HomeMy WebLinkAbout860601.tiff RESOLUTION
RE: APPROVE CONTRACT BETWEEN WELD COUNTY , COLORADO, AND
DEPARTMENT OF LOCAL AFFAIRS , STATE 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 has been presented with a Contract between
the Department of Local Affairs , Division of Housing , for
emergency housing repairs, and
WHEREAS, the terms and conditions of said Contract are as
stated in the Contract , a copy of which is attached hereto and
incorporated herein by reference, and
WHEREAS , after review, the Board deems it advisable to
approve said Contract.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County , Colorado, that the Contract between
Weld County and the Department of Local Affairs , State Division of
Housing, for emergency housing repairs 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 2nd day of
July, A.D. , 1986 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: yriaL, 0A„:4-tumatrt,. WELD COUNTY , COLORADO
Weld County CYerk and Recorder
and Clerk to the Board cq i son hairman
BY: irobalirlL Go d cy em
Deputy County lerk
EXCUSED '
APPROVED AS TO FORM: Gene R. Brantne
County Attorney `/11fTl �'�L
Frank amag 1
`,', 860601
Forth 6-AC 02A�R 5,451 4O, 6f rau.-t. frba,>icUiL
DE Pia EN f OR AGENCY NI NBER
00 00
CONTRACT ROI. TING Ni MBFR
128gtifIV2N
HODS !iNG PROJECT
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
hereinafter referred to as the State. and .2 County of Weld, whose address is P,O. Box
758, 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
GM Account Number . Contract Encumbrance Number and
WHEREAS. required approval. clearance and coordination has been accomplished from and with appropriate
agencies: and
WHEREAS, in accordance with 24-32-705 C.R.S. 1973, as amended, State is
empowered to provide funds to public and private non-profit entities to induce
at least equal non-State investments for the construction, rehabilitation and
acquisition of housing for low-income families and persons; and
WHEREAS, Contractor is one of the eligible political subdivision, public
or private non-profit entities to receive State funds; and
WHEREAS, physical conditions exists in houses in Weld County, Colorado
which pose dangers to the health, welfare and safety of low-income
homeowners/occupants; and
WHEREAS, Contractor has as one of its intended purposes to provide
adequate housing and facilities incidental thereto for low-income families and
persons; and
WHEREAS, Contractor has adopted a program to provide adequate housing and
facilities incidental thereto for low-income homeowners occupants and provide
emergency repair assistance and has commitment of One Hundred Sixty Thousand
Dollars ($160,000.00) , for rehabilitation of owner-occupied housing from
non-State sources; and
WHEREAS, State deems it worthwhile to provide State funds to Contractor
for said housing program;
NOW THEREFORE, it is hereby agreed that
1. In consideration for the funds to be received from the State,
Contractor shall do, perform and carry out, in a satisfactory and proper
manner, a program for the emergency repair of approximately six homes owned
and occupied by low-income families to eliminate health and safety
deficiencies which have been determined in writing to be an immediate danger
to the safety and well being of the occupants. No expenses incurred prior to
the execution of this contractshall be reimbursed from said funds, unless
otherwise authorized by the State;
2. State shall pay to Contractor a total amount not to exceed
Twenty Five Thousand Dollars ($25,000.00). Payment schedule shall be as
follows: Payments shall be made, upon request of the Contractor, to meet
actual or obligated expenses. Contractor shall maintain documentation that
said expenses existed at the time of request. Contractor shall also maintain
evidence that said construction work has been satisfactorily completed and
inspected prior to full disbursement of funds for each project. The State
shall determine that all funds received by the Contractor pursuant to this
contract shall have been expended or committed in full compliance with the
terms of this contract, the State shall have the right to terminate this
contract as provided for under Provision Twenty-two (22) hereinafter, and to
recover any uncommitted and ineffectively or improperly used funds;
Page 1 of 5 pages
3. No part of said State share shall be used for program planning,
development or administration;
4. The proposed total funding for said program to provide adequate
housing for low-income households is about One Hundred Eight-Five Thousand
Dollars (985,000.00);1 of which State share is Twenty-Five Thousand Dollars
($25,000.00), and Contractor non-State matching share is about One Hundred
Sixty Thousand Dollars ($160,000.00). In no event shall Contractor non-State
matching share be less than State share;
5. State share shall be its maximum liability, and Contractor shall
pay the entire amount of any costs in excess of said proposed total funding;
6. Contractor shall expend or encumber said State share and at
least an equal amount of said Contractor non-State matching share by June 30,
1987. Any unencumbered State funds remaining in the program account on said
date shall be returned to State;
7. State funds and Contractor non-State matching funds shall be
used for the rehabilitation of housing units for low-income owner-occupants
who have met the income eligibility requirements as set forth in the attached
Exhibit A or as subsequently set forth by eligibility requirements. Other
public and private housing loan and grant funds, including federal and State
energy conservation and weatherization funds, shall be utilized, when
feasible, to complement and supplement said State funds and Contractor
non-State matching funds.
8. State, other appropriate government agency, or any person
designated by such agency, shall have the right to inspect said housing
project provided that such inspection is conducted at a reasonable time and in
a reasonable manner;
9. State, other appropriate government agency, or any person
designated by such agency, shall have the right to review said project
development and operating account, provided that such review is conducted at a
reasonable time and in a reasonable manner;
10. Contractor shall cause said emergency repairs to be performed in
a good workmanlike manner and in conformity with appropriate federal , State,
and local requirements;
11 . In the event that State funds provided to or for the benefit of
a low-income homeowner-occupant exceed Two Thousand Dollars ($2,000.00) ,
Contractor agrees to require owners of the rehabilitated housing to bind
themselves by contract to refund to Contractor any amount derived from State
funds in the event said owners dispose of or cease to occupy the property to
which State funds have been applied. Unless otherwise authorized by State,
such contract shall provide for scheduled, equal , annual decreases in the
amount which the owner shall be required to refund, and such contract shall
remain in effect for at least five (5) years after completion of
rehabilitation of existing housing. Contractor shall record a copy of said
contract with the Clerk and Recorder of the County wherein the real property
is located as an encumbrance and lien on real property, and shall use all
State funds repaid by the owner pursuant to said contract for the same
purposes for which provided by this contract. In the event Contractor ceases
to administer said program, all State funds repaid by owners pursuant to said
contract shall be returned to State;
12. All rehabilitation work undertaken with State funds shall be
competitively bid unless otherwise authorized by State;
13. Contractor shall deposit State funds in a separate federally
insured account. All interest earned on State funds so deposited shall be
used by Contractor for the same purposes for which State funds are provided by
this contract. In the event Contractor is not able to implement or ceases to
administer said program, unencumbered State funds and all interest earned on
State funds shall be returned to State;
Page 2 of 5 pages
14. Contractor shall submit a fiscal and program report quarterly or
prior to requesting draw-down of funds showing project work accomplished and
State and non-State funds expended and remaining in a manner prescribed by the
State;
15. All benefits, obligations and rights either granted or reserved
herein to either party, its representative or designee, shall terminate June
30, 1992 unless extended by consent of both parties;
16. 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, shall have
the right to inspect, examine, and audit the Contractor' s (any any
subcontractor' s) records, book, accounts, and other relevent 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 of final
payment for this Project is received by the Contractor, provided that the
audit is performed durinmg normal business hours;
17. Whether or not the State calls for a discretionary audit as
provided for in the above paragraph, the Contractor shall , at the conclusion
of the program, and in addition to any other reports required, include said
program in Contractor' s regular annual audit and audit report. One copy of
the audit report shall be- submitted to the Division of Housing no later than
180 days after the end of the audit report. If the audit reveals evidence of
non-compliance with the 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. 1974,
29-1 -607 or 29-1 -608;
18. Contractor shall retain complete documentation and records of
all expenditures incurred under this program for a period of at least 3 years
after the termination of this contract, unless otherwise authorized in writing
by the State;
19. Contractor agrees to comply with the letter and spirit of the
Colorado Fair Housing Act of 1959, as amended, and other applicable laws
respecting discrimination in the showing, renting, leasing or sale of housing
or vacant land, including trailer spaces, duplexes and private homes. The law
prohibits discrimination based on race, creed, color, sex, national origin,
ancestry, physical handicap and marital status;
20. Contractor agrees to comply with the letter and spirit of the
Colorado Anti-Discrimination Act of 1957, as amended, as outlined under
Special Provisions, Paragraph 5, Page 4 of this contract;
21 . 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 or any statute,
. ordinance, or regulation, and the defense of any such claims or actions.
22. The State may, by giving fifteen (15) days notice, terminate
this contract, in whole or in part, for cause which shall include, but is not
limited to: 1 ) failure of Contractor to fulfill in a timely and proper manner
its obligations under this contract, including compliance with approved State
conditions and statutes; 2) ineffective or improper use of funds provided
under this contract. 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 payment to the
Contractor for the purpose of set-off until such time as the exact amount of
damages due the State for the Contractor is determined.
Pace 3 of 5 paces
Form 6-AC-02R 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 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 arc employed,and that employees
arc treated during employment, without regard to the above mentioned characteristics. Such action shall
include, but not he 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 he 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 al) 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 he 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 4 of 5 pages
Revised 11-85 9 +..;... ..
5
Form 6-AC-02C
(7) In the event of the contractors non-compliance with the non-discrimination clauses of this con-
tract or with any of such rules, reeulations,or orders,this contract may be cancelled, terminated or sus-
pended 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(1)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.06 may cause denial of federal funds
which would otherwise he 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) County of Weld STATE OF COLORADO
RICHARD D. LAMM, GOVERNOR
Board of County Commissioners
By
By• i '- EXECUTIVE DIRECTOR.
Position (Title) Chairperson
County Commissioners
84-6000-813 DEPARTMENT
sumn<,or r-eu.r,i I o sumher OF
(If Corporation:)
Attest tSea ;,U14.tri
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XXXXXXXXXXXXXXXX X
APPROVALS
ATTORNEY GENERAL CONTROLLER
By By
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WELD COUNTY HOUSING AUTHORITY
PHONE(303)352 1r
arm P.O. BOX A
GREELEY, COLORADO 80632
COLORADO
MEMORANDUM
DATE: June 27, 1986
TO: Clerk to the Board
FROM: Jim Sheehan
I would like to request Board consideration of a Housing Contract
for Emergency Housing Repairs with the State Division of Housing.
I have enclosed four copies of the Contract which must be signed
and attested by the County. Upon approval by the Board all four
copies must be forwarded to the State for their approval.
Please let me know when this item will be placed on the agenda.
EQUAL HOUSING OPPORTUNITY-
86Ut,Ul
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