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HomeMy WebLinkAbout20151909.tiff RESOLUTION RE: APPROVE CONTRACT AMENDMENT #1 FOR COMMUNITY DEVELOPMENT BLOCK GRANT FOR DISASTER RECOVERY HOUSEHOLD ASSISTANCE FUNDS 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 Contract Amendment #1 for the Community Development Block Grant for Disaster Recovery Household Assistance Funds between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Colorado Department of Local Affairs, commencing upon full execution, and ending December 31, 2015, with further terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Contract Amendment #1 for the Community Development Block Grant for Disaster Recovery Household Assistance Funds between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Colorado Department of Local Affairs, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. et A. $Ila. 2015-1909 BC0045 CONTRACT AMENDMENT #1 FOR COMMUNITY DEVELOPMENT BLOCK GRANT FOR DISASTER RECOVERY HOUSEHOLD ASSISTANCE FUNDS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of July, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:C/ ASoC ��,/ � � L/ • �C1to;4. arbara Kirkmeye , Chair Weld County Clerk to the Board ^ � ' Mike Freeman, Pro-Tern D p1Uty / f Clerk to the :oard ���� Its s "444) Sean P. Conway DAST• All ., re.1-14v111�;,;,,• Julie A. Cozad Co • u : orney ( '\--N / 11%. goo Steve Moreno Date of signature: �f oZY 2015-1909 BC0045 MEMORANDUM DATE: June 26, 2015 11(C TO: Commissioner Kirkmeyer FROM: Tom Teixeira, Weld County Housing IAuthority CRE: Amendment # 1 to Community Development ^• Block Grant Disaster Recovery Housing Grant CUM.011.A T)n Agreement H5CDR14090 between Colorado Dept. of Local Affairs and Weld County This contract amendment changes the original contract to reflect the de- obligation of funds that were approved at the work session Wednesday June 24, and extends the contract from June 30, 2015 to December 31, 2015. Request Work Session Approve BOCC Agenda Mike Freeman Sean Conway Barbara Kirkmeyer Julie Cozad Steve Moreno 2015-1909 ?a 001/S CONTRACT AMENDMENT Amendment#1 Original Contract CMS # Encumbrance #H5CDR14090 Amendment CMS # 1) PARTIES This Amendment to the above-referenced Original Contract (hereinafter called the Contract)is entered into by and between Weld County(hereinafter called "Contractor"), and the STATE OF COLORADO (hereinafter called the"State") acting by and through the Department of Local Affairs, Division of Housing, (hereinafter called the "CDOH"). 2) EFFECTIVE DATE AND ENFORCEABILITY This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the"Effective Date"). The State shall not be liable to pay or reimburse Contractor for any performance hereunder including, but not limited to, costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3) FACTUAL RECITALS The Parties entered into the Contract to provide CDBG-DR funds to residents impacted by the September 2013 flood. Grantee is requesting changes to all of the subprojects to allow them to draw down the appropriate amounts for each subproject 4) CONSIDERATION-COLORADO SPECIAL PROVISIONS The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Amendment.The Parties agree to replacing the Colorado Special Provisions with the most recent version (if such have been updated since the Contract and any modification thereto were effective)as part consideration for this Amendment. 5) LIMITS OF EFFECT This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments thereto, if any, remain in full force and effect except as specifically modified herein. 6) MODIFICATIONS. The Contract and all prior amendments thereto, if any, are modified as follows: a. Award amount on the first page of the Grant Agreement is modified to read: "$1,450,106.38" b. § 5A of the Grant Agreement, Initial Term-Work Commencement is modified to read: "Unless otherwise permitted in §2 above, the Parties' respective performances under this Grant shall ccommence on the Effective Date. Subprojects shall commence and terminate on the dates specified in the applicable Subproject Scope of Work/Budget. This Grant shall terminate on December 31, 2015 unless sooner terminated or further extended as specified elsewhere herein." c. § 7A of the Grant Agreement, Maximum Amount is modified to read: "The maximum amount payable under this Grant to Grantee by the State is $1,450,106.38 as determined by the State from available funds. Grantee agrees to provide any additional funds required for the successful completion of the Work. Payments to Grantee are limited to the unpaid obligated balance of the Grant as set forth in individual Subproject Scope of Work/Budgets. " d. § 1.1 of Attachment A-1 (a), Description of Subproject is modified to read: "Weld County will receive a CDBG-DR grant to fund the home repair program serving residents impacted by the September 2013 flood. This program will be administered by the Weld County Housing Authority, in partnership with Greeley Urban Renewal Authority, a 15 year partner in the Weld County single family owner occupied rehabilitation program. Page t,of 14 • EffecuveDate:1/1/11 o?a/S—/9O91O 7coovj The Home Repair Program will receive a grant to assist with the repair, rehabilitation and replacement of approximately 15 Weld County homes. The program will provide deferred loans and/or grants to households earning less than 80% of Area Median Income (AMI), with up to 10% of the funds being used to assist households with incomes greater than 80% of AMI. In addition to repair, rehabilitation and replacement, the funds will cover program overhead costs, including staff salary, equipment, materials, rent, utilities and project delivery functions which are limited to costs allowed under HCDA 105(a)(4)." e. § 1.5 of Attachment A-1 (a), Term-Work Commencement is modified to read: "The Parties respective performances for this Subproject shall commence on the Effective Date and terminate on December 31, 2015 unless sooner terminated or further extended as specified elsewhere herein." f. §4.2 of Attachment A-1 (a), Subproject Budget is modified to read: 'Subproject Activities -1TotaICost Grant,Funds Other Funds. : . Other Fund Source Home repair/Rehabilitation/ $832,000.00 $832,000.00 $0.00 Replacement Subproject Delivery Cost $44,255.32 $44,255.32 $0.00 Program Overhead Costs $8,851.06 $8,851.06 $0.00 Total $885,106:38 $885,106.38 $0.00 g. § 5.2 of Attachment A-1 (ab), Payment Schedule is modified to read: Subproject?Aotivity - ' :Amount Milestone- vt( Target Date Rehabilitation/Project delivery $147,517.73 2 grant/loan closed 09/30/2014 Costs/Program Overhead costs Rehabilitation/Project Delivery $147,517.73 2 grant/loan closed 12/31/2014 Cost/Program Overhead costs Rehabilitation/Project Delivery $147,517.73 3 grant/loans closed 03/31/2015 Costs/Program Overhead costs Rehabilitation/Project Delivery $147,517.73 3 grant/loans closed 06/30/2015 costs/Program Overhead costs Rehabilitation/Project Delivery $147,517.73 3 grant/loans closed 09/30/2015 Costs/Program Overhead costs Rehabilitation/Project Delivery $147,517.73 2 grant/loans closed 12/31/2015 costs/Program Overhead costs Total $885,106.38 15 h. The following Attachment A-1 (b), Project Performance Plan goals &milestones are deleted: Effective Date:1/1/11 Close home repair grants/loans each month for a total of 62 in this contract by: 5 repair closings in July 2014 5 repair closings in August 2014 6 repair closings in September2014 6 repair closings in October 2014 5 repair closings in November 2014 5 repair closings in December 2014 5 repair closings in January 2015 5 repair closings in February 2015 5 repair closings in March 2015 5 repair closings in April 2015 5 repair closings in May 2015 5 repair closings in June 2015 Submit timely monthly Project Performance Plan accomplishments within 10 calendar days of the end of each month for the term of the contract. July 2014 August 2014 September 2014 October 2014 November 2014 December 2014 January 2015 February 2015 March 2015 April 2015 May 2015 June 2015 Submit on a monthly basis pay requests and supporting documentation of expenses by: July 2014 August 2014 September 2014 October 2014 November 2014 December 2014 January 2015 February 2015 March 2015 April 2015 May 2015 June 2015 July 2015 Submit program income information with monthly financial status report. July 2014 August 2014 September 2014 October 2014 November 2014 December 2014 January 2015 February 2015 March 2015 April 2015 May 2015 June 2015 Page3of14 .. - Effective Date 1I1I1{'a. Submit the Project Completion Report(PCR)to DOH within 30 days of the earlier of termination or completion of the project: July 2015 Replaced with the following Attachment A-1 (b), Project Performance Plan goals and milestones: Close home repair grants/loans each month for a total of 15 in this contract by: 1 repair closings in October 2014 1 repair closings in November 2014 1 repair closings in December 2014 1 repair closings in January 2015 1 repair closings in February,2015 1 repair closings in March 2015 1 repair closings in April 2015 1 repair closings in May 2015 1 repair closings in June 2015 1 repair closings in July 2015 1 repair closings in August 2015 1 repair closings in September 2015 1 repair closings in October 2015 1 repair closings in November 2015 1 repair closings in December 2015 Submit timely monthly Project Performance Plan accomplishments within 10 calendar days of the end of each month for the term of the contract. July 2014 August 2014 September 2014 October 2014 November 2014 December 2014 January 2015 February 2015 March 2015 April 2015 May 2015 June 2015 July 2015 August 2015 September 2015 October 2015 November 2015 December 2015 P.age4of14 .. . ._.. -. - .. . Effective Date:1/1/11 Submit on a monthly basis pay requests and supporting documentation of expenses by: July 2014 August 2014 September 2014 October 2014 November 2014 December 2014 January 2015 February 2015 March 2015 April 2015 May 2015 June 2015 July 2015 August 2015 September 2015 October 2015 November 2015 December 2015 Submit program income information with monthly financial status report. July 2014 August 2014 September 2014 October 2014 November 2014 December 2014 January 2015 February 2015 March 2015 April 2015 May 2015 June 2015 July 2015 August 2015 September 2015 October 2015 November 2015 December 2015 Submit the Project Completion Report(PCR)to DOH within 30 days of the earlier of termination or completion of the project: January 2016 § 1.1 of Attachment B-1 (a), Description of the Subproject is modified to read: 'Weld County will receive a CDBG-DR grant to fund a Down Payment Assistance(DPA) program serving residents impacted by the September 2013 flood. Weld County Housing Authority(WCHA)will administer the DPA. The homes purchased will be within Weld County, and a member of the WCHA staff will attend every closing. WCHA will provide a CHFA certified homebuyer education class required of all first time homebuyers and available upon request for all program participants. These grant kinds will be used to assist with up to nine(9)low-interest loans or grants for DPA to purchase homes, homebuyer counseling, as well as program overhead costs, including staff salary, equipment, materials, rent, utilities and project delivery functions which are limited to costs allowed under HCDA 105(a)(4). These are households who were impacted by the flood and have incomes at or below 80% of Area Median Income(AMI)." : Page 5,of 14 _ - Effective.Date:1/1/11 j. § 1.5 of Attachment A-1 (a), Term-Work Commencement is modified to read: "The Parties respective performances for this Subproject shall commence on the Effective Date and terminate on December 31, 2015 unless sooner terminated or further extended as specified elsewhere herein." k. § 4.2 of Attachment B-1 (a), Subproject Budget is modified to read: f* Subpro/ect7Actiyities t - TotarCostT '+,=Grant Funds'a , OtherFunds ' t' 'Other Fund `� sf, -a � '�?' 'z . 8��a - a x .. _.� ._ <...,�. .kx ._ � � .�;.��, . ,r, ?� Source Down Payment Assistance $342,615.28 $342,615.28 $0.00 grants/loans Home Buyer Counseling $584.00 $584.00 $0.00 Subproject Delivery Cost $8,768.76 $8,768.76 $0.00 Program Overhead Costs $13,031.96 $13,031.96 $0.00 Total $365,000.00 $365,000.00 $0.00 I. § 5.2 of Attachment B-1 (a), Payment Schedule is modified to read: Subproject'Activity. Amount Milestone Ij ' Target Date Down Payment Assistance/Home $73,000.00 1 grant/loan closed 12/31/14 Buyer Counseling/ Project Delivery/ Program Overhead Down Payment Assistance/Home $73,000.00 2 grant/loan closed 03/31/15 Buyer Counseling/ Project Delivery/ Program Overhead Down Payment Assistance/ Home $73,000.00 2 grants/loans closed 6/30/2015 Buyer Counseling/ Project Delivery/ Program Overhead Down Payment Assistance/ Home $73,000.00 2 grants/loans closed 9/30/2015 Buyer Counseling/ Project Delivery/ Program Overhead Down Payment Assistance/Home $73,000.00 2 grants/loans closed 12/31/2015 Buyer Counseling/ Project Delivery/ Program Overhead Total $365,000.00 9 m. The following Attachment B-1 (b), Project Performance Plan goals & milestones are deleted Close down payment assistance grants/loans each month for a total of 8 in this contract by: 1 DPA closing in October 2014 1 DPA closing in November 2014 1 DPA closing in December 2014 1 DPA closing in January 2015 1 DPA closing in February 2015 1 DPA closing in March 2015 1 DPA closing in April 2015 1 DPA closing in May 2015 - ',i': ..: Effective t 1/1/11 Submit timely monthly Project Performance Plan accomplishments within 10 calendar days of the end of each month for the term of the contract. July 2014 August 2014 September 2014 October 2014 November 2014 December 2014 January 2015 February 2015 March 2015 April 2015 May 2015 June 2015 Submit on a monthly basis pay requests and supporting documentation of expenses by: July 2014 August 2014 September 2014 October 2014 November 2014 December2014 January 2015 February 2015 March 2015 April 2015 May 2015 June 2015 Submit program income information with monthly financial status report. July 2014 August 2014 September 2014 October 2014 November 2014 December 2014 January 2015 February 2015 March 2015 April 2015 May 2015 June 2015 Submit the Project Completion Report(PCR)to DOH within 30 days of the earlier of termination or completion of the project: July 2015 Replaced with the following Attachment B-1 (b), Project Performance Plan goals and milestones: Page7of14 .Effective Date.111!11 A Close down payment assistance grants/loans each month for a total of 9 in this contract by: 1 DPA closing in January 2015 1 DPA closing in February 2015 1 DPA closing in March 2015 1 DPA closing in April 2015 1 DPA closing in May 2015 1 DPA closing in June 2015 1 DPA closing in July 2015 1 DPA closing in August 2015 1 DPA closing in September 2015 0 DPA closing in October 2015 0 DPA closing in November 2015 0 DPA closing in December 2015 Submit timely monthly Project Performance Plan accomplishments within 10 calendar days of the end of each month for the term of the contract. July 2014 August 2014 September 2014 October 2014 November 2014 December 2014 January 2015 February 2015 March 2015 April 2015 May 2015 June 2015 July 2015 August 2015 September 2015 October 2015 November 2015 December 2015 Submit on a monthly basis pay requests and supporting documentation of expenses by: July 2014 August 2014 September 2014 October 2014 November 2014 December 2014 January 2015 February 2015 March 2015 April 2015 May 2015 June 2015 July 2015 August 2015 September 2015 October 2015 November 2015 December 2015 Page of 14 .1 'Effective Date: 1/1/11 Submit program income information with monthly financial status report. July 2014 August 2014 September 2014 October 2014 November 2014 December 2014 January 2015 February 2015 March 2015 April 2015 May 2015 June 2015 July 2015 August 2015 September 2015 October 2015 November 2015 December 2015 Submit the Project Completion Report(PCR)to DOH within 30 days of the earlier of termination or completion of the project: January 2016 n. § 1.1 of Attachment C-1 (a), Subproject Description is modified to read: "Weld County will receive a CDBG-DR grant to fund Temporary Rental Assistance serving residents impacted by the September 2013 flood. This program will be administered by the Weld County Housing Authority under the Weld Recovers mission of rebuilding the community to a new level of safety and stability. Impacted residents may benefit with prioritization of services and funding for households with special needs, elderly, disabled, and/or those at 30% of AMI or below. The Temporary Rental Assistance and Relocation Program will provide financial assistance for approximately 15 households with incomes at or below 80% of Area Median Income (AMI). Funds will be used to benefit households through the payment of rent, security deposits, moving expenses, and will cover program overhead costs, including staff salary, equipment, materials, rent, utilities and project delivery functions which are limited to costs allowed under HCDA 105(a)(4). In support of the residents displaced by the flood, and due to the extremely tight rental market in Weld County, the program may fund temporary rental assistance up to the difference between the Fair Market Rent and 30 percent of the household's monthly-adjusted income, unless rent reasonableness is determined by the Contractor based on comparable unit rents, with the permission of the State." o. § 1.5 of Attachment C-1 (a), Term-Work Commencement is modified to read: "The Parties respective performances for this Subproject shall commence on the Effective Date and terminate on December 31, 2015 unless sooner terminated or further extended as specified elsewhere herein." p. §4.2 of Attachment C-1 (a), Subproject Budget is modified to read: Subproject Activities T,otal)Cost.f 'CDBG DRIFundsii 4 ,Othe Funds rOthercund'` x Temporary Rental Assistance $175,024.61. $175,024.61 $0.00 Security Deposits $14,585.38 $14,585.38 $0.00 Subproject Delivery Costs $5,715.39 $5,715.39 $0.00 Program Overhead Costs $4,674.62 $4,674.62 $0.00 Total $200,000.00 $200,000.00 $0.00 q. § 5.1 of Attachment C-1 (a), Payment Schedule is modified to read: o r -,OSUI3PibiebtlecatiVitSc s_ Amount Milestone 9,1 ` Target Date Temporary Rental Assistance/Security $33,333.33 2 units 09/30/14 Deposits/Project Delivery/Program Overhead Temporary Rental Assistance/Security $33,333.33 2 units 12/31/14 Deposits/Project Delivery/Program Overhead Temporary Rental Assistance/Security $33,333.33 3 units 03/31/15 Deposits/Project Delivery/Program Overhead Temporary Rental Assistance/Security $33,333.33 3 units 06/30/2015 Deposits/Project Delivery/Program Overhead Temporary Rental Assistance/Security $33,333.33 3 units 09/30/2015 Deposits/ Project Delivery/Program Overhead Temporary Rental Assistance/Security $33,333.33 2 units 12/31/2015 Deposits/Project Delivery/Program Overhead Total $200,000.00 15 units r. The following Attachment C-1 (b), Project Performance Plan goals and milestones are deleted: Provide Temporary Rental Assistance and/or Security Deposits to new clients each month for a total of. 100 in this contract by: July 20141 Units August 2014 10 Units September 2014 20 Units October 2014 20 Units November 2014 20 Units December 2014 10 Units January 2015 10 Units February 2015 5 Units March 2015 4 Units Submit timely monthly Project Performance Plan accomplishments within 10 calendar days of the end of each month for the term of the contract. July 2014 August 2014 September 2014 October 2014 November 2014 December 2014 January 2015 February 2015 March 2015 April 2015 May 2015 June 2015 , , 'Page10of14. - .t .. I _ - Effective Date:1/1/11 Submit on a monthly basis pay requests and supporting documentation of expenses by: July 2014 August 2014 September 2014 October 2014 November 2014 December 2014 January 2015 February 2015 March 2015 April 2015 May 2015 June 2015 July 2015 Submit program income information with monthly financial status report. July 2014 August 2014 September 2014 October 2014 November 2014 December 2014 January 2015 February 2015 March 2015 April 2015 May 2015 June 2015 Submit the Project Completion Report(PCR)to DOH within 30 days of the earlier of termination or completion of the project: July 2015 Replaced with the following Attachment C-1 (b), Project Performance Plan goals and milestones: Provide Temporary Rental Assistance and/or Security Deposits to new clients each month for a total of 15 in this contract by: October 2014 1 Unit November 2014 1 Unit December 2014 1 Unit January 2015 1 Unit February 2015 1 Unit March 2015 1 Unit April 20151 Unit May 2015 1 Unit June 2015 1 Unit July 2015 1 Unit August 2015 1 Unit September 2015 1 Unit October 2015 1 Unit November 2015 1 Unit December 2015 1 Unit Page,ll.of 14 .. _, �Effectide'Date:1/1/11',. Submit timely monthly Project Performance Plan accomplishments within 10 calendar days of the end of each month for the term of the contract. July 2014 August 2014 September 2014 October 2014 November 2014 December 2014 January 2015 February 2015 March 2015 April 2015 May 2015 June 2015 July 2015 August 2015 September 2015 October 2015 November 2015 December 2015 Submit on a monthly basis pay requests and supporting documentation of expenses by: July 2014 August 2014 September 2014 October 2014 November 2014 December 2014 January 2015 February 2015 March 2015 April 2015 May 2015 June 2015 July 2015 August 2015 September 2015 October 2015 November 2015 December 2015 i Page 12of,14. - . , , ! •,Effective Date: 1/7/11 Submit program income information with monthly financial status report. July 2014 August 2014 September 2014 October 2014 November 2014 December 2014 January 2015 February 2015 March 2015 April 2015 May 2015 June 2015 July 2015 August 2015 September 2015 October 2015 November 2015 December 2015 Submit the Project Completion Report(PCR)to DOH within 30 days of the earlier of termination or completion of the project: January 2016 7) START DATE This Amendment shall take effect on the later of its Effective Date or June 30, 2015. 8) ORDER OF PRECEDENCE Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Contract, the provisions of this Amendment shall in all respects supersede, govern, and control. The most recent version of the Special Provisions incorporated into the Contract or any amendment shall always control other provisions in the Contract or any amendments. 9) AVAILABLE FUNDS Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, or otherwise made available. Page 13 of 14 Effective Date 111!11 • THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT * Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect. CONTRACTOR STATE OF COLORADO John W. Hickenlooper, GOVERNOR WELD COUNTY COLORADO Department of Local Affairs By: Barbara Kirkmeyer Title: Chair, Board of County Commissioners By: pfr_Iry Hal , cutive Director *Si nature 11101 'frti 6 . 7o , PRE-APPROVED FORM CONTRACT REVIEWER By: C UAL ((6,2tt /$ort o /Yi 8 t D<73oe Rowe M ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: /4I p ,./e.* • Janet Miks, CPA, Controller Delegate Date: q770.1--- Page 14 of 14 Effective Date: 1/1/11 CONTRACT AMENDMENT#1 - HOUSING DIVISION (HOUSING AUTHORITY) STAFF APPROVAL PAGE ATtEST:dj„ d/4A) `'4 ! /I)% BOARD OF COUNTY COMMISSIONERS Weld County Clerk tot =o � WELD COUNTY, COLO DO BY: I� �L �' a 11 i ' ? eJ / 4LAJ .(€ ( is Deputy Clerk to th o-Z}' Barbara Kirkmeyer, hair JUL 1 2015 OVED AS O F DI APPROVED AS TO SUBSTANCE:4Controller = Elected Official or Department Head APPROVED AS TO FORM: — NlA "PE e i Director of General Services County Attorney de/de/5/909 Hello