HomeMy WebLinkAbout890473.tiff RESOLUTION
RE: APPROVE CONTRACT BETWEEN WELD COUNTY AND DEPARTMENT OF LOCAL
AFFAIRS CONCERNING RENTAL REHABILITATION 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 between
Weld County and the Department of Local Affairs concerning rental
rehabilitation in the Towns of Garden City, Frederick, Eaton,
Platteville, Ault, and Keenesburg with the terms and conditions
being as stated in said Contract, and
WHEREAS, after review, the Board deems it advisable to
approve said Contract, a copy of which is attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Contract between
Weld County and the Department of Local Affairs for rental
rehabilitation be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman he, 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 12th day of
June , A.D. , 1989 .
1427)2eLA
P�Jt BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder /�
"and Clerk to the Board C.W. Kirby, Chairman
•
J eli Joh n, Pro-Tem
eputy County erk
APPR VED AS TO FORM: Gene R. Bran ner
c __ 7 _L
George K9
C2
County Attorney
Gorfl .. ��� '�"
890473
'► Form 6•AC 02A;k I Fxt DEPA LENT OR AGENCY NUMBER
•
CONTRACT ROUTING NUMBER
u I r+
l�}'Rer4tal Rehabilitation Program
CONTRACT
THIS CONTRACT, Made this___ day of _- - 198 -,by and between
the State of Colorado for the use and benefit of the Department of
hereinafter referred to as the State, and
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 United States Government, through Section 17 of the United States
Housing Act of 1937, 42 G.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, (DOH) pursuant to C.R.S. 1973, 24-32-705 (1) (i) ; and
WHEREAS, the said State Division of Housing has received requests from
political subdivisions in Colorado for allocations from the federal Rental
Rehabilitation Program ("RRP") from federal fiscal year 1988 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, 1988, incorporated by reference,
the DOH has allocated funds to said Contractor
NOW THEREFORE it is hereby agreed that:
1. Eligible Neighborhoods. The Contractor shall perform and accomplish
all the necessary work and services as provided under this Contract within
eligible neighborhoods of the Cities of Garden City, Fredar ck', Eaton
Platteville Ault.. and .Keenesburg. 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 Services. 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
Page 1 of 14 pages
395-53-01-1014 •(Sec instructions on reverse of last page)
8900473
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lower income households in accordance with federal requirements as set forth in
24 CFR Part 511, incorporated by reference or as subsequently revised and State
requirements as stated in the State's "Program Design" dated July 1988,
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,
and assure its implementation upon DOH approval;
c) to develop a strategy for marketing the program to financial
institutions willing and able to lend to investors of these properties, and
assure its implementation upon DOH approval;
d) to develop procedures for evaluating projects based on eligibility and
feasibility criteria as outlined in the State's "Program Design" dated July,
1988 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 bid 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;
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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;
Page 2 of 14 pages
890473
it 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 objectives, d) utilization 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 Weld County Housing_Authority, under
the direct supervision of Jim Sheehan, 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.
1. Time of Performance. This Contract shall become effective upon proper
execution of this Contract and shall conclude on or before July 31, 1990, unless
otherwise extended by written approval from the Division. The work described
herein shall commence as soon as practicable after the execution of this
Contract.. The Contractor agrees that one hundred (100) percent of the funds
awarded under this Contract shall be committed to local projects on or before
October 31, 1989. "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.
5. Obligation, Expenditure and Disbursement of Funds.
a) administrative FNTenses. Eligible administrative expenses are
reasonable and necessary costs as described in Section 24CFR 511.4.
b) 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 Lhe project to HUD by the Contractor and upon compliance with
other procedures specified by HUD.
cI Compensation and Method of Payment
i) Rehabilitation Expenses. The State agrees to establish an account.
with C/MIS in the Contractor's name in the amount of One HundredNinety_Thousand
Dollars (5190,000.00) . This shall be the total amount available for
rehabilitation expenses under this contract.
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890473
ii) Administrative Expenses. The State agrees to reimburse the
Contractor for administrative expenses in an amount not to exceed Ninety Five
Hundred Dollars (59,500.00) . The Contractor shall periodically initiate
administrative drawdown requests by submitting to the Division of Housing a
written request using the State provided form, for reimbursement of actual and
proper expenditures of RRP administration funds.
iii) Any costs that exceed the amounts shown in i) and ii) above shall
be the sole responsibility of the Contractor.
d) Program Income. Program income is defined as the gross income earned
by the Contractor generated from use of the RRP funds. Program income includes
such items as payment of principal 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 Eligibility 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 substantial, portion thereof.
6. Limitation to Particular Funds. The parties hereto expressly recognize
that the Contractor is to be paid, reimbursed, or otherwise compensated with
funds provided by HUD 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 compensation arising under this Contract
are contingent upon the availability of such funds. In the event that such
funds or any part thereof are not available, the State may immediately terminate
this Contract.
7. Lower Income Benefit. The Contractor agrees that one hundred ( 100)
percent of its RRP rehabilitation 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.
R. 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 units
rehabilitated by the Contractor using federal RRP funds are units of three or
more bedrooms.
Page 4 of 14 Pages
890473
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.
10. Affirmative Marketing Plan Requirement. Within sixty (60) days 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 be taken if an investor fails to
follow these affirmative marketing procedures. The Contractor shall submit to
the State a copy of this plan for its approval.
11 Financial Management. At all times, from the effective date of this
contract until completion of this contract, the Contractor shall comply with the
requirements of C/MIS as stated in HUD Notice CPD-88-9,CPD 88-11, CPD 88-23 and
any subsequent HUD directive. Contractor's financial management system must be
consistent with 24 CFR part 511.
12. Audit
a) Discretionary Audit. The State or the Federal government or their
authorized representatives shall have the right to inspect, examine, and audit
Contractor's records, books and accounts, including the right to hire an
independent Certified Public Accountant of the State's choosing and at the
State's expense to do so. Such discretionary audit may be called for at any
time and for any reason from the effective date of this Contract until five (5)
years after the date final payment for this Project is received by the
Contractor, provided that the audit. is performed at a time convenient to the
Contractor and during regular business hours.
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 sect. Such audit reports shall be simultaneously
submitted to DOH and the State Auditor. Thereafter, the Contractor shall supply
DOH 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, DOH 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.
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14. Indemnification. Contractor, in consideration for State's promises
herein set forth, promises to indemnify, save and hold harmless and defend the
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 t.o 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 he has, or will secure at
his own expense all personnel, as employees 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 and no such personnel are eligible for any
employees benefits, unemployment compensation or any other benefits accorded to
State employees and Contractor agrees to indemnify the State for any costs for
which the State may be found liable in this regards. All of the services
required hereunder will be performed by the Contractor or under his
supervision.
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 the period of
suspension provided such costs were necessary and reasonable for the conduct of
• the 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 the event that such funds or any
part thereof are not received by the State, the State may immediately terminate
or amend this Contract.
b) Termination for Cause. 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 covenants, agreements,
or stipulations of this Contract, the State shall thereupon have the right to
terminate this Contract for cause by giving written notice to the Contractor of
such termination and specifying the effective date thereof, at least five (5)
days before the effective date of such termination. Notwithstanding the above,
the Contractor shall not be relieved of liability t.o the State for any damages
Page 6 of 14 Pages
890473
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 to
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 ( 1) copy of an annual report relative to the affirmative marketing of
the rehabilitated units in a manner and method to be prescribed by the State.
21. Monitoring and Evaluation. The State will monitor and evaluate the
Contract with the Contractor under the RRP. The Contract will be monitored for
compliance with the rules, regulations, requirements and guidelines which the
State and HL) has promulgated or may promulgate and will be monitored
periodically during the operation of the 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.
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890473
22. Conflict of Interest.
a) No employee, officer or agent of the Contractor shall participate in
the selection, or in the award or administration 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 subcontractors, potential subcontractors, 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 that 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) .
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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 Paragraph 21 shall constitute grounds for
termination of this Contract for cause by the State.
23. Compliance with Applicable Laws. At all times during the performance
of this Contract, the Contractor and any subcontractors shall strictly adhere
to all applicable federal and state laws, 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, and the implementing regulations of HUD (24 CFR Part 58) and of the
Council on Environmental Quality (40 CFR Parts 1500 - 1508) providing for
establishment of national policy, goals and procedures for protecting,
restoring and enhancing environmental quality.
b) Davis-Bacon Fair Labor Standards Act (40 USC 276a - 276a-5) requiring
that on all contracts and subcontracts for 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 determined 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 and laborers employed on federally-assisted
contracts which exceed $2,000 be paid wages of not less than one and one-half
times their basic wage rates for all hours worked in excess of eight in a
calendar day or forty in a work week, whichever is greater. (This requirement
applies to the rehabilitation of residential property only if such property
contains twelve (12) or more dwelling units) .
d) Copeland "Anti-Kickback" Act of 1934 (40 USC 276 (e) ) 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.
Page 9 of 14 Pages
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f) Section 3 of the Housing and Community Development 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 Orders 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.
•
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 shall be excluded from participation, denied program benefits or
subjected to discrimination on the basis of age under any program or activity
receiving federal funds.
n) Uniform Relocation Assistance and Real Property acctui.siti.or►__ 'olic:ies
Act of 1970 as required under $570.606(a) and Federal implementing regulations;
the requirements in 5570.606(b) governing the residential antidisplacement and
relocation assistance plan under section 104(d) of the Act (including a
certification that the grantee is following such a plan) ; the relocation
requirements of $570.606(c) governing displacement subject to section 104(k) of
the Act; and the relocation requirements of $570.606(d) governing optional
relocation assistance under section 105(a) (11) of the Act.
Page 10 of 14 Pages 890473
24. Severability. To the extent that this Contract may be executed and
performance of the obligations of the parties may be accomplished within the
intent of the Contract, the terms of this Contract are severable, and should
any term or provision hereof be declared invalid or become inoperative for any
reason, such invalidity or failure shall not affect the validity of any other
term or provision hereof. The waiver of any breach of a term hereof shall not
be construed as waiver of any other term.
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 enterprises 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. Non-Discrimination. The Contractor shall comply with all applicable
State and Federal laws, rules, regulations and Executive Orders of the Governor
of Colorado involving non-discrimination on the basis of race, color, religion,
national origin, age, handicap or sex. In compliance with Paragraph 5 of the
Special Provisions section of this contract, Contractor agrees to consider
minorities or minority businesses as employees, specialists, agents,
consultants or subcontractors under this Contract. Contractor may utilize the
expertise of the State Minority Business Office within the Office of the
Governor for assistance in complying with the non-discrimination and
affirmative action requirements of this contract and applicable statutes.
29. Applicant Statement of Assurances and Certifications. The Contractor
has previously executed an "Applicant 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 11 of 14 Pages
830473
30. Survival of Provisions. Notwithstanding any termination of this
contract, the same shall continue in force and effect as to any provisions
hereof which require observance or performance by the State and Contractor
subsequent to the date specified for termination, and it is understood and
agreed such provisions shall survive any said termination.
Page 12 of 14 pages
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Forme-4(-02µ
SPECIAL PROVISIONS
C'ONTROLLER'S API'RO\AL
I. This contractshalt not he deemed s alid until it shall has been approved 1w the Controller of the State of Colorado or such assistant as he ma_c designate.This
pro'ision is applicable to any contract ins ols mg the payment of money hs the State.
FUND AV.AILARI LI TY
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 ay ailable.
BOND REQUIREMENT
-. It this amiract ins on es the payment of more than fifty thousand dollars for the construction.erection,repair,maintenance,or improvement of any building,
road.bridge.s aduct,tunnel,escav anon or other public works for this State,the contractor shall.before entering the performance of any such work Included in this
contract.dub execute and delis Cr to and file with the official whose signature appears below for the State,a good and sufficient bond or other acceptable surety to be
apprns co M 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 he duly executed by a
qualified core iratc 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 du Is pa..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 filed.noclaim in favor of the contractor arising under this contract
shall he audited,allow ed 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.
INDLMNIFICATION
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. subcontractors, or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spint 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 Affirma-
tive 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 dunng 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 selection for
training,including apprenticeship.The contractor agrees to post in conspicuous places.available to employees and applicants for employment.notices to be pro-
vided 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 contractor understand-
ing.notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under the Executive
Order, Equal Opportunity and Affirmative Action,dated April 16. 1975. and of the rules, regulations, and relevant Orders of the Governor.
(4j Tne 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 dis-
criminatory 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
Revised 1/86 of 13 14
page pages ocao-2306.-ss
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Form 6-AC-02C
(7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contractor or x rah am of such rules.regulations,or orders.this
contract mar he cancelled,terminated or suspended in whole or in part and the contractor may he deciared ineligible for further State contracts in accordance
with procedures,authorized m Execuuve Order.Equal Opportunity and Affirmative Action of Apnl 1 6, 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 even'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 he 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 contractor becomes invols ed
in.or is threatened with.litigation with the subcontractor or vendor as a result of such direction by the contracting agent),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
6a, 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 hereun-
der and are financed in whole or in part by State funds.
h. When construction contract for a public project is to he awarded to a bidder,a resident bidder shall he 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 deter-
mined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be avail-
able or would otherwise be inconsistent with requirements of federal law,this subsection 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 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. 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 provisions is present.
10. The signatories aver that to their knowledge, no state employee has a 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.
Contractor,
(Full Legal Namc) Weld County Board of Commi ssioners STATE OF COLORADO
By: /J/C jC,�/1,' ROY ROMER, GOVERNOR
C.W. Kirby By
'S EXECUTIVE DIRECTOR
Position (Title) Chairman
84-6000813
Social Security Number or Feder&I.D.Numoer DEPARTMENT
OF(If Attest (Seal)
(Seal) C.bt!/1,4.�
By
Corporate Secretary,or Equivalent, n/City/County Clerk
APPROVALS
ATTORNEY GENERAL CONTROLLER
By By
Pape 14 which is the Masi or 14 pates
393-53-0t-1030(Revised 1/9a) 'See instructions on rowse aide. DC-10.33056-88
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