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HomeMy WebLinkAboutC10-142 Home Investment Partnerships Program(~untract Rixuin ~# Vrn~lur liR4-60007h2 1 fi>r Remit ,address) ('FDAt# l~?39 CONTRACT HOME INVESTMENT PARTNERSHIPS PROGRAM (GRANT) THIS CONTRACT, by and between the State of Colorado for the use and benefit of the Department of Local Affairs. 1313 Sherman Street. Denver Colorado 80203 hereinafter referred to as the State and Eagle Countv Post Office 850, Eagle Colorado 81631 hereinafter referred to as the Contractor. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise available and a sufficient unencumbered balance thereof remains available for payment in Fund Number Appropriation Code , Org. Number , GBL Number Contract Encumbrance Number HOHOM09062 and, WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and, WHEREAS, the United States Government, through the National Affordable Housing Act of 1990 ("NAHA") Pub. L. No. 101-625, has established the Home Investment Partnerships Program (HOME), and has allowed each state to elect to administer such federal funds, subject to certain conditions, for the purpose of expansion of the supply of decent, safe, sanitary, and affordable housing, with primary attention to rental housing, for persons whose income is less than or equal to eighty percent of area median income. WHEREAS, the State of Colorado has elected to administer such federal funds for its nonentitlement areas through the Colorado Department of Local Affairs ("Department"), Division of Housing, pursuant to 24-32-705(1) (i); and WHEREAS, the Department has received applications from political subdivisions, nonprofit organizations, and for profit corporations, and Community Housing Development Organizations (CHDOs) in Colorado for allocations from the federal HOME funds available to Colorado; and WHEREAS, the Contractor is one of the eligible political subdivisions, nonprofit organizations, for profit corporations, or community housing development organizations to receive HOME funds; and WHEREAS, the Executive Director is willing to provide assistance in the form of a grant from the HOME program to the Contractor for the Project upon mutually agreeable terms and conditions as hereinafter set forth; and WHEREAS, the Department has approved the proposed Project of the Contractor; NOW THEREFORE it is hereby agreed that: 1. Scope of Services. In consideration for the monies to be received from the Home Investment Partnership Program, the Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work elements as indicated in the "Scope of Service," set forth in Exhibit A, which is attached hereto and is incorporated herein by reference, and is hereinafter referred to as the "Project." Work performed prior to the execution of this Contract shall not be considered part of this Project. 2. Responsible Administrator. The performance of the services required hereunder shall be under the direct supervision of Jill Klosterman, an employee or agent of Contractor, who is hereby designated as the responsible administrator of this Project. At any time the responsible administrator is not assigned to this Project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement responsible administrator and the State receives notification of such replacement assignment. 3. Time of Performance. This Contract shall become effective upon proper execution by the State Controller or designee. The Project contemplated herein shall commence as soon as practicable after the execution of this Contract and shall be undertaken and performed in the sequence set forth in the attached Scope of Services. The Contractor agrees that time is of the essence in the performance of its obligations under this Contract, and that completion of the Project shall occur no later than the termination date set forth in the Scope of Services. 4. Eligible Activities. The Contractor shall ensure that all project activities will be eligible under 24 CFR Part 92, Section 205 through 209 and Section 212, and all related regulations. Page 1 of 16 Pages made LI~-1~1! Obligation, Expenditure and Disbursement of Funds. a) Prior Expenses. Expenses incurred by the Contractor in association with said Project prior to execution of this Contract are not eligible HOME expenditures and shall not be reimbursed by the State. b) Environmental Review Procedures. Funds shall not be obligated or utilized for any activities requiring a release of funds by the State under the Environmental Review Procedures for the HOME program at 24 CFR Parts 58 until such release is issued in writing. For administrative costs, reasonable engineering and design costs, and the costs of other exempt activities listed under 24 CFR 58.34(a)(1-8), the Contractor must notify the state in writing that these costs are exempt activities. Categorically excluded activities listed under §58.35 and projects which require the completion of an environmental assessment must have written documentation of compliance and a written release of funds from the state. Definition of Beneficiaries. Eligible beneficiaries are defined, for the purposes of this contract, as those persons who are members of families whose annual adjusted income does not exceed eighty percent (80%) of the median income for the area as determined by U.S. Department of Housing and Urban Development. The effective incomes for all areas of the state of Colorado by family size is set forth in Exhibit B, which is attached hereto and incorporated herein by reference. Residential Anti-displacement and Relocation Assistance Plan. The Contractor shall follow a residential anti- displacement and relocation assistance plan which, should permanent or temporary displacement occur, incorporates the following requirements: (a) Minimizing displacement. Consistent with the other goals and objectives of this part, the contractor must ensure that it has taken all reasonable steps to minimize the displacement of persons (families, individuals, businesses, nonprofit organizations, and farms) as a result of a project assisted with HOME funds. To the extent feasible, residential tenants must be provided a reasonable opportunity to lease and occupy a suitable, decent, safe, sanitary, and affordable dwelling unit in the building/complex upon completion of the project. (b) Temporary relocation. The following policies cover residential tenants who will not be required to move permanently but who must relocate temporarily for the project. Such tenants must be provided: (1) Reimbursement for all reasonable out-of-pocket expenses incurred in connection with the temporary relocation, including the cost of moving to and from the temporarily occupied housing and any increase in monthly rent/utility costs. (2) Appropriate advisory services, including reasonable advance written notice of: (i) The date and approximate duration of the temporary relocation; (ii) The location of the suitable, decent, safe, and sanitary dwelling to be made available for the temporary period; (iii) The terms and conditions under which the tenant may lease and occupy a suitable, decent, safe, and sanitary dwelling in the building/ complex upon completion of the project; and (iv) The provisions of paragraph (bx1) of this section. (c) Relocation assistance for displaced persons. (1) General. A displaced person (defined in paragraph (c)(2) of this section) must be provided relocation assistance at the levels described in, and in accordance with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4201-4655) and 49 CFR part 24. A "displaced person" must be advised of his or her rights under the Fair Housing Act and, if the comparable replacement dwelling used to establish the amount of the replacement housing payment to be provided to a minority person is located in an area of minority concentration, the minority person also must be given, if possible, referrals to comparable and suitable, decent, safe, and sanitary replacement dwellings not located in such areas. (2) Displaced Person. (i) For purposes of paragraph (c) of this section, the term displaced person rneans a person (family individual, business, nonprofit organization, or farm, including any corporation, partnership or association) that moves from real property or moves personal property from real property, permanently, as a direct result of acquisition, rehabilitation, or demolition for a project assisted with HOME funds. This includes any permanent, involuntary move for an assisted project, including any permanent move from the real property that is made: (A) After notice by the owner to move permanently from the property, if the move occurs on or after: Page 2 of 16 Pages (1) Tfie date of the submission of an application to the contractor or the State, if the applicant has site control and the application is later approved; or (2) The date the contractor approves the applicable site, if the applicant does not have site control at the time of the application; or (B) Before the date described in paragraph (cx2)(iKA) of this section, if the State or HUD determines that the displacement resulted directly from acquisition, rehabilitation, or demolition for the project; or (C) By atenant-occupant of a dwelling unit, if any one of the following three situations occurs: (1) The tenant moves after execution of the agreement covering the acquisition, rehabilitation, or demolition and the move occurs before the tenant is provided written notice offering the tenant the opportunity to lease and occupy a suitable, decent, safe, and sanitary dwelling in the same building/complex upon completion of the project under reasonable terms and conditions. Such reasonable terms and conditions must include a term of at least one year at a monthly rent and estimated average monthly utility costs that do not exceed the greater of: (i) The tenant's monthly rent before such agreement and estimated average monthly utility costs; or (ii) The total tenant payment, as determined under 24 CFR 813.107, if the tenant is low-income, or 30 percent of gross household income, if the tenant is not low-income; or (2) The tenant is required to relocate temporarily, does not return to the building/complex, and either (i) The tenant is not offered payment for all reasonable out-of- pocket expenses incurred in connection with the temporary relocation; or (ii) Other conditions of the temporary relocation are not reasonable; or (3) (i) The tenant is required to move to another dwelling unit in the same building/complex but is not offered reimbursement for all reasonable out-of-pocket expenses incurred in connection with the move, or other conditions of the move are not reasonable. (ii) Notwithstanding paragraph (c)(2)(i) of this section, a person does not qualify as a displaced person if: (A) The person has been evicted for cause based upon a serious or repeated violation of the terms and conditions of the lease or occupancy agreement, violation of applicable federal, State or focal law, or other good cause, and the participating jurisdiction determines that the eviction was not undertaken for the purpose of evading the obligation to provide relocation assistance. The effective date of any termination or refusal to renew must be preceded by at least 30 days advance written notice to the tenant specifying the grounds for the action. (B) The person moved into the property after the submission of the application but, before signing a lease and commencing occupancy, was provided written notice of the project, its possible impact on the person (e.g., the person may be displaced, temporarily relocated, incur a rent increase), and the fact that the person would not qualify as a "displaced person" (or for any assistance under this section) as a result of the project; (C) The person is ineligible under 49 CFR 24.2(8)(2); or (D) HUD determines that the person was not displaced as a direct result of acquisition, rehabilitation, or demolition for the project. (iii) The jurisdiction may, at any time, ask HUD to determine whether a displacement is or would be covered by this rule. Page 3 of 16 Pages (3) Initiation of negotiations. For purposes of determining the formula for computing replacement housing assistance to be provided under paragraph (c) of this section to a tenant displaced from dwelling as a direct result of private-owner rehabilitation, demolition or acquisition of the real property, the term initiation of negotiations means the execution of the agreement covering the acquisition, rehabilitation, or demolition. (d) Optional relocation assistance. The contractor may provide relocation payments and other relocation assistance to families, individuals, businesses, nonprofit organizations, and farms displaced by a project assisted with HOME funds where the displacement is not subject to paragraph (c) of this section. The contractor may also provide relocation assistance to persons covered under paragraph (c) of this section beyond that required. For any such assistance that is not required by State or local law, the contractor must adopt a written policy available to the public that describes the optional relocation assistance that it has elected to furnish and provides for equal relocation assistance within each class of displaced persons. (e) Residential antidisplacement and relocation assistance plan. The contactor shall comply with the requirements of 24 CFR part 42, subpart B. (f) Real property acquisition requirements. The acquisition of real property for a project is subject to the URA and the requirements of 49 CFR part 24, subpart B. (g) Appeals. A person who disagrees with the contractor's determination concerning whether the person qualifies as a displaced person, or the amount of relocation assistance for which the person may be eligible, may file a written appeal of that determination with the contractor. Alow-income person who is dissatisfied with the contractor's determination on his or her appeal may submit a written request for review of that determination to the Colorado Division of Housing. Affordability Requirements. The Contractor shall ensure that housing units produced through the activities of new construction and/or through rehabilitation of existing units remain affordable for the period required under 24 CFR Part 92, Section 252 and 254, respectively. Affirmatively Furthering Fair Housing. The Contractor shall affirmatively further fair housing in addition to conducting and administering its Project in conformity with the equal opportunity requirements of Title Vf of the Civil Rights Act of 1964 and the Fair Housing Act, as required herein. 10. Affirmative Marketing Plan. The Contractor shall prepare and follow an affirmative marketing plan, if the HOME assisted rental or homeowner project contains more than five (5) housing units, which provides: a) affirmative marketing steps consisting of actions to provide information and otherwise attract eligible persons in the housing market area without regard to race, color, national origin, sex, religion, familial status or disability from all racial, ethnic, and gender groups in the housing market area to the available housing; and, b) provisions to annually assess the affirmative marketing program to determine the success of affirmative marketing actions and any necessary corrective actions. c) The affirmative marketing requirements and procedures adopted must include: 1) Methods for informing the public, owners, and potential tenants about federal fair housing laws and the Contractors affirmative marketing policy (e.g., the use of the Equal Housing Opportunity logotype or slogan in press releases and solicitations for owners, and written communication to fair housing and other groups); 2) Requirements and practices each owner must adhere to in order to carry out the Contractor's affirmative marketing procedures and requirements (e.g. use of commercial media, use of community contacts, use of the Equal Housing Opportunity logotype or slogan, and display of fair housing poster); 3) Procedures to be used by owners to inform and solicit applications from persons in the housing market area who are not likely to apply for the housing without special outreach (e.g., use of community organizations, places of worship, employment centers, fair housing groups, or housing counseling agencies); 4) Records that will be kept describing actions taken by the Contractor and by owners to affirmatively market units and records to assess the results of these actions; and 5) A description of how the Contractor will assess the success of affirmative marketing actions and what corrective actions will be taken where affirmative marketing requrements are not met. Page 4 of 16 Pages d) All units of general local government who receive HOME funding must adopt affirmative marketing procedures and requirements that meet the requirement in paragraphs a) and b) of this section. 1 1. Minority Outreach. The Contractor must prescribe to the State the procedures it will use to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, including, without limitation, real estate firms, construction firms, appraisal firms, management firms, financial institutions, investment banking firms, underwriters, accountants, and providers of legal service. Affirmative steps, as outlined in Section 85.36(e) of this title, to be taken are the following: (a) placing qualified small and minority businesses and women's business enterprises on solicitation lists; (b) assuring that small and minority businesses, and women's business enterprises are solicitated whenever they are potential sources; (c) dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (d) establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; (e) using the services and assistance of the Small Business Development Agency of the Department of Commerce; and, (f) requiring the prime contractor, if subcontracts are to be let, to take all of the above mentioned affirmative steps. 12. Section 3 Requirements. Unless noted in "Exhibit A, Scope of Services" this contract is subject to the following: a) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 70u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b) The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons) taking applications for each of the positions; and the anticipated date the work shall begin. d) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. e) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 13. Compensation and Method of Payment. The State has allocated for the Contractor in the state's HOME account, in consideration for the work and services to be performed, a grant amount not to exceed 432 000, method and time of payment shall be made in accordance with the "Payment Schedule" set forth in Exhibit A: Scope of Services. Page 5 of 16 Pages 14. Financial Management. At all times from the effective date of this Contract until completion of this Contract, the Contractor shall comply with the administrative requirements, cost principles and other requirements set forth in OMB Circular No. A-87 and the following requirements of 24 CFR part 85, Sections 6, 12, 20, 22, 26, 32, 33, 34, 36, 44, 51, and 52 for state recipients and any governmental subrecipients, and OMB Circular No. A-122 and the requirements of 24 CFR Part 84, Sections 2, 5, 13-16, 21, 22, 26-28, 30, 31, 34-37, 40-48, 51, 60-62, 62, 72 and 73 for nonprofit organizations. 15. Audit. All audits must be conducted in accordance with 24 CFR part 44 and 45, as applicable. In accordance with §44.14, the State may withhold future funds if the Contractor shows continued inability or unwillingness to have a proper audit. Other appropriate sanctions may include: (a) withholding a percentage of assistance payments until the audit is completed satisfactorily; (b) withholding or disallowing overhead costs; and (c) suspending a future contract until the audit is received. a) Discretionary Audit. The State, through the Executive Director of the Department, the State Auditor, or any of their duly authorized representatives, including an independent Certified Public Accountant of the State's choosing, or the federal government or any of its properly delegated or authorized representatives shall have the right to inspect, examine, and audit the Contractor's (and any subcontractor's) records, books, accounts and other relevant documents. Such discretionary audit may be requested at any time and for any reason from the effective date of this Contract until five (5) years after the date of the approved project close out letter for this Project or for the required term of affordability of this Project whichever is longer. b) Mandatory Audit for Local Governments. Whether or not the State calls for a discretionary audit as provided above, the Contractor shall include the Project in its annual audit report as required by the Colorado Local Government Audit Law, C.R.S. 1973, 29-1-601, et seg and the Single Audit Act of 1996, as amended Pub. L. 104-156, and federal and State implementing rules and regulations. Such audit reports shall be simultaneously submitted to the Division of Housing and the State Auditor. Thereafter, the Contractor shall supply the Division of Housing with copies of all correspondence from any auditor related to the relevant audit report. If the audit reveals evidence of non-compliance with applicable requirements, the Department reserves the right to institute compliance or other appropriate proceedings notwithstanding any other judicial or administrative actions filed pursuant to C.R.S. 1973, 29-1-607 or 29-1-608. c) Mandatory Audit for nonprofit organizations and CHDOs. Whether or not the State calls for a discretionary audit as provided above, the Contractor shall include the Project in its annual audit report. Such audit reports shall be submitted to the Division of Housing. Thereafter, the Contractor shall supply the Division of Housing with copies of all correspondence from auditors related to the relevant audit report. 16. Contract Suspension. If the Contractor fails to comply with any contractual provision, the State may, after notice to the Contractor, suspend the contract and withhold further payments or prohibit the Contractor from incurring additional obligations of contractual funds, pending corrective action by the Contractor or a decision to terminate in accordance with provisions herein. The State may determine to allow such necessary and proper costs which the Contractor could not reasonably avoid during the period of suspension provided such costs were necessary and reasonable for the conduct of the project. 17. Contract Termination. This contract may be terminated as follows: a) Termination Due to Loss of Funding. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated with federal HOME funds provided to the State for the purpose of contracting for the services provided for herein or with program income, and therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State, the State may immediately terminate or amend this Contract. b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the State shall thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may ~roithhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State from the Contractor is determined. Page 6 of 16 Pages c) Termination for Convenience. The State may terminate this Contract at any time the State desires. The State shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in subparagraph 17 b) above Shall, at the option of the State, become its property. If the Contract is terminated by the State as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made: Provided, however, that if less than sixty percent (60%) of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Paragraph 17b hereof relative to termination shall apply. 18. Modification and Amendment. a) Modification by Operation of Law. This Contract is subject to such modifications as may be required by changes in federal or state law or regulations. Any such required modification shall be incorporated into and be part of this Contract as if fully set forth herein. Page 7 of 16 Pages d) Other Modifications. If either the State or the Contractor desired to modify the terms of this Contract other than as set forth in subparagraphs 18.b) and 18.c) above, written notice of the proposed modification shall be given to the other party. No such modification shall take effect unless agreed to in writing by both parties in an amendment to this Contract properly executed and approved in accordance with applicable law. Any amendment required per this subparagraph will require the approval of other state agencies as appropriate, e.g. Attorney General, State Controller, etc. 19. Integration. This Contract, as written, with attachments and references, is intended as the complete integration of all understandings between the parties at this time and no prior or contemporaneous addition, deletion or amendment hereto shall have any force or effect whatsoever, unless embodied in a written authorization or contract amendment incorporating such changes, executed and approved pursuant to applicable law. 20. Conflict of Interest. a) In the Case of Procurement. In the procurement of supplies, equipment, construction and services by the Contractor and its subcontractors, no employee, officer or agent of the Contractor or its subcontractors shall participate in the selection or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the employee, officer or agent; any member of his immediate family; his partner; or an organization which employs, or is about to employ, any of the above, has a financial or other interest in the party or firm selected for award. Officers, employees or agents of the Contractor and its subcontractors shall neither solicit nor accept gratuities, favors or anything of monetary value from parties or potential parties to contracts. Unsolicited items provided as gifts are not prohibited if the intrinsic value of such items is nominal. b) In all Cases Other Than Procurement. In all cases other than procurement (including the provision of housing rehabilitation assistance to individuals, the provision of assistance to businesses, and the acquisition and disposition of real property), no persons described in subparagraph i) below who exercise or have exercised any functions or responsibilities with respect to HOME activities or who are in a position to participate in adecision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their employment tenure or for one year thereafter. Persons Covered. The conflict of interest provisions of paragraph b) this section apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the Contractor or of any designated public agencies or subcontractors receiving HOME funds. ii) Threshold Requirements for Exceptions. Upon the written request of the Contractor, the State will forward to HUD a request for an exception to the provisions of the subparagraph b) when it determines that such an exception will serve to further the purposes of the HOME program and the effective and efficient administration of the Contractor's Project. An exception may be considered only after the Contractor has provided in writing the following: a disclosure of the nature of the conflict, accompanied by an assurance that (1) there has been or will be a public disclosure of the conflict and a description of how the public disclosure was or will be made; and (2) the affected person has withdrawn from his or her functions or responsibilities, or the decision-making process with respect to the specific HOME-assisted activity in question; and, an opinion of the Contractor's attorney that the interest for which the exception is sought would not violate State or local law; and a written statement signed by the chief elected official or executive director of the Contractor holding the State harmless from all liability in connection with any exception which may be granted by the State to the provisions of this subparagraph b) above In All Cases Other Than Procurement; iii) Factors to be Considered for Exceptions. In determining whether to grant a requested exception after the Contractor has satisfactorily met the requirements of subparagraph ii) above, the State shall consider the cumulative effect of the following factors, where applicable: whether the exception would provide a significant cost benefit or an essential degree of expertise to the Project which would otherwise not be available; b. whether an opportunity was provided for open competitive bidding or negotiation; Page 8 of 16 Pages c. whether the person affected is a member of a group or class of low or moderate income persons intended to be beneficiaries of the HOME assisted activity, and the exception will permit such person to receive generally the same benefits as are being made available or provided to the group or class; d. whether the affected person there has withdrawn or from his or her functions or responsibilities, or the decision making process with respect to the specific HOME-assisted activity in question; e. whether the interest or benefit was present before the affected person was in a position as described in this subparagraph b) i) Persons Covers; f. whether undue hardship will result either to the Contractor or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and g. any other relevant considerations. c) Owners and Developers. (1) No owner, developer or sponsor of a project assisted with HOME funds (or officer, employee, agent or consultant of the owner, developer or sponsor) whether private, for profit or non-profit (including a community housing development organization (CHDO) when acting as an owner, developer or sponsor) may occupy aHOME-assisted affordable housing unit in a project. This provision does not apply to an owner-occupant of single-family housing or to an employee or agent of the owner or developer of a rental housing project who occupies a HOME assisted unit as the project manager or maintenance worker. (2) Exceptions. Upon written request of a housing owner or developer, the Contractor may request in writing from the State an exception to the provisions of paragraph cK 1) of this section on a case-by-case basis when it determines that the exception will serve to further the purposes of the HOME program and the effective and efficient administration of the owners or developer's HOME-assisted project. In determining whether to grant a requested exception, the State shall consider the following factors: (i) Whether the person receiving the benefit is a member of a group or class of low-income persons intended to be the beneficiaries of the assisted housing, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (ii) Whether the person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted housing in question; (iii) Whether the tenant protection requirements of §92.253 are being observed; (iv) Whether the affirmative marketing requirements of §92.351 are being observed and followed; and (v) Any other factor relevant to the participating jurisdiction's determination, including the timing of the requested exception. 21. Compliance with Applicable Laws. At all times during the performance of this Contract, the Contractor and any subcontractors shall strictly adhere to all applicable federal and State laws, orders, and all applicable standards, regulations, interpretations or guidelines issued pursuant thereto. The applicable federal laws and regulations include: a) National Environmental Policy Act of 1969 (42 USC 4321 et seq.), as amended, and the implementing regulations of HUD (24 CFR Part 58) and of the Council on Environmental Quality (40 CFR Parts 1500 - 1508) providing for establishment of national policy, goals, and procedures for protecting, restoring and enhancing environmental quality. b) National Historic Preservation Act of 1966 (16 USC 470 et seq.), as amended, requiring consideration of the effect of a project on any district, site, building, structure or object that is included in or eligible for inclusion in the National Register of Historic Places. c) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 FR 8921 et seq.) requiring that federally-funded projects contribute to the preservation and enhancement of sites, structures and objects of historical, architectural or archaeological significance. Page 9 of 16 Pages d) The Archaeological and Historical Data Preservation Act of 1974, amending the Reservoir Salvage Act of 1960 (16 USC 469 et seq.), providing for the preservation of historic and archaeological data that would be lost due to federally-funded development and construction activities. e) Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR 26951 et seq.) prohibits undertaking certain activities in flood plains unless it has been determined that there is no practical alternative, in which case notice of the action must be provided and the action must be designed or modified to minimize potential damage. f) Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et seq.) requiring review of all actions proposed to be located in or appreciably affecting a wetland. Undertaking or assisting new construction located in wetlands must be avoided unless it is determined that there is no practical alternative to such construction and that the proposed action includes all practical measures to minimize potential damage. g) Safe Drinking Water Act of 1974 (42 USC 201, 300 f et seq., 7401 et seq.), as amended, prohibiting the commitment of federal financial assistance for any project which the Environmental Protection Agency determines may contaminate an aquifer which is the sole or principal drinking water source for an area. h) The Endangered Species Act of 1973 (16 USC 1531 et seq.), as amended, requiring that actions authorized, funded, or carried out by the federal government do not jeopardize the continued existence of endangered and threatened species or result in the destruction or modification of the habitat of such species which is determined by the Department of the Interior, after consultation with the State, to be critical. i) The Wild and Scenic Rivers Act of 1968 (16 USC 1271 et seq.), as amended, prohibiting federal assistance in the construction of any water resources project that would have a direct and adverse affect on any river included in or designated for study or inclusion in the National Wild and Scenic Rivers System. j) The Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, requiring that federal assistance will not be given and that license or permit will not be issued to any activity not conforming to the State implementation plan for national primary and secondary ambient air quality standards. k) HUD Environmental Criteria and Standards (24 CFR Part 51) providing national standards for noise abatement and control, acceptable separation distances from explosive or fire prone substances and suitable land uses for airport runway clear zones. I) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 -- Title III, Real Property Acquisition (Pub. L. 91-646 and implementing regulations at 24 CFR Part 42), providing for uniform and equitable treatment of persons displaced from their homes, businesses, or farms by federal or federally-assisted programs and establishing uniform and equitable land acquisition policies for federal assisted programs. Requirements include bona fide land appraisals as a basis for land acquisition, specific procedures for selecting contract appraisers and contract negotiations, furnishing to owners of property to be acquired a written summary statement of the acquisition price offer based on the fair market price, and specified procedures connected with condemnation. m) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 -- Title III, Uniform Relocation Assistance (Pub. L. 91-646 and implementing regulations at 24 CFR Part 42), providing for fair and equitable treatment of all persons displaced as a result of any federal or federally-assisted program. Relocation payments and assistance, last-resort housing replacement by displacing agency, and grievance procedures are covered under the Uniform Act. Payments and assistance will be made pursuant to state or local law, or the grant recipient must adopt a written policy available to the public describing the relocation payments and assistance that will be provided. Moving expenses and up to $22,500 or more for each qualified homeowner or up to $5,250 or more for each tenant are potential costs. n) Section 104(d) of the Housing and Community Development Act of 1974, (42 U.S.C. 5301 as amended and implementing regulations at 24 CFR Part 570) providing for the replacement of all low/moderate-income dwelling units that are demolished or converted to another use as a direct result of the use of HOME funds, and which provides for relocation assistance for all low/moderate-income households so displaced. o) Davis-Bacon Fair Labor Standards Act (40 USC 276a - 276a-5) requiring that, on all contracts and subcontracts which exceed $2,000 for federally-assisted construction, alteration or rehabilitation for projects which include 12 or more units assisted with HOME funds, all laborers and mechanics employed by contractors or subcontractors shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor. Page 10 of 16 Pages Similarly, all contracts for construction must contain these wages provisions if HOME funds are used for any project costs, including construction or non-construction costs, with 12 or more HOME-assisted housing units. When HOME funds are only used to assist homebuyers to acquire single-family housing, and not for any other project costs, the wage provisions apply to the construction of the housing if there is a written agreement with the owner or developer of the housing that HOME funds will be used to assist homebuyers to buy the housing and the construction contract covers a total of 12 or more HOME- assisted units, whether one or more than one site location is covered by the construction contract. Once they are determined to be applicable, the wage provisions must be contained in the construction contract so as to cover all laborers and mechanics employed in the development of the entire project, including portions other than the assisted units. Arranging multiple construction contracts within a single project for the purpose of avoiding the wage provisions is not permitted. Volunteers. The prevailing wage provisions of this Act do not apply to an individual who receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered and who is not otherwise employed at any time in the construction ~NOrk. ii) Sweat equity. The prevailing wage provisions of this Act do not apply to members of an eligible family who provide labor in exchange for acquisition of a property for homeownership or provide labor in lieu of, or as a supplement to, rent payments. p) Contract Work Hours and Safety Standards Act of 1962 (40 USC 327 et seq.) requiring that mechanics and laborers employed on federally-assisted contracts which exceed $2,000 be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty in a work week. q) Copeland "Anti-Kickback" Act of 1934 (40 USC 276 (c)) prohibiting and prescribing penalties for "kickbacks" of wages in federally-financed or assisted construction activities. r) The Lead-Based Paint Poisoning Prevention Act -- Title IV (42 USC 4831) prohibiting the use of lead-based paint in residential structures constructed or rehabilitated with federal assistance, and requiring notification to purchasers and tenants of such housing of the hazards of lead-based paint and of the symptoms and treatment of lead-based paint poisoning. s) Section 3 of the Housing and Community Development Act of 1968 (12 USC 1701 (u)), as amended, providing that, to the greatest extent feasible, opportunities for training and employment that arise through HUD-financed projects, will be given to lower-income persons in the unit of the project area, and that contracts be awarded to businesses located in the project area or to businesses owned, in substantial part, by residents of the project area. t) Section 109 of the Housing and Community Development Act of 1974 (42 USC 5309), as amended, providing that no person shall be excluded from participation (including employment), denied program benefits or subjected to discrimination on the basis of race, color, national origin or sex under any program or activity funded in whole or in part under Title I (Community Development) of the Act. u) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 USC 2000 (d)) prohibiting discrimination on the basis of race, color, religion or religious affiliation, or national origin in any program or activity receiving federal financial assistance. v) The Fair Housing Act (42 USC 3601-20), as amended, prohibiting housing discrimination on the basis of race, color, religion, sex, national origin, handicap and familial status. w) Executive Order 11246 (1965), as amended by Executive Orders 11375, prohibiting discrimination on the basis of race, color, religion, sex or national origin in any phase of employment during the performance of federal orfederally-assisted contracts in excess of $2,000. x) Executive Order 11063 (1962), as amended by Executive Order 12259, requiring equal opportunity in housing by prohibiting discrimination on the basis of race, color, religion, sex or national origin in the sale or rental of housing built with federal assistance. y) Section 504 of the Rehabilitation Act of 1973 (29 USC 793), as amended, providing that no otherwise qualified individual shall, solely by reason of a handicap, be excluded from participation (including employment), denied program benefits or subjected to discrimination under any program or activity receiving federal funds. z) Age Discrimination Act of 1975, (42 USC 6101), as amended, providing that no person shall be excluded from participation, denied program benefits or subjected to discrimination on the basis of age under any program or activity receiving federal funds. Page 11 of 16 Pages ~aa) Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, February 11, 1994 providing that all persons regardless of their status (income), race, color, or national origin be afforded the opportunity to live in a quality environment. 22. Monitoring, Evaluation and Inspection. The State will monitor and evaluate the Contract with the Contractor under the HOME program for the effective and efficient utilization of HOME funds. The attached Exhibit D Project Performance Plan contains specific benchmarks to be followed by the Contractor. The Contract will also be monitored for compliance with the rules, regulations, requirements and guidelines, which the State has promulgated or may promulgate. The Project will be monitored in accordance with Paragraph 12, Exhibit A Scope of Service to assure compliance with the requirements of the HOME program periodically during the operation of the project or upon its completion and during the required period of affordability, rental housing projects wtll be inspected on-site for property standards rent structures, and income requirements: a) at least every three years for projects containing one to four units; b) at least every two years for projects containing five to twenty-five units; c) at least once a year for projects containing more than 26 units. The Contract will also be subject to monitoring and evaluation by the U.S. Department of Housing and Urban Development. 23. Severability. To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver of any other term, nor a waiver of a subsequent breach of the same term. 24. Binding on Successors. Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns. 25 Subletting, Assignment or Transfer. Neither party nor any subcontractors hereto may sublet, sell, transfer, assign or otherwise dispose of this Contract or any portion thereof, or of its rights, title, interest or duties therein, without the prior written consent of the other party. No subcontract or transfer of Contract shall in any case release the Contractor of liability under this Contract. 26. Lobbying. The Contractor assures and certifies that: a) no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of a federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. b) if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an offer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federally funded contract, grant, loan, or cooperative agreement, it shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. c) it shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. d) it understands that this certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 27. Applicant Statement of Assurances and Certifications. The Contractor has previously signed an "Applicant Statement of Assurances and Certifications" which is hereby incorporated and made a part of this contract by reference. 28. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance or compliance beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Contractor or its subcontractors. Page 12 of 16 Pages 29. Order of Precedence. In the event of conflicts or inconsistencies between this contract and its exhibits or <3ttachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: A. Colorado Special Provisions, pages 15 to 16. B. Contract, pages 1 to 14. C. The Scope of Service, Exhibit A. D. The Project Performance Plan, Exhibit D. 30. Insurance. 30.1 The Contractor shall obtain, and maintain at all times during the term of this agreement, insurance in the following kinds and amounts: a: Worker's Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the contractors employees acting within the course and scope of their employment. b. 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: i. $1,000,000 each occurrence; ii. $1,000,000 general aggregate; iii. $1,000,000 products and completed operations aggregate; and iv. $50,000 any one fire. If ~ aggregate limit is reduced below $1,000,000 because of claims made or paid, the contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the State a certificate or other document satisfactory to the State showing compliance with this provision. c. Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit as follows: $1,000,000 each accident combined single limit. 30.2 The State of Colorado shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction contracts will require the additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). Coverage required of the contract will be primary over any insurance or self-insurance program carried by the State of Colorado. 30.3 The Insurance shall include provisions preventing cancellation or non-renewal without at least 45 days prior notice to the State by certified mail. 30.4 The contractor will require all insurance policies in any way related to the contract and secured and maintained by the contractor to include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against the State of Colorado, its agencies, institutions, organizations, officers, agents, employees and volunteers. 30.5 All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to the State. 30.6 The contractor shall provide certificates showing insurance coverage required by this contract to the State within 7 business days of the effective date of the contract, but in no event later than the commencement of the services or delivery of the goods under the contract. No later than 15 days prior to the expiration date of any such coverage, the contractor shall deliver the State certificates of insurance evidencing renewals thereof. At any time during the term of this contract, the State may request in writing, and the contractor shall thereupon within 10 days supply to the State, evidence satisfactory to the State of compliance with the provisions of this section. 30.7 Notwithstanding subsection a of this section, if the Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS 24-10-101, et sea•, as amended ("Act"), the contractor shall at all times during the term of this contract maintain only such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon request by the State, the contractor shall show proof of such insurance satisfactory to the State. 31. Legal Resident. 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 applicant to: Page 13 of 16 Pages (a) Produce: 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; and (b) Execute an affidavit herein attached as Exhibit E, Affidavit of Legal Residency, stating: I. That he or she is a United States citizen or legal permanent resident; or II. That he or she is otherwise lawfully present in the United States ursuant t f d I I 32. p o e era aw. Indemnification. Intergovernmental Grants If this is an intergovernmental Grant, the provisions hereof shall not 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. Non-Intergovernmental Grants Grantee 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 Grantee, or its employees, agents, subcontractors, or assignees pursuant to the terms of this Grant. 33 Statewide Contract Management System. [This section shall apply when the State funds provided under this contract is $100,000 or higher] By entering into this Grant, the Grantee agrees to be governed, and to abide, by the provisions of CRS §24-102- 205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system. The Grantee's performance shall be evaluated in accordance with the terms and conditions of this Grant, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation of the Grantee's performance shall be part of the normal contract administration process and the Grantee's performance will be systematically recorded in the statewide Contract Management System. Areas of review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Grantee's obligations under this Grant shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of the Statement of Project of this Grant. Such performance information shall be entered into the statewide Contract Management System at intervals established in the Statement of Project and a final review and rating shall be rendered within 30 days of the end of the Grant term. The Grantee shall be notified following each performance and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance evaluation determine that the Grantee demonstrated a gross failure to meet the performance measures established under the Statement of Project, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the DOLA, and showing of good cause, may debar the Grantee and prohibit the Grantee from bidding on future contracts. The Grantee may contest the final evaluation and result by: (i) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)); or (ii) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of the Grantee, by the Executive Director, upon showing of good cause. Page 14 of 16 Pages ~ SPECIAL PROVISIONS These Special Provisions apply to all contracts except where noted in italirs. 1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS §2430-202(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. 3. GOVERNMENTAL IMMUNITY. 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, protections, 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. §§1346(b) and 2671 et seq., as applicable now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 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 deemed to be an agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall riot have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall (a- provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. 5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not 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 shall not invalidate the remainder of this contract, to the extent capable of execution. 7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and shall maintain 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 provision, the State may exercise any remedy available at law or in 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. 9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§2418-201 and 2450-507. 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. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall not employ any person having such known interests. 10. VENDOR OFFSET. CRS §§2430-202 (1) and 2430-202.4. [Not Applicable to intergovernmental agreements] Subject to CRS §24-30- 202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies 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 owing to the State as a result of final agency determination or judicial action. 11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not AppUcab/e to agreements relating to the offer, issuance, or sa/e 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 shall 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. 12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §2476.5-101. 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 §2476.5-101 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 1-1-09 Page 15 of 16 Pages 1'11E P:~R"PIES IIF:RE"1'O I1:~VE F:tECUTED THIS CONTR:~CT * Persons signing t~~r Contractor hereby swear and aft-irm that they are authorized to act nn Contractor's ~ behalf and acknowledge that the State is relying nn their representations to that effect. CONTRAC"COR Eagle County I3y: Sara J. Fisher Title: Chair, Eagle County Board ofCommissioners kSignature i Date: ~ ~ ~ ~ ~ ~ U STA"I'E OF COLORADO 13111 Ritter,.Ir., GOVERNOR DEPARTMENT OF LOCAL AFFAIRS By: Susan E. Kirkpatrick, Executive Director Date: PRE-APPROVED FORM CONTRACT REVIEWER \utumn Gold, Housing Programs Manager E3y: Date: ALL CONTRICTS REOC"IRE APPROV ~L 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 A. STATE CONTROLLER David J. 11cDermott, CPA B. By: Yingste Cha, Controller Delegate Date: Page 16 of 16 Pages EXHIBIT A SCOPE OF SERVICES Rental Development EXHIBIT A SCOPE OF SERVICES Eagle County #09-062 PROJECT DESCRIPTION, OBJECTIVES, AND REQUIREMENTS. A. Project Description. Eagle County received a HOME grant in the amount of $432,000 to assist with the acquisition of the Riverview Apartments at 39169 US HWY 6 and 24, in Avon, Eagle, Colorado. The project will be developed by a limited liability partnership for tax credit purposes, with Eagle County as a general partner in the LLP. Eagle County will pass the grant through to the LLP, which will renovate 72 units of low-income family apartments. The project will use permanent financing from affixed-rate first mortgage secured loan, Low-Income Housing Tax Credits, and a seller carried second mortgage, as well as grant funds from Eagle County. B. Form of Subsidy. $432,000 in HOME grant funds will be administered in accordance with the requirements of this contract, and the performance goals and timelines outlined in Exhibit D, Project Performance Plan and any other applicable guidelines implemented by the State. At the end of the 12 months, if all of HOME funds have not been expended, the remaining HOME funds must be returned to the State C. Minimum and Maximum Subsidy Limits. The minimum amount of HOME funds invested in this project average $1,000 for each HOME-assisted unit in the project. The HOME-subsidy per unit cannot exceed the average per unit development costs for the unit. The maximum amount of funds permitted per unit is established periodically by the U.S. Department of Housing and Urban Development. The maximum per-unit subsidy for this project is the following: 0 Bedroom 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom $113,093 $130,397 $157,260 $201,295 $224,251 2. ADMINISTRATIVE REQUIREMENTS. A. Financial Management. The Contractor shall be responsible for the administration of the project in accordance with the applicable financial management requirements, as described in Paragraph 14. within the main body of this Contract. The Contractor may subcontract all or part of the administration duties. B. Affirmative Marketing Plan. This project does require an Affirmative Marketing Plan approved by the Department of Local Affairs, Division of Housing, prior to the release of funds. This plan must be written in accordance with Paragraph 10 of the main body of this Contract. C. Program Income, Repayment, and Recaptures. All revenues received by the Contractor or designated sub-grantee which result directly from aHOME-assisted activity shall be considered program income. Program income includes but is not limited to, principal and interest payments and proceeds from the sale of acquired assets. All program income shall be retained by the Contractor or designated sub-grantee, and shall be used for HOME eligible activities. A minimum of 90 percent of the program income funds shall be expended on HOME-eligible housing assistance activities. The remaining 10 percent may be expended on general administrative program costs. No more than $5,000 of program income may be retained before requesting additional grant funds. D. Interest. The Contractor shall expend the HOME funds within 15 days of receipt, and shall not earn interest on the funds prior to expenditures. Section 3 Requirements. This project is not subject to Section 3 Requirements. Page 1 of 5 Pages INCOME ELIGIBILITY DETERMINATION. For the initial lease up the Contractor must determine annual income of the Project beneficiaries using "Annual Income" as defined under the public housing ~3nd Section 8 programs in 24 CFR 5, Subpart F. Contractor may: A. Continue to use the income qualifying method above for subsequent income determinations during the period of affordability; or B. Use "Adjusted gross income" as defined for purposes of reporting under Internal Revenue Service (IRS) Form 1040 series for individual Federal annual income tax purposes. Once the subsequent income determination is chosen, that method must be used for all households during the affordability period. 4. PROJECT ELIGIBLE BENEFICIARIES. The contractor shall insure that 72 (all the units in the affordable housing project) units will be occupied by low-income persons whose Area Median Income (AMI) household income is the following: Type of Units 1r: of Units Income of Beneficiaries (4 person household) HOME Assisted Units (31 26R 3 < 50% of AMI ($43,300) Other Affordable Units (2) 38R 2 < 30% of AMI ($26,000 (3) 28R, (2) 3BR 5 < 40% of AMI ($34,640) (3) 26R, (2) 38R 5 < 50% of AMI ($43,300) (29) 28R, (28) 36R 57 < 60% of AMI ($51,960) Total Units ~_-- 72 ~riwrnes ns~ea m me cnar[ a~ove are for tour (4) person families. Incomes for other family sizes are attached as Exhibit B. An annual review of rents and household incomes by the State will ensure compliance. This review will consider market or operating conditions that may temporarily impede the Contractor's ability to meet required rents. 5. AFFORDABILITY REQUIREMENTS. This project must meet the affordability requirements for the specified time period outlined below or HOME funds shall be repaid to the State. A. HOME -Assisted Unit Identification In this project there are 3HOME-assisted units. The units designated as HOME-assisted are 3- two bedroom. As these units will be floating units over the period of affordability, the Contractor must insure that the designated units will be comparable in terms of size, features, and number of bedrooms to the originally designated HOME units. HOME -Assisted Rent Restrictions. To insure the housing is affordable to very low and low income persons, all of the HOME- assisted rental units must have rents that are the lesser of the Section 8 Fair Market Rents periodically established by U.S. Department of Housing and Urban Development or rents which are 30 percent of adjusted income for households at 60 percent of AMI minus tenant paid utilities. Eagle County 1-Bedroom 2-Bedrooms 3-Bedrooms 4-Bedrooms Fair Market Rent (eff. 10/1/09) $1,0103 $1,333 $1,677 $2,290 <30% of AMI $455 $487 $585 $753 <40% of AMI $606 $649 $779 $900 <50% of AMI $757 $811 $973 ;1 125 <60%ofAMl $909 $974 $1,168 , 31.";50 Page 2 of 5 Pages Additionally, at least 20 percent of the HOME-assisted units must have rents, which are the lesser of the Section 8 Fair Market Rents periodically established by U.S. Department of Housing and Urban Development, or 30 percent of annual adjusted incomes for households at 50 percent of area median income, minus tenant paid utilities. B. Project Affordability Period. The Contractor shall ensure that all affordable units identified in Paragraph 1A of this Scope of Service continue to be used to provide housing for very low, low, and moderate income person families for 30 years from the date of contract execution. C. Affordability Enforcement. Rent and beneficiary income requirements must be enforced by deed restriction or covenants running with the land. Affordability restrictions apply without regard to the term of any loan or mortgage or transfer of ownership and may terminate only upon foreclosure or transfer in lieu or foreclosure. The affordability restrictions shall be revived according to the original terms if, during the original affordability period, the owner of record before the foreclosure, or deed in lieu of foreclosure, or any entity that includes the former owner of those with whom the former owner has or had family or business ties, obtains an ownership interest in the project or property. 6. PROPERTY STANDARDS. A. Code Requirements. Acquisition properties must meet local housing standards or codes at the time of initial occupancy. If no standards exist, Section 8 Housing Quality Standards (HQS) must be met. 8. Fair Housing Act and Section 504. HOME-assisted construction must also meet the accessibility standards of the Fair Housing Act and Section 504. For housing projects which include any new construction or substantial rehabilitation ofmulti-family housing units, Section 504 requires that at least five percent of those units (or at least one, whichever is greater), be made handicap accessible according to the uniform Federal Accessibility Standards. An additional two percent of the units in such a project shall be accessible for persons with hearing or vision impairments. To the maximum extent feasible, these units are to be evenly distributed throughout the project site and be sufficient range of size when compared to other units. The owner or manager of the housing units must make available information regarding the availability of handicap accessible units to eligible individuals. TIME OF PERFORMANCE. The Project shall commence upon the full and proper execution of this Contract and the completion of the appropriate environmental review, and shall be completed on or before April 30, 2011. However, the project time of performance may be extended by unilateral amendment, subject to mutual agreement of the State and Contractor. To initiate the extension process, the Contractor shall submit a written request to the State at least 60 days prior to April 30. 2011, and shall include a full justification for the extension. Page 3 of 5 Pages 8. PROJECT BUDGET. Project Activities Total Project Cost HOME Funds Other Funds Source Acquisition $6,520,000 $432,000 $1.295,000 $4.793,000 Seller 2" Mtq. First Bank 1~ Mtg. Appr, Mkt. Study, Surve s $20,000 $20,000 First Bank 15f Mtg. Bldg. Permit $50,000 $50,000 First Bank 1S1 Mtg. On-Site Infrastructure $275,000 $275,000 First Bank 15' Mtg. Construction $3,621,875 $3,521,875 $100,000 LIHTC Proceeds ECO Build Grant Contingency $317,500 $317,500 LIHTC Proceeds Architect, Engineering $250,000 $250,000 First Bank 151 Mtg. Const. Interest, Fees, Taxes, Ins. $780,000 $780,000 First Bank 151 Mtg. Permanent Financing, Legal Costs $274,800 $274,800 First Bank 151 Mtg. Developer's Fee $500,000 $500,000 First Bank 151 Mtg. Operating Reserve $685,000 $685,000 First Bank 151 Mtg. Relocation $54,000 $54,000 First Bank 15` Mtg. Totals $13,348,175 $432,000 $12,916,175 9. PAYMENT SCHEDULE. Payment paid upon receipt and approval of written request from the Contractor for funds to meet immediate cash needs. Payment should be remitted to the following address: Eagle County 500 Broadway Eagle, Colorado 81631 10. USE RESTRICTION. The Contractor shall ensure that a use restriction is recorded in the land records for each of the project properties. A copy of the recorded use restriction must be provided to the DOH at the time of recording, and before any request for payment. A. Eligible Beneficiaries. The Eagle County, its successors, assignees, heirs, grantees, or lessees shall insure that 3 unit(s) is affordable to households whose income mirrors Section 4 Project Eligible Beneficiaries table. HOME Project Rent Restrictions. To insure the housing is affordable to extremely low, and very low income households, the assisted rental units must have rents that are the lesser of the Section 8 FMR, as periodically established by HUD, or rents which are 30 percent of adjusted income for households minus tenant paid utilities. Eagle County 1-Bedroom 2-Bedrooms 3-Bedrooms 4-Bedrooms Fair Market Rent (eff. 10/1/09) $1,0103 $1,333 $1,677 $2 290 <30% of AMI $455 $487 $585 , $753 <40% of AMI $606 $649 $779 $900 <50% of AMI <60% of AMI $757 $811 $g73 $1,125 $909 $974 $1,168 51,350 Page 4 of 5 Pages B. Long Term Affordability. The Eagle Countv, its successors, assignees, heirs, grantees, or lessees shall ensure that this property remains affordable, without regard to the term of any mortgage of transfer of ownership, for a period of not less than 30 years from the date of contract execution. This affordability restriction may terminate upon foreclosure or transfer in lieu of foreclosure, unless the owner of record, before the foreclosure, or anyone with business or family ties to the owner, obtains an ownership interest in the property. C. Change in Use. If this property is not used for housing the above described beneficiaries, at the above described rents for 30 years from the date of contract execution, the Eagle Countv, its successors and assignees, heirs, grantees, or lessees shall be required to repay the State the grant funds attributed to this property, unless the State authorizes the transfer of repaid funds to one or more public housing entities, or private nonprofit corporations. If the property is used for housing the above described beneficiaries, at the above described rents for 30 years following the date of contract execution, the Eagle Countv, its successors and assignees, heirs, grantees, or lessees shall be absolved of this requirement. 11. REPORTING SCHEDULE. The Contractor shall provide the following reports to the Department of Local Affairs, Division of Housing: A. Financial Reports. One copy of the quarterly Financial Status Report must be submitted within 20 calendar days after the end of the calendar quarter. This report must be submitted on forms provided by the Division of Housing. No requests for payments shall be processed if the Contractor has not submitted this quarterly report; B. Performance Reports. One copy of the quarterly Narrative Performance Report shall be submitted within 20 calendar days after the end of the calendar quarter. This report may be submitted on forms provided by the Division of Housing. No requests for payments shall be processed if the Contractor has not submitted this quarterly report; C. Project Completion Report. Within 30 days after the completion of the Project or the final draw whichever is later, the Contractor shall submit 1 copy the Project Completion Report, two copies of the Final Financial Status Report, and two copies of the consolidated Summary Beneficiary Report on forms provided by the Division of Housing. D. Rent and Income Qualification Reports. Annually, on the project close out date, for 30 years, the term of affordability, the Contractor must submit to the Division of Housing information on rents and occupancy of HOME-assisted units to demonstrate compliance with the affordability requirements. These reports must be submitted on forms provided by the Division of Housing. E. Project Photographs. At the time of Project Close Out the Contractor must send before and after photographs of the project along with either the 35mm slides, negatives, digital copies. 12. CONTRACT MONITORING. The Department of Local Affairs, Division of Housing, shall monitor this Contract in accordance with the provisions set forth in Paragraph 22. within the main body of this Contract. This project is subject to 30 years of HOME long-term monitoring, for 3 housing units, every 3 years beginning after the project close-out date. Page 5 of 5 Pages EXHIBIT B INCOME AND RENT CHART Z H ~ O J ` _ ~ = LPL Z /~/~ Q W Z ~ 0 X ~ a W o ~ Q Z 0 O 0 ~ U N O~ O O N Q~ L L v N N Ql S f" M M J W Q V Z M ~ a Z ,y W ~ ~ ~ ~ [d M ~ X F ~ Ca P'1 f m N D m .-1 F m O a+ C O U 0 0 0 ~n o u~ o in o 0 ~D O O O~ CO ~D ~ M N O .--i M ~ N ~ ~ ~ V I~ M ~ M .--~ . -~ .--~ W 1~ t0 ~D ~ l!1 V M O O O 0 0 0 0 0 0 0 CO O ~ .--~ V I~ O M ~D L!7 OJ r} M W V O N M O~ N 00 I~ 01 01 V 01 M p~ N N N O n ~O iD ul l+1 7 V ~`'~ .-~ .-~ 0 0 0 t11 O l!1 O lfl 0 0 O O ~ N O I~ ul N O u1 ~O l!1 N M M N N N N -~ 0 0 ~ Ul O H O V1 O O N .. O ', ^ ~D tp t!1 Vl ~} ~ M O O O tf1 O ui O ui 0 0 0 ^ O N Ul 1~ O O N ul ~-+ 1~ ~ V ^ O ~ •~ N M I O ~D .--~ ~O N I~ W ~ O~ i0 ~ Lrl l!1 V V M N r--1 0 0 0 0 0 0 0 0 0 0 N O O pi ip r1 O I~ ~ O Q~ ~O O N Q~ ~O M ~ t0 O M ip V ip .-+ I~ M CO V ~D O CO ~O ul 111 C ~ M M N O O O lIl O l!1 O t!1 O O 00 0 0 !~'1 V V ~ lf1 iD O 7 Q~ i0 ~p h 00 O~ O .-~ V M N ^ O l0 N O l!1 .--~ M Q~ n N ~ V' V M M M N O O O In O lf7 O l!1 0 0 ~O O N V CO .--~ t1'1 CO N O O ~n .-i ~p .-+ ~ W M O~ ~ u'f .--i OJ V .--~ 1~ O 0 0 0 0 0 0 0 0 0 0 N O O pi ip m 0 I~ V O n l0 ~ (`'~ M M M N N N N O ~ O~ tp M O I~ ~ n ~ ~' M M M M N N U1 N tD M I~ '-I O O L!1 M .-1 .-1 Ifl M O CO tf1 M O l71 O t!1 W ~O u1 M N .--~ O I~ M N .--i .~r .--i ti .-i .--~ .--i .-. .~ m ri o m ~n ri o 0 O l!1 ~D l0 ~I1 M N .--1 O N I~ N ~D [f M N .y O Q1 tD N N .--~ .--i .~ .--i .-a .-i I~ n O l71 W .--~ M ~O O~ u1 f~1 7 V ~O i0 I~ n n n ~ f''7 Q~ 7 N .--i O O~ CO I~ u'1 N .--~ ti .--~ .-+ .-i CO M O ~/1 ~ M ti 0 O~ I~ ~ N O tf1 I~ Ql .--i M V ~ O~ ~O N O O~ CO 00 1 ~ ~ D ~t O~ lf1 O ~ Q~ M I~ . -i O to ~ ti N CO O M u1 C O O ~ c0 ui .-a Q~ Q~ 00 I~ i D ~ O R a o ~ \ \ \° ~ \ ~ O O O o 0 0 0 0 0 0 0 N O O lr1 O t!1 O V 1 O O ~y ~ 00 ~0 ~O lfl L!1 7 V r'1 d Gl _d G1 _N d d d O J y OI Of C1 OI Cf O1 01 OI Of Of ~ ~o a A m m ~o ~ m ~ W W W W W W W W W W EXHIBIT D PROJECT PERFORMANCE PLAN __ U H i = ~, I ' ~J~ ~ ~ t0 ~ .~ ~ ~ } } '' .`n O ~ 7 ~' ~' ~- U ° y= y L = t7 Q 'a ~ N i O N p N ~ ~ F...~~ a~ r p 0 p ~ ~~ ~ m 3 a ~ p p ~ C .C N V! ~ fC ~+ 3 i ~~ y ~~~~v N ~ '~- .' a ~ (~ > > lL ° c° ~ ~ ~ W W W Z c > oc o LLo ° n. 2 = _ Q L ~ ~ ' p Y I ~ Q U a U a ~ ~ a~ a a O a c W~ ° o ~ ~ x 2 W ~U i o o L , v i o W _ .` ~ V T cp r L N a L~ n n Z -~ O N C 4 ~ . p ~~ "' O ~ Q D ch O o Q ~ 7 ~ - ~ ~ ~, ^ O M U i W o w Q O ~` Z O O ° c U ~ Q O O M J O o ~~0 D o ,~ o c ~ T° a~ a~ c.~ Tai O O) ~ W ~ ~ N ~ '"~ ~ Q ~ O~ U v7 C C Q ~ ~ 7 ~ ~ ~ """' ~ 7 ~ ~ ~ (/~ > ~ (D fA ~ fn > ~ (~ W ~ `~ ~, ~ ~ ~ w o ~ ~ ~ c~ a a ~ N Q Q ~, V ~ Q ~ ~ ~~ ~ V ~ o .~ U ` ° ~ ~ _ C , ~ ~ C r N ~ Q~ ~n ~ J F-. L C O L ~: ~' ~ C ~ ~ W 2 O U ° ~ 30 .O ~ ~ U ~ V V N C N O Q U ~ N C'O O C R ~U 7 N Q ~ d ^ ~ n LO ~ ~ n ~ w I ~ Q ~ a N E M N 7~ ~ c9 ~~ ° o ~ ~„~ ~ ` O ~ E~ V ~ (O ~ ~ ~ v- O ~ O ~ p cn p U L 7 O C L w m ~ d GI ~- ~ ~ J ~ ~ ~ ~ c9 ~ tp ~ ~ ~ ~ a Z } c w X Z Z ~ L a ~ C7 ~ C~ j ii D ~; N L C~ °a ~ ° W o ~ z cV CD ~ N ~ i s ~~ C Z O mc~~ L~ o o ~ >, a~ ~ .a~ ~ v, ~ ~-o c c ° mom ~ o o ,, _ cv y ~ L o C7 co -o ~ N x N ~ O ~ /~/~~ OC ~ ~ ~ p~ N ~ Y ~ y.+ L L G1 ~ - ~~ V , ~~ ( C L d • ~ Q T y Q ~ ~ ~ ~ m ~ N 0 L N cow ~~ ~ ~ ~~n ~ O o ~ ~ ~~~ ~ _o d ~ O CV ~ I W Z ~ j O N O L ~ O N N C~ ~ U O ~ - ~ t- 0 C U o N ~ `!~ ~ L „ -„ ~ 3 ~ N 1 ~ a ~ .c . ~ a~ L ~v C ~ = J ` ~ ° ~ 7 ~ ~ O ~ ~ O ~ ~~ V ~ ` ~ ° ~ ' U Q I O ~ o-'° L ~ ~ O L ~ ~~ Z ~ ~ o ~mL C1 f 1 F- p x ~ (9 N r ~ (7 C U Q r o.° a n iy U a U ~ r C 0 U 0 U N c ~~ a o U ~ c m ~~ ~~ oa a~ a U y O d 0 a w ~ ~ ~ } } } I ~ N_ N N_ N N ~ ~ ~ ~ ~ I ~ ~ ~ ~ ~ 0 ~ 0 ~ f~ ~ ~ ~ Q W W W_ _ W_ W W W 2 2 = _ i = _ _ _ a a a ~ a a a -~ y ~ ~ .N p ~° ~ o -yo O C O o >. N ~ O ~ C N ~ O >+ n 7 C 0 Ego m U ~ o ' m ~ ~ O c ~,~ O O ~~~ o O ~ c~~ f= o~B ~' N ~a~a j N O ,~ N ~ >' O C C O p U ~ .~ O "` O tU ~ cn N C O O) ~ C U I (~ ~~ ~ _ O _O _ C O O C C a - ~ C c9 ,? O ~ Z' to ~ C -- w >,C n (fl O ~ T C~ O ~ ~ ~ ~ o ~ ~ O -0 N-o ~ C ~~~ 3~ C C Eo ~ 07 > `~o Y , u c m E UE o o >> Q~ ~~c 3 ono a~ >~ ~ ~i~ o o a~ m o= c ~- N O F- 3 c ~ U x Q a~ O N C ~~~ O co min c O c9 O ~ a~oo Q.S n~ Q1 ~ O O 7 ~ L 3 ~ _J N .~ ` (Up 4.7 c _ _ 3 Y o Q C7 o ~o ~u o m o~om ~ ~rn a~j ~~ ~ o ~o = ~~ ~ ~ ~~ ~ . ~ c d o M E _~ - v , - w c9 Y ~ 3 ~ o o ~ o c ~ o = ~ ~ w o a ~ ~ ~a vOi E ~ ~ ~~ ~'r Y « cia cn ~ O~ N 2 o~ ~ m > E v ~a a~ O U ~r a~ c.r E-o= ~ ~ o O c~v`h o•~ a~i~ D I O ~ m Q U (0 :~ a~ c c ~ _ r f0 _C c- ~ o ; F.~~~~> ° > U o Yoco ~ ~ : .~ ~_ o o0 v v~ m ;~ o o ~n~'~~ p ~ ca ~ ~ o o ~ -o ~ co ~ ~ ° ~ m ~ c 3' Z ~ io N 4J ~ Q ~ O O C ~ ~ 0 n~ - U N cn.N ~ O Q _ - fU O CU p ~ ~ O ~~ _ 0 _~~ .. O N +'k O O ~p C (0 L L n~ ,•- C L O O~ N U cn J C~ ~ cn „ O ~ L ~~ O -_ - ,~ ~ - T L O to O U N '~ Y ~ C O~ P L U '~ N N N ~ O ~ ~ .~ c - C O O O :6 O U 'p ~ ' ~ N L O (0 N N C6 N O) N ~ Ti Y ~ LL.. o ~ c9 o y 0 co c Q ~ o ~ ~ c o ~ ~~ ~ o c a n m ~ c ~9 ~ a~ ~ co c U ~ ~ o n ~ .~ o cu :~ C~~ O C7~I-2 UL ~ (~ ca C~~ o C7~~ mL ~ C.7 O o N C O E T ~ L N O ~ C ~ O N O cn ~ o m ~o ~~, ~ ~ ~Z~° ~ ~ c ~~ o ~_ ~n ~ 0 ~ ~ s co0~ 0 -p C ~ O O ~~ O_ ~ ` n U p t O ~ O >, .- ca C ~ ~ N >, 3 Y .a O O ~ N O O CO-~ N c ''U-- N co O N ~ O a N ~~ N cQ~ ~ >, aU ~-p ~ ~ NO ~ >+ ~ n ` LL L ~ ~ C `- ~ 4 ~ ~ ~ 'O O O ~ C ~ O L = (0 W ~ (B m ~ p (9 C ~ ~ m J 3 ' ~ ~ > C ~ ~ (~ ~o O '~~ Q O N ~ CJ ~ a~ Q ~~ Y Q) c._ E d 0 0 ~ ~ .- _ L 7 u, O LL r- O O Lj ~ U 'D i O~ N 0~ 0 ~ L `- L a ~ . ~ c U ~n ~ = ~ J C~ 3 c n 3 c~ 0 0 U ~a co v d O ~ N U a~ m E O1 o` a t a U y 0 a ~ ~ i ~ ~ ~ 0 N 0 N 0 N 0 0 N N 0 0 N N 0 N ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ ~ 0 ~ ~ 0 W W W W W W _ _ _ _ _ W_ _ W = 2 2 = Z = = _ 2 Q Q Q Q Q Q Q Q ° .O ~ a~ _ C ~ ~ a~ c~ Y d C ~_ 3 C~ ~ ~ n N ~ U ~~ O in - a~ (0 7 Q~ ~ 0 L O ~ '~ H n N ~ Q ~,Em a~ v c a~' o ~ Vin ~ o °~ co ~ ~ ~ ~~ E >` ~ (U -O n ` O U N C ~ ~ O O ~ U `9 ~ E moo Q' o ~~ ~ O c~?~~ U o~c ~ a~> O .O V ~ p~ ~ O cp ca T C O O E O C~ O L O N ~ L U~ 7 0 U` m n~ o o o _ c a~ o c -o ~ n ~ a ~~o n -°voo~ ~~~aoi n 30~ 30 a> c ~ ~ ~ ~ ~ n .E O ~ ~ Y •~ ~ ~ ~ O ~ 0 3 m ~ ~ ~ O Q ca cn d~~ 3 L N ~ m ~ L O N ~° c . ~ n E - o O O L L ~ w L N ~ ~ C U ~i = O ~ N-0 (Q ~ ` O ~ _ m N~ C C O C ~ - U _ T CO 'p O ~ C ~ '~ D Q 3 ~ ~~ rn O N O ~ N (~ Y ~ c n _ ~ ~ ~ E ~_ 3 N n n O Ern ~ ~ o ~ U N o x o . ` ~ ~" O C ~ 7 ~ y 1] c ~a~° ~ c`O - O .C U ~ U O o Do ~~~~ Y N O N _ ~ _ c0 E ~ d C cU0 ~v ~ m ° m ~ E °' U ° o ~ m °~ Y ~ ~ ~ C °-c _`°~cn ~m~ n a a ~ c a~~ c E ~ ° 3 c w° ~ ~ C~ O Y a i E c >+ ~ o _ _ _ ~ V O '=~ to ~ N (0 C U N N n ~C _ C ~ ~ `. O C rn 0 0~ N O O. O O w O N <n ~.`nv ai v ~ c ~ o L .` ~ Q. O` ~ c0 n.E~ O~ E , N ` - n i~ c a~ a i co~ ~ oo ~ L o L . .~ ~~u~c m ~~ -`c cv a c 'n o `° c n c o °~ va a~ c o 3a> o n ~ ~ oY;~~o~o~m--o .~ c =o -= ~ m~ c a~.~c c ~~ a~ a~E a~ a~ ~ E ~ c~a c ~ m c -o ~ .o co .n a~ O ~ ~ a m n ~ cc~a ~ cco v U C O L Ll.. N n L u U i 6 U~ C_7 O L U~ (,~ O C C ~_ ~ O N ~ T~ ~ C L ~ N c0 oo~ m a~0 U a~ o~ ca °n o y~ U C 3 C E O L , ~ O E n Q L O T'O 3 .O L ~~ ~~~ O ~ TW ~ E T~ cn O L ~ n~ v c0 y O w ~ ~ O i~c E~~ ~ w a cn cu o O.n ~~ i r~~E Z'a c ~ ~ o o ~~ o O ~, ~~ cu~ o n ~ ~~~- ~~ ~=~ a E c9 O 3~ ? o~~n o 3 N o ~~ o~p o ~ C c0 E N ~ ~ 3 ~ o o o L~ C ~' o Q ~.N co ~, E Tao m ~ c ~, v im~T ~ ~ r- r- >, ~mE .- ~ ~ O O C ~ ~ ~ ~ >> O O ~ ~ O ~ ~ _ L ~ (0 -p p ~ N ~ ~ ~ n V ~ '=~ m -° o c9 . `n ~ ~ o- ~ Q O U L ~ ~ E_ ~ ca ~ ~ c aLO o~ ~ ~ 3 ?'c cow a~ m c c ~ ~ ~ co ~ c c a a~ o~ c ~ ~ O T~ TC~UI~O 7 ~ j OL 7 ~ ~~ ` °° ' ~ ' ~ E ~LL ~ ~ ~ ~ ~ 7 ~ ~ 7 ....'~ ~ !on 7 ~c~~.~~cnp C~ O D U 'O U O o«_ C1 U C .~ ` c ~~- CJ c o~~ c0 c6 ,C d U' ~ C'1 EoOC L~ n N ~ O O rn~ ~ m ~ c o ~ ~ ca W c0 (n Q ca ~ a~ o in LY ~ a~ o~ ~ U ~ ~ L c a~ c° C7 in C ~ ~ o ce a n ~ s I ~ v ~ o W c~ .~ .- N M ~ (n C rn ~t my ~• o U (h c m m rn ~ ~ o °" y a aUi 0 a` ~ ~ 0 0 N N ~ ~ ~ ~ ~ 0 W W > > _W W 2 _ 2 U U Q Q c ono . o ~ ~;o ~ ~ a ~ j ~ c~ ~, (0 O L_ ~ O ~ (0 o ~~~ 3 cco~~o~ ~ o c p O O C M a ~- ~~ ca ° o_t.S~ c ~v ~. c a - ~o ~ ~ L ~ 3. a~ 3 ~' ~ Y m a~ a~i0 ~ °' ° °' v ~ E ~U ~~~ - .5 ~~~ ~ ~d o vC~~o EE N~ N C ~O ~ w O i l .,-. ~W a~i E -o o~ N Vi.~ > ~ ~ ~ > to ~ 7 U O ~ ~ C ~ ~ (0 O ~ O` U d 2 cv l d. 'o ~ ~ ~ ~ ~ C ~ ~ ~ C ~ CQ f~ ~ O ), d ~ .~.. N C c0 - ~ ~ ~ E cU ~ U U~ upi `t a0 d (0 ~ ~ m w N n. co ~ ~ ~ c o ~ oU O c~ N ~ a 3 p C ~o-° ~ o °~~ o vim, o ~ N o o Z _ ~ c0 d O CO a ~ ~ cn U L ..~ N C•- U -L N ~ a'C ~ O cn - ~ ~ U O N c0 c0 O m 0 c m ~ ~ C~ > E c a E c C7 -o ~ C ~ ~, ~ o o a °' E_~ ~ ~ c ~ ~ (0 ~ '~ ~ -O ~ ~ ~ _~ C ~ O O ~ ~ ~ ~ _~ c c ° ~ i aL ~ c n N L O ~EvoiL. ~ O E ~y~ w ' ~ O . C o c- _ ~ o U .- ~, O OL Q' C O N ~O= cn O p N N C p ~ ~~ ~0 O ~°~c ~M ~ ~ °- ~ ~ c _ mU~ ~ w ~ ~ O ~ N v o co ~ . ~ ~ ~ O ~ V E ~ ~ O _ w -. ~ O ~_OO 3 m L -~ U c L ~ . ~ N ~`• ~ ~ G7 U ~ ~ a a ~, ~~ AL W J+ O ~ ~ O' L ~ ~ ~ T c O ~ y ~ E ~ o ~ ~ ~ L ~ o ~ o N N O U C U C v- ~. p (~• >+ c9 C (A N ~ ~ ~ N O w N (~ ~ ~ ~ ~ a C co C ~ ~ a~ - ~ o Y ~ `- m ~ ~ ~ U ~ S a ~ ~ a cu m ca o >, o o ~ ~ ~ L 7 U ~ a ~ p N o r ;_ c ~' U N ~ ~ U c c (0 c (p ~ C C O N ~ O ~ _ ~ ~ C m ~ m cn - w w a~ U > j ~ (D 2 = Q = 0 0 U m tY my a o U ~ C ~ O a 'C N a U 0 a 0 a L W EXHIBIT E LEGAL RESIDENCY AFFIDAVIT .~FFID:IVIT OF LEGAL RESIDENCY I, 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 [ am a Permanent Resident of the United States, or [ 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 ur prior to entering into a contract with the State. I further acknowledge that making a false, tlctitious, ur fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second etegree under Colorado Revised Statute 18-8-503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. Signature Date Name (please print)