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Home My WebLink About960955.tiff RESOLUTION RE: APPROVE FIRST AMENDMENT TO 1995-96 HOME CONTRACT WITH COLORADO DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF HOUSING, AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with the First Amendment to the 1995-96 HOME 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, Division of Housing, extending said contract to August 31, 1996, with further terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, ex-officio Housing Authority Board, that the First Amendment to the 1995-96 HOME 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, Division of Housing, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of May, A.D., 1996. BOARD OF COUNTY COMMISSIONERS L�� WE D COUNTY, COLORA,DO Pita? _ r747 Barbar J. Kirkmeye Chair Y8G1 • 0 ty Clerk to the Board ‘VIi L�`1 N /George/E./Baxter, Pro-Tem Deputy Cl: to the Board FXCI ISFr) Dale K. Hall APP AS TO FORM: FXCI1SFr) Constance L. Harbert unt ttorney W. H.Webster 960955 �� ; NHS rill rb. HA0016 Department or Agency Number NAA Contract Routing Number 6/4117 HOME#94-042 FIRST AMENDMENT THIS CONTRACT, made this n day of �/ja , 1996, by and between the State of Colorado for the use and benefit of the De ment of Local Affairs, Division of Housing, 1313 Sherman Street, Room 323, Denver, Colorado 80203, hereinafter referred to as the State, and Weld County. Post Office Box A. 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 WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the parties heretofore entered into a Contract dated the 15th day of May, 1995, hereinafter called the Original Contract, for the performance of services and work, in consideration for HOME Investment Partnership Program Funds; and WHEREAS, the Contractor has experienced difficulty in finding qualified tenants for their rental rehabilitation program; and WHEREAS, the Contractor has requested a reduction of funds from rental rehabilitation and a transfer of funds to owner-occupied rehabilitation activities to complete the Contract; and WHEREAS, the Contractor requests an extension of the Contract to August 31, 1996 in order to complete the projects; NOW THEREFORE, it is hereby agreed that: 1. Paragraph 1 of the Scope of Services of the Original Contract is deleted and replaced by the following: 1. Project Description and Objectives. Weld County Housing Authority (WCHA) will rehabilitate 13 single family owner-occupied units and one rental unit in Weld County, excluding the City of Greeley. HOME funds will be used for rehabilitation of the units. Page 1 of 4 Pages 9609 )0 2. Paragraph 16 of the Scope of Services of the Original Contract is deleted and replaced by the following: 16. Project Budget& Eligible Activities. Total Project Activities Project HOME Cost Funds Amount Source Owner Occupied $237,416 $105,556 $87,860 FMHA HPG Rehabilitation 36,000 WCHA RLF 8,000 Larimer Wx Rental Rehabilitation 59,300 39,800, 14,000 Property owners 5,500 WCHA RLF General 13,110 2.140 FMHA HPG Administration 1,500 WCHA RLF 9,470 WCHA Total $309,826 $145,356 $164,470 • 3. Paragraph 17 of the Scope of Services of the Original Contract is deleted and replaced by the following: 17. Time of Performance This Contract shall be effective upon full and proper execution. The Contract shall expire on August 31, 1996. 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 August 31, 1996, and shall include a full justification for the extension request. 4. This amendment shall be effective upon full execution. 5. Except as herein amended, all other contract provisions shall remain in full force and effect. 6. In the event of any conflict, inconsistency, variance or incongruity between provisions of this Contract Amendment or any of its attachments or exhibits, and any of the provisions of the Original Contract, or its attachments or exhibits, the provisions of this Contract Amendment shall in all respects supersede, govern and control. Page 2 of 4 Pages 43609 :5 • 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 practices(CRS 24-34-402).and as required by Executive Order,Equal Opportunity and Affirmative Action,dated April 16. 1975.Pursuant thereto,the following provisions shall be contained in all State contracts or tut-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 handiap,or age.The contractor win take affirmative action to insure that applicants are employed,and that employees are rested 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 advenisings;layoffs or terminations;rates of pay or other fonds 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 mica 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 die labor union or workers'representative of the contractor's commitment under the Executive Order,Equal Opportunity and Affirmative Action,dated April 16. 1975.and of the rules,regulations,and relevant Orders of the Governor. (d)The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books,records,and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders. (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 1/93 395-53-01-1022 page 3 of 4 pages °C 0C-. (g)In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules.regulations,of orders. this contract may be canceled,terminated or suspended in whole or in pan and the contractor may be declared ineligible for further State contacts in accordance with procedures.authorized in Executive Order.Equal Opportunity and Affirmative Action of April I6. 1975 and the rules,regulations,or orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16. 1975,or by rules,regulations,or orders promulgated in accordance therewith,or as otherwise provided by law. (h)The contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor purchase order unless exempted by rules,regulations,or alas issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April l6,1975.so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any subcontracting or purchase order as the contracting agency may&reel,as a means of enforcing such provisions,including sanction 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 do 102 for preference of Colorado labor are applicable to this contract if public worts 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(amigo 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 die State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution,and enforcement of this eoatract.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 aid laws,rules,and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by reference which purports so negate this or any other special provision is whole or in part shall be vslidoreaforceable or available in any action at law whether by way of complaint. defence,or otherwise.Any provision rendered hull 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. • S.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.The signatories aver that they am familiar with CRS 18-8-301,a.seq.,(Bribery and Corrupt Influences)and CRS 18-8-401.a.seq.,(Abuse of Public Office). and that no violation of such provisions is present. It 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- Contr,anr: Weld County (Fall Legal Name) Weld County. Colorado STATE OF RAW ROY R ,.,c:=r►.. ta• Berard of fommissioners R,GO RNOR SteBy Ttate Chair 05/29/96 for the-sexvctmve 84-600f813 ♦ P J R DEPARTMENT \ rhf to I� � of Local Affairs !1 By J . �. .� � ♦ I. - /. .il r 17 - to l;and APPROVALS ATTORNEY GENERAL CONTROLLER By By Font 6-AC-02C Revised 1193 Page 4- which is the last of 4 pages 3n63-0t-1030 'Sec instructions on reverse side. F„ WELD COUNTY HOUSING AUTHORITY 1. ,� (-� „ -. PRONE(303)352-1551 P.O. Box A GREELEY,COLORADO 80632 COLORADO TO: Barbara J. Kirkmeyer, Chair, Board of County Commissioned FROM: Judy Griego, Director, Department of Social Service U SUBJECT: Amendment to 1995/96 HOME Contract DATE: May 22, 1996 As discussed at the Housing Authority Work Session of May 20, 1996, we have received the Amendment to the HOME Contract for 1995/96 which transfers $34,000 from the Rental Rehabilitation program to the Single Family Owner Occupied program. The Amendment also extends the program deadline to August 31, 1996. Staff is recommending Board approval of the Amendment to the 1995/96 HOME Contract. If you have any questions, please telephone me at 352-1551, Extension 6200. 960955 Hello