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HomeMy WebLinkAboutC06-212 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 Eagle, 500 Broadway, P.O. Box 850, Eagle, CO 81631, hereinafter referred to as the Contractor. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund No. 157, Appropriation Code 148 and 149, Org. No..!:!YtQ, GBL VADM, Contract Encumbrance Number H7SE80717; 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 ACC, 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 has been advised and agrees that the State periodically reviews and amends its contract forms and will submit a substitute contract form to Contractor within one year of the approval of this contract, 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. Housing Assistance Outreach: The Contractor shall cause to be published and disseminated to the general public and interested parties appropriate information concerning the availability and nature of the housing assistance provided under the Program. Such information shall conform to the programs specified in the State's Equal Housing Opportunity 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 of the methods of publication used 395-53-01 1014 Page 1 of 9 Pages and copies of all published notices and other information within 45 days after publication. d. Affirmatively Furthering Fair Housing: The Contractor shall affirmatively further fair housing in addition to conducting and administering its program in conformity 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. Eligibility Approval: The Contractor shall receive and review applications for eligibility. The Contractor shall determine eligibility of applicants and shall notify those applicants found to be eligible. The State reserves the right to review any or all applications and to disapprove the eligibility of applicants to receive payments in accordance with applicable regulations and such schedules and criteria as may be established by HUD and the State. g. Waiting List: In the event that there are more eligible applicants than can be assigned, the Contractor shall maintain a waiting list, notifying those in writing that they have been placed on the waiting list and indicating the approximate date upon which Vouchers might be issued, if such date can be reasonably determined. Should the Contractor determine that the waiting list is such that there is no reasonable prospect that additional Vouchers could be issued within the ensuing year, the Contractor shall, through publication in a newspaper of general circulation as well as through minority media and other suitable means, publish notice of the suspension of taking further applications. Such suspension shall be effective as of the date stated in such notice. h. Notification of Ineligibility: In the event that an applicant is determined to be ineligible, the Contractor shall 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 request for an extension. The Contractor shall review with the family the efforts it has made to find a suitable dwelling unit and the problems it has encountered and shall determine what advice or assistance might be helpful. If the Contractor believes that there is a reasonable possibility that the family may, with the additional advice or assistance, if any, find a suitable unit the Contractor may grant one or more extensions not to exceed a total of 60 days. Expiration of a Voucher shall not preclude the family from filing a new application for another Voucher. k. Inspection and Lease Approval: At such time as a family shall have selected a unit for rental and submitted to the Contractor a Request for Tenancy Approval and a copy of the proposed lease, the Contractor shall (1) determine whether the type of housing selected can be approved and whether the proposed rent is reasonable and is within applicable HUD regulations pertaining to limitations on rents; (2) inspect the proposed rental unit for compliance with Housing Quality Standards (HQS) as set forth in the Act; and (3) review as to form and content all proposed leases of units under the Program. Such leases shall conform to all applicable HUD requirements. In the event that the inspection required 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 of families, the Contractor shall make such appropriate determinations of rental contributions required of participating families as may be requisite. m. Reauisition 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 and confirmations of continued occupancy shall be submitted to the State in such manner and at such times as shall be required by the State. Should the owner of any rental unit fail to make any necessary repairs, the Contractor shall abate the rental subsidy and inform the State of such abatement in writing. If the owner of the rental unit still fails to make the necessary repairs, then the HAP contract will be terminated pursuant to 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. Utility Allowance Schedule and Rent Reasonableness: The Contractor shall on an annual basis review and report to the State its recommendation of the reasonableness of utility allowances. Should changes in utility rates or other circumstances necessitate changes in such allowances, the Contractor shall 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 evict 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 ProQrams: 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 (NOF A) grant publication. 2. RESPONSIBLE ADMINISTRATOR. The performance of the services required hereunder shall be under the direct supervision of K.T. Gazunis 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: CONTRACT SUBSTITUTION. This Contract shall become effective upon the date of proper execution of this Contract by the state Controller or designee and shall continue for a period of one year. Grant award letters and any amendments to the award letters for each specific grant will identify the performance period for that grant. The parties agree that the State will submit a substitute contract form to the Contractor during the one-year period following the approval of this Contract. For grants awarded prior to the one-year expiration of this Contract, the terms of this contract shall continue to apply until completion of the grant award, or until termination of the award pursuant to the Contract and Grant Award terms. 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 County of EaQle, Colorado. The Contractor shall cause to be issued Nine (9) Vouchers. 5. ADMINISTRATIVE REQUIREMENTS. These funds will be administered in accordance with the requirements of this contract, the Department of Housing and Urban Development (HUD) Annual Contributions Contract (ACC), 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 Nineteen Thousand One Hundred Fifty Two Dollars, and NO/100 ($19,152.00) 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. 7. REMITTANCE ADDRESS 395-53 01-1014 Page 3 of 9 Pages EaQle County P.O. Box 850 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 ofthe Civil Rights Act of 1964 (P.L. 88-352) and regulations pursuant thereto (Title 24 CFR Part I) which states that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination under any program or activity for which the applicant receives financial assistance; and will immediately take any measures necessary to effectuate this agreement. With reference to the real property and structure(s) thereon which are provided or improved with the aid of Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer of property, the transferee, for the period during which the real property and structure(s) are used for a purpose involving the provision of similar services or benefits. b. They will comply with Title VIII of the Civil rights Act of 1968 as amended, which prohibits discrimination in housing on the basis of race, color, sex, religion, creed, national or ethnic origin, familial status, handicap or disability relating to housing and related facilities provided with Federal financial assistance. c. 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 USC 6101), as amended, providing that no person shall be excluded from participation, denied program benefits or subjected to discrimination on the basis of age under any program or activity receiving Federal funds. f. They will comply with the Americans with Disabilities Act Provisions of 1990 (Title 28 CFR) which assures that at all times during the performance of this contract that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in, or denied to benefits of service, programs, or activities or be subjected to any discrimination upon which assurance the state relies. g. They will comply with establishing the criteria for the selection of tenants and will not utilize preferences or priorities other than the selection priorities established by the State. 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 orwill 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) 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 ofthe State's choosing, orthe 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) Mandatory 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- 601, g!2gQ and the Single Audit Act of 1996, Pub. L. 98-502, 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 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 other appropriate proceedings notwithstanding any other judicial or administrative actions filed pursuant to C.R.S. 1973,29-1-607 or 29-1-608. 395-53-01-1014 Page 4 of 9 Pages c} Mandatorv Audit for Nonprofit Organizations. 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 operation of the program. The Contractor will also be subject to monitoring and evaluation by the U.S. Department of Housing and Urban Development. The State reserves the right to withhold any and all administrative fees if the Contractor is not in compliance with the program rules regulations and requirements. 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 of the 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 Funding, The parties hereto expressly recognize that the Contractor is to be paid reimbursed, or otherwise compensated with Federal Housing Choice Voucher Program funds provided to the State for the purpose of contracting for the services provided for herein or with program income, and therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the State. 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 effective 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. 17 MODIFICATION AND AMENDMENT. a) Modification by 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. 395-53-01-1014 Page 5 of 9 Pages 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 the Contract to be performed hereunder. However, this Contract is intended as the complete integration of all understandings between the parties, at this time, and no prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect, whatsoever, unless embodied in a written contract amendment incorporating such changes, including any increase or decrease in the amount of monies to be paid to the Contractor, executed and approved pursuant to the State's Fiscal Rules. 22. SEVERABILITY. To the extent that this Contract may be executed and performance of the obligations of the parties may be 395-53-01-1014 Page 6 of 9 Pages aocomplislled witllin tile intent of tile Contract, tile terms of tllis Contract are severable, and sllould any term or provision Ilereof be declared invalid or become inoperative for any reason, sucll invalidity or failure sllall not affect tile validity of any otller term or provision Ilereof. Tile waiver of any breacll of a term Ilereof sllall not be construed as waiver of any otller term. 23. ORDER OF PRECEDENCE. In tile event of conflicts or inconsistencies between tllis contract and its exllibits or attacllments, sucll conflicts or inconsistencies sllall be resolved by reference to tile documents in tile following order of priority: a) Colorado Special Provisions b) Contract c) Scope of Services Revised: 09/17/02 395-53-01-1014 Page 7 of 9 Pages I SPECIAL.PROV1SIONS I (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 year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State against any and all claims, damages. liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. 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 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 arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 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. SOFTWARE PIRACY PROHIBITION Governor's Executive Order D 002 00 No State or other pUblic funds payable under this Contract shall be used for the acquisition, operation, or maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies that. for the term of this Contract and any extensions, the Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this Contract, including, without limitation, immediate termination of the Contract and any remedy consistent with United States copyright laws or applicable licensing restrictions. 8. 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. Effective Date: August 1, 2005 Page 8 of 9 Pages I SIGNATU.RE..PAGE I THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: County of Ea!:lle faale ('olAf/itJ 7 Y Legar'Name of Contracting Entity Department of Local Affairs PRE-APPROVED FORM CONTRACT REVIEWER: '-0 IX face LU1VOYJ Print Name & Title 6f Authorized Officer CORPORATIONS: (A corporate attestation is required.) Attest (Seal) By (Corporate Secretary (Place corporate seal here, if available) 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: Leslie M. Shenefelt By Date o ~ I ~ <1 J o<-=, I I Effective Date: August 1, 2005 Page 9 of 9 Pages 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 and (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) Barbara Kirkmeyer, Acting 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: Leslie M. Shenefelt By Rose Marie Auten, Controller Department of Local Affairs Date EXHIBIT A 2 Contract Routing # Encumbrance # Vendor # (for Remit Address) APPR. GBL. CFDA# 14.871 Bilateral Amendment # _ 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 THIS CONTRACT CONTRACTOR: STATE OF COLORADO: BILL OWENS, GOVERNOR By Legal Name of Contracting Entity Barbara Kirkmeyer, Acting Executive Director Department of Local Affairs Social Security Number or FEIN PRE-APPROVED FORM CONTRACT REVIEWER: Signature of Authorized Ot1icer 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 TO\vll/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: Leslie M. Shenefelt By Rose Marie Auten, Controller Department of Local Affairs Date