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Home My WebLink AboutC08-252HCV : H09SE8010 /Eagle County Housing Authority Phase I Waiver #:205 CFDA # See Project Budget v Contract Routing #: O! NAA 00 Encumbrance #: H09SE8010 Account Code(s): 157 -HVOO- 149 -VADM 157 -1-fV00- 149 -VAHO STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS HOUSING CHOICE VOUCHER CONTRACT with Eagle County Housing Authority TABLE OF CONTENTS 1. PARTIES ............................................................................................................................................... ............................... 1 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY .................................................................. ............................... 2 3. RECITALS ............................................................................................................................................. ..............................2 4. DEFINITIONS ...................................................................................................................................... ............................... 2 5. TERM and EARLY TERMINATION .................................................................................................. ............................... 3 6. STATEMENT of WORK ...................................................................................................................... ............................... 3 7. MATCHING FUNDS ........................................................................................................................... ............................... 3 8. CONTRACTOR FINANCIAL MANAGEMENT ................................................................................ ............................... 3 9. PAYMENTS TO CONTRACTOR ....................................................................................................... ............................... 3 10. REPORTING AND NOTIFICATION ................................................................................................ ............................... 4 11. CONTRACTOR RECORDS ............................................................................................................... ............................... 4 12. CONFIDENTIAL INFORMATION -STATE RECORDS .................................................................. ............................... 5 13. CONFLICT OF INTEREST ................................................................................................................ ............................... 6 14. REPRESENTATIONS AND WARRANTIES ................................................................................... ............................... 6 15. INSURANCE ...................................................................................................................................... ............................... 7 16. DEFAULT - BREACH ......................................................................................................................... ............................... 9 17. REMEDIES ......................................................................................................................................... ............................... 9 18. NOTICES and REPRESENTATIVES .............................................................................................. ............................... 11 19. GOVERNMENTAL IMMUNITY .................................................................................................... ............................... 11 20. LEGAL RESIDENT .......................................................................................................................... ............................... 11 21. GENERAL PROVISIONS ................................................................................................................ ............................... 11 22. COLORADO SPECIAL PROVISIONS ........................................................................................... ............................... 14 23. SIGNATURE PAGE ......................................................................................................................... ............................... 16 1. PARTIES THIS CONTRACT is entered into by and between Eagle County Housing Authority ( "Contractor "), and the STATE OF COLORADO (the "State ") acting by and through the Colorado Department of Local Affairs (the "Department ") for the benefit of the Colorado Division of Housing (the "CDOH "). Page I of 16 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This Contract shall not be effective or enforceable until approved and signed by the Colorado State Controller or authorized delegate ( "Effective Date "), but shall be effective and enforceable thereafter in accordance with its provisions. The Department shall not be obligated to pay or reimburse Contractor for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision of this Contract prior to the Effective Date. 3. RECITALS A. Authority, Appropriation, And Approval Authority for this Contract arises from CRS §24 -32 -705 (1)(i). 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 and the required approval, clearance and coordination have been accomplished from and with appropriate agencies. B. Contractor Contractor is an eligible recipient of Program Funds made available by the Program, as defined below, and awarded by this Contract. Contractor is aware of, willing and able to comply with all provisions specific to the Program, as set forth in Exhibit A, and to complete the Project, described in Exhibit B. C. Purpose and Department's Role The Department administers funds for the purpose of improving the quality of rental housing for very low income families in the State. 4. DEFINITIONS The following terms as used herein shall be construed, interpreted, and or referenced as follows: A. Effective Date Effective Date means the date this Contract is effective and enforceable in accordance with §2, above herein. B. Exhibits and Other Attachments Exhibit means the following are attached hereto and incorporated by reference herein: Exhibit A (Applicable Law), Exhibit B (Statement of Work), Exhibit C (Project Performance Plan), Exhibit D (Income & Rent Limit), and Form 1 (Affidavit OF Legal Residency). C. Goods Goods means any physical item produced or manufactured and acquired by Contractor either separately or in conjunction with the Services rendered hereunder that are required by the provisions hereof. D. Program Funds Program Funds means the funds available for distribution by the Department to Contractor for use in connection with the Project, as set forth in the Recitals and Statement of Work sections hereof. E. Party or Parties Party or Parties means one or both of the Department and Contractor. F. Program Program means the federal Section 8 Housing Choice Voucher (HCV) Program, which provides the funding for this Contract. G. Project Project means the activities described in the Recitals and Statement of Work sections hereof. H. Project Budget Project Budget means the Project Budget described in Exhibit B. I. Services Services means services performed or tangible material produced or delivered in completing the Project and in performance of Contractor's other obligations hereunder. J.Termination Date Termination Date means the date this Contract terminates as described in §5(A), below herein. K. Work Product Work Product means software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, Page 2 of 16 including drafts, prepared by Contractor in completing the Project and in performance of Contractor's other obligations hereunder. 5. TERM and EARLY TERMINATION A. Initial Term -Work Commencement The term of this Contract shall commence on the later of the Effective Date or September 1, 2008, and terminate on August 31, 2009, unless terminated earlier as provided below. Contractor's obligations under this Contract shall be undertaken and performed in the sequence and manner set forth in Exhibit B. Performance of this Contract shall commence as soon as practicable after the Effective Date. B. Department's Option to Extend The Department, in its sole discretion and upon written notice to Contractor, may unilaterally extend the term of this Contract for a period of up to three months under the same provisions as the original Contract. This extension shall terminate at the earlier of either the end of the three month period or when a replacement Contract is signed by the Parties and approved by the State Controller or authorized designee. Any other extension of the term of this Contract requires an amendment made in accordance with §21(B), below herein. C. Early Termination This Contract is subject to early termination in accordance with §17(B), §9(B)(iii), and §22(B.2), all set forth below herein. 6. STATEMENT of WORK Contractor shall complete the Project and perform its other obligations as described herein and in Exhibit B. Contractor shall prosecute its obligations hereunder and in Exhibit B with due diligence to completion. The Department, in its sole discretion, but in accordance with limitations imposed by the Office of the State Controller, may change budgetary lines in the Project Budget section of Exhibit B. The Department shall send notice of such changes within 60 days in accordance with § 18, below herein. 7. MATCHING FUNDS This Matching Funds section [check one] ❑ applies to or does not apply ® to this Contract. If applicable: A. Amount Contractor shall provide matching funds as provided in Exhibit B. Contractor shall raise the full amount of matching funds during the term of this Contract and shall report to the Department regarding the status of such funds as required in Exhibit B. B. Breach Contractor's failure to raise matching funds, to keep records, and/or to report may affect its continued participation in the Program under which this Contract operates. In addition, the Department may terminate this Contract under the Termination for Cause subsection of § 17, below herein, if the Department has reasonable evidence that Contractor will be unable to raise such matching funds during the term hereof. 8. CONTRACTOR FINANCIAL MANAGEMENT Contractor shall maintain properly segregated accounts of Program funds, matching funds, and other funds associated with the Project and make those records available to the Department on request. All receipts and expenditures associated with the Project shall be documented in a detailed and specific manner, in accordance with the Project Budget set forth in Exhibit B. 9. PAYMENTS TO CONTRACTOR Contractor shall be paid in the following amounts and manners, subject to return of any unexpended Program Funds: A. Maximum Amount The maximum amount payable under this Contract to Contractor by the Department shall be $5,770, as determined by the Department from available funds. The Department shall reimburse Contractor for costs approved in the Project Budget set forth in Exhibit B. Satisfactory performance under the terms of this Contract shall be a condition precedent to the Department's obligation to reimburse Contractor. The maximum amount of Program Funds payable as reimbursement under this Contract, and any extension hereof, shall include all Contractor's fees, costs and expenses. Page 3 of 16 B. Payment All payments are subject to the §17 of this Contract. i. Method and Time Contractor shall periodically submit invoices to the Department in the form and manner set forth in Exhibit B, and attach timesheets, receipts and other requested documentation in the form and manner approved by the Department. Contractor shall submit request for reimbursements /invoices within 30 days after the end of the period for which payment is requested, and final billings under this Contract shall be received by the Department within 45 days after termination hereof. Untimely requests for payment may be accepted at the sole discretion of the Department. ii. Electronic Funds Transfer Payments shall be made by one of the following methods: a) by mutually agreeable method including in- person pickup, b) electronic funds transfer (EFT) if Contractor provides written EFT instructions to the Department on a form acceptable to the Department, or c) via the U.S. Postal Service or other delivery service to the address specified by Contractor in the remittance address section of Exhibit B. iii. Available Funds - Contingency - Termination The Department is prohibited by law from making fiscal commitments beyond the term of the State's current fiscal year. Therefore, Contractor's compensation is contingent upon the continuing availability of State appropriations as provided in §2 of the Colorado Special Provisions, set forth below. If federal funds are used with this Contract in whole or in part, the Department's performance hereunder is contingent upon the continuing availability of such funds. Payments pursuant to this Contract shall be made only from available funds encumbered for this Contract and the Department's liability for such payments shall be limited to the amount remaining of such encumbered funds. If State or federal funds are not appropriated, or otherwise become unavailable to fund this Contract, the Department may immediately terminate this Contract in whole or in part without further liability in accordance with § 17(B), below herein. iv. Erroneous Payments Payments made to Contractor in error for any reason, including, but not limited to overpayments or improper payments, at the Department's sole discretion, may be recovered from Contractor by deduction from subsequent payment under this Contract or other grants or contracts between the Department and Contractor or by other appropriate methods or collected as a debt due to the Department. C. De- Obligation Any Program Funds not required to complete Contractor's obligations hereunder shall be de- obligated by the Department. The Department shall send notice of such de- obligation within 60 days in accordance with § 18, below herein. 10. REPORTING AND NOTIFICATION Reports and analyses required under this section shall be made in accordance with procedures and in such form as prescribed by the Department. A. Performance, Progress, Personnel, and Funds Contractor shall comply with all reporting requirements set forth in Exhibit B. B. Litigation Within 10 days after being served with any pleading related to this Contract or the Project, in a legal action filed with a court or administrative agency, Contractor shall notify the Department of such action and deliver copies of such pleadings to the Department's principal representative in accordance with §18, below herein. If a Department principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of the Department. C. Noncompliance Contractor's failure to provide reports and notify the Department in a timely manner in accordance with this section may result in the delay of payment of funds and/or termination under § 17 of this Contract. 11. CONTRACTOR RECORDS Page 4 of 16 Contractor shall make, keep, maintain and allow inspection and monitoring of the following records: A. Maintenance Contractor shall maintain a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Project or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Contractor shall maintain such records (the Record Retention Period) until the last to occur of the following: i. a period of three years after the date this Contract is completed or terminated, or ii. final payment is made hereunder, whichever is later, or iii. for such further period as may be necessary to resolve any pending matters, or iv. if an audit is occurring, or Contractor has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved B. Inspection Contractor shall permit the State, the federal government or any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Contractor's records related to this Contract during the Records Retention Period to assure compliance with the terms hereof or to evaluate Contractor's performance. The Department reserves the right to inspect the Project at all reasonable times and places during the term of this Contract, including any extension. If the Project does not conform to Contract requirements, the Department may require Contractor promptly to bring the Project into conformity with Contract requirements, at Contractor's sole expense. If the Project cannot be brought into conformance by re- performance or other corrective measures, the Department may require Contractor to take necessary action to ensure that future performance conforms to Contract requirements and exercise the remedies available under this Contract, at law or inequity in lieu of or in conjunction with the preceding measure. C. Monitoring Contractor also shall permit the State, the federal government or any other duly authorized agent of a governmental agency, in the sole discretion of such governmental agency, to monitor all activities conducted by Contractor pursuant to this Contract, using any reasonable procedure, at the discretion of such governmental agency, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on -site checking, and formal audit examinations. All such monitoring shall be performed in a manner which will not unduly interfere with Contractor's performance hereunder. D. Final Audit Report If an audit is performed on Contractor's records for any fiscal year covering a portion of the term of this Contract, Contractor shall submit one copy of the final audit report to the Department's principal representative at the address specified in § 18, below herein. 12. CONFIDENTIAL INFORMATION -STATE RECORDS Contractor acknowledges that it may become privy to confidential information in connection with its performance hereunder, including but not limited to State records, personnel records, and information concerning individuals ( "Confidential Information "). The following applies if Contractor receives confidential information: A. Confidentiality Contractor shall keep all Confidential Information confidential at all times and comply with all laws and regulations concerning confidentiality of information to the same extent applicable to the Department. Any request or demand for information in the possession of Contractor made by a third party shall be forwarded immediately to the Department's principal representative for resolution. B. Notification Contractor shall notify each of its agents, employees, sub - contractors, and assigns (each a "Related Party ") who may come into contact with Confidential Information that such party is subject to the confidentiality requirements set forth herein, and shall provide each Related Party with a written explanation of such requirements before permitting such party to access any information of the Department. C. Use, Security, and Retention Page 5 of 16 Confidential Information of any kind shall not be distributed or sold to any third party or used by Contractor or a Related Party in any way, except as authorized by this Contract and as approved by the Department. Contractor shall provide and maintain a secure environment that ensures confidentiality of all State records and other Confidential Information wherever located. Confidential Information shall not be retained in any files or otherwise by Contractor or a Related Party, except as set forth in this Contract and approved by the Department. D. Disclosure - Liability Disclosure of State records or other Confidential Information by Contractor or a Related Party for any reason may be cause for legal action against Contractor or such Related Party by the State or third parties and defense of any such action shall be Contractor's sole responsibility. E. Health Insurance Portability & Accountability Act of 1996 (" HIPAA") This HIPAA section [check one] E] applies to or does not apply ® to this Contract. Federal law and regulations governing the privacy of certain health information requires a "Business Associate Contract" between the Department and Contractor [45 C.F.R. §164.504(e)]. Attached and incorporated herein by reference and agreed to by the Parties is a HIPAA Business Associate Addendum for HIPAA compliance. Terms of the Addendum shall be considered binding upon execution of this Contract and shall remain in effect during the term of this Contract, including any extension. 13. CONFLICT OF INTEREST A. Definition and Appearance Contractor shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Contractor's obligations hereunder. Contractor acknowledges that with respect to this Contract, even the appearance of a conflict of interest is harmful to the Department's interests. Absent the Department's prior written approval, Contractor shall refrain from any practices, activities or relationships which reasonably appear to be in conflict with the full performance of Contractor's obligations to the Department hereunder. Contractor shall comply with the provisions of CRS §18 -8 -308 and §24 -18- 101 -109. B. Specific Prohibitions Contractor's and sub - contractor's respective officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from Contractor's potential sub - contractors, or parties to sub - contracts. Contractor's employees, officers, agents or any permitted sub - contractors shall not participate in the selection, award, or administration of this Contract or any sub - contract, if an actual or apparent conflict of interest would occur. Such a conflict would arise when any of the following has a financial or other interest in the firm selected for award: i. an employee, officer, agent or board member; ii. any member of the employee's immediate family; iii. an employee's partner; or iv. an organization, which employs, or is about to employ, any of the aforementioned. C. Determination by Department - Default If Contractor is uncertain as to the existence of a conflict of interest, Contractor shall submit to the Department a disclosure statement setting forth the relevant details for the Department's consideration. Failure to promptly submit a disclosure statement or to follow the Department's direction in regard to the apparent conflict shall be considered a material default of this Contract and grounds for termination under the Termination for Cause subsection of § 17, below herein. D. Code of Performance Contractor, and sub - contractors, if any, shall maintain a written code of standards governing the performance of their respective employees, agents, and contractors engaged in the award and administration of this Contract, or sub - contract, if any. Contractor shall provide a copy of such code to the Department within 10 days of the Department's written request therefore. 14. REPRESENTATIONS AND WARRANTIES The Parties make the following specific representations and warranties to each other, upon which each is relying in entering into this Contract. A. Standard and Manner Of Performance Page 6 of 16 Contractor shall perform its obligations hereunder, including in accordance with the highest professional standard of care, skill and diligence. Contractor shall perform its obligations hereunder in the sequence and manner set forth in Exhibit B. B. Inspection and Verification The Department reserves the right to inspect and monitor Contractor's performance hereunder at all reasonable times and places to verify that they conform to the requirements of Exhibit B. If Contractor's performance does not conform to Contract requirements, the Department may require Contractor promptly to bring its performance into conformity with Contract requirements, at Contractor's sole expense. If the Project cannot be brought into conformance by corrective measures, the Department may require Contractor to take necessary action to ensure that future performance conforms to Contract requirements and exercise the remedies available under this Contract, at law or in equity in lieu of or in conjunction with the preceding measure. C. Legal Authority- Contractor and Contractors Signatory Contractor warrants that it possesses the legal authority to enter into this Contract and has taken all actions required by its procedures, by -laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Contract and to bind Contractor to its terms. The person signing and executing this Contract on behalf of Contractor hereby represents and warrants and guarantees that they have full authorization to do so. If requested by the Department, Contractor shall provide the Department the basis for Contractor's authority to enter into this Contract within 15 days of receiving such request. D. Licenses, Permits, Etc Contractor represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it will have, at its sole expense, all licenses, certifications, approval, insurance, permits, and other authorization required by law to perform its obligations hereunder. Additionally, all employees of Contractor performing services under this Contract shall hold the required licenses or certifications, if any, to perform their duties, Contractor, if a foreign corporation or other entity transacting business in the State of Colorado, further certifies that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non - renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Contractor to properly perform this Contract, shall be deemed to be a default by Contractor and grounds for termination under Contract § 17(A). E. Breach If the Contractor breaches any of its representations or warranties, the Department may require Contractor to promptly perform its obligations again in conformity with Contract requirements, at no additional cost to the Department. If such breaches cannot be, or are not cured, the Department may, in addition to any other remedies provided for in this Contract, require Contractor to take necessary action to ensure that future performance conforms to the provisions of this Contract; and equitably reduce the payment due to Contractor to reflect the reduced value of the Project. Any reduction, delay or denial of payment under this provision shall not constitute a breach of Contract or default by the Department. 15. INSURANCE Contractor and its sub - contractors shall obtain and maintain insurance as specified in this section at all times during the term of this Contract: All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to Contractor and the State. A. Contractor i. Public Entities If Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24 -10 -101, et seq., as amended (the Governmental Immunity Act "), then Contractor shall maintain at all times during the term of this Contract such liability insurance, by commercial policy or self - insurance, as is necessary to meet its liabilities under such Act. Contractor shall show proof of such insurance satisfactory to the Department, if requested by the Department. Contractor shall require each contract with a sub - contractor which is a public entity, providing Goods or Services in Page 7 of 16 connection with this Contract, to include the insurance requirements necessary to meet sub- contractors liabilities under the Act. ii. Non - Public Entities If Contractor is not a "public entity" within the meaning of the Governmental Immunity Act, Contractor shall obtain and maintain during the term of this Contract insurance coverage and policies meeting the same requirements set forth in subsection B of this section with respect to sub- contractors which are not "public entities ". B. Sub - contractors Contractor shall require each contract with a sub - contractor, other than those that are public entities, providing Goods or Services in connection with this Contract to include insurance requirements substantially similar to the following: i. Worker's Compensation Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all of sub - contractor employees acting within the course and scope of their employment. ii. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: a) $1,000,000 each occurrence; b) $1,000,000 general aggregate; c) $1,000,000 products and completed operations aggregate; and d) $50,000 any one fire. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, sub - contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to Contractor a certificate or other document satisfactory to Contractor showing compliance with this provision. iii. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with a minimum limit of $1,000,000 each accident combined single limit. iv. Additional Insured Contractor and the State shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction contracts require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). v. Primacy of Coverage Coverage required of the sub - contractor shall be primary over any insurance or self - insurance program carried by Contractor or the State. vi. Cancellation The above insurance policies shall include provisions preventing cancellation or non - renewal without at least 45 days prior notice to the Contractor and the State by certified mail. vii. Subrogation Waiver All insurance policies in any way related to the Contract and secured and maintained by Contractor's sub - contractors as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against Contractor or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. C. Certificates Each of Contractor's sub - contractors shall provide certificates showing insurance coverage required hereunder to Contractor within seven business days of the Effective Date, but in no event later than the commencement of the Services or delivery of the Goods under the sub - contract. No later than 15 days prior to the expiration date of any such coverage, each sub - contractor shall deliver to Contractor certificates of insurance evidencing renewals thereof upon request by the Department or at any other time during the term of a sub - contract, Contractor may request in writing, and the sub - contractor shall Page 8 of 16 thereupon within 10 days supply to Contractor, evidence satisfactory to Contractor and the Department of compliance with the provisions of this section. 16. DEFAULT - BREACH A. Defined In addition to any breaches or defaults specified in other sections of this Contract, including, but not limited to the §22 below herein, the failure of either Party to perform any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner, constitutes a default or breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar legislation, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also constitute a default. B. Notice and Cure Period In the event of a default or breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in § 18, below herein. If such default or breach is not cured within 30 days of receipt of written notice or, if a cure cannot be completed within 30 days, cure of the default or breach has not begun within said period and pursued with due diligence, the aggrieved Party may terminate this Contract by providing written notice thereof, as provided for in § 18, below herein, specifying the effective date of the termination. Notwithstanding anything to the contrary herein, the Department, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Contract in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 17. REMEDIES If Contractor is in default or breach under any provision of this Contract, the Department shall have all of the remedies listed in this section in addition to all other remedies set forth in other sections of this Contract. The Department may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and /or Default If Contractor fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Contract and in a timely manner, the Department may notify Contractor of such non - performance in accordance with the § 16, above and § 18, below herein. If Contractor thereafter fails to promptly cure such non - performance within the cure period, the Department, at its option, may terminate this entire Contract or such part of this Contract as to which there has been delay or a failure to properly perform. Exercise by the Department of this right shall not be deemed a breach of its obligations hereunder. Contractor shall continue performance of this Contract to the extent not terminated, if any. i. Obligations and Rights To the extent specified in the termination notice, Contractor shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall also terminate outstanding orders and sub - contracts with third parties. However, Contractor shall complete and deliver to the Department all Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within the Contract terms. At the sole discretion of the Department, Contractor shall assign to the Department all of Contractor's right, title, and interest under such terminated orders or sub - contracts. Upon termination, Contractor shall take timely, reasonable and necessary action to protect and preserve property in the possession of Contractor in which the Department has an interest. All materials owned by the Department in the possession of Contractor shall be immediately returned to the Department. All Work Product, at the option of the Department, shall be delivered by Contractor to the Department and shall become the Department's property. ii. Payments The Department shall pay Contractor only for accepted performance received up to the date of termination. If, after termination by the Department, it is determined that Contractor was not in default or that Contractor's action or inaction was excusable, such termination shall be treated as a Page 9 of 16 termination in the public interest and the rights and obligations of the Parties shall be the same as if this Contract had been terminated in the public interest, as described in § 17(B), below herein. iii. Damages and Withholding Notwithstanding any other remedial action by the Department, Contractor also shall remain liable to the Department for any damages sustained by the Department by virtue of any default under this section by Contractor and the Department may withhold any payment to Contractor for the purpose of mitigating the Department's damages, until such time as the exact amount of damages due to the Department from Contractor is determined. Further, the Department may withhold amounts due to Contractor as the Department deems necessary to protect the Department against loss because of outstanding liens or claims of former lien holders and to reimburse the Department for the excess costs incurred in procuring similar goods or services. Contractor shall be liable for excess costs incurred by the Department in procuring from third parties replacement Services or substitute Goods as cover. B. Early Termination for the Public Interest The Department is entering into this Contract for the purpose of carrying out the public policy of the State of Colorado, as determined by its Governor, General Assembly, and Courts. If this Contract ceases to further the public policy of the State, the Department, in its sole discretion, may terminate this Contract in whole or in part. Exercise by the Department of this right shall not be deemed a breach of the Department's obligations hereunder. This subsection shall not apply to a termination of this Contract by the Department for cause or default by Contractor, which shall be governed by § 17(A), above herein. i. Method and Content The Department shall notify Contractor of the termination in accordance with § 16, above and § 18, below herein, specifying the effective date of the termination and whether it affects all or a portion of this Contract. ii. Obligations and Rights Upon receipt of a termination notice, Contractor shall be subject to and comply with § 17(A)(i), above herein. iii. Payments If this Contract is terminated by the Department in furtherance of the public interest of the State of Colorado, Contractor shall be paid for satisfactory performance up to the date of termination less payments previously made. C. Remedies Not Involving Termination The Department, its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to the Department: L Suspend Performance Suspend Contractor's performance with respect to all or any portion of this Contract pending necessary corrective action as specified by the Department without entitling Contractor to an adjustment in price /cost or performance schedule. Contractor shall promptly cease performance and incurring costs in accordance with the Department's directive and the Department shall not be liable for costs incurred by Contractor after the suspension of performance under this provision. ii. Withhold Payment Withhold payment to Contractor until corrections in services are satisfactorily completed and /or acceptable goods are provided. iii. Deny Payment Deny payment for those Services not performed and /or Goods not provided and which due to circumstances caused by the Contractor cannot be performed or provided or, if performed or provided, would be of no value to the Department; provided, that any denial of payment must be reasonably related to the value of work, performance or Goods lost to the Department. iv. Removal Demand removal of any of Contractor's employees, agents, or sub - contractors whom the Department deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Contract is deemed to be contrary to the public interest or not in Page 10 of 16 the Department's best interest. Replacement of any key personnel hereunder shall be done in accordance with the relevant provisions of Exhibit B. 18. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard - copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. Department: Kathi Williams Colorado Department of Local Affairs 1313 Sherman Street Room 518 Denver, CO 80203 Email: Kathi.Williams @state.co.us B. Contractor: Alex Potente, Executive Director Eagle County Housing Authority P.O. 850 Eagle, CO 81631 Email: housing @eaglecounty.us 19. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, CRS §24 -10 -101, et seq., as amended. Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the Governmental Immunity Act and the risk management statutes, CRS §24 -30 -1501, et seq., as amended. 20. LEGAL RESIDENT This legal resident section [check one] ® applies to or does not apply ❑ to this Contract. Contractor must confirm that any individual natural person eighteen years of age or older is lawfully present in the United States pursuant to CRS §24- 76.5 -101 et seq. when such individual applies for public benefits provided under this Contract by requiring the following: A. Identification: The applicant shall produce one of the following personal identifications: i. A valid Colorado driver's license or a Colorado identification card, issued pursuant to article 2 of title 42, C.R.S.; or ii. A United States military card or a military dependent's identification card; or iii. A United States Coast Guard Merchant Mariner card; or iv. A Native American tribal document. B. Affidavit The applicant shall execute an affidavit herein attached as Form 1, Affidavit of Legal Residency, stating: i. That they are United States citizen or legal permanent resident; or ii. That they are otherwise lawfully present in the United States pursuant to federal law. 21. GENERAL PROVISIONS A. Assignment Except as otherwise specifically provided in Exhibit A, Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or subcontracted, without the prior, written consent of the State. Any attempt at assignment, transfer, subcontracting without such consent shall be void. All assignments, subcontracts /subcontractors approved by Grantee or the State shall be subject to the Page 11 of 16 provisions hereof. Grantee shall be solely responsible for all aspects of subcontracting arrangements and performance. B. Binding Effect Unless otherwise provided herein, all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors, and assigns. C. Captions The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. D. Counterparts This Agreement may be executed in multiple identical original counterparts, all of which shall constitute one agreement. E. Entire Understanding This Agreement represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous addition, deletion, or other amendment hereto shall not have any force or affect whatsoever, unless embodied herein. F. Federal Funding -List of Selected Applicable Laws Contractor at all times during the performance of this Contract shall comply with all applicable Federal and State laws and their implementing regulations, currently in existence and as hereafter amended, including without limitation those set forth on Exhibit A, Applicable Laws, attached hereto, which laws and regulations are incorporated herein and made part hereof. Contractor also shall require compliance with such laws and regulations by sub - contractors under sub - contracts permitted by this Contract. G. Jurisdiction and Venue All suits, actions, or proceedings related to this Agreement shall be held in the State of Colorado and the Parties herby agree that venue shall be proper in the City and County of Denver. H. Modification i. By the Parties Except as specifically provided in this Agreement, modifications of this Agreement shall not be effective unless agreed to in writing by both parties in an amendment to this Agreement, properly executed and approved in accordance with Colorado State law and State Fiscal Rules. ii. By Operation of Law This Agreement is subject to such modifications as may be required by changes in Federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Agreement on the effective date of such change, as if fully set forth herein. I. Order of Precedence The provisions of this Agreement shall govern the relationship of the State and Grantee. In the event of conflicts or inconsistencies between this Agreement and its exhibits and attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Section 22, Colorado Special Provisions ii. Sections 1 through 21 of Contract iii. Exhibit A, Applicable Laws iv. Exhibit B, Statement of Work v. Exhibit C, Project Performance Plan J. Severability Provided this Agreement can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. K. Survival of Certain Agreement Terms Page 12 of 16 Notwithstanding anything herein to the contrary, provisions of this Agreement requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the State if Grantee fails to perform or comply as required. L. Third Party Beneficiaries Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Agreement are incidental to the Agreement, and do not create any rights for such third parties. M. Waiver Waiver of any breach of a term, provision, or requirement of this Agreement or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 13 of 16 • 22. COLORADO SPECIAL PROVISIONS The Special Provisions apply to all Contracts except where noted in italics. A. 1. CONTROLLER'S APPROVAL. CRS §24-30 -202 (1). This contract shall not be deemed valid until it has been approved by the Colorado State Controller or designee. B. 2. FUND AVAILABILITY. CRS §24 -30- 202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. 3. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. [Applicable Only to Intergovernmental Contracts] 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, 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. D. 4. INDEPENDENT CONTRACTOR. 4 CCR 801 -2. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither contractor nor any agent or employee of 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 taxes and local head taxes on any monies paid by the state pursuant to this contract. Contractor acknowledges that contractor and its employees are not entitled to unemployment insurance benefits unless contractor or a 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 agreement, 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 its acts and those of its employees and agents. E. 5. NON - DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws respecting discrimination and unfair employment practices. F. 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 this contract is capable of execution. At all times during the performance of this contract, Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be established. G. 7. VENDOR OFFSET. CRS § §24 -30 -202 (1) and 24 -30- 202.4. [Not Applicable to Intergovernmental Agreements]. The State Controller may withhold payment of certain debts owed to State agencies under the State's vendor offset intercept system for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39 -21 -101, et. seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts certified by the State Controller as owing to the State as a result of final agency determination or judicial action. Page 14 of 16 H. 8. 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 federal copyright laws or applicable licensing restrictions. Contractor hereby certifies that, for the term of this contract and any extensions, Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that 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 this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. 9. EMPLOYEE FINANCIAL INTEREST. CRS §24 -18 -201 and §24-50 -507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. J. 10.PUBLIC CONTRACTS FOR SERVICES. CRS §8- 17.5 -101. [Not Applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract, through participation in the E- Verify Program or the Department program established pursuant to CRS §8- 17.5- 102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor (a) shall not use E- Verify Program or Department program procedures to undertake pre- employment screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8- 17.5 - 102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, institution of higher education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8 -17.5 -101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages. K. 11.PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24- 76.5 -101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24- 76.5 -101 et seq., and (c) has produced one form of identification required by CRS §24- 76.5 -103 prior to the effective date of this contract. Revised May 13, 2008 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 15 of 16 23. SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect. CO TO C n ousi y Y ,r B y/ Name of Authorized Individual to si contract Title: Official Title of Authorized Individual LL n o P1 *Signature Date: SzJu 0 r STATE OF COLORADO Bill Ritter, Jr., GOVERNOR DEPARTMENT OF LOCAL AFFAIRS B Susan E. Ki ick, Executive Director Date: By: 131/7 /a REVIEWER Division of Housing ALL CONTRACTS REQUIRE APPROVAL by the STATE CONTROLLER CRS §24 -30 -202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and /or services provided hereunder. STATE CONTROLLER David J. McDermott, CPA By: Rose arie Auten, Co troller Delegate Date: 1)0 1 d cs Page 16 of 16 HCV : H09SE8010 /Eagle County Housing Authority EXHIBIT A APPLICABLE LAWS Federal laws and regulations incorporated into this contract include, without limitation: 1. Age Discrimination Act of 1975, 42 U.S.C. Sections 6101, et seq. 2. Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 -634 3. Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101, et seq. 4. Equal Pay Act of 1963, 29 U.S.C. 206(d) 5. Immigration Reform and Control Act of 1986, 8 U.S.C. 1324b 6. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 7. Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d S. Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e 9. Title IX of the Education Amendment of 1972, 20 U.S.C. 1681, et seq. 10. C.R.S. §24 -32 -701, et seq., Colorado Housing Act of 1970 11. The applicable of the following: 11.1. Cost Principals for Department, Local and Indian Tribal Governments (OMB Circular A -87); 11.2. Cost Principals for Non - Profit Organizations (OMB Circular A -122); and 11.3. Audits of Departments, Local Governments, and Non - Profit Organizations (OMB Circular A -133). 12. Fair Housing Act of 1968, 42 U.S.C. 3 60 1, et seq. 13. Lead -Based Pain Poisoning Prevention Act - Title IV, 42 U.S.C. 4821. 14. The Public Health and Welfare, 42 USC 8013. 15. General HUD Program Requirements, 24 CFR Part 5 16. Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A. 17. Supportive Housing For Persons With Disabilities, 24 CFR Part 891, subparts A, C, D 18. Housing Choice Voucher Program, 24 CFR Part 982 19. Section 8 and Public Housing Family Self - Sufficiency Program, 24 CFR Part 984 20. Section 8 Management Assessment Program, 24 CFR Part 985 Page 1 of 1 — Exhibit A — Applicable Laws HCV: H09SE8010 /Eagle County Housing Authority EXHIBIT B STATEMENT OF WORK (SOW) HOUSING CHOICE VOUCHER PROGRAM 1. GENERAL DESCRIPTION OF THE PROJECT. 1.1. Eagle County Housing Authority shall serve as a Contractor for the State in the administration of the Housing Choice Voucher Program. Services provided by Contractor shall include, but are not limited to the following: program marketing, waiting list maintenance, qualifying eligible families, briefing families on program requirements, housing inspections, negotiating rents with property owners, annual certifications, conducting informal reviews/hearings, administration of portable vouchers, family self - sufficiency and homeownership programs. 1.2. Use of Funds. In consideration for the services provided, Contractor shall receive administrative fees to be used for ongoing administration of the HCV program. 2. DEFINITIONS 2.1. List specialized terms used in the SOW: NONE 2.2. List abbreviations used in the SOW: NONE 3. DELIVERABLES 3.1. Outcome. To provide financial assistance for adequate and safe affordable rental housing, and home ownership, for very low- income households. To improve the program participant's living conditions by maintaining rent payments at an affordable level and promoting freedom of housing choice. 3.2. Service Area. The performance of the services described within this contract shall be located in Eagle County - 11 vouchers. 3.3. Project Performance Plan. The Parties shall comply with the milestones, performance goals and timelines outlined in Exhibit C. 4. PERSONNEL 4.1. Key Personnel 4.1.1. Responsible Administrator. Contractor's performance hereunder shall be under the direct supervision of Karen Sandblom, an employee or agent of Contractor, who is hereby designated as the responsible administrator of this project. 4.1.2. Other Key Personnel: NONE. 4.1.3. Replacement. Contractor shall immediately notify CDOH if any key personnel cease to serve. Provided there is a good -faith reason for the change, if Contractor wishes to replace its key personnel, it shall notify CDOH and seek its approval, which shall be at CDOH's sole discretion, as CDOH issued this Contract in part reliance on Contractor's representations regarding Key Personnel. Such notice shall specify why the change is necessary, who the proposed replacement is, what their qualification are, and when the change will take effect. Anytime key personnel cease to serve, CDOH, in its sole discretion, may direct Contractor to suspend work on the Project until such time as their replacements are approved. All notices sent under this subsection shall be sent in accordance with § 18 of the Contract. 4.2. Level of Expertise: Knowledge of Federal regulations on Housing Choice Voucher eligibility and occupancy requirements. 5. TESTING AND ACCEPTANCE CRITERIA Contractor shall be responsible for completing the administrative activities of the Project, and to provide to CDOH documentation as required under this contract. CDOH will be responsible for the development of the testing and acceptance criteria for the deliverables required under this Contract. Page 1 of 3 — Exhibit B — Statement of Work 5.1. Acceptance Measures. Contractor shall provide the following reports to CDOH using the state - provided forms. CDOH may withhold administrative fee payment(s), if such reports are not submitted on or before the applicable due dates, as specified in the annual CDOH calendar. 5.1.1. Housing Assistance Payment (HAP) Report. One copy of the monthly HAP Report shall be submitted within 18 - 20 calendar days of the end of each month. 5.1.2. Family Report (HUD - 50058) and Housing Assistance Payment (HAP) Register Report. One copy of the Family Report and the HAP Register shall be submitted within 18 - 20 calendar days of the end of each calendar month for events, such as initial lease ups, annual and interim certifications, the participant's relocation or end of participation in the program. 5.1.3. Lease Status Report and Family Self - Sufficiency (FSS) Escrow Report. One copy of the Lease Status Report and FSS Escrow Report shall be submitted no later than the 4th of each calendar month. 5.2. Monitoring Procedures. CDOH shall perform on -going monitoring in accordance with §11(C) and § 14(B) of this Contract, and CDOH's Risk Based Monitoring Policy. 6. PAYMENT. Payments shall be made in accordance with the provisions set forth in §9 of this Contract. 6.1. Payment Schedule 6.1.1. Monthly Administrative Fee. Contractor shall earn a monthly administrative fee, established by CDOH, for each voucher leased on the first day of the month. When there is a delay in the receipt of paperwork by any of the parties in the lease up, a retroactive fee shall be paid, in the following month, on units that were leased as of the first of the month. For vouchers that are leased after the first day of the month, Contractor shall not earn an administrative fee until the following month. 6.1.2. Portable Voucher Fee. Contractor shall earn fifty percent (50 %) of the administrative fee received by CDOH for each incoming portable unit in which CDOH bills another housing authority. 6.1.3. Homeownership Fee. Contractor shall earn a one -time fee of $500.00 for every voucher holder that becomes a participant in the HCV Homeownership Program. 6.1.4. Family Self- Sufficiency (FSS) Coordinator Fee. Contractor shall receive an annual administrative fee established by CDOH, based on the number of families participating in the FSS program. 6.1.5. Disaster Housing Assistance Fee. Contractor shall earn a one -time fee of $500.00 for each new participant in the Disaster HAP Program. The Contractor shall also earn a monthly administrative fee of $83.00 and a monthly case managment fee of $92.00 for each family in the program. 6.2. Remittance Address. If mailed, payments shall be remitted to the following address unless changed in accordance with § 18 of the Contract: -Eagle County Housing Authority P.O. 850 -Eagle, CO 81631 7. ADMINISTRATIVE REQUIREMENTS. 7.1. CDOH Plans. The HCV Program shall be administered in accordance with CDOH's Public Housing Agency Plan, Administrative Plan, Homeownership Plan, and Family Self- Sufficiency Action Plan. 7.2. Local Consolidated Plan. Contractor shall consult its local governmental or departmental Consolidated Plan and develop and implement an action plan to meet the housing needs for low - income persons in their communities. 7.3. Eligible Beneficiaries. Contractor shall insure that all vouchers will be leased by low- income persons; defined as those, whose household income does not exceed 50% of the Area Median Income (AMI). The rent and income limits, in effect as of the execution of this contract, are contained in Exhibit D. Page 2 of 3 — Exhibit B - Statement Of Work 7.4. Income Eligibility Determination. Prior to the initial lease of vouchers, and during annual re- certification, the Contractor shall determine the annual income of the beneficiaries in accordance with 24 CFR Part 5.609. 7.5. Property Standards. All rental units shall be in compliance with HUD Housing Quality Standards for existing housing. 8. PROJECT BUDGET Free T trfP* Maximum aunt, Administrative Fees 14.871 $5,770 Homeownership Fees 14.871 FSS Coordinator Fees 14.871 Disaster HAP Fees 14.DVP Page 3 of 3 — Exhibit B - Statement Of Work HCV: H09SE8010 /Eagle County Housing Authority FORM 1 AFFIDAVIT OF LEGAL RESIDENCY 1, , swear or affirm under penalty of perjury under the laws of the State of Colorado that (check one): ❑ I am a United States citizen, or ❑ I am a Permanent Resident of the United States, or ❑ I am lawfully present in the United States pursuant to Federal law. I understand that this sworn statement is required by law because I have applied for a public benefit or I am a sole proprietor entering into a contract or purchase order with the State of Colorado. I understand that State law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit or prior to entering into a contract with the Department. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under CRS § 18 -8 -503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. Signature Date Page 1 of I — Form I — Affidavit of Legal Residency EXHIBIT C - PROJECT PERFORMANCE PLAN Quarterly Reports: Is Jan - March 2 no April -June 3` July - Sept 41h Oct - Dec Housing Choice Voucher - Section 8 Program Monitoring Level - TBD based on Risk Analysis Monitoring MILESTONES — Grantee shall... CAPACITY STATE ROLE- CDOH shall... PROGRESS - reported quarterly (include date and description) Attend an annual Section 8 Contractor has been administering the CDOH will track attendance. ACHIEVED: / /200 Contractor's Training within each HCV program and attends training to fiscal year normally done by the ensure that staff is aware of new 3rd quarter. regulations and CDOH policies. Monitoring will be conducted Contractor will cooperate with the CDOH will monitor and provide ACHIEVED: / /200 annually based on CDOH's Risk scheduling and implementation of this technical assistance to Based Monitoring Plan by the end monitoring. administer the HCV program. of each fiscal year. Asset manager will submit Contractor will respond to monitoring CDOH will ensure that all ACHIEVED: / /200 monitoring letter to contractor letter within the time frame stated in finding and concerns are within 30 working days from the the letter. addressed and recorded in the time of the monitoring visit. Oracle database. Contractor will lease vouchers at a Contractor will monitor the lease up rate CDOH will work with agencies Track monthly: rate between 97 -100% at all times. on a monthly basis. to develop a plan to maintain This will be tracked on a monthly their lease up rate. basis by the asset manager Submit FSS reporting to CDOH Contractor will track FSS families' escrow CDOH will process FSS Track monthly: monthly. accounts and milestones on Contract of disbursements when Participation. requested. Contractor will respond to monthly Contractors have an obligation to submit CDOH will provide technical Track monthly: requests to correct the Public correct information on the families assistance if needed. Information Center (PIC) assisted via the HUD 50058 form. submittals. Page 1 of 2 Submit HAP paperwork monthly to Contractor will submit paperwork via mail CDOH will track the timeliness. Track monthly: ensure landlords are paid timely. or email by the due date on the Section 8 calendar and review for accuracy of w9s, effective dates, and HQS dates. Asset managers will provide Contractor will set up HQS with families CDOH will notify Contractor Track monthly: technical assistance to assist and set a time to meet with CDOH staff to what type of monitoring and Section 8 staff to do annual family conduct an on -site or self certification the dates they will need to files and HQS inspections. monitoring annually. conduct HQS. Page 2 of 2 EXHIBIT D COLORADO DIVISION OF HOUSING INCOME & RENT TABLES FOR 300/o-120% OF MEDIAN INCOME FOR COLORADO COUNTIES HUD Release Date: February 13, 2008 MAXIMUM RENTS INCOME LIMITS County 0 BDRM 1 BDRM 2 BDRM 3 BDRM 4 BDRM 1 PERSON 2 PERSON 3 PERSON 4 PERSON 5 PERSON 6 PERSON 7 PERSON 8 PERSON 120% 1,509 1,615 1-19-3-8 2 239 2,499 60,360 68,880 77,520 86,160 93,000 99,960 106,800 113,760 100% 1,257 1,346 1,615 1,866 2,082 50,300 57,400 64,600 71,800 77,500 83,300 89,000 94,800 Adams 80% 1 005 1,076 1 292 1,493 1 666 40,200 45,950 51,70 57,450 62,050 66,650 71,250 75,85 65% 817 875 1,049 1,213 1,353 32,695 37,310 41,990 46,670 50,375 54,145 57,850 61,620 60% 754 807 969 1,119 1,249 30,180 34,440 38,760 43,080 46,500 49,980 53,400 56,880 55% 691 740 888 1,026. 1,145 27,665 31,570 35,530 39,490 42,625 45,815 48,9501 52,140 50% 6281 673 807 933 1 041 25 150 2-8-,70-0- 32,300 35,900 38,750 41,650 44,500 47,400 45% 565 605 726 839 937 22 635 25,830 2-9-,0-70- 32,310 34,875 37,485 40,050 42,660 40% 503 538 646 746 833 20,120 22,960 25,840 28 720 31 000 33,320 .15600 37 920 30% 377 404 485 560 625 15,10 17,250 19,400 21,55 23,250 25,000 26,700----528,45 120% 1,509 1,615 1,938 2,239 2,499 60,360 68,880 77,520 86,160 93,000 99,960 106,800 113,760 100% 1,257 1,346 1,615 1,866 2,082 50,300 57 400 64,600 71 800 77,500 83,300 89,000 94,800 Arapahoe 80% 1,005 1,076 1,292 1 493 1-,6-6-6- 40 200 45,950 51,700 57 450 62,050 66,650 71,250 75,850 65% 817 875 1,049 1,213 1,353 32,695 37,310 41,990 46,670 50,375 54,145 57,850 61,620 60% 754 807 969 1 119 1,249 30,180 34,440 38,760 43,080 46,500 49,980 53,400 56,880 55% 691 740 888 1 026 1,145, 2-7,6-6--5 31,570 35,530 39,490 42,625 45,815 48,950 52,140 50% 628 673 807 933 1,041 25,150 28,700 32,30 35,900 38,750 41,650 44,500 47,400 45% 565 605 726 839 937 22,635, 25 830 29,070 32-,-31-0- 34,875 37,485 40,050 42,660 40% 5031 538 646 746 833 20,120 22,960 25 840 28,720 31 000 33 320 35 600 37,920 30% 377 404 485 560 625 15,100 17,2 1 ,4 21, 550 23,25 2 ,000 26,700 28,4 120% 1,827 1,957 2,349 2,715 3,027 73,080 83,520 93,960 104,400 112,800 121,080 129,480 137,760 100% 1,522 1,631 1,957 2,262 2,522 60,900 69,600 78,300 87,000 9-410-0-0- 100,900 107,900 114,800 Boulder 80% 1-10-76- 1,153 1,383 1,598 1,783 43,050 49,200 55,35 61,500 66,400 71,3501 76,250 81,200 65% 989 11,006600 1,272 1,470 1,639 39,585 45-12-4-0 50,895 56,550 61,100, 65,585 70,135 74,620 60% 913 978 1,174 1,357 1,513 36,540, 41,760 46,980 52,200 56,400 60,540 64,740 68,880 55% 8371 897 1 076 1,244 1,387. 33,495 38,280 43,065 47,850 51,700 55,495 59,345 63,140 50% 7611 815 978 1,13-1- 1,261 30,450 34,800 39,150 43,500 47,00 50,45 53,950 57,40 45% 880 1,018 11135, 27,405 31,320 35,235 39,150 42,300 45,405 48,555, 51,660 40% 783 905 1 009 24 360 27 840 31 320 34 800 37 600 40 360 43,1601 45,920 30% 587 678 757 18,250 20,90 23,50 26,100 28, 0 30300 32, 0 4,45 120% W456;489 1 938 2 239 2 499 60 360 68 880 77 520 86 160 93 000 99 960 106 800 113 760 100% 1 615 1 866 2 082 50 300 57 400 64 600 71 800 77 500 83 300 89 000 94 800 Broomfield 80% 1,292 1,493 1-,6-6-6- 40,200 4-519-5-0- 51,700 57,450 62,050 66,650 71,250 75,850 65% 817 875 1,049 1-12-1-3 1 353 32 695 37 310 41,990 46 670 50,375 54,145 57,850 61,620 60% 754 807 969 1 119 1,249 30,180 34,440 38,760 43,080 46,500 49,980 53,400 56,880 55% 691 740 888 1,026 1,145 27,665 31,57 35,530 39,490 42,625 45,815 48,950 52 140 50% 628 673 807 933 1,041 25,150 28,700 32,3001 35,900 38,75 41,650 44,5 0 47,40 450/1 5651 605 726 839F 937 22,63 25,1330 29,0701 32,310 34 875 37,485 40-10- 5-0- 42,660 40% 1 5031 5381 646 7461 833 20,1201 22 960 25,8401 28,720 31,0001 33,320, 35,600, 37,920 30% 1 3771 404 485 5601 625 15,100 17,250 19,400 21,55() 23,25 2t),U001 26, mal 28,45 EXHIBIT D COLORADO DIVISION OF HOUSING INCOME & RENT TABLES FOR 300/o-120% OF MEDIAN INCOME FOR COLORADO COUNTIES HUD Release Date: February 13, 2008 MAXIMUM RENTS INCOME LIMITS County 0 BDRM 1 BDRM 2 BDRM 3 BDRM 4 BDRM 1 PERSON 2 PERSON 3 PERSON 4 PERSON 5 PERSON 6 PERSON 7 PERSON 8 PERSON 120% 1 158 1,240 1,488 1,719 1917 46,320 52,920 59,520 66,120 71,400 76,680 81,960 87 240 100% 965 1,033 1,240 1,432 1,597 38,600 44,100 49,600 55,100 59,500 63,900 68,300 72,700 Cheyenne 80% 771 826 992 1 146 1,278 30 850 35,300 39,700 44,100 47,650 51,150 54,700 58,20 65% 627 671 806 931 1,038 25,090 28,665 32,240 35,815 38,675 41,535 44,395 47,255 60% 579 620 744 859 958 23,160, 26,46 29,760 33,060 35,700 38,340. 40,980 43,620 55% 5301 568 682 787 878 21,230 24,255 27,280 30,305 32,725 35,145 37,565 39,9851 50% 482 516 620 716 798 19,300 22,050 24,80 27,550 29,750 31,950 34,150 36,3501 45% 434 465 558 644 718 17,370, 19 845 22,320 2417-9-5 26,775 28,755 30,735 32,7151 40% 386 413 496 573 639 15, 440 17,640 19 840 22 040 23 800 25,560 27,320 29 080 30% 290 310 372 430 480 11,600 13,25 14',90 16,556 17,850 19,200 20,500 21,850 120% 1,509 1,615 1,938 2,239 2,499 60,360 68,880 77,520 86,160 93,000 99,960 106,800 113,760 100% 1,257 1,3461 1,615 1,866 2,082 50,300 57,400 64,600 71,800 77,500 83,300 89,000 94,800, Clear Creek 80% 1,0-0-5 1,076 1 292 1,493 1 666 40,200 45,95 51,70 57,450 62,050 66,650 71,250 75,850 65% 817 875 1,049 1,213 1,353, 32,695 37,310 41,990 46,670 50,375 54,145 57,850 61,620 60% 754 807 969 1,119 1,249 30,1801- 34,440 38,760 43,080 46 500 49,980 53 400 56,880 55% 691 740 888 1,026. 1,145 27,665 31,57 35,530. 39,490 42,625 45,815 48 950 52,140 50% 628 673 807 9331 1,041 25,1501 28,700 32,3001 35,900 38,750 41,650 44,500 47,400 45% 5651 605 726 8391 937 22,6351 25,830 29,0701 32,310 34,8751 37,485 40,050 42,660 40% 5031 538 646 7461 833 20,120 22,960 25,8401 28,720 31,000 33,320 35 600 37,920. 30% 377 404 485 560 625 15,100 17,250 19,400 21,550 23,250 25,000 26,7 0 8,45 120% 1,509 1,615 1,938 2,239 2,499 60,360 68,880 77,520 86,160 93,000 99,960 106,800 113,760 100% 1,257 1,346 1,615 1,866 2,082 50,300 57,400 64,600 71,800 77,500 83,300 89,000 94,800 Denver 80% 1 005 1,076 1,292 1,493 1,666 40,200 45 950 51,70 57,450 62,050 66,650 71,250 75,85 65% 817 875 1,049 1,213 1,353 32,695 37,310 41,990 46,670 50,375 54,145 57,850 61,620 60% 754 807 969 1 119 1,249 30,180 34,440 38,760 43,080 46,500 49,980 53,400 56,880 55% 6911 740 888 1,026 1,145, 2-7,6-6--5 31,570 35-,-5-30- 39,490 42,625 45,815 48,950 52,140 50% 6281 673 807 933 1,041, 25 150 28,700 32,300 35,900 38,750 41,650 44,500 47,400 45% 5651 605 726 839 937 22,635 2-5-,8--30- 29,070 32 310 34,875 37 485 40,050 42 660 40% 5031 538 646 746 833 20,120 22,960 25,840 28,720 31,000 33,320 35,600 37,920 30% 3771 404 485 560 625 15,100 17,250 19,400 21,550 23,250 25,000 26, 00 28,4 120% 1r509 1,615 1,938 2,239 2,499 60,360 6--8,8--80- 77,520 86,160 93,000 99,960 106,800 113,760 100% 1,257 1,346 1,615 1,866 2,082 50, 300 57,400 64,600 71,800 77,500 83,300 89,000 94,800 Douglas 80% 1,005 1,076 1,292 1,493 1,666 40,200 45,950 51,700 57,450 62,050 66,650 71,250 75,850 65% 817 875 1,049 1 213 1,353 32,695 37,310 41,990 46,670, 50,375 54,145 57,850 61,620 60% 754 807 969 1,1- 1-9- 1,249 -30-,1-8-0- 34,440 381760, 43,080 46,500 49,980 53,400 56,880 55% 691 740 888 1,026 1,145 27,665 31,570 35,530 39,490 42,625 45,815 48,950 52,140 50% 628 673 807 933 1,041 25,150 28,700 32,300 35,900 38,750 41,650 44,500 47,40 45% 565 605 726 839 937 22,635 25,830 29,070 32,310 34,875 37,485 40,050 42,660 40% 503 538 646 746 833 20,120 22 960 25 840 28,720 31,000, 33 320 3;5,600 37 920 30% 377 404 485 560 6251 15,1001 17,250 19,400 21,550 23,2 0 Z5"000 Z5"00Uj 2 6, 7 0 0 28,45 EXHIBIT D COLORADO DIVISION OF HOUSING INCOME & RENT TABLES FOR 300/o-120% OF MEDIAN INCOME FOR COLORADO COUNTIES HUD Release Date: February 13, 2008 MAXIMUM RENTS INCOME LIMITS County 0 BDRM 1 BDRM 2 BDRM 3 BDRM 4 BDRM 1 PERSON 2 PERSON 3 PERSON 4 PERSON S PERSON 6 PERSON 7 PERSON 8 PERSON 120% 1,761 1,8-8-5 2,262 2,614 2,916 70,440 8-0-40-0- 9-0-4-80- 100,560 108,600 116,640 124,680 132 720 100% 1,467 1,571 1,885 2,178 2,430 58,700 67,000 75,400 83,800 90,500 97,200 103,900 110,600 Eagle 80% 1,076 1,153 1,383 1,598 1,783 43,050 49,200 55,350 61,500 66,400 71,35 76,250 81,20 65% 953 1,021 1,225 1,416 1,579 38,155 43,550 49,010 54,470 58,825 63,180 67,535 71,890 60% 880 942 1,131 1,307 1,458 35,220 40,20 45,240 50,280 54,300 58,320 62,340 66,360 55% 8071 864 1 036 1 198 1,336 32,285 36,850 41,4701 46,090 49,775 53,460 57,145 60,8301 50% 7331 785 942 1 089 1,215 29,3501 33,500 37,7001 41,900 45,250 48,600 51,950 55,300 45% 6601 707 848 980 1,093 26,4151 30,150 33,9301 37,710 40,725 43,740 46,755 49,770 40% 5871 628 754 871 972 23,480 26,800 30,160 33,520 36,200 38 880 41 560 44,240 30% 4401 471 566 653 728 17,600 20,100 22,650 25,150 27,150 29,1 31,200 33,200 120% 1,428 1,530 1 836 2,121 2,367 57,120 65,280 73,440 81,600 88,080 94,680 101,160 107,760 100% 1,190 1,275 1,530 1,767 1,972 47,600 54,400 61,200 68,000 73,400 78,900 84,300 89,800 El Paso 80% 952 1,020 1 223 1,414 1,577 38,100 43,500 48,95 54,400 58,750 63,100 67,450 71,80 65% 773 828 994 1,148 1,282 30,940 35,360 39,780 44,200 47,710 51 285 54,795 5-8-,-370- 60% 714 765 918 1 060 1,183 28,560 32,640 36,720 40,800 44,040, 47,340 50,580 53,880 55% 654 701 841 972 1,084 26,180 29,920 33,660 37,400 40,370 43,395 46 365 49 390 50% 5951 637 765 883 986 23,800 27,200 30,600 34,00 36,700 39,450 42,150 44,900 45% 5351 573 688 795 887 2-1,42-0- 24,480 27,540 30,600 33,030 35,505 37,935 40,410 40% 4761 510 612 7071 789 19,040 21,760 24,480 27,200 29,360 31 560 33 720 35,920 30% 3571 382 458 530 591 14,300 16,300 18,350 20,400 22,050 23,650 0 26,9 0 120% 1,509 1,615 1,938 2,239 2 499 60,360 68,880, 77,520 86,160 93,0-0-0- 99,960 106,800 113,760 100% 1,257 1,346 1,615 1,866, 2,082 50,300 57,400 64,600 71,800 77,500 83,300 89,000 94,800 Elbert 80% 1,0-0-5- 1,076 1 292 1,493 1 666 40,200 45,950 51,700 57 450 62,050 66,650 71,250 75,850 65% 817 875 1,049 1,213 1 353 695 37,310, 41,990. 46,670 50,375 54,145 57,850 61,620 60% 754 807 969 1,119, 1,249 180 34,440 38,760 43,080 46 500 49 980 53 400 56,880 55% 691 740 888 1,0261 1,145, 665 g22,635, 31,570 35,530 39,490 42,625 45,815 48-19-50- 5-2-,1-40- 50% 628 673 807 933 1,041 150 28,700 32,300 35,900 38,750 41,650 44,500 47,400 45% 565 605 726 839 937 25 830 29 070 32 310 34 875 37 485 40 050 42 660 40% 503 538 646 746 833 120 22,960 25,840 28,720 31,000 33,320 35 600 37,920 30% 377 404 485 560 625 15,100 17,250 19,400 21,550 23,250 25,000 26,70 28,450 120% 1,398 1,497 1,797 2,074 2,313 55,920 63,84o 71,8801 79,800 86,160 92 520 99,000 105,360 100% 1,165. 1,247 1,497 1,728 1,927 46-16-0-0- 53,200 59,9001 66,500 71,800 77,100 82,500 87,800 Garfield 80% 931 997 1,197 1,383 1,542 37,250 42,550 47,900 53,200 57,450 61,700 65,950 70,200 65% 757 810 973 1,123. 1,252, 3-0-,2-9-0- 34,580 38-,9- 3- 5- 43,225 46,670 50,115 53,625 57,070 60% 699 748 898 1,037 1,156 27,960 31,920, 35,940 39,900 43,080 46,260 49,500 52,680 55% 640 686 823 950 1,060 25 630 29,260 32,945 36,575 39,490 42,405 45,375 48 290 50% 582 623 748 864 963 23,300 26,600 29,950 33,250 35f9001 38,5501 41,25 43,900 45% 524 561 673 777 867 20,970 23,940 26 955 29,925 32,3101 34,6951 37,125 39,510 40% 1 4661 4991 599 691 771 18 640 21,281) 23,9601 26,600 28,7201 30,8401 33,0001 35,120 30% 1 3481 3731 4481 5181 578 13, 50 15,950 17,9!101 19,950 21,5501 23,1501 Z4,7bUl 26,350 EXHIBIT D COLORADO DIVISION OF HOUSING INCOME & RENT TABLES FOR 30% -120% OF MEDIAN INCOME FOR COLORADO COUNTIES HUD Release Date: February 13, 2008 MAXIMUM RENTS INCOME LIMITS County 0 BDRM 1 BDRM 2 BDRM 3 BDRM 4 BDRM 1 PERSON 2 PERSON 3 PERSON 4 PERSON 5 PERSON 6 PERSON 7 PERSON 8 PERSON 120% 1,509 1,615 1,938 2,239 2,499 60,360 68,880 77,520 86,160 93,000 99,960 106,800 113,760 100% 1,257 1,346 1,615 1,866 2,082 50,300 57,400 64,600 71,800 77,500 83,300 89,000 94,800 Gilpin 80% 1,005 1,076 1,292 1,493 1,666 40,200 45,950 51,700 57,450 62,050 66,650 71,250 75,850 65% 817 875 1,049 1,213 1,353 32,695 37,310 41,990 46,670 50,375 54,145 57,850 61,620 60% 754 807 969 1 119 1,249 30,180 34,440 38,760 43,080 46,500 49,980 53,400 56,880 55% 6911 740 888 1,026 1,145 27,665 31,570 35,530 39,490 42,625 45,815 48 950 52,140 50% 6281 673 807 933 1,0-41- 25,150 28,70 32,300 35,900 38,750 41,650 44,500 47,400 45% 5651 605 726 839 937 22,635, 25 830 29,070 32-,-31-0- 34,875 37,485 40,050 42,660 40% 503 538 646 746 833 20,120 22,960 25,840 28,720 31,000 33,320 35 600 37 920 30% 377 404 485 560 625 15,100 17,250 19,400 21,550 23,250 25,000 26,700 28,450 120% 1,425 1,525 1,830, 2,115 2,358 57 000 65,040 73,200 81 360 87,840 94,320 100,920 107,400 100% 1,187 1,271 1,525 1,762 1,965 47,500 54 200 61,000 67,800 73,200 78,600 84,100 89 500 Grand 80% 950 1,017 1 221 1,410 1 573 38 000 43 400 48,850 54,250 58,600 62,950 67,250 71 600 65% 771 826 991 1,145 1,2-77 30,875 35,230 39,650 44,070 47,580 51,090 54,665 58,175 60% 7121 762 915 1,057 1,179 28,500 32,520. 36,600 40,680 43,920 47,160 50,460 53,700 55% 6531 699 838 969 1,080 26 125 29,810 33,550 3712-9-0- 40,260 43 230 46,255 49,225 50% 5931 635 762 881 982 23.750 27,100 30,500 33,900 36,600 39,30 42,050 44,750 45% 5341 572 686 7931 884 21,375 24 390 27 450 30 510 32 940 35,370 37 845 40,275 40% 4751 508 610 7051 786 19 000 21 680 24400. 27,120 29,280 31,440 33,640 35,800 30% 356 381 457 529 590 14,250 16, 3 0 0 18',300 20,3 0 22,000 23,600 25,250 26,99-0 120% 1,341 1,435 1,722 1 990 2,220 53 640 61,200 68,880 76,560 82,680 88 800 94,920 101,040, 100% 1,117 1,196 1,435 1,658 1,850 44,700 51 000 57,400 63,800 6--8,9- 0-0- 74,000 79,100, 84,200 Gunnison 80% 893 957 1,148 1 327 1,480 35,750 40,850 45,950 51,050 55,15 59,200 63,300 67,400 65% 726 777 932 1,078 1,202 29,055 33,150 37,310 41,470 44,785 48,100 51,415 54,730 60% 670 717 861 995 1,110 26,820 30,600 34,440 38,280 41,340 44,400 47,46-0- 50,520 55% 614 657 789 912 1 017 24,585 28 050 31,570 35 090 37,895 40,700 43,505 46,310 50% 5581 598 717 829 925 22,350 25,5001 28,700 31,90 34,45 37,000 39,550 42,100_ 45% 5021 538 645 746 832 20,115 22,950 25,830 28,710 31,005 33,300 35,595 37,890 40% 4471 478 574 663 740 17 880 20 400 22 960 25,520 27,560 29,600 31,640 33 680 30% 3351 358 431 498 555 13' 400 15,300 17,250 19,150 20,700 22,200 23,750 25,30 120% 1,188 1,272 1,527 1,762 1,965 47,520 54,240 61,080 67,800 73,200 78,600 84,120 89,520 100% 990 1,060 1,272 1,468 1,637 39,600 45,200 50,900 56,500 61,000 65,500 70,100 74,600 Hinsdale 80% 791 847 1 017 1-11-7-5 1 311 31,650 36,150 40,700 45,200 48,800 52,450 56,050 59,650 65% 643 689 827 954 1,064 25,740 29,380 33,085 36,725 39,650 42,575 45,565 48,490 60% 594 636 763 881 982 23,760 27 120 30,540 33,900 36,600 39 300 42,060 44 760 55% 544 583 699 807 900 21,780 24,860 27,995 31,075 33,550 36,025 38,555 41,030 50% 4951 530 636 734 818 19,800 22,600 25,450 28,250 30,500 32,750 35,050 37,300 45% 4451 477 5721 660 736 17,820, 20 340 22 905 25,425 27,450 29,475 31,5451 33,570 40% 396 424 509 587 655 15,840111 18080 20 360 22,600 24,400 26,200 28,0401 29,840 30% 296 317 381 440 491 11,850 13,550 15,2501 16,950 18,300 19,650 21,000 22,350 EXHIBIT D COLORADO DIVISION OF HOUSING INCOME & RENT TABLES FOR 30 %- 120% OF MEDIAN INCOME FOR COLORADO COUNTIES HUD Release Date: February 13, 2008 MAXIMUM RENTS INCOME LIMITS County 0 BDRM 1 BDRM 2 BDRM 3 BDRM 4 BDRM 1 PERSON 2 PERSON 3 PERSON 4 PERSON 5 PERSON 6 PERSON 7 PERSON 8 PERSON 120% 1,509 1,615 1,938 2,239 2,499 60,360 68,880 77,520 86,160 93,000 99,960 106,800 113,760 100% 1,257 1,346 1,615 1,866 2,082 50,300 57,400 64,600 71,8 0 77,500 83,300 89,000 94,800 Jefferson 80% 1 005 1,076 1 292 1,493 1 666 40,200 45,950 51,700 57,450 62,050 66,65 71,250 75,85 65% 817 875 1,049 1,213 1 353 32,695 37,310 41,990 46,670 50,375 54,145 57,850 61,620 60% 754 807 969 1,119 1,249 30,180 34,440 38,760 43,080 46,500 49,980 53,400 56,880 55% 6911 740 888 1,026 1,145 27,665 31,570 35,5301 39,490 42-16-2-5- 45,815 48,950 52,140 50% 6281 673 807 933 1,041 25,1501 28,700 32,3001 35,900 38,75 41,650 44,50 47,400 45% 565 605 726 839 937 22,6351 25,830 29,0701 32,310 34 875 37,485 40,050 42,660 40% 503 538 646 746 833 20,120 22,960 25,8401 28,720 31,000 33,320 35,600 37 920 30% 377 404 485 560 625 15,100 17,250 19,40 21,5 3,250 25,000 26,705 28,450 120% 1 131 1,212 1,455 1,681 1,875 45,240, 5-1-172-0- 58,200 64,680 69,840 75,000 80,160 85,320 100% 942 1 010 1,212, 1,40-1- 1,562 37 700 43,100 48 500 53,900 58,200 62,500 6-6-,8-0-0- 71,100 Kiowa 80% 755 808 970 1-11-2-0- 1,250 30,200 34,500 38,800 43,100 46,550 50,000 53,450 56,900 65% 612 656 788 910 1,015 24,505 28,015 31,525 35,035 37,830 40,625 43,420 46,215 60% 565 606 727 840 937 22,620 25,860 29,100 32,340 34,920 37,500 40,080 42,660, 55% 518 555 666 770 859 20,735 23,705 26,675 29,645 32,010 34,375 36,740 39,105 50% 471 505 606 700 781 18,850 21,550 24,250 26,950 29,100 31,250 33,400 35,550 45% 424 454 545 630 703 16,965 19,395; 2-1-,8-2- 5- 24,255 26 190 28,125 30 060 31,995 40% 377 404 485 560 625 15,080 17,240 19,400 21 560 23,280, 25,000 26 720 28,440, 30% 282 303 363 420 468 11,300 12,950 14,550 16,150 17,450 18,750 20,050 21,350 120% 1,311 1,404 1,686 1,947 2,172 52,440 59,880 67,440 74,880 80,880 86,880 92,880 98,880 100% 1,092 1,170 1,405 1,622 1,810 43,700 49,9-0-0- 56,200 62 400 67,400 72,400 77 400 82,400 La Plata 80% 873 935 1 122 1,297 1,447_ 34,950 39,90 44,900 49,900 53,900 57,90 61,900 65,85 65% 710 760 913 1 054 1,176 28,405 32,43- 5- 36 530 40 560 43,810 47 060 50,310 53,560 60% 655 702 843 973 1,086 26,220, 29,940 33,720 37,440 40,440 43,440 46,440 49,440 55% 600 643 772 892 995 24,035 27,445 30,910 34,320 37,070 39,820 42,570 45,320 50% 5461 585 702 811 905 21,850 24,95 28,100 31,200 33,700 36,200 38,700 41,20 45% 491 526 632 730 814 19,665 2-2-,45-5- 25,290 28,080 30,330 32,580 34,830 37,080 40% 437 468 562 649 724 17,480 19,960 22 480 24,960 26 960 28 960 30,960 32 960 30% 327 350 421 486 542 13,100 14,950 16',850 18,700 20,200 21',70 23, 00 24,700 120% 1,188 1,272 1,527 1 762 1,965 47,520. 54,240 61,080 67,800 73,200 78,600 84,120 89,520 100% 990 1,060 1,272 1,468 1,637 39,600 45-12-0-0- -50-,9- 0-0- 56,500 61,000 65,500 70,100 74,600 Lake 80% 791 847 1 017 1 175 1 311 31,6550 36,150 40,700 45,200 48,800 52,450 56,050 59,650 65% 643 689 827 954 1,064 25,740 29 380 -3-3,0-8--5 36,725 39 650 42,575 45 565 48,490 60% 594 636 763 881 982 23,760 2-7,1- 2-0- 30,540 33 900 36,600 39,300 42,060 44,760 55% 544 583 699 807 900 21,780 24,86 27,995, 31,075 33,550 36,025 38,555 41,030 50% 495 530 636 734 818 19,800 22,600 25,450 28,250 30,500 3-2-,75-Ow 35,050 37,300 45% 445 477 572 660 736 17,820 2-0-1-340- 22,905 25,425 27,450 29,475 31,545 33,570 40% 3961 424 509 5871 655 15,840 18,080 20 360 22,600 24,400 26 200 28 040 29 840 30% 1 2961 317 3811 4401 491 11,8 13,556 16,950 18,3uu 19,650 21,00 22,350 EXHIBIT D COLORADO DIVISION OF HOUSING INCOME & RENT TABLES FOR 30% -120% OF MEDIAN INCOME FOR COLORADO COUNTIES HUD Release Date: February 13, 2008 MAXIMUM RENTS INCOME LIMITS County 0 BDRM 1 BDRM 2 BDRM 3 BDRM 4 BDRM 1 PERSON 2 PERSON 3 PERSON 4 PERSON 5 PERSON 6 PERSON 7 PERSON 8 PERSON 120% 1,575 1,687 2 025 2,340 2,610 -63,0-0-0- 72,000 81,000 90,000 97,200 104,400 111,600 118,800 100% 1,312 1,406 1,687 1,950 2,175 52,500 60,000 67,500 75,000 81,000 87,000 93,000 99,000 Larimer 80% 1 050 1,125 1 350 1,560 1 740 42,000 48,000 54,000 60,000 64,800 69,600 74,400 79,20 65% 853 914 1,096 1,267 1,413 34,125 39,000 4-318-7-5 48,750 52,650 56,550, 6-0-,45-0- 64,350 60% 787 843 1,012 1,170 1,305 31,500 36,000 40,500 45,000 48,600 52,200 55,800 59,400 55% 7211 773 928 1,072 1,196 28 875 33,000 37,125 41,250 44,550 47,850 51 150 54,450 50% 6561 703 843 975 1,087 26,250 30,000 33,750 37,500 40,500 43,500 46,500 49,50 45% 5901 632 759 877 978 23,625 27 000 30 375 33 750 36 450 39 150 41,850 44 550 40% 5251 562 675 780 870 21,000 24,000 27 000 30,000 32,400 34 800 37 200 39 600 30% 3931 421 506 585 652 15,750 18,006 20',25 22,500 24,306 2e, 10 27,90 29, 00 120% 1,155 1,2371 1,485 1,716 1,914 46,200 52,800 59,400 66,000 71,280 76,560 81,840 87,120 100% 962 1 031 1,237 1 430 1,595 38,500 44,0001 49,500 55 000 59,400 63 800 68,200 72,600 Mesa 80% 770 825 990 1 143 1,276 30,800 35,200 39,600 44,00 47,50 51,050 54,55 58,10 65% 625 670 804 929 1,036 25,025 28,600 32,175 35,750 38,610 41,470 44,330 47,190, 60% 577 618 742 858 957 23,100 26,400 29,700 33,000 35,640 38,280 40,920 43,560 55% 529 567 680 786 877 21,175, 24,20 27,225 30,250 32,670 35,090 37,510 39,930 50% 4811 515 618 7151 797 19,250 22,000 24,7501 27,500 29,700 31,900 34,10 36,300 45% 4331 464 556 643 717 17,3251 19,800 22,2751 24,750 26,730 28,710 30,690 32,670 40% 3851 412 495 572 638 15,400 17,600 19,8001 22,000 23,760 25 520 27 280 29,040 30% 2881 309 371 428 478 11,550 13,200 14,8501 1b,500 17,800 19"150 20,450- 21,800 120% 1,188 1,272, 1 527 1,76-2- 1-,9-6-5-. 47 520 -54,2-40- 61,080 67,800 73,200 78,600 84,120 89,520 100% 990 1,060 1,272 1,468 1,637 39,600, 4-512-0-0- 50,900 56 500 61,000 65,5001 70,100 74,600 Mineral 80% 791 847 1,017 1,175 1,311 31,650 36,150 40,700 45,200 48,800 52,450 56,050 59,650 65% 643 689 827 9541 1,064 25,740, 29,380 33,085 36,725 39,650 42,575 45,565 48,490 60% 594 636 763 8811 982 23,760 27,120 30,540 33,900 36,600 -39,30-0- 42,060 44 760 55% 544 583 699 807 900 21,780 24,860 27,995 31,075 33,550 36,025 38,555 41,030 50% 4951 530 636 734 818 19,800 22,600 25,45 28,250 30,500 32,750 35,050 37,300 45% 4451 477 572 660 736 17,820 20,340 22,905 25,425 27,450 29,475 31,545 33,570 40% 3961 424 509 587 655 15,840 18,080 20,360 22,600 24,400 26,200 28,040 29,840 30% 296 317 381 440 491 11,850 13,550 15,250 16,950 18,300 19,650 z1,UU0 22,350 120% 1,161 1,243 1,494 1,725 1,923 46,440 53 040 59,760 66,360 71,640 76-,9- 2-0- 82,320 87 600 100% 967 1,036 1,245 1,437 1,602 38,700 44,200 49,800 55,300 59,700 64,100 68,600 73,000 Moffat 80% 775 830 996 1-J-50- 1,283 3-1-,0-0-0- 35,400 39,85 44,25 47,800 51,350 54,850 58,400 65% 628 673 809 934 1,041 25,155 28,730, 32,370 35,945 38,805 41,665 44,590 47,450 60% 580 621 747 862 961 23,220 2-6-,-52-0- 29,880 330180, 35,820 38,460 41,160 43,800 55% 5321 569 684 790 881 21,285 24,310 27,390 30,415 32,835 35 255 37,730 40,150 50% 483 518 622 718 801 19,350 22,100 24,900 27,650 29,8501 32,050 34,300 36,500 45% 435 466 560 646 721 17,415 19,8901- 22,410 24,885, 26,8651 28,845 30,870 32,850 % 387 414 498 575 641 15480, 17,680 19,920 22 120 23,8801 25,640 27,4401 29 200 30% 290 311 373 431 481 11,6001 13,300 14,950 16,600 f7,Mj 19,250 20,6001 21,900 EXHIBIT D COLORADO DIVISION OF HOUSING INCOME & RENT TABLES FOR 300/o-1200/o OF MEDIAN INCOME FOR COLORADO COUNTIES HUD Release Date: February 13, 2008 MAXIMUM RENTS INCOME LIMITS County 0 BDRM 1 BDRM 2 BDRM 3 BDRM 4 BDRM 1 PERSON 2 PERSON 3 PERSON 4 PERSON 5 PERSON 6 PERSON 7 PERSON 8 PERSON 120% 1,131 1,212 1,455 1,681 1,875 45,240 51,720 58,200 64,680 69,840 75,000 80,160 85,320 100% 942 1,010 1,212 1,401 1,562 37,700 43,100 48,500 53,900 58,200 62,500 66,800 71,100 Morgan 80% 755 808 970 1 120 1 250 30,200 34 500 38,800 43,100 46,550 50,000 53,450 56,900 65% 612 656 788 910 1,015 24 505 28,015 31,525 35,035 37 830 40,625 43,420 46,215 60% 565 606 727 840 937 22,620 25,860 29,100 32,340 34,920 37,500 40,080 42,660 55% 518 555 666 770 859 20,735 2233,70055 26,675 29,645 -32-,0-1-0- 34,375 36,740 39,105 50% 4711 505 606 700 781 1-8-,8-5-0- 21,550 24,250 26,950 29,100 31,250 33,400 35,550 45% 424 454 545 630 703 16,965 19,395 21,825 24,255 26,190 28,125 30,060, 31,995 40% 377 404 485 560 625 15,080 17 240 19,400 21,5-6-0- 23,280 25,000 26,720 28,440 30% 282 303 363 420 468 11,300 12,950 14,550 16,150 17,450 18,750 20,050 21,350 120% 1,290 1,381 1,659 1 915 2,136 51,600 58,920 66,360 73,680 79,560 8--5,440-- 91,320 97,200 100% 1,075 1,151 1,382 1 596 1,780 43,000, 49,10-0- 55,300 61-140-0- 66,300 71 200 76,100 81,0001 Ouray 80% 858 920 1,105, 1,2-76- 1,42-3- 34,350 39 300 44,200 49,100 53,050 56,950 60,90 64,800 65% 698 748 898 1,0-37 1-11-5-7 27 950 31,915 35,945 39,910 43,095 46,280 49,465 52,650 60% 645 690 829 957 1,068 25,800 29,460 33,180 36,840 39,780 42,720 45,660 48,600 55% 591 633 760 877 979 23,650 27,005 30,415 33,770 465 39,160 41,855 44,550 50% 537 575 691 798 890 21,500 24,550 27,650 30,700 3 150 35,600 38,050 40,500 45% 483 518 622 718 801 19 350 22,095 24,885 27,630 9 835 32,040 34,245 36,450 40% 430 460 553 638 712 17,200 19 640 22,120 24,560 V36 6 520 28 480 30 440 32 400 30% 322 345 413 478 533 12,9 0 14' ,70 16,550 18,400 19, 1,350 22,80 24,300 120% 1 509 1 615 1 938 2 239 2 499 6-0-,3-6-0- 68 880 77 520 86 160 3 000 99,960 106,800 113,760 100% 1 257 1,346- 1 615 1,866 2-,0-8-2- 50 300 57,400 64,600 71,800 77 500 83,300 89,000 94,800 Park 80% 1 005 1 076 1,292 1,493 1,666 40,200 45 950 51,70 57,45 62,050 66,650 71,250 75,850 65% 817 875 1,049 1,213 1,353 32,695 37,310 41,990 46,670 50,375 54,145 57,850 61,620 60% 754 807 969 1,11-9- 1,249 3-0-,1-8-0- 34,440 38,760 43,080 46 500 49,980 53 400 56,880 55% 691 740 888 1,026 1,145 27,665 31,570 35,530 39,490 42,625, 45,815 48 950 52,140 50% 6281 673 807 933 1,041 2-5-j 50 28,700 32,3001 35,900 38,750 41,650 44,500 47,40 45% 565 605 726 839 937 22,635 25,830 29,070 32,310 34,8751 37,485 40,050 42,660 40% 538 646 746 833 20 120 22 960 25 840 28,720 31,000 33,320 35 600 37,920 30% 404 485 560 625 15,100 17' 2 0 19' 400 21,550 23,250 25,000 26, 0 28,450 120% j37 2 2-,1-9-6- 2 634 3,045 3 396 81,960 93,720 105,360 117,120 126 480 135,840 145 200 154,560 100% 1,830, 2,195 2,537 2,830 68,300 78,100 87,800 97,600 105 400 113,200 121 000 128,800 Pitkin 80% 1 116 1,195 1,435 1,657 1,848 4416-5-0 51,000 57,400 63,750 68,850 73,950 79,050 84,150 60% 1,024 1,098 1,317 1,522, 1,698 40-19-8-0- 46,860 52,680 58,560 63,240 67,920 72,600 77,280 55% 939 1,006 1,207 1,395 1,559 37,565 42,955 48,290 53,680 57,970 62,260 66,550 70,840 50% 853 915 1,097 1,268 1,415 34,150_ 39,050 43,900 48 800 52,700 56 600 60,500 64 400 45% 768 823 987 1 141 1,273 30,735 35,145 3-9-,5-1-0- 43,920 47,430 50 940 54 450 57 960 40% 683 732 878 1 015 1 132 27 320 31 240 35,120 39,040 42 160 45 280 48 400 51 520 30% 512 5491 658 761 850 20,500 23,4 26,350 29, 00 31,650 34,00 3 50 38,700 EXHIBIT D COLORADO DIVISION OF HOUSING INCOME & RENT TABLES FOR 300/o-1200/o OF MEDIAN INCOME FOR COLORADO COUNTIES HUD Release Date: February 13, 2008 MAXIMUM RENTS INCOME LIMITS County 0 BDRM 1 BDRM 2 BDRM 3 BDRM 4 BDRM 1 PERSON 2 PERSON 3 PERSON 4 PERSON 5 PERSON 6 PERSON 7 PERSON 8 PERSON 120% 1,131 1,212 1,455 1,681 1,875 45,240 51,720 58,200 64,680 69 840 75 000 80,160 85 320 100% 942 1,010 1,212 1,401 1,562 37,700 43,100 48,500 53,900 58,200 62,500 66,800 71,100 Pueblo 80% 755 808 970 1 120 1,250 30,200 34,500 38,800 43,100 46,550 50,000 53,450 56,900 65% 612 656 788 910 1,015 24 505 28,015, 3-1,52-5 35,035 37,830 40,625 43,420 46,215 60% 565 606 727 840 937 22,620, 25,860 29,100 32,340 34,920 37,500 40,080 42,660 55% 518 555 666 770 859 20,73 23,705 26,675, 2-9-,6-4-5 32,010 34,375 36,740 39,105 50% 471 505 606 700 781 18,850 2-1-,-55-0- 24,250 26,950 29,100 31 250 33,400 35 550 45% 424 454 545 630 703 16,965, 19,395 21,825 24,255 26,190 28,125 30,060 31,995 40% 377 404 485 560 625 15,080 17,240 19,400 21,560 23,280 25,000 26,720 28,440 30% 282 303 363 420 468 11,300 12,950 14,550 16,150 17,450 18,750 20,050 21,350 120% 1,194. 1,278 1,533 1,771 1,977 47,760 54,480 68,160, 73,560 79,080 84,480 90,000 100% 995 1,065 1,277 1,476 1,647 39,1800- 45 400 56 800 61,300 65 900 70,400 75 000 Rio Blanco 80% 795 851 1,022 1,181 1,317 31,800 36,350 M28,6100 45,450 49,100 52,700 56,350. 60,000 65% 646 692 830 959 1,070 2--5,8-7-0 29,510 36,920 39,845 42,835 45,760 48,750 60% 597 639 766 885 988 2--3,8-8-0- 27,240 34,080 36,780 39,540 42,240 45,000 55% 547 585 702 811 906 21,890 24,970 31,240 33,715 36,245 38,720 41,250. 50% 497 532 638 738 823 19,900 22,700 25,550 28,40 30,650 32,95 35,200 37,50 45% 4471 479 574 6641 741 17,910 20,430, 2-2-,9-9- -5 25,560 27,585 29,655 31,680 33,750 40% 3981 426 511 590 659 15,920 18,160 20,440 22 720 24 520 26,360 28,160 30 000 30% 298 320 383 443 495 11,95U 13,650 15,350 17,050 18,400 19,800 21,150 ---=22t F5 120% 1,590 1,704 2,043, 2,362 2,634 63,600 72,720 81,720 90,840 98,160 105,360 112,680 119,880 100% 1,325 1,420 1,702 1,968 2,195 53,000 60,600 68,100 75,700 81,800 87,800 93,900 99,900 Routt 80% 1 060 1,135 1,36-2- 1-1-574 1 756 42,400 48,45 54,50 60,550 65,400 70,250 75,10 79,95 65% 861 923 1,106 1,279 1,426 34,450 39,390 44,265 49 205 53,170 57 070 61,035 64 935 60% 795 852 1 021 1 1 81 1 317 31,800 36,360 40,860 45,420 49 080 52,680 56 340 59 940 55% 7281 781 936 1,082 1,207 29,150 33,330 37,455 41,635 44,990 48,290 51,645 54,945 50% 6621 710 851 984 1,097 26,500 30,300 34,05 37,850 40,900 43,900 46,95 49,950 45% 5961 639 766 885 987 23,850 227,22700 30,645 34,065 36 810 39 510 42-,2--5-5 44,955 40% 5301 568 681 787 878 21,200 24,240 27 240 30,280 32,720 35 120 37,560 -19960 30% 397 425 511 590 658 15,900 18,150 20,450 22,70U 24,500 26,350 2 ,150 9, 120% 1,554 1,665 1,998, 2,308 2,574 62,160 71,040 79,920 88,800 95,880 102,960 110,160 117,240 100% 1,295 1,387 1,665 1,923 2,145 51,800 59,200 66,600 74,000 79,900 85,800 91,800 97,700 San Miguel 80% 1,036 1,110 1,332 1,539 1,716 41,45 47,350 53,300 59,200 63,95 68,65 73,400 78 150 65% 841 901 1,082 1 250 1 394 33 670 38,480 43,290 48 100 51,935 55,770 59,670 63,505 60% 777 832 999 1,154 1,287 31 080 35,520 39,960 44,400 4719-40- 51,480 55,080 58,620 55% 7121 763 915 1,0581 1,179 28,490 32,560 36,630 40,700 43,945 47,190 50,490 53,735 50% 647 693 832 961 1,072 25,900 29,600 33,300 37,000 39,95 42,90 45,900 48,85 45% 582 624 749 865 965 23,310 26,640 2-9-,9-70- 33,300 35-,9- 5-5 38,610 41,310 43 965 40% 518 555 666 769 858 20,720 23 680 26,6401 29,600 31,960 34,320 36 720 39 080 300/. 388 416 500 577 643 15,550 17,750 Z0,0001 22,200 24,000 25,750 27,550 29,300 EXHIBIT D COLORADO DIVISION OF HOUSING INCOME & RENT TABLES FOR 30% -120% OF MEDIAN INCOME FOR COLORADO COUNTIES HUD Release Date: February 13, 2008 MAXIMUM RENTS INCOME LIMITS County 0 BDRM 1 BDRM 2 BDRM 3 BDRM 4 BDRM 1 PERSON 2 PERSON 3 PERSON 4 PERSON S PERSON 6 PERSON 7 PERSON 8 PERSON *Other non -metro counties include: Alamosa, Archuleta, Baca, Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Delta, Dolores, Fremont, Huerfano, Jackson, Kit Carson, Las Animas, Lincoln, Logan, Montezuma, Montrose, Otero, Phillips, Prowers, Rio Grande, Saguache, San Juan, Sedgwick, Washington, Yuma These income and rent limits are calculated using the HUD income limits. HUD income limit areas are also used, including the HUD - defined metropolitan statistical areas. 120% 1,707 1,828 2,196 2,536 2,829 68,280 78,000 87,840 97,560 105,360 113 160 120,960, 128 760 100% 1,422 1,523 1,830 2,113 2,357 56,900 65,000 73,200 81,300 87,800 94,300 100,800 107,300 Summit 80% 1 076 1,153 1 383 1,598 1 783 43,050 49,200 55,350 61,500 66,400 71,350 76,250 81,20 65% 924 990 1,189 1,373 l,532, 36,985 42,250 47,580 52,845 57,070 61,295 65,520 69,745 60% 853 914 1,098 1,268 1,414 34,140 39,000 43,920 48,780 52,680 56,580 60,480 64,380 55% 7821 838 1,006 1,1621 1,296 31,295 35,7501 40,260 44,715 48,290 51,865 55,440 59,015 50% 7111 761 915 1,056 1,178 28,450 32,500 36,600 40,650 43,900 47,150 50,400 53,65 45% 640 685 823 951 1,060 25 605 29,250, 3-2,940- 36,585 39,510 42,435 45 360 48,285 40% 569 609 732 845 943 22 760 26 000 29 280 32 520 35 120 37 720 40 320 42 920 30% 427 457 548 634 707 , 120% 1,455 1,558 1,872 2,161 2,412 58,200 66,480 74,880 83,160 89,760 96,480 103,080 109,800 100% 1,212 1,298 1,560 1,801 2,010 48,500 55,400 62,4001 69,300 74,800 80,400 85,900 91,500, Teller 80% 970 1,039 1,247 38,800 44,350 49,900 55,450 59,900 64,300 68,750 73,20 65% 788 844 1,014 31,525 36,010 40,560 45,045 48,620 52,260 55,835 59,475 60% 727 779 936 29,100 33,240 37,440 41,580 44,880 48,240 51,540 54,900 55% 666 714 858 1720 i804 26,675 30,470 34 320 38,115 41 140 44,220 47 245 50,325 50% 606 649 780 24,25 27,700 31 200 34,650 37,40 40,20 42,950 45,75 45% 545 584 702 21,825 24,930 28,080 31,185 33,660 36,180 38,65 41,175. 40% 485 519 624 19-400 22 160 24,9601 27 720 29 920 32,160, 34 360 36 600 30% 3631 390 467 540 603 120% 1,344 1,440- 1,728 1 996 222-6- 53 760 6-1,440- 69,120 76,800 8_2_'9_ 2-0- 89,040 95 280 101,400 100% 1,120 1,200 1,440 1,663 1,855 44,800 51,200 57,600 64,000 69,100 74,200 79,400 84,500 Weld 80% 896 960 1,152 1,331 1,485 35,850 40,950 46,100 51,20 55,30 59,40 63,50 67,60 65% 728 780 936 1,081 1,205 29,120 33,280 37,440 41,600 44,915 48,230 51,610 54,925 60% 672 720 864 998 1,113 26,880 30,720 34,560 38,400 41,4601 44,520 47,640 50,700 55% 616 660 792 9151 1,020 24 640 28,160 31-6-8-0- 35,200 38,005 40 810 43,670 46 475 50% 5601 600 720 8311 927 22,400 25,600 28,800 32,000 34,550 37,100 39,700 42,25 45% 5041 540 648 7481 834 20,160 23,040 25,920 28 800 31,095 33,390 35,730 38,025, 40% 4481 480 576 665 742 17,920 20 480 23 040 25,600 27 640 29 680 31,760 33 800 30% 336 3601 432 499 556 , 120% 1,131 1,212 1,455 1 681 1-18-7-5 45 240 51,7201 58,200 64,680 69840 75,000 80,160 85,320 *Other 100% 942 1,010 1 212 1 401 1 562 37,700 43,1001 48,500 53,9001 58,200 62,500 66 800 71,100 Non -Metro 80% 755 808 970 1f120 1,250 30,200 34,500 38,800 43,100 46 550 50,000 53,450 56 900 Counties 65% 612 656 788 910 1f015 24 505 28,015, 31,525 35,035 37,830 40,625 43,420 46 215 See Below) 60% 565 606 727 840 937 22,620 25 860 29,100 32 340 34f920 37 500 40,080 42 660 55% 5181 555 666 770 859 20 735 23 705 26f675 29,645 32,010 34,375 36,740 39,105 50% 471 505 606 700 781 18,850 21 550 2-4f2--5-0 26,950 29,100 31,250 33,4001 35 550 45% 424 454 545 630 703 16 965 19f395 21 f 825 24,255 26 190 28,125 30,060 31,995 40% 377 404 485 560 625 15,0801 17,2401 19,4001 21,550 23,2801 25 000 26,7201 28,440 30% 282 303 363 420 468 11f3001 12,9501 14,5501 16,150 17f4501 18,750 20,0501 21,350 *Other non -metro counties include: Alamosa, Archuleta, Baca, Bent, Chaffee, Conejos, Costilla, Crowley, Custer, Delta, Dolores, Fremont, Huerfano, Jackson, Kit Carson, Las Animas, Lincoln, Logan, Montezuma, Montrose, Otero, Phillips, Prowers, Rio Grande, Saguache, San Juan, Sedgwick, Washington, Yuma These income and rent limits are calculated using the HUD income limits. HUD income limit areas are also used, including the HUD - defined metropolitan statistical areas. OFFICE OF THE COUNTY ATTORNEY (970) 328 -8685 FAX: (970) 328 -8699 www.eaglecounty.us September 8, 2008 EAGLE COUNTY Colorado Housing and Finance Authority 1981 Blake Street Denver, Colorado 80202 -1272 Gentlemen: BRYAN R.TREU County Attorney I am an attorney duly admitted to practice in the State of Colorado (the "State "). I have acted as counsel for Eagle County (the "County ") in connection with the assignment by the County to the Colorado Housing and Finance Authority (the "Authority ") of the County's allocation of the ceiling on private activity bonds which may be issued in the State during the period from January 1 to December 31, 2008 (the "2008 Allocation "), under Part 17 of Article 32 of Title 24 of the Colorado Revised Statutes (the "Allocation Act "). This assignment is being effected pursuant to a Resolution adopted by the Board of County Commissioners on September 8, 2008, and an Assignment of Allocation dated September 8, 2008 (the "Assignment of Allocation "), between the County and the Authority. I have examined, among other things, a copy of the Resolution. I have also examined the Constitution of the State and such statutes and regulations as I deemed appropriate, including, without limitation, certificates of public officials and of officers and representatives of the County, and such other documents as I have deemed necessary as a basis for the opinions hereinafter expressed. In the course of such examinations, I have assumed the genuineness of all signatures and the authenticity of all documents submitted to me as copies. Based upon the foregoing, it is my opinion that: 1. Eagle County is a County validly existing under the Constitution and the laws of the State. 2. The County has full legal right, power and authority: (a) to assign its 2008 Allocation, or a portion thereof, in accordance with the Resolution and the Assignment of Allocation; (b) to adopt the Resolution; (c) to execute and deliver the Assignment of Allocation; and (d) to perform its obligations under the Resolution. 3. The adoption or the execution and delivery and the performance of the County of the Resolution and the Assignment of Allocation and the performance of the c \bryan \misc\allocationopinionletter Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850 Colorado Housing and Finance Authority September 8, 2008 Page 2 County's obligations thereunder have been duly authorized by the County, and each have been duly adopted or executed and delivered by the County, and each of them constitute valid and binding obligations of the County enforceable in accordance with its terms. 4. The adoption of the Resolution and the execution and delivery of the Assignment of Allocation and compliance with the terms, conditions and provisions of each thereof by the County will not conflict with or result in a breach or violation of any of the terms, conditions or provisions of the Constitution or the laws of the State, local ordinances, resolutions, charter, bylaws, or other regulations, or any other governmental authority of any nature whatsoever as now existing, or to the best of my knowledge, any agreement or instrument to which the County is now a party or by which it is bound, or constitute a default thereunder. 5. With respect to the 2008 Allocation, or a portion thereof, being assigned to the Authority pursuant to the Resolution and the Assignment of Allocation, the County has not: (a) issued private activity bonds; (b) assigned the allocation to another "issuing authority" as such term is defined in the Allocation Act; (c) made a mortgage credit certificate election; or (d) treated the allocation as an allocation for a project with a carryforward purpose. 6. No approval, permit, consent or authorization applicable to the County and not already obtained by the County of any government or public agency, authority or person is required in connection with the adoption of the execution and delivery by the County of, and the performance by it of its obligations under, the Resolution and the Assignment of Allocation. This opinion may be relied upon by: (i) the Authority's Bond Counsel in rendering its opinion in connection with the issuance by the Authority of revenue bonds; and (ii) each institution which may act as an underwriter of any such revenue bonds. Sincerely, Bryan R. Treu County Attorney c \bryan \misc\allocationopinionletter