HomeMy WebLinkAbout930778.tiff RESOLUTION
RE: APPROVE CONTRACT FOR HOME INVESTMENT PARTNERSHIPS PROGRAM WITH COLORADO
DEPARTMENT OF LOCAL AFFAIRS AND AUTHORIZE CHAIRMAN TO SIGN -
ADMINISTRATIVE SERVICES
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 for Home Investment
Partnerships Program between Colorado Department of Local Affairs and the Weld
County Board of Commissioners, for administrative services in the amount of
$13,000, with the contract completion date being August 31, 1994, and the further
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, ex-officio Board of Social Services, that the Contract for Home
Investment Partnerships Program between the Colorado Department of Local Affairs
and the Weld County Board of Commissioners, for administrative services in the
amount of $13, 000, 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 9th day of August, A.D. , 1993.
4_,,
� / /�� // � BOARD OF COUNTY COMMISSIONERS
ATTEST: tqf /'(//' �(/// WELD COUNTY, COLORADO
Weld County Clerk to the Board
Constance L. H rbert, Chairma
BY:711�1 �tv-r ,a.A.
( Deputy Clerk to the ariN W. H. ebster, Pro-Tem
APPROVED AS TO FORM: v � � C4
,4`eorge Baxter
County Attorney Dale Hall
EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
930778
HOME 100892
#93-043-A
DEPARTMENT OR AGENCY NUMBER
NAA
CONTRACT ROUTING NUMBER
CONTROL NUMBER
CONTRACT
HOME INVESTMENT PARTNERSHIPS PROGRAM
THIS CONTRACT, made this day of 1993, 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 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 , Appropriation Code
, Org. Number , GBL Number , Contract Encumbrance Number
; and
WHEREAS,required approval,clearance and coordination has been accomplished from and with appropriate agencies;
and
WHEREAS, the United States Government, through the National Affordable Housing Act of 1990 ("NAHA") Pub. L.
No. 101-625, has established the Home Investment Partnerships Program (HOME) and has allowed each state to elect to
administer such federal funds,subject to certain conditions,for the purpose of expansion of the supply of decent,safe,sanitary,
and affordable housing, with primary attention to rental housing, for persons whose income is less than or equal to eighty
percent of area median income. Additionally, the state's program is subject to federal requirements to setaside fifteen percent
of the aggregate amount of HOME funds received by the state to be used by Community Housing Development Organizations
(CH00) and that at least ninety percent(90%)of the aggregate expended for rental housing to be used to benefit persons whose
income is equal to or less than sixty percent(60%) of area median income.
WHEREAS, the State of Colorado has elected to administer such federal funds for its nonentitlement areas through
the Colorado Department of Local Affairs ("Department"), Division of Housing, pursuant to 24-32-705(1) Ii); and
WHEREAS, the Department has received applications from political subdivisions, nonprofit organizations and CHDOs
in Colorado for allocations from the federal HOME funds available to Colorado; and
WHEREAS, the Contractor is one of the eligible political subdivisions, nonprofit organizations or community housing
development organizations to receive HOME funds; and
WHEREAS, the Department has approved the proposed Project of the Contractor;
NOW THEREFORE it is hereby agreed that:
1. Scope of Services.In consideration for the monies to be received from the Home Investment Partnership Program,the
Contractor shall do,perform,and carry out, in a satisfactory and proper manner, as determined by the State, all work
elements as indicated in the "Scope of Service," set forth in Exhibit A, which is attached hereto and is incorporated
herein by reference, and is hereinafter referred to as the "Project." Work performed prior to the execution of this
Contract shall not be considered part of this Project.
2. Responsible Administrator. The performance of the services required hereunder shall be under the direct supervision
of James Sheehan , 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.
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3. Time of Performance. This Contract shall become effective upon proper execution of this Contract. The Project
contemplated herein shall commence as soon as practicable after the execution of this Contract and shall be
undertaken and performed in the sequence set forth in the attached Scope of Services.The Contractor agrees that time
is of the essence in the performance of its obligations under this Contract, and that completion of the Project shall
occur no later than the termination date set forth in the Scope of Services.
4. Eligible Activities.All project activities shall be eligible under 24 CFR Part 92,Section 205 of the NAHA,and all related
regulations.
5. Obligation, Expenditure and Disbursement of Funds.
a) Prior Expenses.Expenses incurred by the Contractor in association with said Project prior to execution of this
Contract are not eligible HOME expenditures and shall not be reimbursed by the State.
b) Environmental Review Procedures.Funds shall not be obligated or utilized for any activities requiring a release
of funds by the State under the Environmental Review Procedures for the HOME program at 24 CFR Parts
50 and 58 until such release is issued in writing. Administrative costs, reasonable engineering and design
costs, and costs of other exempt activities identified in 24 CFR 58.34 (a)(1) through (8) do not require a
release of funds by the State. For categorically excluded activities listed in 58.35 la) determined to be
exempt because there are no circumstances which require compliance with any other Federal laws and
authorities cited at 58.5,the Contractor must make and document such a determination of exemption prior
to incurring costs for such activities.
6. Comprehensive Housing Affordability Strategy Requirement(CHAS).Prior to receiving an award of HOME funds from
the State, the Contractor shall receive certification that its Project is consistent with the local area Comprehensive
Housing Affordability Strategy.
7. Definition of Beneficiaries. Eligible beneficiaries are defined, for the purposes of this contract, as those persons who
are members of households whose income is equal to or less than eighty percent(80%)of area median income as set
forth in the Exhibit B,which is attached hereto and incorporated herein by reference,or as subsequently promulgated
in writing by the State.
8. Displacement, Relocation, and Acquisition. The Contractor must ensure that it has taken all reasonable steps to
minimize the displacement of persons(families,individuals,businesses,nonprofit organizations,and farms),as a result
the activities of its Project. If displacement should occur the Contractor shall ensure that:
a) relocation benefits shall be provided for all families whose income is equal to or less than eighty percent
(80%) area median income whose occupied housing is demolished or convened to a use other than for low
or moderate income housing, including reimbursement for actual and reasonable moving expenses,security
deposits, credit checks, and other moving-related expenses, including any interim living costs; and, in the
case of displaced persons of low and moderate income, provide either:
i) compensation sufficient to ensure that, for a 5-year period, the displaced families shall not bear,
after relocation, a ratio of shelter costs to income that exceeds 30 percent; or
ii) if elected by a family, a lump-sum payment equal to the capitalized value of the benefits available
under subclause (i) to permit the household to secure participation in a housing cooperative or
mutual housing association;
b) persons displaced shall be relocated into comparable replacement housing that is:
i) decent, safe, and sanitary;
ii) adequate in size to accommodate the occupants;
iii) functionally equivalent; and,
iv) in an area not subject to unreasonably adverse environmental conditions.
Persons displaced shall have the right to elect, as an alternative to the benefits under this paragraph to receive benefits under
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, if such persons determine
that it is in their best interest to do so; and, where a claim for assistance under subparagraph (b) is denied by the Contractor,
the claimant may appeal to the State,and that the decision of the State shall be final unless a court determines the decision was
arbitrary and capricious.
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930773
9. Affordability Requirements. The Contractor shall ensure that housing units produced through the activities of new
construction and/or through rehabilitation of existing units remain affordable for the period required under 24 CFR Part
92, Section 254(a)(410i)(8) and Section 252(a)(5), respectively.
10. Affirmatively Furthering Fair Housing. The Contractor shall affirmatively further fair housing in addition to conducting
and administering its Project in conformity with the equal opportunity requirements of Title VI of the Civil Rights Act
of 1964 and the Fair Housing Act, as required herein.
11. Affirmative Marketing Plan.The Contractor shall prepare and follow an affirmative marketing plan,if the HOME assisted
project contains more than five (5) housing units, which provides:
a) affirmative marketing steps consisting of actions to provide information and otherwise attract person from
all racial, ethnic, and gender groups in the housing market area to the available housing; and,
b) provisions to annually assess the affirmative marketing program to determine the success of affirmative
marketing actions and any necessary corrective actions.
12. Compensation and Method of Payment. The State has allocated for the Contractor in the state's HOME account, in
consideration for the work and services to be performed,a total amount not to exceed Thirteen Thousand and NO/100
Dollars ($13,000) . The method and time of payment shall be made in accordance with the "Payment Method" set
forth herein.
13. Financial Management. At all times from the effective date of this Contract until completion of this Contract, the
Contractor shalt comply with the.administrative requirements,cost principles and other requirements set forth in OMB
Circular No.A-87 and the following requirements of 24 CFR part 85, Sections 6, 12, 20,22, 26, 35, 36,44, 51, and
52 for state recipients and any governmental subrecipients and OMB Circular No. A-122 and Attachments B, F, H.
paragraph 2 and Attachment 0 for nonprofit organizations.
14. Payment Method.Unless otherwise provided in the Scope of Services the Contractor shall request payments from the
State's Home Investment Trust Fund through the U. S. Department of Housing and Urban Development's Cash and
Management Information (C/MI) System for the HOME Investment Partnerships Program.
15. Audit. All audits must be conducted in accordance with 24 CFR part 44 and OMB Circular A-133.
a) Discretionary Audit.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,or the federal government or any of its properly delegated or authorized representatives shall have
the right to inspect,examine,and audit the Contractor's(and any subcontractor's)records,books,accounts
and other relevant 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 final payment for this Project is
received by the Contractor or for the required term of affordability whichever is longer, provided that the
audit is performed during normal business hours.
b) Mandatory Audit for Local Governments.Whether or not the State calls for a discretionary audit as provided
above, the Contractor shall include the Project in an annual audit report as required by the Colorado Local
Government Audit Law,C.R.S. 1973, 29-1.601, et sec and the Single Audit Act of 1984, Pub. L. 98-502,
and federal and State implementing rules and regulations. Such audit reports shall be simultaneously
submitted to the Division of Housing and the State Auditor. Thereafter, the Contractor shall supply the
Division of Housing with copies of all correspondence from the State Auditor related to the relevant audit
report.If the audit reveals evidence of non-compliance with applicable requirements,the Department reserves
the right to institute compliance or other appropriate proceedings notwithstanding any other judicial or
administrative actions filed pursuant to C.R.S. 1973, 29-1-607 or 29-1-608.
c) Mandatory Audit for nonprofit organizations and CHDOs. Whether or not the State calls for a discretionary
audit as provided above,the Contractor shall include the Project in an annual audit report.Such audit reports
shall be submitted to the Division of Housing.Thereafter,the Contractor shall supply the Division of Housing
with copies of all correspondence from auditors related to the relevant audit report.
16. Contractor,An Independent Contractor.Contractor shall be an independent contractor and shall have no authorization,
express or implied,to bind the State to any agreements,settlements,liability or understanding except as expressly set
forth herein.
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17. Personnel. The Contractor represents that it has, or will secure at its own expense, unless otherwise stated in the
Scope of Services,all personnel,as employees of the Contractor,necessary to perform the work and services required
to be performed by the Contractor under this Contract. Such personnel may not be employees of or have any
contractual relationship with the State and no such personnel are eligible for any employee benefits, unemployment
compensation or any other benefits accorded to State employees. Contractor shall pay when due all required
employment taxes and income tax withholding. All of the services required hereunder will be performed by the
Contractor or under its supervision,and all personnel engaged in the work shall be fully qualified and shall be authorized
under State and local law to perform such services.
The Contractor is responsible for providing Workmen's Compensation Coverage and Unemployment Compensation for
all of its employees to the extent required by law, and for providing such coverage for themselves. In no case is the
State responsible for providing Workmen's Compensation Coverage for any employees or subcontractors of Contractor
pursuant to this Agreement, and Contractor agrees to indemnify the State for any costs for which the State may be
found liable in this regard.
18. Contract Suspension. If the Contractor fails to comply with any contractual provision, the State may, after notice to
the Contractor,suspend the contract and withhold further payments or prohibit the Contractor from incurring additional
obligations of contractual funds, pending corrective action by the Contractor or a decision to terminate in accordance
with provisions herein.The State may determine to allow such necessary and proper costs which the Contractor could
not reasonably avoid during the period of suspension provided such costs were necessary and reasonable for the
conduct of the project.
19. Contract Termination. This contract may be terminated as follows:
a) Termination Due to Loss of Funding.The parties hereto expressly recognize that the Contractor is to be paid,
reimbursed, or otherwise compensated with federal HOME funds provided to the State for the purpose of
contracting for the services provided for herein or with program income, and therefore, the Contractor
expressly understands and agrees that all its rights,demands and claims to compensation arising under this
Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part
thereof are not received by the State,the State may immediately terminate or amend this Contract.
bl Termination for Cause.If,through any cause,the Contractor shalt fail to fulfill in a timely and proper manner
his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or
stipulations of this Contract, the State shall thereupon have the right to terminate this Contract for cause
by giving written notice to the Contractor of such termination and specifying the effective date thereof, at
least five (5) days before the effective date of such termination. In that event, all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material
prepared by the Contractor under this Contract shall, at the option of the State, become its property, and
the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Notwithstanding the above, 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 payments to the Contractor for the purpose of setoff until such time as the exact amount of damages
due the State from the Contractor is determined.
cl Termination for Convenience. The State may terminate this Contract at any time the State determines that
the purposes of the distribution of State HOME monies under the Contract would no longer be served by
completion of the Project. The State shall effect such termination by giving written notice of termination to
the Contractor and specifying the effective date thereof, at least twenty(20)days before the effective date
of such termination. In that event, all finished or unfinished documents and other materials as described in
subparagraph 17b)above shall,at the option of the State,become its property. If the Contract is terminated
by the State as provided herein, the Contractor will be paid an amount which bears the same ratio to the
total compensation as the services actually performed bear to the total services of the Contractor covered
by this Contract, less payments of compensation previously made:Provided,however,that if less than sixty
percent(60%)of the services covered by this Contract have been performed upon the effective date of such
termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the
actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor
during the Contract period which are directly attributable to the uncompleted portion of the services covered
by this Contract. If this Contract is terminated due to the fault of the Contractor, Paragraph 19b hereof
relative to termination shall apply.
•
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Q;0'779
20. Modification and Amendment.
a) Modification by Operation of Law. This Contract is subject to such modifications as may be required by
changes in federal or state law or regulations.Any such required modification shall be incorporated into and
be part of this Contract as if fully set forth herein.
b) Programmatic or Budgetary Modifications.The Contractor shall follow the revision procedures outlined below
if programmatic or budgetary modifications are desired:
the contractor must submit a written request to the Department and obtain prior written approval
from the Department under the following circumstances:
a. unless otherwise specified in the Scope of Services,when cumulative budgetary changes
exceed five (5)percent of the total contract amount or Five Thousand Dollars($5,000).
whichever is less;
b. when any budget transfers to or between budget categories are proposed;
c. when the scope, objective or completion date of the Project changes;
c. when additional or less HOME funding is needed; and,
e. when revisions pertain to the addition of other activities are proposed.
ii) under the following circumstances and in addition to the foregoing procedure, prior approval for
changes must be authorized by the State in an amendment to this contract properly executed and
approved in accordance with applicable law:
a. when cumulative budgetary changes exceed ten (10) percent of the total contract
amount or Twenty Thousand Dollars ($20,000), whichever is greater;
b. when the scope, objective or completion date of the Project changes substantially, as
determined by the Department; and
c. when any additional HOME funding is needed.
Under such circumstances, the Department's approval is not binding until memorialized in the
contract amendment.
c) Other Modifications. If either the State or the Contractor desires to modify the terms of this Contract other
than as set forth in subparagraphs a and b above, written notice of the proposed modification shall be given
to the other party. No such modification shall take effect unless agreed to in writing by both parties in an
amendment to this Contract properly executed and approved in accordance with applicable law.
21. Integration. This Contract, as written, with attachments and references,is intended as the complete integration of all
understanding between the parties at this time and no prior or contemporaneous addition, deletion or amendment
hereto shall have any force or effect whatsoever, unless embodied in a written authorization or contract amendment
incorporating such changes, executed and approved pursuant to applicable law.
22. Reports. Unless otherwise provided in the Scope of Services the Contractor shall submit to the Division of Housing
within three 13) days, one copy of each of the forms required by the C\MI system.
23. Conflict of Interest.
a) In the Case of Procurement. In the procurement of supplies, equipment, construction and services by the
Contractor and its subcontractors,no employee,officer or agent of the Contractor or its subcontractors shall
participate in the selection or in the award or administration of a contract if a conflict of interest, real or
apparent, would be involved. Such a conflict would arise when the employee, officer or agent; any member
of his immediate family; his partner; or an organization which employs, or is about to employ, any of the
above, has a financial or other interest in the party or firm selected for award.Officers,employees or agents
of the Contractor and its subcontractors shall neither solicit nor accept gratuities, favors or anything of
monetary value from parties or potential parties to contracts.Unsolicited items provided as gifts are not
prohibited if the intrinsic value of such items is nominal.
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b) In all Cases Other Than Procurement.In all cases other than procurement(including the provision of housing
rehabilitation assistance to individuals, the provision of assistance to businesses, and the acquisition and
disposition of real property), no persons described in subparagraph i) below who exercise or have exercised
any functions or responsibilities with respect to HOME activities or who are in a position to participate in a
decision-making process or gain inside information with regard to such activities, may obtain a personal or
financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement
with respect thereto,or the proceeds thereunder,either for themselves or those with whom they have family
or business ties, during their employment tenure or for one year thereafter.
it Persons Covered. The conflict of interest provisions of this paragraph b)apply to any person who
is an employee,agent, consultant,officer, or elected official or appointed official of the Contractor
or of any designated public agencies or subcontractors receiving HOME funds.
ii) Threshold Requirements for Exceptions.Upon the written request of the Contractor,the State may
grant an exception to the provisions of this subparagraph b) when it determines that such an
exception will serve to further the purposes of the HOME program and the effective and efficient
administration of the Contractor's Project. An exception may be considered only after the
Contractor has provided the following:
a. a disclosure of the nature of the conflict, accompanied by an assurance that:
there has been or will be a public disclosure of the conflict and a description of
how the public disclosure was or will be made; and
ii. the affected person has withdrawn from his or her functions or responsibilities,
or the decision making process with respect to the specific HOME assisted
activity in question; and
b. an opinion of the Contractor's attorney that the interest for which the exception is sought
would not violate State or local law; and
c. a written statement signed by the chief elected official or executive director of the
Contractor holding the State harmless from all liability in connection with any exception
which may be granted by the State to the provisions of this subparagraph b);
iii) Factors to be Considered for Exceptions. In determining whether to grant a requested exception
after the Contractor has satisfactorily met the requirements of subparagraph ii) above, the State
shall consider the cumulative effect of the following factors, where applicable:
a. whether the exception would provide a significant cost benefit or an essential degree of
expertise to the Project which would otherwise not be available;
b. whether an opportunity was provided for open competitive bidding or negotiation;
c. whether the person affected is a member of a group or class of low or moderate income
persons intended to be beneficiaries of the HOME assisted activity,and the exception will
permit such person to receive generally the same benefits as are being made available or
provided to the group or class;
d. whether the interest or benefit was present before the affected person was in a position
as described in this subparagraph b);
e. whether undue hardship will result either to the Contractor or the person affected when
weighed against the public interest served by avoiding the prohibited conflict; and
f. any other relevant considerations.
24. Compliance with Applicable Laws. At all times during the performance of this Contract, the Contractor and any
subcontractors shall strictly adhere to all applicable federal and State laws, orders, and all applicable standards,
regulations, interpretations or guidelines issued pursuant thereto.The applicable federal laws and regulations include:
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a) National Environmental Policy Act of 1969 (42 USC 4321 et seq.), as amended, and the implementing
regulations of HUD (24 CFR Pan 58) and of the Council on Environmental Quality (40 CFR Parts 1500 -
1508) providing for establishment of national policy, goals, and procedures for protecting, restoring and
enhancing environmental quality.
b) National Historic Preservation Act of 1966(16 USC 470 et seq.),as amended,requiring consideration of the
effect of a project on any district,site, building, structure or object that is included in or eligible for inclusion
in the National Register of Historic Places.
c) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 FR
8921 et seq.) requiring that federally-funded projects contribute to the preservation and enhancement of
sites, structures and objects of historical, architectural or archaeological significance.
d) The Archaeological and Historical Data Preservation Act of 1974, amending the Reservoir Salvage Act of
1960(16 USC 469 et seq.), providing for the preservation of historic and archaeological data that would be
lost due to federally-funded development and construction activities.
e) Executive Order 11988,Floodplain Management,May 24,1977(42 FR 26951 et seq.)prohibits undertaking
certain activities in flood plains unless it has been determined that there is no practical alternative, in which
case notice of the action must be provided and the action must be designed or modified to minimize potential
damage.
f) Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et seq.) requiring review of
all actions proposed to be located in or appreciably affecting a wetland. Undertaking or assisting new
construction located in wetlands must be avoided unless it is determined that there is no practical alternative
to such construction and that the proposed action includes all practical measures to minimize potential
damage.
(3) Safe Drinking Water Act of 1974(42 USC 201, 300 f et seq., 7401 et seq.), as amended, prohibiting the
commitment of federal financial assistance for any project which the Environmental Protection Agency
determines may contaminate an aquifer which is the sole or principal drinking water source for an area.
h) The Endangered Species Act of 1973(16 USC 1531 et seq.),as amended,requiring that actions authorized,
funded, or carried out by the federal government do not jeopardize the continued existence of endangered
and threatened species or result in the destruction or modification of the habitat of such species which is
determined by the Department of the Interior, after consultation with the State,to be critical.
i) The Wild and Scenic Rivers Act of 1968(16 USC 1271 et seq.),as amended,prohibiting federal assistance
in the construction of any water resources project that would have a direct and adverse affect on any river
included in or designated for study or inclusion in the National Wild and Scenic Rivers System.
jl The Clean Air Act of 1970(42 USC 1857 et seq.),as amended,requiring that federal assistance will not be
given and that license or permit will not be issued to any activity not conforming to the State implementation
plan for national primary and secondary ambient air quality standards.
k) HUD Environmental Criteria and Standards(24 CFR Part 51)providing national standards for noise abatement
and control, acceptable separation distances from explosive or fire prone substances and suitable land uses
for airport runway clear zones.
II Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970--Title III, Real Property
Acquisition (Pub. L. 91-646 and implementing regulations at 24 CFR Part 42), providing for uniform and
equitable treatment of persons displaced from their homes, businesses, or farms by federal or
federally-assisted programs and establishing uniform and equitable land acquisition policies for federal
assisted programs. Requirements include bona fide land appraisals as a basis for land acquisition, specific
procedures for selecting contract appraisers and contract negotiations, furnishing to owners of property to
be acquired a written summary statement of the acquisition price offer based on the fair market price, and
specified procedures connected with condemnation.
ml Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 -- Title II, Uniform
Relocation Assistance(Pub. L. 91-646 and implementing regulations at 24 CFR Part 42), providing for fair
and equitable treatment of all persons displaced as a result of any federal or federally-assisted program.
Relocation payments and assistance, last-resort housing replacement by displacing agency, and grievance
procedures are covered under the Uniform Act.Payments and assistance will be made pursuant to state or
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local law,or the grant recipient must adopt a written policy available to the public describing the relocation
payments and assistance that will be provided. Moving expenses and up to $22,500 or more for each
qualified homeowner or up to $5,250 or more for each tenant are potential costs.
n) Davis-Bacon Fair Labor Standards Act (40 USC 276a - 276a-5) requiring that, on all contracts and
subcontracts which exceed $2,000 for federally-assisted construction, alteration or rehabilitation, laborers
and mechanics employed by contractors or subcontractors shall be paid wages at rates not less than those
prevailing on similar construction in the locality as determined by the Secretary of Labor. (This requirement
applies to the rehabilitation of residential property only if such property is designed for use of twelve (12)
or more families.
i) Volunteers. The prevailing wage provisions of this Act do not apply to an individual who receives
no compensation or is paid expenses,reasonable benefits,or a nominal fee to perform the services
for which the individual volunteered and who is not otherwise employed at any time in the
construction work.
ii) Sweat equity. The prevailing wage provisions of this Act do not apply to members of an eligible
family who provide labor in exchange for acquisition of a property for homeownership or provide
labor in lieu of, or as a supplement to, rent payments.
o) Contract Work Hours and Safety Standards Act of 1962(40 USC 327 et seq.)requiring that mechanics and
laborers employed on federally-assisted contracts which exceed $2,000 be paid wages of not less than one
and one-half times their basic wage rates for all hours worked in excess of forty in a work week.
pl Copeland"Anti-Kickback"Act of 1934(40 USC 276(c))prohibiting and prescribing penalties for"kickbacks"
of wages in federally-financed or assisted construction activities.
q) The Lead-Based Paint Poisoning Prevention Act--Title IV (42 USC 4831) prohibiting the use of lead-based
paint in residential structures constructed or rehabilitated with federal assistance,and requiring notification
to purchasers and tenants of such housing of the hazards of lead-based paint and of the symptoms and
treatment of lead-based paint poisoning.
r) Section 3 of the Housing and Community Development Act of'1968 (12 USC 1701 lull, as amended,
providing that, to the greatest extent feasible,opportunities for training and employment that arise through
HUD-financed projects, will be given to lower-income persons in the unit of the project area, and that
contracts be awarded to businesses located in the project area or to businesses owned, in substantial part,
by residents of the project area.
s) Section 109 of the Housing and Community Development Act of 1974 (42 USC 5309), as amended,
providing that no person shall be excluded from participation (including employment), denied program
benefits or subjected to discrimination on the basis of race, color, national origin or sex under any program
or activity funded in whole or in part under Title I (Community Development) of the Act.
t) 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.
u) The Fair Housing Act(42 USC 3601-20),as amended,prohibiting housing discrimination on the basis of race,
color, religion, sex, national origin, handicap and familial status.
v) Executive Order 11246 (1965), as amended by Executive Orders 11375, prohibiting discrimination on the
basis of race, color, religion, sex or national origin in any phase of employment during the performance of
federal or federally-assisted contracts in excess of 52,000.
w) Executive Order 11063 (1962), as amended by Executive Order 12259, requiring equal opportunity in
housing by prohibiting discrimination on the basis of race,color,religion,sex or national origin in the sale or
rental of housing built with federal assistance.
x) Section 504 of the Rehabilitation Act of 1973 (29 USC 793), as amended, providing that no otherwise
qualified individual shall, solely by reason of a handicap, be excluded from participation (including
employment), denied program benefits or subjected to discrimination under any program or activity receiving
federal funds.
Page 8 of 12 Pages
930 n
y) Age Discrimination Act of 1975, (42 USC 6101), as amended, providing that no person shall be excluded
from participation, denied program benefits or subjected to discrimination on the basis of age under any
program or activity receiving federal funds.
25. Monitoring and Evaluation. The State will monitor and evaluate the Contract with the Contractor under the HOME
program for the effective and efficient utilization of HOME funds. The Contract will also be monitored for compliance
with the rules, regulations, requirements and guidelines which the State has promulgated or may promulgate. The
Project will be monitored to assure compliance with the requirements of the HOME program periodically during the
operation of the project and upon its completion and during the required period of affordability, rental housing projects
which contain:
a) more than four units assisted with HOME funds will be monitored not less than annually; and.
bl one to four units assisted with HOME funds will be monitored at least once within each two year period.
The Contract will also be subject to monitoring and evaluation by the U.S. Department of Housing and Urban
Development.
26. Severability. To the extent that this Contract may be executed and performance of the obligations of the parties may
be accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or
provision hereof be declared invalid or become inoperative for any reason,such invalidity or failure shall not affect the
validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as
waiver of any other term.
27. Binding on Successors.Except as herein otherwise provided,this agreement shall inure to the benefit of and be binding
upon the parties, or any subcontractors hereto, and their respective successors and assigns.
28. Subletting, Assignment or Transfer. Neither party nor any subcontractors hereto may sublet, sell, transfer, assign or
otherwise dispose of this Contract or any portion thereof, or of its rights,title, interest or duties therein, without the
prior written consent of the other party.No subcontract or transfer of Contract shall in any case release the Contractor
of liability under this Contract.
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 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
nonviolent civil rights demonstration within its jurisdiction.
30. Lobbying. The Contractor assures and certifies that:
a) no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with
the awarding of any federal contract, the making of a federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan or cooperative agreement.
b) if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an offer or employee of any agency,a Member of Congress,an officer or employee
of Congress, or an employee of a Member of Congress in connection with this federally funded contract,
grant,loan,or cooperative agreement,it shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying", in accordance with its instructions.
c) it shall require that the language of this certification be included in the award documents for all subawards
at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
dl it understands that this certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352,Title 31,U.S.Code.Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000 and not more than S100,000
• for each such failure.
Page 9 of 12 Pages •
•
31. Applicant Statement of Assurances and Certifications.The Contractor has previously signed an'Applicant Statement
of Assurances and Certifications' which is hereby incorporated and made a part of this contract by reference.
32. Survival of Certain Contract Terms.Notwithstanding anything herein to the contrary,the parties understand and agree
that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued
performance or compliance beyond the termination date of the contract shall survive such termination date and shall
be enforceable by the State as provided herein in the event of such failure to perform or comply by the Contractor or
its subcontractors.
33. Special Provisions.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.
Page 10 of 12 Pages
930r1S
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 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,provisions.provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
contracted 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 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 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.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:
(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 contractor will take affirmative action to insure that applicants am 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: layoffs 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.
(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 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.
(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
contracting agency and the office of the Governor or 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 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.
(t)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.
Form 6-AC-028
Revised 1/93
395-53-01.1022
page 11 of 12 pages
¶3� 7S
(g) 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 canceled- 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.
(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 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 CRS 8-17-101& 102 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
•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(CRS 8-19.101 and 102)
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 Saw whether by way of complaint..
defence,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 aver that they are familiar with CRS 18-8-301,et-seq.,(Bribery and Corrupt Influences)and CRS 18-8-401,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:
[N WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
Contractor: Weld County Board of Commissioners
(Fullyil Name) STATE OF COLORADO
ROY ROMER,GOVERNOR
CONSTANCE L. BARBER 0811/93
By
'5 EXECUTIVE DIRECTOR
Position(Title) CHAIRMAN
84-6000- 13
s, i.-way d ; 4d1 :;r
DEPE of Local Affairs
Attest(Seal) '
By C —,-41/
Ckrk ARD
APPROVALS
ATTORNEY GENERAL CONTROLLER
By By
Form 6-AC-02C Page 12 which is the tut of 12 pages
Revised 1/93
395-53.01-1030 'Sec instructions on reverse side.
e'V"t, S
EXHIBIT A
Scope of Services
S:;11'771
EXHIBIT A
SCOPE OF SERVICES
County of Weld - #93-043-A
1. Project Description and Objectives. Using HOME and other funds the Contractor shall
rehabilitate approximately fifteen (15) single family owner-occupied (SFOO) housing units in
Ault, Erie, Evans, Firestone, Fort Lupton, Gilcrest, Johnstown La Salle, Milliken and Platteville,
shall assist twelve (12) units with rental rehabilitation (RR) in Ault, Evans, Gill, Galeton and La
Salle and provide two (21 replacement housing units. HOME administrative funds will be used
to support the rehabilitation and replacement housing activities.
2. Low Income Benefit. Eligible beneficiaries are defined as those persons who are members of
families whose income is equal to or less than eighty percent (80%) of area median income as
set forth in Exhibit B, which is attached hereto and is incorporated herein by reference, or as
subsequently promulgated in writing by the State.
3. Program Policies. Housing rehabilitation assistance program policies will be developed and
followed by the Contractor which define the criteria and manner by which the program will be
administered. Such policies will include, but not be limited to, program and income eligibility
requirements, allowable costs, HOME maximum assistance amounts, advisory committee
composition and role, use of HOME funds in conjunction with other funds, collateral
requirements, change orders, files and reports, accounting, receipt and selection of
applications, contractor qualifications, bidding and contracting procedures, lien waivers,
inspection of work, program changes, conflicts of interest, and grievance/appeal procedures.
Said policies will be available for review during the project monitoring by the State.
4. Administration Requirements.The Contractor shall comply with the administration requirements
set forth in 24 CFR Part 92 or such requirements as may be subsequently issued by the State.
5. Financial Assistance Methods. The financial assistance provided to individual households may
take the form of a loan, deferred loan, or such other form as specifically authorized in advance
by the State.
6. Construction Standards. The primary purpose of the HOME funds is to address health, safety,
energy conservation, and structural deficiencies. Upon completion, each assisted unit will at
a minimum meet the HUD Section 8 Housing Quality Standards for Existing Housing contained
in 24 CFR 882.109, incorporated by reference.
7. Interest. The Contractor shall not earn interest on advances of HOME funds.
8. Repayments. All revenues received by the Contractor or designated sub-grantee which result
directly from a HOME-assisted activity shall be considered repayments. Repayments include
but are not limited to, principal and interest payments and proceeds from the sale of acquired
assets. All repayments shall be retained by the Contractor or designated sub-grantee, and shall
be used to continue HOME eligible activities.
9. Contractor Administration. The Contractor shall be responsible for the administration of the
project. The Contractor may subcontract all or part of the administration duties.
10. State Monitoring. The Department of Local Affairs will monitor the project in accordance with
the provisions as set forth in paragraph 25 within the main body of this Contract.
Page 1 of 2 Pages
930"779
11. Project Activities and Budget.
Other Funds
Project Activities Total Funds HOME Funds Amount Source
Rehabilitation-SFOO $252,756 $180,000 HOME
•
506 County
40,000 FmHA
5,000 WX-Helpmate
10,000 WX
17,250 Evans
Rehabilitation-RR $163,420 $130,400 HOME
•
32,600 Owners
420 County
Direct Administration $48,467 $21,467 WCHA
27,000 CDBG
General Administration $23,875 $13,000 $10,875 WCHA
Replacement Housing $34,000 $20,000 HOME
•
10,000 WCHA
$4,000 County
Totals $522,518 $13,000 $509,518
* Funds included in separate HOME contract
Funds from sources other than HOME shall not be considered matching funds subject to federal
audit requirements.
12. Time of Performance. This Contract shall be effective upon full and proper execution. The
Contract shall expire on August 30, 1994. The Contract may be extended by mutual
agreement of the State and the Contractor. Any request for extension by the Contractor shall
be submitted to the State in writing at least 30 days prior to the expiration of the Contract
with a full justification for the request.
13. Payment Schedule. Paid upon receipt and approval of written request from the Contractor for
funds to meet immediate cash needs.
14. Reporting Schedule. The Contractor shall provide quarterly financial and program reports to
the Division of Housing in accordance with the provision set forth in Paragraph 22 within the
main body of this Contract and within ninety 190) days after completion of the project the
Contractor shall submit to the Division of Housing the Project Completion Report and Final
Financial Status Report.
Page 2 of 2 Pages
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