HomeMy WebLinkAbout992810.tiff RESOLUTION
RE: APPROVE COLORADO HOUSING GRANT CONTRACT 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
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Greeley/Weld County Housing Authority, and
the Colorado Department of Local Affairs, Division of Housing, commencing upon full execution
of said contract and ending June 30, 2000, 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, ex-officio Housing Authority Board, that the Colorado Housing Grant
Contract between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Greeley/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 24th day of November, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
• D COUNTY COL RADO
Ise
ATTEST: I/4 l% ,
• l ,A ...i
c "Y, Dale K. Hall, Chair
Weld County Clerk tot .. Bo . S,r�
1 ICA
G / n• *Cuv� Barbara J. Kirkmeyer, Pro-Te
BY: , d_e- - t'. % y
Deputy Clerk to the et(A) � /' r
eor E. Baxter
APPROVED AS TO FORM: EXCUSED
y M. J. Geile/�
unt Attorne
Glenn Vaad�
992810
HA0019
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CDBG#98-868 •
DEPARTMENT OR AGENCY
Rev. 4/1/96 NAA
CONTRACT ROUTING NUMBER
CONTRACT C/ti3lxC
THIS CONTRACT, made this .�(5{ day of (a 1999, by and between the State of
Colorado for the use and benefit of the Department of L al Affairs, 1313 Sherman Street, Denver. Colorado
80203 hereinafter referred to as the State, and Weld County, 915 10"' Street, 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 100,
Appropriation Code Number 120 , Org. Unit FDFI0 , GBL D954 , Contract Encumbrance Number
H0CDB98868 • 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 very low-, low-, and moderate-income families or aid in the prevention or elimination of slums or
blight;the state's program may also include activities designed to meet other community development needs having
a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the
community where other financial resources are not available to meet such needs. Additionally, the state's program
is subject to a federal requirement that not less than seventy percent(70%)of the aggregate amount of CDBG funds
received by the state shall be used for the support of activities that benefit persons of very low-, low-, and moderate-
income; and
WHEREAS,the State of Colorado has elected to administer such federal funds for its nonentitlement areas
through the Colorado Department of Local Affairs("Department"),pursuant to C.R.S. 1973, 24-32-106(1)(d), 24-32-
304(2) (j) and 24-32-705(1) (i); and
•
WHEREAS,the Department has received applications from political subdivisions in Colorado for allocations
from the federal CDBG funds available to Colorado; and
WHEREAS, the Contractor is one of the eligible political subdivisions to receive CDBG funds; and
WHEREAS, the Department has approved the proposed Project of the Contractor;
NOW, THEREFORE, it is hereby agreed that:
1. Scope of Services. In consideration for the monies to be received from the State, the Contractor shall
do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work elements as
indicated in the "Scope of Service", set forth in Exhibit A, which is attached hereto and is incorporated herein by
reference, and is hereinafter referred to as the"Project". Work performed prior to the execution of this Contract shall
not be considered part of this Project.
2. Responsible Administrator. The performance of the services required hereunder shall be under the
direct supervision of TomTeixeira , an employee or agent of Contractor, who is hereby designated as the
administrator-in-charge of this Project. At any time the administrator-in-charge is not assigned to this Project, all
work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator-in-charge
and the State receives notification of such replacement assignment.
Page 1 of 14 Pages
3. Time of Performance. This Contract shall become effective upon proper execution of this Contract.
The Project contemplated herein shall commence as soon as practicable after the execution of this Contract and
shall be undertaken and performed in the sequence set forth in the attached Scope of Services. The Contractor
agrees that time is of the essence in the performance of its obligations under this Contract, and that completion of
the Project shall occur not later than the termination date set forth in the Scope of Services.
4. Eligibility and National 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 very low-, low-, and moderate-income;
Prevent or eliminate slums or blight;
Meet other community development needs having a particular urgency because
existing conditions pose a serious and immediate threat to the health or welfare
of the community where other financial resources are not available to meet such
needs.
5. Obligation, Expenditure and Disbursement of Funds.
a) Prior Expenses. Expenses incurred by the Contractor in association with said Project prior to
execution of this Contract are not eligible CDBG expenditures and shall not be reimbursed by the State.
b) Environmental Review Procedures. Funds shall not be obligated or utilized for any activities
requiring a release of funds by the State under the Environmental Review Procedures for the CDBG program at 24
CFR Part 58 until such release is issued in writing. Administrative costs,reasonable engineering and design costs,
and costs of other exempt activities identified in 24 CFR 58.34(a)(1) through (8) do not require a release of funds
by the State. For categorically excluded activities listed in 58.35(a)determined to be exempt because there are no
circumstances which require compliance with any other Federal laws and authorities cited at 58.5, the Contractor
must make and document such a determination of exemption prior to incurring costs for such activities.
c) Community Development Plan Requirement. Priorto receivingdisbursementsofCDBGfundsfrom
the State,the Contractor shall identify its community development and housing needs, including the needs of very
low-, low-, and moderate-income persons, and the activities to be undertaken to meet such needs.
6. Definition of Very low- Low- and Moderate-Income Persons. Very low-, low-, and moderate-income
persons are defined, for the purposes of this Contract, as:
X_ Those persons who are members of very low-, low-, and moderate-income families
as set forth in Exhibit B, which is attached hereto and'incorporated herein by
reference, or as subsequently promulgated in writing by the State, or
Those persons who have been determined by HUD, based upon data of the 1990
Census, to be very low-, low-, and moderate-income persons.
_. Those persons belonging to clientele groups who are generally presumed by HUD
to be principally very low-, low-, and moderate-income persons.
_. Not applicable to this project.
7. Citizen Participation. The Contractor shall provide citizens with reasonable notice of, and opportunity
to comment on, any substantial change proposed to be made in the use of CDBG funds from one eligible activity
to another by following the same citizen participation procedures required for the preparation and submission of its
CDBG application to the State. The Contractor shall also comply with the procedure set forth herein regarding the
modification and amendment of this Contract.
Page 2 of 14 Pages
Additionally, the Contractor shall have and follow a Citizen Participation Plan (CPP)which includes the six
elements specified in Section 104(a)(3) the Act. The CPP must include a provision for at least one public hearing
during the course of the Project to allow citizens to review and comment on the Contractor's performance in carrying
out the Project.
8. Residential Antidisplacementand Relocation Assistance Plan. The Contractor shall follow a residential
antidisplacement and relocation assistance plan which, should displacement occur, provides that:
a) governmental agencies, non-and for-profitorganizations,or private developersshall provide within
the same community comparable replacement dwellings for the same number of occupants as could have been
housed in the occupied and vacant occupiable low-and moderate-income dwelling units demolished or converted
to a use other than for housing for low- and moderate-income persons, and provide that such replacement housing
may include existing housing assisted with project based assistance provided under Section 8 of the United State
Housing Act of 1939;
b) such comparable replacement dwellings shall be designed to remain affordable to persons of low-
and moderate-income for ten (10) years from the time of initial occupancy;
c) relocation benefits shall be provided for all low-income persons who occupied housing demolished
or converted to a use other than for low-. or moderate-income housing, including reimbursement for actual and
reasonable moving expenses, security deposits, credit checks, and other moving-related expenses; including any
interim living costs; and, in the case of displaced persons of low- and moderate-income, provided either:
i) compensation sufficient to ensure that, for a five-year(5-year) period, the displaced families
shall not bear, after relocation, a ratio of shelter costs to income that exceeds thirty percent
(30%); or
ii) if elected by a family, a lump-sum payment equal to the capitalized value of the benefits
available under subclause (i) to permit the household to secure participation in a housing
cooperative or mutual housing association;
d) Persons displaced shall be relocated into comparable replacement housing that is:
i) decent, safe, and sanitary;
ii) adequate in size to accommodate the occupants;
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
non reviewable.
9. Affirmatively Furthering Fair Housing. The Contractor shall affirmatively further fair housing in addition
to conducting and administering its Project in conformity with the equal opportunity requirements of Title VI of the
Civil Rights Act of 1964 and the Fair Housing Act, as required herein.
10. Recovery of Capital Costs of Public Improvements. The Contractor shall not attempt to recover any
capital costs of public improvements assisted in whole or part with CDBG funds by assessing any amount against
properties owned and occupied by persons of very low-, low-, or moderate-income, including any fee charged or
assessment made as a condition of obtaining access to such public improvements, unless;
Page 3 of 14 Pages
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 very low- or low-income, it certifies that it lacks sufficient CDBG funds to
comply with the requirements of subparagraph (a) hereinabove.
11. Compensation and Method of Payment. The State agrees to pay to the Contractor, in consideration
for the work and services to be performed, a total amount not to exceed Two Hundred Eighty Two Thousand Four
Hundred and NO/100 Dollars ($282,400) The method and time of payment shall be made in accordance with the
"Payment Schedule" set forth herein in EXHIBIT A.
12. Financial Management. At all times from the effective date of this Contract until completion of this
Contract, the Contractor shall comply with the administrative requirements, cost principles and other requirements
set forth in the State's Financial Management Guide and the Financial Management Section of the State CDBG
Guidebook.
13. Payment Method. Unless otherwise provided in the Scope of Services:
a) The Contractor shall periodically initiate all drawdown requests by submitting to the Department
a written request using the State-provided form,for reimbursement of actual and proper expenditures of State CDBG
funds plus an estimation of funds needed for a reasonable length of time.
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b) The State may withhold any payment if the Contractor has failed to comply with the State CDBG
program objectives, contractual terms, or reporting requirements.
c) The State may withhold the final payment until the Contractor has submitted and the Department
has accepted, all required quarterly Financial Status Report and 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 Accountant of the
State's choosing,or the federal government or any of its properly delegated or authorized representatives shall have
the right to inspect, examine, and audit the Contractor's (and any subcontractor's) records, books, accounts and
other relevant documents. Such discretionary audit may be requested at any time and for any reason from the
effective date of this Contract until five (5) years after the date final payment for this Project is received by the
Contractor, provided that the audit is performed during normal business hours.
b) Mandatory Audit. Whether or not the State calls for a discretionary audit as provided above, the
Contractor shall include the Project in an annual audit report as required by the Colorado Local Government Audit
Law, C.R.S. 1973, 29-1-601, et seg and the Single Audit Act of 1984, Pub. L. 98-502, and Federal and State
implementing rules and regulations. Such audit reports shall be simultaneously submitted to the Department and
the State Auditor. Thereafter, the Contractor shall supply the Department with copies of all correspondence from
the State Auditor related to the relevant audit report. If the audit reveals evidence of non-compliance with applicable
requirements, the Department reserves the right to institute compliance or other appropriate proceedings
notwithstanding any other judicial or administrative actions filed pursuant to C.R.S. 1973, 29-1-607 or 29-1-608.
15. Contractor,An Independent Contractor. Contractor shall be an independent Contractor and shall have
no authorization, express or implied, to bind the State to any agreements, settlements, liability or understanding
except as expressly set forth herein.
16. Personnel. The Contractor shall perform its duties hereunder as a Contractor and not as an employee.
Neither the Contractor nor any agent or employee of the Contractor shall be deemed to be an agent or employee
of the State. Contractor shall pay when due all required employmenttaxes and income tax withholding, shall provide
and keep in force worker's compensation (and show proof of such insurance) and unemployment compensation
insurance in the amounts required by law, and shall be solely responsible for the acts of the Contractor, its
employees and agents.
Page 4 of 14 Pages
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 subcontractorsof 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.
17. Contract Suspension. If the Contractor fails to comply with any contractual provision, the State may,
after notice to the Contractor, suspend the Contract and withhold further payments or prohibit the Contractor from
incurring additional obligations of contractual funds, pending corrective action by the Contractor or a decision to
terminate in accordance with provisions herein. The State may determine to allow such necessary and proper costs
which the Contractor could not reasonably avoid during the period of suspension provided such costs were
necessary and reasonable for the conduct of the Project.
18. Contract Termination. This contract may be terminated as follows:
a) Termination Due to Loss of Funding. The parties hereto expressly recognize that the Contractor
is to be paid, reimbursed, or otherwise compensated with federal CDBG funds provided to the State for the purpose
of contracting for the services provided for herein or with program income, and therefore, the Contractor expressly
understands and agrees that all its rights, demands and claims to compensation arising under this Contract are
contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received
by the State, the State may immediately terminate or amend this Contract.
b) Termination for Cause. In accordance with 24 CFR Part 85.44, suspension or termination may
occur if the Contractor materially fails to comply with any term of the Contract, or, in the State's discretion, the
Contract may be terminated for convenience. If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner As 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 terminatethis 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 Contractorshall 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 underthe Contract would no longer be served
by completion of the Project. The State shall effect such termination by giving wrjtten notice of termination to the
Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such
termination. In that event, all finished or unfinished documents and other materials as described in subparagraph
18.b) above shall, at the option of the State, become its property. If the Contract is terminated by the State as
provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the
services actually performed bear to the total services of the Contractor covered by this Contract, less payments of
compensation previously made: Provided, however, that if less than sixty percent(60%) of the services covered by
this contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed
(in addition to the above payment)for that portion of the actual out-of-pocket expenses (not otherwise reimbursed
under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the
uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the
Contractor, subparagraph 18.b) hereof relative to termination shall apply.
19. Modification and Amendment.
a) Modification by Operation of Law. This Contract is subject to such modifications as may be required
by changes in federal or state law or regulations. Any such required modifications shall be incorporated into and be
part of this Contract as if fully set forth herein.
Page 5 of 14 Pages
b) Programmatic or Budgetary Changes. This Contract has a simplified Change Letter Procedure for
modifying this Contract for the following reasons:
i) unless otherwise specified in the Scope of Services, when cumulative budgetary line
item changes exceed Twenty Thousand Dollars ($20,000.00);
ii) when any budget transfers to or between administration budgetary categories are
proposed;
iii) when the scope, objective or completion date of the Project changes as determined
by the Department:
iv) when additional or less State funding is needed;
v) when there are additional federal statutory or regulatory compliance changes to
paragraph 23 of the Original Contract.
Under such circumstances, the Department's approval is not binding until memorialized in a fully executed
Change Letter as specified in subparagraph c).
c) Change Letter Process. Contractor must submit a written request to the Department if
programmatic or budgetary modificationsare desired. Paragraph 11,Compensation and Method of Payment;
Paragraph 23, Compliance with Applicable Laws; and Exhibit A, Scope of Services, may be modified by
Change Letters(in the form attached hereto), signed by the State and the Contractor. Upon proper execution
and approval,such Change Letter shall become an amendment to the Contract,effective on the date specified
in the Letter. No such Change Letter shall be valid until approved by the State Controller or such assistant as
he may designate. All other modifications to this Contract must be accomplished through amendment to the
contract pursuant to fiscal rules and in accordance with subparagraph 19.d.
d) Other Modifications. if either the State or the Contractor desires to modify the terms of this
Contract other than as set forth in subparagraphs b)and c)above,written notice of the proposed modification
shall be given to the other party. No such modification shall take effect unless agreed to in writing by both
parties in an amendment to this Contract properly executed and approved in accordance with applicable law.
Any amendment required per this subparagraph will require the approval of other state agencies appropriate,
e.g. Attorney General, State Controller, etc.
20. Integration. This Contract, as written, with attachments and references, is intended as the
• complete integration of all understanding between the parties at this time and no prior or contemporaneous
addition, deletion or amendment hereto shall have any force or effect whatsoever, unless embodied in a
written authorization or contract amendment incorporating such changes, executed approved pursuant to
applicable law.
21. Reports.
a) Financial Reports, The Contractor shall submit to the Department three (3) copies of
quarterly financial status reports in the manner and method set forth in the Reporting Section of the State
CDBG Guidebook.
b) Performance Reports. The Contractor shall submit to the Department three (3) copies of
quarterly performance reports and of a project completion report in a manner and method prescribed by the
Department in the Reporting Section and Close-Out Section of the State CDBG Guidebook.
22. Conflict of Interest.
a) In the Case of Procurement. In the 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 of 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
Page 6 of 14 Pages
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 acceptgratuities,favors
or anything of monetary value from parties or potential parties to contracts. Unsolicited items provided as
gifts are not prohibited if the intrinsic value of such items is nominal.
b) In All Cases Other Than Procurement. In all cases other than procurement(including the
provision of housing rehabilitation assistance to individuals, the provision of assistance to businesses, and
the acquisition and disposition of real property), no persons described in subparagraph i) below who
exercise or have exercised any functions or responsibilities with respect to CDBG activities or who are in
a position to participate in a decision-making process or gain inside information with regard to such activities,
may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract,
subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those
with whom they have family or business ties, during their tenure for one year thereafter.
i) Persons Covered. The conflict of interest provisions of this subparagraph b) apply
to any person who is an employee, agent, consultant, officer, or elected official or
appointed official of the Contractor or of any designated public agencies or
subcontractors receiving CDBG funds.
ii) Threshold 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:
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 interestfor which the exception
is sought would not violate State or local law; and
c) Awritten 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);
Page 7 of 14 Pages
e) Whether undue hardship will result either to the Contractor or the person
affected when weighted against the public interest served by avoiding the
prohibited conflict; and
f) Any other relevant considerations.
23. Compliance with Applicable Laws . At all times during the performance of this Contract, the
Contractorand any subcontractors shall strictly adhere to all applicable Federal and State laws, orders, and
all applicable standards, regulations, interpretations or guidelines issued pursuant thereto. The applicable
Federal laws and regulations include:
a) National Environmental Policy Act of 1969 (42 USC 4321 et seq.), as amended, and the
implementing regulations of HUD (24 CFR Part 58) and of the Council on Environmental Quality (40 CFR
Parts 1500-1508) providing for establishment of national policy, goals, and procedures for protecting,
restoring and enhancing environmental quality.
b) National Historic Preservation Act of 1966 (16 USC 470 et seq.), as amended, requiring
consideration of the effect of a project on any district, site, building, structure or object that is included in or
eligible for inclusion in the National Register of Historic Places.
c) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May
13, 1971 (36 FR 8921 et seq.), requiring that federally-funded projects contribute to the preservation and
enhancement of sites, structures and objects of historical, architectural or archaeological significance.
d) The Archaeological and Historical Data Preservation Act of 1974 ,amending the Reservoir
Salvage Act of 1960(16 USC 469 et seq.), providing for the preservation of historic and archaeological data
that would be lost due to federally-funded development and construction activities.
e) Executive Order '11988, Floodplain Management, May 24, 1977 (42 FR 26951 et seq.)
prohibits undertaking certain activities in floodplains unless it has been determined that there is no practical
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, 300f et seq., 7401 et seq.), as amended,
prohibiting the commitment of federalfinancial 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
effect on any river included in or designated for study or inclusion in the National Wild and Scenic Rivers
System.
j) The Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, requiring that federal
assistancewill 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.
Page 8 of 14 Pages
k) Flood Disaster Protection Act of 1973(42 USC 4001), placing restrictions on eligibility and
acquisition and construction in areas identified as having special flood hazards.
I) HUD Environmental Criteria and Standards(24 CFR Part 51)providing national standards
for noise abatement and control, acceptable separation distances from explosive or fire prone substances
and suitable land uses for airport runway clear zones.
m) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970--Title
II, Real Property Acquisition (Pub. L.. 91-646 and implementing regulations at 24 CRF Part 42), providing
for uniform and equitable treatment of persons displaced from their homes, businesses, or farms by federal
or federally-assisted programs and establishing uniform and equitable land acquisition policies for federal
assisted programs. Requirements include bona fide land appraisalsas a basis for land acquisition, specific
procedure for selecting contract appraisers and contract negotiations, furnishing to owners of property to
be acquired a written summary statement of the acquisition price offer based on the fair market price, and
specified procedures connected with condemnation.
n) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970--Title
II, Uniform Relocation Assistance (Pub. L. 91-646 and implementing regulations at 24 CRF Part 42),
providing for fair and equitable treatment of all persons displaced as a result of any federal or federally-
assisted program. Relocation payments and assistance, last-resort housing replacement of displacing
agency, and grievance procedures are covered under the Uniform Act. Payments and assistance will be
made pursuant to State or local law, or the grant recipient must adopt a written policy available to the public
describing the relocation payments and assistance that will be provided. Moving expenses and up to
$22,500 or more for each qualified homeowner or up to$5,250 or more for each tenant are potential costs.
o) Section 104(d) of the Housing and Community Development Act of 1974, (42 USC 5301
as amended and implementing regulations at 24 CFR Part 570)providing for the replacement of all low-and
moderate-income dwelling units that are demolished or converted to another use as a direct result of the use
of CDBG funds, and which provides for relocation assistance for low-and moderate-income households so
displaced.
p) Davis-Bacon Fair Labor Standards Act )40 USC 276A -276a-5) requiring that, on all
contracts and subcontracts which exceed $2,000 for federally-assisted construction, alteration or
rehabilitation, laborers and mechanics employed by contractors or subcontractors shall be paid wages at
rates not less than those prevailing on similar construction in the locality as determined by the Secretary of
Labor. (This requirement applies to the rehabilitation of residential property only if such property is designed
for use of eight or more units.) The requirements set forth in this subparagraph are inapplicable to
individuals who volunteer their services under circumstances set forth in 24 CFR Part 70.
Assistance shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the
services of, or fund any subcontractor or subrecipient during any period of debarment, suspension, or
placement in ineligibility status under the provisions of 24 CFR Part 24.
q) Contract Work Hours and Safety Standards Act of 1962 (40 USC 327 et seq.) requiring
that mechanics and laborers employed on federally-assisted contracts which exceed$2,000 be paid wages
of not less than one and one-half times their basic wage rates for all hours worked in excess of forty in a
work week.
r) Copeland "Anti-Kickback" Act of 1934 (40 USC 276 (c)) prohibiting and prescribing
penalties for"kickbacks" of wages in federally-financed or-assisted construction activities.
s) The Lead-Based Paint Poisoning Prevention Act--Title IV(42 USC 4831)prohibiting the
use of lead-based paint in residential structures constructed or rehabilitated with federal assistance, and
requiring notification to purchasers and tenants of such housing of the hazards of lead-based paint and of
the symptoms and treatment of lead-based paint poisoning.
t) Unless otherwise provided for in EXHIBIT A, Scope of Services, this contract is subject
to the following: Section 3 of the Housing and Community Development Act of 1968 (12 U.S.C. 1701 (u)),
as amended.
Page 9 of 14 Pages
i) The work to be performed under this contract is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701 (u) (Section 3). The purpose of Section 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or HUD-assisted
projects covered by Section 3, shall, to the greatest extent feasible, be directed to
very low- and low-income persons, particularly persons who are recipients of HUD
assistance for housing.
ii) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part
135, which implement Section 3. As evidenced by their execution of this contract,
the parties to this contract certify that they are under no contractual or other
impediment that would prevent them from complying with the Part 135 regulations.
iii) The Contractor agrees to send to each labor organization or representative of
workers with which the Contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers'
representative of the Contractor's commitments under this Section 3 clause, and will
post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each;and the name and location of the persons)taking applications
for each of the positions; and the anticipated date the work shall begin.
iv) The Contractor agrees to include this Section 3 clause in every subcontract subject
to compliance with regulations in 24 CFR Part 135 ((Paragraph 23 t)i) -23 t)vii) of
this contract)), and agrees to take appropriate action, as provided in an applicable
provision of the subcontract or in this Section 3 clause, upon a finding that the
subcontractor is in violation of the regulations in 24 CFR Part 135. The Contractor
will not subcontract with any subcontractor where the Contractor has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24
CFR Part 135.
v) The Contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the Contractor is selected but before the contract is
executed, and (2)with persons other than those to whom the regulations of 24 CFR
Part 135 require employment opportunities to be directed, were not filled to
circumvent the Contractor's obligations under 24 CFR Part 135.
vi) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
vii) With respect to work performed in connection with Section 3 covered Indian housing
assistance, Section 7(b)of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450e) also applies to the work to be performed under this contract.
Section 7(b) requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians, and (ii)
preference in the award of contracts and subcontracts shall be given to Indian
organizations, and Indian-owned Economic Enterprises. Parties to this contract that
are subject to the provisions of Section 3 and Section 7(b) agree to comply with
Section 3 to the maximum extent feasible, but not in derogation of compliance with
Section 7(b).
u) Section 109 of the Housing and Community Development Act of 1974(42 USC 5309), as
amended, providing that no person shall be excluded from participation (including employment), denied
program benefits or subjected to discrimination on the basis of race, color, national origin or sex under any
program or activity funded in whole or in part under Title I (Community Development) of the Act.
Page 10 of 14 Pages
v) Title IV of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 USC 2000 (d)) prohibiting
discrimination on the basis of race, color, and incorporates laws prohibiting age or handicap or religious
affiliation, or national origin discrimination in any program or activity receiving federal financial assistance.
w) The Fair Housing Act(42 USC 3601-20), as amended, prohibiting housing discrimination
on the basis of race, color, religion, sex, national origin, handicap and familial status.
x) Executive Order 11246 (1965), as amended by Executive Orders 11375 and 12086,
prohibiting discrimination on the basis of race, color, religion, sex or national origin in any phase of
employment during the performance of federal or federally-assisted contracts in excess of$2,000.
y) Executive Order '11063 (1962), as amended by Executive Order 12259, requiring equal
opportunity in housing by prohibiting discrimination on the basis of race, color, religion, sex or national origin
in the sale or rental of housing built with federal assistance.
z) Section 504 of the Rehabilitation Act of 1973 (29 USC 793), as amended, providing that
no otherwise qualified individual shall, solely by reason of a handicap, be excluded for participation
(including employment), denied program benefits or subjected to discrimination under any program or
activity receiving federal funds.
aa) Age Discrimination Act of 1975 (42 USC 6101), as amended, providing that no person
shall be excluded from participation, denied program benefits or subjected to discrimination on the basis of
age under any program or activity receiving federal funds.
•
ab) Fire Administration AuthorizationAct of 1992(P.L. 102-522),prohibiting the use of housing
assistance in connection with certain assisted and insured properties, unless various protection and safety
standards are met.
ac) Excessive Force. In accordance with Section 519 of Public Law 101-144, the HUD
Appropriations Act, Section 906 of Cranston-Gonzalez Affordable Housing Act of 1990, the Contractor has
adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within
its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and has adopted
and is enforcing a policy of enforcing applicable State and local laws against physically barring entrance to
or exist from a facility or location which is the subject of such non-violent civil rights demonstration within its
jurisdiction.
ad) Lobbying. The Contractor assures and certified that:
i) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress,or an employee of a Member of Congress in connection with the awarding
of any federal contract, the making of a federal grant,the making of any federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan or
cooperative agreement.
ii) If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an offer or employee of any
agency, a Member of Congress, an officer or employee of congress, or an employee
of a Member of Congress in connection with this federally funded contract, grant,
loan, or cooperative agreement, it shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying", in accordance with its instructions.
iii) It shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
Page 11 of 14 Pages
•
iv) It understands that this certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into. Submission
of this certification is a prerequisite for making or entering into this transaction
imposed by Section 1352, Title 31, USC. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000.00 and not
more than $100,000.00 for each such failure.
24. Monitoring and Evaluation. The State will monitor and evaluate the Contractor for compliance
with the terms of the contract, and the rules, regulations, requirements and guidelines which the State has
promulgated or may promulgate, including the State CDBG Guidebook. The Contractor may also be subject
to monitoring and evaluation by the U.S. Department of Housing and Urban Development.
25. Severability. To the extent that this Contract may be executed and performance of the
obligations of the parties may be accomplished within the intent of the contract, the terms of this Contract
are severable, and should any term or provision hereof be declared invalid or become inoperative for any
reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver
of any breach of a term hereof shall not be construed as waiver of any other term nor as waiver of a
subsequent breach of the same term.
26. Binding on Successors. Except as herein otherwise provided,this agreement shall inure to the
benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors
and assigns.
27. Subletting, Assignment or Transfer. Neither party nor any subcontractors hereto may sublet,
sell,transfer, assign or otherwise dispose of this Contract or any portion thereof, or of its rights, title, interest
or duties therein, without the prior written consent of the other party. No subcontract or transfer of Contract
shall in any case release the Contractor of liability under this Contract.
28. Non-Discrimination. The Contractor shall comply with all applicable State and Federal laws,
rules, regulations and Executive Orders of the 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. Applicant Statement of Assurances and Certifications. The Contractor has previously signed
an "Applicant Statement of Assurances and Certifications"which is hereby incorporated and made a part
of this Contract by reference.
30. Survival of Certain Contract 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.
g:\dohcom\cdbg\contract\boiler wav
Page 12 of 14 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 in compliance with CRS 38-26-106.
INDEMNIFICATION
4. To the extent authorized by law,the contractor shall indemnify, save and hold harmless the State, its employees and agents, against any and all
claims,damages, liability and court awards including costs,expenses, and attorney fees incurred as a result of any act or omission by the contractor, or
its employees, agents, subcontractors, or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended. and other applicable law
respecting discrimination and unfair employment practice(CRS 24-34-402), and as required by Executive Order, Equal Opportunity and 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 provided by the contracting officer setting forth provisions of this non-discrimination clause.
(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants
will receive consideration for employment without regard to race, creed,color, national origin, sex, marital status, religion, ancestry, mental or physical
handicap,or age.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
understanding, notice to be provided by the contracting officer, advising the 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-028
Revised 7/97
395-53-01-1022
Page 13 of 14 Pages
(g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any such rules, regulations,or orders,
this contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in
accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations or
orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive
Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations or orders promulgated in accordance therewith,or as
otherwise provided by law.
(h) The Contractor will include the provisions of paragraphs(a)through (h)in every sub-contract and subcontractor purchase order unless exempted by
rules, regulations,or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions will
be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the
contracting agency may direct,as a means of enforcing such provisions, including sanctions for non-compliance; provided, however,that in the event
the contractor becomes involved in, or is threatened with, litigation,with the subcontractor or vendor as a result of such direction by the contracting
agency,the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8-17-101 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 COLO
BILL OWEN OV
George F. Raxter (08/23/99) By
EXECu DIRECTo ,BOB BROOKS
Position (Title) Chair Protem
84-6000-813
DEPARTMENT
Numb,, �' ��, OF Local Affairs
(If Corporation:)
ilk . Oak'
dl�q� ., APPROVALS
Attest(Seal) 1110 (,
By �.. i cL- .' .• ,t%rz ,' • 0 i% STATE CONTROLLER
Deputy er to t e :oar. "
XIORNtxaaaaacx>X lcwacMOwIKw.1) ®,
0 n N�', Arthur L. Barnhart
issonPRE-APPFjY�)/ED F CONTRACT REVIEWER By By . - '-
ByZR se Marie Auten
Form 6-AC-02G/
Revised 7/97
395-53-01-1030 Page 14 which is the last of 14 Pages
CDBG#
Rev. 3/96
CDBG CONTRACT CHANGE LETTER#
THIS CONTRACT CHANGE LETTER NUMBER # , made this day of
199_, 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 11., Compensation and Method of Payments in the Original Contract is modified by deleting
" Amount " and inserting in lieu thereof" Amount ".
Paragraph 23., Compliance with Applicable Laws in the Original Contract is modified by
"[deleting]/[adding]" and inserting in lieu thereof:
Exhibit A, Scope of Service, 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 Service, 2. National Objective, is modified as follows: [Retype sentence]
Exhibit A, Scope of Service, 3. Time of Performance, is modified by deleting " Date " and inserting
in lieu thereof" Date ".
Exhibit A, Scope of Service, 4. Budget, is modified as follows: [Retype complete budget]
Exhibit A, Scope of Service, 5. Payment Schedule, is modified as follows: [Retype complete payment
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.
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.
Page 1 of 2 Pages
Contractor:
(Full Legal Name)
STATE OF COLORADO
BILL OWENS, GOVERNOR
BY
EXECUTIVE DIRECTOR.BOB BROOKS
Position(Title)
Social Security Number or Federal ID Number DEPARTMENT
OF I ( CAI AFFAIRS
(If Corporation:)
Attest (Seal)
BY
Corporate Secretary,or Equivalent.Town/County Clerk
APPROVALS
PRE-APPROVED FORM CONTRACT REVIEWER STATE CONTROLLER
Arthur L. Barnhart
BY BY
Rose Marie Auten
g:\dohcom\cd bg\contract\chan ge.ltr
Page 2 of 2 Pages
EXHIBIT A
Scope of Services
EXHIBIT A
SCOPE OF SERVICES
Weld County—# 98-868
1. PROJECT DESCRIPTION, OBJECTIVES,AND REQUIREMENTS
A. Weld County will provide ten (10) single family, owner occupied (SFOO) rehabilitation loans, two
(2) replacement housing loans. Funds will also be used for two(2) rental rehabilitation loans for
a total of ten (10) rental units. CDBG funds will be used for rehabilitation and replacement in
accordancewith performance goals and timelines outlined in Exhibit C, Project Performance Plan.
B. ELIGIBLE BENEFICIARIES Households receiving rehab or replacement loans must have a gross
income that does not exceed eighty percent(80%)of the area median income. Rental unit rehab
loans will be used to assist households with a gross income which does not exceed sixty percent
(60%) of AMI. A listing of the incomes for all family sizes is attached as Exhibit B. Households
must be low income at the time of the rehabilitation or replacement loan, or at the time the CDBG
funds are invested, whichever is later. Verification of income eligibility is good for a period of six
months.
C. Selection of contractors and purchase of materials to accomplish the Project shall follow
appropriate procurement standards as outlined in the FinancialManagement Section of the State's
CDBG Guidebook.
D. This project is subject to Section 3 Requirements that,to the greatest extent feasible,provides that
opportunities for training and employment or the awarding of contracts that arise this HUD-
financed project, the Contractor will give preference in the hiring to very low-, low-and moderate-
income persons, and the Contractor must give preference in contracting to businesses owned by
these persons or that substantially employ very low-, low-, and moderate-income persons in the
project area. Compliance requirements are set forth in Paragraph 23 (t)within the main body of
this Contract.
E. The Contractor shall comply with the administration requirements set forth in the 1999 Community
Development Block Grant Guidebook, or such requirements as may be subsequently issued by
the State.
G. Single Family Owner-Occupied Housing Rehabilitation Assistance and Home buyer Assistance
Programs must have established policies which define the criteria and manner by which the
program will be administered, and conform to the Division of Housing's 1999 RLF Policy
Guidelines and Procedures.
Such policies must include, but not be limited to, program eligibility requirements, allowable costs,
CDBG maximum assistance amounts, advisory committee composition and role, use of CDBG
funds in conjunction with other funds, collateral requirements, emergency repairs, change orders,
files and reports, accounting, receipt and selection of applications, contractor qualifications,
bidding and contracting procedures,lien waivers, inspection of work,program changes,temporary
relocation, conflicts of interest, and grievance/appeal procedures. Said policies must be available
for review during the project monitoring by the State.
H. Financial assistance provided to individual households may take the form of a loan, deferred loan,
or such other form as specifically authorized in advance by the State.
Page 1 of 3
I. The primary purpose of the CDBG funds in rehabilitation of existing structures is to address health,
safety, energy conservation, and structural deficiencies. Upon completion, each assisted unit,
except any on which only emergency repairs are undertaken, will at a minimum meet the HUD
Section 8 Housing Quality Standards for Existing Housing contained in 24 CFR 882.109,
incorporated by reference and the Fire Administration Authorization Act.
2. NATIONAL OBJECTIVE. This project provides rehabilitation and replacement of HQS-deficient homes
and rental units to persons of low-to-moderate income.
3. TIME OF PERFORMANCE. The Project shall commence upon the full and proper execution of this
Contract and the completion of the appropriate environmental review,and shall be completed on or before
August 31,2000. However, the Project time of performance may be extended by letter, subject to mutual
agreement of the State and Contractor. To initiate this process,a written request shall be submitted to the
State by the Contractor at least sixty(60)days prior to August 31,2000 , and shall include a full justification
for the extension request.
4. BUDGET
Total
Project CDBG Other Funds
Project Activities Costs Funds Amount Source
Rehab (SFOO) $212,500. $122,500. $90,000. ORDHGG/RLF
Replace $90,000. $55,000. $35,000. RLF
Rental Rehab $100,000. $50,000.' $50,000. OWNER
Gen. Admin. $24,000. $18,000., $6,000. ORDA/WCHA
Direct Admin/GURA $36,900. $36,900.' 0
TOTAL $463,400. $282,400. $181,000.
Funds from sources other than CDBG shall not be considered matching funds subject to federal audit
requirements.
5. PAYMENT SCHEDULE
$276,752.00 Paid upon receipt and approval of written requests from the Contractor for funds
to meet immediate cash needs.
$ 5,648.00 Final Payment-Paid upon completion of the Project, provided that the Contractor
has submitted and the Department of Local Affairs, Division of Housing has
accepted all required quarterly Financial Status Reports and Performance Report
information.
$282,400.00 TOTAL
Payments shall be made in accordance with the provisions set forth in Paragraph 13 within the main body
of this Contract.
6. CONTRACT MONITORING. The Colorado Department of Local Affairs, Division of Housing shall monitor
this Contract in accordance with the provisions set forth in Paragraph 24 within the main body of this
Contract.
Page 2 of 3
7. REPORTING SCHEDULE. The Contractor shalt 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;
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.
8. PROGRAM INCOME. This project will generate program income. It is the intention of the State that the
program income will be used in the following manner. All revenues received by the Contractor or
designated sub-grantee which result directly from a CDBG-assisted activity shall be considered program
income.Program income includes, but is not limited to, principal and interest payments and proceeds from
the sale of acquired assets. All program income is subject to all CDBG requirements, and must be
reported quarterly to the State. Program income shall be retained by the contractor or designated sub-
grantee,and shall be used to continue CDBG-eligible housing activities.A minimum of 80%of the program
income funds shall be expended on CDBG eligible housing assistance activities and up to 20% may be
applied toward administrative costs of the CDBG eligible activity.
9. INTEREST. The Contractor shall expend the CDBG funds within fifteen(15)days of receipt and shall not
earn interest on the funds prior to expenditure.
•
Page 3 of 3
EXHIBIT B
Definition of Moderate, Low and Very Low Income Households and Persons
C 0 0 0 0 0 0 0 0000 0000 0 0 0000 O O O O
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n
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CO m m O N m N m co co (0 m co 0 co en (o O to co o o 0 m ( 0 0 m c0 0 m a r N
0 N Nm tri M m m CO m N .- tO co" N m m N mOJ N - 6N N .20m m O0M
m 4 co N . V M N . m M M .- Ti. M N .- d M N . Ti. Co N .- 7 M N - a M N . 0 a M N
O 0000 0000 0000 0000 0000 0000 0000 0000 0000
to 00mm mm In 0000 OCLn to 00mm 00 in in Om mm 0000 LDN wO
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0 0000 0000 0000 0000 0000 0000 0000 0000 0 0 0 0
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m co at 0 0 0 coa) m m co on 0000
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O 0000 0000 0000 0000 0000 0000 0000 0000 0000
0 0 m m m N m 0 m N m O 0000 0 0 m m O m m m m e m o m m 0 0 0000
0 0 0 ' m M . NWWW O m — m I> ' co - 0 0 0 h N M coN m M O O m O V
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O 0000 0000 0000 0000 0000 0000 0000 0000 0000
to O C In m 0000 m cD 0 0 0000 m N m 0 O R In m m m m O LONLOO m co In O
m m Y a 0 7 m 0 0 V N M t m n N co m O m I� m a 0 m M - I- O O m m en - 0
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0 M N N ,- m R M N m V M N 7 M N - V M N N - M N N - e CO N LO m C M N O M N .-
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LL (NON m In m 1- n m N M O In In m m V N O O N • m h N M I-:r O m n m M V
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0 ,100 ON mO O V In m mN Om InN Om 0 a 00 m m 00 0000 O mm m
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0 0000 0000 0000 0000 0000 0000 0000 0000 0000
to In m m 0 d IO In In C Ow m 0 0 0 0 0 0 0 000 m 0 In 0 m V 0 m m p 0 m
m co com a 0 NON CO m in co h O N m m M m m O m N CO NW M V I- N
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LL N m V N V O N M N N M m 1- O 6666 N m Z m m m M m ' M m o m
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N O N M <O 0000 0000 0000 O d N N W W O m 0000 0000 0101000
0. N W m h N W W N W W N W W .- tQ m M d (6 W W N e W W N . W W dead
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th d M N W O O m m O O W W O O m W W M W r - W W 0 0 W W O O in O c d W R
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m M Ol CO W W . d 0 W . d 0 W ' d 0 d W O d * 000 W _ d 0 W d 0 M In - N
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0000 0000 0000 0000 0000 0000 0000 0000 0000
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O 0000 0000 0000 0000 0000 0000 0000 0000 0000
n 000 I n O d 0 0 O d 0 0 O d 0 0 0000 000 W 0400
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x W W W O O d 0 0 O d 0 0 O d 0 0 O N 00 O 000 0 O d 0 0 O d 0 0 0000
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0 0000 000 0 000 O 0000 0000 0000 0000 0000 0000
m 0000 to W W W COW LC) CO WO d In In O O O O Ln W WO CO O d 0 0
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m m m m m m m m m
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O 0000 0000 0000 0000 0000 0000 0000 0000 0000
in 0 W CO 0 W 0 0 0 0 0 W 0 0 0 0 0 0 0 W 0 0 0 CO 0 0 0 CO W i0 0 W 0 0 0 W 0 0
N
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O 0000 0000 0000 0000 0000 0000 0000 0000 0000
y In co In o o a o 0 o a o 0 0 a 0 0 0 a 0 0 0 a 0 0 0 0 LC) co 0 a 0 0 0 a 0 0
W m co 0 M N N M N N M N N ' Cr) N N , CO N N or M N CO M N N '- M N N -
a N .- W W N a O N N a O N N V O N N a O o‘i N a O N W R N M N a O N N a O N
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O 0000 0000 0000 0000 0000 0000 0000 0000 0000
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a m O a W N m '- CO N 0 ,- co N m ,- CO N Cr) .- W N m N W to M - CO N m .- W N O)
a W m a a 6 .2 m 0 m .2 W 0 W .2 m 0 6 .2 W 0 oi .2 W 0 N a O N m .2 W 0 m .2 W 0
co MN N r N N — ' N N - ' N N N N — ' N N — '— M N N N N '— '— N N
u coC) CO in minm
00 0000 0000 0000 0000 0000 0 0 0 0 0000 0 0 0 0 0 0 0 0
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0 0
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N M N N .- N .- .- N — N ' N '— ' N r N N — o N .-' .- N ,_ .-
0 0000 0 0 0 0 0 0 0 O 0 0 0 0 0000 0000 0 0 0 O 0000 0 0 0 0
N to CO to O O CO m O CO W O m m O CO W O CO W O a W O co mO co W
N CO M W N CO m m CO 0 ' m W m " m m m ' m W m .- m m o 0 (0 co O m W 0 in
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co or M m 0) to N
Coi o o N 0) of Lo e N
W co of CO CO N of CO Co
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d asets ao aao aao o a vo 0 0 o aa° o so ao 0 0 o ao 0 0 o asees ao 0 0 0
H 20 00r0i 2 mmmC 2m0LC m0L0C 2m ( LC 2 mmmin 20 cootoi) en 20 mmmC 2 m moo
Z Z F
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o 0000 0000 0000 0000 0000 0000 0000 0000 0000
o m m o to m m m o O o m m m a 0 m m m m o O m 0 o m m m 0 m m m o m m co o
0
m a M n 0000 m n r-, co M a N N m M m o M a Q N m m m o m m m o a m 0 a
O. a CO- n m N m m n m M n m a m a N m m 4666 N m m N m m m a m n
m a M N .- a M N .- a M N .- Q m N .- a M N .- o m m m a M N e a M N ,- a M N -
O 0000 0000 0000 0000 0000 0000 0000 0000 0000
m O m m 00 LC) m m a 00 (0 ,1 00 o m m m o N m o 000
") o m m m L0 m o m
y m m N n .- 0 0 0 n m M m M m N - 000 a m M a .- 0 0 0 - 000 m n co co
m
a m m Coon a M m M N m m o o m m O m n m O O m m O O m m M N .-
r, a M N � a M N .- a M N N .- a M N - a M N � m m a N a M N � a M N � a M N N
O 0000 0000 0000 0000 0000 0000 0000 0000 0000
c 0 m m m o O a m LC) 0000 m O m 0 0 ,1m0 0000 O a m LC) O a m t[l 0000
N a m N m . a 0 m M - N M M N .- m .- a 0 0 .- COO m .- a 0 m ,- a 0 m m m M
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m MNN MNN r- aMN � aM N - MNN mma NN MNN .- MNN aMN -
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m N m 0 O m 0 0 m N m 0 O O O O O m 0 0 O O m m 0000 0000 0004 m
N m a m as M co M N M O m N m ' 0 ! m m m N n 0) .- m '- m - m '- O co r-- N
a m n N M Q m M m m a a n m M a a m M N m a 46 . M a m . M 6664
m M N N - No N N F- M N N .- INN - M N N c- m a $a N M N N r M N N - M N N .-
O 0000 0000 0000 0000 0000 0000 0000 0000 0000
m CO m o o a 00 0000 o o m m 000 o a 00 o Q 00 o a o 0 0000
m
m M n N) N N .- - 0 m m 0 .- NO M N N . n m N m M N N '- M N N .- N a O N
a M m N N N N m n N M a m M O N m m m N N a N N N 66 (46.
a M N N M N N N N M N N ,- M N N MN N N a a M N co N N N M N N N N M NN N
O 0000 0000 0 0 0 0 0000 0000 0000 0000 0000 0000
y m w . 0
0 a 0 0 m 000 O N O m 0 a 0 0 m co 0 m 0 a 0 0 0 a 0 0 0000
a m O a '- m N M a M M N co to co N - m N M m N a m .- m N m - m N M n n m M
a O N m Cl m 0 N a O N M m M m 0 6 .246 m m 0 M m 0 - CO m r
M CO N - .- N N - - CO N N .- co N .- N N - e a Q M N N N .- r N N - - MN - c-
c
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O 43 N M .- m M CO m O m m m a a m M On O m co CO m M 'L 0 m MN .- m m
a n 0 t0 O to O) m 6 .266 n O n O to O0 mm O7 t0 O 00 trim m - to d m W ,s nO
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m N N r r
0 0000 0000 000 0 000 O 000 0 0000 0000 000 000
hai
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y 000 , m o m o m m 0000 0000 o m mO m 0 0
n n m co co
m N M m a M M N m m co m - - NO
n 0 m m .- m M m a a N
a Mna Nma mm amm - Nmaj QNmm Nma ,6 Nma - amm -Nm N N NN -
0 0 0 0 0 0 0 0 0
NI m m m a elO
N N tri ri Id 6 N m a
a co a a CO n CO CO a
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o 0 0 o 0 0 0 0 0
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co « « « « « « « « « « « « « « « « « « « « «
a N E - E E _ N ! t0 !E N E _ T E .E N E 10
ti E E E E '� E E E E °- E E E 'E_ 'i E E E E 'i E E E E LL E E E E 'i E E E E a E E € E a E E E E
o J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J
a aeeee ae e2° e aee ee aeeee a o e e e `aee eo ae e e l aee e o ae e e e
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=' co m m o N a �n n m CO m o m m m o in a m N m m m o co co m m CO a a
m
0_ N cq mm cn c— a0 N . mm N nmm m - N N .- mm Mn 0) M man N
co M N .- in a CON a M N a PIN m 0 a N N a M N - m a CO N m a M N
O 0000 0000 0000 0000 0000 0000 0000 0000
0 0 co co 0 a U Lo O co 6 m 0 co m In 0 0 6 6 o co m LO cn a in in in CO m 0
N — 0 0 0 m m a v - 0 0 0 F 0 0 0 nr M N .- 0 0 0 N 0 a a N
CI_ O O N m cci. N m O O m m O O m cn a m O a 0 0 \n )0 M a n N m N in
n a M N .- m M CO F a M N , a M N - m a a N a M N cn a M N cn a M N
O 0000 0000 0000 0000 0000 0000 0000 0000
0a Loco LONm0 Dam co Oa 66 mm c> O 0a cn in in no mO Om 06
0 - a 0 co a M N in a 0 m F a 0 N - 0 0 co c- a 0 a 0 0 0 CO a m a
a n m M a m m O m h m M a n CO CO a O 6 n N n m M a N m N N Cr; Ni 41
m CO N N ,- a M M .- M N N M N N .- CO a OD M N N - L0 m a M N in M M .-
O 0000 0000 0000 0000 0000 0000 0000 0000
0000 OOmm 0m 00 0m 00 LO m co 0 0000 ONO CO ONO co
mom .- N mN O) m � m - m .- CO 0000 O) . m . NF0m ONOM
o. am M mMmm am M am M mNLC; c . m NM LOMNO) mm Om
4.0 M N N F a M N - M N N F M N N - Ln a M N M N N Ln CO M .- a M M -
O 0000 0000 0000 0000 0000 0000 0000 0 0 0 0
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N co N N CO M i n CON N a) N N .- m m a a CON N - m N N F MOM O
0_ N a 0 N . co in N a O N N a 0 N m N m N a O N n m O m cn a co- n
a M N N . a M N - CO N N . M N N c- co M M F M N N ? a CO M - a M N c-
O 0000 0000 0000 0000 0000 0000 0000 0000
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a) .- m N O) to N m c- CO N T c- CO N m N O N in - CO N O) O co N M m 0 ( M
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M N N . - Co N N . N N - N N ' ' a M N . N N a M N .- a M N -
0 0 0 0 0 0 0 0 m 0000 0000 0000 0000 0000 0000
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m op et, .- a 0 m N co M e 0 co M in m co co co r ° N o e- cn CO N n m
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N N - c- a) M N N '- N - - m N F m a CO N - N , m CIN N - elN N T-
0 0000 0000 0000 0000 0000 0 0 0 O 0000 0000
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m m m .- M m M 0 m m m m M N n m CO CO a M n n m CO m
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EXHIBIT C
Project Performance Plan
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