HomeMy WebLinkAbout972344.tiff RESOLUTION
RE: APPROVE CDBG CONTRACT CHANGE LETTER#1 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 CDBG Contract Change Letter#1
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Housing Authority and the
Colorado Department of Local Affairs, commencing upon full execution of said change letter,
and ending on the date set under the terms of the original contract, with further terms and
conditions being as stated in said change letter, and
WHEREAS, after review, the Board deems it advisable to approve said change letter, 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 CDBG Contract Change
Letter#1 between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Housing Authority, and the
Colorado Department of Local Affairs be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said change letter.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of October, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
WELD UNTY, COLORADO
ATTE d% i 7 ,
George . Baxter, Chair
Weld Couft ,s,Lt and
Lance L. Har rt, ro m
BY: earchu
Dep r Board
Dale-K. Hall
APPROV D AS TO FORM:
EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer ) p
ounty ney i1
W. H. � ter
972344
LC: 55; /-095 5 HA0017
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R`� j D DEPARTMENT OR AGENCYCDBG.# $37B 5 ^. c EyE
Rev 4/1/O i �
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199; DEC 30 Al l: c! CONTRACT ROUTING NUMBER
A ,, CLERt 0/5(F
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CONTRACT
Att
THIS CONTRACT, made this .264 day of � , 1997, by and between the State of
Coloiado,for the use and benefit of the Department ofl.ocal Affairs. 1313 Sherman Street. Denver. Colorado
80203'1' ? ereinafter referred to as the State, and Weld County. Post Office Box 758. Greeley. Colorado. 80632 ,
hereinafter;referred to as the Contractor,
REAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
avail- • r• :a sufficient unencumbered balance thereof remains available for payment in Fund Number /00,
Ap•) r,rill Q` e Number /l io , Org. Unit FJ)& , GBL DS55 , Contract Encumbrance Number
. .1).CZ 74 ; and
So-
ACrI .Viy;(, - •S,required approval,clearance and coordination has been accomplished from and with appropriate
ages•( ; rl'G„„
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V•4:1 a;> •S,the United States Government, through the Housing and Community Development Act of 1974
(" z 4rq'-), 14+1.,. L No. 93-383, as amended, has established a Community Development Block Grant ("CDBG")
p •4.1I'it.r.C. },c allowed each state to elect to administer such federal funds for its nonentitlement areas, subject to
certain t 0,',,t:IE''.including a requirement that the state's program give maximum feasible priority to activities which
wil -:i(fil+' "i•' -;low-,and moderate-income families or aid in the prevention or elimination of slums or blight; the
sta 8•)t:.4lr>Aii - also include activities designed to meet other community development needs having a particular
)`1 u •- 'J: -t' '°existing conditions pose a serious and immediate threat to the health or welfare of the community
whe =49 a, "ancial resources are not available to meet such needs. Additionally, the state's program is subject to
a feeler:dreg Trenient 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
roU , WHEREAS,the State of Colorado has elected to administer such federal funds for its nonentitlement areas
th Eoglorado Department of Local Affairs ("Department"), pursuant to C.R.S. 1973, 24-32-106(1) (d), 24-32-
304(2 c(24 32-705(1) (i); and
EREAS,the Department has received applications from political subdivisions in Colorado for allocations
from a eral'CDBG funds available to Colorado; and
tiyW, EREAS, the Contractor is one of the eligible political subdivisions to receive CDBG funds; and
m1. RiAS,the Department has approved the proposed Project of the Contractor,
•' 0 t THEREFORE, it is hereby agreed that:
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Scoce of Services. In consideration for the monies to be received from the State, the Contractor shall
doj',,,'.'.q :and carry out, in a satisfactory and proper manner, as determined by the State, all work elements as
and a-- -• ' the "Scope of Service", set forth in Exhibit A, which is attached hereto and is incorporated herein by
refere1nd" F �, nd is hereinafter referred to as the"Project". Work performed prior to the execution of this Contract shall
not be cnsidered part of this Project.
2 N."Responsible Administrator. The performance of the services required hereunder shall be under the direct
sups I torah Sheehan , an employee or agent of Contractor,who is hereby designated as the administrator-in-
ch 4 Project. At any time the administrator-in-charge is not assigned to this Project, all work shall be
sus til1the Contractor assigns a mutually acceptable replacement administrator-in-charge and the State
reek o Cation of such replacement assignment.
Page 1 of 14 Pages
_T
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 Obiectives. 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:
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 hinds 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 releasp 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 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:
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 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, non-and for-profit organizations,or private developers shall 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 jn 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 altemative 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 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
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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 Eighty One Thousand Four Hundred Ninety Five
and NO/100 Dollars ($81.4951 . 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.
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 govemment 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 Govemment Audit Law,
C.R.S. 1973, 29-1-601,et Lgg 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 noncompliance 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 employment taxes 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 subcontractors of Contractor pursuant to this agreement, and Contractor agrees to indemnify the State for any costs
for which the State may be found liable in this regard.
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
its 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 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 modifications are 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 lad.
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 employ,any
Page 6 of 14 Pages
of the above, has a financial or other interest in the party or firm selected for award. Officers,employees or
agents of the Contractor and its subcontractors shall neither solicit nor accept gratuities, favors or anything
of monetary value from parties or potential parties to contracts. Unsolicited items provided as gifts are not
prohibited if the intrinsic value of such items is nominal.
b) In All Cases Other Than Procurement. In all cases other than procurement(including the
provision of housing rehabilitation assistance to individuals, the provision of assistance to businesses, and
the acquisition and disposition of real property), no persons described in subparagraph i)below who exercise
or have exercised any functions or responsibilities with respect to 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
j. 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);
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
Contractor and any subcontractors shall strictly adhere to all applicable Federal and State laws, orders, and
all applicable standards, regulations, interpretations or guidelines issued pursuant thereto. The applicable
Federal laws and regulations include:
a) 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 tje_Sdry! Fnvj -jit 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. FloodDlain 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 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
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
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.
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 Assistant and Real ProoertyAcouisition Poe
li i A t of 197 Titl
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 appraisals as 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 Assistanceand Real Procerty Acauisition 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.
Section
d) of the
as amended and implementing f regulations at 24 CFR Part 570)nd 0 Community
ding for the eplaceme Develooment Act of nt(42 o all loSC w- 1
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.
Contract Work Hours and
ty
that
mechanics and laborers employed on federally are sisted contracts which s Act of exceed$2,000 be paid40 USC 327 et 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) Cooeland"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 Poisonina 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.
ss
se
the following:t)Section 3 of the Housing and Commovided for in unity ty DevelopmHIBIT A, ent Act ofe of ices,1968this(12 U.S.contract is 1701 ( ))subject to
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 sancitons,
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.
v) Title IV of the Civil Riahts 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.
Page 10 of 14 Pages
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 Authorization Act 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.
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.
Page 11 of 14 Pages
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. i3indina 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\cd bg\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,mad,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 Affirmative Action,
dated April 16, 1975. Pursuant thereto,the following provisions shall be contained in all State contracts or subcontracts.
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 Govemor.
(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 Govemor,or pursuant thereto,and will permit access to his books,records,and accounts by
the contracting agency and the office of the Govemor or his designee for purposes of investigation to ascertain compliance with such rules,regulations
and orders.
(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such
individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity,because of race,
creed,color,sex,national origin,or ancestry.
(f) A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder,or attempt either directly
or indirectly,to commit any act defined in this contract to be discriminatory.
Form 6-AC-02B
Revised 7/97
395-53-01-1022
Page 13 of 14 Pages
•
(g) In the event of the contractors 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
liti
gation,involved in,or is threatened with, tigation,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 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 My 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. My 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 / L,,,,
(Full Legal Name) 9Fb12y r. Ribei c
OF ER,GOVERNOR
ROY ROMER, RADO
ROY NOR �J
By
• /) EXECUTIVE
O r� • TC C
Position(Title) t-. 14[k'Iffi/7, Paned of (Irnrn-as/d77& 2 FOR THE E�kEcum E DIRecroa, Larry Kallenberger
4- 0006'r,�a NumberDEPARTMENT
OF Local Affairs
(If Corporation)
Attest(Seal) APPROVALS
By STATE CONTROLLER
Clifford W. Hal
PRE-A ED NTRACT REVIEWER By
,f��OJ''� ��
By i' Marie Auten
Form 6-AC-02C
Revised 7/97
395-53-01-1030 Page 14 which is the last of 14 Pages
EXHIBIT A
Scope of Services
EXHIBIT A
SCOPE OF SERVICES
WELD COUNTY 96-637-B
1. PROJECT DESCRIPTION, OBJECTIVES,AND REQUIREMENTS
A. This project is a continuation of the Weld County's rehabilitation program. The Weld County Housing
Authority(WCHA)will rehabilitate eight(8)single family owner-occupied houses in Weld County. WCHA
will contract with the Greeley Urban Renewal Agency(GURA) for the direct administration of the project.
CDBG funds will be used for rehabilitation, and general and direct administration.
B. Selection of contractors and purchase of materials to accomplish the Project shall follow appropriate
procurement standards as outlined in the Financial Management Section of the State's CDBG Guidebook.
C. This project is subject to Section 3 Requirements. If the project is subject to these requirements, the
Contractor will provide, to the greatest extent feasible, opportunities for training and employment to very .
low-, low- and moderate-income persons. The Contractor will give preference, to the greatest extent
feasible,when awarding contracts to businesses owned by very low-, low-and moderate-income 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.
D. The Contractor shall comply with the administration requirements set forth in the 1995 Community
Development Block Grant Guidebook,or such requirements as may be subsequently issued by the State.
E. Single Family Owner-Occupied Housing Rehabilitation Assistance and Homebuyer Assistance Programs
must have established policies which define the criteria and manner by which the program will be
administered.
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.
F. 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.
G. 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 to persons
of low-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 May 31, 1998.
However, the Project time of performance may be extended by the change letter process, 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 May 31,1998, and shall include a full justification for the extension
request.
Page 1 of 2 Pages
4. BUDGET
Total
Project CDBG Other Funds
Protect Activities Costs Funds Amount Source
Rehabilitation(15) $112,685 $56,514 56,171 RLF
General Administration $9,396 $6,896 2500 WCHA
Direct Administration $19,085 $18,085 1,000 WCHA
TOTAL $141,166 $81,495 $59,671
Funds from sources other than CDBG shall not be considered matching funds subject to federal audit
requirements.
5. PAYMENT SCHEDULE
$77,420 Interim Payments-Paid upon receipt and approval of written requests from the Contractor
for funds to meet immediate cash needs.
$4,075 Final Payment-Paid upon substantial 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.
$81,495 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.
7. REPORTING SCHEDULE. The Contractor shall provide quarterly financial and performance reports to the
Department of Local Affairs, Division of Housing in accordance with the provisions set forth in Paragraph 21 within
• the main body of this Contract, and within ninety (90) days after completion of the Project, the Contractor shall
submit to the Department of Local Affairs the Project Completion Report and Final Financial Status Report as
required in the Close-Out Section of the State CDBG Guidebook.
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. To the extent
possible, program income shall be expended prior to requesting any additional funds from the State.
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 2 of 2 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
ROY ROMER, GOVERNOR
BY
FOR THE EXECUTIVE DIRECTOR,LARRY KALLENBERGER
Position(The)
Social Security Number or Fades ID Number DEPARTMENT
OF I f1f:Al AFFAIRS
(If Corporation:)
Attest(Seal)
BY
Corporate Secretary,or Equivalent,Town/County Clerk
APPROVALS
PRE-APPROVED FORM CONTRACT REVIEWER STATE CONTROLLER
Clifford W. Hall
BY BY
Rose Marie Auten
g:ldohcom\cdbg\contract\change.ltr
Page 2 of 2 Pages
EXHIBIT B
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CDBG #96-637
Rev. 3/96
CDBG CONTRACT CHANGE LETTER# 1
THIS CONTRACT CHANGE LETTER NUMBER # 1 , made this 30th day of September, 1997,
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 Weld County,
Post Office Box 758. Greeley. Colorado 80632, hereinafter referred to as the Contractor,
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient unencumbered balance thereof remains available for payment
in Fund Number 100 , Appropriation Code Number 116. 117 , Org. Unit FDAO, GBL D553. D631, Contract
Encumbrance Number H6CDB96637 ; and
WHEREAS, this Change Letter modifies Contract* H6CD696637 , Routing#01397, dated
December 20, 1996, and both the State and the Contractor are agreeable to this contract modification,
THEREFORE, this Contract is changed as follows:
Exhibit A, Scope of Service, 3. Time of Performance, is modified by deleting " November 15
1997 "and inserting in lieu thereof" May 31, 1998 '.
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# 1 and all previous changes. Both parties
also expressly understand that this Change Letter# 1 is incorporated into the Original Contract.
This Contract Change Letter Number# 1 is intended to be effective as of September 30,
1997 , but in no event shall it be deemed valid until it shall have been approved by the State Controller or
such assistant as he may designate.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above
written.
Contractor:
(Full Legal Name) WELD COUNTY BOARD OF CDnm1TccTONERS
STATE OF COLORADO
ROY ROMER, GOVERNOR
GEORGE E. BAXTER (10/27/97) BY
Position(Title)
CHAIR FOR THE EXECUTIVE DIRECTOR,LARRY KALLENBERGER
84-6000-81R
Social Security Number or Federal ID Number DEPARTMENT
OF I nfAI AFFAIRS
Page 1 of 2 Pages
Of Corporation:) rd_ j
Attest(Seal) 41
G
BY ., . )A Feputy
t±��"0 punk to the Board
� �, "—r_2 APPROVALS
PRE-APPROVED FORM CONTRACT REVIEWER STATE CONTROLLER
Clifford W. Hall
BY BY
Rose Marie Auten
g:1d o h c o m\cd b g\contract\c h a n g e.ltr
Page 2 of 2 Pages
(if TO: George E. Baxter, Chair, Board of County
Commissioners
FROM: Judy Griego, Director pep- ment of Social
OServices 1 , •
SUBJECT: CDBG Cont ct C4nge Le I er 1
COLORADO DATE: October 20, 997
As discussed at the Housing Authority Work Session of October 20, 1997, we have received a
Contract Change Letter to the CDBG Contract for 1997, which extends the program deadline
to May 31, 1998. The extension should provide adequate time to complete all remaining
projects.
Staff is recommending Board approval of the Contract Change to the 1997 CDBG Housing
Rehabilitation Contract.
If you have any questions, please telephone me at extension 6200.
HA0017
972344
PER JIM SHEEHAN
THE ORIGINAL CHANGE LETTER WAS NOT
SUBMITTED TO THE STATE IN TIME FOR STATE
SIGNATURES. AFTER DISCUSSION WITH THE
STATE AND DONALD WARDEN IT WAS
DETERMINED TO HAVE A NEW CONTRACT
SIGNED SHOWING THE CHANGE LETTER
ADMENDMENTS.
THE NEW CONTRACT WAS SIGNED ON 12/26/97
BY THE STATE.
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