Loading...
HomeMy WebLinkAbout971216.tiffRESOLUTION RE: APPROVE DOWN PAYMENT ASSISTANCE CONTRACT WITH COLORADO DEPARTMENT OF LOCAL AFFAIRS AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with the Down Payment Assistance Contract 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 Colorado Department of Local Affairs, commencing upon the full and proper execution of said contract, and ending June 30, 1998, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Down Payment Assistance Contract 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 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 any necessary documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of June, A.D., 1997. ATTEST: Weld Coun BY: eputy Cle APPROVED AS TO FM y Actorey BOARD OF COUNTY COMMISSIONERS WELD, OUNTY, COLORADO Dale K. Hall EXCUSED Barbara J. Kirkmeyer ster (7: SS�Sj 971216 SS0023 CDBG #97-759 Rev 4/1/96 DEPARTMENT OR AGENCY NAA CONTRACT RWTING NUMBER CONTRACT THIS CONTRACT, made this l'fL day ofaufi, 1997, by and between the State of Colorado for the use and benefit of the Department_ of Loc Affairs, 1313 Sherman Street. Denver. Colorado 80203 hereinafter referred to as the State, and Weld County Board of Commissioners, Post Office 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 /00 Appropriation Code Number 1/ "1 Org. Unit FDJi-4 ,GBL I (, 4"! , Contract Encumbrance Number 1-}SC'n8, 97 °7S9 and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the United States Govemment, 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 Jim Sheehan an employee or agent of Contractor, who is hereby designated as the administrator -in - charge of this Project. At any time the administrator -in -charge is not assigned to this Project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator -in -charge and the State receives notification of such replacement assignment. Page 1 of 14 Pages 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 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 Obiectives. All project activities shall be eligible under Section 105 of the Act, as amended, and all related regulations and requirements. Furthermore, project activities shall meet the following indicated (with 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: X 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: X 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 Page 2 of 14 Pages 971216 during the course of the Project to allow citizens to review and comment on the Contractor's performance in carrying out the Project. 8. Residential Antidisplacement and Relocation Assistance Plan. The Contractor shall follow a residential antidisplacement and relocation assistance plan which, should displacement occur, 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 ii) if elected by a family, a lump -sum payment equal to the capitalized value of the benefits available under subclause (i) to permit the household to secure participation in a housing cooperative or mutual housing association; d) Persons displaced shall be relocated into comparable replacement housing that is: i) decent, safe, and sanitary; ii) adequate in size to accommodate the occupants; Hi) 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 971216 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 One Hundred Five Thousand Six Hundred and NO/100 Dollars ($105.600). 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 Performanoe Report information. 14. AS. 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 Govemment Audit Law, C.R.S. 1973, 29-1-601, S seg 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 971216 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. My such required modifications shall be incorporated into and be part of this Contract as if fully set forth herein. b) Programmatic or Budgetary Changes. This Contract has a simplified Change Letter Procedure for modifying this Contract for the following reasons: i) unless otherwise specified E 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 971216 Hi) 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), 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 date 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 procur t 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 Solved. 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 Page 6 of 14 Pages 971216 a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure 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 Reauirements 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 it the affected person has withdrawn from his or her functions or responsibilities, or the decision -making process with respect to the specific CDBG-assisted activity in question; and b) An opinion of the Contractor's attomey 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 ii) above, the State shall consider the cumulative effect of the following factors, where applicable: a) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the Project which would otherwise not be available; b) Whether an opportunity was provided for open competitive bidding or negotiation; c) Whether the person affected is a member of a group or class of low- or moderate -income persons intended to be beneficiaries of the CDBG-assisted activity, and the exception will permit such person to receive generally the same benefits as are being made available or provided to the group or class; d) Whether the interest or benefit was present before the affected person was in a position as described in this subparagraph b); e) Whether undue hardship will result either to the Contractor or the person affected when weighted against the public interest served by avoiding the prohibited conflict; and f) Any other relevant considerations. Page 7 of 14 Pages 971216 23. Compliance with Applicable Laws. At all times during the performance of this Contract, the Contractor and any subcontractors shall strictly adhere to all applicable Federal and State laws, orders, and all applicable standards, regulations, interpretations or guidelines issued pursuant thereto. The applicable Federal laws and regulations include: a) National Environmental Policy Act of 1969 (42 USC 4321 et seq.), as amended, and the implementing regulations of HUD (24 CFR Part 58) and of the Council on Environmental Quality (40 CFR Parts 1500-1508) providing for establishment of national policy, goals, and procedures for protecting, restoring and enhancing environmental quality. b) National Historic Preservation Act of 1966 (16 USC 470 et seq.), as amended, requiring consideration of the effect of a project on any district, site, building, structure or object that is included in or eligible for inclusion in the National Register of Historic Places. c) Executive Order 11593. Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 FR 8921 et seq.), requiring that federally -funded projects contribute to the preservation and enhancement of sites, structures and objects of historical, architectural or archaeological significance. d) The Archaeological and Historical Data Preservation Act of 1974, amending the Reservoir Salvage Act of 1960 (16 USC 469 et seq.), providing for the preservation of historic and archaeological data that would be lost due to federally -funded development and construction activities. e) Executive Order 11988. Floodplain Management, May 24, 1977 (42 FR 26951 et seq.) prohibits undertaking certain activities in floodplains unless it has been determined that there is no practical altemative, 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 govemment 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. Page 8 of 14 Pages 971216 m) Uniform Relocation Assistance and Real Property Acauisition Policies Act of 1970 — Title II, 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 Acauisition Policies Act of 1970 — Title II, Uniform Relocation Assistance (Pub. L. 91-646 and implementing regulations at 24 CRF Part 42), providing for fair and equitable treatment of all persons displaced as a result of any federal or federally -assisted program. Relocation payments and assistance, last -resort housing replacement 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 Housina 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. Page 9 of 14 Pages 971216 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 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 sancitons, 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. Page 10 of 14 Pages 971216 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. 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. Page 11 of 14 Pages 971216 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 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 Govemor 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 Termg. 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. g:\dohcom\cd bglco ntract\boiler.wav Page 12 of 14 Pages 971216 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 adverfisings; 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 tabor 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 Govemor. (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 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. (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 -02B Revised 7/97 395-53-01-1022 Page 13 of 14 Pages 971216 (g) Infthe event of the contractor's non-complia,,ue with the non-discrimination clauses of this contract u, 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 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 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 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 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: WELD COUNTY BOARD OF COMMISSIONERS (Full Legal Name) Weld County, Colorado George E. Baxter Position (Yitle)Chair (If Corpo Attest (Se By d 06/25/97 Count Board of Commissioners PRE -AP f f9 ED CONTRACT REVIEWER By Form 6 -AC -02C Revised 7/97 395-53-01-1030 Board STATE OF COLORADO ROY 12 R, GO - • NOR. By FOR THE EXEC DEPARTMENT OF APPROVALS STATE CONTROLLER Rose Marie AGten Page 14 which is the last of 14 Pages Larry Kallenberger Local Affairs EXHIBIT A Scope of Services 971216 EXHIBIT A SCOPE OF SERVICES WELD COUNTY - #97-759 1. PROJECT DESCRIPTION, OBJECTIVES, AND REQUIREMENTS A. Weld County is establishing a home ownership assistance program that will include all of Weld County except the City of Greeley. Loans will be provided to at least 28 households with an average of $3,971 assistance per unit. The program will require participation in a home ownership training program that will be provided by the High Plans Development Corporation. CDBG funds will be used for down payment assistance and administration. B. CDBG funds will be used for down payment and closing cost assistance. This assistance must be in the form of a secured debt. The loan documents must include the amount of assistance, the principal residence requirement, and the resale provisions. C. This project is not subject to Section 3 Requirements. D. The Contractor shall comply with the administration requirements set forth in the 1996 Community Development Block Grant Guidebook, or such requirements as may be subsequently issued by the State. The Contractor shall be responsible for administration of the contract. E. Homebuyer Assistance Programs must have established policies which define the criteria and manner by which the program will be administered. 2. ELIGIBLE BENEFICIARIES. The prospective purchasing household must have a gross income that does not exceed eighty percent (80%) of the area median income. A listing of the incomes for all family sizes is attached as Exhibit B. The purchasing household must be low income at the time of the household initially occupies the property, or at the time the CDBG funds are invested, whichever is later. Verification of income eligibility is good for a period of six months. The purchasing household must occupy the property as a principal residence. The deed and the loan documents between the buyer and seller should incorporate this requirement and the requirement that subleases are only allowed with written approval by the State. 3. NATIONAL OBJECTIVE. This project meets the national objective of benefit to low and moderate income persons as required in §570.483(b)(3). 4. AFFORDABILITY REQUIREMENTS. To ensure that the funds will continue to provide down payment assistance to low income families the loan must be structured to ensure the funds are recaptured upon repayment of the loan or the transfer of ownership. 5. PROPERTY STANDARDS. A. Health and Safety Defects. Before property transfer, the house must be inspected for health and safety defects. The prospective purchaser must be notified of the work needed to cure defects and the time frame which it will take to complete the repairs. 6. 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 June 30, 1998. 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 June 30, 1998, and shall include a full justification for the extension request. Page 1 of 2 Pages 97121.6 7. BUDGET Project Activities Total Project CDBG Other Funds Costs Funds Amount Source Down payment assistance Administration $111,200 $97,200 $10,000 4,000 CARHOF WCHA 9,400 8,400 1,000 WCHA TOTAL $120,600 $105,600 $15,000 Funds from sources other than CDBG shall not be considered matching funds subject to federal audit requirements. 8. PAYMENT SCHEDULE $100,320 Interim Payment -Paid upon receipt and approval of written requests from the Contractor for funds to meet immediate cash needs. $ 5,280 Final Payment -Paid upon substantial completion of the Project, provided that the Contractor has submitted and the Department of Local Affairs, Division of Housing has accepted all required quarterly Financial Status Reports and Performance Report information. $105,600 TOTAL Payments shall be made in accordance with the provisions set forth in Paragraph 13 within the main body of this Contract. 9. CONTRACT MONITORING. The Colorado Department of Local Affairs, Division of Housing shall monitor this Contract in accordance with the provisions set forth in Paragraph 24 within the main body of this Contract. 10. REPORTING SCHEDULE. The Contractor shall provide quarterly financial and performance reports to the Department of Local Affairs, Division of Housing in accordance with the provisions set forth in Paragraph 21 within the main body of this Contract, and 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 State CDBG Guidebook. 11. PROGRAM INCOME. This project will generate program income. It is the intention of the State that the program income will be used in the following manner. All revenues received by the Contractor or designated sub -grantee which result directly from a CDBG-assisted activity shall be considered program income. Program income includes, but is not limited to, principal and interest payments and proceeds from the sale of acquired assets. All program income is subject to all CDBG requirements, and must be reported quarterly to the State. Program income shall be retained by the contractor or designated sub -grantee, and shall be used to continue CDBG-eligible housing activities. A minimum of 80% of the program income funds shall be expended on CDBG eligible housing assistance activities and up to 20% may be applied toward administrative costs of the CDBG eligible activity. To the extent possible, program income shall be expended prior to requesting any additional funds from the State. 12. INTEREST. The Contractor shall expend the CDBG funds within fifteen (15) days of receipt and shall not earn interest on the funds prior to expenditure. Page 2 of 2 Pages 97121.6 EXHIBIT B Definition of Moderate, Low and Very Low Income Households and Persons 971216 C 0 a m c 0 0- m n c 0 N a CD 0 0 CL Lc) 0 0- a m 0 m C m 0- (V 0 a Type of Family C 0 U 0 0 0 0 001010 4 CONN N CO CO m - IC 4 CO 0000 LO In 1D 0 CD m 0 4 01040 U)40) N 0000 ID 0 In 0 O m'm In m m m- O 0 0 0 O to c O 10 co n N In CD N 0 0 0 0 In LO. 10 0 CO CD mm 001010 4 m N 0000 0000 4 CO 0 4 CO CO N O CO o00 co 1nto 00)a a to co N0) CONN 0000 to0100 a 0 m In CI m 0 4 m N r m N N 0000 O 001 1n LC) CO a a m N IN OD 4 CO N 0 0 0 0 LO 0 0 0 0 N CO C) 0144 m N N 0 0 0 0 0 0 m m CO CD ▪ CO - 0) 01 NN O O O O m O O o 4 0 N m 0 CO 0 Cm) N r O O CO () m e m O M 0 a` co toEm ' U 0 m m C O o m Eo o C m j o3-'' c E o E to v c 3 > m O `y i i J > ADAMS COUNTY ID 00 100 to co 0 00N')mCO r M N r t0 10 00 0 n o a N N 00 0 0 0 n op ID m 4 CO rm N 0 0 0 0 LO m 010 CD N mCI r N r r m 0 M 0 0 001 100 E m 0 m C O EtOE 0 0 3 E U 0 O I O O E C J m E 3 ? c mm a -J 0 Ts 0 3 w m m O 2 2J J W ALAMOSA COUNTY 0 0 O 0 001010 a LO N IN IN M m r I n 4 0) N 0000 ID 1n In 0 0)004 01 0 4 0 ID4CON 100100 0 N0 CO to CI 0000 010inm 010 CO IN N m 0) IN 4 M N 0000 0 0 1n 1n m co a a 0)NN CD 4 M N O 0 O 0 in 0 O 0 m N m • 0) CONNr- 00 00 1010 CO a Cl m N N 1000 0 0 00LO 0) mr M N r 0 a m 0 0 m m O E E U • - c c m ` O m 0 ii ARAPAHOE COUNTY 0 M 0 m o E O O m c 0 3 J 032' U m c ° E m m J J W 10 O 110ID 00 CCOmm 0 0 In LO amN 0 0 0 0 0000 4 CO 0 4 CO CO 4 4 M N N m- 0 0 0 0 0 0 LO LO m m a4 10 CD N VI CO N N O 000 to to 0 0 a o m CO 1110N V) N N ton ton too m 0 m 0) 0 o m m 4 m N O 000 0000 a m 0 a m m a m N N in in in O 0 01 0 0 m tole m as aN a ON' inaaN 0000 0000 a CO 0 4 CO CO 44 M N N m- O 0 0 0 0000 O 0 in 1n m m a4 in 0 Nr CO N N 00 10 0 0 4 0 0) 10 CO m 0 CV Cm) N N O 0 0 0 IS) 0 100 0 1D 10 0 CO m r 0 0)m m- 01 N r r m N r r.- O 0 0 0 m m 0 0 CO m 4 4 N 0 N0 N N O 0 0 0 m m 0 0 CO m 4 4 (NI N r N o n o 0 0 w In 010144 1n ON 0) Cm) N N 0000 1001010 m m m N Cm) LO IN N 10 4 m N O 0 0 0 ID 0 0 0 4 CD LO CO O N 10.- 10 4 m N Ion ton o 0 o 10 ton o CO 0 10 O N M N N 0 CO 0 m n Cr) mm a m m 10n 0 1 1 00 0 0 0 0 0n 0)N 01 CD 0) m 0Nm- 0 O O O to m O O m m a4 n o N 0 N N m IN CO M M CD 0 CO a m 0) 0 0 0 0 LO m m ID m m O m IN 0 CO m N 0 0 0 0 0 0 O o 0 0 0 0 0 10 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N CO 01 0 n CO 01 0 ▪ n co m o m m N• mrcr)0 Nrrm Nmr0 CLn • 4')NNr 0 0 0 0 LC) m m 0 CO N If) r CO 'm N 0 0 O 0 IX) m m CO N LO O CO CO N r m 0 0 0 m m 10 CO N m r CO ^ CO N 0 0 0 0 III m 0 0 Cr m 4 0 O m rN CO N N o 0 ON to N N CO m m e N *° * CD 0 0 0 CO') * a°0 m * am ▪ a *' o am coO1n E 0 Ion E COion E 0 ton E „ 0 0 0 • 0 0 • 0 0 mm e 01 m e m m c 01 m C m E co E 3 m E co E 3 0 E co E 0 E co E E 0 8 O E o • 0 0 E o' 0 3 0 E o' 03 0 O C m C J O C m C J OCIDC J O C m C J S m o 3 = m o 3 = m o > = m o - c `C C030.4E c m 2 -oJ E c m 2 -o., E c co o c 3 o v v 3Z- d a-0 3, m v a 3, m v v 3> I- 0) o m m o m m o m 01 0 m i i 31>r; W 5 m J> W 223>L11 23>W ARCHULETA COUNTY BACA COUNTY BENT COUNTY >- I- 2 O CC w O -J 0 0971216 C 0 O 0 a CO 0 0 0 0 01010 0 CO m in co 0 0 to e M N 0 0 0 0 101000 CD emN a CO N `- 0 0 0 0 0100to co a me a CO CO CD oCOr 0 0 0 0 101010 0 CO CO u) CO 00 1040 e CON 0 0 0 0 10 i0 t0 0 m co W CO 00 to to CI' CON O 0 0 0 IS) 10 m m m 10 M 0010 to e CO N 0 0 0 0 m O W 0 CO 0 10 CO 001040 e M N 0 0 0 0 I m O 0 CO m ID CO 00)010 e M N 0 0 0 0 0 0010 e 10 N N N CO m 10 e M N C O 0 0 0- C 0 0 0 CL CO C 0 N 0 ID C O 0 a C O M C 0 In `0 a N C N a Type of Family C 0 0 CJ 0 0 0 0 0 0 0 0 e CO 0 Cr m CO e 1- M NN 0 0 0 0 0 010 m m as 10 m N M N N 0 0 0 0 0 10 0 0 e O m LO M 10 0 CO N N 0 0 0 0 O 0 m 0 N - m 0 M N r r O 0 O O O 10 0 0 CO CO e Cl N 0 N0 NN 0 0 0 0 40 0 m 10 0 10 Ne CO LO N Tr CON r 0 0 0 0 IU 10 1n N a LO N COCO CI) Cr N N CI' 0 0 0 0 to 0100 ID e CO N CD N N CO N N 0 0 0 0 W W to CO M rCO LO e N M NN r 0 0 0 0 W 1010 0 e CO 0 it OCO CN W 0 0 0 0 10 0 1n 1n CO N O) M 'Cr M CO 0 0 0 0 10 0 0 m M LO rN M N N CO e M N 0 0 0 0 10 0 0 0 CO N N r 0 0 10 m e M N 0 0 0 0 1n 0 1n 0 CO 0 M 0 N m M e M N N r O p 0 0 0 O 0 0 OD N 0 m CO L0 CO N N 0 0 0 0 0 0 0 0 0 0 0 10000 1n 0 00 0000 N m W O ONO)m e N N e m^ M N O CO 0 m N m r N m NNee NN r 0 0 0 0 0 0 0 0 e m 0 e CO N N 0 0 0 0 001010 CO mee 10 m N CO CONN N 0 0 0 0 10 10 0 0 a 0 m 10 CO 10 0 N M N N 0 0 0 0 LQi00 0 COmCD - M N r r 0 0 0 0 LC) LO 00 CO NON O N N 0 0 0 0 0 0 0 0 TS CO 0 e m CO e CONN N 0 0 0 0 O O m 10 m CO Cr a 10 0 N M CONN N •- 0 0 0 0 10 10 0 0 a 0 0) 10 CONN N r 0 0 0 0 1n 0 in 0 CO 0 Nim' C M N r r 0 0 0 0 104000 N 0 N 0 0 0 0 0 0 0 0 V' CO 0 e m CO e e M NN r 0 0 0 0 00 1010 OD m ee 10 m N CO CONN N O 0 0 0 40 in 00 Tr 0 m 1n M 10 0 N CO NN r O 0 0 0 0 0 1n 0 O CO • COO M ) CD M N r r 0 0 0 0 10100 0 CO CO e I- N 0 N0 N N 0 0 0 0 0 0 0 0 ee0e m CO e e CONN N 0 0 0 0 0 0 10 10 OD CO Tr1- 100 N M M N N 0 0 0 0 to 1n 0 0 e o m to CO t O O N CO N N •t- 0 0 0 0 1n 0 m 0 CD N CO m 0 COO M N r r 0 0 0 0 1010 00 CO 03 •ct NONr OOD O I O N N NNee 0 0 0 0 0 0 0 0 e CO 0 e CO CO tf CON N - 0 0 0 0 0 010 10 CO m 11 NE m m N CO CONN N 0 0 0 0 10 10 0 0 e 0 CO 0 CO 10 0 N M N N 0 0 0 0 10 0 10 0 m N CO to 0 CO CI) CO N r r 0 0 0 0 10 10 0 CD CO 0 a in a MN O 0 0 0 100100 e N co o m r 0) 1n CO CO 0 0 0 0 O 1n 10 1n 0 1n co N N 10 0) N e CO N 0 0 0 0 O 01010 LC) CO Cr 11I CO N N m e CO N te 1 0 1010 0 0 10000 0 CO mme CO a Ch CO N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 40 0 0 0 10 0 0 0 0 0 0 10 0 0 0 10 0 0 0 0 010 10 N tO N CD LO Nm1nm N C LC) 11) NCOmm 000940 e 0L0 e m W M em 101" em mN em LLD a mrlh N r r m N r r m N r r m N''0) N r r m M N N r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LO 1n 1n 0 0 1n 0 0 10 0 1n O 1n 1n 10 O 1n 10 to 0 10 10 In 0 1n 10 1n O to to to 00 1n O O O CONtO _ 03 La rmMm mNb_ CONN r mNto NNN _ mN W NO m M M N e m m m r m CO ON ft r CO M r r m o') — m M r O CO m N r r N r r m N r r m N r r m N r r m N r r m N r r CO N r r m C) N r r 00 0 0 e N N CO e e * b S m CO 0) 0 2' e e' * e. 0 m 1On E 0 Om too E m ID E 0 0 0 0 0 0 o c m o O s m E m E- m E m E- m E co E— E U U E 8p U E U U 00 O C O C J O C O _C J O C O C J a 0 o 3 �' S 0 o 3> Soo 3> 'El '0 3 ≥m v o >E ' CO Et 3 ≥E 2 2 J>w 2 2 J> W 2 E J> W CHAFFEE COUNTY CHEYENNE COUNTY CLEAR CREEK COUNTY 0 0 0 0 0 0 0 0 N CO m N N CO N N 0 e N N N be * CO * CO e 10 *. CO C0) 0 0 0 C0 0 o d o O® o 0 m o o m O O 0 o m o 0 co E o e E m 1n E £ Inc £ 10 m 10 E ao a i $ �o 000 C 00 0 C O O O C O o O C 0000 0000 m omo3 °10co o3 001Do3 0o1D o3 0o1po1:00'E 0oCOo3 E U U o E U U o E U U o E 0' U 0 E U 0 E U O o 0 CO O C O C J O O C _lc O C O 0 J o C O C J O C O C O C 0 C J U- E- U- EU— E— U- E U— E— U— E— ,• m, 0 3 �' 5 0 0 3 �' C« 0 3? 0 3 S o 0 3 �' d o;? W mS J E W m= J o 10 `m ") m O `y J m 1U `m = J N - J m ca 3 >« is 3 rte, va 3 ≥22 'va 3 > ba 3 ?� 'va 3 >« O O m X O O O co X o 0 0 O X O O O O 1,4,_ O O O O X 0 0 0 N X 2 E J i W 2 E J> W J% W J% W J% W J% W CONEJOS COUNTY COSTILLA COUNTY CROWLEY COUNTY CUSTER COUNTY DELTA COUNTY >- 0 U CC W Z W 0 971216 C O N 0 m O 0 0 0 1010 In 0 CO CO In C) 0 0 In to In N 0 0 0 0 0 0 10 1O 4 10 N N nCIm r 1n O CO N 0 0 0 0 0101n 1n et Ord n m0)m 1n a C)N 0 0 0 0 10 10 10 0 O 0 1O 1O N m N 0) 10 CO 0 0 0 0 0 1O 10 0 0 000)0) n 1O m n el N 0 0 0 0 u) 10100 m 10 1O C) 0 0 10 co 10 N V C 0 0 0 0 1O 0 0 0 C) N N 0 et C) T. CO it C) N 0 0 0 0 1O 0 0 0 N O In N 1O 17a 0 1O 7 M N 0 0 0 0 1000 in it CO M CO CO 0 CO 100.- C CO N 0- C O m o. 10 C O d d 1 C O N d C) C d a N C O 0 a Type of Family C C 0 O U 0 0 0 0 O 0 0 0 CO • m as 0) N N r 0 0 0 0 0 0 1O 1O 010) 4 1O 0 N CO • N N r O 0 0 0 10 10 0 R o O) 1O 0 10 0 N CON N 4- 0 0 0 0 1O 0 1O 0 0) N 0 0 0 N0) C N r r O 0 0 0 1010 00 CO m O N O N O N N 1 0 0 1O 0 O CO 1O It N mr r m 0 0 0 0 101010 0 0)mO4 �n1 mN 0 0 0 0 10 0 1O 0 ▪ N CO 0 O co r O) LOCO CO r 0 0 0 0 10 0 10 1O 0) r N0 C)4 CD 1O V C) N 0 0 0 0 10 10 0 0 0 04 It 0-- 40 1O 0 CO N 0 10 10 10 0 0 0 0 N 1mm� NCNO) ✓ CO N r R C) CO O O O O 0 0 1O 1O 1O 0) 1- 1 N N NCO O CO N 0 0 0 0 10 0 0 0 •- CO n CO m m a 441 CO N N 00 00 1 1 1O 10 CO CO N _ CO CONN N r 10• 1010 100 00 O m N1n_ 70 N' cl 03 N r m m N L.7 0 0 0 0 0 10 1O 10 1.O 1n m n C)ill mn V Co) N r 0 0 0 0 1O 0 0 0 O N0 COCOO CO C)C) N r 00 10 10 00 10 00 0 11 0 mm 10C) 0) 04 CO m C0 0 10 V CO 10 10 a N N V CO N 0 0 0 0 10 0 0 1O n CO m 1O It CO n O O N O 001 0 0 0 1n 0000 N r CO 10 O C) N 0 0 0 0 10 10 1O 10 O LC) Cn CD m a it CONN N r O 0 0 0 0 0 0 0 100N CO 10 m N CONN N 0 0 0 0 10 0 0 0 co a N N I0 CO n m it CO CO et C) mr '- CONN N r 01 N r .- 0 0 0 0 10 0 10 1O O m n M N N 0 0 0 0 0 0 10 10 m n N C) n O N O N N 0 0 0 0 O 0 1O 10 O 1O N C4.) N r m CO a 0)N r 10 0• 010/0 0 m as CONN N 0 0 0 0 1O 1O 1O 1O N r 10 1O 10 n N N CON N r 0 0 0 0 0000 10 O V N N V 0 CON N O 0 0 0 O 0 0 1O O N m m CO0 N N co 0 O CO 0 m 0 10 CO LO N 0000 O CO 0 4 COCO* O CO N N 0 0 0 0 001010 C0 fn O O 10 10 N C) CONN N r 100 10 0 0 4 0 0) 1O C) 1O O N C N N r 0 0 0 0 1O O 1O 0 m N CO CO 0.COCO C N r r 0 0 0 0 1O 1O 0 0 N o n 0 N N r r 10 • IO 10 00 10 N O m rm10 et CON 0 0 0 0 10 0 10 m N C) 10 0 0 O 7 C) N N r 0 0 0 0 0 0 0 0 N N N m CD N N CO CONN N r O 0 0 0 O 0 0 0 CO N 0 10 CO 1O r N CON N r 0 0 0 0 10 1O 0 0 N 0 CO CI O N CO CO N r O 1001 010010 10 0 10 10 m 00 0 e t m^ m CO N 10 0 N N N N 0 0 0 0 0 0 10 10 0 0 v r m N m 1O CO CO 0 0 0 0 1O O 10 0 1O a N N CO 10 0 m 7 0 0 01/0/0 00 10 N m N m 1.00000 I' N N O 0 0 0 1O 1O 1O 1O OD CO r m CO 1O O C) N O 0 0 0 10 10 10 0 m N 10 n m a 0) N N r O 0 0 0 10 10 0 0 a 0 0) 10 C)1O ON CON N 0 0 0 0 1O O 1O 1O 1O r et 0 1O it CO O 0 N O 0 0 0 O 000 00 CO CI N r (0 1O et C) N r 0 0 0 0 1O m 0 1O ON mm 0 CO v Ct CON N r 0 0 0 0 0 0 1O O Nin T. O N N C) CONN N r O 0 0 0 1011)1011) O 07 0 CO CO Q O N CONN N e- 0 0 0 0 0 0 1O 0 a 0 CO 0 m N m r N N r 0 0 0 0 0 0 0 0 0 0 0 0 0 10 10 100 0 0 0 0 0 10 0 10 0 10 10° m N 1O O 10 10 10 1 COMM m n O O 0 ✓ C CO m^^m m CO 1010'0 N m N m NNr N O O 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 m CO M N CO 0 0 CO O) COLI) 1O m et CO O m it 0 0 0 0 0 0 0 0 0 C) 0) CO CO CO CO C) CO N O O d 00 O m 00 0 O° o O d 0 0° o e m 0 0 10 O O m a0 m 10 E m 1O E m 10 m O E m 10 E m 10 E CO 1O E m 1O E m ,00E0 * .8 , ao , (oi , *, , u , ae , u , a° , o , .Q , 0 O 0 woo C 00 CO C 00 m C m O m C m O d C m o d o Co 0 10_ 00 O_ O 0 0 C m E m E m E m E m E m E 0 E 10 E coE co E d E m E m E 10 E m E m E m E m E o O 3 0 0 3 0 0 0 0 3 0 0 3 O o , o E o O o E o d 0 E o O, E o 0 o E o O o E o O o E$ 10) 0 E$ o p E$ O 00 O C d C J 00,14C., d C J O C d C J 0001.C. O C d C J O C d C J O C 0 C J O C 0 C J O c O C J o— E o— E— o— E— d— E —o— E' O— E— o— E— o— E— °— E m o 3 - c d o 3> 0003> c o 0 3 r c d o 3 2' c2 o 3 ; c« O 3 �' : d o Z' I d o 3 >' C`� J W C _ J d c3 m C m a J W C A_C J d C 6 V J d C d -C J d C m V J d t0d d E m E d E m E d E m E m E m E dE d o 3> •`• A-. o 3 T o 0 3 m m o 3 0 €v- ` OrC m o 3 -0-0 3 -0-0 .`. re, -11,' 3 •`• 25 J i W 22_, % IL id l J i W f l J i W .C L J >w 2 2 J i W f l J% W 22_,>w 23>w DOLORES COUNTY DOUGLAS COUNTY EAGLE COUNTY ELBERT COUNTY EL PASO COUNTY FREMONT COUNTY GARFIELD COUNTY ILPIN COUNTY ND COUNTY 971216 0 0 h 0000 to to to 0 00 100 to a m N 0000 00 in oomin a m N 0 0 0 0 0 0 1n W 4 in N N Ana CO NI 0 0 0 0 to to to 0 0 fD 0 Co a m in 0 N 0 0 0 0 0tn N0 00 0 M 0 0 0 in 4 Co N 0000 to 000 0 0 O m a M '- 0000 O O O 0 a 0 o 0 a 0 r. a Co N co 0 m 0- 0 N a O 0 0 0 - ID N a a c m m M m a N C m a O Type of Family T C 0 O U 0 0 0 0 0 0 0 in N CO CO N N 0 a m N 0 0 0 0 In in W to 0 IN 0 CO ▪ o W to a M N 0 0 0 0 0000 CO CCO44 Co N N r ton 00 too 0 IN CO Co a W 0 N Co N N 0 0 0 0 0 0 0 0 e CO Ma0N CO N N 0 0 0 0 0000 CO 01 ) NOD 0 I - N N r r 0 0 0 0 0 to 0 0 Co O co a 0 0 0 a m N 0 0 0 0 O O W to CO N O CO ma M NN 0 0 0 0 0 0 0 0 M N I CO 0 IN N M N N 0 0 0 0 10 CO Co r O 0 mtn Co N N 0 0 0 0 0 0 O 0 Co 4 O IN ✓ CO 0 r Co N er 0000 n to 0 to ✓ Co CO 10 0 r N 0 N N 0 0 0 0 0 0 0 0 4 CO 0 a CO CO a 4 m N N 0 0 0 0 0 0 0 O 0) 0 a a in 0 N CO M N N 0 0 0 0 O O 0 0 4 0 0 O CO O 0 NI CoN Nw- 0 0 0 0 in 0 0 O 0 N Co 0 0 M O m N 0 0 0 0 O 0 0 0 0 CO a a IN 0 N 0 N N 0 0 0 8 O O O p 0 0 0 toCLO O n 00 in in 0 n000 10 in N 2 2 0 N CO r 0 N COin LC) 4 r- 0 0 0 p 04 ON 0) N tr CD CO 0 00in ID 00 0 0 O N co en N 0 0 0 0 0 0 0 0 0 a 0 0 a M N N 0 0 0 0 00100 mm 44 O ONO) M N N 0 0 0 0 O O O O a 0 0 CO 0 O N m N N 0 0 O 0 O N M 0 O Co 0) M N 0000 o to 0 0 0 CO a a N O N O N N O 0 0 0 N 0 O N a CO O 0 N 0 0 0 0 O 0 O 0 0 CO 0 a M O a O in a Co N 0 0 0 0 O 0 W 0 aN0'- 0 CO r 0 to Co m 0 0 0 0 O 0 O O 01n0n n 0 m in a M N 0 0 0 0 0 0 O 0 10 0) a a Co N N 0 a M N 0 0 0 0 t0000 r 0 IN CO 0) 0 a M N N 0 0 0 W 0 Co 0) a 0 m Co N N O (00NUl 00 00 4ONton m CO 0 O M 0 r N r r m N r r 0 0 0 0 0 0 0 0 4 CO 0 4 CO 0 4 M N N O 0 0 0 0 O L n O 0) 0 a a O 0 N CO CO N N 0 0 0 0 O 0 0 0 a 0 0 0 CO 0 0 N M N N 0 0 0 0 0 0 0 0 4 CO 0 4 CO CO a a M N N r 0 0 0 0 000 to m m a a In In N m m N N 0 0 0 0 0 O 0 0 4 0O In CO in Co N N 0 0 10 0 0 0 10 0 CD CV VI 0 ON CO tO 0 M 0' 0 CO 0 m N r r M N r r O 0 0 0 to to00 0 CO a a N 0 N 0 N N r r 0 0 0 0 O 0 0 O IN 0 O 4 CO In 10 N 0000 to 1n 0 0 CO 0 a a N 0 N 0 N N 0 0 0 0 0 0 0 0 4 OD CO CO a a M N N r 0 0 0 0 0 0 0 O 0 m a 4 O 0 N m N N 0 0 0 0 10000 a 0 m in Co 10 o CV Cr) N N 0 0 0 0 0 0 0 O O) N m CO o M 0 M N 0 0 0 0 to 1n 0 0 CO CO a a IN 0 N 0 N N r r 0 0 0 0 W W 0 0 CO IN CO CO N N 0 a m N 0 0 0 0 0 0 0 0 CO 0 O Co 0 0 O a m N 0 0 0 0 00 to to O O N N OD CO M` m N N 0 0 0 0 N a 0 N O 0 N Co N N 0 0 0 0 0 in 0 O IN IN CO CO r CO 0 r m N r ton 0 0 0 MO 0 0 0 0 0 0 r 0 n00 ▪ nCD O 00 N m N-- m N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 )n O O to to W 0 O 10 0 0 CO O N CV COm m 0 N N ln a C$ N N 0 N 0 N 0 N O 0 0 O 0 O O O O 0 0 0 On 100 0 N N 4N a O l 0 0 4 to Co CO CO 4 0 0 a 0 Co 0 N 0 0 0 0 0 Co Co p O m O O m 0 0 0 0 O m 0 O 0 O O m 0 0 m O O m 0 0 m 0 to r. m to E m 0 E DD to E 0 0 E 0 to E 0 to E 0 to E 0 to :le O• O O i 0 ,*' 0 '* d 0 m° m 0 0Q D c ' 0o ' C ' 0 m D ' 0' D 'm p m e m p m e m p o c m p m e m p m e mp m C m p m e m poO E0O o3 mo0 omo0 o3 O o0 om o0 o3mED0 o3 mo0 EDE00o3!ow:: o00E D' m D E D D D E D' m D E m' D D E o • D m E u' m DE D' mED'DmEO mOCmCJO L m CJ O C m C J O C m C J O C mCJ OC mCJ OCmCJOCet CJOC _mE — T coo3T coo� =m03≥' Co 03 - =$03—'' coo3ID d 5o�3m=.'.ccom CO q C J E Cm 0. J E m `m J m m m= J m m m T m 9 9 T d 9 9 T d 9 9 C T m 9 9 C >'m o O 0 o% o 90 0 ccr, m 90 `y X m O 0 m% O O 0 X m O d X m D m X m O D y X m O o 0 X i 2 J> in 2 2 J> W i i J> W 2 2 J> in J i a J% W J Lei, J% W22_:>, GUNNISON COUNTY HINSDALE COUNTY HUERFANO COUNTY JACKSON COUNTY JEFFERSON COUNTY KIOWA COUNTY KIT CARSON COUNTY LAKE COUNTY LA PLATA COUNTY 971216 C 0 a 0 C O 0 O . n C 0 N 0 0 - CD C 0) a 0 C M a C 0 N co C 0 0 N C 0 0 a Type of Family 0 0 0 0 • LC)00 m0 Can0 in a CO N 0 0 0 0 0 0 0 0 N (0 CO 0 0 N r 0 0 CO C 0 0 0 0 O 0 0 0 0) N CO CO 0 0 0 a C) N 0 0 0 0 000 in r N C CO CO NN0 a C) N 0 0 0 0 01n 010 0C) CO — 7 0 to in C)Ns- 0 0 0 0 in 0 0 0 a M N 0 n N CO CO N N 0 0 0 0 a N N M N N N 0 0 0 0 O 0 0 0 CO N N CO CO e N O NN 10 00 1 0 0 00 oin 10 1 o 00 0 0 0 C) CO CO 0 CO O CO a0N-- O 0 0 0 0 0 0 0 amoa 0 CO a C NN 0 0 0 0 0 0 0 to 0) 0 O a O 0 N C ) h NN r 0 0 0 0 O 0 0 0 sik CO 10n 0 N CO N N r 0 0 0 0 0 0 0 0 N CO 0 o C N r r 0 0 0 0 in 1n 0 0 coca* a r 0 N 0 N N O 00 00 0 N 0 141 a0i N m to• 000 0 N 0 0 in O r CO CO 0 N O 0 0 0 0 0 0 0 a ooa CO CO Is se C N N O 0 0 0 O 00 in m CO a a O CO N CO CO N N 01000 co 0 0 N C)NN- O 0 0 0 1n 0 00 MN CO CO • m. - C) N r r 0 0 0 0 O 0 0 0 O 00 as N 0 r o N N in000 N CO 0 N a CO 0 N 0000 0 N 0 0 in in 0 N 0 0 0 0 0 0 0 0 0 CO CO 0 CO 0 0 0 a C) N 0 0 0 0 0 0 0 0 a00a CO CO a ser CO N N 0 0 0 0 0 0 0 0 m01as 0 0 N CO CO N N r 0 0 0 0 0 0 0 0 COszt 0 Cr) to 0 0 N CO N N r 100100 01 N O Cn CO C N r 0 0 0 0 1n 0 00 O CO a a N 000 NNee in000 N (0 141 N N 0 ' N 0 ▪ 0 0 O 0 LO O N N r CO 0 0 0 0 0 0 0 0 0 0 0 0 M 00100 (1 CON. -- 0 0 0 0 0 0 0 0 a CO 0 a CO 0 a CO N N 0 0 0 0 0 0 0 0 0)0)aa 00 NC) CON N 0)10 00 Lo 0 sit 0m)n CO 0 ON C N N 0 0 0 0 0 0 0 0 00 0 CO O 0 0 Lil t CON 0 0 0 0 0 0 0 0 a CO 0 a 0 CO a s CO N N r 0 0 0 0 O 0 0 0 0)CI) 1 get O 0 NC) CO N N 0 0 0 0 0 0 0 0 CO 0 0 N CO N N r U, 01 0100 10010 O COm. 00 CO 0Co) 1 m (7 N r r co N r r 0 0 0 0 in 1n 0 0 00 CO a a n 0 N0 N N 0 0 0 0 N 0 0 .403 in N O O 0 0 O 0 0 0 LO O N r CO CO0 N 0 0 0 0 0000 0 CO a a N 0 N 0 N N O 0 0 0 O 0 0 0 0 0 0 0 'tCN°r 0 0 0 0 0 0 0 0 • 0 N 0 O N 0 0 *C)N 0 0 0 0 0 0 0 0 N CO 1 0 N CO in R N 0 0 0 0 in 000 0 0 0 CO O 0 0 U) a CO N 0 0 0 0 0 0 0 0 a CO 0 a CO N N r 0 0 0 0 0 0 0 0 O 0)a O 0 N CO CO N N O 1 1[ oo)0 10 0 00 0n N sit UN a 0 min O 0 a' co O ON C) N N CONN N s- 0 0 0 0 O 01n 1n ' M n 0 O n N CO CO N N r 0 0 0 0 0 0 0 141 N 0 a N N a 0 NI CO N N 0 0 0 0 O O 1n 0 0) CO 0 CO N r r 0 0 0 0 0 0 0 0 O maa n 0 N 0 N N 0 0 0 0 0 0 0 0 000 CO 0 0 0 a C) N 0 0 0 0 0 0 0 0 a CO 0 a N N N - 0 0 0 0 0 0 0 0 0 0 a a 0 0 N C) CO N N s- 0 0 0 0 O 0 0 0 a0min co 0 0 N CON N 0 0 0 0 O 0 0 0 0)N CO ' OC) 0) CO N r r 0 0 0 0 0000 CO CO a a N o N o N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0000 14100 1000 N 0 0 N 0 N 0 n 0 0 N N 0 0 in 0 0^ 0 0 x CO 0 a 0^ 0 a 0^ 0 N N N N N 0 0 0 O 0 0 0 O CO N 0 N 0 ' N 00 0 i0n 0 O r 0) 0 in m 0) N 1010100000 toto 0 N 0 O 0 N 0 0 N r 0 N n M 0 0 0 0 0 0 0 0 0 0 0 0) CO 0) CO 0 N CO O 0 a 0 N 0 0 CO 0 0 N o CO CO CO N a CO o CO a o a a m ≥ *▪ • • * *' a e' * o' • e a' o' 0 0 m o 0 m 0 0 0 0 0 0 0 m 0 O m 0 o m O 0 m 0 0 m 0 0 1 0 1 0 in c n E o E 1n E 0 1n0 E 0 141 E 0 1n E • 0 1n E 0 141 E •00 CD C CD O 0 C 00 m C m O m _C 00 m e m 0 m C m 0 0 c • m O m C 0 0 0 C O 0 co c 3 m o co d m c co E 3 - m Ern EE 3 m E o EE 3 m ELL:, E 3 m E 0 E 3 - m o W E0 3 m E 0 E E O' O 0 E o' m O E o o o E m' 0 0 E o' 0 0 E o' o o E o' m o E m v 0 E o m 0 O C CD C J O C m C J O C m C J O C m C J o C m C J O C O C J O C m C J O C m C J O C O C J m— E m— E_ 0_ E_ m— E— m— E_ 0_ E— cc) -0§i2- o— E— "— E • °a c m u c ms co u c m q c0i m c A o o m [ w 'O) O OD C w d c m u; v m 3 m ✓ v _o > m 'v a c m a v c m a a 3 m 'co i 3> E 0 3 T m 'o a 3, E v i 3 T d a a 3 T m m n O m% m o 0 m x m n Q m •JC m o 0 m j<'' m n 0 m K m o 0 N X m o 0 N% m o 0 N K m o o `m K 2 2 J J W i 2 J% W 2 2 J% W 2 2 J i W i i J i 1L 2 2 22_I>La 2 2 J i W i i J i W J> W LARIMER COUNTY LAS ANIMAS COUNTY LINCOLN COUNTY LOGAN COUNTY MESA COUNTY MINERAL COUNTY MOFFAT COUNTY MONTEZUMA COUNTY MONTROSE COUNTY 97121.6 C n 0 m C N 0- C 0 0 a in C 0 0 a C C 0 0 0- Type of Family > C U 0 0 n CO 0 0 0 0 it>0 0 0 0 m C N N W W in M W ^ 0 0 m LO C CO N CO) N O o 0 0 00 OM C In CO N m m l' CO N N 0000 0 0 0 0 CCoCO .1 01 CO N N - 0 0 0 0 0 0 0 0 In In In 0 CO CO 0 In CO N M01 M N N 0 0 0 0 0 0 W m CO N a In l' m —N CO N N O O m in m m C C in CO N CO CO N N 0 0 0 0 In in 0 0 C 0 m in CO MON CO N N 0 0 0 0 0 0 0 0 in 0 in 0 N CO CO m • CO 0) M N — 0 0 0 0 0 0 in 0 W C CO 0 N N — — • O O moo • o m mom N LO 0000 N W m O N W ^ W N 0 M o d m E 0 w o d d E W E o 3 O o d c m c E F. 00 d o d MORGAN COUNTY U) 0 In 0 N N M CO 0 M 0 — CO N — 0 0 0 0 LO m 0 0 CO N CO N 0 NN-- in 0 0000 N fn m N CO 0 0 0 Lo m m 0 W NW CO O— N — m 0000 in 0 M C O N CO N N W C M N 0 0 0 0 LC) in 0 0 N 0 0 W m C CO N 000LO 0 CO m Na CO N W C N M N m m 00 in N 0) W C O In Lb 0 M N 0 0 0 0 0 0 0 0 m m O in 0 m MN CO CO CO C CO N N 0 0 0 0 0 In in in l' m — N In W N CO N N 0 In m in W m C CO 03 CO N N 0 0 0 0 in 0 m m 0) m a in itICINCO CO N N 0 0 0 0 0 m 0 in CO W in CO N C 0 N M N N CO Of In l' CO C 0 N CO N N 0 0 0 0 0 0 0 0 10t0 0) l' N N W NCO- m N m— N N e — N N — LC) 00in 00 N CO l' m W OM m N m CO — m CD N ') In 0000 m N M O N ^ ^ m N O 0 LC) i• n0 ^ m N 0000 W W LO CO 0 0 m COIN 0 0 0 0 0 0 0 0 Cool' W CO C M N N 0 0 0 0 LO Cr) m a e CO1.0 N NN - 0 0 0 0 in in 0 0 a o m in CO in 0 CO N N 0 0 0 0 o) CO rom W in N 0 m 0 0 0 0 0 0 m 0 m in CO in C N in in l' N 0 0 0 0 0 0 0 0 C o m m W m l' N 0 0 0 0 in 0 0 in W in CO N 0 N 0) CO m C CO N LO 0 in 0 0 m m in m N CO W COMM m MN m.-- C CO CC•)N 0LC) 0 00 00 00 00 0 0 W CO C C N W 0 m n O N O N O 01 O) N N l' M M 0 • O O o n m m o l' CO m N -- 0) in 0000 W N m 0 — CO CO CO N 000500 In — M W N in mN CO CO N 0 0 0 0 0 m in in W N CO CO N 0 in in CO CO N 0 0 0 0 0 m m m W CO LO CO CO CO in CO OON. .Oin Nm- 0 0 0 0 0 0 0 0 C m O C OD CO C C C N N — 0 0 0 0 0 0 in In 0) m 'Cr C m W N CO CO N N 0 0 0 0 in in 0 0 C 0 m in CO in ON CO NN 0 0 0 0 in 0 In 0 O CON CO CD in 0 in 0 m N C W O CO CO .- 0) N — — 0 0 0 0 in in 0 0 CO CO C N 0 N 0 N N — — 0000 N W W e 03 in 0 0 0 0 0 0 0 0 C m O O CO C CO N N 0 0 0 0 0 0 in in 0) 0) C C 100 N CO CO N N 0 0 0 0 in in 0 0 CO 0 0 N CO N N — 00in in 00 CWCC N 0 N O N N O 0 0 0 in in 0 0 . moC W C m C M N 0 0 0 0 in in 0 m W N CO CO CO N N W C M N m 0 0 0 CO W m M 0 0 in in C CO N — 0 0 0 0 0 0 in in O m N N W W CO CO N N 0 0 0 0 0 0 0 0 N C ON LOC)NCO CO N N 0 0 0 0 0 m 0 in N N W W • CO m M N — 0 0 0 0 0 0 N. CO m m am^m o^o N N N 0000 0000 W N in 0in LO in CO N in co'-' N W N 0 0 0 0 in in 0 0 ict N In m O N 0 O O 0 O O O O o 0 co a co o CO 0 M * e ▪ e CO * n * M * CO e C e 0 0 CO0 0 CO 0 0 0 0 00 • 0 o o d o 0 d 0 0 o d 0 ow 0 0 E o ow o ow m m E m too? of co m rip co co 0 O o m n o co n o 0 0 0 0 d O d C CD O d C d 0 O C d 0 0 C 0 • 0 d C O 0 0 C 0 •0 O C d EW Ed 3 d. f m o 3 'DECIDE— o d E W E— d E W E— d E coE— d E W E— d E o E— E d O • d0 Enooo EO'oo E8'8o E8' 8g ES .8g ES .8g E8'8o 8 C E C J o C E C J 0 C E C J 0 C E c J V C E C J 0 C d C J 0 C d C J 0 C d C J c« 8 0 o c d 8 3 m coo 3 y c d o;? as o 3? C00>Ea C.110> co@ C J E c co C J m R 0= j 0 m m- j d Cd 0- J Cd 0= J m _ J N N- 23E d O o `d jI d o p m X d O p lay w K 00 Eno m colic 00 0 `d j( d O 0 m K d 0 `y K d O 3 y d J> W 2 2 J> W 2 i J> W 223>w 22 J> W 2 2 J> W 22 —i>co 22_c>6 OTERO COUNTY OURAY COUNTY PARK COUNTY PHILLIPS COUNTY PITKIN COUNTY PROWERS COUNTY 0 COUNTY >- F z 0 U 0 V z C CO CO LLI 971216 C w m C 0 m 0. C 0 m m a W C O d 0 a a C 0 d m a M c 0 N a N C N a Type of Family 0 0 0 O O M 0 0 0 0 to in too CO CO in M 0010 1n a M N 0 0 0 0 0 0 0 0 a CO 0 m CO as CO N N r 0 0 0 0 0 0 1n 1n m m a a 1O m N CO N N 0000 in 1n 0 0 it 0 CO 1n M i0 O N CO N N 0 0 0 0 1n o to o or> cx en to O co rn - M N r r O 0 0 0 in to 0 0 mmaa N 0 N 0 N N r r t O • 0 0 ° N co m a CO to m N 0 0 0 0 0100 o 1O M m m 1ON CO M 0) 0 0 0 0 010010 CO CD 0m a M M r 0 0 0 0 00100 CD a CO CO a M N r 0 000 0010 0 m N m N N m 0 a M N 0 0 0 0 1O 0 1O 0 NCO m 0) mmaa M N N 0000 00 tn0 CO CO CO 4 in m N CO CO N N r 0 0 0 0 LO N 10 0 CO 0 1n CO 00 to 1n a co N 0 0 0 0 0 0 0 0 a CO 0 a CO CO 4 4 CO N N 0 0 0 0 001010 m m a In CO N 01 M NN 0000 1.0 1n 0 0 a 0 CO W CO (0 0 N CONN N 0 0 0 0 1n 0100 CD NCO CD o CO m L- 01 N 0000 n 1n 0 0 CO CO 4 a N 0 N 0 N N r r 0 0 0 0 O 1n O 0 m 0 m CO 4 OCONr 0 0 0 0 0 0 0 0 a CO 000 CO a CO N N r 0 0 0 0 0010 1n m0) as ID m N CO N N 0000 0 1n 0 0 4 0 0) 10 CO 10 ON CO N N 0 0 0 0 n 0 tOO 0) N o CO CO `r CO N r 0000 1n In 0 0 CO CO 4 4 N 0 N0 N N r r 0 0 0 0 0 tOO lb - 1O CO N 1m044N 0 0 0 0 0 to 0 1n ✓ LOCO N N m CO M ED MN O 0 0 0 O 1.0 0 0 1n CO N i- ll, 4 CO N O 000 o m 0 1n ID m N a 0 CO 0 Ina MN O 0 0 0 0 to O 1n - 1O CO N 0 10 M M CO 0000 n 1n tO to 0nmw0 a M N 0 0 0 0 O 1n 10 0 CO m t000 0 0 1n tO 4 CO N 0 0 0 0 4044 CO CO a r CO N N 0 0 0 0 0010 O mm4 1n CO N CO CO N N . 0 0 0 0 1n 1n 0 0 CO i00N CO N N r 0 0 0 0 to O tO 0 01 N CO CD O CO 0) CO N r r 0000 Lo t0 0 0 CO m a a n 0 n 0 N N r r 0 0 0 0 0 1n 0 0 a amN- N 1O n N to 4 MN O O O O 1n o 0 1n m n m co CO 04 in O V CO N 0 00 0 1n 1n 0 1n *0 M m O m CO CO 10 CO CO 0000 0 0 0 0 0 N 0N _ m a M CO 0 0 0 0 0 0 0 0 10 a N N CO a CO N. a M N 0 0 0 0 1O 0 O 0 r 0 m m co r m)O CO CO N 0 0 0 0 1n0 tO to O) tO N N CO 0 CO 0 in a M N 0 0 0 0 0000 N 0 3 0 r0 to MMr 0 0 0 0 0 1n 1n 1n a to CON N1n m a M N 0000 1000 LO r CO 1n 4 CO 0- 4 CO N 0 0 0 0 0 1O 0 0 O CD 0 0 CO in aCON .- 0000 0000 CO m 0 CO CO N CO CO M NN r 0000 000 000 0000 000 0000 0000 0 1O 0 0 In 0 0 0 1n 0 0 0 1n 1O 1O 0 In 0 0 0 0 0 1n to 0 0 to 1O CO CO C0) Nm0 N CO ION 0 0 0 0 N m10N CIO m N N 10 a N M0) r a0NN a m 1oN O OI0I0 a co to a N N M N a ON CO N r r N r r M N r r m a M N r N r r m M N N r M N N 000 0 0 0 0 0 0 0 0 0 0 In 1n In 0 1n 1n O O 1n 4n In 0 In m 1n o CD N b 0 CO CO a a m N LC) O CD N tO D 0 m r C NON O r CO r N C° N N N m mCO^ r N m 0 O M e 00 m 1O E ' CD 0 m C • E co E 3 O c d c U c m c `°cE d `y a 3 m d O m J > W RIO GRANDE COUNTY o o 0 O O O 0 0 N CO CO N m N CO N 4 e N * CO * a 0 0 0 0 CO CO CO CO ee * d e* e m Q d * m 0 to E 0 to E 0 10o E coo to E o , o , o O 00.c m 0 m C d oo m _c m 0 m e m EmE3 0EmE; 0EmE; 0EmE3 E U' O O E D' d o E U' O O E m' d 0 O C EEO C J O C m C J OCCOCJ OC d C C d C J E C E G J E g q C J E 40 0, a J E v V0 , m av >E' 4ov 3" °-' of 3 o• 04 O 2 2 OE O CD 0 J> W 2 2 J> W 2 2 J> W 22 J> IL O 0 0 0 10 1000 ONO) i- l0 CO m CO CO N N r ✓ z O• U O CC SAGUACHE COUNTY SAN JUAN COUNTY SAN MIGUEL COUNTY 0 0 0 W m O CONED _O N - COOm 0 m d m E E v O C U c c F m a O 22 SEDGWICK COUNTY 0 CO 0 d on E 0 0 m co o3 o C J D o EC J m d J>W 0 0 a N to 0 0 t0 ID _ O a O N CO N N r 0 O M coo E O • o CD C • E co E E U U ; O C d C c °c3E d `d 0 0 3 d d O `m 2 i J > 0 0 to 0 0 0 0 0 m 0 0 ma0N m r N 0 CNINre 0 CO 0 0 000 DOE0 o U 00 CD E C E • o m 0 3 O C m C J • 7,E E 3 > C g E `m m V ;> d O d 223>W U Cr DU w fr 9712..6 C 0 m 0 C 0 m 6- 0 - ID C 0 N 0 a 0 C N 0 a C) C N 43 N C 0 a Type of Family C 0 V O 0 O 0) O O 0 0 an to to 0 0 N to N 0 0 O LO O CON O 0 0 0 O 0 0 0 C 0004 0)m O^ CON N O O 0 0 0 0 O in 0 0 a a LO CD N CO • N N 0 0 0 0 to to 00 't0 at LO COCOON CONN N O 0 0 0 O 0 tn0 ) N N CD O CI 0) N N 0 0 0 0 00 to to CD N N CO ✓ N N 0 ✓ O N e 0 0 0 0 to 00O 0) N CO CO 00 to to 7 01 N 0 0 0 0 to O to to 0) N 0 CO 0 M P) CO N N 0 0 0 0 0 O 0 O N N CO 0) COCONN CN - 0 0 0 0 LO to to O 0 t` CD P) 0) Q 0 N CONN N - O t0 t 0 0 1 t 0 0 0 o If) o N CO 0)N00 •- N N e e N N e e 0 0 0 0 to ID ID 0 O tD to P) C) C) to to O P N e 0 0 0 0 0 0 0 0 a CO 0 v 0) CO V v 0) N N 0 0 0 0 0 0 0 0 O 0 a O OD N N CO N N — 0 0 0 0 O to 00 a 0 0 O O O ON 0) N N .- 0 0 0 0 to o to O 0) N CO t0 O CO O) .- 7 N 0000 to O00 O 0*4 N O N O N N e — O 0000 0 O 03 LO O m O Cr O)ON OO CD70)ON N i-•- N e e- N e e O 000 LC) LC) t0 0 LO O tt0 t0 LO LO tto 0 CDNtoO '-lha t0 O NO O' .- m CO C7 N ^ CO to CO m N CO N 0 (O e e 0 E LO m E 0 u co E 0 0 3 O C O C J O 00 C F C E O 0 0 3 O O O 22J>w ›- 0 U Z O CD Z_ S N Q O O O O co O O O O cn m o e m E co E 0 • 0 ' p ' o ' 0 0 Eta 0 3 0 0 0 E0 3 o • C 0 C 0 0 0 0 0 J m o 3 �' Soo 3 r W m= J m CO 0= tal J m 9 C > a 0 3 o i 'L J> W 22 J> W WELD COUNTY YUMA COUNTY 971216 ELD COUNTY COMMUNITY DEVELOP 0 0 I. 3 0 Q d L .5 1±1 2 3 o ▪ U O 0 F m W � a O mE c 0 U 4 U m Q U a cis y I :2 I z -a• - 4• U 00 > 0 U 0 0 h � O • U 0 C ° C O 0 a▪ m o :C N y IS • 'g) C O U4 Continue to support activities of the Weld County Farm Labor Sponsoring Association. con U • N 5 0 tra 3 '°2 C �a a O N ,C O 2 • o .C • S 0 0. U ...5 'A C0 U a' 0 oP 0 N O 0 3 • 00 • .% U • z Support the construction of a facility for that will house Eldergarden program and the RVNA home health care program Submit a Community Development Block Grant application to the State for matching funding DEVELOPMENT & HOUSING O z La' 0 3 0 m •o c v o 3 ms 8 °' y g5m d O O co g 0 0 O • N y m ooat CO O 5 w .S C • 8 N aU Q'So Provide assistance to the homeless population. 0 0 w c0 .5 x � yo 56 `t p C C O 0•0= 0 .5 G O E °C a. g C aF.5 PUBLIC FACILITIES 0 W w 0 m co rn o ^ 47. c«.) w 0. p, Q c U I U O O o a Economic Development Signature of Chief Elected Offi H A 971216 HOME Investment Partnership Program APPLICANT STATEMENT OF ASSURANCES AND CERTIFICATIONS The applicant hereby assures and certifies that: (a) (1) It has developed its application, including its projected use of funds, so as to give maximum feasible priority to activities which will benefit low and moderate income persons. Furthermore, with respect to activities it claims benefit low and moderate income persons, it has determined and documented that not less than one hundred percent (100%) of the beneficiaries of the activity are low and moderate income persons in the case of homeownership projects and ninety percent (90%) of the beneficiaries of the activity are low income persons in the case of rental projects; (b) It is following a detailed citizen participation plan which: (1) Provides for and encourages citizen participation with particular emphasis on participation by persons of low and moderate income who are residents of areas in which HOME Investment Partnership funds are proposed to be used;. (2) Provides citizens with reasonable and timely access to local meetings, information, and records relating to its proposed and actual use of HOME funds; (3) Provides for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals with the level and type of assistance to be determined by the applicant; - (4) Provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities, and review of program performance, which hearings shall be held after adequate notice at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped; (5) Provides for a timely written answer to written complaints and grievances; within 15 working days where practicable; and (6) Identifies how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate. (c) It has provided for and encouraged citizen participation, with particular emphasis on participation by persons of low and moderate income who are residents of areas in which HOME funds are proposed to be used, by: (1) Furnishing citizens information concerning the amount of funds available for proposed community development and housing activities and the range of activities that may be undertaken, including the estimated amount proposed to be used for activities that will benefit persons of low and moderate income and its plans for minimizing displacement of persons as a result of activities assisted with HOME funds and to assist persons actually displaced as a result of such activities; HOME Assurances/Certification-1 971216 (21 Publishing a proposed project plan/application in such a manner to afford citizens an opportunity to examine its content and to submit comments on the proposed project plan/application and on the community development performance of the jurisdiction(s); (3) Holding one or more public hearings, as indicated below, to obtain citizen views and to respond to proposals and questions related to community development and housing needs, proposed activities. All hearings were held no sooner than five days after notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped and for the needs of non-English speaking residents where a significant number of such residents could have been reasonably expected to participate. Applicant/Participant' Weld County Date Time Location March 24, 1997 9:00 a.m. Weld County Centennial Center 715 10th Greeley, Colorado • In the case of a "multi -jurisdictional" application, each participating municipality and county must hold at least one public hearing. (4) As applicable, providing citizens with reasonable and timely access to local meetings, information and records regarding its proposed use of HOME funds; (5) In preparing its project plan/application, considering any -such comments and views and, if deemed appropriate, modifying the proposed project plan/application; (6) Making the final project plan/application available to the public; (7) Identifying its community development and housing needs, including the needs of low and moderate income persons, and the activities to be undertaken to meet such needs. (d) In the event it is awarded HOME funds by the State it will: (1) Minimize displacement of persons as a result of activities assisted with HOME funds and provide for reasonable benefits to any person involuntarily and permanently displaced as a result of the use of HOME funds to acquire or substantially rehabilitate property; (2) Affirmatively further fair housing in addition to conducting and administering its project in conformity with Public Law 88-352 and Public Law 90-284 as certified in paragraph (h) hereinafter; (e) Its chief executive officer or other officer of the applicant approved by the State: (1) Consents to assume the status of responsible Federal official under the National Environmental Policy Act of 1969 (NEPA) and other provisions of Federal law, as specified in 24 CFR Part 58, which further the purposes of NEPA, insofar as the provisions of such Federal law apply to the Home Investment Partnership Program (HOME); HOME Assurances/Certifications-2 971216 (2) Is authorized and consents on behalf of the applicant and himself/herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official. (f) It will comply with the financial management regulations, policies, guidelines and requirements set forth by the DOLA, DOH and financial management regulations set forth in OMB Circular A-133 for non-profit organizations and OMB Circular A-128 for local governments. (g) It will comply with: (1) Davis -Bacon Fair Labor Standards Act (40 USC 276a - 276a-5) requiring that, on all prime contracts 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 new construction or rehabilitation of residential property only if such property is designed for use of twelve or more families.) (2) 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. (h) It will comply with: (1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 USC 2000 (d)) prohibiting discrimination on the basis of race, color, religion or religious affiliation, or national origin in any program or activity receiving federal financial assistance. (2) 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. (3) Executive Order 11246 (1965), as amended by Executive Orders 11375, prohibiting discrimination on the basis of race, color, religion, sex or national origin in any phase of employment during the performance of federal or federally -assisted contracts in excess of 82,000. (4) Section 3 of the Housing and Community Development Act of 1968 (12 USC 1701 (u)), as amended, providing that, to the greatest extent feasible, opportunities for training and employment that arise through HUD -financed projects, will be given to lower -income persons in the unit of the project area, and that contracts be awarded to businesses located in the project area or to businesses owned, in substantial part, by residents of the project area. (5) Section 504 of the Rehabilitation Act of 1973 (29 USC 793), as amended, providing that no otherwise qualified individual shall, solely by reason of a handicap, be excluded from participation (including employment), denied program benefits or subjected to discrimination under any program or activity receiving federal funds. Effective communication with persons of all types of disabilities must be ensured. (6) 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. HOME Mvr,cn/Cartifiutiwv-3 971216 (7) Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Enterprise), providing that efforts be made to encourage the use of minority and women's business enterprises when possible in the procurement of property and services. (8) Executive Order 12372 (1982), as amended by Executive Order 12416 (1983), allowing each state to establish its own process for review and comment on proposed federal financial assistance programs. (i) It will comply with: (1) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended --Title III, Real Property Acquisition (Pub. L. 91-646 and HUD implementing regulations at 49 CFR Part 24), providing for uniform and equitable treatment of persons displaced from their homes, businesses, or farms by federal or federally - assisted programs and establishing uniform and equitable land acquisition policies for federal assisted programs. Requirements include bona fide land appraisals as a basis for land acquisition, specific procedures for selecting contract appraisers and contract negotiations, furnishing to owners of property to be acquired a written summary statement of the acquisition price offer based on the fair market price, and specified procedures connected with condemnation. (2) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended -- Title II, Uniform Relocation Assistance (Pub. L. 91-646 and HUD implementing regulations at 49 CFR Part 24), providing for fair and equitable treatment of all persons displaced as a result of any federal or federally -assisted program. Relocation payments and assistance, last -resort housing replacement by displacing agency, and grievance procedures are covered under the 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 85,250 or more for each tenant are potential costs. (j) It will comply with: (1) National Environmental Policy Act of 1969 (42 USC 4321 et seq.), as amended, and the implementing regulations of HUD (24 CFR Part 58) and of the Council on Environmental Quality (40 CFR Parts 1500 - 1508) providing for establishment of national policy, goals, and procedures for protecting, restoring and enhancing environmental quality. (k) It will: (1) Comply with 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. (2) Give the State, the U.S. Department of Housing and Urban Development (HUD), and any authorized representatives access to and the rights to examine all records, books, papers or documents related to the application and grant; and (3) Adopt and annually assess the effectiveness of affirmative marketing procedures and requirements for HOME projects (but not tenant -based assistance) with five or more units. The affirmative marketing policy would contain several elements, including the standards which property owners must follow to solicit applications from persons who might not otherwise apply. HOME Munncu/Gnifiutions-4 971216 Signature, thief g16etetri r George, E.:4 Title Date Signature, Chief Elected Official/Officer• Name (Typed or Printed) Title Date Signature, Chief Elected Official/Officer Signature, Chief Elected Official/Officer Name (Typed or Printed) Name (Typed or Printed) Title Title Date Date Signature, Chief Elected Official/Officer Signature, Chief Elected Official/Officer Name (Typed or Printed) Name (Typed or Printed) Trite Date Title Date DOH Fara 1994-03 HOME Assurances/Certification-6 97121.6 Community Development Block Grant Program APPLICANT STATEMENT OF ASSURANCES AND CERTIFICATIONS The applicant hereby assures and certifies that: (a) It: (1) Possesses legal authority to apply for the grant and to execute the proposed project, and its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the applicant's chief executive officer and/or other designated official representatives to act in connection with the application and to provide such additional information as may be required; and (2) Has developed its application, including its projected use of funds, so as to give maximum feasible priority to activities which will benefit low and moderate income persons or aid in the prevention or elimination of slums or blight. (The requirement for this certification will not preclude the State from approving an application where the applicant certifies and the State determines, that all or part of the proposed project activities are designed to meet other community development needs that have arisen during the preceding twelve-month period and have particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and where other financial resources are not available to meet such needs.) Furthermore: (A) With respect to activities it claims benefit low and moderate income persons, it has determined and documented that not less than fifty-one percent (51%) of the beneficiaries of the activity are low and moderate income persons; and (B) With respect to activities it claims aid in the elimination of slums or blight, it has determined and documented: (i) For activities to address slums or blight on an area basis: (I) The area meets a definition of a slum, blighted, deteriorated or deteriorating area under State or local law; (III Throughout the area, at least twenty-five percent (25%) of the buildings are in a state of deterioration or two or more types of public improvements are in a state of deterioration; (III) Documentation is being maintained on the boundaries of the area and the condition which qualified the area at the time of its designation; and (IV) The assisted activity addresses one or more of the conditions which contributed to the deterioration of the area. (V) Rehabilitation will only be undertaken on residential structures which are not occupied by low and moderate income persons if such structures are substandard under local definition, and provided that all deficiencies making such structure substandard must be corrected before less critical work on the structure may be undertaken; (ii) For activities to address slum or blight on a spot basis, the activities must be designed to eliminate specific conditions of blight or physical decay and must be limited to acquisition, clearance, relocation, historic preservation and rehabilitation of buildings, but only to the extent necessary to eliminate specific conditions detrimental to public health and safety. 1 97121.6 (b) It is following a detailed citizen participation plan which: (1) Provides for and encourages citizen participation with particular emphasis on participation by persons of low and moderate income who are residents of slum and blight areas and of areas in which Community Development Block Grant (CDBG) funds are proposed to be used; (2) Provides citizens with reasonable and timely access to local meetings, information, and records relating to its proposed and actual use of CDBG funds; - (3) Provides for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals with the level and type of assistance to be determined by the applicant; (4) Provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities, and review of program performance, which hearings shall be held after adequate notice at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped; (5) Provides for a timely written answer to written complaints and grievances, within 15 working days where practicable; and (6) Identifies how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate. (c) It has provided for and encouraged citizen participation, with particular emphasis on participation by persons of low and moderate income who are residents of slum and blight areas and of areas in which CDBG funds are proposed to be used, by: (1) Furnishing citizens information concerning the amount of funds available for proposed community development and housing activities and the range of activities that may be undertaken, including the estimated amount proposed to be used for activities that will benefit persons of low and moderate income and its plans for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result of such activities; (2) Publishing a proposed project plan/application in such a manner to afford citizens an opportunity to examine its content and to submit comments on the proposed project plan/application and on the community development performance of the jurisdiction(s); (3) Holding one or more public hearings, as indicated below, to obtain citizen views and to respond to proposals and questions related to community development and housing needs, proposed activities and past CDBG performance. All hearings were held no sooner than five days after notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped and for the needs of non-English speaking residents where a significant number of such residents could have been reasonably expected to participate. Aoolicant/Participant • Date Time I ocation Weld County March 24, 1997 9:00 a.m. Weld County Centennial 715 10th St. Greeley. CO • In the case of a "multi -jurisdictional" application, each participating municipality and county must hold at least one public hearing. 2 97121.5 (4) As applicable, providing citizens with reasonable and timely access to local meetings, information and records regarding its proposed and past use of CDBG funds; (5) In preparing its project plan/application, considering any such comments and views and, if deemed appropriate, modifying the proposed project plan/application; (6) Making the final project plan/application available to the public; (7) Identifying its community development and housing needs, including the needs of low and moderate income persons, and the activities to be undertaken to meet such needs. (d) In the event it is awarded CDBG funds by the State it will: (1) Follow a residential antidisplacement and relocation assistance plan which shall: (A) In the event of such displacement, provide that: (i) Governmental agencies or private developers shall provide within the same community comparable replacement dwellings for the same number of occupants as could have been housed in the occupied and vacant occupiable low and moderate income dwelling units demolished or converted to use other than for housing for low and moderate income persons, and provide that such replacement housing may include existing housing assisted with project based assistance provided under Section 8 of the United States Housing Act of 1937; (ii) Such comparable replacement dwellings shall be designed to remain affordable to persons of low and moderate income for 10 years from the time of initial occupancy; (iii) Relocation benefits shall be provided for all low or moderate income persons who occupied housing demolished or converted to a use other than for low or moderate income housing, including reimbursement for actual and reasonable moving expenses, security deposits, credit checks, and other moving -related expenses, including any interim living costs; and, in the case of displaced persons of low and moderate income, provide either: (I) compensation sufficient to ensure that, for a 5 -year period, the displaced families shall not bear, after relocation, a ratio of shelter costs to income that exceeds 30 percent; or, (II) if elected by a family, a lump -sum payment equal to the capitalized value of the benefits available under subclause (I) to permit the household to secure participation in a housing cooperative or mutual housing association. (iv) 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; 3 9'712?. (B) persons displaced shall have the right to elect, as an alternative to the benefits under this subsection to receive benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 if such persons determine that it is in their best interest to do so; and, (C) where a claim for assistance under subparagraph (A)(iv) is denied by grantee, 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. (2) Comply with the provisions of the above paragraph (1) except that paragraphs (A)(i) and (A)(ii) shall not apply in any 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. (3) 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 procedures required in paragraph (c) for the preparation and submission of the final project plan/application. (e) It will: (1) Minimize displacement of persons as a result of activities assisted with CDBG funds and provide for reasonable benefits to any person involuntarily and permanently displaced as a result of the use of CDBG funds to acquire or substantially rehabilitate property; (2) Affirmatively further fair housing in addition to conducting and administering its project in conformity with Public Law 88-352 and Public Law 90-284 as certified in paragraph (h) hereinafter; (3) Not attempt to recover any capital costs of public improvements assisted in whole or part with CDBG funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless: (A) CDBG funds are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than the CDBG program, or (B) for purposes of assessing any amount against properties owned and occupied by persons of moderate income who are not persons of low income, it certifies that it lacks sufficient CDBG funds to comply with the requirements of subparagraph (A); (f) Its chief executive officer or other officer of the applicant approved by the State: (1) Consents to assume the status of responsible Federal official under the National Environmental Policy Act of 1969 (NEPA) and other provisions of Federal law, as specified in 24 CFR Part 58, which further the purposes of NEPA, insofar as the provisions of such Federal law apply to the Colorado Community Development Block Grant (CDBG) Program; (2) Is authorized and consents on behalf of the applicant and himself/herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official. (g) It will comply with the financial management regulations, policies, guidelines and requirements set forth in the CDBG Public Facilities and/or Housing Guidebook. 4 97121.5 (h) It will comply with: (1) Section 110 of the Housing and Community Development Act of 1974, as amended, and any State regulations regarding the administration and enforcement of labor standards; (2) Davis -Bacon Fair Labor Standards Act (40 USC 276a - 276a-5) requiring that, on all prime contracts 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 families.) (3) Contract Work Hours and Safety Standards Act of 1962 (40 USC 327 et seq.) requiring that mechanics and laborers employed on federally -assisted contracts which exceed $2,000 be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty in a work week. (4) 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. (i) It will comply with: (1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 USC 2000 (d)) prohibiting discrimination on the basis of race, color, religion or religious affiliation, or national origin in any program or activity receiving federal financial assistance. (2) 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. (3) 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 Housing and Community Development Act. (4) 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. (5) Executive Order 11246 (1965), as amended by Executive Orders 11375, prohibiting discrimination on the basis of race, color, religion, sex or national origin in any phase of employment during the performance of federal or federally -assisted contracts in excess of $2,000. (6) Section 3 of the Housing and Community Development Act of 1968 (12 USC 1701 (u)), as amended, providing that, to the greatest extent feasible, opportunities for training and employment that arise through HUD -financed projects, will be given to lower -income persons in the unit of the project area, and that contracts be awarded to businesses located in the project area or to businesses owned, in substantial part, by residents of the project area. (7) Section 504 of the Rehabilitation Act of 1973 (29 USC 793), as amended, providing that no otherwise qualified individual shall, solely by reason of a handicap, be excluded from participation (including employment), denied program benefits or subjected to discrimination under any program or activity receiving federal funds. Effective communication with persons of all types of disabilities must be ensured. (8) Age Discrimination Act of 1975, (42 USC 6101), as amended, providing that no person shall 5 971216 be excluded from participation, denied program benefits or subjected to discrimination on the basis of age under any program or activity receiving federal funds. (j) It will comply with: (1) Section 104(d) of the Housing and Community Development Act of 1974, as amended (42 USC 5301), known as the "Barney Frank Amendment," and the HUD implementing regulations at 29 CRF Part 570, requiring that local grantees follow a residential antidisplacement and relocation assistance plan which provides for the replacement of all low/moderate-income dwelling units that are demolished or converted to another use as a direct result of the use of CDBG funds, and which provides for relocation assistance for all low/moderate-income households so displaced. (2) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended -- Title III, Real Property Acquisition (Pub. L. 91-646 and HUD implementing regulations at 49 CFR Part 24), providing for uniform and equitable treatment of persons displaced from their homes, businesses, or farms by federal or federally- assisted programs and establishing uniform and equitable land acquisition policies for federal assisted programs. Requirements include bona fide land appraisals as a basis for land acquisition, specific procedures for selecting contract appraisers and contract negotiations, furnishing to owners of property to be acquired a written summary statement of the acquisition price offer based on the fair market price, and specified procedures connected with condemnation. (3) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended -- Title II, Uniform Relocation Assistance (Pub. L. 91-646 and HUD implementing regulations at 49 CFR Part 24), providing for fair and equitable treatment of all persons displaced as a result of any federal or federally -assisted program. Relocation payments and assistance, last -resort housing replacement by displacing agency, and grievance procedures are covered under the 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 S22,500 or more for each qualified homeowner or up to $5,250 or more for each tenant are potential costs. (k) It will comply with: (1) National Environmental Policy Act of 1969 (42 USC 4321 et seq.), as amended, and the implementing regulations of HUD (24 CFR Part 58) and of the Council on Environmental Quality (40 CFR Parts 1500 - 1508) providing for establishment of national policy, goals, and procedures for protecting, restoring and enhancing environmental quality. (2) 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. (3) 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. (4) 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. (5) Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR 26951 et seq.) prohibits undertaking certain activities in flood plains unless it has been determined that there is no practical alternative, in which case notice of the action must be provided and the action 6 371.21.6 must be designed or modified to minimize potential damage. 7 (6) 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. (7) Safe Drinking Water Act of 1974 (42 USC 201, 300 f et seq., 7401 et seq.), as amended, prohibiting the commitment of federal financial assistance for any project which the Environmental Protection Agency determines may contaminate an aquifer which is the sole or principal drinking water source for an area. (8) 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. (9) The Wild and Scenic Rivers Act of 1968 (16 USC 1271 et seq.), as amended, prohibiting federal assistance in the construction of any water resources project that would have a direct and adverse affect on any river included in or designated for study or inclusion in the National Wild and Scenic Rivers System. (10) 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. (11) (I) It will: HUD Environmental Criteria and Standards (24 CFR Part 51) providing national standards for noise abatement and control, acceptable separation distances from explosive or fire prone substances, and suitable land uses for airport runway clear zones. (1) Comply with 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. (2) Comply with the Armstrong/Walker "Excessive Force" Amendment, (P.L. 101-144) & Section 906 of Cranston -Gonzalez Affordable Housing Act of 1990, which requires that a recipient of HUD funds must certify that they have adopted or will adopt and enforce a policy prohibiting the use of excessive force by law enforcement agencies within their jurisdiction against individuals engaged in nonviolent civil rights demonstrations; or fails to adopt and enforce a policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstration within its jurisdiction. (3) Comply with the "Government -wide Restriction on Lobbying, (P.L. 101-121), which prohibits spending CDBG funds to influence or attempt to influence federal officials; which requires the filing of a disclosure form when non-CDBG funds are used for such purposes; which requires certification of compliance by the state; and which requires the state to include the certification language in grant awards it makes to units of general local government at all tiers and that all subrecipients shall certify accordingly as imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to civil penalty of not less than $10,000 and not more than $100,000 for each failure. 8 9'71..2?. (4) Comply with the Department of Housing and Urban Development Reform Act of 1989 (24 CFR part 12) requiring applicants for assistance for a specific project or activity from HUD, to make a number of disclosures if the applicant meets a dollar threshold for the receipt of covered assistance during the fiscal year in which an application is submitted. An applicant must also make the disclosures if it is requesting assistance from HUD for a specific housing project that involves assistance from other governmental sources. (5) Give the State, the U.S. Department of Housing and Urban Development (HUD), and any authorized representatives access to and the rights to examine all records, books, papers or documents related to the application and grant; and (m) It will comply with all parts of Title 1 of the Housing and Community Development Act of 1974, as amendee not been cited previously as well as with other applicable laws and regulations. Signature, Chief Elected Official" Signature, Chief Elected Official** Name (Typed or Printed) Title Date Signature, Chief Elected Official** Name (Typed or Printed) Name (Typed or Printed) Title Date Title Date Signature, Chief Elected Official** Signature, Chief Elected Official" Name (Typed or Printed) Name (Typed or Printed) Title Date Title Date * * Additional signatures are required only in the case of "multi -jurisdictional" applications. If this is a multi -jurisdictional application, the Chief Elected Official of each municipality and county participating in the application must sign. 9 971216 CITIZEN PARTICIPATION PLAN This Citizen Participation Plan is hereby adopted to ensure that the citizens of Weld County, Colorado, particularly persons of low and moderate income residing in areas in which CDOH funds are proposed to be used, are provided an opportunity and encouraged to participate in the planning and implementation of CDOH-funded activities. PUBLIC HEARING Public Hearings will be the primary means of obtaining citizen views and responding to proposals and questions related to community development and housing needs, proposed CDOH activities and past CDOH performance. Prior to submitting a CDOH application to the State, Weld County will conduct at least one public hearing to identify community development and housing needs, including the needs of low and moderate income persons, as well as other needs in the community that might be addressed through the CDBG program, and to review proposed CDOH activities and the past performance of Weld County in carrying out it's CDBG program. A formal public notice will be published in a newspaper of general circulation in the area at least five (5) days prior to such public hearings. A public notice will also be posted in the Evans City Hall and in other places frequented by the public, especially low and moderate income persons and persons benefiting from or affected by proposed CDOH activities. As circumstances warrant and as Weld County determines necessary or appropriate, participation may additionally be specifically solicited from persons of low and moderate income, those benefiting from or affected by CDOH activities and/or representatives of such persons. Hearings will be held at times and locations convenient to potential and actual beneficiaries, and with accommodation for the handicapped. In the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate, arrangements will be made to have an interpreter present. PUBLIC INFORMATION AND RECORDS Information and records regarding the proposed and past use of CDOH funds will be available at the Evans City Hall during regular office hours. The public will be so informed by public notice. Special communication aids can be made available to persons on request. 97121.? TECHNICAL ASSISTANCE The Weld County Housing Authority will provide technical assistance to groups representative of persons of low and moderate income that request assistance in developing CDOH proposals. The level and type of assistance appropriate will be determined by the Weld County Housing Authority based on its ability to provide or arrange for such assistance, the cost of providing such assistance and other relevant factors. WRITTEN COMMENTS AND RESPONSES Weld County will respond to written complaints and grievances in writing in a timely manner. When practicable, such wr' `o*� �` all be made within fifteen (15) working days. Signature o Ch El = cted ate 971216 MEMORANDUM T T>. TO: George E. Baxter, Chair Date: June 23, 1997 Weld County Housing Authority Board FR: Judy Griego, Director, Social Services RE: Approval of Down Payment Assistanc and Certifications As discussed at the Housing Authority Work Session of June 16, 1997.t he State Division of Housing has awarded Weld County the full amount requested of $105,600 for the Homeownership Downpayment Assistance Program. Of the total amount, $97,200 will be available for downpayment assistance , while $8,400 is budgeted for administration of the program. This contract expands the down payment assistance program currently being administered by High Plains Housing Development Corporation to the balance of Weld County. Through this contract, down payment assistance will be provided to 28 households in Weld County during a twelve month period. High Plains Housing Development Corporation will be used as the administering agency to determine the eligibility of the applicants for the program and for homeownership education. Once an applicant is determined eligible for the program, a five per cent interest rate loan will be provided. The term of the loan is ten years The State Division of Housing has also requested that we submit the attached certifications for the Down Payment Assistance contract: 1. CDBG Community Development Plan 2. Applicant Statement of Assurance and Certifications for HOME funds; 3. Applicant Statement of Assurance and Certifications for CDBG funds; and 971216 4. Community Participation Plan. The Community Development Plan is a requirement when receiving CDBG funding. The applicant Statement of Assurances and Certification details the regulations which must be complied with in return for receiving Federal . The Citizen Participation plan delineates the process whereby the public is provided input into the development of the project. A hearing was conducted prior to the submission of the proposal on March 24, 1997 at the Centennial Center Staff is recommending Board approval of the above Down Payment Assistance Payments Contract and program certifications. If you have any questions, please telephone me at 352-1551, Extension 6200. 971216 Hello