HomeMy WebLinkAbout890923.tiff RESOLUTION
RE: APPROVE AMENDMENT TO RENTAL REHABILITATION PROGRAM CONTRACT
BETWEEN WELD COUNTY AND COLORADO DEPARTMENT OF LOCAL AFFAIRS,
DIVISION OF HOUSING, AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board did, by Resolution, approve a Contract
between Weld County and the Department of Local Affairs, Division
of Housing, concerning rental rehabilitation in the Towns of
Garden City, Platteville, Keenesburg, Ault, and Frederick, and
WHEREAS, the Board has now been presented with an Amendment
to said Contract which removes Frederick and adds Firestone to the
list of eligible neighborhoods, with the further terms and
conditions being as stated in the Amended Contract, and
WHEREAS, after study and review, the Board deems it adivsable
to approve said Amended Contract, a copy of which is attached
hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Amended Contract
between Weld County and the Department of Local Affairs, Division
of Housing, concerning rental rehabilitation be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Amended Contract.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 23rd day of
August, A.D. , 1989 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELDCOUNTY, COLORADO
Weld County erk and Recorder (ii
and Clerk to the Board C.W. Kirby, airman
EXCUSED
Y: Jac line Johnson, Pro-Tem
eputy County rk
APPROVED AS O FORM: Gene R. Bra ner
George /� J
County Attorney (�
Gorda#
890923
DEPA !ENT OR AGENCY NUMBER
Form 6-AC-02A(R 1/88)
CONTRACT ROUTING NUMBER
. G I
RENTAL REHABILITATION
FIRST CONTRACT AMENDMENT
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,
1313 Sherman Street, Room 623, Denver, Colorado 80203
hereinafter referred to as the State and .2 Weld County Housing Authority, P.O. Box A,
Greeley, Colorado 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 State has entered into an agreement with the Contractor to
administer a federally funded Rental Rehabilitation Program (RRP) grant
to provide decent, safe and sanitary rental housing for occupancy by
low/moderate income households in Weld County, Colorado; and
WHEREAS, it is the intention of the parties to amend the Original Contract
dated June 29, 1989, due to a correction as to the eligible neighborhoods.
NOW THEREFORE, it is hereby agreed that:
1 . Consideration for this first amendment to the Original Contract CE
Number C859251 , Contract Routing Number 89-352 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, 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
Contract Amendment as though they were expressly rewritten, incorporated and
included herein.
Page 1 of 4 pages
395-53-01-1014 •(See instructions on reverse of last page)
890923
� J
3. It is agreed the Original Contract is and shall be modified, altered
and changed in the following respects only:
a) Paragraph 1 . ELIGIBLE NEIGHBORHOODS. is amended by removing the city
designation of "Frederick" and adding the city designation of "Firestone" to
the list of eligible neighborhoods.
4. 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 .
Page 2 of 4
890923
Form I-4(-1128
SPECIAL PROVISIONS
('O\TROLLER'~ APPROVAI.
I. This contract shall not he deemed s alid until it shall have been approved hx the Controller of the State of Colorado or such assistant as he may designate.This
pro'Isom is applicable to any contract ins ols ing the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations tit the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted and otherwise
made as ailahle.
BOND REQUIREMENT
3. It this contract im oh es the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building,
road.bridge.i iaduct.tunnel,exca'atton or other public works for this State,the contractor shall,before entering the performance of any such work included in this
contract.dull esecute and deliver to and file w oh the official whose signature appears below for the State.a good and sufficient bond or other acceptable surety to be
apprm ed 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 dub pars for am labor,materials.team hire,sustenance,provisions.provendor or other supplies used or consumed by such contractor or his subcontractor in
perlormance 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,no claim in favor of the contractor arising under this contract
shall he audited,allowed or paid.A certified or cashiers 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 crmpliance 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. 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
discrmination 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 I6. 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-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 advenisements 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 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.
(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 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 contact 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 1/88 page_3_ofd pages pc-Jo-Don-as
890923
Form 6-AC-02C
e(7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contractor or with any of such rules,regulations,or orders.this
contract may be cancelled,terminated or suspended 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 Opponunity and
Affirmative Action of April 16. 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law.
(8) The contractor will include the provisions of paragraph(1)through(8)in 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 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 contractor becomes invoked
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
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.
b. When 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 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 pan 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 Name) STATE OF COLORADO
7 ROY ROMER, GOVERNOR
1fjA tr By
•5 EXECUTIVE DIRECTOR
Position (Title)
Social Security Number or Federal I.D.Number DEPARTMENT
(If Corporatio OF
•
Attest (Seal) � Qief.tC�.(irkJ
)
/l"Tlvlrt-f c: �r.Lc cif
Corporate Secretary or Eouivalea4Tov.n/City/coumy Clerk
APPROVALS
ATTORNEY GENERAL CONTROLLER
By By
J93-S]-0I-1 OJO(Revised I/88l Page 4 which is the last of 4 pages
flee instructions on reverse Ode' DG10-2305a-88
830923
Hello