HomeMy WebLinkAbout930932.tiff RESOLUTION
RE: APPROVE COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT WITH COLORADO
DEPARTMENT OF LOCAL AFFAIRS FOR ISLAND GROVE REGIONAL TREATMENT CENTER AND
AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Community Development Block
Grant Contract for Island Grove Regional Treatment Center, between the Colorado
Department of Local Affairs and Weld County, Colorado, with terms and conditions
being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said
contract, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Community Development Block Grant Contract for Island
Grove Regional Treatment Center, between the Colorado Department of Local Affairs
and Weld County, Colorado 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 15th day of September, A.D. , 1993.
//,y/ 11 I� BOARD OF COUNTY COMMISSIONERS
ATTEST: �/✓ 1//Gad( WELD
COUNTY, COLORADO
Weld County Clerk to the Board (141- -
onst(ance L. Ha bert,101.410.-t7
/� / `/Chai�r,,maann
BY: / ��� ly/� /r� 101.�f'„. �"Y
Deputy Cler o the B d W. Webster, Pro-Tem
APPROVED AS TO FORM: / �
eo a Ec Baxter
oun y Attorney K. Hall
Barbara J. Kirkme r
930932
CDBG - 93-811 DEPARTMENT OR AGENCY
NAA
CONTRACT ROUTING NUMBER
9401a(0
GRANT BUDGET LINE
CONTRA T
THIS CONTRACT, made thiacroK7 day of 1993, by and between the State
of Colorado for the use and benefit of the Department of ocal Affairs, 1313 Sherman Street. Denver. Colorado
80203 hereinafter referred to as the State, and the Board of County Commissioners, County of Weld,
P. O. 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 1OO
Appropriation Code Number ►P-4 Org. Unit FDA(2f GBL Iricr7 Contract Encumbrance Number
(St;a,531i ; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the United States Government,through the Housing and Community Development Act of 1974
("the Act"), Pub. L. No. 93-383, as amended, has established a Community Development Block Grant ("CDBG")
program and has allowed each state to elect to administer such federal funds for its nonentitlement areas, subject
to certain conditions, including a requirement that the state's program give maximum feasible priority to activities
which will benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight; the
state's program may also include activities designed to meet other community development needs having a
particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the
community where other financial resources are not available to meet such needs. Additionally, the state's program
is subject to a federal requirement that not less than seventy percent (70%) of the aggregate amount of CDBG funds
received by the state shall be used for the support of activities that benefit persons of low-and moderate-income;
and
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 Local Government, Division of
Commerce and Development and Division of Housing, pursuant to C.R.S. 1973, 24-32-106(1) (d), 24-32-304(2) (j)
and 24-32-705(1) (i); and
WHEREAS, the Department has received applications from political subdivisions in Colorado for allocations
from the federal CDBG funds available to Colorado; and
WHEREAS, the Contractor is one of the eligible political subdivisions to receive CDBG 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 State,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 Donald D. Warden , 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.
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
Revised 06/92
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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 not later than the termination date set forth in the Scope of Services.
4. Eligibility and National Objectives. All project activities shall be eligible under Section 105 of the Act,
as amended, and all related regulations and requirements. Furthermore, project activities shall meet the following
indicated (with a "X") broad national objective(s), as set forth in Section 104(b)(3) of the Act, as amended, and all
related regulations and requirements:
X Benefit persons of low and moderate income;
Prevent or eliminate slums or blight;
Meet other community development needs having a particular urgency because
existing conditions pose a serious and immediate threat to the health or welfare of the
community where other financial resources are not available to meet such needs.
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 CDBG 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 CDBG program at 24
CFR Part 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(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.
c) Community Development Plan Requirement. Prior to receiving disbursements of CDBG funds from
the State, the Contractor shall identify its community development and housing needs, Including the needs of low-
and moderate-income persons, and the activities to be undertaken to meet such needs.
6. Definition of Low- and Moderate-Income Persons. Low-income and moderate-income persons are
defined,for the purposes of this Contract,as those persons who are members of low-income and moderate-income
families as set forth in Exhibit B,which is attached hereto and incorporated herein by reference, or as subsequently
promulgated in writing by the State.
7. Citizen Participation. The Contractor shall provide citizens with reasonable notice of, and opportunity
to comment on, any substantial change proposed to be made in the use of CDBG funds from one eligible activity
to another by following the same citizen participation procedures required for the preparation and submission of its
CDBG application to the State. The Contractor shall also comply with the procedure set forth herein regarding the
modification and amendment of this Contract.
Additionally,the Contractor shall have and follow a Citizen participation Plan which includes the six elements
specified in Section 104(a)(3)the Act. The Citizen Participation Plan must include a provision for at least one public
hearing during the course of the Project to allow citizens to review and comment on the Contractor's performance
in carrying out the Project.
8. Residential Antidisplacement and Relocation Assistance Plan. The Contractor shall follow a residential
antidisplacement and relocation assistance plan which, should displacement occur, provides that:
a) governmental agencies or private developers shall provide within the same community comparable
replacement dwelling for the same number of occupants as could have been housed in the occupied and vacant
occupiable low and moderate income dwelling units demolished or converted to a use other than for housing for
low and moderate income persons, and provide that such replacement housing may include existing housing
assisted with project based assistance provided under Section 8 of the United State Housing Act of 1939;
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CDBG - 93-811
b) such comparable replacement dwellings shall be designed to remain affordable to persons of low
and moderate income for ten (10) years from the time of initial occupancy;
c) relocation benefits shall be provided for all low or moderate income persons who occupied housing
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, provided
either:
i) compensation sufficient to ensure that, for a five-year (5-year) period, the displaced families
shall not bear, after relocation, a ratio of shelter costs to income that exceeds thirty percent
(30%); 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;
d) 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 (d) 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.
The Contractor shall follow the Residential Antidisplacement and Relocation Assistance Plan except that paragraphs
a) and b) shall not apply in a case in which the Secretary of the U. S. Department of Housing and Urban
Development finds, on the basis of objective data,that there is available in the area an adequate supply of habitable
affordable housing for low and moderate income persons. A determination under this paragraph is final and
nonreviewable.
9. 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.
10. Recovery of Capital Costs of Public Improvements. The Contractor shall not attempt to recover any
capital costs of public improvements assisted in whole or part with CDBG funds by assessing any amount against
properties owned and occupied by persons of low and moderate income, Including any fee charged or assessment
made as a condition of obtaining access to such public improvements, unless;
a) CDBG funds are used to pay the proportion of such fee or assessment that relates to the capital
costs of such public improvements that are financed from revenue sources other than the CDBG program, or
b) for the purposes of assessing any amount against properties owned and occupied by persons of
moderate income who are not persons of low income, it certifies that it lacks sufficient CDBG funds to comply with
the requirements of subparagraph (a) hereinabove.
11. Compensation and Method of Payment. The State agrees to pay to the Contractor, in consideration
for the work and services to be performed, a total amount not to exceed FOUR HUNDRED TWENTY-FIVE .
THOUSAND AND NO/100 Dollars ( $425.000.00 ). The method and time of payment shall
be made in accordance with the "Payment Method" set forth herein.
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12. 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 the Financial management section of the CDBG Grantee Handbook, hereinafter referred to as the
"Financial Management Requirements".
13. Payment Method. Unless otherwise provided in the Scope of Services:
a) The Contractor shall periodically initiate all drawdown requests by submitting to the Department
a written request using the State-provided form,for reimbursement of actual and proper expenditures of State CDBG
funds plus an estimation of funds needed for a reasonable length of time.
b) The State may withhold any payment if the Contractor has failed to comply with the Financial
Management Requirements, program objectives, contractual terms, or reporting requirements.
c) The State will withhold payment of the final five percent(5%)of the total contract amount until the
Contractor has submitted and the Department has accepted all required quarterly Financial Status Report and
Performance Report information.
14. Audit.
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 Account 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 subcontractors) 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,
provided that the audit is performed during normal business hours.
b) Mandatory Audit. Whether or not the State calls for a discretionary audit as provided above,the
Contractor shall include the Project is an annual audit report as required by the Colorado Local Government Audit
Law, C.R.S. 973, 29-1-601, et seq 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 Department and
the State Auditor. Thereafter, the Contractor shall supply the Department 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.
15. 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.
16. 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. NI of the services required hereunder will be performed
by the Contractor or under its supervision.
The Contractor is responsible for providing Workman's Compensation Coverage and Unemployment
compensation Coverage 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 Workman's Compensation Coverage for any employees
or subcontractors of Contractor pursuant to this agreement.
17. 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
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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.
18. 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 CDBG 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 CDBG 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
b 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 18b hereof relative to termination shall apply.
19. 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. Contractor shall follow the revision procedures set forth
in the Financial Management Requirements 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 percent (5%) of the total contract
amount or Five Thousand Dollars ($5,000), whichever is less;
b. when any budget transfers to or between administration budgetary
categories are proposed;
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9309:19
c. when the scope, objective or completion date of the Project changes;
d. when additional or less State funding is needed;
a when revisions Involve the transfer of amounts budgeted for indirect
costs to absorb Increases in direct costs; and
f. when revisions pertain to the addition of items requiring approval in
accordance with the provisions of the subsection of the Financial
Management Requirements entitled "Cost Principles."
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:
2. when cumulative budgetary changes exceed ten percent (10%) 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 State 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.
20. 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.
21. Reports.
a) Financial Reports. The Contractor shall submit to the Department three(3) copies of quarterly financial
status reports In the manner and method set forth in the Financial Management Requirements.
b) Performance Reports. The Contractor shall submit to the Department three (3) copies of quarterly
performance reports and of a project completion report in a manner and method prescribed by the Department.
22. 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.
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
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functions or responsibilities with respect to CDBG 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
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 receMng
CDBG 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 CDBG 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 disclosure of the nature of the conflict, accompanied by an assurance that:
i. 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
H. the affected person has withdrawn from his or her functions or
responsibilities, or the decision making process with respect to
the specific CDBG 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
g. A written statement signed by the chief elected official 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:
g. 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;
g Whether the person affected is a member of a group or class of low or
moderate Income persons intended to be beneficiaries of the CDBG 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.
23. 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 Part 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.
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 carded 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 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.
•
m) 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
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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 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) Section 104(d) of the Housing and community Development Act of 1974 (42 USC 5301 as amended
and implementing regulations at 24 CFR Part 570)providing for the replacement of all low/moderate-income dwelling
units that are demolished or converted to another use as a direct result of the use of CDBG funds, and which
provides for relocation assistance for all low/moderate-Income households so displaced.
o) 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 eight or more families.)
p) 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.
q) 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.
r) The Lead-Based Paint Poisonina 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.
s) Section 3 of the Housina and Community Development Act of 1968 (12 USC 1701 (u)), 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.
t) Section 109 of the Housina 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.
u) Title VI of the Civil Rights Act of 1964 (Pub. L 88-352; 42 USC 2000 (d)) prohibiting discrimination on
the basis of race, color, religion or religious affiliation, or national origin in any program or activity receiving federal
financial assistance.
v) 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.
w) 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.
x) 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.
y) 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.
z) 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.
24. Monitoring and Evaluation. The State will monitor and evaluate the Contract with the Contractor under
the CDBG program. The Contract will be monitored for compliance with the rules, regulations, requirements and
guidelines which the State has promulgated or may promulgate and will be monitored periodically during the .
operation of the project and upon its completion. The Contract will also be subject to monitoring and evaluation
by the U.S. Department of Housing and Urban Development. The Contract will be evaluated to gauge its Impact
upon low- and moderate-Income residents of the community, slums or blighted areas, or other urgent need
conditions and for the effective and efficient utilization of CDBG funds.
Page 9 of 12 Pages
930932
25. 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.
26. Bindina 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.
27. 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.
28. Non-Discrimination. The Contractor shall comply with all applicable State and Federal laws, rules,
regulations and Executive Orders of the Governor of Colorado involving non-discrimination on the basis of race,
color, religion, national origin, age, handicap or sex. In compliance with Paragraph 5 of the Special Provisions
section of this contract, Contractor agrees to consider minorities or minority businesses as employees, specialists,
agents,consultants or subcontractors under this Contract. Contractor may utilize the expertise of the State Minority
Business Office within the Office of the Governor for assistance in complying with the non-discrimination and
affirmative action requirements of this contract and applicable statutes.
29. gxcessive 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 subreciplents shall certify and disclose accordingly.
d) 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$100,000 for each
such failure.
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. p ��p r�
Pone In of 19 P.n 93X32
ac
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 are employed,and that
employees are treated during employment,without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following:
employment upgrading,demotion,or transfer,recruitment or reuuitsnent advertisings;lay-offs or terminations;rates of pay or other forms of compensation;and
selection for training,including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment.
notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause.
(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
l6. 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-02B
Revised 1/93
395-53-01-1022
page 11 of 12 pages
9:1O422
CDBG - 93-811
(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)though(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
61.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
arc 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 orenforceable or available in any action at law 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:
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
Contractor:
(Full Legal Name) BOARD OF COUNTY COMMISSIONERS, STATE OF COLORADO
COUN OF WELD, COLORADO ROY R ER,GOV R
BY -2a e2.-}c/1.11./4":"" By
Position(Title) CHAIRMAN °9/a0/9.3 •s EXECUTIVE Rrrry
84-6000813Number or
f� t�s«i,p way owns«« t.u. DEPARTMENT %( "`
If Corporation* ✓jQ�jry/yJ/j N(/��c:' OF
Attest(Seal) /�� 7","'v/ /�� ���✓6�
ByrKYJ—
Corporate .or Equivalent,Toont/Cityr-o•mty Clerk
APPROVALS . CUN l ROLLER
"
ATTORNEY GEN k� , t J�Ef ..,.L,.
CONTROLLER )- J 11 /
By �fl T4SSf By �, I t
ES
Form 6-AC-02C
Revised 1193 Page 12 which is the last of 12 pages
395-53-01-1030 'See inswctions on reverse side
92fl n2
EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
930932
CDBG - 93-811
EXHIBIT A
1. Scope of Services
The Project consists of the construction of a 15,136-square foot building by Weld County,Colorado
(Contractor) to house the short-term residential and detoxification programs of the Island Grove
Regional Treatment Center, Inc., (Island Grove Center) a private non-profit organization serving
substance abuse clients in northeastern Colorado.
The building to be constructed will include, but not be limited to, men's detoxification and
residential rooms, women's detoxification and residential rooms, counseling and meeting rooms,
rest rooms, a kitchen, dining area and administrative offices.
Up to $425,000 in Community Development Block Grant (CDBG) funds are provided under this
Contract to partially finance Project costs. The Contractor and Island Grove Center are responsible
for securing all Project funding in excess of$425,000.
Island Grove Center will own the facility. However,the Contractor will require Island Grove Center,
as subgrantee,to provide the above-described services or to house another CDBG-eligible activity
at the Project location for a period of at least five (5) years.
In the event that the facility ceases to operate for the,use stated above or for another CDBG-eligible
activity for a period of at least five(5) years from the date construction of the building is completed
and a certificate of occupancy is issued, CDBG grant funds must be reimbursed to the State as
follows: if use of the facility for a CDBG-eligible activity ceases during the first three (3) years of
use,the Contractor will reimburse the State one hundred percent (100%) of the CDBG grant funds;
if such operations cease in the fourth (4th) year, sixty percent (60%) of the grant funds must be
reimbursed to the State; in the fifth (5th) year, a thirty percent (30%) reimbursement to the State
will be due. In the sixth (6th) year and beyond, no reimbursement of CDBG grant funds by the
Contractor to the State will be required.
Selection of contractors and purchase of materials to accomplish the Project shall follow
appropriate procurement standards as outlined in HUD and Department of Local Affairs guidelines
for CDBG recipients.
The Project is an eligible activity as construction/reconstruction of a public facility. Benefits of the
Project will accrue to low and moderate income residents of the northeastern region of Colorado,
as defined in the attached Exhibit B. Validity of Project benefits shall be based upon client data,
which, for the purposes of this Contract, must show that on an annual basis no less than thirty-
eight percent(38%) of the clients served come from non-entitlement areas and more than fifty-one
percent (51%) of the total number of clients served are from low-or moderate-income households.
The Contractor shall be responsible for tracking family income and the place of permanent
residence of the clients served by the Island Grover Center during the first year of operation of the
facility.
2. Time of Performance
The Project shall commence upon the full and proper execution of this Contract and shall be
completed on or before February 28, 1995.
3. Budget
Activity Project Cost State CDBG Contractor
Construction (2F) and $900,000 $425,000 $475,000
Equipment (19A)
Architectural Services (2A) 50,000 -0 - 50,000
TOTALS $950,000 $425,000 $525,000
Page 1 of 2 Pages
930932
CDBG - 93-811
EXHIBIT A
4. Payment Schedule
a. $403,750 Shall be paid upon approved drawdown requests
submitted by the Contractor.
b. 21,250 Representing five percent (5%) of the CDBG grant
amount, to be paid upon completion of the Project,
following submission by the Contractor and approval
by the State of final financial and program reports, with
the exception of the audit.
$425,000 TOTAL
Payments shall be made in accordance with the provisions set forth in Paragraph 13 within the
main body of this Contract.
5. Contract Monitoring
The Colorado Department of Local Affairs shall monitor this Contract in accordance with the
provisions set forth In Paragraph 24 within the main body of this Contract.
6. Reporting Schedule
The Contractor shall provide quarterly financial and program reports to the Department of Local
Affairs in accordance with the provisions set forth in Paragraph 21 within the main body of this
Contract.
Page 2 of 2 Pages
93093,2
EXHIBIT B
DEFINITION OF LOW AND MODERATE INCOME HOUSEHOLDS AND PERSONS
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STATE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS
Western Slope Office ��pFCo�p.
State Services Building, Room 409 ,e '\ ,
333 South Sixth Streetnai
Grand Junction,Colorado 81501
Phone(303)348-7310 ♦1876 r/
Roy Romer
Governor
September 10, 1993
Mr. Donald D. Warden
Director, Weld County Finance
and Administration
P. O. Box 758
Greeley, CO 80632
RE: CDBG 93-811 - Weld County/Island Grove Treatment Center
Dear Mr. Warden,
Enclosed are four copies of the Community Development Block Grant contract
for the above-referenced project. The Chairman of the Board of
Commissioners should sign each copy on page 12 of 12 pages. An attesting
signature by the County Clerk and an attesting seal are also required on each
copy.
Please do not date the contracts. Send all four signed copies, with the
enclosed routing memo to:
Department of Local Affairs
ATTENTION: Mrs. Mary Cornish
Field Services Section
1313 Sherman Street, Room 518
Denver, CO 80203
If you have any questions, please call me, or Don Sandoval at 679-4501 in
Loveland.
Sincerely,
Mary Lou Welch
Administrative Officer
Enclosures
cc: Don Sandoval
930932
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