HomeMy WebLinkAbout770425.tiff RESOLUTION
RE: AUTHORIZATION FOR CHAIRMAN TO EXECUTE THE RURAL HOUSING
GRANT PROJECT CONTRACT BETWEEN THE DEPARTMENT OF LOCAL
AFFAIRS, DIVISION OF HOUSING, AND THE COUNTY OF WELD.
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 Director of the Department of Planning Services
has informed the Board of County Commissioners of the necessity
to execute The Rural Housing Grant Project contract between the
Department of Local Affairs, Division of Housing, and the County
of Weld, to provide State housing grants to public and non-profit
private housing sponsors to induce at least equal amounts of
non-State investments for the construction, rehabilitation and
acquisition of housing for low-income families and persons, and
WHEREAS , Weld County has as one of its intended purposes,
to provide adequate housing and facilities incidental thereto
for low-income families and persons; and
WHEREAS, physical conditions exist in houses in Weld County,
Colorado, which pose dangers to the health, welfare, and safety
of low-income homeowners, and
WHEREAS, the County of Weld has adopted a program to provide
adequate housing for low-income homeowners and has appropriated,
or obtained commitments for, housing rehabilitation funds for
the program for the Evanston, Wattenburg and Greeley Spanish
Colony areas of Weld County, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado deems it advisable and in the best interest of Weld
County, Colorado to authorize the Chairman of the Board to execute
the above-mentioned contract.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the Chairman of the
Board be, and hereby is authorized to. sign the contract for the
Rural Housing Grant Project by and between the Department of
Local Affairs, Division of Housing, and the County of Weld,
a copy of which is attached hereto and incorporated herein by
reference.
�th9a9 770425
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The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 5th
day of October, A.D. , 1977.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLORAA''O
fi10 ,.. ( ,-' c.r.
ATTEST: {
Weld County Clerk and Recorder
and Clerk to the Board ,
( I
Deputy County Clerk
C7YDASTOFORX4; LJ
/ ��
9.,
County Attdfney
I
-2-
Date Presented: October 17 , 1977
Form AC-02A
A, <-c/' L'/
DEP MEN(OR AGENCY NUMBER
u__i141.___.
CON 1 RAC I' ROUTING NUMBER
R 17 8-
URALl`✓ 7
HOUSING GRANT PROJECT
1/42 CONTRACT (��
THIS CONTRACT, made this day of QQ, •611O _1972, by and between the
State of Colorado for the use and benefit of the Department of 't Local Affairs, Division of Housing
hereinafter referred to as the State, and .2 the County of Weld
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 embered balance thereof remains available for payment in Fund Number�.001 ,
G/L Account Number.'/twncuLI,eontract Encumbrance Number 2'21 0 J ; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS, '3 the State—Division is empowered to provide State housing grants to
public and non—profit private housing sponsors to induce at least equal amounts of
non—State investments for the construction, rehabilitation and acquisition of housing
for low—income families and persons; and
WHEREAS, Contractor has as one of its intended purposes to provide adequate
housing and facilities incidental thereto for low-income families and persons; and
WHEREAS, physical conditions exist in houses in Weld County, Colorado, which
pose dangers to the health, welfare, and safety of low-income homeowners; and
WHEREAS, the County of Weld has adopted a program to provide adequate housing for
low-income homeowners and has appropriated, or obtained commitments for, housing re-
habilitation funds for the program for the Evanston, Wattenburg and Greeley Spanish
Colony areas of the County;
NOW THEREFORE, it is hereby agreed that
I. .4 State-Division shall deposit the amount of Thirty Thousand Dollars
($30,000.00) in the account of Contractor for housing rehabilitation, construction,
reconstruction, acquisition, moving and placement for low-income homeowners, at such
time as Contractor has placed in the account, or has firmly committed, a like or
greater amount for the work, State funds shall be withdrawn from the project account
only with approval by State-Division director or his designee; and
2. The estimate for funding for said program to provide adequate housing
for low-income homeowners is about Two-Hundred Sixty Thousand Dollars ($260,000.00)
of which State-Division share is Thirty Thousand Dollars ($30,000.00) and Contractor
non-State matching share from federal Community Development monies is about Two-
Hundred Thirty Thousand Dollars ($230,000.00) . State-Division share and Contract
non-State matching share shall be used for grants to low-income homeowners. Private
and federal housing rehabilitation loans shall be utilized, when feasible, to com-
plement and supplement State-Division and Contractor non-State grant monies; and
3. State-Division share shall be its maximum liability, and Contractor
shall pay the entire amount of any excess over said estimate for said program; and
4. No part of said State-Division Thirty Thousand Dollar ($30,000.00)
share and no part of Contractor non-State matching share of about No-Hundred Thirty
Thousand Dollars ($230,000.00) shall be used for project planning, development, or
administration; and
Page I of 4 pages
`(Nrr imtrncfi„ns nn raw.-axe nr I:tf paor.l
5. State-Division, other appropriate government agency, or any person
designated by such agency, shall have the right to inspect said housing rehabili-
tation, construction, reconstruction, acquisition, moving and placement, providing
that such inspection be conducted at a reasonable time and in a reasonable manner;
and
6. State-Division, other appropriate government agency, or any person des-
ignated by such agency, shall have the right to audit said program account, pro-
viding that such audit be conducted at a reasonable time and in a reasonable manner;
and
7. Contractor shall cause said housing rehabilitation, construction, recon-
struction, acquisition, moving and placement to be performed in a good and workman-
like manner and in conformity with appropriate Federal, State and local requirements;
and
8. Contractor agrees to require owners of rehabilitated, newly-constructed,
reconstructed and acquired housing to which funds provided by this contract are
applied to bind themselves by contract to refund to the Contractor any amount derived
from State funds pursuant to this contract in the event said owners dispose of or
cease to occupy the property to which said amount has been applied pursuant to this
contract. Such contract shall provide for scheduled decreases in the amount which the
owner shall be required to refund until the expiration of at least the fifth (5th) year
after completion of rehabilitation or acquisition and rehabilitation of existing housing,
and until the expiration of at least the tenth (10th) year after completion of acquisition
of newly-constructed housing, and that such obligation shall be an encumbrance and lien
on the property. The Contractor agrees to record a copy of said contract with the
Clerk and Recorder of the County wherein the real property lies as an encumbrance and
lien upon the real property. The Contractor further agrees to use all State funds
refunded by the owner prusuant to said contract for the same use for which provided
pursuant to this contract.. In the event Contractor is no longer administering said
program, all State funds refunded by owners pursuant to said contract shall be returned
to State-Division; and
9. Any Contractor contracts for rehabilitation and construction shall be bid
under procedures approved by the State-Division. All work shall be awarded as a re-
sult of open competitive bidding and award made to the lowest responsible bidder; and
10. Contractor shall provide a status report at least every thirty (30) days,
or as required, showing project completion percentage, funds utilized, and funds re-
maining; and
11. Contractor shall expend or encumber Thirty Thousand Dollars ($30,000.00)
State-Division share and Two-Hundred Thirty Thousand Dollars ($230,000.00) Contractor
non-State matching share by December 31, 1978. Any unencumbered State. funds remain-
ing in program account on said date shall be returned to State-Division.
i
Page 2 of 4 pages
• 'Form 6-AC-u211 SI'LCIAL- 14O.11 ISIU.NS i1
• CONTROLLER'S AI'I'RO,'AL.
I. This contract shall not he deemed valid until it shall haw been approved by tai' Controller of the Shale of
•
Colorado or such assistant as he may designate. This pros ision is applicable to:riv co:i nact ihnohin❑ the payment of
money by the State.
FUND AVAILABILITY
2. Financial obligations of the State 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 ten thousand dollars for the construction,erection,repair.
maintenance, or improvement of any building,road.bridge,viaduct.tunnel,excavation or other public works for this
State, or for any county,city and county,municipality,school district.or other political subdivision of the State.the
contractor shall, before entering upon the performance of any such work included in this contract,duly execute and
deliver to and file with the board,officer,body.or person by whom such contract was awarded a good and sufficient
bond to be approved by said official in a penal sum not less than one-hall of the total amount payable by the terms of
this contract:Such bond shall be duly executed by a qualified corporate surety.conditioned for the due and 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, provender or other supplies used or consumed by such
contractor or his subcontractor in performance of the work contracted to be done.the surety will pay the same in an
amount not exceeding the sum specified in the bond,together with inter,'st at the.rate of eight per cent per anum.
Unless such bond, when so required, is executed,delivered and filed,no claim in favor of the contractor arising under •
this contract shall be audited,allowed or paid.
MINIMUM WAGE
4. Except as otherwise provided by law, if this contract provides for the payment of more than'five thousand
dollars and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of
any building or other public work, (except highways, highway bridges. underpasses and highway structures of all
kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the •
contractor or any subcontractor on the building or public work covered by this contract shall be nut less than the •
prevailing rate of wages for work of a similar nature in the city,town,village or other civil subdivision of the State in
which the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in
8-16-101. CRS 1973, as amended.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Autidiscrimintio❑ Act of 1957.
as amended. and other applicable law respecting discrimination and unfair employment practices (24-34-301, CRS
1973, as amended), 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 sub-contracts.
During the performance of this contract, the contractor agrees as follows:
• (I) The contractor will not discriminate against an' employ ee 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 goring 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. asailable to
employees and applicants for employment, notices to be provided by the contracting officer setting forth
provisions of this non-discrimination clause.
•
(2) The contractor will,•itt 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.
(3) The contractor will send to each labor union or representative of workers with which he has 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 committment under the Executive
Order, Equal Opportunity and Affirmative Action, dated April 16. 1975, and of the niles. regulations, and
relevant Orders of the Governor.
(4) 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, regulation: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 tri ascertain compliance
•
with such rules, regulations and orders.
•
(5). A labor organization will not exclude any individual otherwise qualified from full membership rights-in
sueh 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.
(6) 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 he discriminatory or obstruct or present 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 he discriminatory.
•
page----3_._of . 4.. _pages
I inn h•
(7) In the ,vent of the contractor's non-compliance with the non-disrriuiivalioncl uses of this contract or
with any of such rules. regulations. or orders. this contract may be cancelled, terminated or suspended io
whole or in part and the contractor may be declared ineligible for further State contracts in accordance with.
procedures. authorited'n Executive Order, Equal Opportunity and Affirmative Action of April 16. 1975 and
the rules. regulations. or orders promulgated in accordance therewith, and such otter sanctions as may he
imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative
Action of April lb, 1975, or by rules, regulations, or orders promulgated in accordt h e therewith, or as
otherwise provided by law.
(8) The.contractor will include the provisions of paragraphs (I) through (S) in every sub-contract and
sub-contractor 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 sub-contractor 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
6. Provisions of 8-17-101, & 102. CRS 1973 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 Stat: funds.
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. The signatories hereto aver that they are familiar with 18.8-301. et seq.• (Bribery and Corrupt Influences)
and 18-8.401: et seq.. (Abuse of Public Office), C.R.S. 1973, as amended,and that no violation of such provisions is
present.
9. The signatories aver that to their knowledge. no state employee has any personal or beneficial interest
whatsoever in the sen ice or property described herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above written.
COUNTY OF WELD STAT . . ' COLORADO
RICA AI 1 D. LAS 11 1:O14:R\t)1;
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h�• Gnnracfor__�, _---- kfSl(l I lx'p. UIHI C RT1t:�,
chairperson IMPARTMENT
LOCAL AFFAIRS
Position oard of_ Weld County Commissiongg6 _ ---- .-----------
Attestc � I —
•
Coun ✓ Clerk and Recorder
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( v x V`A*- ✓ APPROVALS
Deputy County Clerk — °P1/41,..6 �. �'iti� l � �t :J+�t
ATi1 RNEY GENERA ".,.�-Fa' t i _. ON ROI.t.i-K - ----- ----
By_ Il . l By \ —
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State Housing Board
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