HomeMy WebLinkAbout950939.tiff RESOLUTION
RE: APPROVE COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT WITH
COLORADO DEPARTMENT OF LOCAL AFFAIRS FOR CHILDREN'S CLINIC AND
AUTHORIZE CHAIRMAN 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 Community Development Block Grant
Contract for the Weld County Children's Clinic between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, and the Colorado Department
of Local Affairs, with said project commencing upon full and proper execution of this contract, and
being completed on or before December 31, 1996, with further terms and conditions being as
stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Community Development Block Grant Contract for the Weld County
Children's Clinic between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and the Colorado Department of Local Affairs be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 1st day of May, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, C LO DO
is
ATTEST: i1 '"-A' �• .# Gi2 �.
. AA Dale K. Hall, Chairman
Weld Court,s
r) FXraISFII f)ATF OF SIC-ININC; (AYF}
1-i-t II Barbara J. Kirkmeyer, Pr Tem
BY: a4 - i 1.. . it . !
Deputy Clerk I. the Board 7 yy..-
'6eorge E!Baxter
APPROVED AS TO FO
FXC:I 1SFn
Constance L. Harbert
ouhty Attorne // , l • 1' t �_2, .1_,7
W. H. Webster
950939
e&„ "f FI0020
CDBG - 94-804 DEPARTMENT OR AGENCY
NAA
CONTRACT ROUTING NUMBER
CONTRACT
THIS CONTRACT, made this /5 'day of j� 1995, by and between the State
of Colorado for the use and benefit of the Department of Loca ffairs, 1313 Sherman Street, Denver, Colorado
80203 hereinafter referred to as the State, and the Board of County Commissioners, County of Weld,
P. O. Box 758, Greeley, Colorado 80632 , hereinafter referred to as the Contractor,
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment in Fund Number I CY',
Appropriation Code Number I It , , Org. Unit ii>Ay, , GBL t7S06, Contract Encumbrance Number
C,i ; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS,the United States Government, through the Housing and Community Development Act of 1974
('the Act"), Pub. L. No. 93-383, as amended, has established a Community Development Block Grant ("CDBG")
program and has allowed each state to elect to administer such federal funds for its nonentitlement areas, subject
to certain conditions, including a requirement that the state's program give maximum feasible priority to activities
which will benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight; the
state's program may also include activities designed to meet other community development needs having a
particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the
community where other financial resources are not available to meet such needs. Additionally, the state's program
is subject to a federal requirement that not less than seventy percent (70%) of the aggregate amount of CDBG funds
received by the state shall be used for the support of activities that benefit persons of low- and moderate-income;
and
WHEREAS, the State of Colorado has elected to administer such federal funds for its nonentitlement areas
through the Colorado Department of Local Affairs ("Department"), Division of Local Government, Division of
Commerce and Development and Division of Housing, pursuant to C.R.S. 1973, 24-32-106(1) (d), 24-32-304(2) (j)
and 24-32-705(1) (i); and
WHEREAS,the Department has received applications from political subdivisions in Colorado for allocations
from the federal CDBG funds available to Colorado; and
WHEREAS, the Contractor is one of the eligible political subdivisions to receive CDBG funds; and
WHEREAS, the Department has approved the proposed Project of the Contractor;
NOW, THEREFORE, it is hereby agreed that:
1. Scope of Services. In consideration for the monies to be received from the State, the Contractor shall
do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work elements as
indicated in the "Scope of Service", set forth in Exhibit A, which is attached hereto and is incorporated herein by
reference, and is hereinafter referred to as the"Project". Work performed prior to the execution of this Contract shall
not be considered part of this Project.
2. Responsible Administrator. The performance of the services required hereunder shall be under the
direct supervision of Donald D. Warden , 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.
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
Revised 07/94
Page 1 of 12 Pages
shall be undertaken and performed in the sequence set forth in the attached Scope of Services. The Contractor
agrees that time is of the essence in the performance of its obligations under this Contract, and that completion of
the Project shall occur not later than the termination date set forth in the Scope of Services.
4. Eligibility and National Objectives. All project activities shall be eligible under Section 105 of the Act,
as amended, and all related regulations and requirements. Furthermore, project activities shall meet the following
indicated (with a "X") broad national objective(s), as set forth in Section 104(b)(3) of the Act, as amended, and all
related regulations and requirements:
X Benefit persons of low and moderate income;
Prevent or eliminate slums or blight;
Meet other community development needs having a particular urgency because
existing conditions pose a serious and immediate threat to the health or welfare
of the community where other financial resources are not available to meet such
needs.
5. Obligation, Expenditure and Disbursement of Funds.
a) Prior Expenses. Expenses incurred by the Contractor in association with said Project prior to
execution of this Contract are not eligible CDBG expenditures and shall not be reimbursed by the State.
b) Environmental Review Procedures. Funds shall not be obligated or utilized for any activities
requiring a release of funds by the State under the Environmental Review Procedures for the CDBG program at 24
CFR Part 58 until such release is issued in writing. Administrative costs, reasonable engineering and design costs,
and costs of other exempt activities identified in 24 CFR 58.34(a)(1) through (8) do not require a release of funds
by the State. For categorically excluded activities listed in 58.35(a) determined to be exempt because there are no
circumstances which require compliance with any other Federal laws and authorities cited at 58.5, the Contractor
must make and document such a determination of exemption prior to incurring costs for such activities.
c) Community Development Plan Requirement. Prior to receiving disbursements of CDBG funds from
the State, the Contractor shall identify its community development and housing needs, including the needs of low-
and moderate-income persons, and the activities to be undertaken to meet such needs.
6. Definition of Low- and Moderate-Income Persons. Low-income and moderate-income persons are
defined, for the purposes of this Contract, as:
NA Those persons who are members of low-income and moderate-income families as
set forth in Exhibit B,which is attached hereto and incorporated herein by reference,
or as subsequently promulgated in writing by the State, or
NA Those persons who have been determined by HUD, based upon data of the 1990
Census, to be low- and moderate-income persons.
7. Citizen Participation. The Contractor shall provide citizens with reasonable notice of, and opportunity
to comment on, any substantial change proposed to be made in the use of CDBG funds from one eligible activity
to another by following the same citizen participation procedures required for the preparation and submission of its
CDBG application to the State. The Contractor shall also comply with the procedure set forth herein regarding the
modification and amendment of this Contract.
Additionally,the Contractor shall have and follow a Citizen participation Plan which includes the six elements
specified in Section 104(a)(3) the Act. The Citizen Participation Plan must include a provision for at least one public
hearing during the course of the Project to allow citizens to review and comment on the Contractors performance
in carrying out the Project.
8. Residential Antidisplacement and Relocation Assistance Plan. The Contractor shall follow a residential
antidisplacement and relocation assistance plan which, should displacement occur, provides that:
a) governmental agencies or private developers shall provide within the same community comparable
replacement dwelling for the same number of occupants as could have been housed in the occupied and vacant
occupiable low and moderate income dwelling units demolished or converted to a use other than for housing for
low and moderate income persons, and provide that such replacement housing may include existing housing
assisted with project based assistance provided under Section 8 of the United State Housing Act of 1939;
Page 2 of 12 Pages
CDBG - 94-804
b) such comparable replacement dwellings shall be designed to remain affordable to persons of low
and moderate income for ten (10) years from the time of initial occupancy;
c) relocation benefits shall be provided for all low or moderate income persons who occupied
housing demolished or converted to a use other than for low or moderate income housing, including reimbursement
for actual and reasonable moving expenses, security deposits, credit checks, and other moving-related expenses;
including any interim living costs; and, in the case of displaced persons of low and moderate income, provided
either:
i) compensation sufficient to ensure that, for a five-year (5-year) period, the displaced families
shall not bear, after relocation, a ratio of shelter costs to income that exceeds thirty percent
(30%); or
ii) if elected by a family, a lump-sum payment equal to the capitalized value of the benefits
available under subclause (i) to permit the household to secure participation in a housing
cooperative or mutual housing association;
d) Persons displaced shall be relocated into comparable replacement housing that is:
i) decent, safe, and sanitary;
ii) adequate in size to accommodate the occupants;
iii) functionally equivalent; and,
iv) in an area not subject to unreasonably adverse environmental conditions.
Persons displaced shall have the right to elect, as an alternative to the benefits under this paragraph, to receive
benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended,
if such persons determine that it is in their best interest to do so; and, where a claim for assistance under
subparagraph (d) is denied by the Contractor, the claimant may appeal to the State, and that the decision of the
State shall be final unless a court determines the decision was arbitrary and capricious.
The Contractor shall follow the Residential Antidisplacement and Relocation Assistance Plan except that paragraphs
a) and b) shall not apply in a case in which the Secretary of the U. S. Department of Housing and Urban
Development finds, on the basis of objective data, that there is available in the area an adequate supply of habitable
affordable housing for low and moderate income persons. A determination under this paragraph is final and
nonreviewable.
9. Affirmatively Furthering Fair Housing. The Contractor shall affirmatively further fair housing in addition
to conducting and administering its Project in conformity with the equal opportunity requirements of Title VI of the
Civil Rights Act of 1964 and the Fair Housing Act, as required herein.
10. Recovery of Capital Costs of Public Improvements. The Contractor shall not attempt to recover any
capital costs of public improvements assisted in whole or part with CDBG funds by assessing any amount against
properties owned and occupied by persons of low and moderate income, including any fee charged or assessment
made as a condition of obtaining access to such public improvements, unless;
a) CDBG funds are used to pay the proportion of such fee or assessment that relates to the capital
costs of such public improvements that are financed from revenue sources other than the CDBG program, or
b) for the purposes of assessing any amount against properties owned and occupied by persons of
moderate income who are not persons of low income, it certifies that it lacks sufficient CDBG funds to comply with
the requirements of subparagraph (a) hereinabove.
11. Compensation and Method of Payment. The State agrees to pay to the Contractor, in consideration
for the work and services to be performed, a total amount not to exceed FIVE HUNDRED THOUSAND
AND NO/100 Dollars ( $500,000.00 ). The method and time of payment shall be made
in accordance with the "Payment Method" set forth herein.
Page 3 of 12 Pages
12. Financial Management. At all times from the effective date of this Contract until completion of this
Contract,the Contractor shall comply with the administrative requirements, cost principles and other requirements
set forth in the Financial management section of the CDBG Grantee Handbook, hereinafter referred to as the
"Financial Management Requirements'
13. Payment Method. Unless otherwise provided in the Scope of Services:
a) The Contractor shall periodically initiate all drawdown requests-by submitting to the Department
a-written request using the State-provided form,for reimbursement of actual and proper expenditures of State CDBG
funds plus an estimation of funds needed for a reasonable length of time.
b) The State may withhold any payment if the Contractor has failed to comply with the Financial
Management Requirements, program objectives, contractual terms, or reporting requirements.
c) The State will withhold payment of the final five percent(5%) of the total contract amount until the
Contractor has submitted and the Department has accepted all required quarterly Financial Status Report and
Performance Report information.
14. 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 Account 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 is an annual audit report as required by the Colorado Local Government Audit
Law, C.R.S. 973, 29-1-601, et seq and the Single Audit Act of 1984, Pub. L 98-502, and Federal and State
implementing rules and regulations. Such audit reports shall be simultaneously submitted to the Department and
the State Auditor. Thereafter, the Contractor shall supply the Department with copies of all correspondence from
the State Auditor related to the relevant audit report. If the audit reveals evidence of non-compliance with applicable
requirements, the Department reserves the right to institute compliance or other appropriate proceedings
notwithstanding any other judicial or administrative actions filed pursuant to C.R.S. 1973, 29-1-607 or 29-1-608.
15. Contractor, An Independent Contractor. Contractor shall be an independent contractor and shall have
no authorization, express or implied, to bind the State to any agreements, settlements, liability or understanding
except as expressly set forth herein.
16. Personnel. The Contractor represents that it has, or will secure at its 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 and no such personnel are eligible for any employee benefits,
unemployment compensation or any other benefits accorded to State employees. 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 its supervision.
The Contractor is responsible for providing Workman's Compensation Coverage and Unemployment
compensation Coverage for all of its employees to the extent required by law, and for providing such coverage for
themselves. In no case is the State responsible for providing Workman's Compensation Coverage for any employees
or subcontractors of Contractor pursuant to this agreement.
17. Contract Suspension. If the contractor fails to comply with any contractual provision, the State may,
after notice to the Contractor, suspend the Contract and withhold further payments or prohibit the contractor from
incurring additional obligations of contractual funds, pending corrective action by the Contractor or a decision to
Page 4 of 12 Pages
terminate in accordance with provisions herein. The State may determine to allow such necessary and proper costs
which the Contractor could not reasonably avoid during the period of suspension provided such costs were
necessary and reasonable for the conduct of the Project.
18. Contract Termination. This contract may be terminated as follows:
a) Termination Due to Loss of Funding. The parties hereto expressly recognize that the Contractor
is to be paid, reimbursed, or otherwise compensated with federal CDBG funds provided to the State for the purpose
of contracting for the services provided for herein or with program income, and therefore, the Contractor expressly
understands and agrees that all its rights, demands and claims to compensation arising under this Contract are
contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received
by the State, the State may immediately terminate or amend this Contract.
b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and
proper 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 CDBG monies under the Contract would no longer be
served by completion of the Project. The State shall effect such termination by giving written notice of termination
to the Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such
termination. In that event, all finished or unfinished documents and other materials as described in subparagraph
b) above shall, at the option of the State, become its property. If the Contract is terminated by the State as provided
herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services
actually performed bear to the total services of the Contractor covered by this Contract, less payments of
compensation previously made: Provided, however,that if less than sixty percent (60%) of the services covered by
this contract have been performed upon the effective date of such termination, the contractor shall be reimbursed
(in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed
under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the
uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the
contractor, Paragraph 18.b) hereof relative to termination shall apply.
19. Modification and Amendment.
a) Modification by Operation of Law. This Contract is subject to such modifications as may be
required by changes in federal or state law or regulations. Any such required modification shall be incorporated into
and be part of this Contract as if fully set forth herein.
b) Programmatic of Budgetary Modifications. Contractor shall follow the revision procedures set forth
in the Financial Management Requirements if programmatic or budgetary modifications are desired:
i) the Contractor must submit a written request to the Department and obtain prior
written approval from the Department under the following circumstances:
a. unless otherwise specified in the Scope of Services, when cumulative
budgetary changes exceed five percent (5%) of the total contract
amount or Five Thousand Dollars ($5,000.00), whichever is less;
b. when any budget transfers to or between administration budgetary
categories are proposed;
Page 5 of 12 Pages
c. when the scope, objective or completion date of the Project changes;
d. when additional or less State funding is needed;
e. when revisions Involve the transfer of amounts budgeted for indirect
costs to absorb increases in direct costs; and
f. when revisions pertain to the addition of items requiring approval-in
accordance with the provisions of the subsection of the Financial
Management Requirements entitled 'Cost Principles?
ii) Under the following circumstances and in addition to the foregoing procedure, prior
approval for changes must be authorized by the State in an amendment to this contract
properly executed and approved in accordance with applicable law:
a. when cumulative budgetary changes exceed ten percent (10%) of the
total contract amount or Twenty Thousand Dollars ($20,000),whichever
is greater;
b. when the scope, objective or completion date of the Project changes
substantially, as determined by the Department; and
c. when any additional State funding is needed.
Under such circumstances,the Department's approval is not binding until memorialized
in the contract amendment.
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 with applicable law.
20. Integration. This Contract, as written, with attachments and references, is Intended as the complete
integration of all understanding between the parties at this time and no prior or contemporaneous addition, deletion
or amendment hereto shall have any force or effect whatsoever, unless embodied in a written authorization or
contract amendment incorporating such changes, executed and approved pursuant to applicable law.
21. Reports.
a) Financial Reports. The Contractor shall submit to the Department three(3) copies of quarterly financial
status reports in the manner and method set forth in the Financial Management Requirements
b) Performance Reports. The Contractor shall submit to the Department three (3) copies of quarterly
performance reports and of a project completion report in a manner and method prescribed by the Department.
22. 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 administrationof 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 anorganization 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
Page 6 of 12 Pages
functions or responsibilities with respect to CDBG activities or who are in a position to participate in a decision-
making process or gain inside information with regard to such activities, may obtain 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 anemployee, agent, consultant, officer, or elected official or appointed
official of the Contractor or of any designated public agencies or subcontractors receiving
CDBG funds.
ii) Threshold 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 CDBG program and the
effective and efficient administration of the Contractor's Project. An exception may be
considered only after the Contractor has provided the following:
a. A disclosure of the nature of the conflict, accompanied by an assurance that:
i. there has been or will be a public disclosure of the conflict and
a description of how the public disclosure was or will be made;
and
ii. the affected person has withdrawn from his or her functions or
responsibilities, or the decision making process with respect to
the specific CDBG assisted activity in question; and
b. An opinion of the Contractor's 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);
iii) Factors to be Considered for Exceptions. In determining whether to grant a requested
exception after the Contractor has satisfactorily met the requirements of subparagraph ii)
above, the State shall consider the cumulative effect of the following factors, where
applicable:
a. Whether the exception would provide a significant cost benefit or an essential
degree of expertise to the Project which would otherwise not be available;
b. Whether an opportunity was provided for open competitive bidding or
negotiation;
c. Whether the person affected is a member of a group or class of low or
moderate income persons intended to be beneficiaries of the CDBG assisted
activity, and the exception will permit such person to receive generally the
same benefits as are being made available or provided to the group or class;
d. Whether the interest or benefit was present before the affected person was in
a position as described in this subparagraph b);
e. Whether undue hardship will result either to the Contractor or the person
affected when weighed against the public interest served by avoiding the
prohibited conflict; and
f. Any other relevant considerations.
23. Compliance with Applicable Laws. At all times during the performance of this Contract, the Contractor
and any subcontractors shall strictly adhere to all applicable federal and State laws, orders, and all applicable
standards, regulations, interpretations or guidelines issued pursuant thereto. The applicable federal laws and
regulations include:
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a) National Environmental Policy Act of 1969 (42 USC 4321 et seq.), as amended, and the implementing
regulations of HUD (24 CFR Part 58) and of the Council on Environmental Quality (40 CAR Parts 1500 - 1508)
providing for establishment of national policy, goals, and procedures for protecting, restoring and enhancing
environmental quality.
b) National Historic Preservation Act of 1966 (16 USC 470 et seq.), as amended, requiring consideration
of the effect of a project on any district, site, building, structure or object that is included in or eligible for inclusion
in the National Register of Historic Places.
c) Executive Order 11593. Protection and Enhancement of the Cultural Environment, May 13, 1971 (36
FR 8921 et seq.) requiring that federally-funded projects contribute to the preservation and enhancement of sites,
structures and objects of historical, architectural or archaeological significance.
d) The Archaeological and Historical Data Preservation Act of 1974,amending the Reservoir Salvage Act
of 1960 (16 USC 469 et seq.), providing for the preservation of historic and archaeological data that would be lost
due to federally-funded development and construction activities.
e) Executive Order 11988, Floodplain Management May 24, 1977 (42 FR 26951 et seq.) prohibits
undertaking certain activities in flood plains unless it has been determined that there is no practical
alternative, In which case notice of the action must be provided and the action must be designed or modified to
minimize potential damage.
f) Executive Order 11990. Protection of Wetlands, May 24, 1977 (42 FR 26961 et seq.) requiring review
of all actions proposed to be located in or appreciably affecting a wetland. Undertaking or assisting new
construction located in wetlands must be avoided unless it is determined that there is no practical alternative to such
construction and that the proposed action includes all practical measures to minimize potential damage.
g) Safe Drinking Water Act of 1974 (42 USC 201,300 f et seq., 7401 et seq.), as amended, prohibiting the
commitment of federal financial assistance for any project which the Environmental Protection Agency determines
may contaminate an aquifer which is the sole or principal drinking water source for an area.
h) The Endangered Species Act of 1973 (16 USC 1531 et seq.), as amended, requiring that actions
authorized, funded, or carried out by the federal 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.
i) The Wild and Scenic Rivers Act of 1968 (16 USC 1271 et seq.), as amended, prohibiting federal
assistance in the construction of any water resources project that would have a direct and adverse affect on any river
included in or designated for study or inclusion in the National Wild and Scenic Rivers System.
j) The Clean Air Act of 1970 (42 USC 1857 et seq.),as amended, requiring that federal assistance will not
be given and that license or permit will not be issued to any activity not conforming to the State implementation plan
for national primary and secondary ambient air quality standards.
k) 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.
I) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 -- Title Ill, Real
Property Acquisition (Pub. L. 91-646 and implementing regulations at 24 CFR Part 42), providing for uniform and
equitable treatment of persons displaced from their homes, businesses, or farms by federal or federally-assisted
programs and establishing uniform and equitable land acquisition policies for federal assisted programs.
Requirements includebona fide land appraisals as a basis for land acquisition, specific procedures for selecting
contract appraisers and contract negotiations, furnishing to owners of property to be acquired a written summary
statement of the acquisition price offer based on the fair market price, and specified procedures connected with
condemnation.
m) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 --Title II, Uniform
Relocation Assistance (Pub. L 91-646 and implementing regulations at 24 CFR Part 42), providing for fair and
equitable treatment of all persons displaced as a result of any federal or federally-assisted program. Relocation
Page 8 of 12 Pages
payments and assistance, last-resort housing replacement of displacing agency, and grievance procedures are
covered under the Uniform Act. Payments and assistance will be made pursuant to State or locallaw, or the grant
recipient must adopt a written policy available to the public describing the relocation payments and assistance that
will be provided. Moving expenses and up to $22,500 or more for each qualified homeowner or up to $5,250 or
more for each tenant are potential costs.
n) Section 104(d) of the Housing and Community Development Act of 1974, (42 USC 5301 as
amended and implementing regulations at 24 CFR Part 570) providing for the replacement of all low-and moderate-
income dwelling units that are demolished or converted to another use as a direct result of the use of CDBG funds,
and which provides for relocation assistance for low- and moderate-income households so displaced.
o) Davis-Bacon Fair Labor Standards Act)40 USC 276A-276a-5) requiring that, on all contracts and
subcontracts which exceed $2,000 for federally-assisted construction, alteration or rehabilitation, laborers and
mechanics employed by contractors or subcontractors shall be paid wages at rates not less than those prevailing
on similar construction in the locality as determined by the Secretary of Labor. (This requirement applies to the
rehabilitation of residential property only if such property is designed for use of eight or more families.)
p) Contract Work Hours and Safety Standards Act of 1962 (40 USC 327 et seq.) requiring that
mechanics and laborers employed on federally-assisted contracts which exceed $2,000 be paid wages of not less
than one and one-half times their basic wage rates for all hours worked in excess of forty in a work week
q) Copeland "Anti-Kickback" Act of 1934 (40 USC 276 (c)) prohibiting and prescribing penalties for
"kickbacks" of wages in federally-financed or -assisted construction activities.
r) The Lead-Based Paint Poisoning Prevention Act -- Title IV (42 USC 4831) prohibiting the use of
lead-based paint in residential structures constructed or rehabilitated with federal assistance, and requiring
notification to purchasers and tenants of such housing of the hazards otlead-based paint and of the symptoms and
treatment of lead-based paint poisoning.
s) Section 3 of the Housing and Community Development Act of 9168 (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.
t) 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.
u) Title IV of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 USC 2000 (d)) prohibiting discrimination
on the basis of race, color, religion or religious affiliation, or national origin in any program or activity receiving
federal financial assistance.
v) The Fair Housing Act (42 USC 3601-20), as amended, prohibiting housing discrimination on the
basis of race, color, religion sex, national origin, handicap and familial status.
w) Executive Order 11246(1965), as amended by Executive Orders 11375, prohibiting discrimination
on the basis of race, color, religion, sex or national origin in any phase of employment during the performance of
federal or federally-assisted contracts in excess of $2,000.
x) Executive Order 11063 (1962),as amended by Executive Order 12259, requiring equal opportunity
in housing by prohibiting discrimination on the basis of race, color, religion, sex or national origin in the sale or rental
of housing built with federal assistance.
y) Section 504 of the Rehabilitation Act of 1973 (29 USC 793), as amended, providing that no
otherwise qualified individual shall, solely by reason of a handicap, be excluded for participation (including
employment),denied program benefits or subjected to discrimination under any program or activity receiving federal
funds.
z) 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.
24. Monitoring and Evaluation. The State will monitor and evaluate the Contract with the Contractor under
the CDBG 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. The contract'will be evaluated to gauge:its impact
upon low- and moderate-income residents of the community, slums or blighted areas, or other urgent need
conditions and the for the effective and efficient utilization of CDBG funds.
Page 9 of 12 Pages
25. Severability. To the extent that this Contract may be executed and performance of the obligations of
the parties may be accomplished within the intent of the contract, the terms of this Contract are severable, and
should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or
failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof
shall not be construed as waiver of any other term nor as waiver of a subsequent breach of the same term.
26. Binding on Successors. Except as herein otherwise provided, this agreement shall insure to the benefit
of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns.
27. Subletting, Assignment or Transfer. Neither party nor any subcontractors hereto may sublet, sell,
transfer, assign or otherwise dispose of this Contract or any portion thereof, or of its rights, title, interest or duties
therein,without the prior written consent of the other party. No subcontract or transfer of Contract shall in any case
release the Contractor of liability under this Contract.
28. Non-Discrimination. The Contractor shall comply with all applicable State and Federal laws, rules,
regulations and Executive Orders of the 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.
29. Excessive Force. In accordance with Section 519 of Public Law 101-144, the HUD Appropriations Act,
the Section 906 of Cranston-Gonzalez Affordable Housing Act of 1990,the Contractor has adopted and is enforcing
a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any
individuals engaged-in non-violent civil rights demonstrations;and has adopted and is enforcing a policy of enforcing
applicable State and local laws against physically barring entrance to or exist from a facility or location which is the
subject of such non-violent civil rights demonstration within its jurisdiction.
30. Lobbying. The Contractor assures and certified that:
a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of a federal grant, the making of any federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan or cooperative agreement
b) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an offer or employee of any agency, a Member of Congress, an officer or
employee of congress, or an employee of a Member of Congress in connection with this federally funded contract,
grant, loan, or cooperative agreement, it shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instruction.s
c) It shall require that the language of this certification be included in the award documents for-all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
d) It understands that this certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00
for each such.failure.
31. Applicant Statement of Assurances and Certifications. The Contractor has previously signed an
"Applicant Statement of Assurances and Certifications"which is hereby incorporated and made a part of this Contract
by reference.
32. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary, the parties
understand and agree that all terms and conditions of this Contract and the exhibits and attachments hereto which
may require continued performance or compliance beyond the termination date of the Contract shall survive such
termination date and shall be enforceable to the State as provided herein in the event of such failure to perform or
comply by the Contractor or its subcontractors.
Page 10 of 12 Pages
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
I.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(or 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.thecontractor 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 ofrhis contract.Such bond shall.bc duly executed by a qualified corporate
surety conditioned upon the faithful performance of the contract and in addition,shall provide Mail 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 contractoror his subcontractor in performance of the work
contracted to be done or failsao 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 cenoper 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 haritless.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 iermsnf 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 24-34-002),and as required by Executive Order, Equal Opportunity and Affirmative Action.dated April 16.
1975.Pursuant thereto.the following provisions shall he contained in all Stare contracts or suh-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 ancntioned characteristics. Such action shall include,but not be-limited to the following-
employment upgrading,demotion,or transfer.recruiunent or recruitment advertisings; 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 providedby 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:fabor 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_
(0 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-020
Revised 1/93
395-53-01-I022
page 11 of 12 pages
CDBG - 94-804
(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,or orders,
this contract may be canceled,terminated or suspended in whole or in pan and the contractor may be declared ineligible for further State contracts in
accordance with-procedures,authorized in Executive Order.Equal Opportunity and Affirmative Action of April 16, 1975 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 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,oris threatened with,litigation,with the subcontractor or vendor as a-result of such direction by the contracting agency,the contractor
may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a.Provisions of CRS 8-17-101& 102 for preference of Colorado labor arc applicable to this contract if public works within the State arc undertaken hereunder and
arc 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•bc allowed a preference against a non-resident bidder from
a state or foreign country equal to the preference given or required by the stare or foreign country in which the-non-resident bidder is a resident.If it is detemtined by
the officer-responsible for awarding die 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,rues,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 pan shall be valid or enforceable or available in arty action at law whether by-way of complaint.
defence,or otherwise.Any provision rendered null and void by the operation of this provision will notinvalidate 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 ill applicable federal and state laws,rules,and regulations that have
been or may hereafter be established.
9.The signatories aver that-they arc 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.
10.The signatories aver that to their knowledge,no state employee has any personal or beneficial interest whatsoever in-the service or properly described herein.
IN WITNESS WHEREOF,the panics hereto-have executed this Contract on the day first above written_
Contractor:
(Full Legal Name) BOARD OF COUNTY COMMISSIONERS, STATE OF LORADO
ROYRO R,GOVER
COU,�TY
1 OF WELD, C DLO CADO - -
BY 14.. �' ! BY
•5 EXECUTIVE DIR O
Position(Title) CHAIRMAN
84-600o813J
Social Security Number w To-Ural I.D.Number DEPARTMENT
LOCAL AFFAIRS
If Corporation:) - OF•
Anent(Seal) � �IA !jcb,
B 71,LU 'L'k' it,
Y sp«ue ury.or uivalcnt.To.wGry/C uury Clerk
ruTON
GENE�w a APPROvaPPROVALS•
ATTOR E GENERAL •�+ke CONTROSTATE CONTROLLER
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�sistaM att 111 GJ l� r. �1 7;
Legs,services
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Fonn 6-AC-02C •arar>R
-Revised 1/93 Page 12 which is the last of 12 pages
39S-53-011030 'See instructions on reverse side.
EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
CDBG - 94-804
EXHIBIT A
1. Scope of Services
The Project consists of the construction of a 12,540-square foot building in north Greeley,
Colorado, for use as the Weld County Children's Clinic. The building will include examination
rooms, offices, a community room,and conference rooms. Establishment of the Clinic will provide
the benefits of primary health care for low/moderate income children in the area in a less costly
and more regular and systematic manner than the current common practice of low-and moderate-
income families' reliance on emergency room services for the health care of their children. Health
care services the Clinic will make available to children of low-and moderate-income families include
preventive medicine, acute/chronic illness and well-child care and consultation, education,
immunizations and referrals.
The facility will be owned and operated by the Northern Colorado MedicalClinic Foundation, Inc.,
a private non-profit organization which is eligible as a subrecipient of the Community Development
Block Grant (CDBG) funds provided to Weld County (Contractor) under this Contract.
CDBG funds in the amount of $500,000 are provided to partially finance Project costs. The
Northern Colorado Medical Clinic Foundation, Inc., (NCMCF) will contribute $500,000 towards
Project financing. The Project budget also.includes the donation of land and site development by
the City of Greeley (a $100,000 value). Architectural design of the Clinic has been completed as
a donated service and is not included as a part of this Project. In the event Project costs exceed
the estimated$1,100,000 Project total cost,the Contractor and NCMCF shall be responsible for all
Project costs in excess of the amounts shown in section "3. Budget" below.
Selection of contractors and purchase of materials to accomplish the Project shall follow
appropriate procurement standards as outlined in HUD and Department of Local Affairs guidelines
for CDBG recipients.
The Project is an eligible activity as the construction/reconstruction of a public facility. The Clinic
is being created solely to address the needs of indigent children and will benefit children from both
the entitlement City of Greeley and non-entitlement Weld County. The Contractor shall be
responsible for tracking family income and the place of permanent residence of the clients served.
For the purposes of this Contract, client data must show that on an annual basis no less than thirty
percent (30%) of the clients served reside in non-entitlement areas and more than fifty-one percent
(51%) of the total clients served are from low- or moderate-income households.
During a period of five (5)-years following the date of closeout of the Project by the State, the
Contractor may not change the use or planned use of the facility unless: 1) the State determines
the new use meets one of the national objectives of the CDBG program, and 2) the Contractor
provides affected citizens-with reasonable notice and an opportunity to comment on any proposed
changes.
If the Contractor decides, after consultation with affected citizens, that it is appropriate to change
the use of the building to a use which the State determines does not qualify in meeting a CDBG
national objective,the Contractor must reimburse to the State an amount equal to the current fair
market value of the property, less any portion of the value attributable to expenditures of non-
CDBG funds for acquisition of, and improvements to, the property.
At the end of the five (5) year period following the Project closeout date and thereafter, no State
restrictions on use of the property shall be in effect.
Page 1 of 2 Pages
CDBG - 94-804
EXHIBIT A
2. Time of Performance
The Project shall commence upon the full and proper execution of this Contract and shall be
completed on or before December 31, 1996.
3. Budget
Activity Project State NCMCF City of
Cost CDBG Funds Greeley
Funds
Construction of $1,100,000 $500,000 $500,000 $100,000
Children's Clinic (3)
TOTALS $1,100,000 $500,000 $500,000 $100,000
4. Payment Schedule
a. $450,000 Shall be paid upon approved drawdown requests
submitted by the Contractor.
b. 50,000 To be paid upon completion of the Project, following
submission by the Contractor and approval by the
State of final financial and program reports, with the
exception of the audit.
$500,000 TOTAL
Payments shall be made in accordance with the provisions set forth in Paragraph 13 within the
main body of this Contract.
5. Contract Monitoring
The Colorado Department of Local Affairs shall monitor this Contract in accordance with the
provisions set forth in Paragraph 24 within the main body of this Contract.
6. Reporting Schedule
The Contractor shall provide quarterly financial and program reports to the Department of Local
Affairs in accordance with the provisions set forth in Paragraph 21 within the main body of this
Contract.
Page 2 of 2 Pages
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