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Home My WebLink About921044.tiff RESOLUTION RE: APPROVE SECOND AMENDMENT CONTRACT FOR CDBG FUNDS AND AUTHORIZE CHAIRMAN TO SIGN - WELD/LARIMER REVOLVING LOAN FUND 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 Second Amendment Contract for Community Development Block Grant (CDBG) funds for the Weld/Larimer Revolving Loan Fund with the Colorado Department of Local Affairs, with the terms and conditions being as stated in said contract, 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 Second Amendment Contract for Community Development Block Grant (CDBG) funds for the Weld/Larimer Revolving Loan Fund with the Colorado 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 28th day of October, A.D. , 1992. BOARD OF COUNTY COMMISSIONERS ATTEST: Left / ri WELD COUNTY, COLORADO ecdn Weld County Clerk to the Board Geeooyje Ke nedy, Chairman BY: Deputy Cler to the Board Constance L. Harbert, Pro-Tem APPROVED TO FORM: !A C. W. K'r y tt County Attorney Gor . L cy W. H. Webs er 921044 .CTc'ns'g' cc2 F12'((lLr), lfG , Auu DEPARTMENT OR AGENCY NUMBER NAA Form 6-AC-021(R 5/85) CONTRACT ROUTING NUMBER CDBG 89-685 _GRANT BUDGET LINE SECOND AMENDMENT CONTRACT THIS CONTRACT, made this day of 19 , by and between the State of Colorado for the use and benefit of the Department of Local Affairs, 1313 Sherman Street, Denver, Colorado 80203, hereinafter referred to as the State, and Weld County, Colorado, 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 , Appropriation Code Org. No. Contract Encumbrance Number C 859685; and WHEREAS,required approval,clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State and the Contractor have previously entered into a Contract dated February 6, 1990, with Contract Routing Number 89-685, and Contract Encumbrance Number C 859685, hereinafter referred to as the Original Contract, for the expenditure of Community Development Block Grant("CDBG")funds for a two-county Revolving Loan Fund CRLF")program, and an Amendment to the Original Contract dated June 15, 1992, hereinafter referred to as the Amendment Contract, for the expenditure of CDBG funds for a working capital loan to Rocky Mountain Railcar, Inc.; and WHEREAS, the Executive Director of the Department of Local Affairs of the State of Colorado has determined it to be appropriate to provide supplemental CDBG funds totalling Four Hundred Thirty Thousand Dollars ($430,000.00); and WHEREAS, the parties hereto now deem it necessary and desirable to amend the Original Contract in order to reflect these changes in the Budget. NOW THEREFORE it is hereby agreed that: (Revised language will appear in bold type face) 1. Provision 2 on page 2 of 15 pages of the Original Contract is amended to read as follows: Page 1 of 8 pages 921044 2. Responsible Administrator. The performance of the services required hereunder shall be under the direct supervision of William J.Argo, an employee or agent of Contractor,who is hereby designated as the administrator-in-charge of this Project. At any time the administrator-in-charge is not assigned to this Project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator-in-charge and the State receives notification of such replacement assignment. 2. Provision 11 on page 4 of 15 pages of the Original Contract and Provision 2 on page 2 of 9 pages of the Amendment Contact are amended to read as follows: 11. Compensation and Method of Payment. The State agrees to pay to the Contractor in consideration for the work and services to be performed, a total amount not to exceed Eight Hundred Fifty Thousand Dollars ($850,000.00). The method and time of payment shall be made in accordance with the "Payment Method" set forth herein. 3. A new provision shall be inserted as Provision 23(n) on page 10 of 15 pages of the Original Contract and is amended to read as follows: n) Section 104(d) of the Housing and Community Development Act of 1974 (42 USC 5301 as amended and implementing regulations at 24 CFR Part 570),providing for the replacement of all low/moderate income dwelling units that are demolished or converted to another use as a direct result of the use of CDBG funds, and which provides for relocation assistance for all low/moderate income households so displaced. 4. Provision 23(t) on page 11 of 15 pages of the Original Contract is amended to read as follows and shall be relettered with this Second Amendment of the Original Contract to 23(u). u) 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, religion or religious affiliation, or national origin in any program or activity receiving federal financial assistance. 5. Provisions 23(n) though 23(y) in the Original Contract and the Amendment Contract shall be relettered 23(o) through 23(z). 6. Provision 4 on page 2 of 9 pages of the Amendment Contract is amended to read as follows: 4. A new Provision 29 shall be inserted on page 12 of 15 pages of the Original Contract and is amended to read as follows: 29. Excessive Force. In accordance with section 519 of Public Law 101-144, the HUD Appropriations Act, and Section 906 of Cranston-Gonzalez Affordable Housing Act of 1990, the Contractor has adopted and is enforcing a policy prohibiting the use Page 2 of 8 pages 9a." 4 of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and has adopted and is enforcing a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstration within its jurisdiction. 7. Provision 1(a)3 on page 1 of 5 pages of Exhibit A of the Original Contract and Provision 7 on page 3 of 9 pages of the Amendment Contract are amended to read as follows: 3. All revenues received by the Contractor which result directly from the CDBG-assisted activity, including but not limited to principal and interest payments,origination fees,servicing charges,interest earned on program income and proceeds from sales of acquired assets,shall be considered program income. All program income shall be retained by the Contractor or subgrantee to continue operation of the revolving loan fund. A maximum of$32,100 of program income may be applied to direct revolving loan fund administrative costs during the term of the Contract. The balance of program income shall be applied toward business assistance. Any program income on hand at the time of project dose out shall continue to be subject to CDBG requirements. Contractor shall be required to submit quarterly financial status reports on program income until it has been expended. Efforts must be made by Contractor to expend program income funds on assistance to businesses or RLF administrative costs prior to requesting an additional allocation from the State. 8. Provision 1(b)1 on page 3 of 5 pages of Exhibit A of the Original Contract and Provision 8 on page 4 of 9 pages of the Amendment Contract are amended to read as follows: 1. The CDBG contribution to the Project, exclusive of program income, shall not exceed Eight Hundred Fifty Thousand Dollars ($850,000.00). Of this total appropriation, Five Hundred Eighty Eight Thousand Dollars ($588,000.00) shall be applied to the Rif and Two Hundred Sixty Two Thousand Dollars ($262,000.00) shall be applied toward state OBD projects and costs related thereto. 9. Provision 1(b)2 on page 3 of 5 pages of Exhibit A of the Original Contract and Provision 9 on page 4 of 9 pages of the Amendment Contract are amended to read as follows: 2. Contractor shall be required to seek leveraged funds provided by participating banks and investors,but these leveraged funds shall not be considered matching funds subject to federal audit requirements. Unless modification is authorized in writing by the state's Office of Business Development, or its designee, the Contractor shall be responsible for ensuring that at least$1,764,000 from participating banks, agencies, and investors are committed to this Project during Page 3 of 8 pages 92.044 the term of this Contract. Contractor/local contribution to this Project shall be at least$72,000 of in-kind contributions during the term of this Contract. 10. Provision 1(b)4 on page 3 of 5 pages of Exhibit A of the Original Contract and Provision 10 on page 4 of 9 pages of the Amendment Contract are amended to read as follows: 4. The Contractor commits that at least one hundred thirty eight (138) full-time, new, permanent positions will be directly created or retained through the provision of CDBG funds. The Contractor shall make all reasonable efforts to achieve a goal to fill at least seventy percent (70%) of all jobs created or retained by low and moderate income persons. A minimum of fifty-one percent (51%) of jobs created or retained by each borrower must be filled by low and moderate income persons. 11. Provision 2(b) on page 4 of 5 pages of Exhibit A of the Original Contract and Provision 12 on page 5 of 9 pages of the Amendment Contract are amended to read as follows: b. The Project shall be completed by February 5, 1994, unless modification is authorized in writing by OBD or its agent and Department of Local Affairs prior to expiration of the amendment to the Contract. In order to complete the Contract in the above time period,one hundred percent(100%) of funds provided through this Contract shall have been expended,unless OBD,Department of Local Affairs or their respective agents and Contractor mutually agree to de-obligate a portion of such funds. In addition, Contractor shall provide written evidence that projected number of jobs have been actually created or retained by each individual RLF project and collectively met the requirement in provision 1.b.5.of this Exhibit A. Hiring requirement of low to moderate income persons must be achieved per project as well. In the event there is any deviation from job creation,retention or low/moderate income hiring requirements, documentation must substantiate the reasons for any such deficiencies. If a deficiency exists, a review by the Department of Local Affairs and/or Office of Business Development, or their respective agent, will be made to determine the ability to close this Contract. The Contract shall be detennined to be dosed as of the date of the termination date of the Contract. Funds derived from the Contract and on hand at the time of close out are program income and subject to CDBG requirements. Funds received subsequent to the closing date shall be deemed revolved funds which are not subject to CDBG requirements. Such revolved funds must be applied toward business assistance and administrative costs to continue the operation of the revolving loan fund. 12. Provision 3 on page 4 of 5 pages of Exhibit A of the Original Contract and Provision 13 on page 5 of 9 pages of the Amendment Contract are amended to read as follows: Page 4 of 8 pages 3 �044 3. Budget a. REVENUE Community Development Block Grant Funds $850,000 Contractor/Local Injection (a minimum of) $72,000 Other Leveraged Funds (a minimum of) $1.764.000 TOTAL $2,686,000 b. EXPENDITURES State Other Line Item Total CDBG Funds Sources RLF Assistance to $2,152,000 $538,000 $1,614,000 Bank, Private Businesses Investors, Other Lenders State Pass-Through $410,000 $260,000 $150,000 Banks, Assistance to Investors, Private Businesses Other Lenders Pass-Through $2,000 $2,000 -0- Administration Administration (A) $122,000 $50,000 $72,000 Contractor TOTALS $2,686,000 $850,000 $1,836,000 (A) Contractor is permitted to apply a maximum $32,100 of program income to administration in addition to the above approved budget for the term of the Contract, including extensions to the term of the Contract All other terms of the Original Contract shall remain in full force and effect. Page 5 of 8 pages For,6-AC-02B 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,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 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,prevendor 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 percent 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 provisions 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,subcontractors,or assignees pursuant to the terms of this contact. DISCRIMINATION AND AFFIRMATIVE ACTION S. 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 contact,the contractor agrees as follows: (1) 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 commitment under the Executive Order,Equal Opportunity and Affirmative Action, dated April 16, 1975,and of the rules, regulations,and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April 16,1975,and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books,records,and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity,because of race,creed,color,sex,national origin,or ancestry. Page 6 of 8 pages 92''044 (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. (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(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 contractor 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 6a. Provisions of 8-17-101&102,CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. b. When construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident. If it is determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements (section 8-19-101 and 102,CRS). GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said laws,rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in 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. 10. The signatories aver that to their knowledge,no state employee has a personal or beneficial interest whatsoever in the service or property described herein: Page 7 of 8 pages 92A 044 N WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. Contractor: WELD COUNTY BOARD OF COMMISSIONERS STATE OF COLORADO (Full Legal Name) ROY ROMER,GOVERNOR P.O. BOX 758 (Address) GREELEY. CO 80632 By: (City, State,Zip) *S Executive Director 84-6000813 (Social Security Number or Federal I.D.Number) Local Affairs (Department of) By ( BU 1 KI NIG llY 11/OL/y' Bs: CHAIRMAN (IF CORPORATION:) guei,&tee / ATTEST(Seal) By: • X1@1 QC 4434RN,X )ThRECJW(Cou Clerk TO BOARD APPROVALS: ATTORNEY GENERAL CONTROLLER By: By: Page 8 of 8 pages 921L044 We&d/Larimer Revolving Loan Fund P.O.BotS Greeley,Colorado 80632 Telephone: (303)356-4565 - (303)352-2436(PAX) Memorandum TO: Don Warden FROM: Jodi Hartmann DATE: 10/26/92 RE: AMENDED CONTRACT - WELD/LARIMER RLF Attached are four copies of an amendment to our CDBG contract which need to be signed by George Kennedy, as Chairman of the Commissioners. We asked the state to amend our original contract in order to award us additional funds for the WindSoar project ($150,000 working capital loan) which has been approved, and to fund additional projects which we anticipate closing in the next 12 months. If you have questions on this amendment, please let me know. Also, time is of the essence in completing this amendment in order to fund the WindSoar loan, so I'd appreciate your putting this on the Commissioner's agenda a.s.a.p. Thanks! 921044 ' a s COLORADO October 20 , 1992 Ms . Cathy Shulte Weld/Larimer RLF 810 9th St. P.O. Box S Greeley , CO 80632 RE : Second Amendment - Contract # 89-685 Office of Business Development Dear Cathy : 1625 Broadway,Suite 1710 Denver,Colorado 80202 Enclosed is the second amendment to the RLF Contract for (303)892-3840 your review. Additional provisions or changes in the (303)892-3848 FAX contract provisions and scope of services to the original Roy Romer contract and to the first amendment are reflected in bold Governor letters. Please have the Chairman of the Weld County Commissioners sign all four contracts and have the contracts attested by the Coporate Secretary or the equivalent person to that position. Changes include statutory changes necessary because of changes in regulations affecting usage of CDBG funds . The monetary change in this second contract provides for $400 , 000 additional grant to fund business assistance and $30, 000 additional grant to fund administation . The program income limitation for the term of the contract was increased from $20,000 to $32 , 100 to be used for administration . This $32 , 100 amount is in addition to the $30 ,000 approved to fund your budget for the period of October 1 , 1992 throught February 5 , 1994. Please note that matching funds for administration for this period that you are to provide amount to $47 , 500 . Please return all four contracts with original signatures to me so that I can forward them for processing at the Attorney General ' s Office. Please do not date the contracts. Call me if you have any questions or concers. Si nceree}l yy,hUao,wDominick Romero Business Finance Specialist Enclosures 104 Hello