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Home My WebLink About920249.tiff RESOLUTION RE: APPROVE 1992 CDBG (CENTENNIAL DEVELOPMENT BLOCK GRANT) CONTRACT FOR HOUSING REHABILITATION PROGRAM WITH STATE 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 the 1992 CDBG Contract for Housing Rehabilitation with the State Department of Local Affairs, to provide $184,000 for ten single family owner-occupied units in the communities of Evans, Erie, Firestone, Fort Lupton, Gilcrest, Johnstown, and Platteville, with the further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the 1992 CDBG Contract for Housing Rehabilitation with the State 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 16th day of March, A.D. , 1992. BOARD OF COUNTY COMMISSIONERS ATTEST: M464 WELD COUNTY, COLORADO Weld County Clerk to the. Bo EXCUSED Geo e Kennedy, Chairman BY: ��j{A /vet eputy le k to the BQ4 d Constance L. Harbert, ro-Tem APPROVED AS FORM: } C. W. Kir y County Attorney Gor . La W. H. Webster 920249 FOR $/&,t. u*Lr 3//I F 3/I a l`% Form e-AG0211R 51851 n CDBG-91-650 DEPARTMENT OR AGENCY NUMBER NAA CONTRACT ROUTING NUMBER GRANT BUDGET LINE CONTRACT THIS CONTRACT, made this day of 1991, 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, Post Office Box 758, Greeley. Colorado 80832, hereinafter referred to as the Contractor. WHEREAS,authority exists in the Law and Funds have been budgeted,appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number Appropriation Code_ Org. Number . Contract Encumbrance Number ; and WHEREAS,required approval, clearance and coordination has been accomplished from end 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 end Development and Division of Housing, pursuant to C.R.S. 1973, 24.32-106(1) (d), 24-32.304(2) (j) and 24-32-705(1) (i); and WHEREAS, the Department has received applications from political subdivisions in Colorado for allocations from the federal CDBG funds available to Colorado; and WHEREAS, the Contractor is one of the eligible political subdivisions to receive CDBG funds; and WHEREAS,the Department has approved the proposed Project of the Contractor; NOW THEREFORE it is hereby agreed that: 1. Scope of Services. In consideration for the monies to be received from the State, the Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work elements as indicated in the "Scope of Service," set forth in Exhibit A, which is attached hereto and is incorporated herein by reference, and is hereinafter referred to as the "Project." Work performed prior to the execution of this Contract shall not be considered part of this Project. 2. Responsible Administrator. The performance of the services required hereunder shall be under the direct supervision of Jim Sheehan, an employee or agent of Contractor, who is hereby designated as the administrator-in-charge of this Project. At any time the administrator-in-charge is not assigned to this Project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator-in-charge and the State receives notification of such replacement assignment. 3. Time of Performance. This Contract shall become affective upon proper execution of this Contract. The Project contemplated herein shall commence as soon as practicable after the execution of this Contract and shall be undertaken and performed in the sequence set forth in the attached Scope of Services. The Contractor agrees that time is of the essence in the performance of its obligations under this Contract, and that completion of the Project shall occur no later than the termination date set forth in the Scope of Services. 4. 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 en "X") broad national objective(s), as sat forth in Section 104(b)(31 of the Act, as amended, and all related regulations and requirements: �^ [� 1 of 11 Pages 97CZ4 X Benefit persons of low and moderate income: • _ Prevent or eliminate slums or blight; Mee other counity rticular rgency because existing conditions e a serious and immediate th eat of he health nor welfare of the community u where other s financial resources are not available to meet such needs. 5. Obligation. Expenditure end 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 COW 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 t t the O rat ve costs,reasonable engineering and design costs,G program os s.and costs of other exempt activitiesidenti issued in writing. Administe of funds yrative fied tivities in 58.35 (a) determined to brthere be through exempt because are nosci circumstances the t ances which equ a comp)ance with any other Federal tlaws 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 Recuirement. 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. of Low- and Moderate-Income Persons. Low-income and moderate-income parsons 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 9, which is attached hereto end in incorporated herein by reference, or as subsequently promulgated in writing by the State. T Citizen PY�rticipation. 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 the State. The by following the same citizen participation procedures required for the preparation and submission of its CDBG application 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 t include a provision for at least one course oftheaProjecteto allow citizens eto Preview atndncolmmentson the Contractor's performance in carryingr ublic hearing during the Act. The out the Project 8, Residential Antidis lac ment and Relocation Assistance Plan. The C that:tt r shall follow a residential antidisplacement and relocation assistance plan which, should displacement occur, provide 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 provide that)ling such rrepl cement housing may include existing housing assisted with project based its demolish or converted to a use other than for housing for low and moderate 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: 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, end sanitary; ii) adequate in size to accommodate the occupants; 1D 2 of 11 Pages 920249 iii) functionally eqt. .,ent; and, iv) in an area not subject to unreasonably adverse environmental conditions. Persons displaced shall have the right to elect, as an alternative to the benefits under this paragraph to receive benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended,if such persons determine that it is in their best interest to do so; and, where a claim for assistance under subparagraph(d) is denied by the Contractor, the claimant may appeal to the State,and that the decision of the State shall be final unless a court determines the decision was arbitrary and capricious. The Contractor shall follow the Residential Antidisplacement and Relocation Assistance Plan except that paragraphs al and h) 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 Furtherino Fair Housing. The Contractor shall affirmatively further fair housing in addition to conducting and administering its Project in conformity with the equal opportunity requirements of Title VI of the Civil Rights Act of 1964 and the Fair Housing Act, as required herein. 10. Recovery of Capital Costs of Public Improvements. The Contractor shall not attempt to recover any capital costs of public improvements assisted in whole or part with CDBG funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless: a) CDBG funds are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than the COSG 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 Eighty-Four Thousand and No/100 Dollars 18 184.000.001. 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 COBG 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. cl 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 end other relevant documents. Such discretionary audit may be requested at any time end 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. hl Mandator/ 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, sag 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, 29.1-807 or 29-1-808. sr �, 3 of 11 Pages 9,-,O,�- 249 15. Contractor, An Indeoci'dent Contractor. Contractor shall be an indel...ndent contractor and shall have no authorization,express or implied,to bind the State to any agreements.settlements,liability or understanding except as expressly sat forth herein. 18. Personnel. The Contractor represents that it has,or will secure at its own expense, unless otherwise stated in the Scope of Services, all personnel, as employees of the Contractor, necessary to perform the work and services required to be performed by the Contractor under this Contract. Such personnel may not be employees of or have any contractual relationship with the State and no such personnel are eligible for any employee benefits,unemployment compensation or any other benefits accorded to State employees and Contractor agrees to indemnify the State for any costs for which the State may be found liable in these regards. Contractor shall pay when due all required employment taxes and income tax withholding. All of the services required hereunder will be performed by the Contractor or under its supervision,and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services. The Contractor is responsible for providing Workmen's Compensation Coverage 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 Combensation 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. 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 event that such funds or any part thereof are not received by the State, the State may immediately terminate or amend this Contract. b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract,the State shall thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor of such termination and specifying the effective date thereof,at least five(5)days before the effective date of such termination. In that event, all finished or unfinished documents,data, studies, surveys,drawings,maps, models, photographs, and reports or other material prepared by the Contractor under this Contract shall, at the option of the State,become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State from the Contractor is determined. c) Termination for Convenience. The State may terminate this Contract at any time the State determines that the purposes of the distribution of State CDBG monies under the Contract would no longer be served by completion of the Project. The State shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in subparagraph b above shall, at the option of the State, become its property. If the Contract is terminated by the State as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made: Provided, however, that if less than sixty percent (60%) of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Paragraph 18b hereof relative to termination shall apply. 19. Modification and Amendment. a) Modification by Operation of Law. This Contract is subject to such modifications as may be required by changes in federal or state law or regulations. Any such required modification shall be incorporated into and be part of this Contract as if fully set forth herein. b) Programmatic or Budgetary Modifications. Contractor shall follow the revision procedures set forth in the Financial Management Requirements if programmatic or budgetary modifications are desired: Cr/02f49 4 of 11 Pages 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 15) percent of the total contract amount or Five Thousand Dollars(95,000), whichever is less; b. when any budget transfers to or between administration budgetary categories are proposed; 2' when the scope, objective or completion date of the Project changes; d. when additional or less State funding is needed; q, 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($20,0001, 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. al 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. . bl Performance Reports. The Contractor shall submit to the Department three (3) copies of quarterly performance reports and of a project completion report in a manner and method prescribed by the Department. 22. Conflict of Interest. a) In the Case of Procurement. In the procurement of supplies,equipment, construction end 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. bl In all Cases Other Than Procurement. In all cases other than procurement (including the provision of housing rehabilitation assistance to individuals, the provision of assistance to businesses, and the acquisition and disposition of real property), no persons described in subparagraph i)below who exercise or have exercised any functions or responsibilities with respect to 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. er 024 S of 11 Pages .dfJ' '3 9 i) Persons Covereg. The conflict of interest provisions of this parag.eph 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 Reouirements 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 en exception will serve to further the purposes of the CDBG program and the effective and efficient administration of the Contractor's Project. An exception may be considered only after the Contractor has provided the following: A disclosure of the nature of the conflict, accompanied by an assurance that: i. there has been or will be a public disclosure of the conflict and a description of how the public disclosure was or will be made; and ii. the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with reapect 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 a. A written statement signed by the chief elected official of the Contractor holding the State harmless from all liability in connection with any exception which may be granted by the State to the provisions of this subparagraph b); iii) Factors to be Considered for Exceptions. In determining whether to grant a requested exception after the Contractor has satisfactorily met the requirements of subparagraph ii) above, the State shall consider the cumulative effect of the following factors, where applicable: 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 en opportunity was provided for open competitive bidding or negotiation; 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; �. 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 140 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 Archaeolocicel and Historical Data Preservation Act of 1974, amending the Reservoir Salvage Act of 1960(16 USC 489 et seq.),providing for the preservation of historic and archaeological data that would be lost due to federally-funded development and construction activities. el Executive Order 11988, Floodplain Manaaemen4 May 24, 1977(42 FR 28951 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. 6 of 11 Pages C 70249 f) Executive Order 11990, rrotection of Wetlands, May 24, 1977(42 FR 28961 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. a) Safe Orinkino 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 Endenoered Species Act of 1973(18 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 end adverse affect on any river included in or designated for study or inclusion in the National Wild and Scenic Rivers System. j) The Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, requiring that federal assistance will not be given and that license or permit will not be issued to any activity not conforming to the State implementation plan for national primary and secondary ambient air quality standards. k) HUD Environmental Criteria and Standards (24 CFR Part 51) providing national standards for noise abatement and control, acceptable separation distances from explosive or fire prone substances and suitable land uses for airport runway clear zones. I) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970--Title III. Real Property Acquisition (Pub. L. 91.648 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 end assistance, last-resort housing replacement by displacing agency, and grievance procedures are covered under the Uniform Act. Payments and assistance will be made pursuant to state or local law, or the grant recipient must adopt a written policy available to the public describing the relocation payments and assistance that will be provided. Moving expenses and up to $22,500 or more for each qualified homeowner or up to $5,250 or more for each tenant are potential costs. n) Section 104(d) of the Housing and Community Development Act of 1974, (42 USC 5301 as amended and implementing regulations at 24 CFR Part 570) providing for the replacement of all low/moderate-income dwelling units that are demolished or converted to another use as a direct result of the use of COBG funds,and which provides for relocation assistance for all low/moderate-income households so displaced. o) Davis-Bacon Fair Labor Standards Act(40 USC 276a-276a-5)requiring that,on all contracts and subcontracts which exceed 42,000 for federally-assisted construction,alteration or rehabilitation,laborers and mechanics employed by contractors or subcontractors shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor. (This requirement applies to the rehabilitation of residential property only if such property is designed for use of eight or more families.) (3) Contract Work Hours and Safety Standards Act of 1962(40 USC 327 et seq.)requiring that mechanics and laborers employed on federally-assisted contracts which exceed$2,000 be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty in a work week. q) Copeland "Anti-Kickback" Act of 1934 (40 USC 276 (c)) prohibiting and prescribing penalties for "kickbacks" of wages in federally-financed or assisted construction activities. r) The Lead-Based Paint 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. s) 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 busi located in the project area or to businesses owned, in substantial part,by residents of the project area. ® '49 7 of 11 Pages t) Section 109 of the Housing and Community Development Act of 1974(42 ...iC 5309), as amended,providing that no person shall be excluded from participation (including employment), denied program benefits or subjected to discrimination on the basis of race, color, national origin or sex under any program or activity funded in whole or in part under Title I (Community Development) of the Act. u) Title VI of the Civil Rights Act of 1964(Pub.L.88-352;42 USC 2000 (d))prohibiting discrimination on the basis of race, color, religion or religious affiliation, or national origin in any program or activity receiving federal financial assistance. v) The Fair Housing Act(42 USC 3601.20),as amended,prohibiting housing discrimination on the basis of race,color, religion, sex, national origin, handicap and familial status. w) Executive Order 11246 (1965), as amended by Executive Orders 11375, prohibiting discrimination on the basis of race, color, religion, sax or national origin in any phase of employment during the performance of federal or federally-assisted contracts in excess of 92,000. x) Executive Order 11063 (1962), as amended by Executive Order 12259, requiring equal opportunity in housing by prohibiting discrimination on the basis of race, color, religion, sax or national origin in the sale or rental of housing built with federal assistance. y) Section 504 of the Rehabilitation Act of 1973 (29 USC 793), as amended, providing that no otherwise qualified individual shall, solely by reason of a handicap,be excluded from participation(including employment), denied program benefits or subjected to discrimination under any program or activity receiving federal funds. z) Age Discrimination Act of 1975, (42 USC 6101), as amended, providing that no person shall be excluded from participation, denied program benefits or subjected to discrimination on the basis of age under any program or activity receiving federal funds. 24. Monitoring and Evaluation. The State will monitor and evaluate the Contract with the Contractor under the CDBG program. The Contract will be monitored for compliance with the rules,regulations,requirements and guidelines which the State has promulgated or may promulgate and will be monitored periodically during the operation of the project and upon its completion. The Contract will also be subject to monitoring and evaluation by the U.S. Department of Housing and Urban Development. The Contract will be evaluated to gauge its impact upon low-and moderate-income residents of the community, slums or blighted areas, or other urgent need conditions and for the effective and efficient utilization of CDBG funds. 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. Sublettino, 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 busi 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. Excessive Force. In accordance with section 519 of Public Law 101.144, the HUD Appropriations Act, end Section 906 of Cranston-Gonzalez Affordable Housing Act of 1990,the Contractor has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations;and has adopted and is enforcing a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstration within its jurisdiction. 30. Lobbying. The Contractor assures and certifies that: a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any parson for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract,the making of a federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal, amendment, or modification of any federal contract,grant,loan or cooperative agreement. 8 of 11 Pages 920249 b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an offer or employee of any agency, a Member of Congress,an officer or employee of Congress. or an employee of a Member of Congress in connection with this federally funded contract, grant, loan, or cooperative agreement, it shall complete and submit Standard FomrLLL, 'Disclosure Form to Report Lobbying",in accordance with its instructions. c) It shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, end contracts under grants, loans, end cooperative agreements) and that all subrecipients shall certify and disclose accordingly. d) It understands that this certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not lass than $10,000 and not more than $100,000 for each such failure. 31. Applicant Statement of Assurances and Certifications. The Contractor has previously signed an'Applicant Statement of Assurances and Certifications' which is hereby incorporated and made a part of this contract by reference. 32. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance or compliance beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Contractor or its subcontractors. c1 , .4(:1 9 of 11 Pages Farm 6-.AC-0_8 • SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controeerof 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 forthis 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 fonhe State,a good and sufficing bond orother 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.provender 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 to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with 38-26-106 CRS. as amended. INDEMNIFICATION 1. To the extent authorized by law,the contractor shall indemnify,save and hold harmless the State,its employees and agents. against any and all claims, damages,liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor.or its employees, agents, subcontractors.or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,as amended,and other applicable law respecting discrimination and unfair employment practices(2-31-102.CRS 1982 Replacement Vol.).and as required by Executive Order,Equal Opportunity and AtFrma- tive 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: (l) 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 pro- vided 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 understand- ing.,notice to be provided by the contracting oficer,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. (1) The contractor and labor unions will furnish all information and reports required by Executive Order.Equal Opportunity and Affirmative Action of April 16. 1975.and by the rules,regulations and Orders of the Governor,or pursuant thereto.and will permit access to his books.records,and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (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 is 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 dis- criminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder,or attempt either directly or indredy,to commit any act defined in this contract to be discriminatory. 395-53-O1.1022 Revised 1/88 page—a of_1L pages t«nst2ow+a 2?0249 Forrn 6-AC-02C (7) lntreevent of the contractor's non-compliance with the non-discrimination clauses of this contractor or with any of such rules,regulations.or orders.this contract ear be cancelled.terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures.authorized in Executive Order.Equal Opportunity and Affirmative Action of April 16.1975 and the rules.regulations.or orders promulgated in accordant 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) Themmmeter will include the provisions of paragraph(I)through(8)in every sub-contract and subcontractor purchase order unless exempted by rules. regulauoaLor orders issued pursuant to Executive Order.Equal Opportunity and Affirmative Action of April 16.1975.so that such provisions will be binding upon eachacbcontractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct,as means of enforcing such provisions,including sanction for non-compliance:provided.however,that in the event the contractor becomes involved in.or is tbaened with.litigation with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State of Colonic to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a. Providers of 8-17-101 &102,CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereun- der and are financed in whole or in part by State funds. b. When nastrucuon contract for a public project is to be awarded to a bidder..a resident bidder shall be allowed a preference against a non-resident bidder from a scatter foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is deter- mined by theacer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be avail- able or woultotherwise be inconsistent with requirements of federal law,this subsection shall be suspended.but only to the extent necessary to prevent denial of the moneys erto eliminate the inconsistency with federal requirements (section 8-19-101 and 102, CRS). GENERAL 7. The lots of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution and enforcement of this contract. Aar provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws,rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of contpesine,defense or otherwise.Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent&at the contract is capable of execution. 8. At all aces dunne 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 sisatories hereto aver that they are familiar with 18-8-301.et.seq..(Bribery and Corrupt Influences)and 18-8-401.et.seq..(Abuse of Public Office). CRS 1978 Replacement Vol.. and that no violation of such provisions is present. 10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the service or property described hezn: IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. Contractor. (Full Legal Name) WELD COUNTY. COLORADO STATE OF COLORADO OARA OF COUNTY COMMI, SIGNERS ROY ROMER, GOVERNOR <c67` .T•-r -•a: /LfZO-A By '5 EXECUTIVE DIRECTOR. Position (Ti*) AIRMAN PRO—TRM 84-6000813 Segal Sectsnty Nwneer or Federal 1.O.None 03/16/92 DEPARTMENT OF (If Corporations) �Y� LLq:Lif/1( Attest (Seal) By 7:27i.j.yirgistxriegxiff° a•., .•; r \T BOARD APPROVALS ATTORNEY GENERAL CONTROLLER By By • 9e.11-whirs the m gill. Per J9S.s3dt.io70gwsea imai not ucmateea am mono sat. DC-10310Jraa 77249 EXHIBIT A Scone of Services 520249 EXHIBIT A SCOPE OF SERVICES WELD COUNTY 91-650 1. Project Description and Objectives. Using CDBG and other funds the Contractor shall rehabilitate approximately ten (10) single family owner-occupied housing units in Weld County, specifically in census tracts 17, 18, 19.01, 20 and 21 including the communities of Erie, Evans, Firestone, Fort Lupton, Gilcrest, Johnstown and Platteville and rehabilitate a Residential Child Care Facility in Weld County. CDBG funds will be used for rehabilitation and pay for direct administrative costs related to these activities. 2. Low and Moderate Income Benefit. The total family income of the assisted households shall not exceed the income limits set forth in Exhibit B of this Contract, or those subsequently issued by the State. 3. Program Pamies. Housing rehabilitation assistance program policies will be developed and followed by the Contractor which define the criteria and manner by which the program will be administered. Such policies will include, but not be limited to, program eligibility requirements, allowable costs, CDBG maximum assistance amounts, advisory committee composition and role, use of CDBG funds in conjunction with other funds, collateral requirements, emergency repairs, change orders, files and reports, accounting, receipt and selection of applications, contractor qualifications, bidding and contracting procedures, lien waivers, inspection of work, program changes, conflicts of interest, and grievance/appeal procedures. Said policies will be available for review during the project monitoring by the State. 4. Administration Requirements. The Contractor shall comply with the administration requirements set forth in the 1992 Community Development Block Grant Program guidebook, or such requirements as may be subsequently issued by the State. 5. Financial Assistance Methods. The financial assistance provided to individual households may take the form of a loan, deferred loan, or such other form as specifically authorized in advance by the State. 6. Construction Standards. The primary purpose of the CDBG funds is to address health, safety, energy conservation, and structural deficiencies. Upon completion, each assisted unit, except any on which only essential repairs are undertaken, will at a minimum meet the HUD Section 8 Housing Quality Standards for Existing Housing contained in 24 CFR 882.109, incorporated by reference. 7. Interest. The Contractor shall not earn interest on advances of CDBG funds. 8. Program Income. Program income means amounts generated from the use of CDBG funds which are received by the Contractor or its subrecipients while there is a continuous CDBG contractual relationship between the state and the Contractor. All revenues received by the Contractor or designated subrecipient which result directly from a CDBG-assisted activity shall be considered program income. Program income includes but is not limited to, principal and interest payments and proceeds from the sale of acquired assets. All program income shall be retained by the Contractor or designated subrecipient in a revolving loan fund, added to other funds committed to the Project and used to continue the housing program. A minimum of 803 of the program income funds shall be expended on CDBG eligible housing assistance activities and up to 203 may be applied toward administrative costs of the RLF. To the extent possible, program income shall be expended prior to requesting any additional funds from the State. Program income received after completion of this Project is not subject to federal CDBG requirements unless another CDBG contract is in effect between the State and Contractor at the time. Any other use of program income received during the Contract period must be pre-approved by the State. 9. Miscellaneous Income. Any income received by the Contractor or its subrecipient after the end of a continuous CDBG contractual relationship between the state and the Contractor is considered to be miscellaneous income and is not subject to CDBG requirements,even if the state and Contractor subsequently enter into another CDBG contract. All miscellaneous income shall be retained by the Contractor or designated subrecipient in a revolving loan fund and used to continue the housing program. A minimum of 803 of the miscellaneous income funds shall be expended on direct housing assistance and up to 203 may be applied toward administrative costs of the RLF. 10. Contractor Administration. The Contractor shall be responsible for the administration of the project. The Contractor wilt subcontract with the Weld County Housing Authority for the management of this program. Page 1 of 2 Pages e V 23T) EXHIBIT A-SCOPE OF SERVICES - WELD COUNTY - #91-650 11. State Monitoring. The Department of Local Affairs will monitor the project. 12. Project Budget. Octet Fud Project Activities Teed Funds COIO Pud Amount t Swoe Residr.eSRebaibeen 3172.200 1107.200 166,000 FmHA.WCHA,WX. flat, Mn.,Sender F. ty *80.000 140.000 140,000 Awemsew Home. Reaeaiftbeen/2.0, AO Cenoeen/171 $58.600 $36,800 *20.000 WCHA TOTALS 1309,000 $184,000 *125.000 Funds from sources other than CDBG shall not be considered matching funds subject to federal audit requirements. 13. Time of Performance This Contract shall be effective upon full and proper execution. The Contract shall expire on April 30, 1993, except that the Contract may be extended by mutual agreement of the State and the Contractor. Any request for extension by the Contractor shall be submitted to the State at least 30 days prior to the expiration of the Contract with a full justification for the extension request. 14. Payment Schedule $174,800 Paid upon receipt and approval of written requests from the Contractor for funds to meet immediate cash needs. $9,200 Paid upon substantial completion of the project provided that the Contractor has submitted and the Department of Local Affairs has accepted all required quarterly Financial Status Report and Performance Report information. 5184,000 TOTAL All requests for payments will be made in accordance with Paragraph 13 of the main body of this Contract. 15. Reporting Schedule. The Contractor shall provide quarterly financial and program reports to the Department of Local Affairs, Division of Housing in accordance with the provisions set forth in Paragraph 21 within the mein body of this Contract. 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II II AI II AI 11 Ii111111111111 11 11=9 I9 I9 I9 I9 =9 19 I9 =9 11 11 2 1 11 . 9 I9 I9 811 ; 8 8 g 'g 11811n 0 u a • -y .iRequest for Taxpayer i Give this form (Rim Ostrow:9aa) to the requester. Do ploartment of th.-+r.esuq Id. tJfJcatlon Number and Certl...:atlon NOT send to IRS. 1:7tantal Or.ru•Sena S Name (n an[names,lin:Irst and cm.the name of tin person or Entry venom numoer you mono Put Ideas.lee Instructions m'fsn under a yew nine Ma tutu)) 3 WELD COUNTY, COLORADO Actress(number ant street) List account numoer(s) 1 915 10TH STREET P.O. BOX 758 here(optional) . Cry,state.and ZIP cats GREELEY, CO 80632 tesiii Taxpayer Identification Number larMa For Payees Exempt From Enteryour Backup Withholding(See taxpayer identification number in Instructions) the appropriate box. Fcr individuals and sole Seca scanty manger proprietors, this is your social security number. I I ' M - Far other entities, it is your employer identification number. If you do not have a OR number,see How To Obtain a TIN, below. Requester's name and address(optional) •Nora:If the araunt is h7 mere than one name, i fm'!b,"•,r 1d"'t e'n1tlf1er see the chart on page 2 for guidelines on whose 8 1 4 -r 6 I 0 i CH 0 i 8 i 1 i 3 number to enter. CartfflaL'on.—iJnder penatties of perjury,I certify that (1) The number shown tin this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and (2) I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that 1 am subject to backup withholding as a result of a failure to report all interest or dividends,or(e) the IRS has notified me that I am no longer subject to backup withholding(does not apply to real estate tnrmctiom,mortgage interest paid,the acquisition or abandonment of secured property,contributions to an individual retirement arrangement(IRA),and payments other than interest and dividends). s•: Certification Instructions—You must cross out item(2)above if you have been notified by IRS that you are wrrently subject to backup withholding because of underreporting Interest or dividends on your tax return.(Also see Signing the Certification under Specific Instructions,on page 2.) Please Sign M • en Signature► �� ..# ) �i -Date e• MARCH-L6, 1992 Instructions and continue until you furnish yourtN tothe (1)You do not furnish your TIN to the . (Section re/anrxe SIT W Cie Intr./Ant" requester.For reportable Interest or dividend requeister,or • Coos.J payments.the payer must nerds°one of the (2)IRS=tine the requesterthat y= ..: allowing options concerning backup withholding furnished an incorrect TIN;or , Purpose of Font—A person who a required to during this 60-day period.Under option(I).a (3)You are notified by IRS that you are file an information return with IRS must obtain payer must backup withhold on any withdrawais subject tb backup withholding because you failed your correct taxpayer identification number(fIN) you make from your account after 7 business to report ail your interest and dividends on your to moan income paid to you,real estate days after the requester receives this form beck tax return(for interest and dividend aee:ounte :enaction!.mortgage interest you paid,the from you.Under option(2),the payer must - only) or - . . .. acuurtion or*cantonment of secured property, backup wdtNtold on any reportable'merest or Cr contnbutibns you made to an individual dividend payment mate to your account. (4)You fail to the withholding under( ) retirement arrangement(IRA).Use Form WA to reputless of whedher you make any withdrawals. are not or Sotto backup withholding under(3) lumen your=nett flit the requester(the The backup withholding under option(2)must after 1983 Serest and dividend account opened person asking you to furnish your TIN),and.when begin na later than 7 busmen days afterthe • after 1983 amyl,o aopliaole.(1)to certify that the 11N you are requester receive this farm back.Under option (5)You tad tocertify your TIN.ThisaopUw furnishing is correct(artist you are wading for a (2)the payer is required to refund the amount only to intarut,dividend,broker,or barter number to be issued),(2)to cartifythatyet are withheld H your certified TIN is received within exchange accounts opened after 1983,or broker net subjec to isackup withholding,and(3)to the 60-Cay period and you were not sublet to acturret considered inactive in 1983. calm exemption from backup withholding if you backup withholding dunngthat penal. For other payment,you are subject to backup are an exempt:aye.Furnishing your enrtact TIN Hot:Writing'Applied For'on the form means withholding only if(1)er(2)above applies. art making the appropriate certifications will the you ham already applied for a 77N OR that Certain payee and payments are exempt from . prevent certain payments from being subject to you intend to apply for one in the near futuns backup withholding and information reporting. ...e 20%bacxuo wrtinoidlrg. Ac soon as you receive your TIN,tinplate See Payees and Payments Eames Fran Backup Note:if a recuesrer pees you a form other than arctic(Form W-9,include your TIN.sign and Wrmholding,below,and Exempt Payees and a W-9 to recuer.your TIN.you must use the data the form,and give it to the requester. Payment under Specific lrertructorts on page 2. requesters nom.. What Is Backup Wlthholdingl—?,boon making if you are an ere payee. Now To Obtain a'DN.—if you do net have a TIN, artain payments to you are required to withhold Palma"►rymet t gsempt Flee°Sack" aooty for one immealately.To apply,get Form and pay to IRS 20%of such payment under he 4—Ther cog isn't 1St of peyses 53.5.Apollation for a SocialNumberexam Security amain conditions.'Paynt is atcould'backup Ora(for intiviawu)from your loaf office of the withholding.'Payments that could he woad tp no infornmatlen tapering v rpuieed.For 4rbatest Socal Security Administration.or Form 6S-, backup withholding include interest,dividends, and dividends.all fisted payee are exempt Application for Employer Identification Numoer broker and barter exchange transactions,rants, txcect It"(9).For bnkertransadtons,payee (far ousmenes ant all otter entities),from your reyarties.nonemployee compensation,and listed in(1)through(13).and a person re_4stered loom lo Internal Revenue Service office. carte in payment from fishing boat operators,but under The investment Advisers AC of 1940 who To complete Form W-9 if you do not have a do mat incude real estate transaction. regularly acts as a broker are tempt.Payments TIN.writs'Applied For'in the spew forth,TIN If you give the requester your correct TIN, wbpctto reporting under section 6041 and in Pert I.sign and date the form,and give it Satin make the appropriate certifications,and receded 6041A are generally exempttopfrom ay a backup reuuester.Generally,you will tamable have 60 days your tble interest and dh iderds on your tax withholding only if made to payee described in to obtain a TIN and furnish itto the requester,If return,your payment will not be subject to hem(1)Uncut(7).ssceptthat a. ...a&n the requester do not receive your TIN Within 60 backup withholding.Payment you naive will be that Paidde medial and belts are a n..-rr es days.backup witftholCing,if applicable,will begin subject to baekep wiChholding if: bills and code=�te far wet sans t not eiempt from boast withoidi gar .,• _. . -Fen W-9 amt.12.60) • nom: ,%°:atit ,t,nw.9(Ref.uaE) ' . Pew'2 it formation reporting.Only payees described in Civil Penalty for False.i formation Wtth What Name and Number To Give the stems(2)througn(6)are exempt from backup Respect to Wthheleing.—N you make a false ' .rtmolding for barter exchange transactions. statement with na reasonable basis tat results in Requester -nonage dividends,and payment by certain no imocsiton of backup withholding,you an For this type of Give the name and mg 4sn coat operators. masked to a penalty of 5500. account SOCIAL SECURITY (1)A carperaton. Criminal Penalty for Falsifying number aft (2)An organization exempt from tax under Information.—Willfully falsifying certfiatiors sector:. 501(3),or an individual retirement plan or 3fftrmaticre may sublet.you to eimiral 1. Individual The individual (:R1),or a custodial account under 403(b)(7). penalties including tines and/or imps omtw, - 2.. Two or more The actual owner of i,rmeteaiitinas, satnararyot tsagencies or inSpecific Instructions ac unt)lsQaint thccombiinnedfunt nr,if the (4)A state,the District of Columbia,a Name-4f you am an individual,generally first individual on the pcssessien of the United States,or any of their provide the name shown on your moral security account* poiitiol subdivisions or irttumentalite. card.However,it you have clanged your last 3. Custodian The miners (5)A foreign gpvernment or any of its Izabal name,for insane,due to marriage,without sut>Cncions,agencies or instrumentalities. informing the Sctcal Secarity Administration of account of a (6)M international orgartirstion or any of its me name change,please enter your first name minor(Uniform agencies or instrumentalities. and both the last name snowman your social Gift Min ors nors f1)A foreign central bank at slue. ^^ and and your raw let name. Act) (3)A dealer in saC:rites or cartmoditle Signing the Car,15....,tin.— 4.a.The usual The grantor-trustees reused to regismr in toe U.S.or a posi ttiion of (1)interssL Dividend,and Barter Exchange revocable the L S. Accounts Opened Before 1984 and Broker savings that (9)A futures commission merchant registered Accounts That Were Considered Actve During (grantor is also with the Commodity Futures Trading Commission. 1983—You are not required to sign the tom) (30)A rani astab iu.mL,..,,s VS. artifiatcn:however,you may do so.You air i (11)An entity registered at all tine dining to provide your conch TIN- b.So-called is The actual owrtar . the to year under the Investment Compirty Act (2)Interest Dividend,Broker and Bartar - at 1940. Exchange Accounts Opened Alter I943 and not a legal or (lZJ A common that tuna operated by a bank Imes Accounts That Were Pandered valid trust and ne:e 584(a). inactive During 1983.—You must sins eaundKafah law ,,,:.,: (7�A finsndal nsthrtlon certification a ap tacos withholding will ply,f S. Solepraprle up The owheta .... you are subject to backup withholding and you (14)A middleman known in the investment are merely providing your correct TIN to the community as a nominee or listed in the mast requester.you must act out item(2)in the Give the name and recentpubll alien of the American Society of certification before signing the form. For this type of EMPLOYER Caren Secretaries,Inc,Nominee List. (3)Real Estate Iransadans—You must sign seeount IDENTIFICATION (15)A trust exempt from=x under section the.m ofiatan.You may sass put itch(2)of number at 664 or described in saran 4947. Me cnvffatan if you wan. Payment at dividends and patronage . . . 6. estate,A valid tea!- .Legas htthe den rqE'-': dividends generally net sublet to bedatp (u)Ottyo Payment:,—You yo required a nso or furnish the numb' witlholdi also include the following form yourwirer.on necsouurnec required pension trust t e pen ' Of,1 mg � to sign the certification unless you have born .>a.., e?Matta to nonresident aliens subject to rotted of an incorrect TIN.Other payments the personal �� ,., wrthhoeting under section 1441. include payment made in the course Otte - • Payment to partnerships not engaged in a reouestars trade or businessfor rents,mate, trustee unless the - - trains business in the U.S.and tut have at goods(other than bills for merchandise),medial - legal entity tail s eastre nonresident partner. and hearth ore services,payment to a not designated in the • Payment of patronage dividends not paid nor-employee for services(indudtnt attorney and account titles in mossy, araunting tee),and payment to certain fishing 7, corporate The corporation. • primers made try certain foreign organ: arts. boat crew mermen- & Association,dub, The organization - - - - e ?irnel t of hawed generally not subject to (5)Mortgage Interest Paid by You.Acquleitien bacxw withholding induce the tollatng or Abandomroent of Seeund Prepeety,or IRA • Payments at interest to obligations issued by Canvtbutlas—You are required to furnish _ . inc,vibals.Note You maybe subject to bedlam too a correct. • 'IN,on.but are not required to sign 1•other mph wrmnoktingithis interests SECO armory and a • :aid Mete mums of the payers trade or business (6)Exempt Payee and Payment:—If you ate organ®t "rasa have not mended you correct TIN to the exempt from backup withholding,you should 9. Partnership The partnership -rye complete this fort to avoid gamble erroneous 10. A broker or The broker or - . • Fayaents of tax-exempt interest(inducing backup wtthhokiing.Enter your carat TIN it n nptynternt divide/MIS under secan 852. Port I.write'EXEMPT'in the block in Part R,sacs registered nominee •faytnertt described in sac:an 6049(D)(5) and date the form.t you are a nonresident Mien nominee to emientd a ens or foreign entity not subiedttobackup 21. An tuntwiththe The public entity =ridenwnrciding,gyve tie requester a competed • :'emporia on tax•frn covenant txxhdx etch Form VI-8,Certificate of Foreign Status. Department of sect 1451. Agritbtttura in the .?aymertt made sty certain foreign argarh�dom• (7)TIN'Applied For-'—Follow the instructions name of a public under How To Obtain a TIN,on Delia 1, •sups and • Mortgage interest paid by you. date this form. entity(s1Kh a Payment that are rat subject to irdarmanon Si to backupphaturs—For a joint account wily the porereporting are also not smote or local wwxt rig.For deals.see sections 6041. ' wrote TiN is shown in Part I should sign Metro. government school district,or 604141),6042.6044,6045,6049.6050A,and Privacy Act Nodce—Section 6109 requriesyau prison)that 6050N,ano the regulations under such sections. to fumrsn your carrect taxpayer identfotiara receives number(TIN)to persons who must file Penalties information returns with IRS to report interest, agricultural pro- Failure "? �f S. Te Furnish TIN--t1 you fail to furnish dividends,and certain other income paid bayou, gram payments S' °0249 your erect TIN to a requester,you are subject to mortgage interest you paid,the acquisrb n a • ' List cimle the a tensity y of 550 for each such failure unless your acandonment of secured property,or whose neumbarfurnish.me of the person faiures due to reasonable cause and net to cnthbutons you made to an individual a xnlHWnegleC, retirement amngement(IRA).IRS usesthe duWtlemireersnsme and furnish the Failure To Induce Certain ltens en Year Tae: numbers far identification purposes and to help mtee'saodd aecetty number. _ Reams—u you tad to popery include an your verb the usuracy of Your'tax return.You mesa s Show to name oft a awns.+,..: tax Marl o tin items reported to IRS.such provide your TIN whether or not you are floured 4 Lint lksd and cute the name of the ARM that.- tar loeeen be treated as being clue to ruidgonta, to rile a tax return.Payers must generally withhold stew,or minion ttst ant yatwiil be subject toe penalty of 5%an any 20%of taxable interest.dividend,and certain Meta If no name fa het whet there s nsae tart can underpayment of tax attributable to other payment co a payee who doe not furnish a than are name,the number will be considered to tut to n unless there is dear and convincing TIN to a pay-r.Ceram penalties may also apply, be Chat of the list name listed. er•deoe to the mnnry. • .c.a. Calmat Mutt.. Off U. III,-442-+TU Set24 4 DEPARTMENT OF SOCIAL SERVICES it° P.D. BOX A GREELEs, nce(COLO03 35O 80552 MEMORANDUM Administration antl Public Assistance(303)3521551 Child Support(303)352-6933 Child Protection and Day Care(303)352-1923 WI ID Food Stamps(303)356-3850 C. COLORADO TO: George Kennedy, Chairman Weld County Board of Cotnmi sinner FROM: Judy A. Griego, Director Li • (.1,:\V-Pe-Dr SUBJECT: 1992 CDGB Contracts DATE: March 11, 1992 Attached for Board approval is our CDBG Contract for the 1992 Housing Rehabilitation Program. The Contract provides $184,000 for the rehabilitation of ten (10) single family owner-occupied units in the communities of Evans, Erie, Firestone, Fort Lupton, Gilcrest, Johnstown and Platteville. Moreover, the Contract also provides for the rehabilitation of a Residential Child Care Facility near Longmont, in Weld County. If you have any questions, please call me at extension 6200. JAG:jac Attachment 920249 /I C, I C' Hello