HomeMy WebLinkAbout950890.tiff ORDINANCE NO. 50
IN THE MATTER OF APPROVAL OF AMENDMENT TO THE AMENDED RURAL HOUSING
GRANT PROJECT CONTRACT BETWEEN THE DEPARTMENT OF LOCAL AFFAIRS ,
DIVISION OF HOUSING OF THE STATE OF COLORADO AND THE COUNTY OF WELD.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
COLORADO:
WHEREAS, on October 20 , 1977 , a Rural Housing Grant Project
contract was entered into between the Department of Local Affairs ,
Division of Housing of the State of Colorado and the County of
Weld, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado approved an amendment to said contract through Ordinance
No. 36 on the 22nd day of November, 1978 , and
_ WHEREAS , the Board of County Commissioners of Weld County ,
Colorado approved an amendment to the Amended Rural Housing Grant
Project contract through Ordinance No. 41 on the 11th day of
December, 1978 , nunc pro tunc November 22 , 1978 , and
WHEREAS, the State of Colorado now wishes to amend said con-
tract by providing a supplemental State grant to Weld County in
order to accomplish the purpose of said contract. A copy of said
amendment to the Rural Housing Grant Project contract is attached
hereto and incorporated herein by reference, and
WHEREAS, the Board of County Commissioners deems it advisable
and in the best interests of Weld County to approve said amendment.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commis-
sioners of Weld County, Colorado that the amendment to the Amended
Rural Housing Grant Project, as mentioned above , be , and hereby is ,
approved.
BE IT FURTHER ORDAINED by the Board of County Commissioners of
Weld County, Colorado that this Ordinance be enacted forthwith in
that time is of the essence and normal Ordinance procedures would
prevent said contract from being executed within the time frame
allowed, and therefore , this Ordinance is declared to be an emer-
gency Ordinance under the provisions of Section 3-14 of the Weld
County Home Rule Charter.
ecorded at q(29- -..... o'clock 11 JAN 2 31979
Rc_. Na. 1779605 `)12, „ ,,�� 7c�. ,
/ 7 y�
State of C ado, Weld County Clerk G Recorder
950890
X858 19796'05
The above and foregoing Ordinance No. 50 was , on motion duly
made and seconded, adopted by the following vote on the 22nd day
of January, A. D. , 1979 , nunc pro tunc November 22 , 1978.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLORADO
a �
ti' tr �
ATTEST;
no.v� 2UfitG / �a A ( �c
by;
Weld County Clerk and Recorder
and;Clerk to the Board/-
/
By: F" j' �� �C � 1 ^JGC:u/
Deputy County Clerk
(::---APJ,fl ED AS TO FORM:
County Attorney
DATE PRESENTED: JANUARY 22 , 1979
PUBLISHED: JANUARY 25, 1979 in the Johnstown Breeze
e'.,"`858 779605 /f u 7 t/- / /
Form 6-AC-02A DEPA f OR AGENCY NUMBER
00 CCU ( - 3)
CONTRACT ROUTING NUMBER
AMENDMENT TO - I 3
RURAL
HOUSING GRANT PROJECT
CONTRACT
AMENDATORY
THIS/CONTRACT, made this7g day of November , 1978 by and between the
State of Colorado for the use and benefit of the Department of M Local Affairs , Division of
Housing
hereinafter referred to as the State, and 'z�he County of Weld. Colorado .
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 NumberiA4O° 1
G/L Account NumberSIfof , Contract Encumbrance Number&SIDIC`-1 ; and
° WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS, '3 on the date of October 20 , 1977 , a contract was entered
into by and between State and Contractor to provide a State grant in
the amount of Thirty Thousand Dollars ($30 , 000 . 00) to Contractor for
the rehabilitation, construction, reconstruction and acquisition,
moving and placement of housing for low-income homeowners in Weld
County, Colorado ; and
WHEREAS, at the time of the October 20, 1977 contract there was insufficient
knowledge of existing urgent housing needs, and, as a result, the monies estimated
to be necessary to accomplish the purpose of the contract and provided to the
Contractor were insufficient; and
WHEREAS, in order to completely address the existing urgent housing needs,
which have now been specifically identified, additional monies are required; and
WHEREAS, the State deems it worthwhile to provide by supplemental State grant
to Contractor the required additional monies; and
WHEREAS, by unanimous vote the State Housing Board on October 27, 1978,
concurred with State's recommendation to provide the supplemental State grant.
•
NOW THEREFORE, it is hereby agreed that the original contract of October 20 , 1977 ,
shall hereby be amended as follows :
I. '^ Paragraph 1 . of original contract of October 20 , 1977 , shall
be amended to read: State shall deposit the amount of Forty-Five
Thousand Dollars ($45 , 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 ;
2 . Paragraph 2 . of original contract of October 20 , 1977 , shall
be amended to read: The estimate for funding for said program to pro-
vide adequate housing for low-income homeowners is about Two Hundred
Seventy-Five Thousand Dollars ($275 , 000 . 00) , of which State share is
Forty-Five Thousand Dollars ($45 ,000 . 00) and Contractor non-State
matching share from federal Community Development monies is about Two
Hundred Thirty Thousand Dollars ($230 ,000 . 00) . State share and Contrac-
tor non-State matching share shall he used for grants to low-income
homeowners . Private and federal housing rehabilitation loans shall be
utilized, when feasible , to .complement and supplement State and Contrac-
tor non-State grant monies ;
Page 1 of_4 pages
'(See instructions on reverse of last page.)
858 1779605
c: !
3 . Paragraph 4. of original contract of October 20 , 1977 ,
shall be amended to read: No part of said State Forty-Five Thousand
Dollar ($45 , 000 . 00) share and no part of Contractor non-State matching
share of about Two Hundred Thirty Thousand Dollars ($230 , 000 .00) shall
be used for project planning , development or administration;
4. Paragraph 11 . of original contract of October 20, 1977 ,
shall be amended to read: Contractor shall expend or encumber Forty-
Five Thousand Dollar ($45 , 000 . 00) State share and Contractor non-State
matching share of about Two Hundred Thirty Thousand Dollars ($230 , 000 . 00)
by February 28 , 1979 . Any unencumbered State funds remaining in program
account on said date shall be returned to State.
5 . Otherwise than as herein amended, the original contract of
November 15 , 1977, shall stand as first written.
Page 2 of 4 pages
858 1'7'79605
Form 6-AC-02B SPECIAL PfOVISIONS ,__ J
CONTROLLER'S APPROVAL
1. This contract shall not he 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 payable after the current fiscal year are contingent upon funds tor 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 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 and file with the official whose signature appears below for the State, 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 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 peformance of the work contracted to he done,
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, 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. A certified or cashier's check or a
bank money order made payable to the Treasurer of the State of Colorado may be accepted in leiu of a bond.
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 rale of wage for all laborers and mechanics employed In the
contractor or any subcontractor on the building or public work covered by this contract shall he not 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 Antidiscrimination Act of 1957,
as amended, and other applicable law respecting discrimination and unfair employment practices (2474-301, 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 he contained in all State contracts or subcontracts.
During the performance of this contract, the contractor agrees as follows:
(I) 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.
Thecontractor 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, recrnifinent 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.
(2) 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 regmd to
race, creed, color, national origin, sex, marital status, religion,ancestry,mental or physical handicap. nr age.
(3) The contractor will send to each labor union or representative of workers with which he has collective
Largaining 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 committrnent under the Executive
Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, 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, regulations and Orders of the
Governor, or pursuant thereto, and will permit access to his books, records,and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance
with such rules, regulations and orders.
(5) 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.
(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 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.
page ofof 4 pages
,,M K form 6-AC-02C 1779605
SO" ts.
858 (7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or
with any of such rules, regulations, or orders, this contract may be cancelled, 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 and
the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be
imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity and Affirmative
Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as
otherwise provided by law.
(8) The contractor will include the provisions of paragraphs (I) through (8) 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 State 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 18-8401, 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 service or property described herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above written.
STA F COLORADO
COUNTY OF WELD, COLORADO RIC IAR . LAMM, (' ERN(IR +
By
Contractor ._ _-- •s EXECUTIVE DIRECTOR.
DEPARTMENT LOC L AFFAIRS
Position Chairman OF
• Board of Weld—C-ounty—Comtniss loners
AP ROVALS Dr %t n e °rmr
ATTORNEY GENERA '7) r,?,.rw NtROLLER
N
By
� � Ry tj f..rier80
•
Page 4 which is the last of 4 pages State Housing Board
*See instructions on reverse side. 10/27/78
O approved/ d 9/16/77 and
AFFIDAVIT OF PUBLICATION
THE JOHNSTOWN BREEZE
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
I, Eugene Thomas, do solemnly swear
that I am publisher of The Johnstown
Breeze; that the same is a weekly
newspaper printed, in whole or in part,and
published in the County of Weld, State of
Colorado, and has a general circulation
therein; that said newspaper has been
published continuously and uninterrupted-
ly in said County of Weld for a period of
more than fifty-two consecutive weeks
prior to the first publication of the annexed
legal notice or advertisement; that said
newspaper has been admitted to the
United States mails as second-class matter
under the provisions of the Act of March 3,
amendment to said contract?t t Tht*EDl by the Board of 1879,or any amendments thereof,and that
PVBWCNOTICE through Ordinance No. 38 on the :Courtly Commissioners of Weld
22nd Say of November, 3975, and Coun Colorado that the amend- said newspaper is a weekly newspaper
ORDINANCE NO.50 ment to the Amended Rural duly qualified for publishing legal notices
WHEREAS, the Board •of. Housing Grant Project as men-
; TT R OF AP- CoWtt) CmhmiWOnere of•Weld honed above, he, and f�ereby ls, and advertisements within the meaning of
Y .PO Conn Coloradq approved an approved. - the laws of the State of Colorado.
GUS- amendment to tlte'Amended Rural
C�ff CON- Ho Grant Project contract BE IT FURTHER ORDAINED That the annexed legal notice or
A ft THE DE- Siren Ordinances No. 41 on the b the Board of County Commis- g
ART OF LOCAL AF- filth yof December,19fS nunc °mereot weidowmtY.ca1oraao advertisement was published in the
O i S HOUSING pro tune November 29, MS, and that this Ordinance be enacted��p forthwith in that time is of the regular and entire issue of every number of
,A ° ,or WELD. WHEREAS, the State of Colo- essence and normal Ordinance said weekly newspaper for the period of
rado now wishes to amend said procedures would prevent said
E IT ORDAINED BY ,THE contract by providing_a supple- contract from being executed
ARD OF COUNTY COWHS- mental State grant to Weld County within the time frame allowed, / consecutive insertions; and that the
O IHg Op,.1YID• COUNTY, of to accomplish sh the purpose and therefore, t1W Ordinance b
CCOO LADO of said contract, h copy of said declared to be an emergency
first publication of said notice was in the
• amendment to me Rural Housing Ordinance under the provlelau of
w R9REAt on October a 1977 Grant Project contract is attached Section 344 of the Weld County issue of said newspaper dated ` °2S—
.y.a Housing Grant Project hereto and incorporated herein by Home Rule Charter. /
waxen inabetween reference, and T6eaboveandtoregoingOrain- A.D 197..`.)...., and that the last publication
°s eM�: of WHEREAS, the BoarAnstred of once No. 50 was, on mm at duly
of
the of Weld, county commiWoners deems It made and seconded, adoted by of said notice was in the issue of said
advisable and In the best interests the following vote on the day.
• of Weld County to approve said tameanuary, 1.D Mgt nunc pm newspaper dated. 'a"`3S A.D. 19 7 `I
WHEREAS, the Board of en
County Commissioners of Weld D OF COUNTY_ In witness whereof I have hereunto set
NOW, THEREFORE, BE IT BOAR
County, Colorado approved anN
-
my hand this 24lk day of
A.D. 19..x. /...
ft
Publisher.
Subscribed and sworn to before me. a
Notary Public in and for the County of
Weld,State of Colorado, this day Gf/
of /cr.,. A.D. 1199-7�
f:.(c .AL.,.....b(e...�s:.,./J<.e 7/
Notary Public.
My commission expires_..- /% - 3/
COMMIT NERS deemed valid until it shall have access t i books, records, and
WELD COUNTY CO.-.DRADO been approved the Controller of aacccount- oy the contracting
' NoriniutCulson thassistantt a mu s hColmoraaydodaosr latch l�a v6uorvperfllOrr o Investigation
Aeesigneee for
Lydia Dunbar This provision is soo>tcable to any cariosoain QmQ pnvestig with suc�lt.
C.W.Kirby contract involving_One payment of rules,raguuriau and piers.
June K.Steinmark money by the State.
LeonatML.Roe FUND AVAILABIUTY (9)A labor organisation with not,
ATTEST: Mary Ann.1Muanteln obligations exclude attwlnYd�ifull memal bership;
addRe��r and State payable after the current ur a�tmnatln'sndpelt labor ca tlai
Clerk to the Board fiscal year are contingent upon memtaremp in h per or front
fpads for that purpose being o tarsi
Jeannette Ordway appropriated,budgeted and other- Baton or discriminate agy ns[
Deputy of its members in-the
County Clerk made available. enfcynn of .won opporbudlty
APPROVED AS TO FORM: BOND REQUIREMENT because of national origin, orcranc�esttry.'sex,
Thomas O. David 8. If this contract involves the
County Attorney payment of more than ten (d A labor organization,or the.
thousand dollars for the construe- employees or members thereof
DATE PRESENTED: JANUARY don, erection,p repair, mainten. will no aide abet,incite,compel or;
95. 1679 afined
buildding, romaarobrridge t of viaduct, in inthisis contra-- ct to b of beeydiscrrdLNna-
PUBLISHED:JANUARY 25,1979 tunnel,excavaliotor other public tort' or olntruct or prevent any
in the Johnstown Breese work for this State,the contractor person from complying with the
AMENDMENT TO shall, before entering upon the provisions of this;contract or any
RRAL performance of any such work order issued thereunder; or.
HOUSING GRANT PROJECTPROJECT included in this contract, duly attempt, either directly or in-
CONTRACT execute and deliver to and fife directly, to commit any act
with the official whose signature defined in this contract to be
THIS AMENDATORY CON- appears below for the State a discriminator/. ,
TRACT, made this 89th day of good and sufficient bond or other
November, 1978, by and between acceptable surety to be approved (7) In the event of the
the State of Colorado for the use by said official in a penal sum not contractor's non-compliance with
and benefit of the Department of less than one-half of the total the non-discrimination clauses of
Local Affairs,Division of Housing amount payable by the terms of this contract or with any of such
hereinafter referred to as the this contrrct. Such bond shall be rules,regulations, or orders., this
State, and the County of Weld, duly executed by a qualified contract may be cancelled erm-
Colorado, hereinafter referred to corporate surety, conditioned for mated or suspended in whore or in
as the contractor, the due and faithful performance part and the contractor may be
of the contract, and in addition, declared ineligible for further
WHEREAS authority exists in shall provide that if the contractor State contracts in accordance with
the Law and Funds have been or his subcontractors fail to duly procedures authorized in Execu-
budgeted,appropriated and other- pay for any labor,materials,team tire Order,Equal-Opportunity and
wise r made available and a hire sustenance, provisions, pro- Affirmative Action of April 18,
sufficient unencumbered balance vender or other supplies used or 1975 and the rules,regulations,or
thereof remains available for consumed by such contractor or orders promulgated in accordance
payment in Fund Number 4001, his subcontractor in performance therewith, and such other sane-
C-L Account Number 81817, Con- of the work contracted to be done, lions as may be imposed and
tract Encumbrance Number the surety will pay the same in an remedies as may be invoked as
850107; and amount not exceeding the cum provided in Executive Order,
specified in the bond together Equal Opportunity. and Afflrma-
WHEREAS,required approval, with Interest at the rale of eight tive Action of A r 18,1975,or by
clearance and coordination has percent per annum. Unless such rules, regulations, or orders
been accomplished from and with bond, when so required is promulgated in accordance there-
appropriate agencies; and executed, delivered and filed, no with,or as otherwise provided by
claim in favor of the contractor law.
WHEREAS, on the date of arising under this contract shall
October 20, 1977, a contract was be audited, allowed or paid. A (8) The contractor will include
entered into by and between State certified or cashier's check or a the provisions of paragraphs (1)
and Contractor to provide a State bank money order made,payable through (8) in every subcontract
grant in the amount of Thirty to the Treasurer.of the State of and sub-contractor purchase
Thousand Dollars ($80,000.00) to Colorado may be accepted in leiu order unless exempted-by rules,
Contractor for the rehabilitation of a bond. regulations,- or orders issued.
construction, reconstruction and pursuant to Exe tive Order,,
acquisition, moving andplace- MINIMUM WAGE Equal Opportunity and Affirms-
merit
fo live Action of April 18,1976 so that:,
homeownersof housing for low-Income 4 Except as otherwise provided such prevision will be binding.
in Weld County, by law, 1f this contract provides upon each sub-contractor or
tblorsdo;:end - for the payment of more than five vendor. The contractor will take,
WHEREAS, at the Urge of the thousand dollars and requires or such
uc aacttiton with
or pect order
October 20 1977contract there involves the employment of as the contracting purchase ha ma
was insufficient pknowledge of laborers or mechanics in the as *someone ti of ncy rmay'
existing urgent housing needs, construction,alteration or repair ire provisions,, A e cent-:
and, as a result, the monies of any builing or other public s pot non-compliance;including
pro--
accomplish to be necessary to work, (except highways highway vided,however that in the event-
accomplish the purpose of the bridges,underpasses ant pD{{¢¢bway the contractor becomes•involved.
contract and provided to the structures of all kinds veil the in,or U threatened with,litigation
Contractor were insufficient; and geographical limits of the State, with thethreatened
r vendor
the rate of wage for all laborers as a result of such direction by the
WHEREAS, in order to com- and mechanics employed by the asa Isuchagency, the
pletely address the exLtingurgent contractor or any subcontractor conor request the date contract-
housingo-
needs which have,now on the building or public work may ayo to enter into each
been specifically identified, addl. -covered by this contract shall be litigationa to ent the interest h
tional monies are required; and owageess foryworkprevailing
f a simiila nature rate thethe tate of Colorado. — --
r
worthwhile to pro thevide byesupples - in the
city,
of the e Star teem
mental State grant to Contractor which the building or other public
the required additional monies; work is located.Disputes respect-
and ing prevailing rates will be
resolved as provided in 8.18.101
WHEREAS by unanimous vote CRS 1978, as amended.
the State Housing Board on
October 27, 1978, concurred witi
State's recommendation to pre
vide the supplemental State gran'
=1ADO LABOR
PR 4..ProvviENCE
issioons of 8.17.101, & 108
CRS 1978 for preference of
Colorado labor are applicable to
this contract If public works
n DISCRIMINATION AND within the State are undertaken
i- AFFIRMATIVE ACTION hereunder and are financed in
t. whole orIn part by State funds.
5. The contractor agrees to
NOW THEREFORE,It Is here- comply with elletado ti�a spirit ofGENERAL
by agreed tobt the original,tal the
t of 1957,as amended,and other 7, The lbws of the State of
b of October 1 tall
hereby be amended as follows: applicable law respecting die- Colorado and rules and regula-
cr7nnirnatlafn and unfair employ. bone issued pursuant thereto shall
1. Paragraph 1. of original ment practices (84.84-801, S be applied In. the interpretation
contract of-October CR
ctober 20, 1977, shall 1978, as amended) and as executionand enforcement of this
be amended to read: State shall required by Executive Order, contract. Any provision of this
deposit the amount of FortkFive Equal Opportunity and Affirma- contract whether or not In orFppqqr�
Thousand Dollars ($45,000.00) In five Action dated April 18 1978. steel herein Iy reference which
the account Of Contractor for Pursuant thereto, the follofwianIIg provides for arbitration by any
housing , acquisition,
provisions
ontacts be contained
ub-c nt acts. whiicchls�rwi�sevh%t with
hoes g and placement ct n for low-and low- said laws, rules and illtsanus
income homeowners,at such time Dudng the performance of this shall be considered null ind void.
as ountctor has placed m the fconolloraact,the contractor agrees as Nothing contained m peon
-
account hasfirmly committed a follows: sloe mcorpoutad*ton
like or ter amount for the once witch r hurts,*to na tit
hi
work. State funds shall be (1) The contractor will not or any other,pedal' - m
withdrawn from the project discriminate against any em- whole or in part ba or
see only with approval by ployee or applicant for employ. enforceable'or available In an
Ste ee; on dire c or or hie ment because of race, creed action at law whether by way o1
designee; color,national origin,sex,marital complaint defense o•oaM7wlw.
p status,religion, ancestry, mental Any Provision rendered mdl std
8. Paragraph 8. of original or arbandtca ,or age.The Void by the operation of this
contrast amended
to bar 90 1977 shall contractor will take affirmative provision will not 1pva11t to fthe
for funding for read: program prgram to are employ action to ed,and that emplloants yeeess remainder xte t the contract is eeapeble
provide adequate housing for are fated8qdaurrUin¢toemployment, of execution:
Two Hundred homeown is ers
mentioned eeharacterlthe
i s.a Such 8. The signatories hereto aver
Thousand Dollar►($975000.001)_�of action shall include but not be that they are familiar with
emirate share s Forrttyy Flve limited to the following: employ- 18-8-801 el seq., (Bribery and
Ifs nand Dollars(($as,000.00)end meet upgrading, demotion, or Corrupt Influences) and 18-&Ml,
Contractor non-State matching transfer, recruitent or recruit- et sseeqp. (Abuse of'Public Otr<co)
share from federal Community .ment advertising,; lay-offs or C.R.6.h 8,as amended,and that
Development monies is about Two terminations; rates of pay or no violation of such provisions le
**;900d0.00).Thirty
arD ens other forms of compensation;and present.. _-
ractor non-State matching selection for trraWng, Including
share shall be need for grants to agggrrrees tto post Inh conspicuous their knowledge,ThdIn nod stab that
low-Income homeowners. Private planes, available to employees ployee has any personal or
and federal hawing rehabilitation and applicants for employment, beneficial interest whatsoever in
loans shall be unuised, when notices to be provided ley the the service or property described
feasible, to complement and contracting officer setting forth herein. -
supplement State and Contractor in tons of this non-discrlmina- IN WITNESS WHEREOF t-gLte..grant monies: lion parties hereto have executed this
8. Paragraph 4. of original shall (� • Agreement on the day first above
beeO�am�ended ttto rreiead: No part of sooliciciota�tionsor advertisements for written. TE
Donor ($45,said State WO.®)shareve emd no of theyccoontractor placedestate that all or on behalf STRA,ICHARDD
part of Contractor non-State qualified a cants will receive GOVE
matchingg.��s��h'a� re of about Two consideration for employment
EHunddrB0M0-lmrty Thousand Dollars' without vegard to race, creed Paula
Herrma
e Dirtier
=planning, ae shall vetopvient need iw or�n�l�di� or ge depar• tmental
4.. Paragraph graph 11. of orlglnat .(8) The contractor will send to
cmtct of October 90,1977,shall each labor union or representative County of Weld,Colorado
be amended to read Contractor of workers with which he has
shall expend or encumber F collective bargaining aigr�'eeepmQ1e!n}1t Contractor Ed Dunbar
Wg7ve Thou Dollar(846,000M) or our contract or understand-
e sharo and Contractor Pion- big, notice to be provided byte Position Chairman Board -
State matching of about contract's* officer, advising t of Weld County Commissioners
1�re Hundred Thousand labor union or workers' repro-
WWn(pg000.00) Febxpary sentative of the co tr traacttor's Mary"Amn Feuernteln By
99,1979.Any unencum red State committinent tinder usExecutive Jeammtte Ordway, Deputy
fads remaining it program Order, Equal Opportunity Aand APPROVALS �NERAL
retested tt one Staaidte ,date eht be 1 Affirmative
Action
tof the da drupes, ATTORNEY
Mac RNR P Ca
regulations, and relevant Orders By A. H. JEWEL,JR.
a. Otherwise
rlthan as herein of the Governor. Assistant SSo General aliicitor General
amenNovsmmbitl6 lent tan stand as ((4) The contractor and labor CONTROLLERml annee
first written. -unions will furnish all information Whittemore
ender. rtsEqual-
required Opp by rt nityutve 8y Ken MHousing
eill
SPECIAL PROVISIONS Artier, EqualUpporfunl Iland, State H 37Board approved
Affirmativearnd� Action dM U, 9J.s1v677 and B30taea•7a8� � 96,
17WI1'i01].EN APPROVAL 'p dtof the.d Ow 8 isen.-Bd.1979
1. This contract tall not be pursuant
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