HomeMy WebLinkAbout961258.tiff RESOLUTION
RE: APPROVE HOUSING REHABILITATION INTERGOVERNMENTAL AGREEMENT
WITH GREELEY URBAN RENEWAL AUTHORITY 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 Housing Rehabilitation
Intergovernmental Agreement between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Weld County Housing
Authority, and the Greeley Urban Renewal Authority, commencing September 1, 1996, and
ending August 31, 1997, with further terms and conditions being as stated in said agreement,
and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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, ex-officio Housing Authority Board, that the Housing Rehabilitation
Intergovernmental Agreement between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Weld County Housing
Authority, and the Greeley Urban Renewal Authority be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of July, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
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Constance L. Harbert
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961258
HA0016
HOUSING REHABILITATION INTER-GOVERNMENTAL AGREEMENT
ta
T S CONTRACT, made this gas day of
AA 1996 by and between Weld County Housing
Authori y, 6P.O. Box A, Greeley, Colorado 80632 hereinafter
referred to as "Weld County" and Greeley Urban Renewal Authority,
hereinafter referred to as "GURA", 1129 4th Street; Greeley,
Colorado 80631 .
WITNESSETH:
WHEREAS, the Weld County, administers a Housing
Rehabilitation Program from said certain funding sources; and
WHEREAS, Weld County is authorized to administer the State
of Colorado HOME program to conduct certain housing
rehabilitation activities; and
WHEREAS, the authority exists in the Law, and Funds have
been budgeted, appropriated and otherwise made available and a
sufficient unencumbered balance thereof remains available from
the National Affordable Housing Act of 1990 (NAHA) Public Law No.
101-625, Home Investment Partnership Program, hereinafter
referred to as the "HOME program" to conduct certain housing
rehabilitation activities; and
WHEREAS, GURA desires to voluntarily enter into an agreement
with Weld County to carry out certain administrative functions of
Weld County's Housing Rehabilitation program in accordance with
the requirements of said program and all applicable laws and
regulations; and
WHEREAS, required approval, clearance and coordination has
been accomplished from and with the Colorado Division of Housing;
NOW THEREFORE, GURA and Weld County do hereby agree,
covenant and promise as follows :
1 . Weld County agrees to reimburse GURA a total of $31, 000
for the period September 1, 1996 through August 31, 1997 for
conducting the following activities :
A. the development of all work descriptions
identified, by Weld County, for the housing
rehabilitation program, to include :
o the preparation of all drawings
relating to the project;
o the preparation of all work items
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961258
Housing Rehabilitation Inter-Governmental Agreement
Continued
o the preparation of all cost estimates
relating to the work description.
o the review and acceptance of the work
description by the family;
B . bidding of all projects identified by Weld County
for housing rehabilitation to include :
o the preparation and distribution of
all bidding documents ;
o advertising the project per State
•
requirements;
o the receipt of all bids from certified
contractors
o the review of all bids;
o the completion of all bid documents :
o the review of all bids with Weld
County and the property owner;
C. monitoring of all work specified in the work
descriptions, as prepared by GURA, to include :
o the enforcement of the work
description by conducting periodic
inspections of the project;
o the certification that payment
requests from the contractor
correlate with the work description.
D. certification of project completion to include :
o enforcement of punch list items;
o final inspection of the project with
the contractor and the owner.
o execution of the Certificate of
Completion by all parties .
E . the filing of all records and documents with Weld
County, relating to the housing rehabilitation
project .
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961255
Housing Rehabilitation Inter-Governmental Agreement
Continued
2 . Weld County shall have the right to inspect all projects
financed in whole or in part with funds provided by Weld County
and will inform GURA of any non-compliance issues as determined
by Weld County or the State, with respect to this agreement, but
will not issue any orders or instructions to any participating
owner relating to the work descriptions
3 . GURA shall ensure that contract documents pertaining to
the work, including blueprints and specifications, shall be
approved by the Weld County prior to signing by the contractor
and the property owner.
4 . Progress payments to contractors and homeowners shall be
issued by Weld County based on the following formula:
a. As work is completed, the contract amount
will be paid in proportion to the work
completed to that date .
b. The contract will be paid in full within 30
days of the date indicated on the Certificate
of Completion.
c . Payments may be issued only upon the
receipt of lien waivers from all contractors .
5 . GURA shall perform all tasks in accordance with all State
and Federal regulations which are currently in effect, as it
relates to the rehabilitation functions of the program.
6 , GURA shall furnish all records relating to the
rehabilitation of all properties, to Weld County upon completion
of the project .
7 . Billings for services performed by GURA pursuant to this
agreement shall be based on an equal amount of Two Thousand Five
Hundred and Eighty Three dollars ($2 , 583) , not to exceed $31 , 000,
submitted monthly by GURA to Weld County on a prescribed billing
form.
8 . This agreement is contingent upon receiving
administrative funding in an amount acceptable by Weld County
from the State of Colorado or other pertinent funding sources . In
the event that funds are not provided by the State, this Inter-
governmental Agreement shall become null and void. No portion of
this agreement shall be deemed to create an obligation on the
part the Weld County, to expend funds not appropriated in each
succeeding year.
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961258
Rehabilitation Inter-Governmental Agreement
Continued
9 . This agreement shall remain in effect until August 31 ,
1997 and shall be automatically renewed for successive twelve
month periods unless either party gives a notice of non-renewal
at least ninety days before the termination date . Each party may
terminate this agreement at any time by giving a ninety day
notice of its intent to terminate to the other party in writing.
10 . GURA acknowledges that it is an independent contractor
for the purpose of performing its duties pursuant to this
agreement . GURA agrees, on behalf of itself, its Board of
Directors, that its employees are not and shall not as a result
of their work towards the execution of this Agreement become
employees of Weld County and, therefore., are not entitled to any
employee benefits .
11 . Weld County, the Board of Commissioners of Weld County,
and the Weld County Housing Authority, officers and employees,
shall not be held liable for any injuries or damages caused by
negligent acts or omissions of GURA or its employees, volunteers,
or agents performing GURA duties as described in this contract .
GURT -sha l : nde n fy, ��, and held harmless Weld
t-he-per€ermans f th agraemer�t; b 6UP71, itg empls
voluntoc Q,ri rs, a�i agents. (�
12 . No portion of this agreement shall be deemed to
constitute a waiver of any immunities which the parties or their
officers or employees may possess, nor shall any portion of this
Agreement be deemed to have created a duty of care with respect
to any person not a party to this agreement .
13 . If any section, subsection, paragraph, sentence, clause,
or phrase of this agreement is for any reason held or decided to
be invalid or unconstitutional, such decision shall not affect
the validity of the remaining portions . Parties hereto declare
that they would have entered into this contract and each and
every section, subsection, paragraph, sentence, clause, and
phrase thereof irrespective of the fact that any one or more
sections, subsections, paragraphs, clauses, or phrases herein
might be declared unconstitutional or invalid, for any reason.
14 . GURA agrees that at any time during the term of this
Contract, Weld County, the State of Colorado or any pertinent
funding source may conduct a performance or financial audit of
GURA records pertaining to the administration of the Housing
Rehabilitation Program and GURA' s obligation under this Contract,
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961258
Housing Rehabilitation Inter-Governmental Agreement
Continued
provided that such audit is conducted at reasonable time and in
reasonable manner. GURA shall be responsible for remedying any
program and/or audit findings which are detected. In the event
that Program funds have been improperly applied, diverted or
otherwise used in violation of State or local laws or
regulations, GURA shall upon demand immediately pay such
improperly used amounts to Weld County.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals on the day and year first above written.
SEAL Gre ey Urban Renewal Au ority
De nis Mullholllland, Chairman
Attest- '"'.t CGL- cal
By:
Weld County Housing Authority
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Page 5 of 5
961258
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DEPARTMENT OF SOCIAL SERVICES
P.O. BOX A
GREELEY, COLORADO 80632
Administration and Public Assistance (970) 352-1551
Child Support(970) 352-6933
O Protecitve and Youth Services (970) 352-1923
Food Stamps (970) 356-3850
COLORADO Fax (970) 353-5215
TO: Barbara J. Kikmeyer, Chair, Board of County Comm'ssionersa
FROM: Judy Griego, Director, Department of Social Service (CI
SUBJECT: Housing Rehabilitation Inter-Governmental Agreeme t
DATE: July 18, 1996
As discussed at the Housing Authority Work Session of July 15, 1996, Greeley Urban Renewal
Authority has signed the Inter-Governmental Agreement which contracts housing rehabilitation
administrative functions to Greeley Urban Renewal. The IGA outlines those functions which are
contracted. Under terms of the Agreement Weld County Housing Authority agrees to reimburse
GURA a total of $31,000 for the period from September 1, 1996 thru August 31, 1997. The
Agreement is contingent upon receiving administrative funding in an acceptable amount of
administrative funding from the State. The Inter-Governmental Agreement, as well as the cover
letter from Greeley Urban Renewal Authority explaining the deletion of the last sentence of
Paragraph 11, which would have required GURA to hold harmless and defend Weld County for
any loss occasioned by or a result of the performance of this agreement by GURA, its
employees, volunteers and agents. The GURA Board and their attorney felt that this provision
was too broad. We discussed this deletion with the County Attorney and he has recomended that
the Agreement be approved as amended.
Staff is recommending Board approval of this Inter-Governmental Agreement.
961258
p GREELEY URBAN RENEWAL AUTHORITY
Clty 1129 4TH STREET, GREELEY, COLORADO 80631 (303) 350-9380
Greeley
July 18, 1996
Jim Sheehan, Director
Weld County Housing Authority
P. O. Box A
Greeley, CO 80632
Jim:
Enclosed are all three copies of the proposed Intergovernmental Agreement
that you forwarded to me last month.
The Board of the Greeley Urban Renewal Authority gave approval to the
document at their meeting of last Wednesday, July 10, 1996.
One change was made by the Board on the advice of the GURA Attorney. The
last sentence of Paragraph 11 of the Agreement has been deleted. The Board
and the Attorney felt very strongly that the sentence was overly broad and
that in no way should GURA agree to hold harmless and defend Weld County
from some unknown potential conflict when, in fact, it is Weld County asking
GURA to provide these services in order to assure more funds and assistance
for its citizens.
The Board agrees to not hold Weld County liable for injuries or damages
caused by GURA employees. The Board refused to go farther than that.
If you or your Committees have any questions on this change, please feel
free to call me. If the contract is acceptable in this form, please return
one executed copy to us.
Si cerely,
rank J. Paquette
Administrator
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Enclosures
961258
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