HomeMy WebLinkAboutC05-096 IGA Garfield County Housing Authority
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INTERGOVERNMENTAL AGREEMENT FOR THE PURCHASE OF
ADMINISTRA TIVE SERVICES IN CONNECTION WITH THE
HOUSING VOUCHER ASSISTANCE PAYMENTS PROGRAM
THIS AGREEMENT is made and entered into by and between Garfield County Housing
Authority (GCHA) and the County of Eaglel State of Colorado by and through its Board of County
Commissioners ("Eagle County") this t~ day 2004.
WITNESSETH
WHEREAS, Eagle County and GCHA desire to cooperate, on behalf of the State of Colorado, to
provide improved living conditions for low-income families; and
WHEREAS, GCHA is a duly formed housing authority and political subdivision of the State of
Colorado, organized and existing under Section 29-4-501, e( ~., C.R.S.; and
WHEREAS, GCHA is authorized to administer in Garfield County on behalf of the Department
of Housing and Urban Development, the Section 8 Housing Choice Voucher Program, hereinafter referred
to as the "Program", pursuant to Section 8 of the United States Housing Act of 1937, as amended by the
Housing and Community Development Act of 1974, hereinafter referred to as the "Act"; and
WHEREAS, Eagle County applied for and is now authorized to administer in Eagle County, on
behalf of the State of Colorado, the Program pursuant to Section 8 of the Act, in accordance with the
contract dated ~ -<1-03 ; and
WHEREAS, Eagle County desires to purchase from GCHA administrative services to assist
Eagle County in providing service to qualified participants in the Section 8 Program who are residents of
Eagle County, Colorado; and
WHEREAS, GCHA is willing to provide such services to Eagle County in consideration of the
mutual covenants contained herein; and
WHEREAS, GCHA and Eagle County currently cooperate in providing Section 8 Rental
Assistance for Eagle County residents; and
WHEREAS, GCHA and Eagle County agree to continue to provide such assistance to those
residents of Eagle County who currently receive Section 8 assistance from GCHA pursuant to the terms of
Eagle County Resolution No. 92-218; and
WHEREAS, this agreement is authorized pursuant to the provisions of Section 29-1-201, ~. ~.
c.R.S.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained
herein, to be kept and performed by the parties, the parties hereto covenant and agree as follows:
A. Scope of Services.
1. Garfield County Housing Authority will provide administrative services to Eagle County
for administration of the Housing Voucher Assistance Payments Program pursuant to
Section 8 of the United States Housing Act of 1937, as amended by the Housing and
Community Development Act of 1974 and the Family Self Sufficiency program.
" GCHA shall at all times comply with the requirements of the Program in providing
L.. services under this agreement.
3. GCHA is solely responsible for the conduct of individuals employed by it and under its
direct supervision and control in executing its obligations under this agreement.
4. GCHA agrees to indemnify, defend and hold harmless Eagle County, its respective
agents, affiliates, officers, directors, servants and employees of Eagle County from any loss, cost, damage,
inj ury, liability, claims, liens, demands, actions or causes of action, whatsoever, arising out of or related to
negligent acts, errors or omissions or that of its employees, consultants, etc., whether contractual or
otherwise.
5. GCHA shall provide such services and maintain such records in accordance with the
Colorado Division of Housing administrative plan and other Division of Housing instructions.
B. Compensation.
6. The services to be provided by GCHA in accordance with Paragraph I, above, shall be
provided on an as needed basis. Eagle County will compensate GCHA by providing to it all the
administrative fees it receives from the Colorado Department of Local Affairs for the Section 8 program.
This constitutes the total compensation to be received by GCHA. Eagle County will provide payments to
GCHA on a mutually agreeable basis.
7. Eagle County has not appropriated any funds for the administration of the Section 8
Program and the Family Self Sufficiency Program; therefore, payments and reimbursement by Eagle
County cannot exceed and are expressly contingent upon the by the State of Colorado to Eagle
County pursuant to its Section 8 Contract, dated
C. Joint Obligations and Procedures.
8. In connection with the provision of services by GCHA, qualified residents of Eagle
County, Colorado, shall apply directly to GCHA for rental assistance under the Section 8 Program and
GCHA agrees to process all applications and to conduct such other requisite services as are necessary for
compliance with the requirements of the Program. GCHA agrees to provide services and afford preference
status to residents of Eagle County in accordance with the Colorado Division of Housing Administrative
Plan.
9. Eagle County will receive the funds identified as administrative fees in its agreement
with the Department of Local Affairs, Division of Housing, State of Colorado, dated
b - (1 - 0 ~~
10. The parties shall maintain such records as are necessary for compliance with the
requirements of the Program.
11. GCHA will provide Eagle County a monthly summary of activity involving the Section 8
program in Eagle County. The parties further agree to provide each other with all pertinent information
available to the extent that such intonnation is relevant and necessary to the performance of obligations
under this agreement.
12. Information provided by the parties to each other pursuant to this agreement shall be used
only for the purposes intended and as otherwise required by law.
13. From the date referenced above, qualified residents of Eagle County shall receive Section
8 Rental assistance from the Vouchers provided to Eagle County from the Program.
D. Tenn.
14. The term of this contract shall commence as of January 1,2004 and shall continue
through December 31, 2005.
15. The parties specifically reserve their right to terminate this agreement with or without
cause upon sixty (60) days prior notice in writing to the other party.
E. Miscellaneous.
16. This agreement may be amended in whole or in part only by written agreement executed
by the parties.
17. All agreements and covenants herein are severable, and in the event that a court of
competent jurisdiction shall hold any of them invalid, this agreement shall be interpreted as if such invalid
agreement or covenant were not contained herein.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first
referenced above.
COUNTY OF EAGLE, STATE OF COLORADO,
and Through Its
A , COUNTY COMMISSIONERS
of County Commissioners
ATTEST: Garfield County Housing Authority
By and Through Its
BOARD of COMMISSIONERS
Geneva Powell, Secretary
e
GARFIELD COUNTY HOUSING AUTHORITY G:r
2128 Railroad Avenue Rifle, CO 81650
Phone (970) 625-3589 or (970) 945-0779 Fax (970) 625.0859 (O\lil~ IfOt,ISJffll
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RECEIV'EO
DEe 2 7 2004
EAGLE COUNTY
HOUSING DEPARTMENT
December 22,2004
KT Gazunis
Eagle County Housing Department
P.O. Box 850
Eagle, CO 81631
Dear KT:
Enclosed are three copies of the Intergovernmental Agreement between our two agencies
for Section 8 administrative services for 2004 and 2005. We do not have a copy of the
2004 agreement in our files so I have written these to cover both years. We will need
them for our auditor.
Please fill in the dates on page I and 2, sign them on page 3 and return two copies to our
office. Please keep the third copy for your records. Let me know if you have any
questions.
We look forward to continuing to work with you and your staff.
Sincerely,
~ ! (~ '/
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Janet Statler -;,:.' ,;-_:--\,'~ ~ "
Administrative Assistant - ..'"',:~ .'-,^-~ )
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INTERGOVERNMENT AL AGREEMENT FOR THE PURCHASE OF
ADMINISTRA TIVE SERVICES IN CONNECTION WITH THE
HOUSING VOUCHER ASSISTANCE PAYMENTS PROGRAM
THIS AGREEMENT is made and entered into by and between Garfield County Housing
Authority (GCHA) and the County of Eagle, State of Colorado by and through its Board of County
Commissioners ("Eagle County") this ~ day 2004.
WITNESSETH
WHEREAS, Eagle County and GCHA desire to cooperate, on behalf of the State of Colorado, to
provide improved living conditions for low-income families; and
WHEREAS, GCHA is a duly formed housing authority and political subdivision of the State of
Colorado, organized and existing under Section 29-4-501, et~ ~., c.R.S.; and
WHEREAS, GCHA is authorized to administer in Garfield County on behalf of the Department
of Housing and Urban Development, the Section 8 Housing Choice Voucher Program, hereinafter referred
to as the "Program", pursuant to Section 8 of the United States Housing Act of 1937, as amended by the
Housing and Community Development Act of 1974, hereinafter referred to as the "Act"; and
WHEREAS, Eagle County applied for and is now authorized to administer in Eagle County, on
behalf of the State the Program pursuant to Section 8 of the Act, in accordance with the
contract dated . and
WHEREAS, Eagle County desires to purchase from GCHA administrative services to assist
Eagle County in providing service to qualified participants in the Section 8 Program who are residents of
Eagle County, Colorado; and
WHEREAS, GCHA is willing to provide such services to Eagle County in consideration of the
mutual covenants contained herein; and
WHEREAS, GCHA and Eagle County currently cooperate in providing Section 8 Rental
Assistance for Eagle County residents; and
WHEREAS, GCHA and Eagle County agree to continue to provide such assistance to those
residents of Eagle County who currently receive Section 8 assistance from GCHA pursuant to the tenns of
Eagle County Resolution No. 92-218; and
WHEREAS, this agreement is authorized pursuant to the provisions of Section 29-1-201, ~. ~.
C.R.S.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained
herein, to be kept and perfonned by the parties, the parties hereto covenant and agree as follows:
A. Scope of Services.
1. Garfield County Housing Authority will provide administrative services to Eagle County
for administration of the Housing Voucher Assistance Payments Program pursuant to
Section 8 of the United States Housing Act of 1937, as amended by the Housing and
Community Development Act of 1974 and the Family Self Sufficiency program.
2. GCHA shall at all times comply with the requirements of the Program in providing
services under this agreement.
3. GCHA is solely responsible for the conduct of individuals employed by it and under its
direct supervision and control in executing its obligations under this agreement.
4. GCHA agrees to indemnifY, defend and hold harmless Eagle County, its respective
agents, affiliates, officers, directors, servants and employees of Eagle County from any loss, cost, damage,
injury, liability, claims, liens, demands, actions or causes of action, whatsoever, arising out of or related to
negligent acts, errors or omissions or that of its employees, consultants, etc., whether contractual or
otherwise.
5. GCHA shall provide such services and maintain such records in accordance with the
Colorado Division of Housing administrative plan and other Division of Housing instructions.
B. Compensation.
6. The services to be provided by GCHA in accordance with Paragraph I, above, shall be
provided on an as needed basis. Eagle County will compensate GCHA by providing to it all the
administrative fees it receives from the Colorado Department of Local Affairs for the Section 8 program.
This constitutes the total compensation to be received by GCHA. Eagle County will provide payments to
GCHA on a mutually agreeable basis.
7. Eagle County has not appropriated any funds for the administration of the Section 8
Program and the Family Self Sufficiency Program; therefore, payments and reimbursement by Eagle
County cannot exceed and are expressly contingent upon the by the State of Colorado to Eagle
County pursuant to its Section 8 Contract, dated c, c_
C. Joint Obligations and Procedures.
8. In connection with the provision of services by GCHA, qualified residents of Eagle
County, Colorado, shall apply directly to GCHA for rental assistance under the Section 8 Program and
GCHA agrees to process all applications and to conduct such other requisite services as are necessary for
compliance with the requirements of the Program. GCHA agrees to provide services and afford preference
status to residents of Eagle County in accordance with the Colorado Division of Housing Administrative
Plan.
9. Eagle County wiII receive the funds identified as administrative fees in its agreement
with the Department of Local Affairs, Division of Housing, State of Colorado, dated
10. The parties shall maintain such records as are necessary for compliance with the
requirements of the Program.
II. GCHA will provide Eagle County a monthly summary of activity involving the Section 8
program in Eagle County. The parties further agree to provide each other with all pertinent information
available to the extent that such information is relevant and necessary to the performance of obligations
under this agreement.
12c Information provided by the parties to each other pursuant to this agreement shall be used
only for the purposes intended and as otherwise required by law.
13. From the date referenced above, qualified residents of Eagle County shall receive Section
8 Rental assistance from the Vouchers provided to Eagle County from the Program.
D. Tenn.
14. The term of this contract shall commence as of January 1,2004 and shall continue
through December 31, 2005.
15. The parties specifically reserve their right to terminate this agreement with or without
cause upon sixty (60) days prior notice in writing to the other party.
E. Miscellaneous.
16. This agreement may be amended in whole or in part only by written agreement executed
by the parties.
17. All agreements and covenants herein are severable, and in the event that a court of
competent jurisdiction shall hold any of them invalid, this agreement shall be interpreted as if such invalid
agreement or covenant were not contained herein.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first
referenced above.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
Clerk to the Board of the Board
of County Commissioners
ATTEST: Garfield County Housing Authority
By and Through Its
BOARD of COMMISSIONERS
/0 (
," " ~
CONTRACT ROUTING NUMBER
00011
VENDOR #
CFDA NUMBER
14.871
-"
SECTION 8 HOUSING CHOICE VOUCHER PROGRAM CONTRACT
THIS CONTRACT, made 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 EaQle, 500 Broadway, P.O. Box 850, EaQle, 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. HCOO,
GBl VA19, Contract Encumbranc,e Number H4SE80417; 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 CFR 982, the United States Housing Act of 1937, as amended by the
Housing and Community Development Act of 1987 and Quality Housing Work Responsibility Act of 1998, 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 an Annual Contributions Contract (ACC) from HUD to cover Housing Assistance Payments, hereinafter
referred to as the Payments, and other allowable expenses under the Program; and
WHEREAS, the aforesaid application having been accepted by HUD and an Annual Contributions Contract, hereinafter referred to
as the ACe, having been entered into by and between HUD and the State 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. 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 1. a. through 1. s. The Contractor shall faithfully and promptly perform the "Scope of Services" in full compliance with the
requirements of the State the Act, 24 CFR 982 regulations promulgated hereunder 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. HousinQ 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 and Expanding Housing Opportunities
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 7. a. and 7. b. hereof shall be
subject to the prior approval of the State. Further, the Contractor shall provide the State with a statement ofthe methods of publication used
395-53-01-1014 Page 1 of 9 Pages
find COpiolS of all published notices <lnc 1formation within 45 days after publicatior
d. Affirmatively Furtherina Fair Housina: The Contractor shall affirmatively further fair housing in addition to conducting
and administering its program in corformity with the equal housing opportunity requirements of Title VI of the 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. Eliaibility 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. Waitina List: In tr:e event that there are more eligible applicants than can be assigned, the Cont.'actor 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 Ineliaibilitv: In the event that an applicant is determined to be ineligible, the Contractor shall so notify the
applicant by written correspondence stating the reasons for ineligibility and advising that the applicant may request, within a reasonable
period of time, which shall be stated in the correspondence, 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. The Contractor shall also provide a briefing package to the family, which will outline
their responsibilities, and those of the owner. This may be done either by 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 requestfor
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
thatthe 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 a II proposed I eases 0 f units under the Program. Such leases shall conform to all applicable HUD
requirements.
In the event that the inspection required in section 1. 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 re-inspect 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 re-
inspection 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 re-inspection.
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 offamilies, 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
395-53-01-1014 Page 2 of 9 Pages
;:md eonvJrmations of continued occup, be submitted to the State in such manr at such times as shall be required by the
Sta~e. Should the owner of any rental unll to make any necessary repairs, the Contractur 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 24 CFR 982.405 and 982.406.
o. Annual Re-certification: 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. Utilitv 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 calculate the appropriate adjustments thereto. The Contractor shall review and document,
at a minimum, on an quarterly basis the rental market to determine if requested rents are reasonable to the current market.
q. Eviction Review: The Contractor may examine notices of a proposed eviction by the owner to the family, if requested by
a family. During the term of the lease the owner may only e'lict the tenant from the unit by instituting court action.
r. Reports: 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.
s. Special Population Proarams: The State often applies for Section 8 Housing Choice Vouchers that serve special
populations. The Contractor will comply with all requirements set forth in HUD's Federal register Notice of Funds Available (NOFA) grant
publication.
2. RESPONSIBLE ADMINISTRATOR. The performance of the services required hereunder shall be under the direct supervision of
David Carter an employee or agent of the Contractor, who is hereby designated as the Responsible Administrator of the 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 Unilateral Contract Amendment to this contract
initiated by the State set forth in paragraph 17. 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. 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. 2006; 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 unilateral/bilateral contract amendment, as set forth in the attached Exhibit A 1 or Exhibit A2.
4. SERVICE AREA AND NUMBER OF VOUCHERS. The Contractor's authority and responsibilities shall be limited to existing
housing located within the geographical boundaries of the Countv of Eaale, Colorado. The Contractor shall cause to be issued Ten (10)
Vouchers.
5. ADMINISTRATIVE REQUIREMENTS. These funds will be administered in accordance with the requirements ofthis contract, the
Department of Housing and Urban Development (HUD) Annual Contributions Contract (ACe), 24 CFR 982, the United State Housing Act of
1937, as amended and the Quality Housing Work Responsibility Act of 1998. The Contractor will also comply with the administration
requirements set forth in the most recent Division of Housing Agency and Administration Plan.
6. 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.
The Contractor shall earn forty percent (40%) of the administrative fee for each portable unit in which the State has to bill another Housing
Authority. The State will earn forty percent (40%) of the administrative fee and the Housing Authority from which the portable voucher was
sent shall earn twenty percent (20%) of the administrative fee.
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 Fifteen Thousand Two Hundred Sixty One Dollars. and NO/100 ($15,261.00) 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.
395-53-01-1014 Page 3 of 9 Pages
7. REMITTANCE ADDRESS
EaQle County
P.O. Box 179
EaQle. CO 81631
8. 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-,J52) and regulations pursuant thereto (Title 24 CFR
Part II IJIhich states that no person in the United States shall, on the grounds of race, GOIOr, or national origin, be excluded from participation
in, be denied the benefits of or be otherwise subjected to discrimination under any ,>rogram 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. They will comply with 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 use 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.
9. STATE CONSOLIDATED PLAN. The Contractor shall consult its local or State Consolidated Plan to identify its communities
housing needs and the needs of low-income persons, which reside in their community. The Contractor will undertake action to meet the
housing needs of their community.
10. 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.
11. AUDIT.
a) Discretionarv 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 of the final payment for this Project, provided that the
audit is performed during normal business hours.
b) Mandatorv Audit. Whether or not the State or Federal government 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, CRS. 1973, 29-1-
395-53-01-1014 Page 4 of 9 Pages
1)01 , ~ ~ and the Single Audit Act of ub. L. 98-502, Pub. L. 104-156, and Feden t 3tate implementing rules and regulations.
Suc~ audit reports shall be simultaneouslY submitted to the Department and the State Audnor. Thereafter, the Contractor shall supply the
Department with copies of all correspondence from any auditor related to the relevant audits. If the audit reveals evidence of non-
compliance with applicable requirements, the Department reserves the right to institute compliance or othHr appropriate proceedings
notwithstanding any other judicial or administrative actions filed pursuant to C.R.S. 1973,29-1-607 or 29-1-608.
c) Mandatorv Audit for Nonprofit OrQanizations. Whether or not the State calls for a discretionary audit as provided
above, the Contractor shall include the Project in its annual audit report when the Federal grant threshold of $300,000 or more in
expenditures in Federal funds is reached by the agency in a single year (OMS Circular A-133, Single Audit Act Amendments of 1996). Such
audit reports shall be submitted to the Division of Housing. Thereafter, the Contractor shall supply the Division of Housing with copies of all
correspondence from auditors related to the relevant audit report.
12. MONITORING AND EVALUATION. The State will monitor and evaluate the Contractor for compliance with the terms of this
contract, and the rules, regulations, requirements and guidelines which the State has promulgated or may promulgate and will be monitored
at least annually during the opHration of the program. The Contractor will also be subject to monitoring '..md evaluation by the U.S.
Department of Housing and UrlJan Development. The State reserves the right to withhold any and all administr0tve fees if the Contractor is
not in compliance with the program rules regulations and requirements.
13. PERSONNEL. The Contractor shall perform its duties hereunder as a Contractor and not as an employee. Neither the Contractor
nor any agent or employee of the Contractor shall be deemed to be an agent or employee of the State. Contractor shall pay when due all
required employment taxes and income tax withholding, 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 ofthe
Contractor, its employees and agents.
The Contractor is responsible for providing Workman's Compensation Coverage and Unemployment 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
Workman'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.
14. 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.
15 CONFLICT OF INTEREST. No employee or official of the State, no member of the governing body of the locality identified in
Paragraph 2. hereof, and no other public official of such locality who exercises 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.
16. CONTRACT TERMINATION. The contract may be terminated as follows:
a) Termination Due to Loss of FundinQ. 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. In the event that
such funds or any part thereof are not received by the State, the State may immediately terminate 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 ofthis 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 effeotive date of such termination. In that event, all finished or
unfinished documents, data, files 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 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. In that event, all finished or unfinished documents and other materials as described in
Paragraph 16 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 16. hereof relative to termination shall apply.
395-53-01-1014 Page 5 of 9 Pages
1" MODIFICATION AND AMENt
< I -
a) Modification bv Operation of Law. This Contract is subject to such modifications as may be necessitated by changes in
Federal or State law or requirements. 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 of the Amendment by the State Controller's designee and without the signature of the Contractor
i) Paragraph 1 of the Contract, Time of Performance;
ii) Paragraph 2 of the Contract, Responsible Administrator;
iii) Paragraph 3 of the Contract Service Area and Number Vouchers;
iv) Paragraph 6 of the Contract, Remittance Address.
Contractor must submit a written request to the Department if modifications are required. Amendments to this Contract for the provisions
outlined in this Paragraph 17 b. i) through iv): Time of Performance, Responsible Administrator, Service Area and Number of Vouchers,
and Remittance Address can be executed by the State (Exhibit A 1).
c) Bilateral Amendment. In the following circumstances, modifications 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) When the scope, or the objective of the Project changes within the statutory authority of the Housing Choice
Voucher program, as determined by the Department;
ii) When additional or less Housing Choice Voucher funding is approved by the Department, or other funding is
decreased and Paragraph 5 of the Administrative Fee changes;
iii) When there are additional Federal statutory or regulatory compliance changes to the Original Contract or
subsequent amendments.
Such Bilateral Amendment may also incorporate any modifications allowed to be made by Unilateral Amendment as set forth in
subparagraph 17 b) of this paragraph.
Upon proper execution and approval, such Amendment (Exhibit A2) 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 Controller. All other modifications to this
Contract must be accomplished through amendment to the contract pursuant to State fiscal rules, Federal rules and regulations and in
accordance with subparagraph 17 d).
d) Other Modifications. If either the State or the Contractor desires to modify the terms of this Contract other than as set forth in
subparagraphs b) and 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 or 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 17 b) or 17 c) of this paragraph.
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. No subcontract or transfer of the contract shall in any case release the Contractor of responsibilities
under this contract.
19. 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.
20. 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.
21. CHANGES. The State may, from time to time, require changes in the scope of services, unit distribution and project numbers of
395-53-01-1014 Page 6 of 9 Pages
,he Con~ract to be performed hereunde :wer, this Contract is intended as the compl agration of all understandings between the
p"rties, at this time, and no prior or co! Irernporaneous addition, deletion, or other amendment hereto shall have any force or effect,
W'latsoever, unless embodied in a written contract amendment incorporating slIch changes, including any increase or decrease in the
ar nount of monies to be paid to the Contractor, executed and approved pursuant to the State's Fiscal Rules.
22. SEVERABILITY, To the extent that this Contract may be executed and performance of the obligations of the parties may be
ac"omplished within the intent of the Contract, the terms of this Contract are sever ~ble, 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.
23. 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) Scope of Services
Revised: 09/17/02
395-53-01-]014 Page 7 of 9 Pages
kf~ECIAL PROVISI01,
(For Use Only with Inter-Governmental Contracts)
1. CONTROLLER'S APPRO V AL. CRS 24-30-202 (1)
This contract shaH not be deemed valid until it has been approved by the ControHer 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 year are contingent upon
funds for th<lt purpose being appropriated, budgeted, and otherwise made available.
3. INDEMNiFICATION.
Indemnity: The contractor shaH indenmify, save, and hold harmless the State against any and aH 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.
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 BENEFITS 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 AGREEMENTS, 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-DISCRIMINATION.
The contractor agrees to comply with the letter and the spirit of aH 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 shaH 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 shaH be considered nuH
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 shaH be valid or enforceable or available in any
action at law whether by way of complaint, defense, or otherwise. Any provision rendered nuH 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 aH times during the performance of this contract, the Contractor shall strictly adhere to aH 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 knowledge, 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
I [- . F ---------l
3rECIAL PROVISIOl ~S I
--"
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
B~LOWZ
Eagle County By ~-~~
Legal Name of Contracting Entity Bob Brooks, Executive Director
_._~ Department of Local Affairs
PRE-APPROVED FORM CONTRACT
REVIEWER ,,/
/ )
Michael L. Gallagher, Chairman By/-~;~l2//I!;b =:_~
Print Name & Title of Authorized Officer /7 '.. ~/
/// --~
CORPORATIONS:
(A corporate seal or attestation is required.)
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 I or
services provided.
STATE CONTROLLER:
Arthur L. Barnhart
Date ~/9/0:3
I I
EXHIBIT A 1
Contract Routing #
Encumbrance #
Vendor #
(for Remit Address)
APPR. GBL.
CFDA# 14.871
Unilateral Amendment #_ of the Section 8 Housing Choice Voucher Program Grant
Between Colorado Department of Local Affairs an!I (Grantee Name and Address)
State Executed Contract Modification
Modifications to Contract Boilerplate
Time of Performance: is modified by deleting "Date" and inserting in lieu thereof "Date."
Responsible Administrator: is modified by deleting the old "Administrator's name and substitute the new
Administrator.
Service Area and Number of Vouchers: is modified by deleting "service area" and inserting in'lieu thereof
"service area." The number of vouchers is modified by deleting "number" and inserting in lieu thereof the modified
"number. "
Remit Address: is modified by deleting the current Remit Address and substitute new address.
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
Amendment # is incorporated into the Original Contract,
Reviewed By: Department of Local Affairs
(Pre-approved Form Contract Reviewer) Bob Brooks, 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 Marie Auten, Controller
Department of Local Affairs
Date
EXHIBIT A 2
Contract Routing #
Encumbranc~ #
Vendor #
(for Remit Address)
APPR. GBL.
CFDA# 14.871
Bilateral Amehdment # _ of the Section 8 Housing Choice Voucher Program Grant
Between Colorado Department of Local Affairs and (Grantee Name and Address)
State and Contractor Executed Modification
Modifications to Contract Boilerplate.
Project Description and Scope of Services: is modified inserting existing language and then inserting the
statement "is revised to read" will then insert the revised language.
Administrative Fees: is modified by deleting "Fee Amount" and inserting in lieu thereof "Fee Amount." modifY
"Administrative Fees" in the Original Contract.
Federal Statutory or Regulatory Compliance: is modified by inserting the additional federal statutory or
regulatory compliance changes to the Original Contract or subsequent amendments.
All of the terms and conditions of the Original Contract remain unchanged except for those terms and conditions modified byt
this Amendment # and all previous amendments. Both parties also expressly understand that this
Amendment # is incorporated into the Original Contract.
THE PARTIES HERETO HAVE EXECUTED TillS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BILL OWENS, GOVERNOR
By
Legal Name of Contracting Entity Bob Brooks, Executive Director
Department of Local Affairs
Social Security Number or FEIN
PRE-APPROVED FOR1\1 CONTRACT REVIEWER:
Signature of Authorized Officer
By
Department of Local Affairs
Print Name & Title of Authorized Officer
CORPORATIONS:
(A corporate seal or attestation is required.)
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 Mfairs
Date
