HomeMy WebLinkAbout900066.tiff RESOLUTION
RE: APPROVE CONTRACT CONCERNING RENTAL REHABILITATION BETWEEN
WELD COUNTY AND DEPARTMENT OF LOCAL AFFAIRS AND AUTHORIZE
CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Contract
concerning rental rehabilitation in the Towns of Nunn, Ault, and
Hudson between Weld County and the Department of Local Affairs,
and
WHEREAS, after study and review, the Board deems it advisable
to approve said Contract, a copy being attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Contract for
rental rehabilitation between Weld County and the Department of
Local Affairs be, and hereby is , approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Contract.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 17th day of
January, A.D. , 1990 .
( J BOAR OF COUNTY COMMISSIONERS
ATTEST: f" jyyf^'Cif'"1/11`(tU%m) WE OUNTY, CO�� ORADO
Weld County larkand Recorder
and Clerk to the Board Gene R. Brantner,�Chairman
Knnedy, Pro-Tem
Deputy County lark
APPROVED AS TO FORM: once L. Harbert
cli/14
C.W. Kir
County Attorney
Gor o acy
900066
( Direct Deposit Authorization u.e.Department of Housing
end urban Development
Once o1 Common"Planning ATTACHMENT C r
Rental Rehabilitation Program "°a"'°°"'"'
Cash and Management Information (C/MI) System
ome Approval No.2506-0080(no 4.3O40)
To be rbmp4eted by Grantee's(or Local Reopsnt's)Chi&Exeouave Ode,or dnpnead represenlaave and returned b Rental Rehab Program.P.O.Box
23997.LEnlant Plaza Station.Washington.D.C.20026.
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WELD COUNTY RI 8, 9 I SIG I, 0 , 8I0 , 1 , 6 it
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United Bank of Greeley
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Approval by CEO Nis ti tter(T,P,a Pica(:yard 0 Other(Sootily)
, or Designated
• Representative Gene Branttnner, Chairman
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.14114.14114 Notary(Seal,Signature and Date)
N.) RE ORDER
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51 24 CFR 511
9 .0066
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'DEPARTMENT OR AGENCY NUMBER
32OOOO
CONTRACT ROUTING NUMBER
CONTRACT
THIS CONTRACT, Made this day of 19 , by and
between the State of Colorado for the use and benefit of the Department of
LOCAL AFFAIRS, DIVISION OF HOUSING, 1313 SHERMAN STREET, ROOM 623
DENVER, CO 8O2O3, hereinafter referred to as the State, and COUNTY OF WELD,
P.O. BOX 758, GREELEY, CO 8O632, 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 , G/L Account
Number , Contract Encumbrance Number ; and
WHEREAS, required approval , clearance and coordination has been
accomplished from and with appropriate agencies; and
WHEREAS„ the United States Government, through Section 17 of the United
States Housing Act of 1937, 42 U.S.C. 1437O, has established the Rental
Rehabilitation Program ("RRP") and has allowed each state to elect to
administer such federal funds for its nonentitlement areas; and
WHEREAS, the State of Colorado has elected to administer such funds for its
nonentitlement areas through the Colorado Department of Local Affairs, Division
of Housing, (DOH) pursuant to C.R.S. 1973, 24-32-7O5 (1 )(i) ; and
WHEREAS, the said State Division of Housing has received requests from
political subdivisions in Colorado for allocations from the federal Rental
Rehabilitation Program ("RRP") from federal fiscal year 1989 available to
Colorado; and
WHEREAS, said distribution is in conformity with the requirements of the
federal rental rehabilitation program as set forth in 24 CFR Part 511 ,
incorporated by reference, and the State requirements as set forth in the
approved Division program design dated May 12, 1989, incorporated by reference,
the DOH has allocated funds to said Contractor
NOW THEREFORE it is hereby agreed that:
1 . Eligible Neighborhoods. The Contractor shall perform and accomplish
all the necessary work and services as provided under this Contract within
eligible neighborhoods of the COUNTY OF WELD. Eligible neighborhoods are
defined as those in which the median income does not exceed eighty (8O) percent
cf the median income of the area, and where the rents are likely to remain
affordable to lower income families for a period of five years.
395-5S-0i-HHie oege I of 14 pages
910066
2. Scope of Services. In consideration for the monies to be received
through the State, the Contractor shall undertake the development and
administration of a rental housing rehabilitation program for the benefit of
lower income households in accordance with federal requirements as set forth in
24 CFR Part 511 , incorporated by reference or as subsequently revised and State
requirements as stated 1n the State's "Program Design" dated May 12, 1989,
incorporated by reference. The Contractor shall do, perform, and carry out, in
a satisfactory and proper manner as determined by the State, all work elements
as indicated below:
a) to identify and select appropriate neighborhood(s) for rehabilitation
of investor—owned properties based on a thorough understanding of the economic,
social , and political dynamics of the community, and the resources available
for the rehabilitation effort;
b) to develop a strategy for marketing the program to investors of rental
properties occupied, or available for occupancy, by lower income households,
and assure its implementation upon DOH approval ;
c) to develop a strategy for marketing the program to financial
institutions willing and able to lend to investors of these properties, and
assure its implementation upon DOH approval ;
d) to develop procedures for evaluating projects based on eligibility and
feasibility criteria as outlined in the State's "Program Design" dated May 12,
1989 and for determining any local priorities to be considered in the awarding
of monies to projects;
e) to determine the financing technique(s) to be used in the program.
The contractor may use one, or any combination, of the following techniques:
i) deferred payment loan with forgiveness clause;
ii) deferred payment loan with specific terms and conditions for
repayment; and or
iii) below market interest rate loan.
f) when applicable, to assist investors in determining the extent and
cost of rehabilitation, in finalizing the bid package, in selecting
construction contractors/subcontractors, in notifying tenants of their rights
and responsibilities under the program, and in arranging financing for the
project. The contractor shall encourage the delegation of appropriate
responsibilities to the private sector and utilize streamlined processing
procedures;
g) to promptly notify the State of projects to be rehabilitated under the
program and to request that the State reserve funds for those projects as
required by the U.S. Department of Housing and Urban Development's (HUD) Cash
and Management Information System (0/MIS);
h) to develop a schedule for payment of funds for completed construction
work through drawdowns of project funds reserved tnrougn C/MIS;
Page 2 of 14 pages
900066
i) to promptly complete all reports required by D and the State. To
compile and retain data in the following aFeas for inclusion in the State Annual
Performance Report to HUD: a) meeting RRP objectives, b) program income, c)
meeting affirmative marketing objectives, d) utilization of Minority Business
Enterprises (MBE) and Women Business Enterprises (WBE), e) participation by
minority property owners, and f) displacement/relocation activities.
3. Responsible Administrator. The performance of the services required
herein shall be the responsibility of the WELD COUNTY HOUSING AUTHORITY, under
the direct supervision of JAMES M. SHEEHAN, EXECUTIVE DIRECTOR, an employee or
agent of the Contractor, who is hereby designated as the administrator-in-charge
of this Program. At any time the administrator-in-charge ceases to be
responsible for the administration of the RRP, all work shall be suspended until
the Contractor assigns a mutually acceptable replacement.
4. Time of Performance. This Contract shall become effective upon proper
execution of this Contract and shall conclude on or before December 31 , 1990,
unless otherwise extended by written approval from the Division. The work
described herein shall commence as soon as practicable after the execution of
this Contract. The Contractor agrees that one hundred (100) percent of the
funds awarded under this Contract shall be committed to local projects on or
before June 30, 1990. "Commitment of funds" means a legally binding agreement
between the Contractor and an owner under which the Contractor agrees to provide
rental rehabilitation grant amounts to the owner for a project that can
reasonably be expected to start construction within 90 days of that agreement.
5. Obligation, Expenditure and Disbursement of Funds.
a) Administrative Expenses. Eligible administrative expenses are
reasonable and necessary costs as described in Section 24CFR 511 .4.
b) Rehabilitation Expenses. The Contractor shall identify a local
financial institution to serve as the depository of RRP funds. After selection
of a project, no later than the day of loan closing, the Contractor shall notify
the State to establish a project account with the C/MIS. Thereafter, the
Contractor assumes responsibility for requesting drawdowns against that account
to pay eligible rehabilitation costs. These requested amounts shall be
electronically transferred by HUD directly to the Contractor's designated
depository. Disbursements are conditioned upon the submission of satisfactory
information about the project to HUD by the Contractor and upon compliance with
other procedures specified by HUD.
c) Compensation and Method of Payment
i ) Rehabilitation Expenses. The State agrees to establish an account
with C/MIS in the Contractor's name in the amount of ONE HUNDRED THOUSAND
DOLLARS ($100,000.00) . This shall be the total amount available for
rehabilitation expenses under this contract.
Page 3 of 14 pages
90066
ii ) Administrative Expenses..----Ihe State agrees to reimburse the
Contractor for administrative expenses in an amount not to exceed FIVE THOUSAND
DOLLARS ($5,000.00). The Contractor shall periodically initiate administrative
drawdown requests by submitting to the Division of Housing a written request
using the State provided form, for reimbursement of actual and proper
expenditures of RRP administration funds.
iii ) Anv costs that exceed the amounts shown in i ) and ii ) above shall
be the sole responsibility of the Contractor.
d) Program Income. Program income is defined as the gross income earned
by the Contractor generated from use of the RRP funds. Program income includes
such items as payment of principal and interest on loans made using RRP funds
and interest earned on such income. Program income may be used for any activity
which is eligible under 24 CFR Subpart B "Program Eligibility Requirements" for
the RRP. The use of program income for such activities is subject to all the
requirements for the program listed in 24 CFR Part 511. 10 and the other federal
requirements listed in Part 511 . 11 . RRP income may not be used for
administrative expenses. RRP funds may not be committed to specific local
projects if sufficient program income is on hand and available to fund the
project or a substantial portion thereof.
6. Limitation to Particular Funds. The parties hereto expressly recognize
that the Contractor is to be paid, reimbursed, or otherwise compensated with
funds provided by HUD for the purpose of contracting for the services provided
for herein, and therefore, the Contractor expressly understands and agrees that
all its rights, demands and claims to compensation arising under this Contract
are contingent upon the availability of such funds. In the event that such
funds or any part thereof are not available, the State may immediately terminate
this Contract.
7. Lower Income Benefit. The Contractor agrees that one hundred (100)
percent of its RRP rehabilitation funds shall be used to benefit lower income
families. The 100% benefit standard may be reduced to seventy (70) percent if
the Contractor certifies to the State in writing that the reduction is necessary
to meet one or both of the following objectives:
a) to minimize the displacement of tenants in projects to be
rehabilitated;
b) to provide a reasonable margin for error due to unforeseen, sudden
changes in neighborhood rents; failure to complete rehabilitation of projects
due to unanticipated circumstances; or other reasonable contingencies.
Page 4 of 14 Pages
g00066
8. Priority to Large Families. The Contractc. agrees to ensure that an
equitable share of its federal RRP1unds shall be used to rehabilitate units
occupied by families with children, particularly families requiring three or
more bedrooms, by giving priority consideration to those proposals. The State
will consider this requirement satisfied if at least 70 percent of the units
rehabilitated by the Contractor using federal RRP funds are units of two or more
bedrooms and 15 percent are units of three or more bedrooms.
9. Tenant Assistance Policy Requirement. Within thirty (30) days of
execution of this contract, the Contractor shall adopt a Tenant Assistance
Policy, utilizing the State's guidelines to develop said policy and
incorporating applicable laws, regulations and local directives, policies, or
concerns. The Contractor shall submit to the State a copy of this policy for
its approval .
10. Affirmative Marketing Plan Requirement. Within sixty (60) days of
execution of this contract, the Contractor shall develop a plan describing the
methods and procedures that will be used to ensure the affirmative marketing of
rehabilitated units and for assessing the investor's affirmative marketing
efforts, and the corrective actions that will be taken if an investor fails to
follow these affirmative marketing procedures. The Contractor shall submit to
the State a copy of this plan for its approval.
11 Financial Management. At all times, from the effective date of this •
contract until completion of this contract, the Contractor shall comply with the
requirements of C/MIS as stated in HUD Notice CPD-88-9,CPD 88-11 , CPD 88-23 and
any subsequent HUD directive. Contractor's financial management system must be
consistent with 24 CFR part 511 .
12. Audit.
a) Discretionary Audit. The State or the Federal government or their
authorized representatives shall have the right to inspect, examine, and audit
Contractor's records, books and accounts, including the right to hire an
independent Certified Public Accountant of the State's choosing and at the
State's expense to do so. Such discretionary audit may be called for 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 at a time convenient to the
Contractor and during regular business hours.
b) Mandatory Audit. Whether or not the State calls for a discretionary
audit as provided above, the Contractor shall include the program in an annual
audit and audit report as required by the Colorado Local Government Audit Law,
C.R.S. 1973, 29-1-601 , et seq. Such audit reports shall be simultaneously
submitted to DOH and the State Auditor. Thereafter, the Contractor snail supply
DOH 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 law, DOH reserves the right to institute compliance or other
appropriate proceedings notwithstanding any other judicial or administrative
actions filed pursuant to C.P,.S. 1973, 29-1-607 or 29-1-608.
Page 5 of 14 Pages
900066
13. Contractor, n Independent Contractor. Cont :tor shall undertake the
performance of all work and services herein set forth as an independent
contractor and not as an agent, servant—or employee of the State. Contractor
shall have no authorization, express or implied, to bind the State to any
agreements, settlements, liability or understanding except as expressly set
forth herein.
14. Indemnification. Contractor, in consideration for State's promises
herein 'set forth, promises to indemnify, save and hold harmless and defend the
State, and all of its employees and agents, acting officially or otherwise,
from any and all liability, claims, demands, actions, debts and attorney fees
arising out of, claimed on account of, or in any manner predicated upon loss or
damage to the property of and injuries to, or death of all persons whatsoever,
which may occur, or is sustained in connection with the performance of this
Contract, or by conditions created thereby, or based upon any violation of any
statute, ordinance, or regulation, and the defense of any such claims or
actions.
15. Personnel . The Contractor represents that he has, or will secure at
his own expense 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
employees 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 this 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 his
supervision.
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 any employees or subcontractors of
Contractor pursuant to this Agreement, and Contractor agrees to indemnify the
State for any costs for which the State may be found liable in this regard.
16. Suspension. If the Contractor fails to comply with any contractual
provision, the State may, after notice to the Contractor, suspend the contract
and authorize the withholding of further payments or prohibit the contractor
from incurring additional obligations of contractual funds, pending corrective
action by the Contractor or a decision to terminate in accordance with
Paragraph 17 below. 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.
17. 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 with federal RRP funds provided to
the State for the purpose of contracting for the services provided for herein
and therefore, the Contractor expressly understands and agrees that all its
rights, demands and claims to payment arising under the 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.
Page 6 of 14 Pages
900066
b) Terminatior for Cause. If, through any cal' the Contractor shall
fail to fulfill in _ timely and proper manner h . 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. 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 RRP
monies under the Contract would no longer be served by completion of the
Program. 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 pertaining to
the Program shall , at the option of the State, become its property. If this
Contract is terminated due to the fault of the Contractor, Paragraph 16b hereof
relative to termination shall apply.
18. Modification and Amendment. 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 and approved in accordance
with applicable law.
19. Integration. This Contract, as written, with attachments and/or
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 contract amendment incorporating such changes, executed
and approved pursuant to applicable law.
20. Reports.
a) Financial Reports. The Contractor shall submit to the State, within
three (3) days of submission to HUD, one (1) copy of each report submitted to
C/MIS.
b) programmatic Reports. The Contractor shall submit to the State one
(1) copy of quarterly programmatic reports and of a final programmatic report
in a manner and method to be prescribed by the State.
c) Affirmative Marketing Report. The Contractor shall submit to the
State one (1 ) copy of an annual report relative to the affirmative marketing of
the rehabilitated units in a manner and method to be prescribed by the State.
Page 7 of 14 Pages
900066
21 . Monitoring are.. Evaluation. The State will monitor and evaluate the
Contract with the Contractor under the RRP:- The Contract will be monitored for
compliance with the rules, regulations, requirements and guidelines which the
State and HUD 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 lower-income residents of the community, and for the
effective and efficient utilization of RRP funds.
22. Conflict of Interest.
a) No employee, officer or agent of the Contractor 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. The Contractor's officers,
employees or agents shall neither solicit nor accept gratuities, favors or
anything of monetary value from subcontractors, potential subcontractors, or
parties to subagreements.
b) No employee of the Contractor shall perform or provide part-time
services for compensation, monetary or otherwise, to a consultant or consulting
firm that has been retained by the Contractor under the authority of this
Contract.
c) The Contractor agrees that no person at any time exercising any
function or responsibility in connection with this Program on behalf of the
Contractor shall have or acquire any personal financial or economic interest,
direct or indirect, which will be materially affected by this Contract, except
to the extent that he may receive compensation for his performance pursuant to
this Contract.
d) A personal financial or economic interest includes, but is not limited
to:
i) any business entity in which the person has a direct or indirect
monetary interest;
ii) any real property in which the person has a direct or indirect
monetary interest;
iii) any source of income, loans, or gifts received by or promised to
the person within twelve (12) months prior to the execution date
of this Contract;
iv) any business entity in which the person is director, officer,
general or limited partner, trustee, employee, or holds any
position of management.
Page 8 of 14 Pages
900066
e) For purpose .f this Paragraph 21 , indire._ investment or interest
means any investment or interest owned-by-the spouse, parent, brother, sister,
son, daughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, or
daughter-in-law of the person, by an agent on his/her behalf, by a general ,
limited or silent partner of the person, by any business entity controlled by
said person, or by a trust in which he/she has substantial interest. A
business entity is controlled by a person if that person, his/her agent, or a
relative as defined above possesses more than fifty (50) percent of the
ownership interest. Said person has a substantial economic interest in a trust
when the person or an above-defined relative has a present or future interest
worth more than One Thousand Dollars ($1 ,000).
f) In the event a conflict of interest, as described in this Paragraph
21 , cannot be avoided without frustrating the purposes of this Contract, the
person involved in such a conflict of interest shall submit to the Contractor
and the State a full disclosure statement setting forth the details of such
conflict of interest. In cases of extreme and unacceptable conflicts of
interest, as determined by the State, the State reserves the right to terminate
the Contract for cause, as provided in Paragraph 16 above. Failure to file a
disclosure statement required by this Paragraph 21 shall constitute grounds for •
termination of this Contract for cause by the State.
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, rules, orders, and all applicable
standards, regulations, interpretations or guidelines issued pursuant thereto.
The applicable federal laws and regulations include, but are not limited to the
following:
a) National Environmental Policy Act of 1969 (42 USC 4321 et 0) , 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) Davis-Bacon Fair Labor Standards Act (40 USC 276a - 2762-5) requiring
that on all contracts and subcontracts for federally-assisted 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 contains
twelve (12) or more dwelling units).
c) Contract Work Hours and Safety Standards Act of 1962 (40 USC 327 et 0)
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 eight in a calendar clay or
forty in a work week, whichever is greater. (This requirement applies to the
rehabilitation of residential property only if such property contains twelve
(12) or more dwelling units).
Page 9 of 14 Pages
D00066
d) Copeland "An... l-Kickback" Act of 1934 (40 USC 4(6 (c)) prohibiting and
prescribing penalties for -kickbacks'---of wages in federally-financed or
assisted construction activities.
e) The Lead-Based Paint Poisoning Prevention Act -- Title IV (42 USC
4831 ) prohibiting the use of lead-based paint in residential structures
constructed or rehabilitated with federal assistance, and requiring
notification to purchasers and tenants of such housing of the hazards of lead-
based paint and of the symptoms and treatment of lead-based paint poisoning.
f) 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 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.
g) 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.
h) 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, or national origin
in any program or activity receiving federal financial assistance.
i) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-264; 42 USC
3601) , as amended, popularly known as the Fair Housing Act, prohibiting housing
discrimination on the basis of race, color, religion, sex, or national origin,
and requiring HUD to administer its programs in a manner which affirmatively
promotes fair housing.
j) 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.
k) 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.
1) Section 504 of the Rehabilitation Act of 1973 (29 USC 793) , as
amended, providing that no otherwise qualified individual shall, solely by
reason of a handicap, be excluded from participation (including employment) ,
denied program benefits or subjected to discrimination under any program or
activity receiving federal funds.
Page 10 of 14 Pages
900066
m) Age Discrimii ion 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.
n) Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 as required under $570.606(a) and Federal implementing regulations;
the requirements in $570.606(b) governing the residential antidisplacement and
relocation assistance plan under section 104(d) of the Act (including a
certification that the grantee is following such a plan); the relocation
requirements of $570.606(c) governing displacement subject to section 104(k) of
the Act; and the relocation requirements of $570.606(d) governing optional
relocation assistance under section 105(a)(11) of the Act.
•
24. 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.
25. 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.
26. 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.
27. Minority Business Enterprise Participation. It is the policy of the
State of Colorado that minority business enterprises shall have the maximum
practicable opportunity to participate in the performance of its construction
grant contracts. The Contractor agrees to use its best efforts to carry out
this policy to the fullest extent practicable and consistent with the efficient
performance of this contract. As used in this contract, the term 'minority
business enterprise" means a business, at least 50 percent of which is owned by
minority group members or, in the case of publicly owned businesses, at least
51 percent of the stock of which is owned by minority group members. For the
purposes of this definition, minority group members are Negroes or Black
Americans, Spanish—speaking Americans, Asian Americans, American Indians,
American Eskimos and American Aleuts. The Contractor may rely on written
representations by bidders, contractors, and subcontractors regarding tneir
status as minority business enterprises and need not conduct an independent
investigation.
Page 11 of 14 Pages
900066
28. Non-Discrimir,_.ion. The Contractor shall c,,dply 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. Applicant Statement of Assurances and Certifications. The Contractor
has previously executed an "Applicant Statement of Assurances and
Certification" , a copy of which was submitted to the State by the Contractor
as part of their application for the Rental Rehabilitation Program funds and is
incorporated here by reference.
30. Survival of Provisions. Notwithstanding any termination of this
contract, the same shall continue in force and effect as to any provisions
hereof which require observance or performance by the State and Contractor
subsequent to the date specified for termination, and it is understood and
agreed such provisions shall survive any said termination.
Page 12 of 14 pages
9k.,0066
Font 6-AC-02B
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shah not be teemed 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
contract.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 contract.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 provioe that if the contractor or his subcontractors
fail to duly pay for any labor.matenals.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 contractor arising under this contract
shall be audited.allowed or paid.A certified or cashier's check or a bank money order payable tothe Treasurer of the State of Colorado may be accepted in lieu of a
bond.This provision is in compliance with 36-26-106 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.
DISCRIDIINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Ace of 195.as amended.and other applicable law respecting
discnmi nation and unfair employment practices(24.34-402.CRS 1982 Replacement Vol.),and as required by Executive Order.Equal Opportunity and Affirma-
tive Action, dated April 16. 1975. Pursuant threw, the following provisions seall be contained in all State contracts or sub-contracts.
During the performance of this contract,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 are
treated during employment.without regard to the above mentioned charactenstics.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.Tne 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 non-discrimination clause.
(2) Tne contractor will.m all solicitations or advertisements for employees pieced 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,
(3) The contactor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or unoerstand-
ing.notice to be provided by the contacting officer.advising the labor union or workers'representative of time contractors commmnent 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 contactor and labor unions well furnish all information and reports required by Executive Order.Equal Opportunity and Affirmative Avon of April 16,
19'.3.and by the noes.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 oesignee for purposes of investigation to ascertain compliance with such rules. reculations and orders.
(5) A upon organ.zation will not exclude any individual otherwise qualified from full memoer hip rirnts in such labor organizatior,or expel any such individual
fro^memi enrup in such lager organs ation or discriminate against any of its members in:he full ento bent of work opportunity.because o:race.creed_color.
ses national cant-or ancestry.
(6) A labor ornn::anon.or the employees or members thereof will not aid_abet incite.compel or coerce the doing of any act defined in this contact to be dis-
ermmatory or obstruct or prevent any person from complying with the provisions of this contact or any order issued thereunoc,or attempt a:User directly or
mdirectiy,to commit any act defined m this contact to be discriminator'.
395-5.p1-1022
Revised 1/88 page L v.or 11 pages Dr-tar w.-se
900066
•
Form. 6-AC-02C
(7 i In the event of the contractors non-compiance with the nom-discrimination clauses of this contractor or w an am of such ruies.regulations.or orders.tins
contract mat ne cancelled.terminated or suspended in whole or in pan and tnt contractor may be oec urea meiigth.<for further State contracts in accordance
wan procedures.autnonzed m Execuuve Oroer.Eoual Opponunin and Affirmative Action of Apnl It. 1975 and tne rules.regulations.or orders promulgated
in accordance therewith,and such other sanctions as map be imposed and remedies as may be invoked as provtoed in Executive Oroer.Eoual Opponumn and
Affirmative Action of April 16. 1975, or by rules, regulations, or oroers promulgated in accordance therewith. or as otherwise pranced b5 law.
(8) Tne contractor will include the provisions of paragraph(1 I through(81 in every sup-contract and subcontractor purchase oroer unless exempted by rules.
regulations.or oroers issued pursuant to Executive Order.Eoual Opponumn and Affirmative Action of April 16. 1975.so that such provisions will be binding
upon each subcontractor or vendor.Tne contractor will take such action with respect to any sub-contracting or purchase order as tne contracting agency ma)
direct.as a means of enforcing such provisions-including sanctions for non-compliance:provided.however.that in the event the contractor becomes invol%ed
in.or is threatened with.litigation with the subcontractor or vendor as a result of such direction by the contracting agent).tne contractor may request the State
of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
fia. Provisions of S-17-101& 102,CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereu•
der and are financed in whole or in part by State funds.
h. When construction contract for a public protect is to be awarded to a bidder-a resident bidder shall he allowed a preference against a non-resident bidder
from a state or foreign country equal to the preference given or required tv the state or foreign country in which tne non-resident bidoer is a resident. If it is deter-
mined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause dental of federal funds which would otnerwise be avail-
able or would otherwise be inconsistent with reouirements of federal law,this subsection shall be suspended.hut only to the extent necessary to prevent denial of
the moneys or to eliminate the inconsistency with federal requirements (section S-19.101 and 102. CRS).
GENERAL
7. Tne 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 wnether or not incorporated herein by reference which provides for arbitration by any extra.tudtc it body or person or
which is otnerwise in conflict with said laws,rules and regulations shall be consioered null and void.Nothing contained in any prevision incorporated herein by
reference which purports to negate this or any otner special provision in whole or in pan shall be valid or enforceanie or available in any action at law whether by
way of complaint,defense or otherwise:Any provision rendered null and void by the operation of this provision will not tnvaiioate tne remainder of this contract to
the extent that the contract is capable of execution.
B. 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 18-8-301.r-.seq.,(bribery and Corrupt influences)and IS-8-401,et.seq.,(Abuse of Public Office),
CRS 1978 Replacement Vol.. and that no violation of such provisions is present.
10. Tne 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.
Contracts-
(Full Le Name) WELD COUNTY STATE OF COLORADO
ROY ROMER, GOVERNOR
1112// 7I
•:EXECUTIVE DIRECTOR
Position (Title) Cha Erman
84-6000813
Sow:Sccunnv sumac or?eo.ra::A.tuner DEPARTMENT
OF
(If Corporadgr) C
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Ares, (S a]) 721�?,: c'T.hZhsl LCrJ
C—h�-+ Cana=Sworn.or£.nn.trjoMCmhwm.Can •
/ APPROVALS
ATTORNEY GENERAL CONTROLLER
By by
Farr 1 leinuta ii Ire smo 14.Ne
39S-ESot-1030 lane III) 'Set manias=w to nag ran M-1GDes.-a,
s00066
'INSTRUCTIONS
11) Insert official Department desi!nations, e.g.. Aommistrauon, Local Afftam,etc. as appropriate.
(2) Set forth companvltes)or individual(s) namgs) and adoressles).
13) insert a and statement indicating reasons for contradl,e.g..'The contractor having special knowledge,expense and skill in diamosing and testing diseases
alerting cattle:and."Use as many"W riereas's"as motored.If additional space is reousred continue to anew words"NOW.THEREFORE:'and slate-Con-
tinued on page T-. On page .. state "Whereas conunued from page I" if required,
Ia 1 Snectfv clearly the goods or services contracted for.the consideration moving from one party to the other.the time within the contract is to be executed.
limitations on assignments.if any.and sneeial provisions desired.or required.Seek legal assistance when in doubt.Separate each principal nem and numner con.
sccutisely using as many pages as necessary.
ISI If a dclegee signs for the Esecutive Director place the words "FOR THE"before the word "EXECLTT\'E-
.Auttigrapfnc.as distinguished from stamped,signatures should.as a minimum.tie affixed to the original,which will he filed by the Division of Accounts and
Control,and Iwo counterparts,one of which shall be transmitted to the contractor.If there is more than one contractor a copy so signed will oe sent to each,thus
requiring additional autographic signatures.
•
•
•
900066
Memo to : S„.;c �✓/ �lie��sr Date : /- 1/- 92,
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WE 01 032 64nn' - 900066
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MEMORAnDum
W I To Tom David Date January 12, 1990
Weld County Attorney
COLORADO From Gene McKenna, Director, Social Services
subject: Contracts for Weld County Housing Authority, Rental
Rehabilitation Program
Tom:
The attached note from Jim Sheehan is self-explanatory. Contracts are
attached for your review and if everything is okay submittal to our County
Board for their review and decision.
Thanks for your help.
GM:jac
900.966
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