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HomeMy WebLinkAboutC03-065 CDBG Department of Local Affairs~ ®~ d~~ ~ f
~'~DBG
Rev. 6/28/02
Contract Routing #
Vendor# ~ ~
CFDA # 14.228
CONTRACT
THIS CONTRACT, made by and between the State of Colorado Department of Local Affairs. 1313 Sherman
Street. Denver. Colorado 80203 for the use and benefit of hereinafter referred to as the State, and Eagle County. PO
Box 850. Eagle. Colorado 81631, thereinafter referred to as the Contractor,
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwis~~ ~e
available and a sufficient unencumbered balance thereof remains available for payment in Fund Number
Appropriatioh Code Number Z~ ~ , Org. Unit ~ D N-D~ GBL ~739'D_ z
Contract Encumbrance Number ;and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS, the United States Government, through the Housing and Community Development Act of 1974
("the Act"), Pub. L. No. 93-383, as amended, has established a Community Development Block Grant ("CDBG")
program and has allowed each state to elect to administer such federal funds for its nonentitlement areas, subject to
certain conditions, including a requirement that the state's program give maximum feasible priority to activities which
will benefit very low-, low-, and moderate-income families or aid in the prevention or elimination of slums or blight; the
state's program may also include activities designed to meet other community development needs having a particular
urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community
where other financial resources are not available to meet such needs. Additionally, the state's program is subject to a
federal requirement that not less than seventy percent (70%) of the aggregate amount of CDBG funds received by the
state shall be used for the support of activities that benefit persons of very low-, low-, and moderate-income; and
WHEREAS, the State of Colorado has elected to administer such federal funds for its nonentitlement areas
through the Colorado Department of Local Affairs ("Department"), pursuant to C.R.S. 1973, 24-32-106(1) (d), 24-32-
304(2) (j) and 24-32-705(1) (i); and
WHEREAS, the Department has received applications from political subdivisions in Colorado for allocations
from the federal CDBG funds available to Colorado; and
WHEREAS, the Contractor is one of the eligible political subdivisions to receive CDBG funds; and
WHEREAS, the Department has approved the proposed Project of the Contractor;
NOW, THEREFORE, it is hereby agreed that:
1. Scope of Services. In consideration for the monies to be received from the State, the Contractor shall
do, pertorm, and carry out, in a satisfactory and proper manner, as determined by the State, all work elements as
indicated in the "Scope of Service", set forth in Exhibit A, which is attached hereto and is incorporated herein by
reference, and is hereinafter referred to as the "Project". Work performed prior to the execution of this Contract shall
not be considered part of this Project.
2. Responsible Administrator. The performance of the services required hereunder shall be under the
direct supervision of David Carter an employee or agent of Contractor, who is hereby designated as the responsible
administrator of this Project. At any time the Contractor wishes to change the responsible administrator, the
Contractor shall propose and seek the State's approval of such replacement responsible administrator. The State's
approval shall be evidenced through a Contract Amendment to this contract initiated by the State as set forth in
paragraph 16.b) of this Contract. Until such time as the State concurs in the replacement responsible administrator,
the State may direct that Project work be suspended.
3. Time of Performance. This Contract shall become effective upon proper execution of this Contract by
the State Controller or designee. The Project contemplated herein shall commence as soon as practicable after the
execution of this Contract and shall be undertaken and pertormed in the sequence set forth in the attached Exhibit A,
Scope of Services. The Contractor agrees that time is of the essence in the performance of its obligations under this
Contract, and that completion of the Project shall occur not later than the termination date set forth in the Scope of
Services.
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4. Eligibility and Natio~Obiectives. All project activities shall be edible under Section 105 of the Act, as
amended, and all related regulations and requirements. Furthermore, project activities shall meet the following
indicated (with a "X") broad national objective(s), as set forth in Section 104(b)(3) of the Act, as amended, and all
related regulations and requirements:
X Benefit persons of very low-, low-, and moderate-income;
_ Prevent or eliminate slums or blight;
Meet other community development needs having a particular urgency because existing
conditions pose a serious and immediate threat to the health or welfare of the community
where other financial resources are not available to meet such needs.
5. Obligation. Expenditure and Disbursement of Funds.
a) Prior Expenses. Expenses incurred by the Contractor in association with said Project prior to
execution of this Contract are not eligible CDBG expenditures and shall not be reimbursed by the State.
b) Environmental Review Procedures. Funds shall not be obligated or utilized for any activities
requiring a release of funds by the State under the Environmental Review Procedures for the CDBG program at 24
CFR Part 58 until such release is issued in writing. Administrative costs, reasonable engineering and design costs,
and costs of other exempt activities identified in 24 CFR 58.34(a)(1) through (8) do not require a release of funds by
the State. For categorically excluded activities listed in 58.35(a) determined to be exempt because there are no
circumstances which require compliance with any other Federal laws and authorities cited at 58.5, the Contractor
must make and document such a determination of exemption prior to incur-ing costs for such activities.
c) Community Development Plan Requirement. Prior to receiving disbursements of CDBG funds from
the State, the Contractor shall identify its community development and housing needs, including the needs of very
low-, low-, and moderate-income persons, and the activities to be undertaken to meet such needs.
6. Definition of Verv low-. Low- and Moderate-Income Persons. Very low-, low-, and moderate-income
persons are defined, for the purposes of this Contract, as:
X Those persons who are members of very low-, low-, and moderate-income families as set forth
in Exhibit B, which is attached hereto and incorporated herein by reference, or as subsequently
promulgated in writing by the State, or
Those persons who have been determined by HUD, based upon most recent Census data, to
be very low-, low-, and moderate-income persons.
_ Those persons belonging to clientele groups who are generally presumed by HUD to be
principally very low-, low-, and moderate-income persons.
_ Not applicable to this project.
7. Citizen Participation. The Contractor shall provide citizens with reasonable notice of, and opportunity to
comment on, any substantial change proposed to be made in the use of CDBG funds from one eligible activity to
another by following the same citizen participation procedures required for the preparation and submission of its
CDBG application to the State. The Contractor shall also comply with the procedure set forth herein regarding the
modification and amendment of this Contract.
Additionally, the Contractor shall have and follow a Citizen Participation Plan (CPP) which includes the six
elements specified in Section 104(a)(3) the Act. The CPP must include a provision for at least one public hearing
during the course of the Project to allow citizens to review and comment on the Contractor`s performance in carrying
out the Project.
8. Residential Antidisplacement and Relocation Assistance Plan. The Contractor shall follow a residential
antidisplacement and relocation assistance plan which, should displacement occur, provides that:
a) governmental agencies, non- and for-pro5t organizations, or private developers shall provide within
the same community comparable replacement dwellings for the same number of occupants as could have been
housed in the occupied and vacant occupiable low- and moderate-income dwelling units demolished or converted to a
use other than for housing for low- and moderate-income persons, and provide that such replacement housing may
include existing housing assisted with project based assistance provided under Section 8 of the United State Housing
Act of 1939;
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b) such compara~replacement dwellings shall be designed ~emain affordable to persons of low-
and moderate-income for ten (10) years from the time of initial occupancy;
c) relocation benefits shall be provided for all low income persons who occupied housing demolished
or converted to a use other than for low-. ormoderate-income housing, including reimbursement for actual and
reasonable moving expenses, security deposits, credit checks, and other moving-related expenses; including any
interim living costs; and, in the case of displaced persons of low- and moderate-income, provided either:
i) compensation sufficient to ensure that, for afive-year (5-year) period, the displaced families
shall not bear, after relocation, a ratio of shelter costs to income that exceeds thirty percent
(30%); or
ii) if elected by a family, a lump-sum payment equal to the capitalized value of the benefits
available under subclause (i) to permit the household to secure participation in a housing
cooperative or mutual housing association;
d) Persons displaced shall be relocated into comparable replacement housing that is:
i) decent, safe, and sanitary;
ii) adequate in size to accommodate the occupants;
iii) functionally equivalent; and,
iv) in an area not subject to unreasonably adverse environmental conditions.
Persons displaced shall have the right to elect, as an alternative to the benefits under this paragraph, to receive
benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, if
such persons determine that it is in their best interest to do so; and, where a claim for assistance under subparagraph
(d) is denied by the Contractor, the claimant may appeal to the State, and that the decision of the State shall be final
unless a court determines the decision was arbitrary and capricious.
The Contractor shall follow the Residential Antidisplacement and Relocation Assistance Plan except that paragraphs
a) and b) shall not apply in a case in which the Secretary of the U. S. Department of Housing and Urban Development
finds, on the basis of objective data, that there is available in the area an adequate supply of habitable affordable
housing for low-, and moderate-income persons. A determination under this paragraph is final and nonreviewable.
9. Affirmatively Furthering Fair Housing. The Contractor shall affirmatively further fair housing in addition to
conducting and administering its Project in conformity with the equal opportunity requirements of Title VI of the Civil
Rights Act of 1964 and the Fair Housing Act, as required herein.
10. Recovery of Capital Costs of Public Improvements. The Contractor shall not attempt to recover any
capital costs of public improvements assisted in whole or part with CDBG funds by assessing any amount against
properties owned and occupied by persons of very low-, low-, or moderate-income, including any fee charged or
assessment made as a condition of obtaining access to such public improvements, unless;
a) CDBG funds are used to pay the proportion of such fee or assessment that relates to the capital
costs of such public improvements that are financed from revenue sources other than the CDBG program, or
b) for the purposes of assessing any amount against properties owned and occupied by persons of
moderate income who are not persons of very low- or low-income, it certifies that it lacks sufficient CDBG funds to
comply with the requirements of subparagraph (a) hereinabove.
11. Compensation and Method of Payment. The State agrees to pay to the Contractor, in consideration for
the work and services to be performed, a total amount not to exceed Three Hundred Ten Thousand Dollars
310 000. The method and time of payment shall be made in accordance with the "Payment Schedule" set forth
herein in EXHIBIT A. Any State funds not required for completion of the Project will be deobiigated by the State
through the processing of a bilateral amendment.
Unless otherwise provided in the Scope of Services:
a) The Contractor shall periodically initiate all reimbursement requests by submitting to the
Department a written request using the State-provided form, for reimbursement of actual and proper expenditures of
State CDBG funds plus an estimation of funds needed for a reasonable length of time.
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b) The State may~hold any payment if the Contractor has fali~d to comply with the State CDBG
program objectives, contractual terms, or reporting requirements.
c) The State may withhold the final payment until the Contractor has submitted and the Department
has accepted, all required quarterly Financial Status Report and Performance Report information.
12. Financial Management and Budget. At all times from the effective date of this Contract until completion
of this Contract, the Contractor shall comply with the administrative requirements, cost principles and other
requirements set forth in the State's Financial Management Guide and the Financial Management Section of the State
CDBG Guidebook. Contractor may adjust individual budgeted expenditure amounts without approval of the State
provided that no budget transfers to or between administration budget categories are proposed and provided that
cumulative budgetary line item changes do not exceed Twenty Thousand Dollars ($20,000.00), unless otherwise
specified in the "Budget" section of Exhibit A. Any budgetary modifications that exceed these limitations must be
approved by the State through a Contract Amendment as set forth in Paragraph 16. c).
13. Audit.
a) Discretionary Audit. The State, through the Executive Director of the Department, the State Auditor,
or any of their duly authorized representatives, including an independent Certified Public Accountant of the State's
choosing, or the federal 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 pertormed 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 its annual audit report as required by the Colorado Local Government Audit
Law, C.R.S. 1973, 29-1-601, et sec and the Single Audit Act of 1996, Pub. L. 104-156, 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 or Federal Agency related to the relevant audit report. If the audit reveals evidence of non-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.
14. 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.
15. Contract Termination. This contract may be terminated as follows:
a) Termination Due to Loss of Funding. The parties hereto expressly recognize that the Contractor is
to be paid, reimbursed, or otherwise compensated with federal CDBG funds provided to the State for the purpose of
contracting for the services provided for herein or with program income, and therefore, the Contractor expressly
understands and agrees that all its rights, demands and claims to compensation arising under this Contract are
contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received
by the State, the State may immediately terminate or amend this Contract.
b) Termination for Cause. In accordance with 24 CFR Part 85.44, suspension or termination may
occur if the Contractor materially fails to comply with any term of the Contract, or, in the State's discretion, the
Contract may be terminated for convenience. If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner its obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements,
or stipulations of this Contract, the State shall thereupon have the right to terminate this Contract for cause by giving
written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days
before the effective date of such termination. In that event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this
Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and
equitable compensation for any satisfactory work completed on such documents and other materials.
Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages
sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any
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` ~ payments to the Contractor for the urpose of offset until such time as the exa~~'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 desires.
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. All finished or unfinished
documents and other materials as described in subparagraph 16.b) above shall, at the option of the State, become its
property. If the Contract is terminated by the State as provided herein, the Contractor will be paid an amount which
bears the same ratio to the total compensation as the services actually performed bear to the total services of the
Contractor covered by this Contract, less payments of compensation previously made: Provided, however, that if less
than sixty percent (60%) of the services covered by this contract have been performed upon the effective date of such
termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-
pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period
which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is
terminated due to the fault of the Contractor, subparagraph 16.b) hereof relative to termination shall apply.
16. Modification and Amendment.
a) Modification by Oaeration of Law. This Contract is subject to such modifications as may be
required by changes in federal or state law or regulations. Any such required modifications shall be incorporated into
and be part of this Contract as if fully set forth herein.
b) Unilateral Amendment. The State may unilaterally modify the following portions of this Contract
when such modifications are requested by the Contractor or determined by the State to be necessary and
appropriate. In such cases, the Amendment is binding upon proper execution by the Executive Director of the
Department and State Controller's designee and without the signature of the Contractor.
Paragraph 2. of this Contract, "Responsible Administrator";
ii) Paragraph 3. of Exhibit A, Scope of Services "Time of Performance";
iii) Paragraph 4 of Exhibit A, Scope of Services °Remit Address",
iv) Paragraph 5 of Exhibit A, Scope of Services "Payment Schedule".
Contractor must submit a written request to the Department if modifications are required. Amendments to this
Contract for the provisions outlined in this Paragraph 16 b. i) through iv): Responsible Administrator, Time of
Performance, Remit Address, or Payment Schedule can be executed by the State (Exhibit C1).
c) Bilateral Amendment. In the following circumstances, modfcations shall be made by an
Amendment signed by the Contractor, the Executive Director of the Department and the State Controller's designee.
Such Amendments must be executed by the Contractor then the State and are binding upon proper execution by the
State Controller's designee.
i) unless otherwise specked in the "Budget' section of Exhibit A, when cumulative budgetary line
item changes exceed Twenty Thousand Dollars ($20,000.00);
ii) unless otherwise specified in the "Budget" section of Exhibit A, when any budget transfers to or
between administration budgetary categories are proposed;
iii) when any other material modifications, as determined by the State, are proposed to Exhibit A
or any other Exhibits;
iv) when additional or less funding is needed and approved and modifications are required to
Paragraph 5 of this Contract, Compensation and Method of Payment as well as to Exhibit A
"Budget' and "Payment Schedule";
v) when there are additional federal statutory or regulatory compliance changes in accordance
with Paragraph 20 of this Contract.
Such Bilateral Amendment may also incorporate any modifications allowed to be made by Unilateral Amendment as
set forth in subparagraph 16.b) of this paragraph.
Upon proper execution and approval, such Amendment (Exhibit C2) shall become an amendment to the Contract,
effective on the date specified in the amendment. No such amendment shall be valid until approved by the State
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Controller or such assistant as he ay designate. All other modifications to thii;'Contract must be accomplished
through amendment to the contract pursuant to fiscal rules and in accordance with subparagraph 16 d).
d) Other Modifications. If either the State or the Contractor desired to modify the terms of this
Contract other than as set forth in subparagraphs 16.b) and 16.c) above, written notice of the proposed
modification shall be given to the other party. No such modification shall take effect unless agreed to in
writing by both parties in an amendment to this Contract properly executed and approved in accordance with
applicable law. Any amendment required per this subparagraph will require the approval of other state
agencies as appropriate, e.g. Attorney General, State Controller, etc.
Such Amendment may also incorporate any modifications allowed to be made by Unilateral and Bilateral Amendment
as set forth in subparagraphs 16.b) or 16.c) of this paragraph.
17. Integration. This Contract, as written, with attachments and references, is intended as the complete
integration of ali understanding between the parties at this time and no prior or contemporaneous addition, deletion or
amendment hereto shall have any force or effect whatsoever, unless embodied in a written authorization or contract
amendment incorporating such changes, executed approved pursuant to applicable law.
18. Reports.
a) Financial Reports. The Contractor shall submit to the Department quarterly financial status reports
in the manner and method set forth in the Reporting Section of the State CDBG Guidebook.
b) Pertormance Reports. The Contractor shall submit to the Department quarterly performance
reports and a project completion report in a manner and method prescribed by the Department in the Reporting
Section and Close-Out Section of the State CDBG Guidebook.
19. Conflict of Interest.
a) In the Case of Procurement. In the procurement of supplies, equipment, construction and services
by the Contractor and its subcontractors, no employee, officer or agent of the Contractor or its subcontractors shall
participate in the selection or in the award of administration of a contract if a conflict of interest, real or apparent,
would be involved. Such a conflict would arise when the employee, officer or agent; any member of his immediate
family; his partner; or an organization which employs, or is about to employ, any of the above, has a financial or other
interest in the party or firm selected for award. Officers, employees or agents of the Contractor and its subcontractors
shall neither solicit nor accept gratuities, favors or anything of monetary value from parties or potential parties to
contracts. Unsolicited items provided as gifts are not prohibited if the intrinsic value of such items is nominal.
b) In All Cases Other Than Procurement. in alt cases other than procurement (including the provision
of housing rehabilitation assistance to individuals, the provision of assistance to businesses, and the acquisition and
disposition of real property), no persons described in subparagraph i) below who exercise or have exercised any
functions or responsibilities with respect to CDBG activities or who are in a position to participate in adecision-making
process or gain inside information with. regard to such activities, may obtain a personal or financial interest or benefit
from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds
thereunder, either for themselves or those with whom they have family or business ties, during their tenure for one
year thereafter.
i) Persons Covered. The conflict of interest provisions of this subparagraph 19.b) apply to any person
who is an employee, agent, consultant, officer, or elected official or appointed official of the Contractor or of
any designated public agencies or subcontractors receiving CDBG funds.
ii) Threshold Requirements for Exceptions. Upon the written request of the Contractor, the State may
grant an exception to the provisions of this subparagraph 19.b) when it determines that such an exception will
serve to further the purposes of the CDBG program and the effective and efficient administration of the
Contractor's Project. An exception may be considered only after the Contractor has provided the following:
a) A disclosure of the nature of the conflict, accompanied by an assurance that:
i. there has been or will be a public disclosure of the conflict and a description of how the
public disclosure was or will be.made; and
ii. the affected person has withdrawn from his or her functions or responsibilities, or the
decision-making process with respect to the specific CDBG-assisted activity in question; and
b) An opinion of the Contractor's attorney that the interest for which the exception is sought would
not violate State or local law; and
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c) A written statement signed by the chief elected official of the Contractor holding the State
harmless from all liability in connection with any exception which maybe granted by the State
to the provisions of this subparagraph 19.b);
iii) Factors to be Considered for Exceptions. In determining whether to grant a requested exception
after the Contractor has satisfactorily met the requirements of subparagraph 19.b) ii) above, the State shall
consider the cumulative effect of the following factors, where applicable:
a) Whether the exception would provide a significant cost benefit or an essential degree of
expertise to the Project which would otherwise not be available;
b) Whether an opportunity was provided for open competitive bidding or negotiation;
c) Whether the person affected is a member of a group or class of low- or moderate-income
persons intended to be beneficiaries of the CDBG-assisted activity, and the exception will
permit such person to receive generally the same benefits as are being made available or
provided to the group or class;
d) Whether the interest or benefit was present before the affected person was in a position as
described in this subparagraph 19.b);
e) Whether undue hardship will result either to the Contractor or the person affected when
weighted against the public interest served by avoiding the prohibited conflict; and
f) Any other relevant considerations.
20. Compliance with Applicable Laws. At all times during the performance of this Contract, the Contractor
and any subcontractors shall strictly adhere to all applicable Federal and State laws, orders, and all applicable
standards, regulations, interpretations or guidelines issued pursuant thereto. The applicable Federal laws and
regulations include:
a) National Environmental Policy Act of 1969 (42 USC 4321 et seq.), as amended, and the
implementing regulations of HUD (24 CFR Part 58) and of the Council on Environmental Quality (40 CFR Parts 1500-
1508) providing for establishment of national policy, goals, and procedures for protecting, restoring and enhancing
environmental quality.
b) National Historic Preservation Act of 1966 (16 USC 470 et seq.), as amended, requiring
consideration of the effect of a project on any district, site, building, structure or object that is included in or eligible for
inclusion in the National Register of Historic Places.
c) Executive Order 11593. Protection and Enhancement of the Cultural Environment, May 13, 1971
(36 FR 8921 et seq.), requiring that federally-funded projects contribute to the preservation and enhancement of sites,
structures and objects of historical, architectural or archaeological significance.
d) The Archaeological and Historical Data Preservation Act of 1974, amending the Reservoir Salvage
Act of 1960 (16 USC 469 et seq.), providing for the preservation of historic and archaeological data that would be lost
due to federally-funded development and construction activities.
e) Executive Order 11988. Floodplain Management, May 24, 1977 (42 FR 26951 et seq.) prohibits
undertaking certain activities in floodplains unless it has been determined that there is no practical aitemative, in
which case notice of the action must be provided and the action must be designed or modified to minimize potential
damage.
f) Executive Order 11990. Protection of Wetlands, May 24, 1977 (42 FR 26961 et seq.) requiring
review of all actions proposed to be located in or appreciably affecting a wetland. Undertaking or assisting new
construction located in wetlands must be avoided unless it is determined that there is no practical alternative to such
construction and that the proposed action includes all practical measures to minimize potential damage.
g) Safe Drinking Water Act of 1974 (42 USC 201, 300f et seq., 7401 et seq.), as amended, prohibiting
the commitment of federal financial assistance for any project which the Environmental Protection Agency determines
may contaminate an aquifer which is the sole or principal drinking water source for an area.
h) The Endangered Species Act of 1973 (16 USC 1531 et seq.), as amended, requiring that actions
authorized, funded, or carried out by the federal government do not jeopardize the continued existence of endangered
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and threatened species or resul the destruction or mod cation of the habit~of such species which is determined
by the Department of the Interior, after consultation with the State, to be critical.
i) The Wild and Scenic Rivers Act of 1968 (16 USC 1271 et seq.), as amended, prohibiting federal
assistance in the construction of any water resources project that would have a direct and adverse effect on any river
included in or designated for study or inclusion in the National Wild and Scenic Rivers System.
j) The Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, requiring that federal assistance will
not be given and that license or permit will not be issued to any activity not conforming to the State implementation
plan for national primary and secondary ambient air quality standards.
k) Flood Disaster Protection Act of 1973 (42 USC 4001), placing restrictions on eligibility and
acquisition and construction in areas identified as having special flood hazards.
I) HUD Environmental Criteria and Standards (24 CFR Part 51) providing national standards for noise
abatement and control, acceptable separation distances from explosive or fire prone substances and suitable land
uses for airport runway clear zones.
mj Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 -Title III. Real
Property Acauisition (Pub. L. 91-646 and implementing regulations at 24 CRF Part 42), providing for uniform and
equitable treatment of persons displaced from their homes, businesses, or farms by federal orfederally-assisted
programs and establishing uniform and equitable land acquisition policies for federal assisted programs.
Requirements include bona fide land appraisals as a basis for land acquisition, specific procedure for selecting
contract appraisers and contract negotiations, furnishing to owners of property to be acquired a written summary
statement of the acquisition price offer based on the fair market price, and specified procedures connected with
condemnation.
n) Uniform Relocation Assistance and Real Property Acauisition Policies Act of 1970 -Title II. Uniform
Relocation Assistance (Pub. L. 91-646 and implementing regulations at 24 CRF Part 42), providing for fair and
equitable treatment of all persons displaced as a result of any federal orfederally-assisted program. Relocation
payments and assistance, last-resort housing replacement of displacing agency, and grievance procedures are
covered under the Uniform Act. Payments and assistance will be made pursuant to State or local law, or the grant
recipient must adopt a written policy available to the public describing the relocation payments and assistance that will
be provided. Moving expenses and up to $22,500 or more for each qualified homeowner or up to $5,250 or more for
each tenant are potential costs.
o) Section 104(d) of the Housing and Community Development Act of 1974, (42 USC 5301 as
amended and implementing regulations at 24 CFR Part 570) providing for the replacement of all low- and moderate-
income dwelling units that are demolished or converted to another use as a direct result of the use of CDBG funds,
and which provides for relocation assistance for low- and moderate-income households so displaced.
p) Davis-Bacon Fair Labor Standards Act (40 USC 276A -276a-5) requiring that, on all contracts and
subcontracts which exceed $2,000 for federally-assisted construction, alteration or rehabilitation, laborers and
mechanics employed by contractors or subcontractors shall be paid wages at rates not less than those prevailing on
similar construction in the locality as determined by the Secretary of Labor. (This requirement applies to the
rehabilitation of residential property only if such property is designed for use of eight or more units.) The requirements
set forth in this subparagraph are inapplicable to individuals who volunteer their services under circumstances set
forth in 24 CFR Part 70.
Assistance shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the services of,
or fund any subcontractor or subrecipient during any period of debarment, suspension, or placement in ineligibility
status under the provisions of 24 CFR Part 24.
q) Contract Work Hours and Safety Standards Act of 1962 (40 USC 327 et seq.) requiring that
mechanics and laborers employed on federally-assisted contracts which exceed $2,000 be paid wages of not less
than one and one-half times their basic wage rates for all hours worked in excess of forty in a work week.
r) Copeland "Anti-Kickback" Act of 1934 (40 USC 276 (c)) prohibiting and prescribing penalties for
"kickbacks" of wages in federally-financed or -assisted construction activities.
s) The Lead-Based Paint Poisoning Prevention Act --Title IV (42 USC 4831) prohibiting the use of
lead-based paint in residential structures constructed or rehabilitated with federal assistance, and requiring notification
Page 8 of 13
t '' t -'
to purchasers and tenants of suc housing of the hazards of lead-based pain nd of the symptoms and treatment of
lead-based paint poisoning.
t) Unless otherwise provided for in EXHIBIT A, Scope of Services, this contract is subject to the
following: Section 3 of the Housing and Community Development Act of 1968 (12 U.S.C. 1701 (u)), as amended.
i) The work to be performed under this contract is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (u) (Section 3).
The purpose of Section 3 is to ensure that employment and other economic opportunities
generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the
greatest extent feasible, be directed to very low- and low-income persons, particularly persons
who are recipients of HUD assistance for housing.
The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which
implement Section 3. As evidenced by their execution of this contract, the parties to this
contract certify that they are under no contractual or other impediment that would prevent them
from complying with the Part 135 regulations.
iii) The Contractor agrees to send to each labor organization or representative of workers with
which the Contractor has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers' representative of the Contractor's
commitments under this Section 3 clause, and will post copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the Section 3 preference, shall set forth
minimum number and job titles subject to hire, availability of apprenticeship and training
positions, the quaycations for each; and the name and location of the persons) taking
applications for each of the positions; and the anticipated date the work shall begin.
iv) The Contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR Part 135 ((Paragraph 23 t)i) - 23 t)vii) of this contract)),
and agrees to take appropriate action, as provided in an applicable provision of the subcontract
or in this Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR Part 135. The Contractor will not subcontract with any subcontractor
where the Contractor has notice or knowledge that the subcontractor has been found in
violation of the regulations in 24 CFR Part 135.
v) The Contractor will certify that any vacant employment positions, including training positions,
that are filled (1) after the Contractor is selected but before the contract is executed, and (2)
with persons other than those to whom the regulations of 24 CFR Part 135 require employment
opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24
CFR Part 135.
vi) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination
of this contract for default, and debarment or suspension from future HUD assisted contracts.
vii) With respect to work performed in connection with Section 3 covered Indian housing
assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b)
requires that to the greatest extent feasible (i) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of contracts and
subcontracts shall be given to Indian organizations, and Indian-owned Economic Enterprises.
Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to
comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with
Section 7(b).
u) Section 109 of the Housing and Community Development Act of 1974 (42 USC 5309), as amended,
providing that no person shall be excluded from participation (including employment), denied program benefits or
subjected to discrimination on the basis of race, color, national origin or sex under any program or activity funded in
whole or in part under Title I (Community Development) of the Act.
Page 9 of 13
~ ~ ~~ r
v) Title IV of the it Rights Act of 1964 (Pub. L. 88-352; 42 U~2000 (d)) prohibiting discrimination
on the basis of race, color, and incorporates laws prohibiting age or handicap or religious affiliation, or national origin
discrimination in any program or activity receiving federal financial assistance.
w) The Fair Housinca Act (42 USC 3601-20), as amended, prohibiting housing discrimination on the
basis of race, color, religion, sex, national origin, handicap and familial status.
x) Executive Order 11246 (1965), as amended by Executive Orders 11375 and 12086, prohibiting
discrimination on the basis of race, color, religion, sex or national origin in any phase of employment during the
performance of federal or federally-assisted contracts in excess of $2,000.
y) Executive Order 11063 (1962), as amended by Executive Order 12259, requiring equal opportunity
in housing by prohibiting discrimination on the basis of race, color, religion, sex or national origin in the sale or rental
of housing built with federal assistance.
z) Section 504 of the Rehabilitation Act of 1973 (29 USC 793), as amended, providing that no
otherwise qualified individual shall, solely by reason of a handicap, be excluded for participation (including
employment), denied program benefits or subjected to discrimination under any program or actnrity receiving federal
funds.
aa) Acae Discrimination Act of 1975 (42 USC 6101), as amended, providing that no person shall be
excluded from participation, denied program benefits or subjected to discrimination on the basis of age under any
program or activity receiving federal funds.
ab) Fire Administration Authorization Act of 1992 (P.L. 102-522), prohibiting the use of housing
assistance in connection with certain assisted and insured properties, unless various protection and safety standards
are met.
ac) Excessive Force. In accordance with Section 519 of Public Law 101-144, the HUD Appropriations
Act, Section 906 of Cranston-Gonzalez Affordable Housing Act of 1990, the Contractor has adopted and is enforcing
a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any
individuals engaged in non-violent civil rights demonstrations; and has adopted and is enforcing a policy of enforcing
applicable State and local laws against physically ban'ing entrance to or exit from a facility or location which is the
subject of such non-violent civil rights demonstration within its jurisdiction.
ad) Lobbyinca. The Contractor assures and certified that:
No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any federal contract, the making of a
federal grant, the making of any federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any federal contract,
grant, loan or cooperative agreement.
ii) If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an offer or employee of any agency, a Member of
Congress, an officer or employee of congress, or an employee of a Member of Congress in
connection with this federally funded contract, grant, loan, or cooperative agreement, it shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in
accordance with its instructions.
iii) It shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans,
and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
iv) It understands that this cert~cation is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Sutfmission of this cert~cation is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title 31,
USC. Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000.00 and not more than $100,000.00 for each such failure.
Page 10 of 13
.~ , •
•
21. Monitoring and Evaluation. The State will monitor and evaluate the Contractor for compliance with the
terms of the contract, and the rules, regulations, requirements and guidelines which the State has promulgated or may
promulgate, including the State CDBG Guidebook. The Contractor may also be subject to monitoring and evaluation
by the U.S. Department of Mousing and Urban Development.
22. Severability. To the extent that this Contract may be executed and pertormance of the obligations of the
parties may be accomplished within the intent of the contract, the terms of this Contract are severable, and should any
term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not
affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be
construed as waiver of any other term nor as waiver of a subsequent breach of the same term.
23. 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.
24. Subletting. Assignment or Transfer. Neither party nor any subcontractors hereto may sublet, sell,
transfer, assign or otherwise dispose of this Contract or any portion thereof, or of its rights, title, interest or duties
therein, without the prior written consent of the other party. No subcontract or transfer of Contract shall in any case
release the Contractor of liability under this Contract.
25. Non-Discrimination. The Contractor agrees to comply with the letter and the spirit of all applicable state
and federal laws and requirements with respect to discrimination and unfair employment practices.
26. Applicant Statement of Assurances and Certifications. The Contractor has previously signed an
"Applicant Statement of Assurances and Certifications" which is hereby incorporated and made a part of this Contract
by reference.
27. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary, the parties
understand and agree that all terms and conditions of this Contract and the exhibits and attachments hereto which
may require continued performance or compliance beyond the termination date of the Contract shall survive such
termination date and shall be enforceable to the State as provided herein in the event of such failure to perform or
comply by the Contractor or its subcontractors.
28. Order of Precedence. In the event of conflicts or inconsistencies between this contract and its exhibits or
attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order
of priority:
A. Colorado Special Provisions
B. Contract
C. The Scope of Services, Exhibit A
Page 11 of 13
.1 r
SPECIAL PROVISIONS
(For Use Only with Inter-Governmental Contracts)
1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of
Colorado or such assistant as he may designate.
2. FUND AVAILABILITY. CRS 24-30-202 (5.5)
Financial obligations of the State of Colorado payable after the current fiscal yeaz aze contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
3. INDEMNIFICATION.
Indemnity: The contractor shall indemnify, save, and hold harmless the State against any and all claims,
damages, liability and court awazds 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.
No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of
any of the immunities, rights, benefits, protection, or other provisions for the parties, of the Colorado
Governmental Immunity Act, CRS 24-10-101 et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 et
seq. as applicable, as now or hereafter amended.
4. INDEPENDENT CONTRACTOR 4 CCR 801-2
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 MONIES
PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE
CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFTTS UNLESS
THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR
OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR
IMPLIED, TO BIND THE STATE TO ANY AGREEMINTS, LIABILITY, OR UNDERSTANDING EXCEPT AS
EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS'
COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE 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.
5. NON-DISCRIMII~TATION.
The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws
respecting discrimination and unfair employment practices.
6. CHOICE OF LAW.
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 azbitration b~ 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.
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.
7. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507
The signatories aver that to their lmowledge, no employee of the State of Colorado has any personal or
beneficial interest whatsoever in the service or property described herein.
Revised: 12/1/01
v r
SPECIAL PROVISIONS
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR:
Eagle County
Legal Name of contracting Entity
Michael L. Gallagher, Chairman
Print Name & Title of Authorized Officer
CORPORATIC»vC~
(A corporate seal or
Attest (Seal) By
STATE OF COLORADO:
BILL OWENS, GOVERNOR
Executive Director
ALL CONTRACTS MUST BE APPROVED BY THE STATE
CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid
until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not
authorized to begin performance until the contract is signed and dated below. If performance begins
prior to the date below, the State of Colorado may not be obligated to pay for the goods and / or
services provided.
STATE CONTROLLER:
Arthur L. Barnhart
By ~ ~ '
Rose Ma Auten, troller
Department of Lfocal Affairs
Date .~/ 7 ~~Z
84-6000762 Department of Local Affairs
s
EXHIBIT A
SCOPE OF SERVICES
EAGLE COUNTY, GOLDEN EAGLE APARTMENTS -- 02-046G
1. PROJECT DESCRIPTION, OBJECTIVES, AND REQUIREMENTS.
A. Project Description. Eagle County will apply $310,000 in CDBG grant funds toward the
acquisition of the Golden Eagle Apartments, a Rural Development (RD) 515 senior
independent-living facility in Eagle. The 36-unit project contains 24 one-bedroom units with
Rural Development rental assistance. Eagle County will make a total of 30 units affordable to
households at or below 50% area median income (AMn, and will restrict the additional 6 units
to be available to households at or below 30% AMI. The period of affordability will be 50
years. Eagle County will assume two outstanding RD loans at 1% for 50 years. Eagle County
will pass through the funds to a nonprofit corporation, the Golden Eagle Elderly Housing
Corporation, which will acquire the property.
B. Form of Subsidy. $310,000 in CDBG funds will be used for acquisition.
2. ADMINISTRATIVE REQUIREMENTS.
A. Administrative Requirements. These funds will be administered in accordance with the
requirements of this contract, Division of Housing (DOH) Revolving Loan Policies and the
Project Performance Plan (Exhibit D). The Contractor shall comply with the administration
requirements set forth in the most recent Community Development Block Grant Guidebook, or
such requirements as maybe subsequently issued by the State.
If at some time during the period of affordability, the units cannot be filled at the agreed upon
beneficiary levels of 6 units at 30% A1VII and 30 units at 50% AMI, Eagle County may follow
RD Instruction 1930-C which stipulates the order of selection of tenants on the waiting list.
Before allowing this variation, DOH will review the Marketing Plan in use at the time of the
requested variance. In addition, Eagle County will submit quarterly copies of the waiting list to
DOH for the period of affordability of the project. At no time will a unit be leased to a
household over the 80% AMI level. '
B. Section 3 Requirements. This project is not subject to Section 3 Requirements.
3. ELIGIBLE BENEFICIARIES
A. Eligible Beneficiaries. The prospective leasing household must have a gross income that does
not exceed 30% and 50% of the AMI. A listing of the incomes for all family sizes is attached as
Exhibit B.
B. Rents. To ensure the housing is affordable to low and moderate-income persons, rents charged
for CDBG assisted units available to low and moderate-income persons shall not exceed the
Department of Housing and Urban Development (HUD) published Area Median Income (AMn
Rents periodically established by HUD.
Page 1 of 4 Pages
C. Rent Restrictiono insure the housing is affordable to low very-low income persons, the
following rents shall apply to this project:
AMI Number of Units 1-BDR # of Units
30%
50% 6
30 $421
$701
D. Affordability Period. The Contractor shall ensure that the Assisted units continue to be used to
provide housing for families with low and very-low annual income for 50 years after contract
execution.
E. Affordability Enforcement. Rent and beneficiary income requirements must be enforced by
covenants running with the land. The contractor shall ensure that the DOH Beneficiary and
Rent Use Covenant is recorded in the project name and land records. A copy of the recorded
use covenant must be provided to the DOH at the time of recording and before any request for
payment is made.
F. Change in Use. During a period of 50 years following the date of the execution of the Project
by the State, the Contractor may not change the use or planned use of the property acquired or
improved unless: 1) the State determines the new use meets one of the national objectives of the
CDBG program, and 2) the Contractor provides affected citizens with reasonable notice and an
opportunity to comment on any proposed changes. If the Contractor decides, after consultation
with affected citizens, that it is appropriate to change the use of the property to a use which the
State determines does not qualify in meeting a CDBG national objective, the Contractor must
reimburse the State an amount equal to the current fair market value of the property, less any
portion of the value attributable to expenditures of non-CDBG funds for acquisition of, and
improvements to, the property. At the end of the 50-year period following the execution of the
contract date and thereafter, no State restrictions on use of the property shall be in effect.
4. PROPERTY STANDARDS.
A. Down payment and Acquisition. Property must meet local housing standards or codes at the
time of initial occupancy. If no standards exist, then HUD Section 8 Housing Quality Standards
for Existing Housing must be used.
5. NATIONAL OBJECTIVE
Rental: This project meets the national objective of benefit to low and moderate income persons as
required in §570.483(b)(3).
Group, Elderly Projects: This project meets the national objective of benefit to low and moderate
income persons as required in §570.483(b)(2).
6. TIME OF PERFORMANCE. The Project shall commence upon the full and proper execution of this
Contract and the completion of the appropriate environmental review, and shall be completed on or
before September 30, 2003. However, the Project time of performance may be extended by
amendment, subject to mutual agreement of the State and Contractor. To initiate this process, a written
request shall be submitted to the State by the Contractor at least sixty (60) days prior to September 30,
2003, and shall include a full justification for the extension request.
Page 2 of 4 Pages
® •
7. BUDGET. Funds from sources other than CDBG shall not be considered matching funds subject to
federal audit requirements.
Prajeet Activities Project Cost CDBG Funds Other Funds Source
Acquisition $1,600,000 $310,000 $1,070,009
$219,991 RD 515
Eagle County
Survey, Inspections $8,900 $8,900 Eagle County
Legal, Title $7,000 $7,000 Eagle County
Replacement
Reserves $40,000 $40,000 Eagle County
Operating Reserves $2,692 $2,692 Eagle County
Totals $1,658,592 $310,000 $1,348,592
8. PAYMENT SCHEDULE. Payments shall be made in accordance with the provisions set forth in
Paragraph 11. within the main body of this Contract.
$310,000 Interim Payment-Paid upon receipt and approval of written requests from the
Contractor for funds to meet immediate cash needs.
$ 310,000 TOTAL
REMITTANCE ADDRESS
Eagle County
PO Box 179
Eagle, CO 81631
9. CONTRACT MONITORING. The Colorado Department of Local Affairs, Division of Housing shall
monitor this Contract in accordance with the provisions set forth in Paragraph 21 within the main body
of this Contract.
10. REPORTING SCHEDULE. The Contractor shall provide the following reports to the Department of
Local Affairs, Division of Housing in accordance with the provisions set forth in Paragraph 18 within
the main body of this contract:
A. Financial Reports. One copy of the quarterly Financial Status Report shall be submitted
within 20 calendar days of the end of the calendar quarter. This report must be submitted on
forms provided by the Division of Housing. No requests for payments shall be processed if the
Contractor has not submitted this quarterly report.
B. Narrative Reports. One copy of the quarterly Narrative Performance Report shall be
submitted within 20 calendar days of the end of the calendar quarter. This report may be
submitted on forms provided by the Division of Housing. No requests for payments shall be
Page 3 of 4 Pages
processed if the Contractor has not submitted this quarterly re~.
C. Project Completion Report. Within 30 days after the completion of the Project or the final
draw, whichever is later, the Contractor shall submit 1 copy of the Project Completion Report, 2
copies of the Final Financial Status Report, and 2 copies of the combined Beneficiary Report on
forms provided by the Division of Housing.
D. Project Photographs. At the time of Project Close Out the contractor shall send before and
after photographs of the project.
11. INTEREST. The Contractor shall expend the CDBG funds within 15 days of receipt and shall not earn
interest on the funds prior to expenditure.
G:\DOHCOM\CDBG\FORMS\CONTRACT\waiverSOS-l .doc
Page 4 of 4 Pages
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Unilateral
Amendment # of a of Contract - Grant/Loan/Grant-Loan
Between Colora o epar men of Loca airs an ran ee ame an ress)
State Executed Contract Modifications
A. Modifications to Contract Boilerplate
EXHIBIT C1
Responsible Administrator: Delete old Administrator's name and insert in lieu thereof
new "Responsible Administrator".
B. Modifications to Exhibit A, Scope of Service.
Time of Performance: `Time of Performance is modified by deleting "Date" and inserting
in lieu thereof " Date ".
Remit Address: Delete current "Remit Address" and in insert in lieu thereof new "Remit
Address".
Payment Schedule: Delete current "Payment Schedule" and insert in lieu thereof new
"Payment Schedule".
All of the terms and conditions of the Original Contract remain unchanged except for those
terms and conditions modified by this Amendment # and all previous
amendments. Both parties also expressly understan a es men ment # is
incorporated into the Original Contract.
Department of Local Affairs
re-approve orm on rac eveewer o roo s, xecu eve erector
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not
valid until the State Controller, or such assistant as he may delegate, has signed it. The
contractor is not authorized to be in performance until the contract es signed and dated below. If
performance begins prior to the dgate below, the State of Colorado may not be obligated to pay for
the goods and/or services provided.
STATE CONTROLLER:
Arthur L. Barnhart
By
ose arse u en, on ro er
Department of Local Affairs
Date:
Contract Routing #
Encumbranoe #
Vendor #
(for Remit Address)
APPR GBL
CFDA# 14.228
Page 1 of 2
. ^ ~.,
Amendment #
A. Modifications to Contract Boilerplate
•
Contract Routlng #
Encumbrance #
Vendor #
(for Remit Address)
APPR GBL
CFDA# 14.228
EXHIBIT C2
Compensation and Method of Payment:
"Compensation and Method of Payment" in the Original Contract is modified by deleting "
Amount "and inserting in lieu there of " Amount ".
Responsible Administrator: Delete old Administrator's name and insert in lieu thereof new
"Responsible Administrator".
Compliance with Applicable Laws: Paragraph #20, "Compliance with Applicable Laws" in
the Original Contract is modified as follows: Include existing language "is revised to read"
and the revised language.
B. Modifications to Exhibit A, Scope of Services.
Project Description, Objectives and Requirements: "Project Description, Objectives, and
Requirements, Subsection A." is modified as follows: Include existing language "rs revised to
read" and the revised language.
National Objective: "National Objective" is modified by deleting current National Objective
and inserting new National Objective.
Time of Performance: 'Time of Performance" is modified by deleting cunent Date and
inserting new Date .
Budget: "Budget" is modified by deleting the current Budget and inserting new Budget.
Remit Address: "Remit Address" is modified by deleting the current Remit Address and
inserting new Remit Address.
Payment Schedule: "Payment Schedule" is modified by deleting current Payment Schedule
and inserting new Payment Schedule.
Contract Monitoring: "Contract Monitoring" is modified by deleting current Contract
Monitoring and inserting new Contract Monitoring.
Repporting Schedule: "Reporting Schedule is mod~ed by deleting current Reporting
Schedule and inserting new Reporting Schedule.
All of the terms and conditions of the Original Contract remain unchanged except for those
terms and conditions modified by this Amendment # and all previous amendments. Both
parties also expressly understand that this Amendme~n # . is incorporated into the Original
Contract.
Page 1 of 2
State and Contractor Executed Modifications
~ ', .I
CONTRACTOR:
Legal Name of Contracting Entity
Social Security Number or FEIN
Signature of Authorized Officer
Print Name & Title of Authorized Officer
CORPORATIONS:
(A corporate seal or attestation is required.)
STATE OF COLORADO:
BILL OWENS, GOVERNOR
By
Bob Brooks, Executive Director
Department of Local Affairs
PRE-APPROVED FORM CONTRACT REVIEWER:
Attest (Seal) By
(Corporate Secretary or Equivalent, or Town/City/County Clerk)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid
until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not
authorized to begin performance until the contract is signed and dated below. If performance begins prior
to the date below, the State of Colorado may not be obligated to pay for the goods and / or services
provided.
STATE CONTROLLER:
Arthur L. Barnhart
By
Rose Marie Auten, Controller
Department of Local Affairs
Date
Page 2 of 2
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0
MEMORANDUM
DATE: March 13, 2003
TO: Lucy Grewe
---~.
1~
FROM: David Carter ~
RE: Contract with State of Colorado Providing Community Development Block Grant
funding for the Acquisition of the Golden Eagle Apartments
I have attached afully-executed original of the above-noted contract for the County Attorney's
Office records.
Attachment
cc w/attachment: Walt Mathews