HomeMy WebLinkAbout871431.tiff RESOLUTION
RE: APPROVE CONTRACT CONCERNING RENTAL REHABILITATION BETWEEN
WELD COUNTY AND DEPARTMENT OF LOCAL AFFAIRS 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 has been presented with a Contract
concerning rental rehabilitation in the Towns of Evans, La Salle,
and Garden City between Weld County and the Department of Local
Affairs , 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
rental rehabilitation between Weld County and the Department of
Local Affairs be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be , and
hereby is, authorized to sign said Contract.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 16th day of
November, A.D. , 1987 .
1� BOARD OF COUNTY COMMISSIONERS
ATTEST: / e WELD COU TY OL $ADO
Weld County Clerk and Recorder
and Clerk to the Board Gora a ,� airman
o Cam;
Y; c_J C. . Kirby, Prom
puty County erk
l aYI
APPROVED AS TO FORM: Gene R.. Bran\er
JaiS
v Cl%z:CAL
County Attorney
Frank Yamaguchi
. t
871431
P wrm n.n GO2A IR 5,95) \It-N r OR AGENCY NU MBE R
ONFRACI ROUTING NUMBER
Rental Rehabilitation Program
CONTRACT
THIS CONTRACT, made this Jay of 198 _ by and between the
State of Colorado for the use and benefit of the Department of ' I Local Affairs, Division
of Housing
hereinafter referred to as the Stare, and County of Meld
hereinafter referred to as the contractor.
WHEREAS. authority eSun in the Law and Funds have been hudeeted, appropriated and otherwise made
available and a sufficient unencumbered balance Ihcreni remains asailahle for p;n ment to Fund Number 1001
G/L Account Number ---- . Contract Encumbrance Number --- . Lind
is HEREAS. required approsal sle.irance and coordination has been accomplished from and ss ilh appropriate
Licences: and
WHEREAS, the United States Government, through Section 17 of the United
States Housing Act of 1937, 42 U.S.C. 1437o, has established the Rental
Rehabilitation Program ( "RRP") and has allowed each state to elect to
administer such federal funds for its nonentitlement areas; and
WHEREAS, the State of Colorado has elected to administer such funds for
its nonentitlement areas through the Colorado Department of Local Affairs,
Division of Housing, pursuant to C.R.S. 1973, 24-32-705 ( 1 ) ( i ) ; and
WHEREAS, the said State Division of Housing has recei"ed requests from
political subdivisions in Colorado for allocations from the federal Rental
Rehabilitation Program ("RRP") from federal fiscal year 1987 available to
Colorado; and
WHEREAS, said distribution is in conformity with the requirements of the
federal rental rehabilitation program as set forth in 24 CFR Part 511 ,
incorporated by reference, and the State requirements as set forth in the
approved Division program design dated June, 1987, incorporated by reference,
the Division has allocated funds to said Contractor
NOW THEREFORE, it is hereby agreed that:
1 . Eligible Neighborhoods . The Contractor shall perform and accomplish
all necessary work and services as provided under this contract within
eligible neighborhoods of the County of Weld. Eligible neighborhoods are
defined as those in which the median income does not exceed eighty (80)
percent of the median income of the area, and where the rents are likely to
remain affordable to lower income families for a period of five years.
2. Scope of Service. In consideration for the monies to be received
through the State, the Contractor shall undertake the development and
administration of a rental housing rehabilitation program for the benefit of
lower income households in accordance with federal requirements as set forth
in 24 CFR Part 511 , incoporated by reference or as subsequently revised, and
State requirements as stated in the State ' s "Program Design" dated June 1987,
incorporated by reference. The Contractor shall do, perform, and carry out,
in a satisfactory and proper manner as determined by the State, all work
elements as indicated below:
a) to identify and select appropriate neighborhood( s) for rehabilitation
of investor-owned properties based on a thorough understanding of the
economic, social , and political dynamics of the community, and the resources
available for the rehabilitation effort;
b) to develop a strategy for marketing the program to investors of
rental properties occupied, or available for occupancy, by lower income
households;
395-530 H0•14
Page I of 10 pages
'I Sec mul rucnowt on reverse jr last page.) 8'71431 1431
c) to develop a strategy for marketing the program to financial
institutions willing and able to lend to investors of these properties;
d) to develop procedures for evaluating projects based on eligibility
and feasibility criteria as outlined in the State' s "Program Design" dated
June, 1987 and for determining any local priorities to be considered in the
awarding of monies to projects;
e) to determine the financing technique(s) to be used in the program.
The contractor may use one, or any combination, of the following techniques:
i ) deferred payment loan with forgiveness clause;
ii ) deferred payment loan with specific terms and conditions for
repayment; and or
iii ) below market interest rate loan.
f) when applicable, to assist investors in determining the extent and
cost of rehabilitation, in finalizing the oid package, in selecting
construction contractors/subcontractors, in notifying tenants of their rights
and responsibilities under the program, and in arranging financing for the
project. The contractor shall encourage the delegation of appropriate
responsibilities to the private sector and utilize streamlined processing
procedures;
g) to promptly notify the State of projects to be rehabilitated under
the program and to request that the State reserve funds for those projects as
required by the U.S. Department of Housing and Urban Development ' s (HUD) Cash
and Management Information System (C/MIS) ;
h) to develop a schedule for payment of funds for completed construction
work through drawdowns of project funds reserved through C/MIS;
i ) to promptly complete all reports required by HUD and the State. To
compile and retain data in the following areas for inclusion in the State
Annual Performance Report to HUD: a)meeting RRP objectives, b)program income,
c)meeting affirmative marketing oojectives, d)ulitization of Minority Business
Enterprises(MBE) and Women Business Enterprises(WBE) , e)participation by
minority property owners, and f)displacement/relocation activities.
3. Responsible Administrator. The performance of the services required
herein shall be the responsibility of the Housing Authority of the County of
Weld, under the direct supervision of James M. Sheehan, Executive Director, an
employee or agent of the Contractor, who is hereby designated as the
administrator-in-charge of this Program. At any time the administrator
in-charge ceases to be responsible for the administration of the RRP, all work
shall be suspended until the Contractor assigns a mutually acceptable
replacement.
4. Time of Performance. This Contract shall become effective upon
proper execution of this Contract and shall conclude on or before December 31 ,
1988, unless otherwise extended by written approval from the Division. The
work described herein shall commence as soon as practicable after execution of
this Contract. The Contrator agrees that thirty-five (35) percent of the
funds awarded under this Contract shall be committed to local projects on or
before March 31 , 1988; seventy (70) percent of its funds shall be committed to
local projects on or before June 30, 1988; and one hundred (100) percent of
its funds shall be committed to local projects on or before September 30,
1988. "Commitment of funds" means a legally binding agreement between the
Contractor and an owner under which the Contractor agrees to provide rental
rehabilitation grant amounts to the owner for a project that can reasonably be
expected to start construction within 90 days of that agreement.
871431
Page 2 of 10 pages
5. Obligation, Expenditure and Disbursement of Funds.
a) Prior Expenses. Expenses incurred by the Contractor in association
with the RRP prior to execution of this Contract are not eligible RRP
expenditures.
b) Administrative Expenses . Administrative costs incurred by the
Contractor in carrying out its responsibilities under the RRP are not eligible
RRP expenditures. These administrative costs include, but are not limited to,
staff and consultant salaries, operating and travel expenses.
c) Rehabilitation Expenses. The Contractor shall identify a local
financial institution to serve as the depository of RRP funds. After
selection of a project, no later than the day of loan closing, the Contractor
shall notify the State to establish a project account with the C/MIS.
Thereafter, the Contractor assumes responsibility for requesting drawdowns
against that account to pay eligible rehabilitation costs. These requested
amounts shall be electronically transferred by HUD directly to the
Contractor' s designated depository. Disbursements are conditioned upon the
submission of satisfactory information about the project to HUD by the
Contractor and upon compliance with other procedures specified by HUD.
d) Program Income. Gross income earned by the Contractor generated from
use of the RRP funds. Program income includes such items as payment of
prinicpal and interest on loans made using RRP funds and interest earned on
such income. Program income may be used for any activity which is eligible
under 24 CFR Subpart B "Program Eligiblilty Requirements" for the RRP. The
use of program income for such activities is subject to all the requirements
for the program listed in 24 CFR Part 511 . 10 and the other federal
requirements listed in Part 511 . 11 . RRP income may not be used for
administrative expenses . RRP funds may not be committed to specific local
projects if sufficient program income is on hand and available to fund the
project or a substandial portion thereof.
6. Compensation and Method of Payment. The State agrees to establish an
account with C/MIS in the Contractor' s name in the amount of One Hundred
Thousand Dollars ($100,000.00) . In addition, the State agrees to facilitate
the provision of about 11 Section 8 vouchers to the Housing Authority of the
County of Wels. An Annual Contribution Contract for the vouchers shall be
signed between the Weld Housing Authority and HUD directly.
7. Lower Income Benefit. The Contractor agrees that one hundred (100)
percent of its RRP funds shall be used to benefit lower income families. The
100% benefit standard may be reduced to seventy (70) percent if the Contractor
certifies to the State in writing that the reduction is necessary to meet one
or both of the following objectives:
a) to minimize the displacement of tenants in projects to be
rehabilitated;
b) to provide a reasonable margin for error due to unforseen, sudden
changes in neighborhood rents; failure to complete rehabilitation of projects
due to unanticipated circumstances; or other reasonable contingencies.
8. Priority to Large Families. The Contractor agrees to ensure that an
equitable share of its federal RRP funds shall be used to rehabilitate units
occupied by families with children, particularly families requiring three or
more bedrooms, by giving priority consideration to those proposals. The State
will consider this requirement satisfied if at least 15 percent of the unit
rehabilitated by the Contractor using federal RRP funds are units of three or
more bedrooms.
9. Tenant Assistance Policy Requirement. Within thirty (30) days of
execution of this contract, the contractor shall adopt the State 's Tenant
Assistance Policy, amending the policy as needed to account for local
directives, policies, or concerns. The Contractor shall submit to the State a
copy of this amended policy for its approval .
Page 3 of 10 pages 871431
10. Affirmative Marketing Plan Requirement. Within sixty (60) gays of
execution of this contract, the Contractor shall develop a plan describing the
methods and procedures that will be used to ensure the affirmative marketing
of rehabilitated units and for assessing the investor' s affirmative marketing
efforts, and the corrective actions that will oe taken if an investor fails to
follow these affirmative marketing procedures. The Contractor shall submit to
tiie State a copy of this plan for its approval .
11 . Financial Management . At all times, from the effective date of this
contract until completion or this contract, the Contractor shall comply with
the requirements of C/MIS as stated in HUD Notice CPD-86-11 , issued October 1 ,
1986. Contractor' s financial management system must be consistent with the
OMB B Circular A-102, Attachment G.
12. Audit
a) Discretionary Audit. The State, through the Director of the Division
of Housing, the State Auditor, or any of their duly authorized
representatives, including an independent Certified Public Accountant of the
State 's choosing, or through 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 . Sucn 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 Program is
received by the Contractor, provided that the audit is performed during normal
business hours and further provided that in the event any such audit is in
process or action pending as a result of information discovered during the
performance of said audit, then the right to inspect, examine and audit shall
continue until the conclusion thereof, or the conclusion of any legal action
resulting therefrom.
b) Mandatory Audit. Whether or not the State calls for a discretionary
audit as provided above, the Contractor shall include the Program in an annual
audit and audit report as required by the Colorado Local Government Audit Law,
C.R.S. 1973, 29-1-601 , et seq. Such audit report shall be simultaneously
submitted to the State and the State Auditor. Thereafter, the Contractor
shall supply the State with copies of all correspondence from the State
Auditor related to the relevant audit report. If the audit reveals evidence
of non-compliance with applicable law, the State reserves the right to
institute compliance or other appropriate proceedings notwithstanding any
other judicial or administrative actions filed pursuant to C.R.S. 1973,
29-1 -607 or 29-1 -608.
13. Contractor, An Independent Contractor. Contractor shall undertake
the performance of all work and services herein set forth as an independent
contractor and not as an agent, servant or employee of the State. Contractor
shall have no authorization, express or implied, to bind the State to any
agreements, settlements, liability or understanding except as expressly set
forth herein.
14. Indemnification. Contractor, in consideration for State ' s promises
herein set forth, promises to indemnify, save and hold harmless and defend
State, and all of its employees and agents, acting officially or otherwise,
from any and all liability, claims, demands, actions, debts and attorney fees
arising out of, claimed on account of, or in any manner predicated upon loss
or damage to the property of and injuries to, or death of all persons
whatsoever, which may occur, or is sustained in connection with the
performance of this Contract, or by conditions created thereby, or based upon
any violation of any statute, ordinance, or regulation, and the defense of any
such claims or actions.
15. Personnel . The Contractor represents that it has, or will secure at
its own expense, all personnel , as employees or agents of the Contractor,
necessary to perform the work and services required to be performed by the
Contractor under this Contract. Such personnel may not be employees of, or
have any contractual relationship with the State. All of the services
requirea hereunder will oe performed by the Contractor or under its
supervision, and all personnel engaged in the work shall be fully qualifed and
shall be authorized under State and local law to perform such services.
Page 4 of 10 Pages
871431
16. Suspension. If the Contractor fails to comply with any contractual
provision, the State may, after notice to the Contractor, suspend the contract
and authorize the withholding of 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
Paragraph 17 below. The State may determine to allow such necessary and
proper costs which the Contractor could not reasonably avoid during tne period
of suspension provided such costs were necessary and reasonaole for the
conduct of this project.
17. 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 with federal RRP funds provided to
the State for the purpose of contracting for the services provided for herein,
and therefore, the Contractor expressly understands and agrees that all its
rights, demands and claims to payment arising under the Contract are
contingent upon receipt of such funds by the State. In tne event that such
funds or any part thereof are not received by the State, the State may
immediately terminate or amend this Contract.
b) Termination for Cause. If, through any cause, the Contractor shall
fail to fulfill in a timely and proper manner his obligations under this
Contract, or if the Contractor shall violate any of the convenants,
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
lease five (5) days before the effective date of such termination.
Notwithstanding the above, the Contractor shall not be relieved of liability
to the State for any damages sustained by the State by virtue of any breach of
the Contract by the Contractor, and the State may withhold any payments to the
Contractor for the purpose of setoff until such time as the exact amount of
damages due the State from the Contractor is determined.
c) Termination for Convenience. The State may terminate this Contract
at any time the State determines that the purposes of the distribution of RRP
monies under the Contract would no longer be served by completion of the
Program. The State shall effect such termination by giving written notice of
termination to the Contractor and specifying the effective date thereof, at
least twenty (20) days before the effective date of such termination. In that
event, all finished or unfinished documents and other materials pertaining -Co
the Program shall , at the option of the State, become its property. If this
Contract is terminated due to the fault of the Contractor, Paragraph 16b
hereof relative to termination shall apply.
18. Modification and Amendment This Contract is subject to such
modifications as may be required by changes in federal or state law or
regulations. Any such required modification shall be incorporated into and be
part of this Contract as if fully set forth herein and approved in accordance
with applicable law.
19. Integration. This Contract, as written, with attachments and/or
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 contract amendment incorporating such changes, executed
and approved pursuant to applicable law.
20. Reports
a) Financial Reports. The Contractor shall submit to the State, within
three (3) days of submission to HUD, one ( 1 ) copy of each report submitted to
C/MIS.
b) Programmatic Reports. The Contractor shall submit to the State one
( 1 ) copy of quarterly programmatic reports and of a final programmatic report
in a manner and method to be prescribed by the State.
c) Affirmative Marketing Report. The Contractor shall submit to the
State one ( I ) copy or an annual report relative to the affirmative marketing
of the rehabilitated units in a manner and method to be prescribed by the
State.
Page 5 of 10 Pages
871431
21 . Monitoring and Evaluation. The State will monitor and evaluate the
Contract with the Contractor unoer the RRP. The Contract will be monitored
for compliance with the rules, regulations, requirements and guidelines which
the State and HUD has promulgated or may promulgate ana will be monitored
periodically during the operation of tne project and upon its completion. The
Contract will also be subject to monitoring and evaluation by the U.S.
Department of Housing and Urban Development. The Contract will be evaluated
to gauge its impact upon lower-income residents of the community, and for the
effective and efficient utilization of RRP funds.
22. Conflict of Interest
a) No employee, officer or agent of the Contractor shall participate in
the selection, or in the award or aaministration of a contract if a conflict
of interest, real or apparent, would be involved. The Contractor' s officers,
employees or agents shall neither solicit nor accept gratuities, favors or
anything of monetary value from contractors, potential contractors, or parties
to subagreements.
b) No employee of the Contractor shall perform or provide part-time
services for compensation, monetary or otherwise, to a consultant or
consulting firm that has been retained by the Contractor under the authority
of this Contract.
c) The Contractor agrees that no person at any time exercising any
function or responsibility in connection with this Program on behalf of the
Contractor shall have or acquire any personal financial or economic interest,
direct or indirect, which will be materially affected by this Contract, except
to the extent that he may receive compensation for his performance pursuant to
this Contract.
d) A personal financial or economic interest includes, but is not
limited to:
i ) any business entity in which the person has a direct or
indirect monetary interest;
ii ) any real property in which the person has a direct or indirect
monetary interest;
iii ) any source of income, loans, or gifts received by or promised
to the person within twelve ( 12) months prior to the execution
date of this Contract;
iv) any business entity in which the person is director, officer,
general or limited partner, trustee, employee, or holds any
position of management.
e) For purpose of this Paragraph 21 , indirect investment or interest
means any investment or interest owned by the spouse, parent, brother, sister,
son, daughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, or
daughter-in-law of the person, by an agent on his/her behalf, by a general ,
limited or silent partner of the person, by any business entity controlled by
said person, or by a trust in which he/she has substantial interest. A
business entity is controlled by a person if tnat person, his/her agent, or a
relative as defined above possesses more than fifty (50) percent of the
ownership interest. Said person has a substantial economic interest in a
trust when the person or an above-defined relative has a present or future
interest worth more than One Thousand Dollars ($1 ,000) .
f) In the event a conflict of interest, as described in this Paragraph
21 , cannot be avoided without frustrating the purposes of this Contract, the
person involved in such a conflict of interest shall submit to the Contractor
and the State a full disclosure statement setting forth the details of such
conflict of interest. In cases of extreme and unacceptable conflicts of
interest, as determined by the State, the State reserves the right to
terminate the Contract for cause, as provided in Paragraph 16 above. Failure
to file a disclosure statement required by this Pargarph 21 shall constitute
grounds for termination of this Contract for cause by tne State.
Page 6 of 10 Pages 871431
23. Compliance with Applicable Laws . At all times during the performance
of tnis Contract, the Contractor and any subcontractors shall strictly adhere
to all applicable federal and state laws, rules, orders, and all applicable
standards, regulations, interpretations or guidelines issued pursuant
thereto. The applicable federal laws and regulations include, but are not
limited to the following:
a) National Environmental Policy Act of 1969 (42 USC 4321 et seq. ) , as
amended, ana the implementing regulations or HUD (24 CFR Part 5(1: flana of the
Council on Environmental Quality (40 CFR Parts 1500 - 1508) providing for
establishment of national policy, goals ana procedures for protecting,
restoring and enhancing environmental quality.
b) Davis-Bacon Fair Labor Standards Act (40 USC 27ba - 276a-5) requiring
that on all contracts ana subcontracts ror federally-assisted 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 determines by the Secretary of Labor. (This requirement applies
to the rehabilitation of residential property only if such property contains
twelve ( 12) or more dwelling units) .
c) Contract Work Hours and Safety Standards Act of 1962 (40 USC 327 et
seq. ) requiring that mechanics ana 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 eight in a
calendar day or forty in a work week, whichever is greater.
d) 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.
e) 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 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.
f) Section 3 of the Housing and Community Develoment Act of 1968 ( 12 USC
1701 (u) ) , as amended, providing that, to the greatest extent feasible,
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.
g) 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.
h) Title VI Of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 USC 2000
(d) ) prohibiting discrimination on the basis of race, color, or national
origin in any program or activity receiving federal financial assistance.
i ) Title VIII of' the Civil Rights Act of 1968 (Pub. L. 90-284; 42 USC
3601 ) , as amended, popularly known as the Fair Housing Act, prohibiting
housing discrimination on the basis of race, color, religion, sex, or national
origin, and requiring HUD to administer its programs in a manner which
affirmatively promotes fair housing.
j) Executive Order 11246 ( 1965) , as amended by Executive Oraer 11375,
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.
k) 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.
Page 7 of 10 Pages 871431
1 ) Section 504 of the Rehabilitation Act of 1973 (29 USC 793) , as
amended, providing that no otherwise qualified individual shall , solely by
reason of a handicap, be excluded from participation ( including employment) ,
denied program benefits or subjected to discrimination under any program or
activity receiving federal funds.
m) Age Discrimination Act of 1975, (42 USC 6101 ) , as amended, providing
that no person snail be exciudea from participation, denied program benefits
or subjected to discrimination on the basis of age under any program or
activity receiving federal funds .
24. Severability. To the extent that this Contract may be executed and
performance of the obligations of the parties may be accomplishea 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 effect 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.
25. 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.
26. 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.
27. Minority Business Enterprise Participation. It is the policy of the
State of Colorado that minority business enterprise shall have the maximum
practicable opportunity to participate in the performance of its construction
grant contracts. The Contractor agrees to use its best efforts to carry out
this policy to the fullest extent practicable and consistent with the
efficient performance of this contract. As used in this contract, the term
"minority business enterprise" means a business, at least 50 percent of which
is owned by minority group members or, in the case of publicly owned
businesses, at least 51 percent of the stock of which is owned by minority
group members. For the purposes of this definition, minority group members
are Negroes or Black Americans, Spanish-speaking Americans, Asian Americans,
American Indians, American Eskimos and American Aleuts. The Contractor may
rely on written representations by bidders, contractors, and subcontractors
regarding their status as minority business enterprises and need not conduct
an independent investigation.
28. Applicant Statement of Assurances and Certifications. The Contractor
has previously executed an "AppTicant Statement of Assurances and
Certification" copy of which is attached hereto, incorporated and made a part
hereof as if fully set forth herein, and is identified for reference as
Attachment A.
Page 8 of 10 Pages
€ 71431
Form 6-AC-02n SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of
Colorado or such assistant as he may designate. This provision is applicable to any contract involving the pay-
ment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that
purpose being appropriated. budgeted and otherwise made available.
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
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 (24-34402.
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:
(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 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-
criminate against any of its members in the full enjoyment of work opportunity, because of race, creed.
color, sex, national origin, or ancestry.
16) 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 9 of 10 pages 8x71431
Revised 11-85
- '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(I) 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 Aprii 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) Board of County Commissioners STATE OF COLORADO
ROY ROMER, GOVERNOR
County of Wel
By
11/16/87 '5 EXECU LIVE DIRECTOR
G 6 ac}il
Position (Title) airman
84-6000-813 DEPARTMENT
Soma,Security Number Cr Federal I.D. Number OF
(Ift i -�-. •
Attest (Seal) • tiith;).,County Clerk
APPROVALS
ATTORNEY GENERAL CONTROLLER
By By
•
8'71431
p.,. 10 men a the an N 10 vases oeaos.w-aa
is1YmeeeMla es reeling eld•.
Direct Deposit Authorization U.S.Department of Roush—, /^/\\
and Urban Development S
Office of Community Plat. ,g
Rental Rehabilitation Program - and Development
Cash and Management Information. (C/MI)System ,
OMB Approval No.2506.0080 (Exp.4-30-87)
To be completed by Grantee's(or Local Recipients)Chief Executive Officer or designated Check Appropriate Box
representative and returned to U.S.Department of Housing and Urban Development,P.O. - Original . _ . Duplicate
Box 23997,Washington,DC 20026 . [,7.Submission . O Submission O Revision
Grantee or 1.Name of Grantee or Local Recipient 2 Grantee/Local Reciplent Number
Local Recipient
Weld County R 87i i S" G 0 8 0 1 0 4
Financial Institution 3.Name of Financial Inatltu on
United Bank o£ Greeley
6.Branch
5.Address(Street.city.state.zip)
1000 10th St. , Greeley, Colorado Rn63f
•
6.Account Number
Acct. No. 100528
7.ABA Tranat Routing Number(9 Characters)
107000343
Correspondent Bank 1.Name of Correspondent Bank
(to be completed only when
correspondent bank
required to receive
"Fed Wires.") 2.Address of Coneapandent Bank
1 ABA Transit Routing Number(9 cheaters)
•
Approval by CEO Name and TNe(Type or print clearly)
or Designated
Representative Gordon E. Lacy
a ,
Signature Phone(Include area code)
(303) 356-4000 ext. 4200 -
?in, el
ate)7?.?-7
•
•
Previous Edition May be Used HUD-40020(9-861
See Instructions on Back 24 CFR 511
871431
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