HomeMy WebLinkAbout940932.tiff RESOLUTION
RE: APPROVE FIRST AMENDMENT TO HOME CONTRACT WITH COLORADO DEPARTMENT OF LOCAL
AFFAIRS, 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 First Amendment to the HOME
Contract between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Weld County Housing
Authority, and the Colorado Department of Local Affairs, Division of Housing,
with terms and conditions being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said
amendment, 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, ex-officio Housing Authority Board, that the First Amendment
to the HOME Contract between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Weld
County Housing Authority, and the Colorado Department of Local Affairs, Division
of Housing, 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 26th day of September, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ilegkeueln WELD COUNTY, COLORADO
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Weld County Clerk to the Board %: �
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W. H. Webster, hairman
BY: L
Deputy erk to the Board Dale�.K. Hall, Pr em J
APP AS TO FORM: / /� ( -;
George. Baxter
County Att rney gpnstance L. Har ert
EXCUSED
Barbara J. Kirkmeyer
940932
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DEPARTMENT OR AGENCY NUMBER '
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��nnt;rp1 r1 L CONTRACT ROUTING NUMBER
177.1 VI. 1 3 "" 'p: 2b CONTROL NUMBER
HOME #93-043
FIRST AMENDMENT
THIS CONTRACT, made this day of 1994, by and between the State
of Colorado for the use and benefit of the Department of Local Affairs, Division of Housing, 1313
Sherman St., Room 323, Denver, Colorado 80203, hereinafter referred to as the State, and Weld
County Board of Commissioners, Post Office 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 100 Appr. Code Number 671 , Org. Number HCAO , GBL Number G212 ,Contract
Encumbrance Number C854095 • and
WHEREAS,required approval,clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the parties entered into a Contract dated the 10th of September, 1993, contract
routing number 940113 and contract encumbrance number C854095, hereinafter called the original
contract, for the performance of services and work,in consideration for Home Investment Partnerships
Program (HOME) funds:
WHEREAS, the rental rehabilitation project the Contractor had in process failed to materialize
as expected and the Contractor has four single family applications ready to bid out for rehabilitation;
WHEREAS, the Contractor has requested to move $60,000 from the rental rehabilitation
category to the single family rehabilitation category and to extend the contract expiration date to
December 31, 1994;
WHEREAS, the change in the scope of services and extension date would enable the
Contractor to complete their project;
WHEREAS, the parties to Contract desire to amend the Contract to reflect the change to the
scope of services;
NOW, THEREFORE, it is hereby agreed that:
1. Project Description and Objectives shall be amended to read as follows:
Using HOME and other funds the Contractor shall rehabilitate approximately nineteen (19)
single family owner-occupied (SFOO) housing units in Ault, Erie, Evans, Firestone, Fort Lupton,
Gilcrest, Johnstown La Salle, Milliken and Platteville, shall assist five (5) units with rental
rehabilitation (RR) in Ault, Evans, Gill, Galeton and La Salle and provide two (2) replacement
housing units. HOME funds will be used for rehabilitation (SFOO and RR) and replacement
housing.
Page 1 of 4 Pages
940932
HOME #93-043
2. Provision 11 of Exhibit A shall be amended to read as follows:
Other Funds
Project Acdvidn Total Funds HOME Funds Amount Source
Rehah&Tnation-SFOO $312.756 $240,000 $506 County
40,000 FmHA
5,000 WX-Helpmate
10.000 WX
17.250 Evans
Rehabilitation-RR $103,420 $70,400 $32,600 Owners
420 County
Direct Administradan $48.467 $21,467 WCHA
27,000 CDBG
General Administ anion $23,875 $10,875 WCHA
13.000 HOME'
Replacement Housing $34,000 $20,000 $10,000 WCHA
$4,000 County
Totals $522.518 $330,400 $192,118
• Funds included in separate HOME contract
•
3. This amendment shall be effective upon full execution. .
4. Except as herein amended, all other contract provisions shall remain iri full force and effect.
5. In the event of any conflict, inconsistency, variance or incongruity between provisions of this
Contract Amendment or any of its attachments or exhibits, and any of the provisions of the
Original Contract, or its attachments or exhibits, the provisions of this Contract Amendment
shall in all respects supersede, govern and control.
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Page 2 of 4 Pages
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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 contact involving the payment of money by the State.
FUND AVAILABILITY
2.Financial obligations of the State of Colorado 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 work for this State.the contractor shall,before entering upon the performance of any such work included
in this contract,duly execute and deliver to the State official who will sign the contract,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 upon the 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,provision.provender or other supplies used or consumed by such contractor or his subcontractor in performance of the wort
contacted to be done or fails to pay any person who supplies rental machinery,tools,or equipment in the prosecution of the work 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 is executed,delivered and
filed,no claim in favor of the contractor arising under such contract shall be audited,allowed or paid.A certified or cashier's cheek 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 CRS 38.26-106.
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 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(CRS 24-34-402),and as required by Executive Order.Equal Opportunity and Affirmative Action,dated April 16.
1975.Pennant thereto.the following provision shall be contained in all Store contracts or subcontracts.
During the performance of this contract,the contractor agrees as follows:
_(a)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 connector will take affirmative action to insure din applicants ate employed,and that
employees are treated dining employment,without regard to the above mentioned characteristics.Such action shall include,but not be limited to the foUowing:
employment upgrading.demotion•or transfer,teattiment or recruitment advenisings:lay-offs or laminations:rates of pay a other forms of compensation;and
selection for raining, 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 sating forth provisions of this non-discrimination clause.
(b)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.
(c)The contractor will send to each labor union or representative of workers with which he has a 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 contactor 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.
(d)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
contacting agency and the office of the Governor a his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders.
(e)A labor organization will not exclude any individual otherwise qualified from full membership rights in such tabor 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.
(f)A labs 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 contact to be discriminatory.
•
gram 6-AC.02R
Revised 1/93
J95.53-01.1023
pane 3 4
of wets
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940932
(g)In the even of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules.regulations,or users.
this contract may be canceled,terminated or suspended in whole or in past 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 l6. 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.
(h)The contractor will include the provisions of paragraphs(a)through(h)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 contacting
agency may direct,as a means of enforcing such provisions,including sanction for non-compliancc 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 CRS 8-17-101& 102 for preference of Colorado labor am applicable to this contract if public works within the State are undertaken hereunder and
are financed in whole or in part by Sure funds.
b.When a construction contract fora 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 awaiting the bid that compliance with this subsection.06 may came denial of federal funds which would otherwise
be over available
or would
or to
otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended.but only to the extent necessary to ptevent
' eliminate the inconsistency with Federal requirements(CRS 8.19-101 and 102)
GENERAL
7.The laws of the State of Colorado and rules and regulations issued punuant thereto shall be applied in the interpretation.execution,and enforcement of this
contract.Any provision of this contact whether or not incorporated bests 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.
defence.or otherwise.Any provision tendered 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.
S.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 aver that they are familiar with CRS 18-8-301.et,seq.-(Bribery and Conapt Influences)and CRS 18-6.401.et.seq.-(Abuse of Public Office).
and that no violation of such provisions is present.
10.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 panics hereto have escorted this Contact on the day first above written.
Contractor: Weld County Board of Commissioners
(Full Leg /Name) STATE OF COLORADO
/" 2-4 ROY ROMER.GOVERNOR
W. H. WE STER / (9/28/94) By
. .i sctcvnvt DIRECTOR
Position(Title) CHAIRMAN
846000811147p,
MDC
If Corporation:11 O�A Local Affairs
Attest(Seat
By c JfV�1�aeH�6 ��.l•Lac7 ael�) ..ter.[ to IQe Board
APPROVALS
ATTORNEY GENERAL CONTROLLER
By By
Form Revised
1/93 Page which is the ilia of 4 pages
393.77-01.1030 •Sore inunuehona on reverse side.
940932
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WELD COUNTY HOUSING AUTHORITY
PHONE 352-1551
P.O. Box A
GREELEY,COLORADO 80632
"ilk
COLORADO
TO: W.H. Webster, Chairman, Board of County
Commissioners n
FROM: Judy Griego, Director, Department of Social Services � (,�
SUBJECT: Approval of Amendment to HOME Contract
DATE: September 21, 1994
As discussed at the Housing Authority Work Session of September 19, 1994, the
Contract Amendment reallocates $60,000 from the rental rehabilitation category to
the single-family owner-occupied rehab program. Applications for the Rental
Rehabilitation program did not materialize while the additional funds are needed for
completion of the homes in the 49th street area. The Contract amendment also
reduces the number of units rehabbed under the Rental rehab program from twelve
to five, while increasing the number to be rehabbed through the single family
owner-occupied program from fifteen to nineteen.
We are recommending that the Board approve the extension of the HOME contract
to December, 31, 1994.
If you have any questions, please telephone me at extension 6200.
940932
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