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RESOLUTION
RE: APPROVE CDBG CONTRACT FOR WELD/LARIMER REVOLVING LOAN FUND
AND AUTHORIZE CHAIR 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
(CDBG) Contract for Weld/Larimer Revolving Loan Fund between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and the
Colorado Department of Local Affairs, with terms and conditions being as stated in said
contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Community Development Block Grant (CDBG) Contract for
Weld/Larimer Revolving Loan Fund between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and the Colorado Department of
Local Affairs be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 26th day of January, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Constance L. Harbert, Chair
Weld C=Anty or = e a
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W. H. etSter, P -Te
BY:
Deput _A* rd
‘org . Baxter
AP• ' V S O 'sRM: EXCUSED DATE OF SIGNING (AYE)
Dale K. Hall
ounty 7t. ney
arbara J. Krirkmey r'✓
980161
FI0027
�C F.D/917
DEPARTMENT OR AGENCY
CDBG#97-787 NAA
Rev. 4/1/96 CONTRACT ROUTING NUMBER
175 7
CONTRACT
it
THIS CONTRACT, made this // 3 day of y?(4-‘d%� , 1998, by and between the State of
Colorado for the use and benefit of the Department of L cal Affairs. 1313 Sherman Street, Denver, Colorado 80203
hereinafter referred to as the State, and Weld County, P.O. Box 758, Greeley. Colorado 80632, hereinafter referred to
as the Contractor,
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment in Fund Number it, 7517
Appropriation Code Number IIt,-/IX , Org. Unit FAP4Foal, GBL 1)SQi,07_9/ , Contract Encumbrance Number
rg con y7-7$ry ; and D4t78, 0575, D777_
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 very low-, low-, and moderate-income families or aid in the prevention or elimination of slums or blight;the
state's program may also include activities designed to meet other community development needs having a particular
urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community
where other financial resources are not available to meet such needs. Additionally,the state's program is subject to
a federal requirement that not less than seventy percent(70%) of the aggregate amount of CDBG funds received by
the state shall be used for the support of activities that benefit persons of very low-, 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"), 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 Jodi Hartmann,an employee or agent of Contractor,who is hereby designated as the administrator-in-
charge of this Project. At any time the administrator-in-charge is not assigned to this Project, all work shall be
suspended until the Contractor assigns a mutually acceptable replacement administrator-in-charge and the State
receives notification of such replacement assignment.
3. Time of Performance. This Contract shall become effective upon proper execution of this Contract. The
Project contemplated herein shall commence as soon as practicable after the execution of this Contract and shall be
undertaken and performed in the sequence set forth in the attached Scope of Services. The Contractor agrees that
Page 1 of 14 Pages
time is of the essence in the performance of its obligations under this Contract, and that completion of the Project shall
occur not later than the termination date set forth in the Scope of Services.
4. Eligibility and National Objectives. All project activities shall be eligible under Section 105 of the Ad, as
amended, and all related regulations and requirements. Furthermore, project activities shall meet the following
indicated(with a"X")broad national objective(s),as set forth in Section 104(b)(3) of the Act, as amended, and all related
regulations and requirements:
XX Benefit persons of very low-, 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 very low-,
low-, and moderate-income persons, and the activities to be undertaken to meet such needs.
6. Definition of Very low-, Low- and Moderate-Income Persons. Very low-, low-, and moderate-income
persons are defined,for the purposes of this Contract, as:
XX Those persons who are members of very low-, low-, and moderate-income families as
set forth in Exhibit B,which is attached hereto and incorporated herein by reference, or
as subsequently promulgated in writing by the State, or
_ Those persons who have been determined by HUD, based upon data of the 1990
Census,to be very low-, low-, and moderate-income persons.
_ Those persons belonging to clientele groups who are generally presumed by HUD to
be principally very low-, low-, and moderate-income persons.
Not applicable to this project.
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 (CPP) which includes the six
elements specified in Section 104(a)(3)the Act. The CPP 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.
Page 2 of 14 Pages
8. Residential Antidisplacement and Relocation Assistance Plan. The Contractor shall follow a residential
antidisplacement and relocation assistance plan which, should displacement occur, provides that:
a) governmental agencies, non-and for-profit organizations, 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 State 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-income persons who occupied housing demolished
or converted to a use other than for low-. or moderate-income housing, including reimbursement for actual and
reasonable moving expenses,security deposits,credit checks,and other moving-related expenses; including any interim
living costs; and, in the case of displaced persons of low-and moderate-income, provided either:
i) compensation sufficient to ensure that, for a five-year (5-year) period, the displaced families
shall not bear, after relocation, a ratio of shelter costs to income that exceeds thirty percent
(30%); or
ti) if elected by a family, a lump-sum payment equal to the capitalized value of the benefits
available under subclause (i) to permit the household to secure participation in a housing
cooperative or mutual housing association;
d) Persons displaced shall be relocated into comparable replacement housing that is:
i) decent, safe, and sanitary;
ii) adequate in size to accommodate the occupants;
iii) functionally equivalent; and,
iv) in an area not subject to unreasonably adverse environmental conditions.
Persons displaced shall have the right to elect,as an alternative to the benefits under this paragraph,to receive benefits
under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, if such
persons determine that it is in their best interest to do so; and,where a claim for assistance under subparagraph (d) is
denied by the Contractor,the claimant may appeal to the State, and that the decision of the State shall be final unless
a court determines the decision was arbitrary and capricious.
The Contractor shall follow the Residential Antidisplacement and Relocation Assistance Plan except that paragraphs
a)and b)shall not apply in a case in which the Secretary of the U. S. Department of Housing and Urban Development
finds, on the basis of objective data, that there is available in the area an adequate supply of habitable affordable
housing for low-, and moderate-income persons. A determination under this paragraph is final and nonreviewable.
9. Affirmatively Furthering Fair Housing. The Contractor shall affirmatively further fair housing in addition to
conducting and administering its Project in conformity with the equal opportunity requirements of Title VI of the Civil
Rights Act of 1964 and the Fair Housing Act, as required herein.
10. Recovery of Capital Costs of Public Improvements. The Contractor shall not attempt to recover any capital
costs of public improvements assisted in whole or part with CDBG funds by assessing any amount against properties
owned and occupied by persons of very low-, low-,or 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
Page 3 of 14 Pages
b) for the purposes of assessing any amount against properties owned and occupied by persons of
moderate income who are not persons of very low- or 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 Five hundred fifty five thousand and No/00 Dollars
($555.000.00). The method and time of payment shall be made in accordance with the "Payment Schedule"set forth
herein in Exhibit A.
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 State's Financial Management Guide and the Financial Management Section of the State CDBG Guidebook.
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 State CDBG
program objectives, contractual terms, or reporting requirements.
c) The State may withhold the final payment 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 seq and the Single Audit Act of 1984, Pub. L. 98-502, and Federal and State implementing
rules and regulations. Such audit reports shall be simultaneously submitted to the Department and the State Auditor.
Thereafter,the Contractor shall supply the Department with copies of all correspondence from the State Auditor related
to the relevant audit report. If the audit reveals evidence of non-compliance with applicable requirements, the
Department reserves the right to institute compliance or other appropriate proceedings notwithstanding any other judicial
or administrative actions filed pursuant to C.R.S. 1973, 29-1-607 or 29-1-608.
15. Contractor,An Independent Contractor. Contractor shall be an independent Contractor and shall have
no authorization,express or implied,to bind the State to any agreements,settlements, liability or understanding except
as expressly set forth herein.
16. Personnel. The Contractor shall perform its duties hereunder as a Contractor and not as an employee.
Neither the Contractor nor any agent or employee of the Contractor shall be deemed to be an agent or employee of
the State. Contractor shall pay when due all required employment taxes and income tax withholding,shall provide and
keep in force worker's compensation (and show proof of such insurance) and unemployment compensation insurance
in the amounts required by law,and shall be solely responsible for the acts of the Contractor, its employees and agents.
The Contractor is responsible for providing Workman's Compensation Coverage and Unemployment
Compensation Coverage for all of its employees to the extent required by law, and for providing such coverage for
themselves. In no case is the State responsible for providing Workman's Compensation Coverage for any employees
or subcontractors of Contractor pursuant to this agreement, and Contractor agrees to indemnify the State for any costs
for which the State may be found liable in this regard.
Page 4 of 14 Pages
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. In accordance with 24 CFR Part 85.44,suspension or termination may occur
if the Contractor materially fails to comply with any term of the Contract, or, in the State's discretion,the Contract may
be terminated for convenience. If,through any cause,the Contractor shall fail to fulfill in a timely and proper manner
its 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 18.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, subparagraph 18.b) 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) Proarammatic or Budaetary Changes. This Contract has a simplified Change Letter Procedure for
modifying this Contract for the following reasons:
i) unless otherwise specified in the Scope of Services,when cumulative budgetary line
item changes exceed Twenty Thousand Dollars ($20,000.00);
ii) when any budget transfers to or between administration budgetary categories are
proposed;
Page 5 of 14 Pages
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proposed;
iii) when the scope,objective or completion date of the Project changes as determined by
the Department;
iv) when additional or less State funding is needed;
v) when there are additional federal statutory or regulatory compliance changes to
paragraph 23 of the Original Contract.
Under such circumstances, the Department's approval is not binding until memorialized in a fully executed
Change Letter as specified in subparagraph c).
c) Change Letter Process. Contractor must submit a written request to the Department if
programmatic or budgetary modifications are desired. Paragraph 11, Compensation and Method of Payment;
Paragraph 23,Compliance with Applicable Laws;and Exhibit A,Scope of Services, may be modified by Change
Letters (in the form attached hereto as Exhibit C), signed by the State and the Contractor. Upon proper
execution and approval,such Change Letter shall become an amendment to the Contract, effective on the sate
specified in the Letter. No such Change Letter shall be valid until approved by the State Controller or such
assistant as he may designate. All other modifications to this Contract must be accomplished through
amendment to the contract pursuant to fiscal rules and in accordance with subparagraph 19.d.
d) Other Modifications. If either the State or the Contractor desires to modify the terms of this
Contract other than as set forth in subparagraphs b) and c) 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.
Any amendment required per this subparagraph will require the approval of other state agencies appropriate,
e.g. Attorney General, State Controller, etc.
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 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 Reporting Section of the State
CDBG Guidebook.
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 in the Reporting Section and Close-Out Section of the State CDBG Guidebook.
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 of 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
Page 6 of 14 Pages
agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they
have family or business ties,during their tenure for one year thereafter.
i) Persons Covered. The conflict of interest provisions of this subparagraph 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 Contractors 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
i)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 weighted 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
Page 7 of 14 Pages
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. Floodolain Management, May 24, 1977 (42 FR 26951 et seq.)
prohibits undertaking certain activities in floodplains unless it has been determined that there is no practical
alternative, in which case notice of the action must be provided and the action must be designed or modified
to minimize potential damage.
f) Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et seq.)
requiring review of all actions proposed to be located in or appreciably affecting a wetland. Undertaking or
assisting new construction located in wetlands must be avoided unless it is determined that there is no practical
alternative to such construction and that the proposed action includes all practical measures to minimize
potential damage.
g) Safe Drinking Water Act of 1974 (42 USC 201, 300f 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 effect
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) Flood Disaster Protection Act of 1973 (42 USC 4001), placing restrictions on eligibility and
acquisition and construction in areas identified as having special flood hazards.
I) 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.
m) 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 CRF 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 procedure
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.
n) 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 CRF Part 42), providing
Page 8 of 14 Pages
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 of 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.
o) 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- and
moderate-income dwelling units that are demolished or converted to another use as a direct result of the use
of CDBG funds, and which provides for relocation assistance for low- and moderate-income households so
displaced.
p) Davis-Bacon Fair Labor Standards Act (40 USC 276A -276a-5) requiring that, on all
contracts and subcontracts which exceed$2,000 for federally-assisted construction, alteration or rehabilitation,
laborers and mechanics employed by contractors or subcontractors shall be paid wages at rates not less than
those prevailing on similar construction in the locality as determined by the Secretary of Labor. (This
requirement applies to the rehabilitation of residential property only if such property is designed for use of eight
or more units.) The requirements set forth in this subparagraph are inapplicable to individuals who volunteer
their services under circumstances set forth in 24 CFR Part 70.
Assistance shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the
services of, or fund any subcontractor or subrecipient during any period of debarment, suspension, or
placement in ineligibility status under the provisions of 24 CFR Part 24.
q) 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.
r) 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.
s) 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.
t) Unless otherwise provided for in Exhibit A, Scope of Services,this contract is subject to the
following: Section 3 of the Housing and Community Development Act of 1968 (12 U.S.C. 1701 (u)), as
amended.
i) The work to be performed under this contract is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701
(u) (Section 3). The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD-assisted projects
covered by Section 3,shall,to the greatest extent feasible, be directed to very low-and
low-income persons, particularly persons who are recipients of HUD assistance for
housing.
ii) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135,
which implement Section 3. As evidenced by their execution of this contract,the parties
to this contract certify that they are under no contractual or other impediment that would
prevent them from complying with the Part 135 regulations.
iii) The Contractor agrees to send to each labor organization or representative of workers
with which the Contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers'
representative of the Contractor's commitments under this Section 3 clause, and will
post copies of the notice in conspicuous places at the work site where both employees
and applicants for training and employment positions can see the notice. The notice
shall describe the Section 3 preference, shall set forth minimum number and job titles
Page 9 of 14 Pages
subject to hire,availability of apprenticeship and training positions,the qualifications for
each; and the name and location of the persons) taking applications for each of the
positions; and the anticipated date the work shall begin.
iv) The Contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR Part 135 ((Paragraph 23 t)i) -23 t)vii) of this
contract)),and agrees to take appropriate action, as provided in an applicable provision
of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is
in violation of the regulations in 24 CFR Part 135. The Contractor will not subcontract
with any subcontractor where the Contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR Part 135.
v) The Contractor will certify that any vacant employment positions, including training
positions,that are filled (1) after the Contractor is selected but before the contract is
executed, and (2)with persons other than those to whom the regulations of 24 CFR
Part 135 require employment opportunities to be directed,were not filled to circumvent
the Contractor's obligations under 24 CFR Part 135.
vi) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.
vii) With respect to work performed in connection with Section 3 covered Indian housing
assistance,Section 7(b)of the Indian Self-Determination and Education Assistance Act
(25 U.S.C.450e)also applies to the work to be performed under this contract. Section
7(b) requires that to the greatest extent feasible (i) preference and opportunities for
training and employment shall be given to Indians, and (ii) preference in the award of
contracts and subcontracts shall be given to Indian organizations, and Indian-owned
Economic Enterprises. Parties to this contract that are subject to the provisions of
Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent
feasible, but not in derogation of compliance with Section 7(b).
u) 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.
v) Title IV of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 USC 2000 (d)) prohibiting
discrimination on the basis of race, color, and incorporates laws prohibiting age or handicap or religious
affiliation, or national origin discrimination in any program or activity receiving federal financial assistance.
w) 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.
x) Executive Order 11246 (1965), as amended by Executive Orders 11375 and 12086,
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.
y) 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.
z) 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 for participation (including
employment), denied program benefits or subjected to discrimination under any program or activity receiving
federal funds.
aa) 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.
ab) Fire Administration Authorization Act of 1992 (P.L. 102-522), prohibiting the use of housing
assistance in connection with certain assisted and insured properties, unless various protection and safety
standards are met.
Page 10 of 14 Pages
ac) Excessive Force. In accordance with Section 519 of Public Law 101-144, the HUD
Appropriations Act, 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 non-violent civil rights demonstrations; and has adopted and is
enforcing a policy of enforcing applicable State and local laws against physically barring entrance to or exist
from a facility or location which is the subject of such non-violent civil rights demonstration within its jurisdiction.
ad) Lobbying. The Contractor assures and certified that:
i) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency,a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
federal contract, the making of a federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan or cooperative
agreement.
ii) If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an offer or employee of any agency,
a Member of Congress, an officer or employee of congress, or an employee of a
Member of Congress in connection with this federally funded contract,grant, loan, or
cooperative agreement,it shall complete and submit Standard Form-LLL,"Disclosure
Form to Report Lobbying",in accordance with its instructions.
iii) It shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants,loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
iv) 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,USC. Any person who fails to file the required certification shall
be subject to a civil penalty of not less than$10,000.00 and not more than $100,000.00
for each such failure.
24. Monitoring and Evaluation. The State will monitor and evaluate the Contractor for compliance with
the terms of the contract, and the rules, regulations, requirements and guidelines which the State has
promulgated or may promulgate, including the State CDBG Guidebook. The Contractor may also be subject
to monitoring and evaluation by the U.S. Department of Housing and Urban Development.
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 nor as waiver of a subsequent breach of
the same 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 Govemor of Colorado involving non-discrimination on the basis of race,
color, religion,national origin,age, handicap or sex. In compliance with Paragraph 5 of the Special Provisions
Page 11 of 14 Pages
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 to the State as provided herein in the event of such
failure to perform or comply by the Contractor or its subcontractors.
Page 12 of 14 Pages
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision
is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2 Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted and otherwise
made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection, repair,maintenance,or improvement of any building,
road,bridge,viaduct,tunnel,excavation or other public work for this State,the contractor shall,before entering upon the performance of any such work included
in this contract,duly execute and deliver to the State official who will sign the contract,a good and sufficient bond or other acceptable surety to be approved by said
official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate
surety,conditioned upon the faithful performance of the contract and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any labor,
materials,team hire,sustenance,provisions,provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
contracted to be done or fails to pay any person who supplies rental machinery,tools,or equipment in the prosecution of the work the surety will pay the same in
an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per annum. Unless such bond is executed,delivered
and filed, no claim in favor of the contractor arising under such contract shall be audited,allowed or paid. A certified or cashier's check or a bank money order
payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106.
INDEMNIFICATION
4. To the extent authorized by law,the contractor shall indemnify,save and hold harmless the State,its employees and agents,against any and all claims,
damages,liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor,or its employees,
agents,subcontractors,or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,as amended,and other applicable law respecting
discrimination and unfair employment practice(CRS 24-34-402),and as required by Executive Order,Equal Opportunity and Affirmative Action,dated April 16,
1975. Pursuant thereto,the following provisions shall be contained in all State contracts or sub-contracts.
During the performance of this contract,the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin,sex,marital status,religion,
ancestry,mental or physical handicap,or age. The contractor will take affirmative action to insure that applicants are employed,and that employees are treated during
employment,without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment, upgrading,
demotion,or transfer,recruitment or recruitment advertisings;layoffs or terminations;rates of pay or other forms of compensation;and selection for training,including
appaticeship. The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be provided by the contracting
officer setting forth provisions of this non-discrimination clause.
(b) The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive
consideration for employment without regard to race,creed,color,national origin,sex,marital status,religion,ancestry,mental or physical handicap,or age.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understand-
ing,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractors commitment under the Executive Order,
Equal Opportunity and Affirmative Action,dated April 16, 1975,and of the rules,regulations,and relevant Orders of the Governor.
(d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 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.
(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization.or expel any such individual
from rr rteshg in such labor organization or dsaiminate against any of its members in the full enjoyment of work opportunity,because of race,creed,color,sex,national
origin,or ancestry.
(f) A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be discriminatory
or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder;or attempt either directly or indirectly,to commit any
act defined in this contract to be discriminatory.
Form 6-AC-028
Revised 1/93
395-53-01-1022
Page 13 of 14 Pages
(g) In the event of the contractors non-compliance with the non-discrimination clauses of this contract or with any such rules,regulations,or orders,this contract
may be canceled, 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,or by rules,regulations or orders promulgated in accordance
therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity and Affirmative Action
of April 16, 1975,or by rules,regulations or orders promulgated in accordance therewith,or as otherwise provided by law.
(h) The Contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor purchase order unless exempted by rules,
regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions will be binding upon
each subcontractor or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct,
as a means of enforcing such provisions,including sanctions for noncompliance;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 CRS 8-17-101 8 102 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.
b. When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from
a state or foreign catty equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is determined by the officer
responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available orwould otherwise
be inconsistent with requirenti,As of Federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the moneys or to eliminate the
Inconsistency with Federal requirements(CRS 8-19-101 and 102).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution,and enforcement of this
contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which
is otherwise in conflict with said laws,rules,and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference
which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,
defense,or otherwise. Any provision rendered null and void by the operation of this provision will not 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. Pursuant to CRS 24-30-202.4(as amended),the state controller may withhold debts owed to state agencies under the vendor offset intercept system for:(a)
unpaid child support debt or child support arrearages;(b)unpaid balance of tax,accrued interest,or other charges specified in Article 22,Title 39,CRS;(c)unpaid
loans due to the student loan division of the department of higher education;(d)owed amounts required to be paid to the unemployment compensation fund;and(e)
other unpaid debts owing to the state or any agency thereof,the amount of which is found to be owing as a result of final agency determination or reduced to judgement
as certified by the controller.
10.The signatories aver that they are familiar with CRS 18-8-301,et.seq.,(Bribery and Corrupt Influences)and CRS 18-8-401,et.seq.,(Abuse of Public Office),
and that no violation of such provisions is present.
11. The signatories aver that to their knowledge,no state employee has any personal or beneficial interest whatsoever in the service or property described herein:
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
Contractor:
(Full Legal Name) WELD COUNTY BONRD OF COMMISSIONERS STATE OF COLORADO
/.L_,//'`• ROY R,GOVE
Constance L. Harbert (01/26/98) By
For the EXECU IVE IREC R(ACTING), Jerry.3m11}1
Position(Title) Chairman,Weld County Board of Commissoners
846000813 I�7f V.
sae.]Se
curity Number o,Federal ID Number 1" DEPARTMENT
OF Local Affairs
(If Corporation:)
Attest(Seal) tt
► r i %iii �'
r
By / a 11
C�fDeputy Clerk
to the Board APPROVALS
PRE-APPROVEDFd"'!'6� '•• VIEWER STATE CONTROLLER
g
Clifford W. Hall By BY _
Jaime nneZ Rose Ma uteri‘
Form 6-AC- �C
Revised 7/97
395-53-01-1030 Page 14 which is the last of 14 Pages
Exhibit A
Scope of Services
EXHIBIT A
SCOPE OF SERVICES
1. PROJECT DESCRIPTION,OBJECTIVES,AND REQUIREMENTS
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 and retention which addresses the CDBG program objective of benefit to very low-, low-,
and moderate-income persons in Weld and Larimer Counties with the lead county designated as Weld County and
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 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 generally shall not exceed industry standards unless it is appropriate. Business and technical assistance
may also extend to business assistance offered under a locally developed and state approved microenterprise
lending program.
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. Microenterprise assistance may not require the same proportion of leverage as required by the
established revolving loan fund program. The Office of Business Development recognizes that utilization of the
microenterprise program may make the Contractor's leveraging goals unattainable. To the extent that CDBG funds
are utilized to provide assistance to microenterprises, Contractor's leveraging requirements shall be reduced on
a pro-rata basis.
3. Economic Development Action Partnership, Inc., as subgrantee of the Contractor, is a qualifying nonprofit
organization serving the development needs of Weld and Larimer Counties under Section 105(a)(15) of the Housing
and Community Development Act of 1974. 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,interest earned and proceeds form the sale of acquired assets shall be considered to be miscellaneous
income. All miscellaneous income shall be retained by the subgrantee and used to continue the operation of the
revolving loan fund. Miscellaneous income loses its federal identity and is not required to meet federal and state
program requirements.
4. Neither the Contractor nor assisted business(es)shall eam interest on advances of CDBG funds. Draw down
of funds shall be requested on an as-needed basis.
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. Project
descriptions and a financial analysis will be provided to the state for review and approval (in a format prescribed by
the state)and to verify that the Project is appropriate prior to processing requests for advances or reimbursements.
Upon request from the state and mutual agreement with Contractor, Contractor may act as the administrator for
state funded projects located in Contractor's project area. Business and technical assistance provided under the
locally approved microenterprise program shall be submitted for state review and approval (in a format prescribed
by the state).
6. Interest rates charged to borrowers on the CDBG portion of loans shall be no greater than the prime interest
rate as stated by New York Prime as published in the Wall Street Journal at the time of loan commitment, excluding
any processing or service charge imposed on the borrower by the Contractor. Interest rates charged for
microenterprise loans shall conform to locally approved microenterprise program policies and procedures.
Page 1 of 5 Pages
7. The Contractor shall encourage financial institutions participating in a CDBG-assisted project to charge the
assisted business a rate comparable to other business loans in 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. Fees charged for the microenterprise program must conform to locally approved
microenterprise program policies and procedures.
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 Business 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 Business Development upon execution. Specific loan documentation shall be reviewed during a
monitoring visit conducted by the Office of Business Development.
13. An advisory committee which is representative of public and private economic development organizations,
businesses and/or local governments in the area served by the Project shall review policies and criteria, and shall
directly or through an appointed subcommittee 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.
15. Contractor shall administer this contract in conformance with the state's 1996 Guidebook for Direct
Economic Development Projects and Revolving Loan Funds as distributed by the Office of Business
Development and as revised periodically.
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 Five Hundred Fifty Five
Thousand Dollars($555,000.00).
2. Contractor shall be required to seek leveraged 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 Business Development,the Contractor will be responsible for ensuring
that at least One Million Forty Four Thousand Six Hundred Dollars ($1,044,600.00)from the participating banks,
agencies, and investors are committed to this Project during the term of this Contract. The Office of Business
Development recognizes that utilization of the microenterprise program may make this leverage criteria
unattainable. To the extent that CDBG funds are utilized to provide assistance to microenterprises, Contractor's
contract leveraging shall be reduced on a pro-rata basis.
In addition, Contractor and other sources (as described in Special Provision 3.a. of Exhibit A, Scope of Services)
shall inject a minimum contribution of Sevety Six Thousand Three Hundred Dollars ($76,300.00) for the
Page 2 of 5 Pages
administration of the RLF.
3. Contractor agrees that funds provided as assistance to businesses shall be evidenced through legally binding
loan agreements that adhere to federal regulations.
4. The Contractor commits that at least twenty six and one half(26) full-time permanent jobs will be directly
created or retained through the provision of CDBG funds. At least fifty one percent (51%) of jobs created or
retained by each borrower must be filled by very low-, low-, and moderate-income persons. The Office of Business
Development recognizes that utilization of the microenterprise program may make this job creation criteria
unattainable. To the extent that CDBG funds are utilized to provide assistance to microenterprises, Contractor's
job creation/retention commitment may be reduced on a pro-rata basis.
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 Business Development for item(s)that shall be paid out of CDBG administrative funds.
7. The maximum amount of miscellaneous income applied toward administrative operation costs shall not
exceed Seventy Six Thousand Three Hundred Dollars ($76,300.00) during the initial term of the contract unless
prior written authorization is requested and granted by the Office of Business Development.
This project is X,is not_,subject to Section 3 Requirements that,to the greatest extent feasible, provides that
opportunities for training and employment or the awarding of contracts that arise this HUD-financed project, the
Contractor will give preference in the hiring to very low-, low-and moderate-income persons, and the Contractor
must give preference in contracting to businesses owned by these persons or that substantially employ very low-,
low-, and moderate-income persons in the project area. Compliance requirements are set forth in Paragraph 23
(t)within the main body of this Contract.
2. NATIONAL OBJECTIVE
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 very low-, and low-, and moderate-income persons must be achieved per project as well. In the event there is
any deviation from job creation, retention or very low/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 ebsts,a review by the Department of Local Affairs and/or Office of Business Development will be made
to determine the ability to close out this Contract.
3. TIME OF PERFORMANCE
The Project shall commence upon the full and proper execution of this Contract and the completion of the
appropriate environmental review,and shall be completed on or before twenty four(24) months of the effective date
of this Contract. However,the Project time of performance may be extended by letter, subject to mutual agreement
of the State and Contractor. To initiate this process, a written request shall be submitted to the State by the
Contractor at least thirty(30)days prior to the expiration of this Contract, and shall include a full justification for the
extension request. 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 the Office of Business Development and
Contractor mutually agree to de-obligate a portion of such funds.
Page 3 of 5 Pages
4. BUDGET
a. REVENUE
Community Development Block Grant Funds $555,000
Contractor/Other 76,300
Other Leveraged Funds(a minimum of) 1,044.600
TOTAL $1,675,900
b. EXPENDITURES
Other Funds
Line Item Total State CDBG (a minimum of) Source
Assistance to $1,566,900 $522,300 $1,044,600 Banks, Investors,
Private Other Lenders, etc.
Businesses
Local Match
Administration 109,000 32,700 76,300 Contractor/Miscellaneous
Income!
Revolved Funds/
Other
TOTAL $1,675,900 $555,000 $1,120,900
Funds from sources other than CDBG shall not be considered matching funds subject to federal audit requirements.
5. PAYMENT SCHEDULE
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.
6. CONTRACT MONITORING
The Contractor and Economic Development Action Partnership, Inc.shall allow Contractor and CDBG program
representatives shall make on-site visits to verify CDBG program information if reasonable notice has been provided
by the Office of Business Development.
The Colorado Office of Business Development shall monitor this Contract at least once during the Contract period
and as needed in accordance with the provisions set forth in Paragraph 24 within the main body of this Contract.
7. REPORTING SCHEDULE
The Contractor shall provide quarterly financial and program reports to the state's Office of Business Development
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 OBD 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. In the event more jobs are actually created/retained by assisted businesses as a
result of CDBG funds than originally committed, Contractor shall ensure that at least fifty-one percent(51%) of all
jobs created/retained (as a result of CDBG funds) are provided to very low-, low-, and moderate-income persons.
Within ninety (90) days after completion of the Project, the Contractor shall submit to the Department of Local
Affairs the Project Completion Report and Final Financial Status Report as required in the Close-Out Section of the
1996 Guidebook for Direct Economic Development Projects and Revolving Loan Funds, as revised
Page 4 of 5 Pages
periodically.
The Contractor shall provide updated Disclosure Reports as applicable to the Office of Business Development.
8. TRAINING
The Administrator for the Revolving Loan Fund will be required to attend all training seminars provided by OBD
unless a mutual agreement(between OBD and the Administrator) has been reached prior to the training seminar.
9. CONTRACT REQUIREMENTS
The Contractor shall submit all documentation required by this Contract, as applicable, to the Office of Business
Development except for the Audits required in Paragraph 14 within the main body of this Contract.
Page 5 of 5 Pages
Exhibit B
Definition of Very low-, Low-, and Moderate-Income
Families and Persons
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Exhibit C
Sample CDBG Contract Change Letter
EXHIBIT C
CDBG#
Rev. 3/96
CDBG CONTRACT CHANGE LETTER#_
THIS CONTRACT CHANGE LETTER NUMBER # , made this day of , 1996,
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
, 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 Number , Org. Unit , GBL , Contract Encumbrance
Number ; and
WHEREAS,this Change Letter modifies Contract# , Routing# ,dated
, and both the State and the Contractor are agreeable to this contract modification,
THEREFORE,this Contract is changed as follows:
Paragraph 11., Compensation and Method of Payments in the Original Contract is modified by deleting "_
Amount "and inserting in lieu thereof" Amount ".
Paragraph 23., Compliance with Applicable Laws in the Original Contract is modified by
"[deleting]/[adding]" and inserting in lieu thereof:
Exhibit A, Scope of Service, 1. Project Description, Objectives, and Requirements, is modified as follows:
{sentence to paragraph#}{paragraph after paragraph#}. [Add sentence/s, Delete sentence/s, Retype
Scope]
Exhibit A, Scope of Service, 2. National Objective, is modified as follows: [Retype sentence]
Exhibit A, Scope of Service, 3. Time of Performance, is modified by deleting " Date "and inserting in
lieu thereof" Date '.
Exhibit A, Scope of Service,4. Budget, is modified as follows: (Retype complete budget]
Exhibit A, Scope of Service, 5. Payment Schedule, is modified as follows: [Retype complete payment
schedule]
By affixing their signatures to this change letter, both the State and the Contractor expressly
acknowledge that all of the terms and conditions of the Original Contract remain unchanged except for those
terms and conditions modified by this Change Letter# and all previous changes. Both parties also
expressly understand that this Change Letter# is incorporated into the Original Contract.
This Contract Change Letter Number# is intended to be effective as of date , but in
no event shall it be deemed valid until it shall have been approved by the State Controller or such assistant as
he may designate.
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
Page 1 of 2 Pages
Contractor:
(Full Legal Name) STATE OF COLORADO
ROY ROMER, GOVERNOR
By
EXECUTIVE DIRECTOR,LARRY KALLENBERGER
Position (Title)
DEPARTMENT
Social Secunty Number or Federal I .Number OF LOCAL AFFAIRS
(If Corporation:)
Attest(Seal)
By
Corporate Secretary,or Equivalent,Town/County Clerk
APPROVALS
PRE-APPROVED FORM CONTRACT REVIEWER STATE CONTROLLER
Clifford W. Hall
By By
Rose Marie Auten
Page 2 of 2 Pages
Office of Business Development
1625 Broadway,Suite 1710
Denver,Colorado 80202
(303)892-3840
(303)892-3848 fax
.' .�� .Q� 1-800-659-2656 TDD
COLORADO
Governor
January 7, 1998
The Honorable George E. Baxter
Chair, Weld County Commissioners
915 - 10th Street
Greeley, Colorado 80631
Re: Weld County Revolving Loan Fund CDBG Contract #97-787
Dear Chairman Baxter:
It is my pleasure to inform you that the Governor's Financial Review Committee ("FRC")
has approved a Community Development Block Grant ("CDBG") award in the amount of
$555,000.00 to be utilized by the Weld/Larimer County Revolving Loan Fund for
continuation of the economic development activities of the RLF. All miscellaneous income
from this Contract shall be retained by the Weld/Larimer Revolving Loan Fund for its
continuing operations.
Enclosed is the Contract for your review. If it meets with your approval, please sign all four
contracts and have each amendment attested by the County Clerk or the person
equivalent to that position.
Please return all three contracts with original signatures to Karen Thorson, of my staff, so
that the contracts may be forwarded to DOLA for processing. Please do not date the
contract.
No expenses incurred before the contract is fully executed by all parties will be reimbursed
by the state. The release of funds process involves a thorough review of the project's
possible environmental impact and compliance with other federal regulations.
The Honorable Baxter
January 7, 1998
Page 2
Please call me at (303) 892-3840 if you have any questions or concerns. We look forward
to working with you and the RLF to the successful completion of this contract.
Sinc ely,
ai/M i Al V
ime G. Gomez, Director ,
finance and Business Develo ment Programs
Enclosures (3 original contracts)
cc: Senator Tom Norton, President of the Senate (without enclosures)
Senator Stan Matsunaka (without enclosures)
Senator Peggy Reeves (without enclosures)
Representative Bob Bacon (without enclosures)
Representative Steve Johnson (without enclosures)
Representative William G. "Bill" Kaufman (without enclosures)
Representative David T. "Dave" Owen (without enclosures)
Representative Steve Tool (without enclosures)
Representative Tambor Williams (without enclosures)
Larimer County Commissioners
Jodi Hartmann, RLF Administrator (with copy of the complete contract)
Bill Timmermeyer, DOLA (without enclosures)
Bonnie Kugler, DOLA (without enclosures)
Mary Cornish, DOLA (without enclosures)
File
9801.47.1
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aarn
-Ma=r
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REFLFY/V\'FL[)
MEMO
TO: Don Warden
FROM: Jodi Hartmann
DATE: 1/21/98
RE: CDBG CONTRACT SIGNATURES
Enclosed are your copy of the close-out letter for the old CDBG Contract and the new
CDBG Contract, in triplicate. Please have Connie Harbert and the Clerk to the Board sign
all three contracts. If your staff will call when they're ready,we'll come and pick them up.
THANKS!!
GREELEY/WELD ECONOMIC DE VELOPM ENT ACTION PARTNERSHIP,INC.
822 Seventh Street.Suite 550 Greeley.Colorado 80631
(970)356-4565•Fax 19701352 2436
bpp:/Iwww weldnet cnrn/edapr
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