HomeMy WebLinkAbout851109.tiff RESOLUTION
RE: APPROVAL OF CONTRACT CONCERNING RENTAL REHABILITATION BETWEEN
WELD COUNTY AND DEPARTMENT OF LOCAL AFFAIRS AND AUTHORIZATION
FOR CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS , the Board has been presented with a Contract
concerning rental rehabilitation in the Towns of Evans , La Salle
and Garden City between Weld County and the Department of Local
Affairs , and
WHEREAS , after review, the Board deems it advisable to
approve said Contract, a copy of which is attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Contract for
rental rehabilitation between Weld County and the Department of
Local Affairs be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Contract.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 15th day of
May, A.D. , 1985 .
��� � ��• BOARD OF COUNTY COMMISSIONERS
�ATTEST: � '4,4 01 WELD COUNTY, COLORADO
Weld County Cilerk and Recorder
and Clerk to the Board gigy ine Jo son, Chairman
e �Z rir%YY!"-S,
Gene R. Brantner, Pro-Tem
puty County C k ,.�J
APPROVED AS TO FORM: C.W. Kirby
EXCUSED
----- 57‘___. Gordo E. L cy
County Attorney /� ��/ � ��-��
Frank Yam uchi
851109
//
'corm 6-AC-02A DEPARTMENT OR AGENCY NUMBER
CONTRACT ROUTING NUMBER
CONTRACT
THIS CONTRACT, made this day of 197_, by and between the
State of Colorado for the use and benefit of the Department of '' Local Affairs
hereinafter referred to as the State, and .2 County of Weld
hereinafter referred to as the contractor,
WHEREAS, authority exists in the law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment in Fund Number
G/L Account Number . Contract Encumbrance Number ; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS, the United States Government, through Section 17 of the United
States Housing Act of 1937 , 42 U.S.C. 1437o, has established the Rental
Rehabilitation Program ( "RRP") and has allowed each state to elect to
administer such federal funds for its nonentitlement areas; and
WHEREAS, the State of Colorado has elected to administer such funds for
its nonentitlement areas through the Colorado Department of Local Affairs,
Division of Housing, pursuant to C.R.S. 1973, 24-32-705 (1 )(i ) ; and
WHEREAS, the said Division of Housing of State has received requests from
political subdivisions in Colorado for allocations from the federal RRP funds
available to Colorado; and
WHEREAS, in conformity with the requirements of the federal RRP the State
has approved the request for funds of the Contractor;
NOW THEREFORE, it is hereby agreed that:
1 . Eligible Neighborhoods. The Contractor shall perform and accomplish
all necessary work and services as provided under this contract within
eligible neighborhoods of the County of Weld. Eligible neighborhoods are
defined as those in which the median income does not exceed eighty (80)
percent of the median income of the area, and where the rents are likely to
remain affordable to lower income families for a period of five years.
2. Scope of Service. In consideration for the monies to be received
through the State, the Contractor shall undertake the development and
administration of a rental housing rehabilitation program for the benefit of
lower income households in accordance with federal requirements as set forth
in 24 CFR Part 511 and State requirements as stated in the State's "Program
Design" dated January 14, 1985. The Contractor shall do, perform, and carry
out, in a satisfactory and proper manner as determined by the State, all work
elements as indicated below:
a) to identify and select appropriate neighborhood(s) for rehabilitation
of investor-owned properties based on a thorough understanding of the
economic, social , and political dynamics of the community, and the resources
available for the rehabilitation effort;
b) to develop a strategy for marketing the program to investors of
rental properties occupied, or available for occupancy, by lower income
households;
c) to develop a strategy for marketing the program to financial
institutions willing and able to lend to investors of these properties;
d) to develop procedures for evaluating projects based on eligibility
and feasibility criteria as outlined in the State's "Program Design" dated
January 14, 1935 and for determining any local priorities to be considered in
the awarding of monies to projects;
395-53041014 Page 1 of_111.pages
e(See instructions on reverse of last page.)
e) to determine the financing technique(s) to be used in the program.
The contractor may use one, or any combination, of the following techniques:
i ) deferred payment loan with forgiveness clause;
•
ii ) deferred payment loan with specific terms and conditions for
repayment; and or
iii ) below market interest rate loan.
f) to execute a Memorandum of Understanding with the Public Housing
Agency (PHA) selected by the Contractor to administer the Section 8 Vouchers
received in conjunction with the RRP funds. The Memorandum must outline the
duties and responsibilities of the contractor and the PHA as partners in the
Rental Rehabilitation Program. A copy of this Memorandum must be submitted to
the State. In such instances where the PHA is the agency chosen by the
Contractor to administer both the rental subsidy and the tenant subsidy
portions of the program, this Memorandum is not required;
g) to assist investors in determining the extent and cost of
rehabilitation, in finalizing the bid package, in selecting construction
contractors/subcontractors, in notifying tenants of their rights and
responsibilities under the program, and in arranging financing for the
project. The contractor shall encourage the delegation of appropriate
responsibilities to the private sector and utilize streamlined processing
procedures;
h) to promptly notify the State of projects to be rehabilitated under
the program and to request that the State reserve funds for those projects as
required by the U.S. Department of Housing and Urban Development' s (HUD) Cash
and Management Information System (C/MIS) ;
i ) to develop a schedule for payment of funds for completed construction
work through drawdowns of project funds reserved through C/MIS;
j ) to promptly complete all reports required by HUD and the State .
3. Responsible Administrator. The performance of the services required
herein shalt be the responsibility of the Housing Authority of Weld County,
under the direct supervision of James Sheehan, Executive Director, an employee
or agent of the Contractor, who is hereby designated as the
administrator-in-charge of this Program. At any time the
administrator-in-charge ceases to be responsible for the administration of the
RRP, all work shall be suspended until the Contractor assigns a mutually
acceptable replacement.
4. Time of Performance. This Contract shall become effective upon
proper execution of this Contract. The work described herein shall commence
as soon as practicable after execution of this Contract. The Contrator agrees
that thirty-five (35) percent of the funds awarded under this Contract shall
be committed to local projects on or before December 31 , 1985; seventy (70)
percent of its funds shall be committed to local projects on or before March
31 , 1986; and one hundred (100) percent of its funds shall be committed to
local projects on or before May 31 , 1986. "Commitment of funds" means a
legally binding agreement between the Contractor and an owner under which the
Contractor agrees to provide rental rehabilitation grant amounts to the owner
for a project that can reasonably be expected to start construction within 90
days of that agreement.
5. Obligation, Expenditure and Disbursement of Funds.
a) Prior Expenses. Expenses incurred by the Contractor in association
with the RRP prior to execution of this Contract are not eligible RRP
expenditures.
b) Administrative Expenses. Administrative costs incurred by the
Contractor in carrying out its responsibilities under the RRP are not eligible
RRP expenditures. These administrative costs include, but are not limited to,
staff and consultant salaries, operating and travel expenses.
Page 2 of 10 pages
c) Rehabilitation Expenses. The Contractor shall identify a local
financial institution to serve as the depository of RRP funds. After
selection of a project, no later than the day of loan closing, the Contractor
shall notify the State to establish a project account with the C/MIS.
Thereafter, the 'Contractor assumes responsibility for requesting drawdowns
against that account to pay eligible rehabilitation costs. These requested
amounts shall be electronically transferred by HUD directly to the
Contractor's designated depository. Disbursements are conditioned upon the
submission of satisfactory information about the project to HUD by the
Contractor and upon compliance with other procedures specified by HUD.
6. Compensation and Method of Payment. The State agrees to establish an
account with C/MIS in the Contractor's name in the amount of One Hundred
Thirty Thousand Dollars ($130,000.00) . In addition, the State agrees to
facilitate the provision of 26 Section 8 Vouchers to the Housing Authority of
Weld County. An Annual Contribution Contract for the vouchers shall be signed
between the State and HUD directly.
7. Lower Income Benefit. The Contractor agrees that one hundred (100)
percent of its RRP funds shall be used to benefit lower income families. The
100% benefit standard may be reduced to seventy (70) percent if the Contractor
certifies to the State in writing that the reduction is necessary to meet one
or both of the following objectives:
a) to minimize the displacement of tenants in projects to be
rehabilitated;
b) to provide a reasonable margin for error due to unforseen, sudden
changes in neighborhood rents; failure to complete rehabilitation of projects
due to unanticipated circumstances; or other reasonable contingencies.
8. Priority to Large Families. The Contractor agrees to ensure that an
equitable share of its federal fiscal year 1985 RRP funds shall be used to
rehabilitate units occupied by families with children, particularly families
requiring three or more bedrooms, by giving priority consideration to those
proposals. The State will consider this requirement satisfied if at least 15
percent of the units rehabilitated by the Contractor using federal fiscal year
1985 RRP funds are units of three or more bedrooms.
9. Tenant Assistance Policy Requirement. Within thirty (30) days of
execution of this contract, the contractor shall adopt the State's Tenant
Assistance Policy, amending the policy as needed to account for local
directives, policies, or concerns. The Contractor shall submit to the State a
copy of this amended policy for its approval .
10. Affirmative Marketing Plan Requirement. Within sixty (60) days of
execution of this contract, the Contractor shall develop a plan describing the
methods and procedures that will be used to ensure the affirmative marketing
of rehabilitated units and for assessing the investor's affirmative marketing
efforts, and the corrective actions that will be taken if an investor fails to
follow these affirmative marketing procedures. The Contractor shall submit to
the State a copy of this plan for its approval .
11 . Financial Management. At all times, from the effective date of this
contract until completion of this contract, the Contractor shall comply with
the requirements of C/MIS as stated in HUD Notice 84-8, dated September 17,
1984. Contractor's financial management system must be consistent with the
OMB Circular A-102, Attachment G.
12. Audit
a) Discretionary Audit. The State, through the Director of the Division
of Housing, the State Auditor, or any of their duly authorized
representatives, including an independent Certified Public Accountant of the
State's choosing, or through the federal government or any of its properly
delegated or authorized representatives shall have the right to inspect,
examine, and audit the Contractor's (and any subcontractor's) records, books,
accounts and other relevant documents. Such discretionary audit may be
requested at any time and for any reason from the effective date of this
Page 3 of 10 pages
Contract until five (5) years after the date final payment for this Program is
received by the Contractor, provided that the audit is performed during normal
business hours and further provided that in the event any such audit is in
process or action pending as a result of information discovered during the
performance of said audit, then the right to inspect, examine and audit shall
continue until the conclusion thereof, or the conclusion of any legal action
resulting therefrom.
b) Mandatory Audit. Whether or not the State calls for a discretionary
audit as provided above, the Contractor shall include the Program in an annual
audit and audit report as required by the Colorado Local Government Audit Law,
C.R.S. 1973, 29-1-601 , et seq. Such audit report shall be simultaneously
submitted to the State and the State Auditor. Thereafter, the Contractor
shall supply the State with copies of all correspondence from the State
Auditor related to the relevant audit report. If the audit reveals evidence
of non-compliance with applicable law, the State reserves the right to
institute compliance or other appropriate proceedings notwithstanding any
other judicial or administrative actions filed pursuant to C.R.S. 1973,
29-1-607 or 29-1-608.
13. Contractor, An Independent Contractor. Contractor shall undertake
the performance of all work and services herein set forth as an independent
contractor and not as an agent, servant or employee of the State. Contractor
shall have no authorization, express or implied, to bind the State to any
agreements, settlements, liability or understanding except as expressly set
forth herein.
14. Indemnification. Contractor, in consideration for State's promises
herein set forth, promises to indemnify, save and hold harmless and defend
State, and all of its employees and agents, acting officially or otherwise,
from any and all liability, claims, demands, actions, debts and attorney fees
arising out of, claimed on account of, or in any manner predicated upon loss
or damage to the property of and injuries to, or death of all persons
whatsoever, which may occur, or is sustained in connection with the
performance of this Contract, or by conditions created thereby, or based upon
any violation of any statute, ordinance, or regulation, and the defense of any
such claims or actions.
15. Personnel . The Contractor represents that it has, or will secure at
its own expense, all personnel , as employees or agents of the Contractor,
necessary to perform the work and services required to be performed by the
Contractor under this Contract. Such personnel may not be employees of, or
have any contractual relationship with the State. All of the services
required hereunder will be performed by the Contractor or under its
supervision, and all personnel engaged in the work shall be fully qualifed and
shall be authorized under State and local law to perform such services.
17. Suspension. If the Contractor fails to comply with any contractual
provision, the State may, after notice to the Contractor, suspend the contract
and authorize the withholding of further payments or prohibit the Contractor
from incurring additional obligations of contractual funds, pending corrective
action by the Contractor or a decision to terminate in accordance with
Paragraph 16 below. The State may determine to allow such necessary and
proper costs which the Contractor could not reasonably avoid during the period
of suspension provided such costs were necessary and reasonable for the
conduct of this project.
18. Termination. This contract may be terminated as follows:
a) Termination Due to Loss of Funding. The parties hereto expressly
recognize that the Contractor is to be paid with federal RRP funds provided to
the State for the purpose of contracting for the services provided for herein,
and therefore, the Contractor expressly understands and agrees that all its
rights, demands and claims to payment arising under the Contract are
contingent upon receipt of such funds by the State. In the event that such
funds or any part thereof are not received by the State, the State may
immediately terminate or amend this Contract.
b) Termination for Cause. If, through any cause, the Contractor shall
fail to fulfill in a timely and proper manner his obligations under this
Contract, or if the Contractor shall violate any of the convenants,
agreements, or stipulations of this Contract, the State shall thereupon have
the right to terminate this Contract for cause by giving written notice to the
Page 4 of 10 pages
Contractor of such termination and specifying the effective date thereof, at
least five (5) days before the effective date of such termination.
Notwithstanding the above, the Contractor shall not be relieved of liability
to the State for •any damages sustained by the State by virtue of any breach of
the Contract by the Contractor, and the State may withhold any payments to the
Contractor for the purpose of setoff until such time as the exact amount of
damages due the State from the Contractor is determined.
c) Termination for Convenience. The State may terminate this Contract
at any time the State determines that the purposes of the distribution of RRP
monies under the Contract would no longer be served by completion of the
Program. The State shall effect such termination by giving written notice of
termination to the Contractor and specifying the effective date thereof, at
least twenty (20) days before the effective date of such termination. In that
event, all finished or unfinished documents and other materials pertaining to
the Program shall , at the option of the State, become its property. If this
Contract is terminated due to the fault of the Contractor, Paragraph 15b
hereof relative to termination shall apply.
18. Modification and Amendment This Contract is subject to such
modifications as may be required by changes in federal or state law or
regulations. Any such required modification shall be incorporated into and be
part of this Contract as if fully set forth herein and approved in accordance
with applicable law.
19. Integration. This Contract, as written, with attachments and/or
references, is intended as the complete integration of all understanding
between the parties at this time and no prior or contemporaneous addition,
deletion or amendment hereto shall have any force or effect whatsoever, unless
embodied in a written contract amendment incorporating such changes, executed
and approved pursuant to applicable law.
20. Reports
a) Financial Reports. The Contractor shall submit to the State, within
three (3) days of submission to HUD, one (1 ) copy of each report submitted to
C/MIS.
b) Programmatic Reports. The Contractor shall submit to the State one
(1 ) copy of quarterly programmatic reports and of a final programmatic report
in a manner and method to be prescribed by the State.
c) Affirmative Marketing Report. The Contractor shall submit to the
State one (1 ) copy of an annual report relative to the affirmative marketing
of the rehabilitated units in a manner and method to be prescribed by the
State.
21 . Monitoring and Evaluation. Tne State will monitor and evaluate the
Contract with the Contractor under the RRP. The Contract will be monitored
for compliance with the rules, regulations, requirements and guidelines which
the State and HUD has promulgated or may promulgate and will be monitored
periodically during the operation of the project and upon its completion. The
Contract will also be subject to monitoring and evaluation by the U.S.
Department of Housing and Urban Development. The Contract will be evaluated
to gauge its impact upon lower-income residents of the community, and for the
effective and efficient utilization of RRP funds.
22. Conflict of Interest
a) No employee, officer or agent of the Contractor shall participate in
the selection, or in the award or administration of a contract if a conflict
of interest, real or apparent, would be involved. The Contractor's officers,
employees or agents shall neither solicit nor accept gratuities, favors or
anything of monetary value from contractors, potential contractors, or parties
to subagreements.
b) No employee of the Contractor shall perform or provide part-time
services for compensation, monetary or otherwise, to a consultant or
consulting firm that has been retained by the Contractor under the authority
of this Contract.
Page 5 of 10 pages
c) The Contractor agrees that no person at any time exercising any
function or responsibility in connection with this Program on behalf of the
Contractor shall have or acquire any personal financial or economic interest,
direct or indirect, which will be materially affected by this Contract, except
to the extent that he may receive compensation for his performance pursuant to
this Contract.
d) A personal financial or economic interest includes, but is not
limited to:
-
i ) any business entity in which the person has a direct or
indirect monetary interest;
ii ) any real property in which the person has a direct or indirect
monetary interest;
iii ) any source of income, loans, or gifts received by or promised
to the person within twelve (12) months prior to the execution
date of this Contract;
iv) any business entity in which the person is director, officer,
general or limited partner, trustee, employee, or holds any
position of management.
e) For purpose of this Paragraph 21 , indirect investment or interest
means any investment or interest owned by the spouse, parent, brother, sister,
son, daughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, or
daughter-in-law of the person, by an agent on his/her behalf, by a general ,
limited or silent partner of the person, by any business entity controlled by
said person, or by a trust in which he/she has substantial interest. A
business entity is controlled by a person if -that person, his/her agent, or a
relative as defined above possesses more than fifty (50) percent of the
ownership interest. Said person has a substantial economic interest in a
trust when the person or an above-defined relative has a present or future
interest worth more than One Thousand Dollars ($1 ,000).
f) In the event a conflict of interest, as described in this Paragraph
21 , cannot be avoided without frustrating the purposes of this Contract, the
person involved in such a conflict of interest shall submit to the Contractor
and the State a full disclosure statement setting forth the details of such
conflict of interest. In cases of extreme and unacceptable conflicts of
interest, as determined by the State, the State reserves the right to
terminate the Contract for cause, as provided in Paragraph 16 above. Failure
to file a disclosure statement required by this Pargarph 21 shall constitute
grounds for termination of this Contract for cause by the State.
23. Compliance with Applicable Laws. At all times during the performance
of this Contract, the Contractor and any subcontractors shall strictly adhere
to all applicable federal and state laws, rules, orders, and all applicable
standards, regulations, interpretations or guidelines issued pursuant
thereto. The applicable federal laws and regulations include, but are not
limited to the following:
a) National Environmental Policy Act of 1959 (42 USC 4321 et seq. ), as
amended, and the implementing regulations of HUD (24 CFR Part 58I—an d of the
Council on Environmental Quality (40 CFR Parts 1500 - 1508) providing for
establishment of national policy, goals and procedures for protecting,
restoring and enhancing environmental quality.
b) Davis-Bacon Fair Labor Standards Act (40 USC 276a - 276a-5) requiring
that on all contracts and subcontracts for federally-assisted rehabilitation,
laborers and mechanics employed by contractors or subcontractors shall be paid
wages at rates not less than those prevailing on similar construction in the
locality as determined by the Secretary of Labor. (This requirement applies
to the rehabilitation of residential property only if such property contains
twelve (12) or more dwelling units).
c) Contract Work Hours and Safety Standards Act of 1962 (40 USC 327 et
seq. ) requiring that mechanics and laborers employed on federally-assisted
contracts which exceed $2,000 be paid wages of not less than one and one-half
times their basic wage rates for all hours worked in excess of eight in a
calendar day or forty in a work week, whichever is greater.
Page 6 of 10 pages
d) Copeland "Anti-Kickback" Act of 1934 (40 USC 276 (c) ) prohibiting
and prescribing penalties for "kickbacks" of wages in federally-financed or
assisted construction activities.
•
e) The Lead-Based Paint Poisoning Prevention Act -- Title IV (42 USC
4831 ) prohibiting the use of lead-based paint in residential structures
constructed or rehabilitated with federal assistance, and requiring
notification to purchasers and tenants of such housing of the hazards of
lead-based paint and of the symptoms and treatment of lead-based paint
poisoning.
f) Section 3 of the Housing and Community Development Act of 1968 (12
USC 1701 (u)) , as amended, providing that, to the greatest extent feasible,
opportunities for training and employment that arise through HUD-financed
projects, will be given to lower-income persons in the project area, and that
contracts be awarded to businesses located in the project area or to
businesses owned, in substantial part, by residents of the project area.
g) Section 109 of the Housing and Community Development Act of 1974 (42
USC 5309), as amended, providing that no person shall be excluded from
participation (including employment), denied program benefits or subjected to
discrimination on the basis of race, color, national origin or sex under any
program or activity funded in whole or in part under Title I (Community
Development) of the Act.
h) Title VI Of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 USC 2000
(d)) prohibiting discrimination on the basis of race, color, or national
origin in any program or activity receiving federal financial assistance.
i ) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284; 42 USC
3601 ), as amended, popularly known as the- Fair Housing Act, prohibiting
housing discrimination on the basis of race, color, religion, sex, or national
origin, and requiring HUD to administer its programs in a manner which
affirmatively promotes fair housing.
j ) Executive Order 11246 (1965) , as amended by Executive Order 11375,
prohibiting discrimination on the basis of race, color, religion, sex or
national origin in any phase of employment during the performance of federal
or federally-assisted contracts in excess of $2,000.
k) Executive Order 11063 (1962) , as amended by Executive Order 12259,
requiring equal opportunity in housing by prohibiting discrimination on the
basis of race, color, religion, sex or national origin in the sale or rental
of housing built with federal assistance.
1 ) Section 504 of the Rehabilitation Act of 1973 (29 USC 793) , as
amended, providing that no otherwise qualified individual shall , solely by
reason of a handicap, be excluded from participation (including employment) ,
denied program benefits or subjected to discrimination under any program or
activity receiving federal funds.
m) Age Discrimination Act of 1975, (42 USC 6101 ), as amended, providing
that no person shall be excluded from participation, denied program benefits
or subjected to discrimination on the basis of age under any program or
activity receiving federal funds.
24. Severability. To the extent that this Contract may be executed and
performance of the obligations of the parties may be accomplished within the
intent of the Contract, the terms of this Contract are severable, and should
any term or provision hereof be declared invalid or become inoperative for any
reason, such invalidity or failure shall not effect the validity of any other
term or provision hereof. The waiver of any breach of a term hereof shall not
be construed as waiver of any other term.
25. Binding on Successors. Except as herein otherwise provided, this
agreement shall inure to the benefit of and be binding upon the parties, or
any subcontractors hereto, and their respective successors and assigns.
26. Subletting, Assignment or Transfer. Neither party nor any
subcontractors hereto may sublet, sell , transfer, assign or otherwise dispose
of this Contract or any portion thereof, or of its rights, title, interest or
duties therein, without the prior written consent of the other party. No
subcontract or transfer of Contract shall in any case release the Contractor
of liability under this Contract.
Page 7 of 10 pages
27. Minority Business Enterprise Participation. It is the policy of the
State of Colorado that minority business enterprise shall have the maximum
practicable opportunity to participate in the performance of its construction
grant contracts. The Contractor agrees to use its best efforts to carry out
this policy to • the fullest extent practicable and consistent with the
efficient performance of this contract. As used in this contract, the term
"minority business enterprise" means a business, at least 50 percent of which
is owned by minority group members or, in the case of publicly owned
businesses, at least 51 percent of the stock of which is owned by minority
group members. For the purposes of this definition, minority group members
are Negroes or Black Americans, Spanish-speaking Americans, Asian Americans,
American Indians, American Eskimos and American Aleuts. The Contractor may
rely on written representations by bidders, contractors, and subcontractors
regarding their status as minority business enterprises and need not conduct
an independent investigation.
28. Applicant Statement of Assurances and Certifications. The Contractor
has ement of Assurances and
Certification"1 y executed
attached an is at c"Applicant hedheret, incorporated and made a part
hereof as if fully set forth herein, and is identified for reference as
Attachment A.
Page 8 of 10 pages
Form&AC-02B 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 payment 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,main-
tenance,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 contract,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- provisions, provendor or other supplies used or consumed by such contractor or his subcontractor in perfor-
mance 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.
MINIMUM WAGE
4. Except as otherwise provided by law,if this contract is in excess of one hundred fifty thousand dollars and requires
or involves the employment of laborers or mechanics in the construction,alteration or repair of any building or other public
works (except highways. highway bridges- underpasses and highway structures of all kinds or contracts for any purpose to
which the state department of highways or the chief engineer is a party)within the geographical limits of the State.the rate of
wages for all laborers and mechanics employed by the contractor or any subcontractor on the building or other public works
covered under the contract shall not be less than the prevailing rate of wages for work of a similar nature in the county,city
and county,or municipality of the State in which the building or other public works is located. The prevailing rate of wages
and the resolution of any disputes resulting therefrom shall be as prescribed by 8-16-101 CRS. as amended.
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-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 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 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 discriminatory or obstruct or prevent any person from
complying with the provisions of this contract or any order issued thereunder;or attempt,either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
395.53-01-1022 page 9 of 10 pages
Form 6-AC-02C
(7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with
any of such rules,regulations,or orders,this contract may be cancelled,terminated or suspended in whole or in part
and the contractol-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 (1) through (8) in every sub-contract and sub-
contractor 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 sub-
contractor 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 involved in,or is threatened with,litiga-
tion 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. 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.
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpreta-
tion, execution and enforcement of this contract. Any provision of this contract whether or not incorporated herein by
reference which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws,
rules and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by reference
which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any
action at law whether by way of complaint,defense or otherwise.Any provision rendered null and void by the operation of
this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution.
8. 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.
9. The signatories aver that to their knowledge,no state employee has any 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.
STATE OF COLORADO
RICHARD D. LAMM, GOVERNOR
(Full Legal Name) County of Weld By
��� � �"""' � � '5 EXECUTIVE DIRECTOR.
Contractor Blq ��-atit .
JJ �� DEPARTMENT
Position (Title) OF
Social Security Number or Federal ID. Number
(If Corporation:)
Attest: (Seal)
By
Secretary APPROVALS
ATTORNEY GENERAL CONTROLLER
By By
ATTEST: l0.2. '' L....w� 1 '%.:.2'.wftwn( i
Weld County Clerk and Recorder
and Clerk to the Boar
By.-, MIA-714-.4 „ -: ,4a2) S S
De uty County Cle -k
395-53-01-1030(Rev 8/84) Page 10 which is the last of 10 pages
*See inswctions on reverse side.
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