Action of April 16. 1975. so that such provisions
will be binding upon each subcontractor or vendor. The contractor will take such action with respect to
any sub-contracting or purchase order as the contracting agency may direct, as a means of enforcing
such provisions, including sanctions for non-compliance; provided, however, that in the event the con-
tractor becomes involved in,or is threatened with,litigation with the subcontractor or vendor as a result
of such direction by the contracting agency, the contractor may request the State of Colorado to enter
into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6 a. 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.
b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be
allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or
required by the state or foreign country in which the non-resident bidder is a resident. If it is determined by the
officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds
which would otherwise be available or would otherwise be inconsistent with requirements of federal law, this sub-
section shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the
inconsistency with federal requirements (section 8-19-101 and 102, CRS).
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 incor-
porated herein by reference which provides for arbitration by any extra-judicial body or person or which is other-
wise 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 other-
wise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of
this contract to the extent that the contract is capable of execution.
8. At all times during the performance of this Contract, the Contractor shall strictly adhere to all applicable
federal and state laws, rules and regulations that have been or may hereafter be established.
9. 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 pro-
visions is present.
10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest what-
soever in the service or property described herein:
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above
written.
Contractor :
(Full Legal Name) WELD COUNTY, COLORADO STATE OF COLORADO
BO OF COUNTY COMMISSIONERS
ROY ROMER, GOVERNOR
By: x/20/88 *5EXECUrIVE DIRECTOR.
ene R. Bra e
Position (Title) Chairman
84-6000813 DEPARTMENT
��yyaa��Social Security Number or Federal I.D. Number OF
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/ APPROVALS
ATTORNEY GENERAL CONTROLLER
By By
880464
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880464
STATE OF COLORADO
oF•coto
DIVISION OF HOUSING c DEPARTMENT OF LOCAL AFFAIRS
John T. Maldonado, Director ling '1°4 ` C * ♦4 IV 'F
s * ..
*1876*
Roy Romer
Governor
June 14, 1988
James Sheehan
Executive Director
Weld County Housing Authority
P.O. Box A
Greeley, Colorado 80632
Dear Jim:
Enclosed are four copies of the Rental Rehabilitation Program contract
amendment for grant # R-87-SG-08-0104. The additional amount of $38,970 has
been added to your original allocation of $100,000. Of the additional funds
$26,000 is 1985 money and $12,970 is 1987 funding.
The funds will be available for Farm Home Administration areas when the final
ru]e is published in the Federal Register, probably in August. I will inform
you immediately when we receive the information.
Please have the four copies of the amendment signed by the appropriate elected
offi.cia.I. and return to this office. One fully executed copy will be sent to
you for your files.
If you have any questions, please phone me at 866-2033.
Sincerely,
\ 1C1
Victoria Kendrick
Rental Rehab Program Coordinator
88U)'46/1
1313 Sherman Street, 419 Centennial Building, Denver, Colorado 80203 (303) 866-2033
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