HomeMy WebLinkAbout900039 RESOLUTION
RE: APPROVE COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT WITH STATE
DEPARTMENT OF LOCAL AFFAIRS FOR WELD/LARIMER REVOLVING LOAN
FUND AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Community
Development Block Grant Contract with the State Department of
Local Affairs for the Weld/Larimer Revolving Loan Fund, and
WHEREAS , the terms and conditions of said Contract are as
stated in the Contract, a copy being attached hereto and
incorporated herein by reference, and
WHEREAS, after study and review, the Board deems it advisable
to approve said Contract.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Community
Development Block Grant Contract with the State Department of
Local Affairs for the Weld/Larimer Revolving Loan Fund 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 8th day of
January, A.D. , 1990 .
11) BOARD OF COUNTY COMMISSIONERS
ATTEST: / fn " ‘4./}/r_^^�� u �"i� WEL OUNTY, COLORADO
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Weld County Clerk and Recorder � G�G T}�
and Clerk to the Board Qlf--€-06)
Gene R. Brantner, Chairman
pyU�y�r eorge Pro-Temeputy County
APPROVED AS TO FORM: Constance L. Harbert
a ae---e--a7
County Attorney y.
Gor a
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900039
DEPARTMENT OR AGENCY NUMBER
Form 6-AC-021(It 5/85)
CDBG CONTRACT ROUTING NUMBER
CONTRACT
THIS CONTRACT, made this day of 198 by and
between the State of Colorado for the use and benefit of the Department of Local Affairs, 1313 Sherman
Street, Denver, Colorado 80203, hereinafter referred to as the State, and Weld County, 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 the Housing and Community Development Act
of 1974 ("the Act"), Pub. L. No. 93-383, as amended, has established a Community Development Block
Grant ("CDBG") program and has allowed each state to elect to administer such federal funds for its
nonentitlement areas, subject to certain conditions, including a requirement that the state's program give
maximum feasible priority to activities which will benefit low- and moderate-income families or aid in
the prevention or elimination of slums or blight; the state's program may also include activities designed
to meet other community development needs having a particular urgency because existing conditions pose
a serious and immediate threat to the health or welfare of the community where other financial resources
are not available to meet such needs. Additionally, the state's program is subject to a federal requirement
that not less than sixty percent (60%) of the aggregate amount of CDBG funds received by the state shall
be used for the support of activities that benefit persons of low- and moderate-income; and
WHEREAS, the State of Colorado has elected to administer such federal funds for its nonentitlement
areas through the Colorado Department of Local Affairs ("Department"), Division of Local Government,
Division of Commerce and Development and Division of Housing,pursuant to C.R.S. 1973, 24-32-106(1)
(d), 24-32-304(2) (j) and 24-32-705(1) (i); and
WHEREAS, the Department has received applications from political subdivisions in Colorado for
allocations from the federal CDBG funds available to Colorado; and
WHEREAS, the Contractor is one of the eligible political subdivisions to receive CDBG funds; and
WHEREAS, the Department has approved the proposed Project of the Contractor;
NOW THEREFORE it is hereby agreed that:
1. Scope of Services. In consideration for the monies to be received from the State, the
Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the
State, all work elements as indicated in the "Scope of Service," set forth in Exhibit A, which is attached
hereto and is incorporated herein by reference, and is hereinafter referred to as the "Project." Work
Page 1 of 15 Pages
900039
performed prior to the execution of this Contract shall not be considered part of this Project.
2. Responsible Administrator. The performance of the services required hereunder shall be
under the direct supervision of Jim Kadlecek, an employee or agent of Contractor, who is hereby
designated as the administrator-in-charge of this Project. At any time the administrator-in-charge is not
assigned to this Project, all work shall be suspended until the Contractor assigns a mutually acceptable
replacement administrator-in-charge and the State receives notification of such replacement assignment.
3. Time of Performance. This Contract shall become effective upon proper execution by the
State Controller of this Contract. The Project contemplated herein shall commence as soon as practicable
after the execution of this Contract and shall be undertaken and performed in the sequence set forth in
the attached Scope of Services. The Contractor agrees that time is of the essence in the performance of
its obligations under this Contract, and that completion of the Project shall occur no later than the
termination date set forth in the Scope of Services.
4. 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. Administrative costs, reasonable
engineering and design costs, and costs of other exempt activities identified in 24 CFR 58.34 (a)(1)
through (8) do not require a release of funds by the State. For categorically excluded activities listed
in 58.35 (a) determined to be exempt because there are no circumstances which require compliance with
any other Federal laws and authorities cited at 58.5, the Contractor must make and document such a
determination of exemption prior to incurring costs for such activities.
c) Community Development Plan Requirement. Prior to receiving disbursements of CDBG funds
from the State, the Contractor shall identify its community development and housing needs, including
the needs of low- and moderate-income persons, and the activities to be undertaken to meet such needs.
6. Definition of Low- and Moderate-Income Persons. Low-income and moderate-income persons
are defined, for the purposes of this contract, as those persons who are members of low-income and
moderate-income families as set forth in the Exhibit B, which is attached hereto and in incorporated
herein by reference, or as subsequently promulgated in writing by the State.
Page 2 of 15 Pages 900039
7. Citizen Participation. The Contractor shall provide citizens with reasonable notice of, and
opportunity to comment on, any substantial change proposed to be made in the use of CDBG funds from
one eligible activity to another by following the same citizen participation procedures required for the
preparation and submission of its CDBG application to the State. The Contractor shall also comply with
the procedure set forth herein regarding the modification and amendment of this Contract.
Additionally, the Contractor shall have and follow a Citizen Participation Plan which includes the
six elements specified in Section 104(a)(3) the Act. The Citizen Participation Plan must include a
provision for at least one public hearing during the course of the Project to allow citizens to review and
comment on the Contractor's performance in carrying out the Project.
8. Residential Antidisplacement and Relocation Assistance Plan. The Contractor shall follow
a residential antidisplacement and relocation assistance plan which, should displacement occur, provide
that:
a) governmental agencies or private developers shall provide within the same community
comparable replacement dwellings for the same number of occupants as could have been housed in the
occupied and vacant occupiable low and moderate income dwelling units demolished or converted to a
use other than for housing for low and moderate income persons, and provide that such replacement
housing may include existing housing assisted with project based assistance provided under Section 8 of
the United States Housing Act of 1939;
b) such comparable replacement dwellings shall be designed to remain affordable to persons
of low and moderate income for ten (10) years from the time of initial occupancy;
c) relocation benefits shall be provided for all low or moderate income persons who occupied
housing demolished or converted to a use other than for low or moderate income housing, including
reimbursement for actual and reasonable moving expenses, security deposits, credit checks, and other
moving-related expenses, including any interim living costs; and, in the case of displaced persons of low
and moderate income, provide either:
i) compensation sufficient to ensure that, for a 5-year period, the displaced families shall
not bear, after relocation, a ratio of shelter costs to income that exceeds 30 percent;
or
ii) if elected by a family, a lump-sum payment equal to the capitalized value of the
benefits available under subclause (i) to permit the household to secure participation
in a housing cooperative or mutual housing association;
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) functional equivalent; and,
iv) in an area not subject to unreasonably adverse environmental conditions.
Page 3 of 15 Pages 900039
Persons displaced shall have the right to elect, as an alternative to the benefits under this paragraph to
receive benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended, if such persons determine that it is in their best interest to do so; and, where a claim
for assistance under subparagraph(d) is denied by the Contractor, the claimant may appeal to the State,
and that the decision of the State shall be final unless a court determines the decision was arbitrary and
capricious.
The Contractor shall follow the Residential Antidisplacement and Relocation Assistance Plan except that
paragraphs a) and b) shall not apply in 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.
9. Affirmatively Furthering Fair Housing. The Contractor shall affirmatively further fair housing
in addition to conducting and administering its Project in conformity with the equal opportunity
requirements of Title VI of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968, as
required herein.
10. Recovery of Capital Costs of Public Improvements. The Contractor shall not attempt to
recover any capital costs of public improvements assisted in whole or part with CDBG funds by assessing
any amount against properties owned and occupied by persons of low and moderate income, including
any fee charged or assessment made as a condition of obtaining access to such public improvements,
unless:
a) CDBG funds are used to pay the proportion of such fee or assessment that relates to the
capital costs of such public improvements that are financed from revenue sources other than the CDBG
program, or
b) for the purposes of assessing any amount against properties owned and occupied by persons
of moderate income who are not persons of low income, it certifies that it lacks sufficient CDBG funds
to comply with the requirements of subparagraph (a) hereinabove.
11. Compensation and Method of Payment. The State agrees to pay to the Contractor, in
consideration for the work and services to be performed, a total amount not to exceed One Hundred Fifty
Thousand Dollars ($150,000.00). The method and time of payment shall be made in accordance with
the "Payment Method" set forth herein.
12. Financial Management. At all times from the effective date of this Contract until completion
of this Contract, the Contractor shall comply with the administrative requirements, cost principles and
other requirements set forth in the Financial Management section of the CDBG Grantee Handbook,
hereinafter referred to as the "Financial Management Requirements".
13. Payment Method. Unless otherwise provided in the Scope of Services:
a) the Contractor shall periodically initiate all drawdown requests by submitting to the
Department a written request using the State-provided form, for reimbursement of actual and proper
expenditures of State CDBG funds plus an estimation of funds needed for a reasonable length of time.
b) The State may withhold any payment if the Contractor has failed to comply with the
Financial Management Requirements, program objectives, contractual terms, or reporting requirements.
Page 4 of 15 Pages 900039
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) Discretionary Audit. The State, through the Executive Director of the Department, the State
Auditor, or any of their duly authorized representatives, including an independent Certified Public
Accountant of the State's choosing, or the federal government or any of its properly delegated or
authorized representatives shall have the right to inspect, examine, and audit the Contractor's (and any
subcontractor's) records, books, accounts and other relevant documents. Such discretionary audit may
be requested at any time and for any reason from the effective date of this Contract until five (5) years
after the date final payment for this Project is received by the Contractor, provided that the audit is
performed during normal business hours.
b) Mandatory Audit. Whether or not the State calls for a discretionary audit as provided above,
the Contractor shall include the Project in an annual audit report as required by the Colorado Local
Government Audit Law, C.R.S. 1973, 29-1-601, et semc and the Single Audit Act of 1984, Pub. L. 98-502,
and federal and State implementing rules and regulations. Such audit reports shall be simultaneously
submitted to the Department and the State Auditor. Thereafter, the Contractor shall supply the
Department with copies of all correspondence from the State Auditor related to the relevant audit report.
If the audit reveals evidence of non-compliance with applicable requirements, the Department reserves
the right to institute compliance or other appropriate proceedings notwithstanding any other judicial or
administrative actions filed pursuant to C.R.S. 1973, 29-1-607 or 29-1-608.
15. Contractor, An Independent Contractor. Contractor shall be an independent contractor and
shall have no authorization, express or implied, to bind the State to any agreements, settlements, liability
or understanding except as expressly set forth herein.
16. Personnel. The Contractor represents that it has, or will secure at its own expense, unless
otherwise stated in the Scope of Services, all personnel, as employees of the Contractor, necessary to
perform the work and services required to be performed by the Contractor under this Contract. Such
personnel may not be employees of or have any contractual relationship with the State. All of the
services required hereunder will be performed by the Contractor or under its supervision, and all
personnel engaged in the work shall be fully qualified and shall be authorized under State and local law
to perform such services.
17. Contract Suspension. If the Contractor fails to comply with any contractual provision, the
State may, after notice to the Contractor, suspend the contract and withhold further payments or prohibit
the Contractor from incurring additional obligations of contractual funds, pending corrective action by
the Contractor or a decision to terminate in accordance with provisions herein. The State may determine
to allow such necessary and proper costs which the Contractor could not reasonably avoid during the
period of suspension provided such costs were necessary and reasonable for the conduct of the project.
18. Contract Termination. This contract may be terminated as follows:
a) Termination Due to Loss of Funding. The parties hereto expressly recognize that the
Contractor is to be paid, reimbursed, or otherwise compensated with federal CDBG funds provided to the
State for the purpose of contracting for the services provided for herein or with program income, and
therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to
compensation arising under this Contract are contingent upon receipt of such funds by the State. In the
Page 5 of 15 Pages 900039
event that such funds or any part thereof are not received by the State, the State may immediately
terminate or amend this Contract.
b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely
and proper manner his obligations under this Contract, or if the Contractor shall violate any of the
covenants, agreements, or stipulations of this Contract, the State shall thereupon have the right to
terminate this Contract for cause by giving written notice to the Contractor of such termination and
specifying the effective date thereof, at least five (S) days before the effective date of such termination.
In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, and reports or other material prepared by the Contractor under this Contract shall, at the
option of the State, become its property, and the Contractor shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials.
Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any
damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State
may withhold any payments to the Contractor for the purpose of setoff until such time as the exact
amount of damages due the State from the Contractor is determined.
c) Termination for Convenience. The State may terminate this Contract at any time the State
determines that the purposes of the distribution of State CDBG monies under the Contract would no
longer be served by completion of the Project. The State shall effect such termination by giving written
notice of termination to the Contractor and specifying the effective date thereof, at least twenty (20) days
before the effective date of such termination. In that event, all finished or unfinished documents and
other materials as described in subparagraph b above shall, at the option of the State, become its
property. If the Contract is terminated by the State as provided herein, the Contractor will be paid an
amount which bears the same ratio to the total compensation as the services actually performed bear to
the total services of the Contractor covered by this Contract, less payments of compensation previously
made: Provided, however, that if less than sixty percent (60%) of the services covered by this Contract
have been performed upon the effective date of such termination, the Contractor shall be reimbursed
(in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise
reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly
attributable to the uncompleted portion of the services covered by this Contract. If this Contract is
terminated due to the fault of the Contractor, Paragraph 18b hereof relative to termination shall apply.
19. Modification and Amendment.
a) Modification by Operation of Law. This Contract is subject to such modifications as may be
required by changes in federal or state law or regulations. Any such required modification shall be
incorporated into and be part of this Contract as if fully set forth herein.
b) Programmatic or Budgetary Modifications. Contractor shall follow the revision procedures
set forth in the Financial Management Requirements if programmatic or budgetary modifications are
desired:
i) The contractor must submit a written request to the Department and obtain prior
written approval from the Department under the following circumstances:
a. unless otherwise specified in the Scope of Services, when cumulative budgetary
changes exceed five (5) percent of the total contract amount or Five Thousand
Dollars ($5,000), whichever is less;
Page 6 of 15 Pages
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b. when any budget transfers to or between administration budgetary categories
are proposed;
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
c. when any additional State funding is needed.
Under such circumstances, the Department's approval is not binding until memorialized
in the contract amendment.
c) Other Modifications. If either the State or the Contractor desires to modify the terms of this
Contract other than as set forth in subparagraphs a and b above, written notice of the proposed
modification shall be given to the other party. No such modification shall take effect unless agreed to
in writing by both parties in an amendment to this Contract properly executed and approved in
accordance with applicable law.
20. Integration. This Contract, as written, with attachments and references, is intended as the
complete integration of all understanding between the parties at this time and no prior or
contemporaneous addition, deletion or amendment hereto shall have any force or effect whatsoever,
unless embodied in a written authorization or contract amendment incorporating such changes, executed
and approved pursuant to applicable law.
21. Reports.
a) Financial Reports. The Contractor shall submit to the Department three (3) copies of
quarterly financial status reports in the manner and method set forth in the Financial Management
Requirements.
b) Performance Reports. The Contractor shall submit to the Department three (3) copies of
quarterly performance reports and of a project completion report in a manner and method prescribed by
the Department.
Page 7 of 15 Pages 900039
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 functions or responsibilities with respect to CDBG activities or who are
in a position to participate in a decision making process or gain inside information with regard to such
activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in
any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for
themselves or those with whom they have family or business ties, during their tenure or for one year
thereafter.
i) Persons Covered. The conflict of interest provisions of this paragraph b) apply to any
person who is an employee, agent, consultant, officer, or elected official or appointed
official of the Contractor or of any designated public agencies or subcontractors
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
b. An opinion of the Contractor's attorney that the interest for which the exception
is sought would not violate State or local law; and
c. A written statement signed by the chief elected official of the Contractor holding
the State harmless from all liability in connection with any exception which may
be granted by the State to the provisions of this subparagraph b);
iii) Factors to be Considered for Exceptions. In determining whether to grant a requested
exception after the Contractor has satisfactorily met the requirements of subparagraph
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ii) above, the State shall consider the cumulative effect of the following factors, where
applicable:
a. Whether the exception would provide a significant cost benefit or an essential
degree of expertise to the Project which would otherwise not be available;
b. Whether an opportunity was provided for open competitive bidding or
negotiation;
c. Whether the person affected is a member of a group or class of low or moderate
income persons intended to be beneficiaries of the 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:
a) National Environmental Policy Act of 1969 (42 USC 4321 et seq.), as amended, and the
implementing regulations of HUD (24 CFR Part 58) and of the Council on Environmental Quality (40
CFR Parts 1500 - 1508) providing for establishment of national policy, goals, and procedures for
protecting, restoring and enhancing environmental quality.
b) National Historic Preservation Act of 1966 (16 USC 470 et seq.), as amended, requiring
consideration of the effect of a project on any district, site, building, structure or object that is included
in or eligible for inclusion in the National Register of Historic Places.
c) Executive Order 11593. Protection and Enhancement of the Cultural Environment, May 13,
1971 (36 FR 8921 et seq.) requiring that federally-funded projects contribute to the preservation and
enhancement of sites, structures and objects of historical, architectural or archaeological significance.
d)" The Archaeological and Historical Data Preservation Act of 1974, amending the Reservoir
Salvage Act of 1960 (16 USC 469 et seq.), providing for the preservation of historic and archaeological
data that would be lost due to federally-funded development and construction activities.
e) Executive Order 11988. Floodplain Management, May 24, 1977 (42 FR 26951 et seq.)
prohibits undertaking certain activities in flood plains unless it has been determined that there is no
practical alternative, in which case notice of the action must be provided and the action must be designed
or modified to minimize potential damage.
Page 9 of 15 Pages
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f) Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et seq.)
requiring review of all actions proposed to be located in or appreciably affecting a wetland. Undertaking
or assisting new construction located in wetlands must be avoided unless it is determined that there is
no practical alternative to such construction and that the proposed action includes all practical measures
to minimize potential damage.
g) Safe Drinking Water Act of 1974 (42 USC 201, 300 f et seq., 7401 et seq.), as amended,
prohibiting the commitment of federal financial assistance for any project which the Environmental
Protection Agency determines may contaminate an aquifer which is the sole or principal drinking water
source for an area.
h) The Endangered Species Act of 1973 (16 USC 1531 et seq.), as amended, requiring that
actions authorized, funded, or carried out by the federal government do not jeopardize the continued
existence of endangered and threatened species or result in the destruction or modification of the habitat
of such species which is determined by the Department of the Interior, after consultation with the State,
to be critical.
i) The Wild and Scenic Rivers Act of 1968 (16 USC 1271 et seq.), as amended, prohibiting
federal assistance in the construction of any water resources project that would have a direct and adverse
affect on any river included in or designated for study or inclusion in the National Wild and Scenic Rivers
System.
j) The Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, requiring that federal
assistance will not be given and that license or permit will not be issued to any activity not conforming
to the State implementation plan for national primary and secondary ambient air quality standards.
k) HUD Environmental Criteria and Standards (24 CFR Part 51) providing national standards
for noise abatement and control, acceptable separation distances from explosive or fire prone substances
and suitable land uses for airport runway clear zones.
1) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 -- Title III,
Real Property Acquisition (Pub. L. 91-646 and implementing regulations at 24 CFR Part 42), providing
for uniform and equitable treatment of persons displaced from their homes, businesses, or farms by
federal or federally-assisted programs and establishing uniform and equitable land acquisition policies for
federal assisted programs. Requirements include bona fide land appraisals as a basis for land acquisition,
specific procedures for selecting contract appraisers and contract negotiations, furnishing to owners of
property to be acquired a written summary statement of the acquisition price offer based on the fair
market price, and specified procedures connected with condemnation.
m) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 -- Title II,
Uniform Relocation Assistance (Pub. L. 91-646 and implementing regulations at 24 CFR Part 42),
providing for fair and equitable treatment of all persons displaced as a result of any federal or federally-
assisted program. Relocation payments and assistance, last-resort housing replacement by displacing
agency, and grievance procedures are covered under the Uniform Act. Payments and assistance will be
made pursuant to state or local law, or the grant recipient must adopt a written policy available to the
public describing the relocation payments and assistance that will be provided. Moving expenses and up
to $22,500 or more for each qualified homeowner or up to $5,250 or more for each tenant are potential
costs.
n) 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,
Page 10 of 15 Pages gQ0039
laborers and mechanics employed by contractors or subcontractors shall be paid wages at rates not less
than those prevailing on similar construction in the locality as determined by the Secretary of Labor.
(This requirement applies to the rehabilitation of residential property only if such property is designed
for use of eight or more families.)
o) Contract Work Hours and Safety Standards Act of 1962 (40 USC 327 et seq.) requiring that
mechanics and laborers employed on federally-assisted contracts which exceed $2,000 be paid wages of
not less than one and one-half times their basic wage rates for all hours worked in excess of forty in a
work week.
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 --Tide IV (42 USC 4831) prohibiting the use
of lead-based paint in residential structures constructed or rehabilitated with federal assistance, and
requiring notification to purchasers and tenants of such housing of the hazards of lead- based paint and
of the symptoms and treatment of lead-based paint poisoning.
r) Section 3 of the Housing and Community Development Act of 1968 (12 USC 1701 (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), denied
program benefits or subjected to discrimination on the basis of race, color, national origin or sex under
any program or activity funded in whole or in part under Title I (Community Development) of the Act.
t) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 USC 2000 (d)) prohibiting
discrimination on the basis of race, color, or national origin in any program or activity receiving federal
financial assistance.
u) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284; 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.
v) Executive Order 11246 (1965), as amended by Executive Orders 11375, prohibiting
discrimination on the basis of race, color, religion, sex or national origin in any phase of employment
during the performance of federal or federally-assisted contracts in excess of $2,000.
w) Executive Order 11063 (1962), as amended by Executive Order 12259, requiring equal
opportunity in housing by prohibiting discrimination on the basis of race, color, religion, sex or national
origin in the sale or rental of housing built with federal assistance.
x) Section 504 of the Rehabilitation Act of 1973 (29 USC 793), as amended, providing that no
otherwise qualified individual shall, solely by reason of a handicap, be excluded from participation
(including employment), denied program benefits or subjected to discrimination under any program or
activity receiving federal funds.
Page 11 of 15 Pages
900039
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.
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 any portion thereof, or of its rights, title,
interest or duties therein, without the prior written consent of the other party. No subcontract or transfer
of Contract shall in any case release the Contractor of liability under this Contract.
28. Non-Discrimination. The Contractor shall comply with all applicable State and Federal laws,
rules, regulations and Executive Orders of the Governor of Colorado involving non-discrimination on the
basis of race, color, religion, national origin, age, handicap or sex. In compliance with Paragraph 5 of
the Special Provisions section of this contract, Contractor agrees to consider minorities or minority
businesses as employees, specialists, agents, consultants or subcontractors under this Contract. Contractor
may utilize the expertise of the State Minority Business Office within the Office of the Governor for
assistance in complying with the non-discrimination and affirmative action requirements of this contract
and applicable statutes.
29. Applicant Statement of Assurances and Certifications. The Contractor has previously signed
an "Applicant Statement of Assurances and Certifications" which is hereby incorporated and made a part
of this contract by reference.
30. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary, the
parties understand and agree that all terms and conditions of this contract and the exhibits and
attachments hereto which may require continued performance or compliance beyond the termination date
of the contract shall survive such termination date and shall be enforceable by the State as provided
herein in the event of such failure to perform or comply by the Contractor or its subcontractors.
Page 12 of 15 Pages
900039
Form 6-AC-021t
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the Slate of Colorado or such assistant
as he may de-ignatc. This provision is applicable to any contract involving the payment of money by the Slate.
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 provide that if the contractor or his subcontractors fail to duly pay for any labor,
materials, team hire, sustenance, provisions, prevendor 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 percent 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
to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provisions is in compliance with 38-26-106 CRS,as amended.
INDEMNIFICATION
4. To the extend authorized by law,the contractor shall indemnify,save and hold harmless the State,its employees and agents,against
any and all claims,damages, liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission
by the contractor, or its employees, agents, subcontractors,or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other
applicable law respecting discrimination and unfair employment practices(24-34-402.CItS 1982 Replacement Vol.),and as required by Executive
Order, Equal Opportunity and Affirmative Action,dated April 16, 1975. Pursuant thereto,the following provisions shall be contained in all State
contracts or sub-contracts.
During the performance of this contract, the contractor agrees as follows:
(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 characteristics.
Such action shall include,but not be limited to the following: employment,upgrading,demotion,or transfer,recruitment or recruitment
advertising; lay-offs or terminations; rates of pay or other forms of compensation; and selection for training,including apprenticeship.
The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by
the contracting officer setting forth provisions of this non-discrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment without regard to race,creed,color, national origin,sex, marital status,
religion, ancestry, mental or physical handicap, or age.
(3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or
other contract or understanding, notice to he 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 furnish all information and reports required by Executive Order, Equal Opportunity and
Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit
access to his looks, 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 discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order
issued thereunder; or attempt either directly or indirectly, to commit any act defined in this contract to be discriminatory.
Page 13 of 15 Pages
900039
form 6-AC-02C
(7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,
regulations,or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may he declared
ineligible for further State contracts in accordance with procedures,authorized in Executive Order, Equal Opportunity and Affirmative
Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may
be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975,
or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law.
(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 hereunder and are financed in whole or in part by State funds.
h. When construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against
a tan-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the
non-resident bidder is a resident. If it is determined by the officer responsible for awarding the bid that compliance with this subsection .06
may case denial of federal funds which would otherwise he available or would otherwise be inconsistent with requirements of federal law,this
subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal
requirements (section 8-19-101 and 102, CRS).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall he applied in the interpretation,execution
and enforcement of this contract. My provision of this contract whether or not incorporated herein by reference which provides for arbitration
by any extra-judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void.
Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or
in pan shall be valid or enforceable or available in any action at law whether by way of complaint, defense or otherwise. My 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 18.8301, 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:
Page 14 of 15 Pages 900039
IN WrINESS WI IERE.OF, the panics hereto have executed this Contract on the day first above written.
Coat raetor:
Weld County, Colorado souls orcxxonntx)
(Full Legal Name) ROY ROMER, GOVERNOR
P.O. Box 758, 915 10th Street
(Address)
Greeley, Colorado 80631 By:
(City, State, Zip) '5 Executive Director
84-6 00813
(Soci urity Number
,`�or or
I.D. Number) (Department of)lit its: Chairman, Boerd of Commissioners
ATTFSr (Seal)
t
Co rate Secretary, or Equivalent,
'own/City/County Clerk
APPROVALS:
ATTORNEY GENERAL CONTROLLER
By: By:
Page 15 of 15 Pages 900039
EXHIBIT A
Scope of Services
Exhibit A
1. Scope of Services
a. General Provisions. This Project consists of providing Community
Development Block Grant ("CDBG") funds to the Contractor to continue a
Revolving Loan Fund ("RLF") , the purpose of which is to encourage economic
diversification and job creation which addresses the CDBG program objective
of benefit to low and moderate income persons, in unincorporated Weld and
Larimer counties, subject to the following provisions:
1. CDBG funds will be used exclusively to operate a revolving loan
fund program through which assistance is provided to private, for-
profit businesses for job creation and/or job retention activities
which are necessary or appropriate to carry out an economic
development project. This assistance may include direct loans, loan
guarantees or the provision of funds in exchange for shares in the
business or royalty payments. The rate of return for businesses which
receive assistance shall be comparable to industry standards.
2. The Contractor shall leverage funds from private and/or public
financial institutions and individuals for businesses which receive
CDBG assistance. Such funds shall comprise the majority of funds used
to assist businesses.
3 . All revenues received by the Contractor which result directly
from the CDBG-assisted activity, including but not limited to
principal and interest payments, origination fees, servicing charges
and proceeds from the sale of acquired assets shall be considered
program income. All program income shall be retained by the
Contractor or Sub-grantee, added to other funds committed to projects
and used to continue operation of the revolving loan fund. Efforts
shall be made to expend program income funds on assistance to
businesses or administration prior to requesting an additional
allocation from the state.
4. The Contractor shall not earn interest on advances of CDBG funds.
Draw down of funds shall be requested on an as-needed basis.
Contractor shall ensure that businesses assisted with CDBG funds do
not earn interest on CDBG funds.
5. Funds will be provided to small businesses according to specific
policies developed by the Contractor which define the criteria and
manner by which assistance will or will not be provided to applicant
businesses. Said policies shall be provided the state for review and
approval prior to obligating funds, and upon approval, shall be deemed
incorporated herein. Project descriptions and a financial analysis
will be provided to the state for review and approval to ensure
consistency with said policies and to verify the Project is necessary
or appropriate prior to processing requests for advances or
reimbursements. Upon request from the state and mutual agreement with
Page 1 of 5
900039
Contractor, Contractor may act as a pass-through agency for state
funded projects located in Contractor' s project area.
6. Interest rates charged to borrowers on the CDBG portion of loans
shall be no greater than the prime interest rate as stated by United
Bank of Denver or other participating bank in the specific Project at
the time of loan commitment, excluding any processing or service
charge imposed on the borrower by the Contractor.
7. The Contractor shall ascertain and document that interest rates
charged to borrowers by financial institutions participating in a
CDBG-assisted project are set at a rate offered to comparable
businesses and are appropriate to the market area.
8. No CDBG funds shall be drawn down or expended by Contractor until
the Contractor has negotiated agreements with participating banks,
agencies and investors which set forth the amounts and terms of each
party's participation in financing projects and which meets all
applicable provisions as set forth in this Contract.
9. The Contractor may charge the business applying for and/or
receiving a loan reasonable fees associated with processing loan
applications. Application review fees may not exceed fifty dollars
($50. 00) and loan origination fees may not exceed two percent (2%) of
the approved loan amount. No other fees shall be charged to or
collected from the borrower by Contractor.
10. The term of assistance provided to businesses with CDBG funds
shall not exceed ten (10) years unless it is demonstrated that a
longer term is necessary to leverage other public or private funds.
Providing assistance for a term of greater than ten years shall be
done only after receiving prior approval from the state on a case-by-
case basis.
11. In the event that any business which received assistance through
the revolving loan fund is sold, consolidated or merged to an extent
that controlling ownership changes prior to repayment of funds owed to
the Contractor through the agreement for CDBG assistance, Contractor
shall provide that those funds shall then become due and payable
unless prior written approval to do otherwise is obtained from the
state's Office of Economic Development.
12 . Copies of contracts and agreements entered into by the Contractor
in order to accomplish this Project including agreements with
subgrantees, agencies providing program administration services, the
Job Training Partnership Act vendor, the Job Service Center office and
other CDBG grantees shall be submitted to the state's Office of
Economic Development upon execution.
13 . An advisory committee which is representative of public and
private economic development organizations, businesses and local
governments in the area served by the Project shall review policies
Page 2 of 5
900039
and criteria, and shall directly or through an appointed sub-committee
approve all requests for assistance.
14 . The Contractor shall exhibit due diligence in pursuit of remedies
should businesses not fulfill contractual provisions under which the
assistance was provided.
b. Specific Provisions. The following specific provisions are made
hereby a part of this Scope of Services:
1. The CDBG contribution to the Project, exclusive of program
income, shall not exceed One Hundred Fifty Thousand Dollars
($150, 000. 00) .
2. Contractor shall be required to seek leverage funds provided by
participating banks and investors, but these leveraged funds shall not
be considered matching funds subject to federal audit requirements.
Unless modification is authorized in writing by the state's Office of
Economic Development, or its designee, the Contractor will be
responsible for insuring that at least $552, 000 from the participating
banks, agencies, and investors are committed to this Project during
the term of this Contract. Contractor/Local contribution to this
Project shall be at least $18, 500 during the term of this Contract.
3 . Contractor agrees that funds provided as assistance to businesses
shall be evidenced through legally binding loan agreements, a sample
of which shall be submitted to the state's Office of Economic
Development, or its designee, prior to execution for review to
determine applicability and adherence to federal regulations.
4. The Contractor commits that at least eighteen (18) full-time
permanent jobs will be directly created or retained through the
provision of CDBG funds. The Contractor shall make all reasonable
efforts to obtain a goal that at least seventy percent (70%) of all
jobs created are filled by low and moderate income persons. At least
fifty-one percent (51%) of jobs created or retained by each borrower
must be filled by low and moderate income persons.
5. CDBG funds may be used to finance "General Administration"
expenses including but not limited to the costs of performing those
general project activities related to contract compliance, financial
management, loan packaging and review, loan servicing and technical
assistance necessary for operation of the revolving fund program.
6. The Contractor shall submit requests for approval of any
equipment purchase over $500 to the state's Office of Economic
Development for item(s) that shall be paid out of CDBG administrative
funds.
Page 3 of 5
900039
2. Time of Performance
a. This Contract shall be effective upon full execution by State
Controller' s Office.
b. The Project shall be completed within twelve (12) months of the
effective date of this Contract, unless modification of the Contract is
authorized in writing by the Department of Local Affairs prior to
expiration of the Contract. In order to complete the Contract in the above
time period, one hundred percent (100%) of funds provided through this
Contract shall have been expended, unless Department of Local Affairs and
Contractor mutually agree to de-obligate a portion of such funds. In
addition, Contractor shall provide written evidence that projected number
of jobs have been actually created or retained by each individual project
and collectively meet the requirement in provision 1.b.4. of this Exhibit
A. Hiring requirements of low to moderate income persons must be achieved
per project as well. In the event there is any deviation from job
creation, retention or low/moderate income hiring requirements, Contractor
must submit written documentation to substantiate the reasons for such
deficiencies at or prior to project close out. If a deficiency exists, a
review by the Department of Local Affairs and/or Office of Economic
Development, or its designee, will be made to determine the ability to
close out this Contract.
3. Budget
a. REVENUE
Community Development Block Grant Funds $150, 000
Contractor/Local (a minimum of) 18, 500
Other Leveraged Funds (a minimum of) $552, 000
TOTAL $720,500
b. EXPENDITURES
Line Item Total State CDBG Other Funds Source
Assistance to $690, 000 $138,000 $552,000 Banks,
Private Investors,
Businesses Other
Lenders
Administration $ 30, 500 $ 12, 000 $ 18, 500 Contractor,
Local
TOTAL $720, 500 $150,000 $570,500
4. Payment Method
All payments to the Contractor shall be made in accordance with provisions
set forth in Paragraph 13 within the main body of this Contract except for
the requirements that the state withhold a five percent (5%) retention
payment which is herein waived.
Page 4 of 5
900039
5. Contract Monitoring
The Department of Local Affairs and/or the Office of Economic Development,
or its designee, shall monitor this Contract in accordance with the
provisions set forth in Paragraph 24 within the main body of this Contract.
6. Reporting Schedule
The Contractor shall provide quarterly financial and program reports to the
state' s Office of Economic Development, or its designee, in accordance with
the provisions set forth in Paragraph 21 within the main body of this
Contract. The Contractor is required to continue reporting to the OED
information on all persons which first fill jobs created by assisted
businesses until the number of jobs specified by provision 1.b.4. of this
Exhibit A have been created or retained, but in no event less than for a
period of one (1) year from the effective date of the project loan
agreement, even if this Contract has been closed out.
•
Page 5 of 5
900039
EXHIBIT B
Definition of Low and Moderate Income Households and Persons
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