HomeMy WebLinkAbout910368.tiff RESOLUTION
RE: APPROVE FIRST AMENDMENT TO CDBG CONTRACT WITH STATE DEPARTMENT OF LOCAL
AFFAIRS 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 approved, by Resolution dated November 7, 1990, a
Community Development Block Grant (CDBG) Contract with the State Department of
Local Affairs, and
WHEREAS, the Board has been presented with a First Amendment to said CDBG
Contract with the State Department of Local Affairs, with the 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, that the First Amendment to the abovementioned CDBG Contract
with the State 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 Amendment.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 29th day of April, A.D. , 1991.
/ ,� BOARD OF COUNTY COMMISSIONERS
ATTEST: ) J / L yMJ2� WELD COU�T�Y COLORADO
yilC / I/./"C
Weld Count Clerk to the Board
Gorda La , man 11 By: /�Pg�f4,��4 /ri_<-7-c EXCUSED
Deputy Clerk to the_4d Geo e Kennedy, Pro-Tem
APPROVED AS 0 FORM: ��.,�� � `=�/
ons� L. Harbert
L�� /,72/A--fr
County Attorney C. W. Kirby
Ailli /barn
W. H. Webster
910368
I DEPARTMENT OR AGENCY NUMBER
NAA
CONTRACT ROUTING NUMBER �
' I
f BUDGET GRANT LINE I
COBG #90-738
FIRST 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 Room 323, Denver, Colerado 80203 hereinafter
referred to as the State, and the County of Weld, 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 121 ,
Contract Encumbrance Number C850738; and
WHEREAS, required approval , clearance and coordination has been
accomplished from and with appropriate agencies; and
WHEREAS, the parties heretofore entered into a Contract dated the 1st day
of December, 1990, contract routing number 91-187 and contract encumbrance number
C850738, hereinafter called the original contract, for the performance of
services and work, in consideration for Community Develypment Block Grant Funds;
WHEREAS, the Contractor received $230,000 in State CDBG funds for the
project and has agreed.to contribute $35, 160 towards completion of the project;
WHEREAS, the Contractor, has requested an amendment to the Original
Contract to add the communities of Severance, East Eaton and Firestone;
WHEREAS, the Contractor has requested an amendment to the Original Contract
to add an Replacement Housing activity;
WHEREAS, the Contractor has requested an amendment to the Original
Contract budget in order to allocate funds to the new Replacement Housing
activity;
WHEREAS, the parties to Contract desire to amend the Contract to reflect
the requested amendments;
WHEREAS, the above described amendments do not increase the amount of funds
obligated by the State;
Page 1 of 4 Pages
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ki 4;c.7 l
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NOW, THEREFORE, it is hereby agreed that:
1 . Provision 1 cf Exhibit A shall be amended to reed as follows:
Project Description and Objectives. Using C08G and other funds the
Contractor shall rehabilitate approximately twelve (12) single
family owner-occupied housing units and replace five (5) single
family owner-occupied housing units in the towns of Erie, Severance,
East Eaton and Firestone.
2. Provision 11 of Exhibit A shall be amended to read as follows:
I Other Funds
Project Activity Hotel COBG FundS Amount F Source j
Funds I ;1
Housing RehabilitatiOn $127,000 j $117,000 1 $10,000 Wx
t
Replacement Housing 1 $ 85,000 , $ 85,000
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Emergency Repair i $ 20,000 ; ,T ! $20,000 j WCHA
Administration $ 33, 160 $ 28,000 ., I $ 4,685 I WCHA j
l 475 Erie
TOTALS ! $265,160 x $230,000 '+ $35, 160 I
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3. This amendment shall be effective upon full exedution.
4. Except as herein amended, all other contract provisions shall remain in
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 .
Page 2 of 4 Pages
For,a-a( .m:N _
SPECIAL PROVISIONS
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cO\TRUI-l.r.ies ArrKG.AL
I. This ca.ntruat snail not be deemed s and untdltihall hat a been adorns ed hs the Controller of the State a(colorado or such assistant as he may aesignate.This
pros',ion n appiw Artie In any contract in.oh mg the Payment of movies by me State.
FI-ND AVAILABILITY
1. Financial onhgations of the State payable altar the current fiscal year are contingent upon funds for tha4purpose being appropnated.budgeted and otherwise
made at ailable.
BOND REQUIRKVIENT
3. If thin‘,.ot a,int olt es the pasmem of more than fifty th.wsana dollars for the construction,erection,repair,maintenance,or=pro.emend of any building.
mad,bridge..iaaur.t.tunnel,ex ca.anon or other public works for this State.the contractor shall.before entering the performance of any such work included in this
contract.dui)Cxc UIC and deiverto and file wuntheoliloat whose signature appears below for the State aarraall and sufficient bond or other acceptable surety to be
:mom%eo m .aid olTcial in a penal sum not less than une-half of the tout amount payable by the terms contract. Such bond shall be duly executed try a
qualified corp.,rate so rev.conditioned for me chitind faithful performance of the contract,and in addition.altail provide that if the contractor or his subcontractors
fail to doh p.r. for am :aror.materials.team ntraaustenance.provisions,provender or other supplies used fatonsumed by such contractor or his subcontractor in
peroernana_or inn work contracted to be done,the surely will oat'the same in an amount not exceeding the'litbn specified in the bona,together with interest at the
rate of cc.:per cent per annum. Unless such boot when so required.is executed.delivered and filed.no etiOlin favor of the contractor arising under tors contract
shall M auun ed.allow ed tar paid.A certified or etater's check or a panic money order payable to the Treas a kerf the State of Coloraao may be accepted in lieu of a
bond.This provision is in compliance with 38-26.106 CRS. as amended.
INDE\I N I FI CATI ON
a. To the extent authorized by law,the contactor shall indemnify,save and hold harmless the State.la employees and agents- against any and all claims.
damages.liability and court awards including Cats,expenses-and attorney fees incurred as a result of win or omission by the contractor,or its employees.
agents, subcontractors.or assignees pursuant*die terms of thts contract.
DISCIIIMINATION AND AFFIRNIATI.Y$ACTION
5. The contractor agrees to comply with the Inter and splint of the Colorado Antidiscrimination Act of 19,17,as amended,and other applicable law respecting
discrimination and unfair employment practices(2a-3110'_.CRS 1981 Replacement Vol.),and as required*Executive Order.Equal Opportunity and Affirma-
uve Action, dated April 16. 1975. Pursuant thereto, the following provisions shall be contained in alf Stale contracts or subcontracts.
During:la performance of this contract,the,6omtractor agrees as follows:
(I)) The contractor will not discnmmate ag.aiat any employee or applicant for employment because of ne.creed,color,national engin.sex,mantal status.
religion.ancestry.mental or physical handicap.or age.The contractor will take affirmative action 1O canna"that applicants are employed.and that employees are
treated during employment,without regard tone above mentioned charaaenstics.Such action shall ittende,but not be limited to me following:employment
upgrading.demotion.or transfer.rat-mamma Or recruitment advertising:lay-offs or termtnations:rates nday or other forms of compensation:and selection for
training,including apprenticeship.The contraegOr agrees to post in conspicuous places.available to empo}Res and applicants for employment notices to be pro-
vided by in: contracting officer sctung forth provisions of this non-discvnmauon clause.
(1) The contractor will.in all solicitations or advertisements for employees placed by or on behalf of the convector.state that all qualified apDiicanu will receive
consideration for employment without regin to race. creed. color. national origin, sex, mantal status:religion, ancestry, mental or physical handicap, or
age.
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(3) The contractor will send to earn labor union or representative of workers with which he has collecnidg,hargaining agreement or other contract or unders:and-
fng,notice to be provided by the contraeuag Officer.advising the labor union or workers' representatia.of the contractors coirmitment under the Exec:uve
Order. Equal Opportunity and ARrmauve Afyon-dated April 16. 1975,and of the rules, regulation,.and relevant Orders of the Governor.
(41 Tne contractor and labor unions will turned all inforsnauon and reports required by.Executive Ordet,bqual Opportunity and Affirmative Action of April 16,
1975.and by the rules,regulations and Ordain( Governor.or pursuant thereto,and will permit scold to his books.records,and accounts by the convening
agency and the office of the Governor or his4esrgnee for purposes of invesugmion to ascertain compliance with such rules, regulations and orders.
(5) A labor oreantzauon will not exclude enygndividual otherwise qualified from full membership nghtsht such labor organization.or expel any such individual
from membership in such labor organzauon Q t scraninate awns:any of its members in the full enflame:2u of work opportunity,because of race.geed,color,
sex,nauonai origin. or ancestry.
(6) A labor organization.or the employees onnembers thereof will not aid.abet-incite.compel or to a the doing of any act defined in this contract to be dis-
mminatory or obstruct or prevent any perza t Gorr complying with the provisions of this contract or afyoreter issued thereuncer.or aneaipt either directly or
indirectly, to commit any act defined is that contract to be discriminatory.
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395-53-01-101?
Revised 1188 Page 3 of 4 pages Dc-ianoa.-u
Form 6-AC-02C •
en In the event of the contractor's non-cornthitince with the non-discntnmation clauses of Nis contractorar wnh any of such rules,regulations.or orders.Ihts
contract may be cancelled.terminated or suspAr isel in whole Or in pan and the et eracior may be decWid ineligible for further State contracu in accordance
antis procedures,authorized m Execuuve Ontth:E,quat Opportunity and Affirmative Action of April 16.1l7S and the rules.reguiations.or orders promulgated
in accordance therewith.and such other sonatinas as may be imposed and remedies as may be invoked as gro ided in Executive Order,Equal Opportunity and
Affirmative Acton of April 16. 1975, Or by fates. regulations.or orders promulgated in accordance therewith, or as otherwise provided by law,
(8) The contractor will include the prorisidgnpf paragraph(1)thtwgli f 61 in every sub-contract and stinanttactor purchase order unless exempted by rules,
regulations,or omen issued pursuant to ExeeW re Order.Equal Opponunny and Affimutwe Action of Mail 16,1976.so that such provisions will be binding
upon each subcontractor or vendor.The comes:tor will take such action with respect to any sub-contraebpj or purchase order as the contracung agency may
direct.as a means of enforcing such provtsiortYahciuding 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 Site
of Colorado to enter into such liugauon to planet the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of 8.17-I01 S 102,CRS for pgfpmet of Colorado labor are applicable to this contract if public works within the State are undertaken hereun-
der and are financed in whole or in pan by Staab funds.
b. When construction contract for a public pleggact is to be awarded to a bidder.a resident bidder shall*allowed a preference against a non-resident bidder
from a state or tinter'country equal tp the prefetcgae given or required by the state or foreign country in wrath the non-resident bidder is a resident.If it is deter-
mined by the officer responsible for awarding that*that compliance with this subsection.06 may nonseasonal of federal funds which would otherwise be avail-
able or would otnenvise of inconsistent wan ren nwents of federal law-this subsection shall be susnenoed,'but only to the extent necessary m prevent denial of
the moneys or to eliminate tae inconsistency *En federal requtremenu (sectron 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 extrayudinal body or person or
which is otherwise in conflict with said laws,rules and regulations shall be considered null and void.Nothing enflamed in any provision incorporated herein by
reference which purports to negate tha Or any With Weird provision in whale or m pan shall be valid or enf10eeable or available in any anion 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 execs**.
8. At all times dunng the performance of this Contract.the Contractor shall stnctly adhere to all applicable federal and state laws,rules and regulations that
have been or may hereafter be establtshed.
9. The signatories hereto aver that they are fuggier with I8-8-301,sL seq.,(Bribery and Corrupt Influences)and 18-8-401,et.seq.,(Abuse of Public Office).
CRS 1978 Replacement Vol.. and that no vinIonon of such provisions is presem. -
10. The signatories aver that to their knowledge, no state employee his a personal or beneficial interest whatsoever in the service or property
described herein:
IN WITNESS WHEREOF. the parties hereto have executed this Contract on the day first above written.
Contractor. {field County Board of Commissioners
(Full Legal Name) STATE OF COLORADO
ROY ROMER, GOVERNOR
Z�r By EX£CUTIaE DIRECTOR.
Position (Title) airpers i
1-i- /4 of n. f3
Soau,Sccvnm NU3T eer or Finery LCl!titter. /1, DEPARTMENT kLOCAL AFFAIRS
i Q �! 1 / 1/ , ?r OF
(Y Corporauoo:) {
Attest (Seal)
/ApDY fj ✓�a t
By ��iC,.-C �ff.�'',G. --e
Cc.varatt$ennery,or Eauwahrot.TconVCRyE toto Crrt
APPROVALS
ATTORNEY GENERAL - CONTROLLER ' ..
By By
393-33-01-1030(sensed Ilse) Yarr`See cm m tonne4wk. DC.iazlOf.41
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