HomeMy WebLinkAbout870076.tiff RESOLUTION
RE: APPROVE AMENDMENT TO 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 Department of Local Affairs has presented an
Amendment to Contract #C856714 , dated May 22 , 1986 , regarding
Community Development Block Grant Funds, a copy of said Amendment
being attached hereto and incorporated herein by reference,
WHEREAS, after review, the Board deems it advisable to
approve said Amendment.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Amendment to
Contract #C856714 , regarding Community Development Block Funds be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Amendment.
The above and foregoing Resolution was, on motion duly made
and seconded , adopted by the following vote on the 4th day of
February, A.D. , 1987.
BOARD OF COUNTY COMMISSIONERS
ATTEST:' . i'fC�n1 WELD COUNTY, COLORADO
Weld County g Fluiw
lerk and Recorder EXCUSED DATE OF SIGNING -AYE
and Clerk to the Board Gordon E. Lacy, Chairman leABY: C.' i , Pr T)1cryx-nta, em
eputy County C erk
APPROVED AS TO FORM: erne R. Brantn-r
V Ja quine J.h .n �1
• t. ---z_
Pr--,5-4-, County Attorney
Frank Yamaguc 1
„/�, 870076
Form 6.AC-02A iR 5,sA illtl "MEN r OR AGENCY NA\IBhR 1 .
32 00 00
CONTR.\CT ROC T ING NUMBER
AMENDMENT 0.7714
COMMUNITY DEVELOPMENT BLOCK GRANT
CONTRACT
THIS CONTRACT, made this _.day of 198 _ . by and between the
State of Colorado for the use and benefit of the Department of .1 Local Affairs
hereinafter referred to as the State. and '2 the County of Weld whose address is P.O. Box
A, 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 1001
Cal. Account Number 50517 , Contract Encumbrance Number C856714 ; and
WHEREAS, required approval. clearance and coordination has been accomplished from and with appropriate
agencies. and
WHEREAS, the State has entered into an agreement with the Contractor to
administer a Community Development Block Grant (CDBG) program to provide
decent, safe and sanitary housing for low/moderate income households in Weld
County, Colorado; and
WHEREAS, it is the intention of the parties to amend the original contract
C856714 because as a result of action by the United States Congress, an
additional $1,338,000.00 of "Small Cities" CDBG funds have been reallocated to
the State; and
WHEREAS, the County of Weld, having an existing viable CDBG program, has
been awarded additional CDBG funds in the amount of $150,000.00 to
rehabilitate additional owner-occupied housing units; and •
1
WHEREAS, the parties have agreed to enter into this contract amendment to
extend the term of the original contract and to make programmatic and
budgetary modifications as required;
NOW THEREFORE, it is hereby agreed that:
1. Consideration for this amendment to the Original Contract CE Number
856714, Contract Routing Number 86-714, dated May 22, 1986 consists of the
payments which shall . be made pursuant to this amendment and the promises and
agreements herein set forth.
2. It is expressly agreed by the parties that this contract is
supplemental to the Original Contract Number C856714, dated May 22, 1986,
which is, by this reference, incorporated and made a part hereof, and all the
terms, conditions and provisions thereof, unless specifically modified herein,
are to apply to this Amendment contract as though they were expressly
rewritten, incorporated and included herein.
3. It is agreed the original contract is and shall be modified, altered
and changed in the following respects only:
a) Paragraph 1 (Area Covered) , page 1 of the original contract be
amended to include the following after the words KERSEY SPANISH
COLONY:
, the area south of census tract 15 adjacent to the Greeley
city limits and the unincorporated communities of Galeton,
Briggsdale and Barnesville.
b) By eliminating and striking out from paragraph 11, (Compensation
and Method of Payment) , page 3 of the original contract the
words and figures TWO HUNDRED THOUSAND DOLLARS ($200,000.00) and
substituting the words and figures THREE HUNDRED FIFTY THOUSAND
DOLLARS ($350,000.00) .
395634F101a 4
Page I nf—pages
'I See mstruc tiuns on reverse or last page.)
c) Exhibit A titled Scope of Services of the original contract
C856714 shall be amended as follows:
1) Sub-paragraph A.1 of the General Provisions to be amended
to read:
This Project consists of providing Community Development
Block Grant (CDBG) funds to the Contractor, the County of
Weld, for a Housing Rehabilitation Project which addresses
the CDBG Program objective of benefit to low and moderate
income persons in the target area(s) in census tracts 15,
22.01, 23 and 24 which includes the communities of Lucerne,
Eaton, Severance, Ault, Pierce, Nunn, Kersey Spanish
Colony, the area south of census tract 15 adjacent to the
Greeley city limits and the unincorporated communities of
Galeton, Briggsdale and Barnesville.
2) By eliminating and striking out from sub-paragraph B.1 the
figure 16 and substituting the figure 29.
3) By eliminating and striking out sub-paragraph C (Project
Budget) and substituting the following:
Project Budget
The project budget is as follows:
Project Activity Project Funding
Total Cost CDBG Amount
Housing Rehabilitation (14) $296,000 $296,000
•
General Admin. (17) $ 54,000 $ 54,000
TOTALS $350,000 $350,000
4) By eliminating and striking out from sub-paragraph D (Time
of Performance) the date June 30, 1987 and substituting the
date December 30, 1987.
4. The effective date of this Contract Amendment is February 28, 1987.
5. In the event of any conflict, inconsistency, variance or incongruity
between the provisions of this Contract Amendment, or any of its attachments
or exhibits, and any of the provisions of the Original Contract, or its
attachments or exhibits, the provisions of this Contract Amendment shall in
all respects supersede, govern and control.
2302A/0024
Page 2 of 4 pages
Form 6-AC-02B SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of
Colorado or such assistant as he may designate. This provision is applicable to any contract involving the pay-
ment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection,
repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public
works for this State,the contractor shall,before entering the performance of any such work included in this con-
tract, duly execute and deliver to and file with the official whose signature appears below for the State, a good
and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-
half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified
corporate surety,conditioned for the due and faithful performance of the contract, and in addition,shall provide
that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, pro-
visions,provendor or other supplies used or consumed by such contractor or his subcontractor in performance of
the work contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the
bond, together with interest at the rate of eight per cent per annum. Unless such bond, when so required, is
executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited,
allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of
Colorado may be accepted in lieu of a bond. This provision is in compliance with 38-26-106 CRS, as
amended.
INDEMNIFICATION
4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its
employees and agents,against any and all claims,damages,liability and court awards including costs,expenses,
and attorney fees incurred as a result of any act or omission by the contractor,or its employees, agents, subcon-
tractors, or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,
as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-402.
CRS 1982 Replacement Vol.),and as required by Executive Order,Equal Opportunity and Affirmative Action,
dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or
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 are employed,and that employees
are treated during employment, without regard to the above mentioned characteristics. Such action shall
include, but not be limited to the following: employment, upgrading,demotion, or transfer, recruitment or
recruitment advertising; lay-oil's 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 3_ of __4 pages
Revised 1I-85
Form 6-AC-02C .
(7) In the event of the contractor's non-compliance with the non-discrimination clauses of this con-
tract or with any of such rules. regulations,or orders,this contract may be cancelled,terminated or sus-
pended in whole or in part and the contractor may he 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 he 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 are undertaken hereunder and are financed in whole or in part by State funds.
b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be
allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or-
required by the state or foreign country in which the non-resident bidder is a resident. If it is determined by the
officer responsible for awarding the bid that compliance with this subsection M6 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 extend necessary to prevent denial of the moneys or to eliminate the
inconsistency with federal requirements (section 8-19-101 and 102, CRS).
GENERAL •
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the
interpretation, execution and enforcement of this contract Any provision of this contract whether or not incor-
•
porated herein by reference which provides for arbitration by any extra-judicial body or person or which is other-
wise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any
provision incorporated herein by reference which purports to negate this or any other special provision in whole or
in part shall be valid or enforceable or available in any action at law whether by way of complaint,defense or other-
wise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of
this contract to the extent that the contract is capable of execution.
8. At all times during the performance of this Contract, the Contractor shall strictly adhere to all applicable
federal and state laws, rules and regulations that have been or may hereafter be established.
9. The signatories hereto aver that they are familiar with 18-8-301, et. seq., (Bribery and Corrupt Influences) • -
and 18-8-401, et. seq.,(Abuse of Public Office), CRS 1978 Replacement Vol., and that no violation of such pro-
visions is present.
10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest what-
soever in the service or property described herein:
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above
written.
Contractor:
(Full Legal Name) Weld County, Colorado STATE OF COLORADO
�fJ RICHARD D. LAMM, GOVERNOR
By
X G 4A •$EXECUTIVE DIRECTOR.
Position (Title) Chair son
84-6000-813 DEPARTMENT
Social Security Number or Federal l.U. Number OF
(If Corporation:)
Attest (/Seal) kt / +L0
nAtarie
By" O37i'Fr�� P(J -�x�
yP,1GY12�Y.�X.Ys $dL County Clerk
APPROVALS
ATTORNEY GENERAL CONTROLLER
By By
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