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Home My WebLink About850614.tiff RESOLUTION RE: APPROVAL OF AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT 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 entered into a Contract for the expenditure of Community Development Block Grant funds to rehabilitate housing located in the Town of Gill, Weld County, Colorado, and WHEREAS, the Board has now been presented with an Amendment to said Contract containing modifications critical for the completion of the Program, and WHEREAS, after review, the Board deems it advisable to approve said Amendment to the Community Development Block Grant Contract for the Town of Gill, a copy being attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Amendment to the Community Development Block Grant Contract for the Town of Gill 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 1st day of May, A.D. , 1985 . MM ta..f ' BOARD OF COUNTY COMMISSIONERS ATTEST: (e�� Lt ' i WELD COUNTY, COLORADO Weld Countylerk and Recorder a\1/4 _ 1X`l�l, and Clerk to the Board ©:cqu ine Joh S n, Chairman ';,p' EXCUSED BY: //lam�y, Gene R. Brantner, Pro-Tem Deputy G'ounty �rk 'APPROVE AS TO FORM: C. b �� , Gal . La / Coun A torne �1 � Frank a hi 850614 - • Form F AU n2A DEPARTMENT OR AGENCY NUMBER CONTRACT ROUTING NUMBER H95 APR 24rnendment to CDBG Project ion CONTRACT Atn6-ndatory 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 'z County of Weld (Gill) 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 parties have heretofore entered into a contract dated May 20, 1983, with Contract Routing Number 33-422 and Contract Encumbrance Number C853332 hereinafter referred to as the original contract, for the expenditure of Community Development Block Grant funds to rehabilitate housing located in the Town of Gill in Weld County; and WHEREAS, the County of Weld requests programmatic and budgetary modifications to said original contract dated May 20, 1983; and WHEREAS, Contractor requests approval from the State to transfer $5,944.00 from Housing Rehabilitation Program funds to administration funds to pay for unanticipated additional audit expenses and additional administration expenses; and WHEREAS, Contractor has determined that the housing unit located at 31237 Third Street, Gill , Colorado, is not suitable for rehabilitation because of its deteriorated condition and is a threat to the health and safety of the owner-occupants; and requests approval from the State to transfer $22,775.00 from Housing Rehabilitation Program funds to establish a new program activity, Alternative Relocation Program, to address the problem; and WHEREAS, Contractor requests an extension of time to complete the program activities; and WHEREAS, Contractor has unobligated program funds remaining; and WHERES, the State and Contractor agree it is necessary to amend the original contract dated May 20, 1983 (attachment A) ; attached hereto and incorporated herein by reference; and WHEREAS, the State and Contractor agree that modifications are critical for the completion of the Program and for addressing the health and safety deficiencies existing in the homes selected for rehabilitation; and WHEREAS, no additional cost will accrue to the State as a result of this amendment; NOW, THEREFORE, it is hereby agreed that: 1 . Part I titled "Scope of Services" in Exhibit A of the Original Contract on page 1 of 2, be amended to read as follows: a. Paragraph I be amended to read: The Contractor's project consists of the development and administration of a housing rehabilitation program and an alternative relocation program for low-and moderate-income households in the areas know as Gill located in Weld County as indicated in the attached Exhibit C. 39533:7-1014 Page I of_4 pages *(See instructions on reverse of last page.) b. The inclusion of the following paragraph which is designated Paragraph III : The alternative relocation program shall consist of a program which will provide financial assistance to low/moderate income owner-occupants whose dwelling unit has been determined to be unsuitable for rehabilitation by Contractor. Program shall include the formulation of policies and procedures adopted by the local governing body. 2. Part II Title "Project Project" in Exhibit A of the Original Contract on Page 1 of 2, be amended to read as follows: Project Budget The project budget is as follows: Project Project Project Funding Activities Costs Amount Source Administration $ 54,944 $ 45,944 CDBG (includes personnel , $ 9,000 Weld County travel , operating costs, Housing Authority capitol outlays, and audit costs) Housing Rehabilitation $219,281 $219,281 CDBG Alternative Relocation $ 22,775 $ 22,775 CDBG Total Project Funding $297,000 $297,000 3. Part III titled "Time of Performance" in Exhibit A of the Original Contract on Page 2 of 2, be amended to read as follows: a. Paragraph I be amended to read: The Project shall commence upon execution of this Contract and shall conclude on or before June 30, 1985. 4. This amendment is effective upon execution. 5. All terms, provisions and conditions of the Original Contract shall remain in full force and effect. Page 2 of 4 pages • Fvr,a&nco2B 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 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 enter ine 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 he 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. deliveredand tiled,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 I within the geographical limits of the State.the rate of wages for all laborers and mechanics employed by the contractor or any ubcontractor 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 he as prescribed by 8-16-101 CRS. as amended. DISCRIMINATION ANI) 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 1224-34-41)' CRS 1982 Replacement Vol.). and as required by Executive Order. Equal Opportunity and Allirmatiye Action,dated April 16. 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or cub-cvturacts. During the performance of this contract. the contractor agrees as follows: (1I 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, rec nli tment or recruitment advertisings. 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 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 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 der,ignee 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 3 of 4 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 contractor may be declared ineligible for further State contracts in accordance with procedures,authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (8) The contractor will include the provisions of paragraph (I) through (8) in every sub-contract and 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. County of Weld STATE OF COLORADO RICHARD D. LAMM, GOVERNOR . (Full Legal Name) Jaccuoline Johnson %, - - By *5 EXECUTIVE DIRECTOR. Contractor By'0— ys->`:1/4"in `""'"r'^ _ 'C \_,,,• 1 DEPARTMENT Position (Title) Chairman OF Social Security Number or Federal I.D. Number (If Corporation:) Attest: (Seal) By Secretary APPROVALS ATTORNEY GENERAL CONTROLLER By.�f� _ /J `� -}�' By ATT[ST`' (?i+n�v f �U3ftt^°1^"i WELD COUNT CLERK AND RECORDER AND CLERK TO THE BOARD S D puty County Clerk 395-5}ol-Io30(Rev a;84) Page_--.4_—_ which is the last of_. 4 pages *see instructions on reverse side. MEMO TO Clerk -to the Board DATE _ 4-26-85 FROM Jim Sheeha.t RE Board approval of Amendment to CDBG Contract Request Board approval of an Amendment to the Community Development Block Grant Program. The changes in Contract are outlined on page two of the Contract . We need signitures on all four copies . . Please notify my office when you plan toschedule this action . WE 01 032 Hello