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HomeMy WebLinkAbout880942.tiff RESOLUTION RE: APPROVE CONTRACT BETWEEN WELD COUNTY AND DEPARTMENT OF LOCAL AFFAIRS CONCERNING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 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 of County Commissioners of Weld County, Colorado, submitted a request that the Department of Local Affairs release funds under the Community Development Block Grant for the unincorporated community of Galeton, and WHEREAS, the Department of Local Affairs has determined that Weld County is an eligible political subdivision and shall receive said funds, and WHEREAS, the Department of Local Affairs has submitted a Contract to Weld County to be approved and duly executed by the Chairman of the Board, a copy of said Contract being attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it advisable to approve said Contract, suject to the condition that the Contracts, with those individuals whose homes will be renovated or relocated using CDBG funds , shall state that said individuals agree to hook up to the sewage system when the sewage project is completed. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract between Weld County, Colorado, and the Department of Local Affairs concerning the unincorporated community of Galeton be, and hereby is , approved, subject to the condition hereinabove stated. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Contract. 880942 Page 2 RE: CDBG CONTRACT - GALETON The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of September, A.D. , 1988 . ‘7117144frre4-44/4,;‘) BOARD OF COUNTY COMMISSIONERS ATTEST: WEL COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Gene R. Bran nerman BY: /LK- 44 , 1, C.W. Kir y, B o-Tem Deputy County lerk APPROVED AS TO FORM: qu ine hnson /� EXCUSED Ct74..-- C2 ,d) � / Gordon E. Lacy County Attorney / EXCUSED Frank Yamaguchi 880942 . . .. . . . . . . .... CON ri ' ROO PING NUMBER CONTRACT 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 '= the County of Weld. P.O. Box 758. Greeley. CO 80632 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 the Housing and Community Development Act of 1974 ( "the Act" ) , Pub. L. No. 93-383, as amended, has established a Community Development Block Grant ("CDBG") program and has allowed each state to elect to administer such federal funds for its nonentitlement areas, subject to certain conditions, including a requirement that the state's program give maximum feasible priority to activities which will benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight; the state's program may also include activities designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs. Additionally, the state's program is subject to a federal requirement that not less than fifty-one percent (51%) of the aggregate amount of CDBG funds received by the state shall be used for the support of activities that benefit persons of low- and moderate-income; and WHEREAS, the State of Colorado has elected to administer such federal funds for its nonentitlement areas through the Colorado Department of Local Affairs • ( "Department") , Division of Local Government, Division of Commerce and Development and Division of Housing, pursuant to C.R.S. 1973, 24-32-106( 1) (d) , 24-32-304(2) (j) and 24-32-705( 1 ) (i) ; and WHEREAS, the Department has received applications from political subdivisions in Colorado for allocations from the federal CDBG funds available to Colorado; and WHEREAS, the Contractor is one of the eligible political subdivisions to receive CDBG funds; and WHEREAS, the Department has approved the proposed Project of the Contractor; NOW THEREFORE it is hereby agreed that: 1 . Scope of Services. In consideration for the monies to be received from the State, the Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work elements as indicated in the "Scope of Services," set forth in the attached Exhibit A, hereinafter referred to as the "Project." Work performed prior to the execution of this Contract shall not be considered part of this Project. 2. Responsible Administrator. The performance of the services required hereunder shall be under the direct supervision of James Sheehan an employee or agent of Contractor, who is hereby designated as the administrator-in-charge of this Project. At any time the administrator-in- charge is not assigned to this Project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator-in-charge and the State receives notification of such replacement assignment. J9.;-5:H1 F10'14 Page I of 12 pages attiee instructions on reverse of last page.) 3. Time of Perfornp-CC. This Contract shall become -effective upon proper • execution of this Conti, L. The Project contemplated h. .in shall commence as soon as practicable after the execution of this Contract and shall be undertaken and performed in the sequence set forth in the attached Scope of Services. The Contractor agrees that time is of the essence in the performance of its obligations under this Contract, and that completion of the Project shall ormir no later than the termination date set forth in the Scope of Services. 4. Eligibility and National Objectives. All project activities shall be eligible under Section 105 of the Act, as amended, and all related regulations and requirements. Furthermore, project activities shall meet the following indicated (with an "X") broad national objective(s) , as set forth in Section 104 (b) (3) of the Act, as amended, and all related regulations and requirements: x Benefit persons of low and moderate income; Prevent or eliminate slums or blight; Meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs. 5. Obligation. Expenditure and Disbursement of Funds. a) Prior Expenses. Expenses incurred by the Contractor in association with said Project prior to execution of this Contract are not eligible CDBG expenditures and shall not be reit rsed by the State. b) Environmental Review Procedures. Funds shall not be obligated or utilized for any activities requiring a release of funds by the State under the Environmental Review Procedures for the CDBG program at 24 CFR Part 58 until such rele�ne is issued in writing. Administrative costs, reasonable engineering and design costs, and costs of other exempt activities identified in 24 CFR 58.34 (a) (1) through (8) do not require a relee n of funds by the State. For categorically excluded activities listed in 58.35 (a) determined to be exempt because there are no circumstances which require compliance with any other Federal laws and authorities cited at 58.5, the Contractor must make and document such a determination of exemption prior to incurring costs for such activities. c) Community Development Plan Requirement. Prior to receiving disbursements of CDBG funds from the State, the Contractor shall identify its community development and housing needs, including the needs of low- and moderate-income persons, and the activities to be undertaken to meet such needs. 6. Definition of Law- and Moderate-Income Persons. Low-income and moderate-incase persons are defined, for the purposes of this contract, as those persons who are members of law-incase and moderate-income households as set forth in the attached Exhibit B or as subsequently promulgated in writing by the State. 7. Citizen Participation. The Contractor shall provide citizens with reasonable notice of, and opportunity to comment on, any substantial change proposed to be made in the use of CDBG funds from one eligible activity to another by following the same citizen participation procedures required for the preparation and submission of its CDBG application to the State. The Contractor shall also comply with the procedure set forth herein regarding the modification and amendment of this Contract. Additionally, the Contractor shall have and follow a Citizen Participation Plan which includes the six elements sy..ified in Section 104(a) (3) the Act. The Citizen Participation Plan must include a provision for at least one public hearing during the course of the Project to allow citizens to review and comment .on the Contractor's performance in carrying out the Project. 8. Minimizing Displacement and Providing Displacement Benefits. The Contractor shall minimize displacement of persons as a result of activities - assisted with CDBG funds. In the event displacement does nmrr and is governed by the Uniform Relocation Assistance and Real Property Acquisition Policies Act ' of 1970, as amended, (the "Uniform Act") , the Contractor shall comply with the requirements of the Uniform Act and the implementing regulations. In the event displacement results from acquisition or substantial rehabilitation and is not '_ . . governed by the Uniform Act, the contractor shall provide reasonable benefits ' _`.- to any person involuntarily and permanently displaced. ,. .: 880942 Page 2 of 12 Pages 9. Affirmatively Fur. zing Fair Housing. The Contrt Dr shall affirmatively further fair housing in addition to conducting and administering its Ptuject in conformity with the equal opportunity requirements of Title VI of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968, as required herein. 10. Recovery of Capital Costs of Public Improvements. The Contractor shall not attempt to recover any capital costs of public improvements assisted in whole or part with CDBG funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or ascecsment made as a condition of obtaining access to such public improvements, unless: a) CDBG funds are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than the CDBG program, or b) for the purposes of assessing any amount against properties awned and occupied by persons of uuulerate income who are not persons of low income, it certifies that it lacks sufficient CDBG funds to comply with the requirements of subparagraph (a) hereinabove. 11. Compensation and Method of Payment. The State agrees to pay to the Contractor, in consideration for the work and services to be performed, a total amount not to exceed Two Hundred Thirty Thousand Dollars ($230.000 ) . The method and time of payment shall be made in accordance with the "Payment Method" set forth herein. 12. Financial Management. At all times from the effective date of this Contract until completion of this Contract, the Contractor shall comply with the administrative requirements, cost principles and other requirements set forth in the Financial Management section of the CDBG Grantee Handbook, hereinafter referred to as the "Financial Management Requirements". 13. Payment Method. Unless otherwise provided in the Scope of Services: a) the Contractor shall periodically initiate all drawdown requests by submitting to the Department a written request using the State-provided form, for reimbursement of actual and proper expenditures of State CDBG funds plus an estimation of funds needed for a reasonable length of time. b) The State may withhold any payment if the Contractor has failed to comply with the Financial Management Requirements, program objectives, contractual terms, or reporting requirements. c) The State will withhold payment of the final five (5) percent of the total contract amount until the Contractor has submitted and the Department has accepted all required quarterly Financial Status Report and Performance Report information. 14. Audit. a) Discretionary Audit. The State, through the Executive Director of the Department, the State Auditor, or any of their duly authorized representatives, including an independent Certified Public Accountant of the State's choosing, or 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. Such 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 Project is received by the Contractor, provided that the audit is perfornsd during normal business hours. b) Mandatory Audit. Whether or not the State calls for a discretionary audit as provided above, the Contractor shall include the Project in an annual audit report as required by the Colorado Incal Government Audit Law, C.R.S. 1973, 29-1-601, et seq and the Single Audit Act of 1984, Pub. L. 98-502, and federal and State implementing rules and relations. Such audit reports shall be simultaneously submitted to the Department and the State Auditor. Thereafter, the Contractor shall supply the Department with copies of all Page 3 of 12 Pages 880942 correspondence from the ate Auditor related to the rel.. .ant audit report. If the audit reveals evidence of non-compliance with applicable requirements, the Department 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. 15. Contractor, An Independent Contractor. Contractor shall be an independent contractor and shall have no authorization, express or implied, to bind the State to any agreements, settlements, liability or understanding except as expressly set forth herein. 16. Personnel. The Contractor respresents that he has, or will secure at his awn expense, unless otherwise stated in the Scope of Services, all personnel, as employees of the Contractor, necessary to perform the work and servirpq required to be perfoOted by the Contractor under this Contract. Such personnel may not be employees of or have any contractual relationship with the State. All of the servires required hereunder will be perforntkd by the Contractor or under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services. 17. Contract Suspension. If the Contractor fails to comply with any contractual provision, the State may, after notice to the Contractor, suspend the contract and withhold further payments or prohibit the Contractor from incurring additional obligations of contractual funds, pending corr.e'.tive action by the Contractor or a decision to terminate in accordance with provisions herein. 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. 18. Contract Termination. This contract may be terminated as follows: a) Termination Due to Loss of Funding. The parties hereto expressly recuyiiize that the Contractor is to be paid, reimbursed, or otherwise compensated with federal CDBG funds provided to the State for the purpose of contracting for the services provided for herein or with program income, and therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent upon recxipt 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 spec,ifyinq the effective date thereof; at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to reLeive just and equitable compensation for any satisfactory work completed on such documents and other materials. 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 anoint 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 State CDBG monies under the Contract would no longer be served by completion of the Project. 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 as dccrribed in subparagraph b above shall, at the option of the State, become its property. If the Contract is terminated by the State as provided herein, the Contractor Page 4 of 12 Pages 880942 will be paid an amount ch bears the same ratio to tilt otal compensation as the services actually perfoifkil hear to the total services of the Contractor covered by this Contract, less payments of compensation previously made: Provided, however, that if legs than sixty percent (60%) of the services covered by this Contract have been perfoifl .I upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are direc.Lly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Paragraph 18b hereof relative to termination shall apply. 19. Modification and Amendment. a) Modification by Operation of Law. 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. b) Programmatic or Budgetary Modifications. Contractor shall follow the revision procedures set forth in the Financial Management Requirements if programmatic or budgetary modifications are desired: i) The contractor must submit a written request to the Department and obtain prior written approval from the Department under the following circumstances: a. unless otherwise specified in the Scope of Services, when cumulative budgetary changes exceed five (5) percent of the total contract amount or Five Thousand Dollars ($5,000) , whichever is less; b. when any budget transfers to or between administration budgetary categories are proposed; c. when the scope, objective or completion date of the Project changes; d. when additional or less State funding is needed; e. when revisions involve the transfer of amounts budgeted for indiret.L costs to absorb increases in direct costs; and f. when revisions pertain to the addition of items requiring approval in accordance with the provisions of the subsection of the Financial Management Requirements entitled "Cost Principles." ii) Under the following circumstances and in addition to the foregoing procedure, prior approval for changes must be authorized by the State in an amendment to this contract properly executed and approved in accordance with applicable law: a. when cumulative budgetary changes exceed ten (10) percent of the total contract amount or Twenty Thousand Dollars ($20,000) , whichever is greater; b. when the scope, objective or completion date of the Project changes substantially, as determined by the Department; and c. when any additional State funding is needed. Under such circumstances, the Depar-tnent's approval is not binding until memorialized in the contract amendment. c) Other Modifications. If either the State or the Contractor desires to modify the terms of this Contract other than as set forth in subparagraphs a and b above, written notice of the proposed mniification shall be given to the other party. No such modification shall take effect unless agreed to in writing by both parties in an amendment to this Contract properly executed and approved in accordance with applicable law. Page 5 of 12 Pages 880942 20. Integration. .s Contract, as written, with , achments and 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 authorization or contract amendment incorporating such changes, executed and approved pursuant to applicable law. 21. Reports. a) Financial Reports. The Contractor shall submit to the Department three (3) copies of quarterly financial status reports in the manner and method set forth in the Financial Management Requirements. b) Performance Reports. The Contractor shall submit to the Department three (3) copies of quarterly performance reports and of a project completion report in a manner and method prescribed by the Department. 22. Conflict of Inteic,l.. a) In the Case of Procurement. In the procurement of supplies, equipment, construction and servic' s by the Contractor and its subcontractors, no employee, officer or agent of the Contractor or its subcontractors 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. Such a conflict would arise when the employee, officer or agent; any member of his immediate family; his partner; or an organizationNwhich employs, or is about to employ, any of the above, has a financial or other interest in the party or firm selected for award. Officers, employees or agents of the Contractor and its subcontractors shall neither solicit nor accept gratuities, favors or anything of monetary value from parties or potential parties to contracts. Unsolicited items provided as gifts are not prohibited if the intrinsic value of such items is nominal. b) In all Cases Other Than Procurement. In all races other than procurement (including the provision of housing rehabilitation assistance to individuals, the provision of assistance to businesses, and the acquisition and disposition of real property) , no persons described in subparagraph i) below who exercise or have exercised any functions or responsibilities with respect to CDBG activities or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. i) Persons Covered. The conflict of interest provisions of this paragraph b) apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the Contractor or of any designated public agencies or subcontractors receiving CDBG funds. ii) Threshold Requirements for Exceptions. Upon the written request of the Contractor, the State may grant an exception to the provisions of this subparagraph b) when it determines that such an exception will serve to further the purpocco of the CDBG program and the effective and efficient administration of the Contractor's Project. An exception may be considered only after the Contractor has provided the following: a. A disclosure of the nature of the conflict, accompanied by an assurance that: i. there has been or will be a public disclosure of the conflict and a description of how the public disclosure was or will be made; and ii. the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the sjea.ific CDBG assisted activity in question; and Page 6 of 12 Pages 880942 • b. An c lion of the Contractor's attor • that the interest for w.iich the exception is sought would not violate State or local law; and c. A written statement signed by the chief elected official of the Contractor holding the State harmless from all liability in connection with any exception which may be granted by the State to the provisions of this subparagraph b) ; iii) Factors to be Considered for exceptions. In determining whether to grant a requested exception after the Contractor has satisfactorily met the requirements of subparagraph ii) above, the State shall consider the cumulative effect of the following factors, where applicable: a. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the Project which would otherwise not be available; b. Whether an opportunity was provided for open competitive bidding or negotiation; c. Whether the person affected is a member of a group or class of low or itderate income persons intended to be beneficiaries of the CDBG assisted activity, and the exception will permit such person to receive generally the same benefits as are being made available or provided to the group or class; d. Whether the interest or benefit was present before the affected person was in a position as described in this subparagraph b) ; e. Whether undue hardship will result either to the Contractor or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and f. Any other relevant considerations. 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, orders, and all applicable standards, regulations, interpretations or guidelines issued pursuant thereto. The applicable federal laws and regulations include: 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 cut Parts 1500 - 1508) providing for establishment of national policy, goals, and procedures for protecting, restoring and enhancing environmental quality. b) National Historic Preservation Act of 1966 (16 USC 470 et seq.) , as amended, requiring consideration of the effect of a project on any district, site, building, structure or object that is included in or eligible for inclusion in the National Register of Historic Places. c) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 FR 8921 et seq.) requiring that federally-funded projects contribute to the preservation and enhancement of sites, structures and objects of historical, architectural or archaeological significance. d) The Archaeological and Historical Data Preservation Act of 1974, • amending the Reservoir Salvage Act of 1960 (16 USC 469 et seq.) , providing for the preservation of historic and archaeological data that would be lost due to federally-funded development and construction activities. e) Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR 26951 et seq.) prohibits undertaking certain activities in flood plains unless it has been determined that there is no practical alternative, in which case notice of the action must be provided and the action must be designed or modified to minimize potential damage. Page 7 of 12 Pages 880942 f) Executive Order : 90, Protection of Wetlands, Mz ?4, 1977 (42 FR 26961 et seq.) requiring review of all actions proposed to De located in or appreciably affecting a wetland. Undertaking or assisting new construction located in wetlands must be avoided unless it is determined that there is no practical alternative to such construction and that the proposed action includes all practical measures to minimize potential damage. g) Safe Drinking Water Act of 1974 (42 USC 201, 300 f et seq. , 7401 et seq. ) , as amended, prohibiting the commitment of federal financial assistance for any project which the Environmental Protection Agency determines may contaminate an aquifer which is the sole or principal drinking water source for an area. h) The Endangered Species Act of 1973 (16 USC 1531 et seq.) , as amended, requiring that actions authorized, funded, or carried out by the federal government do not jeopardize the continued existence of endangered and threatened species or result in the destruction or modification of the habitat of such species which is determined by the Department of the Interior, after consultation with the State, to be critical. i) The Wild and Scenic Rivers Act of 1968 (16 USC 1271 et seq.) , as amended, prohibiting federal assistance in the construction of any water resources project that would have a diiet,L and adverse affect on any river included in or designated for study or inclusion in the National Wild and Scenic Rivers System. j) The Clean Air Act of 1970 (42 USC 1857 et seq.) , as amended, requiring that federal assistance will not be given and that license or permit will not be issued to any activity not conforming to the State implementation plan for national primary and secondary ambient air quality standards. k) HUD Environmental Criteria and Standards (24 CFR Part 51) providing national standards for noise abatement and control, arcPptable separation distances from explosive or fire prone substances and suitable land uses for airport runway clear zones. 1) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 — Title III, Real Property Acquisition (Pub. L. 91-646 and implementing regulations at 24 CFR Part 42) , providing for uniform and equitable treatment of persons displaced from their homes, businesses, or farms by federal or federally-assisted programs and establishing uniform and equitable land acquisition policies for federal assisted programs. Requirements include bona fide land appraisals as a basis for land acquisition, specific procedures for selecting contract appraisers and contract negotiations, furnishing to owners of property to be acquired a written summary statement of the acquisition price offer based on the fair market price, and speL.ified procedures connected with condemnation. m) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 — Title II, Uniform Relocation Assistance (Pub. L. 91-646 and implementing regulations at 24 CFR Part 42) , providing for fair and equitable treatment of all persons displaced as a result of any federal or federally- assisted program. Relocation payments and assistance, last-resort housing replacement by displacing agency, and grievance procedures are covered under the Uniform Act. Payments and assistance will be made pursuant to state or local law, or the grant recipient must adopt a, written policy available to the public describing the relocation payments and assistance that will be provided. Moving expenses and up to $15,000 or more for each qualified homeowner or up to $2,000 or more for each tenant are potential costs. n) Levis-Bacon Fair Labor Standards Act (40 USC 276a - 276a-5) requiring that, on all contracts and subcontracts which exceed $2,000 for federally- assisted construction, alteration or 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 is designed for use of eight or more families.) o) 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 Page 8 of 12 Pages 880942 times their basic wage re 3 for all hours worked in exce of forty in a work week. p) 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. q) 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 hamsing of the hazards of lead- based paint and of the symptoms and treatment of lead-based paint poisoning. r) 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-inane persons in the unit of the project area, and that contracts be awarded to businesses located in the project area or to businesses awned, in substantial part, by residents of the project area. s) Section 109 of the Housing and Community Development Act of 1974 (42 USC 5309) , as amended, providing that no person shall be excluded fluor 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. t) 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. u) 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, sax, or national origin, and requiring HUD to administer its programs in a manner which affirmatively promotes fair hrnsing. v) Executive Order 11246 (1965) , as amended by Executive Orders 11375, prohibiting discrimination on the basis of race, color, religion, sax or national origin in any phase of employment during the performance of federal or federally-assisted contracts in exr s of $2,000. w) 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. x) 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. y) Age Discrimination Act of 1975, (42 USC 6101) , as amended, providing that no person shall be excluded fran participation, denied program benefits or subjected to discrimination on the basis of age under any program or activity receiving federal funds. 24. Monitoring and Evaluation. The State will monitor and evaluate the Contract with the Contractor under the CDBG program. The Contract will be monitored for compliance with the rules, regulations, requirements and guidelines which the State 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 law- and moderate-income residents of the community,• slums or blighted areas, or other urgent need conditions and for the effective and efficient utilization of CDBG funds. 25. Severability. Tb 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 Page 9 of 12 Pages 880942 any term or provision h of be declared invalid or hen 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. 26. 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. 27. 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 rage release the Contractor of liability under this Contract. 28. 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 awned by minority group members or, in the rasp 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. 29. Applicant Statement of Assurances and Certifications. The Contractor has previously signed an "Applicant Statement of Assurances and Certifications" which is hereby incorporated and made a part of this contract by reference. 30. Survival of Certain Contract Terms. Notwithstanding anything herein ' to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance or compliance beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Contractor or its subcontractors. • Page 10 of 12 Pages 880942 6 SC 0211 SPECIAL. PROVISIONS CONTROLLER'S APPROVAL I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the 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 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 Stale contracts or • sub-contracts. 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 arc employed,and that employees arc 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. (6) A labor organization,or the employees or members thereof will not aid, abet, incite,compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder,or attempt,either directly or indirectly, to commit any act defined in this contract to be discriminatory. 395-53-01-1022 page_ 11 of 12 pages 880942 Revised II-85 DC'..'U.., Form 6-AC-02C (7) In the event t. .ne contractor's non-compliance with the nc iscrimination clauses of this con- tract or with any of such rules, regulations,or orders, this contract may be cancelled, terminated or sus- pendgd 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 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 arc undertaken hereunder and arc 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 anon-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 he 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 he 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) STATE OF COLORADO /r ROY ROMER, GOVERNOR }SAE id leE:la,SJ 'B3Y:xCCu FIVE DIRECTOR Position (Title) Chairman Board of County Commissioners . DEPARTMENT 5oci.l secunty Number or Federal ID. Number OF y Attest (Seal) U w�AwA/w�i/_n_/1 B « 197KJ4t-cam 2 � ws crte Secm.ry,n E9uindem.T wn/C.4YYCounty Clcd APPROVALS ATTORNEY GENERAL CONTROLLER By By 880942 Pare 12 which re the lea,R 12 panes ' l4}{\01 Imbr Revised I!abl 'Fe munurt.m i•i ,n,,.. ads III'III 1444 II E)CHIBIT A •1 Scope of Services 880942 EXHIBIT A 1 . Scope of Services a. General Provisions. This Project consists of providing Community Development Block Grant (CDBG) funds to the County of Weld, hereinafter referred to as the Contractor, for the developement and administration of a single-family owner-occupied housing rehabilitation program and a single family owner-occupied alternative relocation program, which addresses the CDBG program objective of benefit to low and moderate income persons in the Town of Galeton set forth in the attached map, such that: 1 ) Housing rehabilitation policies will be developed and approved by the Contractor which define the criteria and manner by which the program will be administered . Such policies will include, but not be limited to, establishing the purpose of the program, designated authority, eligibility requirements for financial assistance, includable costs for CDBG funded rehabilitation, CDBG rehabilitation amounts, an advisory committee, use of CDBG funds in conjunction with other rehabilitation funds, CDBG security requirements, emergency repairs, change orders, files and reports, accounting, receipt and selection of applications, contractor qualifications, bidding, selections, contracting procedures, change orders, lien waivers, inspection of work, . program changes, waivers) and/or conflicts and grievance/appeal procedure. Said policies will be reviewed during the project monitoring by the State. 2) The Contractor agrees to the rehabilitation of approximately 16 single family owner-occupied housing units and 1 alternative relocation. 3) The Contractor shall comply with the administrative requirements set forth in the 1988 Community Development Block Grant Program Grantee Handbook and the 1988 Guide for Housing Rehabilitation and Alternative Relocation, incorporated by reference or as subsequently amended. 4) The method of financing the rehabilitation and alternative relocation shall be through loans, deferred loans, and/or grants to homeowners. 5) The rehabilitation of the single family owner-occupied housing units will address health, safety, energy conservation and structural deficiencies. Upon completion, each rehablitated unit will at a minimum meet the HUD Section 8 Housing Quality Standards for Existing Housing contained in 24 CFR 882,109,. incorporated by reference. 6) The Contractor shall not earn interest on advances of CDBG funds unless funds are contracted for property rehabilitation and a property rehabilitation escrow account has been established. 7) All revenues received by the Contractor during the effective term of this Contract which result directly from the CDBG-assisted activity, including but not limited to principal and interest payments, origination fees, servicing charges, proceeds from the sale of acquired assets, shall be considered program income. All program income shall be retained by the Contractor and added to other funds committed to the Project and shall be used to continue operation of the Project. Page 1 of 2 pages 880942 ¶S ' t ' • \ \ 1871 .AITOtt, ./, i \ \ ' '- - , \�.• % , , _- -•-; J \ ( / ( l.... __ ...04 , :::-..\\„_.... ,..., g ••,.. .. . . .",... , . , . •44.42. .. .4:_„ .. , i / , 1 \ I F I I i .. 5 I \ tt?I27t )li i W 1 , 1 \ \ .f Oitit T7N \'� N% \ EATON ED DISTRICT \ ®W •• \5•MII.Fs BOUNDA$Y '� I ` ; ♦„, .o a ,7\ . .i• WCR7A,. o ....1.1 1. S• _t'4i'r- • T6N Galeto .1 •1 II�P . _. T 6 N --:dZf2 \ -- `' 1 _Xi \_,Sri �UBeJ O I *crier .-•'• '.11 l -try • 1/4-' � ..\..._p„ 7 / Q/e' to , / I i $ ' .. R65W R64W 7-1 . I ° TOWN OF GALETON LOCATION MAP GALETON WATER AND SANITATION DISTRICT WELD COUNTY, COLORADO SCALE: 1 inch = 2,000 feet URBAN ENGINEERING, LTD. 1863 2nd Avenue Greeley, CO 80631 February, 1988 880942 8) All revenues received by the Contractor after expiration of this Contract as a result of the expenditure CDBG funds shall be retained by the Contractor and used to continue the Project, or for some other community development purpose. In the event that the Contractor determines that it is no longer feasible to continue the project, or the revenues are of such an insignificant amount as to preclude accomplishment of another community development purpose, the State has the first option to name and approve a successor in interest and activity. 2. Project Budget. The project budget is as follows: Project Activity Project Funding Weld County Total Cost CDBG Amount Housing Auth. Housing Rehabilitation (14.8) $194,000 $194,000 Alternative Relocation (13.C) $ 11 ,000 $ 4,000 $ 7,000 General Administration (17) $ 40,000 $ 32,000 $ 8,000 TOTALS $245,000 $230,000 $15,000 Total CDBG FUNDS: $230,000 Funds from sources other than CDBG shall not be considered matching funds subject to federal audit requirements. 3. Time of Performance a. The project effective date is October 14,1988. The project shall commence upon said date and shall conclude on or before August 31 , 1989, unless otherwise extended by mutual agreement through a contract modification or by written approval from the Department of Local Affairs. 0741A/0111 Page 2 of 2 pages 880942 • D IIBIT B • It Definition of low and Moderate Lxui Households and Persons • .v 3 ,"790942 Appendix S Mirth 1968 maximal INC9lES aOR "LM-INCOME" MO "IaERATE-INCOME" NCNSENOLOS -- in current (1988) dollars (to to used only for IaOG projects fulled viler the 1988 CORG Program Guidelines) Persons know current household incases do not exceed these maximum income limits ere considered to be Los and macerate incase (LAI) -persons in in the C08G program. NaBG grantees and applicants whose projects involve the individual-. selection and qualification of beneficiaries based on their an-rent Incoees_(as-is the case in Amusing rehabilitation, jab creation and-other_'direct benefit' - projects) at use these incase limits fn determining tether beneficiaries are LMI-persons." COSG-granteea'ard-applicants wing - - Oewrta nt-approved-surveys to obtain Information on the current incases of project-bee al ficiartes fat use e the- ar limits to estimate the LM7 benefit at project activities,- COSG grantees and applicants wing 1979 income data(from the 1980 Casa) to - _ estimate the Li g benefit of project activities are not permittedto use these current (1988) income limits, bit rather must we the 1979 income limits contained in Apache C of the 1988 CRG Program Guidelines and a MW-prescribed methodology. In other tads, _ these current (1988) income limits are to be wad with current Income information, and the 1979 Income limits contained in Appendix C of the 1988 CMG Program Guidelines are to be used with 1979 income data reported in the 198Census._ - Type of - - Machold Site - - - C� NaweAold I Person Person ;; Person 4 Person Liseson Person 7 Person Person SAGUACRE COUNTY Moderate Income 14950 17100 19200 21350 22700 24000 25350 26700 Loam Income 9350 10700 12000 13350 14400 15500 16550 - 17600 SAN JUAN WATT Moderate Income 15400 17600 19800 22000 23400 24750 26150 27500 Low Income - - 9650 11000 12350 13750 14850 15950 17050 18150 SAN NIGUEL COUNTY Moderate Inca 14950 17100 19200 21350 22700 24000 - 25350 26700 Lou Income 9350 10700 12000 13350 14400 15500 • 16550 17600 SEOGNIC[ COURT Moderate Income 14950 17100 19200 21350 22700 24000 25350 26700 Lao Incas 9350 10700 12000 13350 14400 15500 16550 17600 2INIT I»INTY Moderate Ira 22450 25700 3900 32100 34100 36100 38100 40150 Lou Income 14050 16050 18050 20050 21650 23250 24850 - 26450 TELLER COMITY Macerate Income 14950 17100 19200 21350 22700 24000 25350 26700 Lear Income 9350 10700 12000 13350 14400 15500 16550 17607 WASHINGTON COUNTY Moderate Incas 14950 17100 19200 21350 22700 24000 3350 26700 Low Incas 9350 10700 12000 13350 14400 15500 1655017600 - WELD COUNTY aerate Income - 16500 16900 21250 23600 25100 26550 26050 29500 Mod Los Income 10350 11800 13250 14750 15950 17100 13300 1%50 TINA COIAITY Moderato Income 14950 17100 19200 21350 22700 24000 3350 26700 Low Income _, . 9350 10700 12000 13350 14400 15500 16550 17600 . 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