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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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982268.tiff
RESOLUTION RE: APPROVE COLORADO HOUSING GRANT CONTRACT FOR CATHOLIC CHARITIES NORTHERN AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Colorado Housing Grant Contract for Catholic Charities Northern 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, with 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, ex-officio Housing Authority Board, that the Colorado Housing Grant Contract for Catholic Charities Northern 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 contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of November, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WE i COUNTY, COLORADO ATTEST: 4411 ��G✓�T �l�siJ i s � e Constance L. Harbert, Chair Weld County Clerk to ib oalyd , p ) pip 1 �.�111`CiI,C�S _ - ' W. ebs er, Pro-Tern BY: et, 7 Deputy Clerk to the Bo cfi/ Borg E. Baxter APPR'VED AS TO FORM: �� ;� Dale K. HA — or iPtit�/yGr� < f County Attorney _ ' _ ,i, iaAyj,c J arbara J. Kirkmeyer 0 982268 HA0018 0 ies TO: Constance L. Harbert, Chair, Board of County Commissioners 111Ik FROM: Judy Griego, Director, I epartment of Social Services J{ COLORADO SUBJECT: Housing t C tract t n b:.alf of Catholic Charities Northern DATE: November 2, 1998 In June, 1998, the Board approved the sponsorship of Catholic Charities Northern's application for the development of a seasonal farm worker housing project: in Greeley. This decision was based on a grant award of$300,000 to Weld County with the understanding that a three percent loan amortized for a 33 year period will be provided to Catholic Charities Northern and Community Services Farm Labor Housing Corporation. Weld County Housing Authority will service the loan. Loan repayments from Catholic Charititeis will be used for future development of farm worker housing. If it is determined that there is no need for additional farm worker housing, the revolved funds will be used for rehabilitation and replacement loans in Weld County. Weld County has now received the Housing Grant Contract from the Colorado Divison of Housing. They have asked that the Contract be signed and returned within six working days. Staff is recommending approval of the Housing Grant Contract on behalf Catholic Charities Northern. If you have any questions, please telephone me at 352-1551, Extension 6510. 982268 Form 6-AC-02A(R 2/97) HDG#95-0165 DEPARTMENT OR AGENCY NUMBER NAA • CONTRACT ROUTING NUMBER STATE OF COLORADO HOUSINGgpGRANT CONTRACT nzt - THIS CONTRACT, Made this 661day of nifi)-007,befl. 1998, by and between the State of Colorado for the use and benefit of the DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF HOUSING, 1313 Sherman Street,#518, Denver,Colorado 80203, hereinafter referred to as the State, and Weld County, Post Office Box 758, Greeley, Colorado, 80632, hereinafter referred to as the Contractor. WHEREAS,authority exists in the Law and Funds have been budgeter', appropriated and otherwise made available and a sufficientunencumbered balance thereof remains available for payment in Fund Number , Appropriation Code , Org. No. , GEIL No. , Contract Encumbrance Number H9HDG950165 ; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, in accordance with 24-32-705 C.R.S. 1973, as amended, the State is empowered to provide funds to public and private non-profit entities to induce at least equal non-State investments for the construction, rehabilitation and acquisition of housing for low-income families and persons; and WHEREAS, the Contractor is one of the political subdivision, public or private non-profit entities organized under the law of the State of Colorado as a non-profit corporation in good standing in the State of Colorado with federal income-tax exempt status and eligible to receive State funds; and WHEREAS,certain physical conditions exist in houses located in the State of Colorado, which pose danger to the health, welfare, and safety of low-and moderate-income occupants; and, WHEREAS, The Division of Housing 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 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. 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-chargeof 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 Ten 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 no later than the termination date set forth in the Scope of Services. 4. Definition of Eligible Beneficiaries. Eligible beneficiaries are defined for the purposes of this Contract, as those persons whose household income does not exceed 80% of the area median income,as set forth in the Exhibit B, which is attached hereto and incorporated here in by reference, or as subsequently promulgated in writing by the State. 5. Fair Housing Provision. The Contractor agrees to comply with the letter and spirit of the Colorado Fair Housing Act of 1959, as amended, and other applicable laws respecting discrimination in the showing, renting, leasing or sale of housing or vacant land, including trailer spaces, duplexes and private homes. The law prohibits discrimination based on race, creed, color, sex, national origin, ancestry, physical handicap and marital status. 6. Compensation and Method of Payment. State shall pay to Contractor a total amount not to exceed Three Hundred Thousand and NO/100 Dollars($300.0001.. Payment of funds for approved program activity(ies) shall be made upon written request from Contractor using the State-provided form. Contractor may request payment for reimbursement of actual eligible expenditures or for eligible obligated expenses.Contractor shall maintain and submit documentation that said expenses existed at the time of request. No part of said State share shall be used for program planning, development or administration.The method and time of payment shall be made in accordance with the "Payment" set forth herein. The proposed total funding for said program to provide adequate housing for low and moderate income households is approximately Three Million Five Hundred Thirty Eight Thousand Three Hundred Sixty Seven and NO/100 Dollars ($3.538.367), of which the State share is Three Hundred Thousand and NO/100 Dollars ($300,000), and Contractor non-State matching share is approximately Three Million Two Hundred Thirty Eight Thousand Three Hundred Sixty Seven and NO/100 Dollars ($3,238,367). In no event shall Contractor non-State matching share be less than State share. If Contactor non-State matching share is less than State share, the State share shall be reduced to amount of available contractor non-State matching funds. 7. Financial Management.At all times from the effective date of this Contract until completion of this Contract,the Contractor shall establish and maintain,as a separate set of accounts,or as an integral part of its current accounting system, accounts for the Project to assure that Project funds including State funds, matching and other funds,are expended and accounted for in a manner consistent with this Agreement and State Law, including Section 24-75-601 through 605 Colorado Revised Statutes, as amended. 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 Housing Development Grant(HDG) 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 financial management requirements,program objectives,contractual terms,or reporting requirements. Page 2 of Ten Pages c) The State may 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 reports and performance report information. 9. Audit. The State or other appropriate government agency,or any person designated by such agency, shall have the right to audit said project's construction account and/or project's operating account. This audit right shah exist for a period of two years after the contract termination or the final payment is made on the contract. 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 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 and no such personnel are eligible for any employees benefits, unemployment compensation or any other benefits accorded to state employees and Contractor agrees to indemnify the State for any costs for which the State may be found liable in these regards. Contractor shall pay when due all required employment taxes and income tax withholding. All of the services required hereunder will be performed by the Contractor or under his supervision. The Contractor is responsible for providing Workmen'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 Workmen'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. 12. 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. 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 Division of Housing Development Grant funds provided to the Divison for the purpose of contracting for the services provided for herein,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 Division of Housing.In the event that such funds or any part:hereof are not received by the Division of Housing,the Division may immediately terminate or amend this Contract. Page 3 of Ten Pages b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and prope-manner his 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 HDG 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 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-pocketexpenses(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 13b hereof relative to termination shall apply. 14. 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 shall be incorporated into and be part of this Contract as if fully set forth herein. b) Programmatic or Budgetary Modifications. This Contract has a simplified Change Letter Procedure for modifying this Contract. The Change Letter Procedure must be used: i) when the cumulative budgetary changes exceed Five Thousand Dollars ($5,000), unless otherwise specified in the Scope of Services; ii) when the scope, objective or completion date of the Project changes as determined by the Division of Housing; iii) when additional or less State funding is needed; and, iv) when the addition of other activities are proposed. Page 4 of Ten Pages Under such circumstances,the Division'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 2, Responsible Administrator; Paragraph 6, Compensation and Method of Payment; 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 20.d. d) Other Modifications. If either the State or the Contractor desires to modify the terms of this Contract ether 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. 15. 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 and approved pursuant to applicable law. 16. Reports. Unless otherwise provided in the Scope of Services, the following reporting requirements apply: a) Financial Reports. The Contractor shall submit to the Division three (3) copies of Financial Status Reports in the manner and method prescribed by the Division in the scope of services set forth in Exhibit A. • b) Performance Reports. The Contractor shall submit to the Division two (2) copies of Summary Beneficiary Report in a manner and method prescribed by the Division in the scope of services set forth in Exhibit A. c) Project Completion Report.Within ninety (90) days after the completion of the Project or the final draw whichever is later, the Contractor shall submit one (1) copy the Project Completion Report, and three (3) copies of the Final Financial Status Report on forms provided by the Division of Housing. Page 5 of Ten Pages 17. 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 HDG 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 thereto, 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 HDG 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 HDG 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: 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 the affected person has withdrawn from his or her functions or responsibilities,or the decision making process with respect to the specific HDG 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 b); Page 6 of Ten Pages 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 s,gnificant 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 HDG 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. 18. Election not to Grant. Notwithstanding any other provision hereof,the Division of Housing may elect not to make payment on the grant if: a. Contractor shall have made any misrepresentations of a material nature in its application for the grant,or in any supplement thereto, or in this contract, or in any document furnished by it, to the Division of Housing relative to the initiation of the project; b. There is pending or threatened litigation with respect to the grant or the performance by the Contractor of any of its duties or obligations hereunder which may jeopardize or adversely affect the initiation of the project; c. Contractor does not strictly comply with any provisions of this contract, the Act, the Guidelines, and/or the Policies and Procedures of the Division of Housing; and, d. The project, in the opinion of the Division of Housing,cannot proceed because of the inability to continue or complete land options or agreements, or secure zoning, or due to any action by any branch of government which impairs the use of the project for the proposed project purposes. 19. Approvals. Contractrshall obtain all necessary public approvals, including zoning, building, health and fire approvals, for use and occupancy of said property for said purpose. 20. Competitive Bids. All construction or rehabilitation work undertaken with State funds shall be competitively bid unless otherwise authorized by the State. Page 7 of Ten Pages 21. Hold Harmless. Contractor, in consideration for State's promises herein set forth, promises to indemnify, save and hold harmless and defend State, and all of its employees and agents, acting officially or otherwise, from any and all liability, claims, demands, actions, debts and attorney fees arising out of, claimed on account of, or in any manner predicated upon loss or damage to the property of and injuries to, or death of all persons whatsoever, which may occur, or is sustained in connection with the performance of this contract,or by conditions created thereby,or based upon any, violation or any statute, ordinance, or regulation, and the defense of any such claims or actions. 22. Non-Discrimination. The Contractor shall comply with all applicable State and Federal laws, rules, regulations and executive orders of the Governor 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 Governor for assistance in complying with the non-discrimination and affirmative action requirements of this contract and applicable statutes. 23. Survival of Provisions. Notwithstanding any termination of this contact, the survival of provisions 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. G'.\U SR\SPICASO\H DG\950165.H DG Page 8 of Ten Pages 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 n compliance with CRS 38-26-106. INDEMNIFICATION 4. To the extent authorized by law,the cortractor 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 195.7, 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 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: (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 advertisings; 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 prodded by the contracting officer setting forth provisions of this non-discrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employment without regard to race, creed,color, national origin, sex, marital status, religion, ancestry,mental or physical handicap, or age. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975,and of the rules, regulations, and relevant Orders of the Governor. (d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto,and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (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 9 of 10 Pages (g) In the event of the contractor's non-coniN,ia with the non-discrimination clauses of this conk,._. •th any such rules, regulations, or orders, this contract may be canceled,terminated or suspe in whole or in part and the contractor may be decl. neligible for further State contracts in accordance with procedures,authorized in Execu„✓e Order, Equal Opportunity and Affirmative Action of r,pril 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 8 102 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 (Full Legal Name) Weld County Board of Commissioners STATE OF COLORADO -1 i � � ��.�,�J �� ��_ ROY ROMER,GOVER ,Ft /+ C� / Constance L. Harbert (1i1J3/9/L By. '/ i" L . -„4 ACTING ExECu DIRECTOR, JERRY SMITH Position (Title) Chair 84-6000-813 • s.�si se rynomenmreaaa io Hu e / 1f�J r DEPARTMENT )' ., /�)1 OF Local Affairs zoen�// 1N..�.s 11 J (If Corporation:) t,�. bij_`v J.\ Attest(Seal) r r>,'( '2 - --�' APPROVALS C • c By ' `_ -Yly�i= l- STATE CONTROLLER Deputy Clerk to the { /1, ,...,-'�.s,.4 C_(s �1� Clifford W. Hall k\7 h PRE-AP VED RM/F/OgNTRACT REVIEWER By • '� �c> ,c � c Jcc t. By /le �qiL L f 2 �� Rose Marie Auten ` Form -AC-02E Revised 7/97 395-53-01-1030 Page 10 which is the last of 10 Pages • HDG# Rev. 2/97 HDG CONTRACT CHANGE LETTER# THIS CONTRACT CHANGE LETTER NUMBER # made this day of , by and between the State of Colorado for the use and benefit of the Department of Local Affairs 1313 Sherman Street, Denver. Colorado 80203 hereinafter referred to as the State, and 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 , Appropriation Code Number _, Org. Unit , GBL_ , Contract Encumbrance Number ; and WHEREAS, this Change Letter modifies Contract# , Routing# , dated , and both the State and the Contractor are agreeable to this contract modification, THEREFORE, this Contract is changed as follows: Paragraph 2, Responsible Administrator in the Original contract is modified by deleting " Name " and inserting in lieu thereof" Name . Paragraph 6, Compensation and Method of Payments in the Original Contract is modified by deleting "_ Amount " and inserting in lieu thereof" Amount '. Exhibit A, Scope of Services, 1. Project Description, Objectives, and Requirements, is modified as follows: { sentence to paragraph #} {paragraph after paragraph#}. [Add sentence/s, Delete sentence/s, Retype Scope] Exhibit A, Scope of Services, 2. Administrative Requirements, is modified as follows: [Retype paragraph] Exhibit A, Scope of Service, 4. Time of Performance, is modified by deleting " Date " and inserting in lieu thereof" Date '. Exhibit A, Scope of Service, 5. Budget, is modified as follows: [Retype complete budget] Exhibit A, Scope of Service, 6. Payment Schedule, is modified as follows: [Retype complete payment schedule] Exhibit A, Scope of Service, 7. Reporting Schedule, is modified as follows: [Retype complete reporting schedule] By affixing their signatures to this change letter, both the State and the Contractor expressly acknowledge that all of the terms and conditions of the Original Contract remain unchanged except for those terms and conditions modified by this Change Letter# and all previous changes. Both parties also expressly understand that this Change Letter# is incorporated into the Original Contract. Page 1 of Pages This Contract Change Letter Number# is intended to be effective as of date , but in no event shall it be deemed valid until it shall have been approved by the State Controller or such assistant as he may designate. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. Contractor: (Full Legal Name) STATE OF COLORADO ROY ROMER, GOVERNOR BY ACTING EXECUTIVE DIRECTOR,JERRY SMITH Position(Title) Social Security Number or Federal ID Number DEPARTMENT OF LOCAL AFFAIRS (If Corporation:) Attest(Seal) BY Corporate Secretary,or Equivalent,TowniCounly Clerk APPROVALS PRE-APPROVED FORM CONTRACT REVIEWER STATE CONTROLLER Clifford W. Hall BY BY Rose Marie Auten Page 2 of Pages EXHIBIT A Scope of Services EXHIBIT A SCOPE OF SERVICES WELD COUNTY- HDG 95-016S 1. PROJECT DESCRIPTION AND OBJECTIVES. This project will fund the construction of Plaza de Milagro, a 40 unit, low-income rental facility for the farm worker population in Greeley. The project will be developed by Catholic Charities and Community Services Farm Labor Housing Corporation. The Housing Development Grant funds will be used solely for costs associated with the construction of the 40 dwelling units. Thirty of the units will be three bedroom and ten of the units will be four bedroom. Twenty- eight of the units will be allocated for year-round farm workers and twelve will be allocated for migrant workers. During the off-season,these twelve units will be made available as short term transitional housing. The site is five acres and the residential units will be 40,720 square feet. The project also includes a 3,700 sq. ft. community building and a day care center. All of the units will remain permanently affordable to households at 133%of the federal poverty level and 50% of the AMI. All of the units will have rental assistance through Rural Development. All funds from this contract will be in the form of a grant to Weld County who will then loan the full amount, ($300,000) to Catholic Charities and Community Services Farm Labor Housing Corporation (CCCS). The loan will be at 3% interest for a 33 year term and amortization. There will be no origination fee. Repayments to Weld will be used for future development of farm worker housing. If it is determined that there is no need for the development of additional farm worker housing then the revolved funds will be used for Housing Rehabilitation and Replacement loans in Weld County. 2. LOW AND MODERATE INCOME BENEFIT. All 40 units will be dedicated for use by individuals and families at 50% and below the AMI and 133% and below of the Federal Poverty Level. 3. CONTRACT ADMINISTRATION. Weld County shall be responsiblefor administrationof this contract. Weld County will develop the loan contract with CQCS that is consistent with the requirements of this contract funding. 4. CONTRACT MONITORING. The Division of Housing will monitor this project. The Contractor will be monitored for compliance with the terms and conditions of this Contract. 5. CONSTRUCTION STANDARDS. Upon completion, the facility will, at a minimum, meet the HUD Section 8 Housing Quality Standards for Existing Housing contained in 24 CFR 882.109,incorporated by reference, the Model Energy Code of 1992 (n.c. only) and all applicable local and state building codes and standards. Page 1 of 4 Pages • 6. PROJECT ACTIVITIES Prnlart Cnet Hr1C.Fundc llthor Ftmde Land Acquisition $128,000 $78,335 Greeley HOME $49,665 Utility,tap, impact fees and water $283,091 $235,509 Greeley HOME/CDBG rights 47,582 RD Arch./Eng.Fees $130,700 $24,100 RD Survey& Soils test $21,500 Weld County • $85,000 FHLBB-AHP Construction(incl. Infrastructure, 2,327,296 $300,000 1,878,123 RD landscaping and contingency) 113,831 Greeley HOME&CDBG 13,359 Archdiocese 21,983 Cath.Charities Community facility and day care 444,390 114,641 Archdiocese 213,705 RD 116,044 Cath.Char. Furnishings 72,000 72,000 RD 0& M Capital Res 71,240 71,240 RD Acct/Legal&Title 23,250 23,250 RD Developer's Fee/Tech. 42,000 42,000 RD Assistance 16,400 16,400 Weld County Administration (incl Staff, audit, recording & market study • TOTAL $3,538,367 $300,000 $3,238,367 7. TIME OF PERFORMANCE The Project shall commence upon the full and proper execution of this Contract and shall be completed on or before November 30, 1999 . 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 Contractorat least sixty (60)days prior to November 30 1999 and shall include a full justification for the extension request. 8. REPORTING SCHEDULE The Contractor shall provide the following reports to the Department of Local Affairs, Division of Housing: A. Financial Reports. One(1)copies of the quarterly Financial Status Reports shall be submitted within 20 calendar days of the end of the calendar quarter. These reports must be submitted on forms provided by the Division of Housing. No requests for payments shall be processed if the Contractor has not submitted these quarterly reports; B. Performance Reports. Two (2) copies of the quarterly Summary Beneficiary Report shall be • submitted within 20 calendar days of the end of the calendar quarter. These reports must be • submitted on forms provided by the Division of Housing and no requests for payments shall be processed if the Contractor has not submitted these quarterly reports; Page 2 of 4 Pages C. Project Completion Report. Within ninety (90) days after the completion of the Project or the final draw whichever is later,the Contractor shall submit one(1)copy the Project Completion Report, and two (2) copies of the Final Financial Status Report on forms provided by the Division of Housing. D. Project Photographs. At the time of Project Close Out send before and after photographs of the project in either 35mm slide or print negatives. If the format you choose is print negatives also send prints of the pictures. 9. SPECIAL PROVISIONS A. Affordability-Rental To insure the housing is affordable to low-income persons, all 40 rental units must have rents that will remain affordable to individuals and families at or below 50% of the AMI. The maximum rent that may be charged for a three bedroom apartment is $536.00. The maximum rent that may be charged for the four(4) bedroom units is $598.00. These maximum rents include utilities or a utilities allowance if utilities are not included in the rents. Regardless of changes in fair market rents and in median incomes,over time the qualifying rents are not required to be lower than fair market rents for the project in effect at the time of contract execution. Area median incomes and Fair Market Rents are annually adjusted by the Department of Housing and Urban Development (HUD). Rent and income levels must be reviewed annually by the Contractorfor compliance with the above requirements. B. Long Term Affordability. The Contractor shall ensure that all 40 units in the Project continue to be used to provide housing for low and moderate income persons at affordable rents in perpetuity. New Construction units must remain affordable in perpetuity. C. Tenant Participant Protections. The Contractor agrees that the term of lease agreements with tenants of the facility shall be no shorter than one year. Leases may not contain any of the following terms, or clauses: 1. agreement by the tenant to be sued, or admit guilt, or agree to a judgment in favor of the owner in a lawsuit brought in connection with the lease; 2. agreement by the tenant that the owner may take, hold, or sell personal property of household members without notice to the tenant and a court decision on the rights of the parties; 3. agreement by the tenant not hold the owner or the owner's agents legally responsible for any action or failure to act, whether intentional or negligent; 4. agreement of the tenant that the owner may institute a lawsuit without notice to the tenant; 5. agreement by the tenant that the owner may evict the tenant or household members without instituting a civil court proceeding in which the tenant has the opportunity to present a defense. or before a court decision on the rights of the parties; 6. agreement by the tenant to waive any right to a trial by jury; 7. agreement by the tenant to waive the tenant's right to appeal,or otherwise challenge in court, a court decision in connection with the lease; 8. agreement by the tenant to pay attorney's fees or other legal costs even if the tenant wins a court proceeding by the owner against the tenant. Page 3 of 4 Pages 10. REPAYMENT OF GRANT FUNDS A. The Contractor shall repay the full amount of any State Housing Development Grant funds provided if it fails to develop and permanently utilize Plaza de Milagro for residential low-income housing in perpituity. B. In the event of voluntary or involuntary disposition of Plaza de Milagro,the Contractor must repay the amount of State housing grant funds provided to the extent that the funds are available for repayment. At the State's discretion,such repaid funds may be transferred to one or more public housing entities or private nonprofit corporations. C. If Plaza de Milagro is permanently used for residential low-income housing,the Contractor will not be required to repay any portion of the State housing grant funds provided under this Contract. 11. Deed Restriction. A. Restrictions regarding the use of the structure will be contained in a deed restriction recorded in the land records of the jurisdiction in which the property is located. A copy of this recorded document must be sent to the Colorado Division of Houisng at 131:3 Sherman St, Suite 518, Denver, Colorado 80203. B. The deed restriction, required in paragraph C.1. above, must state that the owner and his or her successors, assigns, heirs, grantees or lessees shall: 1. maintain at least 40 units at the property for residential low-income housing in perpetuity. 2. if the property is not permanently used for residential low-income housing for,the Contractor, his or her successors and assignees, heirs, grantees, or lessees shall be required to repay the full amount of the grant funds to the State, unless the State authorizes the transfer of repaid funds to one or more public housing entities or private nonprofit corporations. Page 4 of 4 Pages EXHIBIT B Definition of Moderate. Low and Very Low Income Households and Persons C o 00 C: 0 0000 0000 0000 C 000 0000 0000 o O O )r. in O O m m 0000 0000 C O O in COOLS, 0000 m .- N O N O N V Mt- NO _ NO N 0) N V t O N t N O N V m m m O Q. m t (C' N 0 0 0 CA NY O N O O w .- 0 m O O N O M O) O M O t M N t M N . O t M N t CA N .- t M N t- t M N .- O t t N N N • O a m c m 0 COCO 0000 0000 0000 0000 0000 0000 M 0000 O t o o 0000 0 ,400 O t o 0 o t O O In N o W N t R' n n O N 0 0 N t N n N O N 0 n O N 0 n O N 0 .- 0 0 t a O t 0 m t t m t O m t t m m t t m 0) t t O O M M N LO t M N M N N N .- In t M N M N N N .- M N N .- M N N .- O t M N C y E. O 0U0 N C ia U C O 0000 0 o O o 0000 0000 O O o 0000 0000 E 0000 NOu OO NN0m NNOO ONOr ONOw OMNOHm d nNtN - OfNNmt Nr- OO Nr- OO N OO O a .- mNm OMMr- mnNM MNN CANO LOMMe mNNM CONNM ONNM MNN .- mNN ,- M N N .- m t M N 0 O J a o W 0 2 m O z a C 0000 0000 0000 0000 0000 0000 0000 Co C m ONO O 0000 O N O O 0 CO to to O CO to m 0 CO to to O O to to d -- .- .- O N N O O 0 N N O O N N O W N N O O m m t t c C0 a m O O m M u0 . N m 0 0 m M O .- N M in .- N Min r- N (0000 OM O t M M - M N N . t M C0 .- M N N .- MNN O MNN .- t t M N 00 w U O c O M 00 Z y c O 0000 0000 0000 0000 0000 0000 0000 d CO ON OO 0000 )n N u') O 0000 0000 0000 O mO to N `ry In t m N N C0 )n N In t m 0 N t In N N O O n N t t0 N M m l0 m M O a t M n O CO M . . t M N O CO N O) . M CA . fl m M .. In N e O7 M J m t t co N - M N .- t m N .- m N e- t- MN - - CA N ,- .- t M M ,- M CO (0 a > w w t `m > C x J - J to m 0 0000 0000 0000 0000 0000 0000 0000 -CDO m u) O o O O O O m m m O m O O 0 0 m 0 O m O w O m o m C J O � o00 .- o )n in 000 .- O (nin � 0 )n )n r• 0LU )n Not 0 d 0000 0 .- NO 0 0 O 0 CO .- NO 0 - NO (0 - NO 0 Nt co n em M t M N - N N .- . t M N .- N N t- N N .- .- CNN ,- .- t M N . 046 Co 0 e W m O 0000 000 0000 0000 0000 000 0000 O m 0000 m N O 0 0000 m N O ONO ONO O m O O O w S m m n M M OI N m m m n M M 0 N m 0 ONO m M N m W N m N C a In m N m t m m m )O O N M t m O M t m m M t m O M 0000 N M N N .- N .- .- M N N .- N m N m N .- , m O M M N .- U m Z_ U 0 O U - ¢ o 0000 0000 0000 000 0 0000 0000 0000 000 O N O O0 > : 0000 mmO 0000 0mO 0 m m 000 Li. m NtON mMO0 NtinN mMmN mMm mMON NO .- N a - MM .- .- OMN .- Mm ,- .- OMmJ- OMN OM ,- ONm N .- .- M N - . mm MN , .- M N N cw a o o 0 J O 0 0 0 0 0 0 U m 0 0 0 0 0 0 0 Z a n t N 0 t n - o In N to n m m m 2 = m M O M N N O D 2 R e o .,E., 0 3' o 0 a 0 0 0 0 0 0 0 2 O to O 0() O m In p o o o o o , e 0 01 o m o °' 0 01 0 °' o m o m > m m E m m E m m E m m E m m E m m E m m E E ' 8 m E ' 8 m E ' o m E ' 8 0 E ' u m E ' 8 m E ' 8 „ E o m " c « o m c o m n C .. 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O in 0000 . 00 to 0 0 V co N V M N V M N ' V M N O Cr) N C' CO N V Cr) CO .- ' Cr) N c- V CO N C O 0000 0000 0000 0000 0 0 0 0 0 0 0 O O O O O 0000 0000 0000 o NI Oo O N OOO O NC OOO 0000 O of 00 In Cr 00 OO o O O Ct 00 0 CO 0 CO N 0 N to h 0 N In N 0 N 0 h 0 N In N O N l0 Lb CO N O) N O N 0 h O N In 'Cr) O N - co CO 0 N or 0 0 N O CO 0 or C co 0 N V 0 0 or O- 0 co CO 0 CO 0 N Ti- co 0 or y N In M CO r- CO N N r- co N N - M N N H Cr) N Doi t- CO N N .- Cf CO N - co N N -- Cr) N N g 0000 0000 0000 0000 0000 0000 0000 0000 0000 in 0000 N N O 0 O N O 0 O N O in O N O IO 0 N O 0 0 0 0 0 O N O 0 O N O In d N < In N 0 .- 00 N . 0U) N .- 00 N .- 00 N '- 00 N0 or 0 N '- OD in N .- 0 Ln N 0 O N co N N co (O N N M ' CO N N CO 0 N N co CO N N M N r- CO N (O N co M 0 N N M 0 or CO N .- CON N .- CON N .- CI N - el N .- co N N .- or VI CON N coN N .- C O 0000 0000 0000 0000 0000 0000 0000 0000 0000 0000 0 0 0 0 0 0 In to O 0 0 0 O 0 0 0 0 0 0 O 0 0 0 0 O 0 0 to 0 0 O 0 0 0 0 0 NN O CO N N O 0 NN O CO N N in N CO N CON 0 0 N 0 0 0 N O N O d of CON 0 el in N N co In N N M 0 N N M 0 .- N co 0 N CON 0) v v co 0 r- N CO In N N 0 V elN VIN N t- M N N t- CON N r- M N N elN N .- CO N N .- CON N H CO N N • O 0000 0000 0000 0000 0000 0000 0000 0000 0000 ` 0 Ct 0 0 0000 0000 0000 0000 0000 O O 0 0 0000 0000 NLON N at O NN V 0 N Nor 0 N N V 0 N N of 0 N of CON 0 N tf in NN or 0 N d O O In 0 . 0) ,-co .- co 0 ' , CO 0) , r- CO Cr) .- '- 0 0 .- O N N Cr) .- CO 0 r '- M 0 c- R V CON .- M N , - M N . t- M N .' - CON .- .- M N .- .- CO N N - CON . .- M N . c O 0 0 0 0 0000 0000 0000 0000 0000 0000 0000 0000 N In CO O In o O In In o 0 LO In O o In :faU) O 0 (O In o 0 In LO In IO In O O O In In o COO LLOO In a 0 N N N 0 O to N coo In In .- O (n In 0 O In In 0 O In O N 0 O CO 0 O In In 0 0 In In (O N N co co .- N O 0 .- N O CO r- N O CO N N 0 0 N N 0 N N O N W .- N O CO .- N O M M N N r- N N H .- N N .- r- N N H N N .- H N N c- c- CO N N .- N N c- - N N .- .- O 0000 0 0 0 0 0000 0000 0000 0000 0000 0000 0 0 0 CO O N LO O0 0 N 0 0 N 0 0 N 0 0 N 0 0 0 0 0 a 0 0 0 N 0 0 N 0 y 0 or M N Cr) N 0 0 0 N 0 0 0 N 0 0 0 N 0 0 0 N 0 0 . 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