HomeMy WebLinkAbout850619.tiff RESOLUTION
RE: APPROVE AMENDED CONTRACT BETWEEN WELD COUNTY AND DEPARTMENT
OF LOCAL AFFAIRS CONCERNING COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS FOR THE TOWN OF KERSEY 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 of County Commissioners of Weld County,l
Colorado, on the 16th day of July, 1984 , approved a contract
between Weld County, Colorado, and the Department of Local Affairs
concerning Community Development Block Grant funds for the Town of
Kersey, and
WHEREAS, the Board has received an amendment to the Contract,
and
WHEREAS, said amendments are as stated in the Contract, a
copy of which is attached hereto and incorporated herein by
reference, and
WHEREAS, after study and review, the Board deems it advisable
to approve the amendment to said Contract and authorize the
Chairman to sign same.
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 concerning
Community Development Block Grant funds for the Town of Kersey be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign same.
asooi9
Page 2
RE: AMENDED CONTRACT - KERSEY CDBG
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 7th day of
August, A.D. , nvvv et' '/1985 .
BOARD OF COUNTY COMMISSIONERS
ATTEST Q7Q
�f WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board Jscq line o. nson, Chairman
-1
r EXCUSED
BY.:- Gene R. Brantner, Pro-Tem
eputy County Clerk
•
APPROVED AS TO FORM: C.W. K
County Attorney Cam/
Frank Ya ag i
Form 6-AC-02A DEPARTMENT OR AGENCY NUMBER
CONTRACT ROUTING NUMBER
AMENDMENT TO
Can'FI AJCEET T -
Amendatory
THIS CONTRACT, made this day of 19 _, by and between the
State of Colorado for the use and benefit of the Department of 't Local Affairs
hereinafter referred to as the State, and 'a 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 parties have heretofore entered into a contract dated July
16, 1984 with Contract Routing Number 84-471 and Contract Encumbrance Number
C854471 herein after referred to as the original contract, for the expenditure
of Community Development Block Grant (CDGB) funds to provide decent, safe and
sanitary housing for low/moderate income households in Weld County, Colorado;
and
WHEREAS, Contractor requests programmatic and budgetary modifications to
said original contract which are necessary for the successful completion of
the program; and.
WHEREAS, Contractor requests the acquisition and relocation activities as
contained in the Scope of Services be changed to optional relocation housing
activity; and
WHEREAS, Contractor requests the expansion of the program boundaries
because the number of applicants qualifying for assistance has been
substantially lower than expected; and
WHEREAS, Contractor requests the transfer of $4,500 from rehabilitation
budget activity (14.B) to directly related administration budget activity
(14.A) to cover the ' additional administrative expenses associated with the
expansion of the program boundaries; and
WHEREAS, the State and Contractor agree it is necessary to amend the
original contract dated July 16, 1984 (attachement A) , attached hereto and
incorporation herein by reference; and
WHEREAS, no additional financial obligations will accrue to the State as a
result of this contract amendment;
NOW THEREFORE, it is hereby agreed that:
1 . The original contract is amended in the following manner only:
A. Part 1 titled "Scope of Services" in Exhibit A of the Original
Contract on page 1 of 1 , be amended as follows:
1 . Paragraph 1 be amended to read:
The Contractor's project consists of the following activities in
the Town of Kersey, the unincorporated Town of Gill and in the
County of Weld Census Tracts 16, 23, and 24 as identified in the
attached maps.
395-53011014 Page I of_4 pages
•(See instructions on reverse of last page.)
2. Paragraph "B" be deleted in its entirety.
3. Th€ inclusion of the following paragraph which is .designated "B"
•
The development and implementation optional relocation housing
activity to provide financial assistance to the pre-identified
low/moderate income household in the Town of Gill whose dwelling
has been determined by Contractor to be unsuitable for
rehabilitation. Activity shall include the formulation of
policies and procedures adopted by the local governing body.
4. The addition of Census Tracts 16, 23 and 24 to Paragraph "C".
B. Part 2 titled "Project Budget" in Exhibit A of the Original Contract
on page 1 of 1 be amended as follows:
Project Budget
The project budget is as follows:
Project Project Project Funding
Activities Costs Amount Source
General Administration ( 7) $ 15,615 $ 15,615
Rehabilitation of Owner-Occupied
Residential Properties (14) $254,385 $254,385
Rehabilitation (14.6) $221 ,500
Directly Related Admini- $ 32,885
stration 14.A)
Optional Relocation (13)
Relocation Assistance (13.B) $ 25,000 $ 25,000
Total $295,000 $295,000
2. All terms, provisions and conditions of the Original Contract shall remain
in full force and effect.
Page 2 of 4 pages
Form 6-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 dhhe 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 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 got 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 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 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 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. 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.
to. 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 Weell�(Yd�Y'�Q�� By
9 EXECUTIVE DIRECTOR.
Contractor y;
Position (Title) Chairman
DEPARTMENT
OF •
Social Security Number or Federal I.D. Number
(If Corpor tion:)
•
Attest: (Seal o Q:f ll/tC
cp y O7?�I7t Cf!/ (.2„,
c.y�
puty'•county Clerk APPROVALS
ATTORNEY GENERAL CONTROLLER
By BY
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MEMO TO: CLERK TO THE BOARD DATE: 7-29-b)
JIM SHEEHAN RE: AMENDMENT TO KERSEY CONTRACT
FROM:
Request that you place on the Agenda for the Commissioners approval, an
amendment to the Kersey CDBG Contract: The amendment provides:
A. Combining previously approved acquisition/relocation activities
into one activity called optional relocation. The intent or nat—
ure of the activity is still the same.
B. Expands the boundaries of the CDBG program relevant to rehabili—
tation to include Census Tracts 16, 23, and 24. This includes the
communities of Pierce, Nunn and Ault in addition to Kersey.
C. Combines administrative fee categories from 4 separate accounts
to 2. Also adds $4500. to administration for the costs of expanding
the program boundaries.
Request that the Chairman be authorized to sign the four copies of the amendment,
WE 01-032
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