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Home My WebLink About930780.tiff RESOLUTION RE: APPROVE CONTRACT FOR HOME INVESTMENT PARTNERSHIPS PROGRAM WITH COLORADO DEPARTMENT OF LOCAL AFFAIRS AND AUTHORIZE CHAIRMAN TO SIGN - PROGRAM COSTS 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 the Colorado Department of Local Affairs and the Weld County Board of Commissioners, for program costs in the amount of $330, 400, 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 program costs in the amount of $330,400, 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. /A BOARD OF COUNTY COMMISSIONERS ATTEST: 4/1444 WELD COUNTY, COLORADO Weld County Clerk to the Board oz rrryi-�v 2 onstance L. arb rt, Chairman , arb 4(4_74/1 W. H.�bster, Pro-Tem puty Ck to t Bo rd APPROVED AS TO FORM: /z/C l� George coR(Baxter County Attor ey Dale K. Hall EXCUSED DATE OF SIGNING (AYE) Barbara J. Kirkmeyer 930780 SSoot �C ' ' �';; HOME 100892 #93-043 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 (CHDO) 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) (i); 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. Page 1 of 12 Pages 9307iG ( 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)11) through (8) do not require a release of funds by the State. For categorically excluded activities listed in 58.35 (a) 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 converted 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: it 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. Page 2 of 12 Pages 930780 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)14)(ii)(B) and Section 252(a)15), 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 federal HOME account, in consideration for the work and services to be performed, a total amount not to exceed Three Hundred Thirty Thousand Four Hundred and NO/100 Dollars ($330,400).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 shall comply with the administrative requirements,cost principles and other requirements set forth in 0M B 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. Page 3 of 12 Pages 9 30989 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. b) Termination for Cause.If,through any cause,the Contractor shall 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. c) 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 19h hereof relative to termination shall apply. Page 4 of 12 Pages 920►y8!) 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: i) 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 (3) 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. Page 5 of 12 Pages tr•I tr8O bl 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. i) 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); 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 bl; 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: Page 6 of 12 Pages (�Y�p/] 930 89 a) National Environmental Policy Act of 1969 (42 USC 4321 et seq.), as amended, and the implementing regulations of HUD (24 CFR Part 581 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. bl 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. dl 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. el 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. g) 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. j) 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. I) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970--Title Ill, 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 421, 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 Page 7 of 12 Pages �.3U''8n 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. ql 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 142 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 $2,000. 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 93L) "Sfl 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. b) 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 510,000 and not more than 5100,000 for each such failure. Page 9 of 12 Pages © ' Y' 89 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 934Y'89 wr `• 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 arc 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 are employed,and that employees am 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. (f) 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 1.1 of 2A pages (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 pan 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 a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is determined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements(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 law whether by way ofcomplaint.- 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 18.8-601.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 executed this Contract on the day first above written. contractor: Weld County Board of Commissioners g(Fegal Name) STATE OF COLORADO • 74.1:221.71,,F---aditi—e-/.24- ROY ROMER,GOVERNOR CONSTANCE L. 08/11/93 By •5 EXECUTIVE DIRECTOR Position(Title) CHAIRMAN 84-6000-813 ' s ot security a r q�Y+t).¢ DEPARTMENT If Corporation:) r /,'f�l,(u/fr////// OF Local Affairs Attest(Se ) / /' By /Y i1 /� / /9�—/7c--If.:--6 cne.73EXTMOVXXXXXXRICpert TO BOARD APPROVALS ATTORNEY GENERAL CONTROLLER By By Fenn 6-AC-02C Revised I/93 Page 12 which is the last of pages 395-53-01-1030 •Sec instructions on reverse side. O"Tn'Rf EXHIBIT A Scope of Services 930'189 EXHIBIT A SCOPE OF SERVICES County of Weld - #93-043 1. Project Description and Objectives. Using HOME and other funds the Contractor shall rehabilitate approximately fifteen (15) single family owner-occupied ISF00) 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 (2) replacement housing units. HOME funds will be used for rehabilitation (SF00 and RR) and replacement housing. 2. Affirmative Marketing Plan. Projects with five (5) or more units must have an Affirmative Marketing Plan submitted to and approved by the Division of Housing prior to the release of funds. This plan must be written in accordance with Paragraph 11 of the main body of this Contract. 3.(a) Low and Moderate Income Benefit (Single Family Owner Occupied). 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. (b) Low and Moderate Income Benefit (Rental). The Contractor shall insure that all of the HOME dollars will be spent on rental housing units that will be occupied by persons whose household income is less than or equal to 60% of the area median income. 4.(a) Affordability (Projects with up to two (2) units). To insure the housing is affordable to low and moderate income persons, rents can be no higher than the lesser of the Section 8 Fair Market Rents periodically established by HUD for the Section 8 rental assistance program for existing housing or rents which are 30% of adjusted income for household at 65% of area median income minus tenant paid utilities. These rents are set forth in Exhibit C, which is attached hereto and is incorporated herein by reference, or as subsequently promulgated in writing by the State. Area median incomes and Fair Market Rents area annually adjusted by the Department of Housing and Urban Development (HUD). (b) Affordability (Projects with three or more units or an owner of multiple one or two unit projects. To insure the housing is affordable to low and moderate income persons, 80% of the HOME assisted rental units must have rents that are the lessor of the Section 8 Fair Market Rents periodically established by HUD for the Section 8 rental assistance program for existing housing, or rents which are 30% of adjusted income for households at 65% of area median income minus tenant paid utilities. The remainder of the units must have rents which equal 30% of annual incomes for households at 50% of area median income minus tenant paid utilities. Weld County 2-Bedroom 3-Bedroom 5501 $630 Fair Market Rent $474 5539 65% of Median Rent Limit 5359 $406 50% of Median Rent Limit Rent and income level must be reviewed annually by the Contractor for compliance with the above requirements. Page 1 of 3 Pages its "y t;i9 The Contractor shall ensure that all of the units in the Project continue to be used to provide housing for low and moderate income persons at affordable rents. If less than fifteen thousand dollars (S15,0001 of HOME funds is expended on a unit, the unit must be kept affordable for a period of not less than five (5) years form the date of initial occupance. If between fifteen thousand (815,000) and forty thousand (840,000) dollars of Home funds is expended on a unit, the unit must be kept affordable for a period of not less than ten years from the date of initial occupancy. The Contractor shall be responsible for executing deed restriction that will ensure that the property will remain affordable without regard to the term of any mortgage or the transfer of ownership for not less than the affordability period described above. 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. Page 2 of 3 Pages 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. 11. Project Activities and Budget. Other Funds Project Activities Total Funds HOME Funds Amount Source Rehabilitation-SFOO 4252,756 4180,000 8506 County 40,000 FmHA 5,000 WX-Helpmate 10,000 WX 17,250 Evans Rehabilitation-RR 3163,420 4130,400 $32,600 Owners 420 County Direct Administration $48,467 $21,467 WCHA 27,000 CDBG General Administration $23,875 $10,875 WCHA 13,000 HOME• Replacement Housing 834,000 520,000 410,000 WCHA $4,000 County Totals $522,518 5330,400 5192,118 " 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 31, 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. Requests for Disbursements of Funds. The County of Weld is certified as a state recipient and shall request disbursements of funds through the HOME program Cash and Management Information (C/MI) system for payment of eligible expenses. All HOME funds must be disbursed to a payee (contractor, sub-contractor etc.) within fifteen days of receipt from the U.S. Treasury. 14. Reporting Schedule. The Contractor shall provide quarterly financial and program reports to the Department of Local Affairs, Division of Housing. Copies of project set-up, payment requests, and project close-out forms required by the C/MI system shall be sent to the Division of Housing as set forth in Paragraph 22 within the main body of this Contract. 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