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HomeMy WebLinkAboutC01-125 Section 8 Housing Choice Voucher Program Contract~of•- ~~.~'- J ~ DEPARTMENT OR AGENCY NUMBER NAA NUMBER CONTROL NUMBER SECTION 8 HOUSING CHOICE VOUCHER PROGRAM CONTRACT THIS CONTRACT, made this -] day of ~ I~ ~ , 20~ `-, by and between the State of Colorado for the use and benefit of the DEPARTMENT OF LOCAL AFFAIRS, COLORADO DIVISION OF HOUSING, 1313 Sherman Street, Room 518, Denver, CO 80203, hereinafter referred to as the State, and the County of Eactle, 500 Broadway,,P.O. Box 850, Eagle CO 81631 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 No.157, Appropriation Code 148 and 149, Org. No. H000, Contract Encumbrance Number H1SE801V38; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State has been empowered to undertake administration of the Housing Choice Voucher Program for existing housing herein after referred to as the Program, pursuant to 24-32-702 C.R.S. and Section 8 of the United States Housing Act of 1937, as amended by the Housing and Community Development Act of 19 74, hereinafter referred to as the Act, and for purposes thereof qualifies as a Public Housing Agency as defined in the Act and the Regulations promulgated thereunder; and WHEREAS, the State has submitted its application to the United States Department of Housing and Urban Development, hereinafter referred to as HUD, for Annual Contributions from HUD to cover Housing Assistance Payments, hereinafter referred to as the Payments, and other allowable expenses under the Program; and Wl--iri?.EF,S, the aforesaid application having been accepted by HUD and an Annua{ Contributions Contract, hereinafter referred to as the ACC, having been entered into by and between HUD and the State on August 31, 2000 , for housing assistance under the Program for housing located in the State of Colorado; and it is necessary and desirable for the State to contract at the local level for the performance of certain administrative services required to be performed by or on the behalf of the State pursuant to the terms and provisions of the ACC; and WHEREAS, the Contractor is willing on behalf of the State to undertake and to perform the requisite administrative services in order to provide improved living conditions for low-income families; and WHEREAS, the Contractor is empowered and authorized and hereby represents and warrants that it is empowered and authorized to enter into this Agreement. NOW, THEREFORE, it is hereby agreed that: 1. TERM OF THE CONTRACT. The term of this Contract shall commence upon the full or proper execution of this contract by the State Controller, or designee, and continue through June 30, 2003 ;provided, however, this Contract may continue in full force and effect upon the expiration of the initial term upon the same terms and conditions for a successive term or terms no one of which shall exceed one year. The term of the Contract shall not extend beyond the term of the ACC, as extended. Any extension to this Contract shall be evidenced by a written contract amendment, executed pursuant to the State fiscal rules. 2. SERVICE AREA. The Contractor's authority and responsibilities shall be limited to existing housing located within the geographical boundaries of the County of Eagle, Colorado. 3. NUMBER OF UNITS. The Contractor shall cause to be leased ten 1^ units, according to the most recent State agency plan and administrative plan. 395-53-01-1014 Page 1 of 9 Pages ~4. ADMINISTRATIVE FEE. The Contractor shall earn seventy percent (70%) of the administrative fee for each unit month under the Section 8 Existing Housing payments contract, hereinafter referred to as the HAP Contract. This fee shall be paid monthly for all units that are leased on the first day of that month and that the State has made payment for. A retroactive fee will be paid on units that were leased on the first, but not paid by the State due to paperwork delay by parties involved in the lease up. Units that are leased after the first day of the month will not earn an administrative fee until the first day of the following month. Fees earned shall be used for ongoing administrative activities including administrative overhead costs. Total administrative fee for term of the of the Contract shall not exceed ten thousand nine hundred thirty six dollars ($10,936.00) unless the Fee Schedule as published in the Federal Register increases, in which case the fee will be corrected to correspond to said increase. Such fee shall be strictly contingent upon receipt of the additional federal funds as provided in the Act. 5. SCOPE OF SERVICES. In consideration for the monies to be received from the State, the Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work elements as indicated in the "Scope of Services," as set forth in Paragraphs 5. a. through 5. t. The Contractor shall faithfully and promptly perform the "Scope of Services" in full compliance with the requirements of the State and of the Act and regulations promulgated thereunder and the ACC, all of which by this reference are incorporated and made a part of this Contract as if fully set forth herein. a. Housing Assistance Outreach: The Contractor shall cause to be published and disseminated to the general public and interested parties appropriate information concerning the availability and nature of the housing assistance provided under the Program. Such information shall conform to the programs specified in the State's Equal Housing Opportunity Plan and shall include publication in a newspaper of general circulation as well as the utilization of appropriate minority media. The information shall specify (1) the availability and nature of the housing assistance and that it may be used in connection with presently occupied housing units, (2) the location of the place at which applicants may apply for a Voucher of Family Participation, hereinafter referred to as the Voucher, (3) that the residents of public housing and applicants on waiting lists for public housing must make separate applications for Vouchers under the Program, and (4) applicants on public housing waiting lists will not lose their place on such waiting lists. b. Owner Outreach: In connection with the dissemination of the information required above, the Contractor shall take such steps as may be necessary or appropriate to effect invitation to owners of suitable housing units to make such units available for leasing under the Program. c. Outreach Approval: The information published and disseminated pursuant to Paragraphs 5. a. and 5. b. hereof shall be subject to the prior approval of the State. Further, the Contractor shall provide the State with a statement of the methods of publication used and copies of all published notices and other information within 45 days after publication. d. Affirmatively Furthering Fair Housing: The Contractor shall affirmatively further fair housing in addition to conducting and administering its program in conformitywith the equal housing opportunity requirements ofTitle VI ofthe Civil Rights Act of 1964 and the Fair Housing Act, as required herein. e. Preference: The Contractor shall select applicants according to such selection priorities as shall be established by the State. The total number of applicants selected within any particular established category shall at all times be consistent with the State's application to HUD. f. Eligibility Approval: The Contractor shall receive and review applications for eligibility. The Contractor shall determine eligibility of applicants and shall notify those applicants found to be eligible. The State reserves the right to review any or all applications and to disapprove the eligibility of applicants to receive payments in accordance with applicable regulations and such schedules and criteria as may be established by HUD and the State. g. Waiting List: In the event that there are more eligible applicants than can be assigned, the Contractor shall maintain a waiting list, notifying those in writing that they have been placed on the waiting list and indicating the approximate date upon which Vouchers might be issued, if such date can be reasonably determined. Should the Contractor determine that the waiting list is such that there is no reasonable prospect that additional Vouchers could be issued within the ensuing year, the Contractor shall, through publication in a newspaper of general circulation as well as through minority media and other suitable means, publish notice of the suspension of taking further applications. Such suspension shall be effective as of the date stated in such notice. h. Notification of Ineligibility: In the event that an applicant is determined to be ineligible, the Contractor shall 395-53-01-1014 Page 2 of 9 Pages request, within a reasonable perioi ime, which shall be stated in the corre idence, an informal review with the Contractor. All records of applications, notification letters and similar matters shall be retained by the Contractor in safe keeping during the term of this Contract including any renewals or extensions thereof and, upon termination all files and documentation shall be remitted to the State for appropriate disposition. All such applications, notices and other such records shall be subject to inspection and copying by the State or HUD at reasonable times. i. Assistance to Families: When a family initially receives its Voucher, a full explanation of 24 CFR 982.301 shall be provided to assist the family in finding a suitable unit, and tell the family of its responsibilities, and those of the owner. This may be done either in group or individual sessions; adequate opportunity shall be provided for families to raise questions and to discuss the information provided. j. Expiration and Extension: The Voucher shall expire at the end of 60 days unless within that time the family submits a Request for Lease Approval. If a Voucher expires or is about to expire, a family may submit the Voucher to the Contractor with a request for an extension. The Contractor shall review with the family the efforts it has made to find a suitable dwelling unit and the problems it has encountered and shall determine what advice or assistance might be helpful. If the Contractor believes that there is a reasonable possibility that the family may, with the additional advice or assistance, if any, find a suitable unit the Contractor may grant one or more extensions not to exceed a total of 60 days. Expiration of a Voucher shall not preclude the family from filing a new application for another Voucher. k. Inspection and Lease Approval: At such time as a family shall have selected a unit for rental and submitted to the Contractor a Request for Tenancy Approval and a copy of the proposed lease, the Contractor shall (1) determine whether the type of housing selected can be approved and whether the proposed rent is reasonable and is within applicable HUD regulations pertaining to limitations on rents; (2) inspect the proposed rental unit for compliance with Housing Quality Standards (HQS) as set forth in the Act; and (3) review as to form and content all proposed leases of units under the Program. Such leases shall conform to all applicable HUD requirements. In the event that the inspection required by 5. k. (2) above discloses any defects or deficiencies which must be corrected in a unit in order for the same to be safe, decent and sanitary, the Contractor shall so advise the owner and reinspect the unit prior to leasing to ascertain that the necessary work has been performed and that the unit is safe, decent and sanitary. Reports of every inspection and reinspection by the Contractor pursuant to the provisions hereof shall be prepared and maintained in the files of the Contractor and shall specify any defects or deficiencies which must be corrected in order for the unit to be made safe, decent and sanitary, and any other defects or deficiencies which may be discovered on any such inspection or reinspection. I. Rental Subsidy Determination: In order to assure compliance with such applicable schedules and criteria as may be established by HUD and all applicable regulations concerning the amount of payments to be made on behalf of families, the Contractor shall make such appropriate determinations of rental contributions required of participating families as may be requisite. m. Requisition for Payment: The Contractor shall submit to the State in such manner as determined by the State, a requisition for payments no less than 15 days prior to the first day of each month in which units are leased. A listing of newly leased units and terminations which have occurred during each month must be attached to the monthly requisition. The listing must include owner social security numbers or federal identifications, Voucher numbers and the names of families and owners, and any other information required by the State. n. Annual Inspection: After such time as a HAP Contract may have been executed with respect to any unit and such unit occupied, the Contractor shall inspect such unit at least annually to assure the unit is safe, decent and sanitary. All conducted inspections and confirmations of continued occupancy shall be submitted to the State in such manner and at such times as shall be required by the State. Should the owner of any rental unit fail to make any necessary repairs, the Contractor shall abate the rental subsidy and inform the State of such abatement in writing. If the owner of the rental unit still fails to make the necessary repairs, then the HAP contract will be terminated pursuant to CFR 24 982.404. o. Annual Recertification: The Contractor shall examine, at least annually, family composition and income, the extent of medical or unusual expenses and advise the State with respect to its recommendations as to appropriate adjustments in the amounts of family contributions and payments. p. Utility Allowance Schedule and Rent Reasonableness: The Contractor shall on an annual basis review and report to the State its recommendation of the reasonableness of utility allowances. Should changes in utility rates or other circumstances necessitate changes in such allowances, the Contractor shall recommend to the State appropriate adjustments thereto. The Contractor shall review and document, at a minimum, on an quarterly basis the rental market to 395-53-01-1014 Page 3 of 9 Pages determine if requested rents are rea ible to the current market. r. Eviction Review: The Contractor shall examine all notices of proposed evictions by the owner to the family, together with the grounds therefore and any objections raised thereto. During the term of the lease the owner may only evict the tenant from the unit by instituting court action. s. Resorts: The Contractor shall furnish the State with such reports, statements, documents and other information as the State may require relative to its compliance with the provisions of this Contract. t. Administrative Plan: The Contractor will comply with all policy decisions set forth in the Colorado Division of Housing Administrative Plan. 6. CERTIFICATIONS. In performing its duties and responsibilities hereunder, the Contractor and the State hereby assure and certify that: a. They will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and regulations pursuant thereto (Title 24 CFR Part I) which states that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination under any program or activity for which the applicant receives financial assistance; and will immediately take any measures necessary to effectuate this agreement. With reference to the real property and structure(s) thereon which are provided or improved with the aid of federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer of property, the transferee, for the period during which the real property and structure(s) are used for a purpose involving the provision of similar services or benefits. b. They will comply with Title VIII of the Civil rights Act of 1968 as amended, which prohibits discrimination in housing on the basis of race, color, sex, religion, creed, national or ethnic origin, familial status, handicap or disability relating to housing and related facilities provided with federal financial assistance. c. Theywill complywith Executive Order 11063 on Equal Opportunity in Housing which prohibits discrimination because of race, color, sex, religion, creed, national or ethnic origin, familial status, handicap or disability in housing and related facilities provided with federal financial assistance. d. They will comply with Section 504 of the Rehabilitation Act of 19873 (29 USC 793), as amended, which provides that no otherwise qualified individual shall, solely by reason of handicap, be excluded from participation (including employment), denied program benefits or subjected to discrimination under any program or activity receiving federal funds. e. They will comply with the 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. f. They will comply with the Americans with Disabilities Act Provisions of 1990 (Title 28 CFR) which assures that at all times during the performance of this contract that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in, or denied to benefits of service, programs, or activities or be subjected to any discrimination upon which assurance the state relies. g. They will comply with establishing the criteria for the selection of tenants and will not utilize preferences or priorities other than the selection priorities established by the State and the Federal Preferences set by HUD 7. COMMUNITY HOUSING AFFORDABILI Y STRATEGY. The Contractor shall consult its local Community Housing Affordability Strategy and identify it's communities housing needs and the needs oflow-income personswhich reside in their community. The Contractor will undertake action to meet the housing needs of their community. 8. LOBBYING. The Contractor assures and certifies that no federal appropriated funds have been paid or will be paid 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. 9. AUDIT. 395-53-01-1014 Page 4 of 9 Pages a) Discretionary Audit. State, through the Executive Director of )epartment, the State Auditor, or any ~of their duly authorized representatives, including an independent Certified Public Accountant of the State's choosing, or the federal government or any of its properly delegated or authorized representatives shall have the right to inspect, examine, and audit the Contractor's (and any subcontractor's) records, books, accounts and other relevant documents. Such discretionary audit may be requested at any time and for any reason from the effective date of this Contract until five (5) years after the date final payment for this Project is received by the Contractor, provided that the audit is performed during normal business hours. b) Mandatory Audit. Whether or not the State calls for a discretionary audit as provided above, the Contractor shall include the Project in an annual audit report as required by the Colorado Local Government Audit Law, CRS. 1973, 29- 1-601, et sec 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 ofnon-compliance with applicable requirements, the Department reserves the right to institute compliance or other appropriate proceedings notwithstanding any other judicial or administrative actions filed pursuant to C.R.S. 1973, 29-1-607 or 29-1-608. 10. MONITORING AND EVALUATION. The State will monitor and evaluate the Contractor under the Housing Choice Voucher Program. The Contractorwill be monitored for compliance with the rules, regulations, requirements and guidelines which the State has promulgated or may promulgate and will be monitored at least annually during the operation of the program. The Contractor will also be subject to monitoring and evaluation by the U.S. Department of Housing and Urban Development. The State reserves the right to withhold any and all administrative fees if the Contractor is not in compliance with the program rules regulations and requirements. 11. INDEPENDENT CONTRACTOR RELATIONSHIP. THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONEYS PAID PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR 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. 12. PERSONNEL. The Contractor represents that he has, orwill secure at his own expense all personnel, as employees of the Contractor, necessary to perform the work and services required to be performed by the Contractor under this Contract. Such personnel may not be employees of or have any contractual relationship with the State and no such personnel are eligible for any employees benefits, unemployment compensation or any other benefits accorded to State employees and Contractor agrees to indemnify the State for any costs for which the State may be found liable in these regards. Contractor shall pay when due all required employment taxes and income tax withholding. All of the services required hereunder will be performed by the Contractor or under his supervision. The Contractor is responsible for providing Workmen's 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 Workmen'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. 13. 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, sex, national origin, familial status, handicap or disability. 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. 14. CONFLICT OF INTEREST. No employee or official of the State, no member of the governing body of the locality 395-53-01-1014 Page 5 of 9 Pages identified in Paragraph 2. hereof, an other public official of such locality who rises any functions or responsibilities with respect to the units leased under the Program and the ACC during their tenure or for one year thereafter shall have any interest, direct or indirect, in the Contract or any proceeds or benefits arising therefrom. 15. LIMITATION TO PARTICULAR FUNDS. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated with funds provided to the State for the purpose of contracting for the services provided for herein, 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 this Contract. 16. 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. 17. CONTRACT TERMINATION. The 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 Housing Choice Voucher Program 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, the State may immediately terminate or amend this Contract. b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his 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 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 Paragraph 6. 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. If this Contract is terminated due to the fault of the Contractor, Paragraph 13. hereof relative to termination shall apply. 18. ASSIGNMENT. Neither party, nor any subcontractors hereto, may assign its rights or duties under this Contract without the prior written consent of the other party, except as provided by Section 4-9-318, C.R.S. 19. BINDING ON SUCCESSORS. Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns. 20. CHANGES. The State may, from time to time, require changes in the scope of services, unit distribution and project numbers of the Contract to be performed hereunder. However, this Contract is intended as the complete integration of all understandings between the parties, at this time, and no prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect, whatsoever, unless embodied in a written contract amendment incorporating such 395-53-01-1014 Page 6 of 9 Pages .~ ~~ h"ereto shall have any force or effec atsoever, unless embodied in a written ract amendment incorporating such changes, including any increase or decrease in the amount of monies to be paid to the Contractor, executed and approved pursuant to the State's Fiscal Rules. 21. SEVERABILITY. To the extent that this Contract maybe 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 forany reason, such invalidity orfailure 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. 22. SURVIVAL OF PROVISIONS. Notwithstanding any termination of the Contract, the survival of provisions shall continue in force and effect as to any provisions hereof which require observance or performance by the State and Contractor subsequent to the date specified for termination, and it is understood and agreed such provisions shall survive any said termination date. 395-53-01-1014 Page 7 of 9 Pages SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety, conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106. INDEMNIFICATION 4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practice (CRS 24-34-402), and as required by Executive Order, Equal Opportunity and Affirma- tive Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts orsub-contracts. During the performance of this contract, the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreemenk or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. (d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity, because of race, creed, color, sex, national origin, or ancestry. (f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt either directly or indirectly, to commit any act defined in this contract to be discriminatory. Form 6-AC-026 Revised 7/97 395-53-01-1022 Page 8 of 9 Pages (g) In the event of the contractor's non-comp~iance with the non-discrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations or orders promulgated in accordance therewith, or as otherwise provided by law. (h) The Contractor will include the provisions of paragraphs (a) through (h) in every sub-contract and subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a. Provisions of CRS 8-17-101 & 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 anon-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident. If it is determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements (CRS 8-19-101 and 102). GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra- judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules and regulations that have been or may hereafter be established. 9. Pursuant to CRS 24-30-202.4 (as amended), the state controller may withhold debts owed to state agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 22, Title 39, CRS; (c) unpaid loans due to the student loan division of the department of higher education; (d) owed amounts required to be paid to the unemployment compensation fund; and (e) other unpaid debts owing to the state or any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to judgement as certified by the controller. ~10. The signatories aver that they are familiar with CRS 18-8-301, et. seq., (Bribery and Corrupt Influences) and CRS 18-8-401, et. seq., (Abuse of Public Office), and that no violation of such provisions is present. 11. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. Contractor (Full Legal Name) County of Eagie STATE OF COLORADO Position (Title) Chairman, Board of County Commissioners ocia ecurrty um ror a era um r ~ sec pf Corporation:} ~ M rh .~ Attest (Seal) r_ gy ~~CORADO BILL S, GOVE By EXECUTIVE DI TOR B BROOKS DEPARTMENT OF Local Affairs APPROVALS STATE CONTROLLER Arthur L. Barnhart By . Rose Marie A n 395-53-01-1030 Page 9 which is the last of 9 Pages