HomeMy WebLinkAbout950270.tiffRESOLUTION
RE: APPROVE FIRST CONTRACT AMENDMENT FOR WELD/LARIMER REVOLVING LOAN
FUND WITH COLORADO DEPARTMENT OF LOCAL AFFAIRS AND AUTHORIZE
CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a First Contract Amendment for the
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 amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 First Contract Amendment for the 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 Chairman be, and hereby is, authorized
to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 27th day of February, A.D., 1995.
ATTEST:
Weld County Clerk to the Board
BY:
--Ail3/4
Deputy the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL QRAD
Dale K. Hall, Chairman
Fxr:i JSFn
Barbar J. Kirkmeyer, P o-Tem
Geor Baxter
Constance L. Harbert
W. H. Webster
4t7niiii)(Eari9) 3T
950270
FI0018
DEPARTMENT OR AGENCY NUMBER
NAA
CONTRACT' ROU'IING NUMBER
q 5 3D-3
CDBG 94-963
FIRST
CONTRACT
AMENDMENT
GRANT BUDGET LINE
t'3-1 s 1 IDLY -L3
THIS CONTRACT, made this day of 19 its by and
between the State of Colorado for the use and benefit of th Department of Local Affairs, 1313
Sherman Street, Denver, Colorado 80203, hereinafter referred to as the State, and Weld County,
Colorado, 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 CLD , Appropriation Code ).-1 J 1 a5 , Org. No. "F-i QS
Contract Encumbrance Number C 854963 And
WHEREAS, required approval, clearance and coordination has been accomplished from and
with appropriate agencies; and
WHEREAS, the State and the Contractor have previously entered into a Contract dated July
14, 1994, with Contract Routing Number 95057 Contract Encumbrance Number C 854963,
hereinafter referred to as the Original Contract, for the expenditure of Community Development
Block Grant ("CDBG") funds for a two -county Revolving Loan Fund ("RLF") program;
WHEREAS, Weld County has agreed to act as administrator for the state OBD, through its
subgrantee the Greeley/Weld Economic Development Action Partnership, for this contract;
WHEREAS, the Executive Director of the Department of Local Affairs of the State of
Colorado has determined it to be appropriate to approve a budget modification of CDBG funds
totalling One Hundred Thousand and No/100 Dollars ($100,000.00) in consideration of the RLF
funding an additional business assistance project(s); and
WHEREAS, the parties hereto now deem it necessary and desirable to amend the Original
Contract in order to reflect these changes in the Budget.
NOW THEREFORE it is hereby agreed that:
(Revised language will appear in bold type face)
1. Specific Provision 11, Page 5 of 18 Pages of the Original Contract shall be amended
to read as follows:
Page 1 of 5 pages
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 Three Hundred Seventy-five Thousand Dollars ($375,000).
The method and time of payment shall be in accordance with the "Payment Method"
set forth herein.
2. Specific Provision 1.b.1. on Page 3 of 6 pages of Exhibit A of the Original Contract
shall be amended to read as follows:
1. The CDBG contribution to the Project, exclusive of program income, shall
not exceed Three Hundred Seventy-five Thousand Dollars ($375,000.00).
3. Specific Provision 1.b.2. on Page 3 of 6 pages of Exhibit A of the Original Contract
shall be amended to read as follows:
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
$682,500 from the participating banks, agencies, and investors are committed
to this Project during the term of this Contract. In addition, Contractor and
other sources shall inject a minimum contribution of $35,000 for the
administration of the RLF.
4. Specific Provision 1.b.4. on Page 3 of 6 pages of Exhibit A of the Original Contract
shall be amended to read as follows:
4. The Contractor commits that at least thirty-seven (37) full-time permanent
jobs will be directly created or retained through the provision of CDBG
funds. The Contractor shall make all reasonable efforts to obtain a goal that
at least nineteen (19) full-time permanent positions of all jobs created are
filled by low- and moderate- income persons. At least fifty-one percent
(51%) of jobs created or retained by each borrower must be filled by low -
and moderate -income persons.
5. Specific Provision 1.b.7. on Page 4 of 6 pages of Exhibit A of the Original Contract
shall be added as follows:
Contractor shall administer this contract in conformance with the state's
Guidebook for Direct Economic Development Projects and Revolving Loan
Funds as distributed by the Office of Business Development and as updated
in writing as needed.
6. Specific Provisions 3.a. on Page 4 of 6 pages and 3.b. on Page 5 of 6 pages of Exhibit
A of the Original Contract shall be amended to read as follows:
Page 2 of 5 pages
3.Budget
a. REVENUE
Community Development Block Grant Funds
Contractor/Local Injection (a minimum of)
Other Leveraged Funds (a minimum of)
TOTAL
$375,000
$35,000
$682.500
$1,092,500
b. EXPENDITURES
State Other
Line Item Total CDBG Funds Sources
RLF Assistance to $1,032,500 $350,000 $682,500 Bank,
Private Businesses Investors,
Other Lenders
Administration* $60,000 $25,000 $35,000 Contractor
TOTALS $1,092,500 $375,000 $717,500
*The maximum amount of program income applied toward administrative operation costs
shall not exceed sixteen percent (16%) of the [original contract award alas program income
earned to date].
All other terms of the Original Contract shall remain in full force and effect.
Page 3 of 5 pages
CONTROLLER'S APPROVAL
SPECIAL PROVISIONS
I. 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 orconsumed 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-I06.
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 courtawards 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 la.v respecting
discrimination and unfair employment practices (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 he contained in all Srgte contracts or sub -contracts.
During the performance of this contract, the contractor agrees as follows:
la) 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 follow mg:
employment upgrading, demotion, or transfer, recruitment or recruitment advenisings: lay-offs or terminations; rates of pay or other forms of compensation: and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause.
(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
understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the
Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor.
(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.
(c) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual
from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race, creed, color,
sex, national origin, or ancestry.
(I) 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 obstructor prevent any person from complying with the provisions of this contractor 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 I/93
395-53-01-1022
pagel of pages
(g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders,
this contract may be 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 and the rules, regulations, or
orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,
Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise
provided by law.
(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 non-compliance; provided, however, that in the event the contractor
becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor
may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8-17-101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State arc undertaken hereunder and
are financed in whole or in part by State funds.
b. When a construction contract for a public project is m be awarded to a bidder, a resident bidder shall be allowed a preference against a non-resident bidder from
a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident. If it is 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 or would
otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to
eliminate the inconsistency with Federal requirements (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 extrajudicial body or person or wh tilt
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 defence, 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 ha.:
been or may hereafter be established.
9. The signatories aver that they are familiar with CRS 18-8-301, et. seq., (Bribery and Corrupt Influences) and CRS 18.8-40L et. Seq., (Abuse of Public Office).
and that no violation of such provisions is present.
1(1. 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 WELD COUNTY
BOARD OF COMMISSIONERS
(Full Legal Name)
Position (Title) CHAIRMAN
84-6000A13
If Corporation')
Attest
614:17
By 1/ a I� Y UX
cwx�peoXLL A h
au„tyei t t e ' oard
(2/2//95)
. EA NORTON
ATTORNEY YiLRMEY GENERAL
By
c- '-LNSURCI
t Attorney General
Form 6A02C at Legal Services
Revised 1/93 g
395-53-01-1030
STATE OF COLORADO
ROY R f. t ER, GOV
By
•S EXECUTIVE
0
DEPARTMENT
OF ,: ) 6-Ckei
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APPROVALS
CONTROLLER
By
Page` $ which is the last of 1 pages
•See instructions on reverse side.
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CW7:: (irzrnerREvOLVING LOAN FUND
P.O. Box S • Greeley, Colorado 80632 • (303) 356-4565 • FAX (303) 352-2436
Afund administered by grethy/Wa'Econonric Devedopnrent Action Partnership, Inc. SAP)
Memo
TO: Don Warden
FROM: Jodi Hartmann
DATE: 2/17/95
RE: RLF CDBG CONTRACT AMENDMENT
The attached contract amendments will amend our current contract to add an
additional $100,000 - enough to fund the Ideal Fencing loan we're working on.
I need Dale Hall's signature on all four copies. Please have your staff call me when
they're ready to be picked up.
Thanks for your assistance.
950270
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