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Home My WebLink About911050.tiff DEPARTMENT OR AGNCYY Form 6-AC-021(R 5/85) AA CONTRACT ROUTING NUMBER CDBG - 91-607 9z 7o 7 GRANT BUDGET LINE DII � CONTRACT L ' v 1991, by and between the State THIS CONTRACT, made this // day of of Colorado for the use and benefit of the Department of Local ffairs, 1313 Sherman Street,Denver,Colorado 80203 hereinafter referred to as the State and the Board of County Commissioners, County of Weld, 915 10th Street, Greeley, Colorado 80632 , hereinafter referred to as the Contactor. 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 t o O Appropriation Code 1"2-2, , Org. Number PD , Contract Encumbrance Number 5 16 o7; 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 Gant ("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 centreceived s to a ubject the�statelshall be useduirement that not less than for the support of activities that benefit nefitf the persons of ow aandunt of CDBG funds moderate-income; and WHEREAS, the State of Colorado has elected to administer such federalision funds nds Localr its Government, ment D vision of areas through the Colorado Department of Local Affairs ("Department"), "Depait ). ch 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 afn a employee requird of Conder ,shall be is hereby nder the direct supervision of Donald D. Warden P Yagent 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 Page 1 of 12 Pages cl I ICGSG 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. 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 an "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. AdminlstratNe costs, reasonable engineering and design costs, and costs of other exempt actNities 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 es dwhich reire ocumengtusuch a compliance with any other Feral laws a of exemption prior o incurringcosts for s Contractor must make and such actNities c) Community Development Plan Requirement. Prior to receiving disbursements of CDBG funds from the tate, the andsmoderate-Income C tpe per kientify sons, and thesacttNit es t community development and be undertaken to meet such including the needs of low- ch 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 the Exhibit B, which Is attached hereto and In 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 Antidisolacement and Relocation Assistance Plan. The Contractor shall follow a residential antidisplacement and relocation assistance pan which, should displacement occur, provide that: a) governmental agencies or private developersshall provide have been housed n same the occupied comparable replacement dwellings for the same number of occupants as could 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 States Housing Act of 1939; Page 2 of 12 Pages 911.050 CDBG - 91-607 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 benefts 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 icludi g any inter m living costts; and, in the case o d splaced pers moving-related persons of low and moderate income, provide either: 0 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 li) ff elected by a family, a lump-sum payment he household to se the eccu e participation in a housing lfthe available under subclause (i) too permit cooperative or mutual housing a«iation; 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 subpragraph final unless ed by the a court determinesrthe decisionnwasay appeal to arbtrary and e State, and capricious. that the decision of the capricious The Contractor shall follow the Residential Antidisplacement and Relocation Assistance Plan except that paragraphs a) and b) shall not apply In an 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. g. 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 exceedTHREE HUNDRED 0 O0 )S The SEVENTY-FIVE hod and THOUSAND THREE HUNDRED TWENTY AND NO/100 Dollars time of payment shall be made in accordance with the 'Payment Method' set forth herein. Page 3 of 12 Pages 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. Pavme —hod. 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 (5) percent 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) Discretioudt. The State, through the Executive Director of the Department, the State Auditor, cor any hoosing their the ly federallo9 vernment or any of including prroperly delegated independent or authorized Public representtat representatives shall have relevant documents. Such discmine, and retionary audit may be requdit the Contractor's (and ested at any time a d for anyyoreasonccounts and other from the effective date of this Contract until five (5) ye rs ft normal date business layment for this Project is received by the Contractor, provided that the audit Is performed b) Mada[Ory Audit. Whether or not the State calls for a discretionary audit as provided above, the `aw, C.R.S. 1973, 29-1-601, etesegn an and annual the Single AuditAct report as ofrequired by L.olorado 98-502, and federal and Audit State implementing rules and regulations. Such audit reports shal©be simultaneously Department with cop mitred e alto the correspondence Dentfand the State Auditor. Thereafter, the Contractor shall supply the State Auditor related to the relevant audit report. If the audit reveals evidence of non-compliance a 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 respresents that it has, or will secure at its own expensor, necessary to e, the then and stated in the Scope of Services, all petheCon tractor under this the Contract. Such personnel may not be employees services required t be performed by 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 and Contractor agrees to indemnify the State for any costs for which the State may be found liable in these regards. 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 is 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 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 State for any employees r a orbco tract the f Coe afound Contractor be pursuant i tothis in Agreement, and Contractor agrees to indemnify the this regard. 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 u t ve payments on by the prohibit tractoe Contractor from to incurring additional obligations of contractual funds, pending Page 4 of 12 Pages l. .n io terminate in accordance with provisions herein. The Sate 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 Sate. In the event that such funds or any part thereof are not received by the State, the Sate 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 Sate 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. oll finished or unfinished documents, data, studies, ther material prepared by he Contractor under this surveys, drawings, maps, models, photographs, and reports or 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 Sate 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.specifying the of etctve date thereof cat leastn twenty (20) (days ng written notice othe effective termination of such Contractor aandspecify in termination. In that event, all finished or unfinished documents If he Contract is terminated by'the State as provided aragraph b above shall,nt the option of paid State, become its property. herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the enu of ervices actually performed bear to the total services of the Contractor covered by this Contract, less pay 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. Contactor 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: udgetary changes a. unless otherwise er ecified in ent of hehto alocont contract amount or Five Thousanpe of Services,when cumulatived Dollars ($5,000), exceed five (5) p whichever is less; b. when any budget transfers to or between administration budgetary categories are proposed; Page 5 of 12 Pages .., r1/2 W c, when the scope, objective or completion date of the Project changes; d, when additional or less State funding is needed; e. 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: 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 g. 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. Intearation. 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 ReDOrtS. 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 Page 6 of 12 Pages O11 irr 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. 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 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. 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 ii. 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 ¢. 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); Hi) Factors to be COnsldered 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: �. 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 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: Page 7 of 12 Pages r§.-5 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 ft 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 Drinkinq 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 govemment 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. I) 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 91b16 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 Page 8 of 12 Pages °I "' PT- • 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 tocal law,and assn ranee that the grant recipient must adopt a written policy available to the public describing the relocation payments 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 to 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.) o) Contract Work Hours and Safety Standards Act of 1962 (40 USC 327eetq.) e s r not less than one and that mechanics and laborers employed on federally-assisted contracts which exceed $2,000 be paid wages one-half times their basic wage rates for all hours worked in excess of forty In a work week. p) Copeland 'Anti-Kickback' Act of 1934 (40 USC 276 (c)) prohibiting and prescribing penalties for 'kickbacks' of wages in federally-financed or assisted construction activities. q) The Lead-Based Paint Poisoning Prevention Act — Title IV (42 USC 4831) prohibiting the use of lead-based paint in residential structures constructed or rehabilitated with federal assistance, and of the symptoms nd requlang notification to purchasers and tenants of such housing of the hazards of lead-based paint a treatment of lead-based paint poisoning. r) Section 3 of the Housing 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. s) Section 109 of the Housing and Community Development Act of 1974 (42 USC 5309), as amended, providing that no person shall be excluded from participation (Including employment), dented 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 1 (Community Development) of the Act. t) Title VI 9f the CIA 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. 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. 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. _g 05n onna o of 12 Panes 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. 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. 27. Subletting. Assignment or Transfer. Neither party nor any subcontractors hereto may sublet, sell, transfer, assign or otherwise dispose of this Contract or anN subcontract po tbn thereof,or or of its Contract ights, title, inter in any case t or duties therein,without the prior written consent of the other party. 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 Govemor 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 Govemor for assistance in complying with the non-discrimination and affirmative action requirements of this contrail and applicable statutes. 29. Excesstve 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;entrance to or has ptekd and f from as enforcing nf o sing acpolicy which is the applicable state and local laws against physically 9 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-L1. _ '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, sub9rsa�oand se accordingly.sunder grants, loans, and cooperative agreements) and that all subrecipients shall certify and 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. Apulicant 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 tts subcontractors. Page 10 of 12 Pages 1.:L oso • Form 6-AC-026 • SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This conv act 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 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 works for this State,the contractor shall,before entering the performance of any such work included in this convect,duly execute and deliver to and file with the official whose signature appears below for the State,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 convect. Such bond shall be duly executed by a qualified corporate surety,conditioned for the due and 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,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,when so required,is executed,delivered and filed,no claim in favor of the convector arising under this 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 38-26-106 CRS, as amended. 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 convector agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,as amended,and other applicable law respecting ARrma discrimination and unfair employment practices(24-34-402.CRS 1982 Replacement Vol.),and as required by Executive Order,Equal Opportunity and'eve Action, dated April 16. 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or subcontracts. During the performance of this convect, the contractor agrees as follows: (1) 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 arc 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 advertising: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 pro- vided by the contracting officer setting forth provisions of this nondiscrimination clause. (2) The convector will.in all solicitations or advertisements for employees placed by or on behalf of the contractor,slate that all qualified physicalapplicants will receive consideration for employment without regard to race,creed, color. national origin, sex, marital status, religion, ancestry, mental age. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understand- ing,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. (4) The contractor and labor unions will fumish 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. (5) 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. (6) 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 dYs- cnminatory 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. 39553-01-1022 [k 10,2306s 8X Revised 1/88 page 11 of 12 Pages $1.1030 CDBG - 91-607 • Form 6-AC-02C (7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contractor or with any of such rules,regulations,or orders,this contract may be cancelled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April I6,1975 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. (8) The contractor will include the provisions of paragraph(1)through(8)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 8-17-101&102,CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereun- der and are financed in whole or in part by State funds. b. When 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 deter- mined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be avail- able 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(section 8-19-101 and 102, CRS). GENERAL - 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution and enforcement of this contract.Any provision of this contract whether 6r 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 par shall be valid or enforceable or available in any action at law whether by way of complaint,defense Of 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 hereto aver that they are familiar with IS-8-301,et,seq.,(Bribery and Corrupt Influences)and 18-8-401,et.seq.,(Abuse of Public Office). CRS 1978 Replacement Vol., and that no violation of such provisions is present. 10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. Contractor. (Full Legal Name) BOARD OF COUNTY COMMISSIONERS, STATE OF COLORADO COUNTY OF WELD OLO ROY MER, ER.NOR By By •5 EXEC TIRE DIRE O Position (Tide) CH I G r 3 Socialsecvmy Number«Federal I D.Number. --V DEPARTMENT OF LOCAL AFFAIRS (If Corporation:) SW/4e Attest (Seal) /0714/By l�jy Corporate Secretary,or Equi^-- Town/t ily/County Ck APPROVALS ATTORNEY G. ERA i/y' f CONTROpdr�/ By By .••• ¢ 9.. �... . SG .L"er•e.C.� WW.+�.»l Page 12 which is the last of 12 pages 39553-0I-Imam(Revised 1/88) •See Inswctions on reverse side. DGIn-23O5.-88 41 1050 EXHIBIT A ,SCOPE OF SERVICES AND PAYMENT SCHEDULE 1.1.050 CDBG - 91-607 EXHIBIT A 1. Scope of Services The Project consists of the renovation of the Centennial Developmental Services, Inc.facility,which serves low income developmentally disabled children and adults. The facility is located at 3819 St. Vrain Street, Evans, Colorado. Renovation will Include, but not be limited to, Improvements to the electrical, plumbing, and heating/ventilation/air conditioning systems and interior remodeling of the adult skills building,the parent-child learning building and administrative offices to provide office space, classrooms, and counseling rooms. The Project will also Include the construction of additional office space and a therapeutic greenhouse at the facility. The buildings and improvements will be owned by Centennial Developmental Services, Inc.,a non- profit corporation. The Contractor (Weld County) will place a deed restriction on the property requiring that, in the event Centennial Developmental Services ceases to operate the facility for a use eligible under Community Development Block Grant (CDBG) requirements, Centennial Developmental Services, Inc., will reimburse the Contractor$375,320, which represents the entire is t. In such case,etmount of urned fundsB ofunds provided under another CDBG-eligible huse. Thecterm of the deed he restriction Contractor res ctionshall will apply te the n (10) years. For the purposes of this Contract, throughout the 10-year term of the above-described deed of restriction the Contractor must submit to the State documentation demonstrating that on an annual basis no fewer than fifty-one percent (51%) of the clients served by Centennial Developmental Services, Inc. at the facility are of low and moderate Income, as defined In the attached Exhibit B, and at least forty-four percent (44%) of the clients live In nonentitlement areas of Weld County. Up to $375,320 In CDBG funds may be used for Project renovation and construction costs. The Contractor Is responsible for securing all Project funding in excess of $375,320. Selection of contractors and purchase of materials to he Project will follow appropriate procurement standards as outlined in HUD a accomplisht and Department Local Affairs guidelines f or CDBG recipients. 2. Time of Performance The Project will commence upon the full and proper execution of this Contract and will be completed on or before January 31, 1993. 3. Budget Activity I Project Cost I State CDBG I Contractor Renovation and $853.000 $375,320 $477, 680 and Construction (2G) TOTALS sac:1,000 $375,320 $477,680 Page 1 of 2 pages 1030 CDBG - 91-607 EXHIBIT A 4. Payment Schedule A. $356,500 Will be paid upon approved drawdown requests submitted by the Contractor. B. 18,820 To thebCon Id upon ractorr andmpletion of app oval by he Project, Statefollowing of final submission l financial and program reports, with the exception of the audit. $375,320 TOTAL Payments will 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. 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