HomeMy WebLinkAbout890550.tiff (!r' MEMORAIMUllii
C. W. Kirby, Chairman
to Board of County Commissioners pa,, June 28, 1989
COLORADO Walter J. Speckman, Executive Director, Human Resources
v ePr 1989 Emergency Shelter Grant Application
Enclosed for Board approval is the 1989 Emergency' Shelter Grant
Application. Weld County Division of Human Resources was notified that
it has been awarded $20,000 of Stewart B. McKinney Homeless Act Funds.
The funds will be used to sub-contract with the Greeley Transitional
House and Catholic Community Services Northern ' s Guadalupe Center.
These entities will use the funds for general operating expenditure such
as utility costs.
The terms of the grant will be from July 1, 1989 through June 30, 1990.
If you have any questions , please telephone me at 353-3816.
a9„ss_
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D 1TMENT OR AGENCY,
CONTRACT ROUTING#
EMERGENCY SHELTER GRANT CONTRACT
THIS CONTRACT, made this 1st day of July, 1989 by and between the State of Colorado for the use and
benefit of the Department of Local Affairs, Division of Housing,hereinafter referred to as the State, and Weld County
Board of Commissioners, 915 10th Street, Oreelev. 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 __, G/L.
Account Number Contract Encumbrance Number ; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS, the United States Government, through the Stewart B. McKinney Homeless Act of 1986, Public.
L No. 99-500, has established the Emergency Shelter Grants (ESG) program and has allowed each state to
administer such federal funds to help improve the quality of emergency shelters for the homeless, to help make
available additional emergency shelters,and to help meet the costs of operating emergencyshelters and of providing
essential social services to homeless individuals, so that these individuals have access to safe and sanitary shelters
and supportive services and other types of assistance to improve their situations.
WHEREAS, the State of Colorado has received its 1989 ESG Program Funds under Grant #S89DC080001,
funds awarded to states are governed by the provisions of P.L 100-404 and P.L. 100-628;and
WHEREAS; the State of Colorado has elected to administer such federal funds for the state through the
Division of Housing pursuant to C.R.S. 1973, 24-32-705 (1)(i); and
WHEREAS,the division has received applications from political subdivisions in Colorado for allocations from
the Federal ESG funds available to Colorado; and
WHEREAS, the contractor is one of the eligible political subdivisions to receive ESG funds; and
NOW THEREFORE it is hereby agreed that:
1. Areas Covered. The contractor shall perform and accomplish all the necessary work and services provided
under this contract, as described in the'Scope of Services"set forth in the attached Exhibit A,which is incorporated
herein and made part of this contract by reference, in connection with and respecting the following area or areas:
2: 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 Services,"set forth in the attached Exhibit A, hereinafter referred to as the"Project." Work
performed prior to the execution of this contract shall not be considered part of this Project.
3. Responsible Administrator. The performance of the services required hereunder shall be under the direct
supervision of Walt Speckman, 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.
4. 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 no later than the termination date set forth in the Scope of Services.
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5. Obligation, Expenditure r 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 ESG expenditures and shall not be reimbursed by the state.
6. 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 Twenty Thousand and No/100 Dollars
($20,000.00). The method and time of payment shall be made in accordance with the Payment Method" set forth
herein.
7. Financial Management. At all times from the effective date of this contract until completion of this contract,
the contractor shall comply with the applicable administrative requirements, cost principles and other requirements
set forth in the Department of Local Affairs, Financial Management Manual incorporated by reference and contractor
acknowledges receipt of the Financial Management Requirements.
8. Payment Method. Unless otherwise provided in the Scope of Services:
a) The contractor shall periodically initiate all drawdown requests by submitting to the Division a written
request using the state-provided form, for reimbursement of actual and proper expenditures of state ESG
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 applicable Financial
Management Requirements, program objectives, contractual terms, or reporting requirements.
c) The state will withhold payment of the final five (5) percent of the total contract amount until the
contractor has submitted and the Division has accepted all required Financial Status Report and Performance
Report information.
9 Audit.
a) Discretionary Audit. The state, through the Executive Director of the Department,the state Auditor, or
any of their duly authorized representatives,including an independent Certified Public Accountant of the state's
choosing,or the federal government or any of its properly delegated or authorized representatives shall have
the right to inspect, examine, and audit the contractor's (and any subcontractor's) records, books, accounts
and other relevant documents. Such discretionary audit may be requested at any time and for any reason
from the effective date of this contract until five (5) years after the date final payment for this project is
received by the contractor, provided that the audit is performed during normal business hours.
b) Mandatory Audit. Whether or not the state calls for a discretionary audit as provided above, the
contractor shall include the project in an annual audit report as required by the Colorado Local Government
Audit Law, C.R.S. 1973, 29-1-601, et sect and the Single Audit Act of 1984, Pub. L 98-502, 24 CFR Part 44,
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.
10. 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.
11. Personnel. The contractor represents that he has, or will secure at his own expense, unless otherwise
stated in the Scope of Services, all personnel, as employees of the contractor, necessary to perform the work and
services required to be performed by the contractor under this contract. Such personnel may not be employees
of or have any contractual relationship with the state. All of the services required hereunder will be performed by
the contractor ur under his supervision, and all personnel engaged in thG work shall be fully qualified and shall be
authorized under state and local law to perform such services.
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12. Contract Suspension. e contractor fails to comply with any cont 'ual provision, the state may,after
notice to the contractor,suspend tr..:contract and withhold further payments or ja.jhibit theeontractorfrom incurring
additional obligations of contractual funds, pending corrective action by the contractor ora 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.
13. 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 ESG funds provided tothe 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 amerd this contract.
b) Termination for Cause. If, through any cause, the contractor shall fail to ftM in a timely and proper
manner his obligations under this contract, or if the contractor shall violate any of thecovenants,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 otherwaterial 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, aid the stage may withhold
• any payments to the contractor for the purpose of setoff until such time as the exactamount of damages due
the state from the contractor is determined.
14. Termination for Convenience. The state may terminate this contract at any time the state determines that
the purposes of the distribution of state ESG monies under the contract would no longer be served by completion
of the project. The state shall effect such termination by giving written notice of termination to the contractor and
specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In that
event, all finished or unfinished documents and other materials as described in subparagraph (b) above shall, at the
option of the state, become its property. If the contract is terminated by the state as provided herein,the contractor
will be paid an amount which bears the same ratio to the total compensation as the servicesactually performed bear
to the total services of the contractor covered by this contract, less payments of compensation previously made:
Provided, however,that if less than sixty percent(60%) of the services covered by this contract have been performed
upon the effective date of such termination, the contractor shall be reimbursed (in addition to the above
payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this contract)
incurred by the contractor during the contract period which are directly attributable to the uncompleted portion of
the services covered by this contract. If this contract is terminated due to the fault of the contractor, Paragraph 13
above relative to termination for cause shall apply.
15. Modification and Amendment.
a) Modification by Operation of Law. This contract is subject to such modifications as may be required
by changes in federal or state law or regulations. Any such required modification stroll be incorporated into
and be part of this contract as if fully set forth herein.
b) Programmatic or Budgetary Modifications. The contractor must submit a written request to the Division
and obtain prior written approval from the Division for programmatic or budgetary modifications.
c) Other Modifications. If either the state or the contractor desires to modify the terms of this contract
other than as set forth in subparagraphs a and (b) above, written notice of the proposed modification shall
be given to the other party. No such modification shall take effect unless agreed to in writing by both parties
in an amendment to this contract properly executed and approved in accordance rah applicable law.
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16. Integration. This con'-,^.t, as written, with attachments and refer0nces, is intended as the complete
integration of all understanding be ;en the parties at this time and no prior or itemporaneous addition, deletion
or amendment hereto shall have any force or effect whatsoever, unless embodied in a written authorization or
• contract amendment incorporating such changes, executed and approved pursuant to applicable law.
17. Reports.
• a) Financial Reports. The contractor shall submit to the Department three(3) copies of quarterly financial
status reports in the manner and method prescribed by the Division.
b) Performance Reports. The contractor shall submit to the Department one (1) copy of quarterly
performance report and a project dompletion report In a manner and method prescribed by the Division.
18. Conflict of Interest.
a) In the Case of Procurement. In the procurement of supplies, equipment, construction and services by
the contractor and its subcontractors, no employee, officer or agent of the contractor or its subcontractors
shall participate in the selection or in the award or administration of a contract if a conflict of interest, real or
apparent,would be involved. Such a conflict would arise when the employee, officer or agent; any member
of his immediate family; his partner; or an organization which employs, or is about to employ, any of the
above, has a financial or other interest in the party or firm selected for award. Officers, employees or agents
of the contractor and its subcontractors shall neither solicit nor accept gratuities, favors or anything of
monetary value from parties or potential parties to contracts. Unsolicited items provided as gifts are not
prohibited if the intrinsic value of such items is nominal.
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 ESG activities or who are in a position to participate
in a decision making process or gain inside information with regard to such activities, may obtain a personal
or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement
with respect therel:o, or the proceeds thereunder, either for themselves or those with whom they have family
or business ties, during their tenure or for one year thereafter.
i) Persons Covered. The conflict of interest provisions of this paragraph 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 ESG funds.
ii) Threshold Requirements for Exceptions. Upon the written request of the contractor,the state may grant
an exception to the provisions of this subparagraph b) when it determines that such an exception will
serve to further the purposes of the ESG 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
lithe affected person has withdrawn from his or her functions or responsibilities, or the
decision making process with respect to the specific ESG assisted activity in question; and
b. An opinion of the contractor's attorney that the interest for which the exception is sought
would not violate state or local law; and
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 6);
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(
iii) Factors to b be Consi 3d for Exceptions. In determining whether 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 ESG 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
weighed against the public interest served by avoiding the prohibited conflict; and
f. Any other relevant considerations.
19. 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) 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.
b) 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. The Contractor shall assume all environmental responsibilities
necessary under this contract and shall not delegate any of these responsibilities to their subcontractorfs).
c) The Lead-Based Paint Poisoning Prevention Act — Title IV (42 USC 4821) 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.
d) 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.
e) 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.
O 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, or national origin in any program or activity receiving federal financial assistance.
g) Title VIII of the Civil Rights Act of 1968 (Pub. L 90-284; 42 USC 3601), as amended, popularly known
as the Fair Housing Act,prohibiting housing discrimination on the basis of race, color,religion,sex,or national
origin, and requiring HUD to administer its programs in a manner which affirmatively promotes fair housing.
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•
h) Executive Order 1 . A (1965), as amended by Executive Orde, 1375, 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.
i) Executive Order 11063 (1962), as amended by Executive Order 12259, rewiring 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.
j) 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 berefits or subjected to discrimination under any program or activity receiving
federal funds.
k) 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.
I) Debarred Suspended, or Ineligible Contractors, (24 CFR, part 24), requiring that for procurement of
property, non personal services, contractor shall evaluate past performance of participants in programs
administered by the Department of Housing and Urban Development, as well as otter relevant aspects of the
record and status of the participants, by consulting with HUD's "Consolidated List of Debarred, Suspended,
and Ineligible Contractors and Grantee."
m) Uniform Federal Accessibility Standards, (24 CFR, Part 40, Appendix A), requiring that for major
rehabilitation or conversion of buildings, prescribed standards for the design, construction, and alteration of
publicly owned residential structures shall be followed to insure that physically handicapped persons will have
ready access to, and use of such structures.
20. Monitoring and Evaluation. The state will monitor and evaluate the contract with the contractor under
the ESG program. The contract will be monitored for compliance with the rules, regulations, requirements and
guidelines which the state has promulgated or may promulgate and will be monitored periodically during the
operation of the project and upon its completion. The contract will also be subject to monitoring and evaluation by
the U.S. Department of Housing and Urban Development.
21. 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.
22. 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.
23. 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.
24. Minority Business Enterprise Participation. It is the policy of the State of Colorado that minority business
enterprises shall have the maximum practicable opportunity to participate in the performance of its construction grant
contracts. The contractor agrees to use its best efforts to carry out this policy to the fulest extent practicable and
consistent with the efficient performance of this contract. As used in this contract, the term "minority business
enterprise" means a business, at least 50 percent of which is owned by minority group members or, in the case of
publicly owned businesses, at least 51 percent of the stock of which is owned by minority group members. For the
purposes of this definition, minority group members are Negroes or Black Americans, Spanish-speaking Americans,
Asian Americans, American Indians, American Eskimos and American Aleuts. The contractor may rely on written
representations by bidders, contractors, and subcontractors regarding their status as minority business enterprises
and need not conduct an independent investigation.
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25. Applicant Qert'fiicatic , . The contractor certifies that it will ensure .npliance by non-profit corporations
to which it distributes funds under the Emergency Shelter Grants Program with:
a. Use as an Emergency Shelter(24 CFR,575.53),requiring that any building for which emergency shelter
grant amounts are used must be maintained as a shelter for the homeless for not less than a three-year
period, or for not less than a 10-year period if the grant amounts are used for major rehabilitation or
conversion of the building.
b. Calculating the Applicable Period The three and 10-year periods referred to into paragraph (a) of this
section begin to run:
1. In the case of a building that was not operated as an emergency shelter for the homeless before
receipt of grant amounts under this part, on the date of initial occupancy as an emergency shelter for
the homeless.
2. In the case of a building that was operated as an emergency shelter before receipt of grant amounts
under this part, on the date that grant amounts are first obligated on the shelter.
c. Building Standards (24 CFR, 575.55), requiring that any building for which emergency shelter grant
amounts are used for renovation,conversion,or major rehabilitation must meet the local government standard
of being in safe and sanitary condition
d. Assistance to the Homeless (24 CFR; 575.57), requiring that homeless individuals must be given
assistance in obtaining:
1. Appropriate supportive services,including permanent housing,medical and mental health treatment,
counseling, supervision, and other services essential for achieving independent living.
2. Other federal, state, local and private assistance available for such individuals.
e. Renting Commercial Transient Accommodations (24 CFR, 575.33 (c) (IV)), requiring that if grant
amounts are proposed to be used to provide emergency shelter for the homeless in hotels or motels, or other
commercial facilities providing transient housing, the contractor:
1. Has executed (or will execute) an agreement with the provider of such housing that comparable
living space, in terms of quality, available amenities,and square footage,will be available in the facility
for use as emergency shelter for at least the applicable period specified in (24 CFR 575.53): and
2. Leases negotiated between the contractor and with the provider of such housing make available
such living space at substantially less than the daily room rate otherwise charged by the facility; and
3. The contractor has considered using other facilities as emergency shelters,and has determined that
the use of such living space in the facilities provides the most cost-effective means of providing
emergency shelter for the homeless in its jurisdiction.
f. Environmental review, (24 CFR, 575.33 (4) (i)), requiring that no renovation, major rehabilitation, or
conversion activity funded under this part will:
1. Involve adverse alterations to a property that is listed on the National Register of Historic Places,
is located in a historic district or is immediately adjacent to a property that is listed on the Register,
or is deemed by the State Historic Preservation Officer to be eligible for listing on the Register.
2. Take place in any 100-year flood plain designated by map by the Federal Emergency Management
Agency.
3. In lieu of the environmental review certification requited by the preceding paragraph (f)(1) & (2),
renovation, major rehabilitation or conversion of a building may be carried out with ESG amounts if
an environmental review of an area in which the proposed activities are to be located was previously
completed for the purposes of another.HUD program under 24 CFR Part 50 or 58 and addressed
properties, activities and effects comparable to those proposed and applicable for ESG assistance.
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i
g. Conditional Grants,t4 CFR,575.35(C) (2)),requiring a restrictic..of the obligation and the use of ESG
amounts, unless the contractor determines,with state and HUD approval, that the only feasible locations for
the assisted activities preclude the certifications (f) (1) (2).
h. Matching Funds (24 CFR, 575.51(a)), requiring that the contractor shall supplement its emergency
shelter grant amounts with an equal amount of funds from sources other than under this ,part. These funds
must be provided after execution of the contract. Contractor may comply with this requirement by providing
the supplemental funds itself, or through supplemental funds provided by a non-profit rec:ipient(s).
i. Calculating the Matching emount (24 CFR 575.51(b)), requiring that, in calculating the amount of
supplemental funds, there may be included the value of any donated material or building; the value of any
lease on a building; any salary paid to staff of the contractor or to any non-profit recipient(s) in carrying out
the emergency shelter program; and the time and services contributed by volunteers to carry-out the
emergency shelter program, determined at the rate of$5 per hour. The contractor shall determine the value
of any donated material or building, or any lease, using any method reasonably calculated to establish a fair
market value.
26. Survival of Provisions. Notwithstanding any termination of this contract,the same shall continue in force
and effect as to any provisions hereof which require observance or performance by the state and contractor
subsequent to the date specified for termination, and it is understood and agreed such provisions shall survive any
said termination date.
27. Subcontracting. In the event that the Contractor determines that some or all of the services approved
herein are to be provided by an organization other than the Contractor, a written subcontract shall be executed
between the Contractor and its subgrantee. A copy of the subcontract shall be submitted to the Division of Housing
within 10 calendar days of its execution.
28. Displacement. The Contractor is prohibited from expending ESG funds for any activities that would
result in the displacement of person or businesses.
s
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Form G-ACa2R
SPECIAL PROVISIONS
(CONTROLLER'S APPROVAL
I. This contract shall not be deemed valid until it shall have been approved by the Controller of the Sure of Colorado or such assistant as he may designate.This
provision is applicable to an) contract involving the payment of money by the State.
FUND AVAILABILITY •
3. Financial obligations of the State pate*after the currer9t fiscal!ear are contingent upon funds fur tnai purpose being appropriated.budgeted and,then Ise
male available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building,
road.bridge,viaduct,tunnel,excavation or other public works for this State.the contractor shall,before entering the performance of any such work included in this
contract.duly execute and deliver to and file w ith the official whose signature appears below for the State.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 for the due and faithful performance of the contract,and in addition,shall provide that if the contractor or his subcontractors
fail to duly pay for any labor,materials..team hire.sustenance,provisions,provender or other supplies used or consumed by such contractor or his su bcontrattor in
performance of the work contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the bond.together with interest at the
rate of eight per cent per annum.Unless such bond,when so required,is executed,delivered and filed,no claim in favor of the contractor arising under this contract
shall be audited,allowed or paid.A certified or cashier's check ora bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a
bond. This provision is in compliance with 38-26-106 CRS,as amended.
INDEMNIFICATION
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 practices(24-34-402.CRS 1982 Replacement Vol.),and as required by Executive Order.Equal Opportunity and Affirma-
tive Action,dated April 16. 1975.Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts.
During the performance of this contract,the contractor agrees as follows:
(I) The contractor will not discriminate against any employee or applicant for employment because of race,creed,color.national origin,sex,marital status,
:elicon.ancestry,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants are employed,and that employees are
seated daring employment,without regard to the above mentioned characteristics. Such action shall include,but not be limited to the following:employment,
upgrading-demotion,or transfer,recruitment or recruitment advertising;layoffs or terminations:rates of pay or other forms of compensation:and selection for
training,including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment.notices to be pro-
vided by the contracting officer setting forth provisions of this non-discrimination clause.
121 The contractor will,in all solicitations or advertisements for employees placed by cr 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
are.
f3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement orothcr contractor understand-
.'!ç notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under the Executive
Order, Equal Opportunity and Affirmative Action.dated April 16. 1975,and of the rules, regulations, and relevant Orders of the Governor.
i-et The contractor and labor unions will famish all information and reports required by ExecutiveOrder.Equal Opportunity and Affirmative Action of April 16.
19-5.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
r:r-y and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules. regulations and orders.
15! A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual
nom membership in sueli labor organization or discriminate against any of its members in the full enjoyment of work opportunity.because of race.creed.color.
rev :rational origin.or ancestry.
lE c A labor organization.or the employees Cr members thereof a ill not aid.abet.incite.compel or coerce the doing of any act defined in this contract to he dis-
cn it atop-or obstruct or present any person from complying with the provisions of this contract or an' order issued thereunder:or attempt either directly or
mr.crctly. to commit any act defined in this contract to be discrimination.
Ss' `i-01-1022
'Revised 1158 page _9 _of- 10 pages tk. CO:r,......
890550
Form 6-AC-02C
(71 In the event of the contractor's non-compliance with the non-discrimination clauses of this contractor or w ith any of such rules.regulations.orbrdcrs,this
contract may be cancelled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further Stale contracts in accordance
with procedures,authorized in Executive Order.Equal Opportunity and Affirmative Action of April 16,1975 and the rules,regulations,or orders promulgated
in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order.Equal Opportunity and
Affirmative Action of April 16,. 1975,or by rules;regulations, or orders promulgated in accordance therewith,or as otherwise provided by law.
(R) The contractor will include the provisions of paragraph(I)through(8)in every subcontract and subcontractor purchase order unless exempted by rules,
regulations,ororders 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 fake 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 8-17-101& 102,CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereun-
der and are financed in whole or in part by State funds.
b. When construction contract for a public project is to be awarded to a bidder.a resident bidder shall he 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 deter-
mined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be avail-
able 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 (section 8-19-101 and 102, CRS).
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 a 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.
B. At all times during the perfomunce of this Contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules and regulations that
have been or may hereafter be established.
9. The signatories hereto aver that they arc familiar with 18-8-301,et.seq.,(Bribery and Corrupt Influences)and 18-8-401,et.seq.,(Abuse of Public Office).
CRS 1978 Replacement Vol., and that no violation of such provisions is present. -
10. The signatories aver that ID their knowledge, no state employee has a 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.
Convector. Weld County
(Full Legal Name) Boned of Commissioners STATE OF COLORADO
By: 4f/v f ROY ROMER, GOVERNOR
C.W. Ki by
By
'5 EXECUTIVE DIRECTOR
Position (Tale) Chairman
Social Securiy Number a Federal I.D.Number DEPARTMENT
OF Local Affair;__
(If Corporati
Attu (Seel) \ I Y.(.tv1<rl¢<�`/�—M.)
I p
I_ -
Corpora{Scamp,.a Liao rot. rt('nvGumv Ckd
APPROVALS
ATTORNEY GENERAL CONTROLLER
BY By
.r-
395-” In:6.Rnord I tai
;390550
EXHIBIT A
SCOPE OF SERVICES
WELD COUNTY
A. Scope of Services
This project consists of providing emergency shelter service funds under the Stewart B, McKinney Act, Emergency
Shelter Grant (ESG) to the contractor to help improve the quality of emergency shelter services for the homeless.
A homeless person is defined as:
1. An individual or family which lacks a fixed, regular, and adequate nighttime residence; or
2. An individual or family which has a primary nighttime residence that is:
a. a supervised publicly or privately operated shelter designed to provide temporary living accommodations
(including welfare hotels, congregate shelters, and transitional housing for persons with mental illness);
b. an institution that provides a temporary residence for individuals intended to be institutionalized; or
c. a public or private place not designed for, or ordinarily used as a regular sleeping accommodation for human
beings.
ESG funds may be used for the following activities relating to shelter services for the homeless.
1. Rehabilitation of existing buildings, including improvements to increase the efficient use of energy in buildings.
(Rehabilitation means labor, materials,tools and other costs of improving buildings, including repair directed toward
an accumulation of deferred maintained; replacement of principal fixtures and components of existing buildings;
installation of security devices and improvement through alterations or additions.)
2. Provision of essential services, including (but not limited to) services concemed with employment, health,
substance abuse, education, or food, including staff necessary to provide such services. Grant amounts provided
may be used to provide essential services only if—
a. The service is (a) a new service, or (b) a quantifiable increase in the level of essential services provided
with local funds during the 12 months before the Contractor received its initial ESG grant and that now may
complement those services contained in 1 and/or 2 immediately above; and
b. Payment of shelter maintenance, operation, (including rent, but excluding staff), insurance, utilities, and
furnishings.
ESG funds may not be used for activities other than those authorized. For example, ESG funds may not be used
for: •
1. Acquisition or construction of an emergency shelter for the homeless;
2. The cost of staff involved in overseeing the operation of the shelter;
3. Rehabilitation services, such as preparation of work specifications, loan processing, or inspections.
Regarding the provision of public services with ESG funds, the Contractor agrees that, any ESG funds provided to
a religious or denominational institutional or organization or an organizational operated for religious purposes which
is supervised or controlled by or in connection with a religious or denominational institutional or organization shall:
1. Not provide religious instruction or counseling, conduct religious worship or services, engage in religious
proselytizing or exhort religious influence in the provision of public services; and
2. For the portion of a facility that is used to provide public services in whole or in part, not contain sectarian
or religious symbols or decorations.
ESG funds to renovate, rehabilitate, or convert buildings owned by pervasively religious organizations can be
provided under the following conditions:
EXHIBIT A
Page 1 of 2 Pages
EXHIBIT A - Cont. / Weld County
890550
1. The building (or portior, ereof) that is to be improved with ESG assi, ice has been leased to an existing
or newly established wholly secular entity (which may be an entity established by the religious organization);
2. The ESG assistance is provided to the lessee (and not the lessor) to make the improvements;
3. The leased premises will be used exclusively for secular purposes available to all persons regardless of
religion;
4. The lease payments do not exceed the fair market rent of the premises as they were before the
improvements were made;
5. The portion of the cost of any improvements that also serve a non-leased part of the building will be
allocated to and paid for by the lessor;
6. The lessor enters into a binding agreement that, unless the lessee, or a qualified successor lessee, retains
the use of the leased premises for a wholly secular purpose for at least the useful life of the improvements,
the lessor will pay to the lessee an amount equal to the lessee the residual value of the improvements;
7. The lessee must remit the residual value of the improvements referred to in #6. above to the State; and
8. The lessee may also enter into a management contract authorizing the lessor religious organization too
operate the facility, including the provision of essential services, in carrying out the secular purpose. In such
case, the religious organization must agree in the management contract to carry out its contractual
responsibilities in a manner free from religious influences.
B. Project Budget
Total CostESG AmountMatch Amount
Operational $20,000 $20,000
TOTAL $20,000 $20,000 $20,000*
*The Contractor shall certify, accordance with the provisions of Paragraph 250) that it will match the ESG amount
of $20,000 with an equal amount of local funds in the form of cash and/or-in-kind contributions.
The Contractor agrees to provide funds to two subgrantees, Catholic Community Services (Guadalupe Center) and
Greeley Transitional House in the amount of $10,000 per subgrantee.
Interim payments are to be made upon submission of appropriate documentation which is detailed in the
Department's Financial Management Manual. The Contractor can request funds as needed.
C. Time of Performance
The project effective date is July 1, 1989. The project shall commence upon execution of this contract and shall
conclude on or before June 30, 1990, unless otherwise extended by mutual agreement upon written justification
received by the Division of Housing 30 days in advance of the expiration date.
D. Contract Monitoring
The State will monitor the Project on an as needed basis. Monitoring would be conducted by the Department of
Local Affairs, Division of Housing.
E. Reporting Schedule
The Contractor will submit quarterly financial status and program reports detailing the progress of the Project.
There will also be a final financial and program report submitted within 30 calendar days after the completion of
the Project. Interim and final financial reports must be submitted in accordance with the Department's Financial
Management Manual, revised February 1988.
Program reports will be submitted in the format prescribed by the Division of Housing.
s
EXHIBIT A
Page 2 of 2 Pages
Exhibit A - Cont. / Weld County
830550
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