HomeMy WebLinkAbout5271RESOLUTION NO. 5271
A RESOLUTION ACCEPTING A $50,000.00 GRANT AND APPROVING
AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION AND THE STATE OF COLORADO, DEPARTMENT OF LOCAL
AFFAIRS, DIVISION OF HOUSING FOR THE REHABILITATION AND
CONSTRUCTION OF HOUSING FOR LOW - INCOME FAMILIES AND PERSONS
AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO
EXECUTE SAME.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO
that:
"PrTrnN 1
The Agreement dated November 14, 1983 between the City of
Pueblo and the State of Colorado for the rehabilitation and construction of
housing for low- income families and persons, a copy of which is attached
hereto and incorporated herein, having been approved as to form by the
City Attorney is hereby approved.
SECTION 2.
The President of the City Council is hereby authorized and
directed to execute said agreement for and on behalf of the City of Pueblo.
INTRODUCED November 14 , 1983
BY ISAAC C. DURAN
Councilman
,... /_
— Resi dent of •
ATTEST:
APPROVED:
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C i t A rn ey ____
STATE OF COLORADO
DIVISION OF HOUSING
John T. Maldonado, Director
Mr. Tom Lopez
Director
Department of Housing
City of Pueblo
237 South Santa Fe
Pueblo, Colorado 81003
Dear Tom:
Department of Local Affairs .4-:1ieoioo
Richard D. Lamm,
Governor
October 18, 1983'
Enclosed are four (4) copies of the contract prepared as the
result of your recent grant award.
Please ensure that each copy is individually signed by the
appropriate person and all copies are returned as soon as possible
to expedite processing. After the contract is executed by the
State, one fully executed contract will be returned to you.
If you should have any questions or if I can be of assistance,
please call me at 866 -2033•
Sincerely,
Ramona Elizalde
Administrative Officer
RE /jh
Enclosures
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1313 Sherman Street, 41S Centennial Building, Denver, Colorado 80203 (303) 866 -2033
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HOUSING PROJECT
CONTRACT
TMS ( ONTRACT, made this___-______day of _____ ...____. __ 19 by and bMw - een tlke
Stare of Cialorado P-or the use and benefit of the Department of " Local Affairs di of Ht,us
hcreinafter referred to Js the State, and 'z the Ci ty_ of P ueblo wh ose address is
#1 City Nall Place,_Pueblo, Colorado_ 81 003_
hereinafter referred to as the contractor,
WHEEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for paament in fund Number__ - 1001
G/L Account Number 5 5157 . Contract Encumbrance Number._ _._'. and
%VHFREAS. required approval, clearance and coordination has been accomplished from and with appropriate
a__encies; and
WHEREAS, in accordance with 24 -32 -705 C.R.S. 1973, as amended, State is
empowered to provide funds to public and private non - profit entities to induce
at least equal non -State investments for the construction, rehabilitation anti
acquisition of housing for low- income families and persons; and
WHEREAS, Contractor has as one of its intended purposes to provide adequate
housing and facilities incidental thereto for low - income families and persons;
and
WHEREAS, physical conditions exist in houses in Pueblo, Colorado, which
pose dangers to the health, welfare and safety of low - income
homeowner - occupants; and
WHEREAS, Contractor has adopted a program to provide adequate housing and
facilities incidental thereto for low- income homeowner- occupants and has
committed One Hundred Thousand Dollars ($100,000.00) from U. S. Department of
Housing and Urban Development Community Development Block Grant funds, a
non -State source for said program; and
WHEREAS, State deems it worthwhile to provide State funds to Contractor for
said housing program; _
NOW THEREFORE, it is hereby agreed that
1. In consideration for the funds to be received from the State,
Contractor shall implement a program for the rehabilitation of housing for
low- income homeowner - occupants;
2. State shall pay to Contractor a total amount not to exceed Fifty
Thousand Dollars ($50,000.00). Payment schedule shall be as follows: Two
disbursements. First disbursement will be for Forty -five Thousand Dollars
($45,000.00). Second disbursement will be for Five Thousand Dollars
($5,000.00). The first payment shall be made upon execution of this contract.
The succeeding payment /s shall be made upon request of Contractor and uport
determination by the State that all funds received by the Contractor pursuant
to this contract have been expended or committed in full compliance with the
terms of this contract. If, through any cause, the Contractor fails to fulfill
in a timely and proper manner its obligations under this contract, or if the
Contractor violates any of the covenants, agreements or stipulations of this
contract, the State shall have the right to terminate this contract as provided
for under Provision Sixteen (16) hereinafter, and to recover any uncommitted
and ineffectively or improperly used funds;
395.510I -CO1Q
Page 1 of _L. pages
*(See instructiomon reverw of 1.1.1 page.1
3. The proposed total funding for said program to provide adequate
housing for low- income homeowner- occupants is about One Hundred Fifty Thousand
Dollars ($150,000.00), of which State share is Fifty Thousand Dollars
($50,000.00), and Contractor non -State matching share is about One Hundred
Thousand Dollars ($100,000.00) from the U. S. Department of Housing and Urban
Development Community Development Block Grant program. In no event shall
Contractor non -State matching share be less than State share;
4. State funds and Contractor non -State matching funds shall be used
for the rehabilitation of housing units for low - income homeowner - occupants who
meet the income eligibility requirements of the U. S. Department of Housing and
Urban Development's (HUD) Section 8 Housing Assistance Payments Program. Other
public and private housing loan and grant funds, including federal and State
energy conservation and weatherization funds, shall be utilized, when feasible,
to complement and supplement said State funds and Contractor non -State matching
funds. In any case in which State funds are used to rehabilitate a low - income
housing unit, the aggregate amount of funds provided from all sources to said
low- income unit shall not exceed Ten Thousand Dollars ($10,000.00) unless
otherwise authorized by State;
5. State share shall be its maximum liability, and Contractor shall
pay the entire amount of any costs in excess of said proposed total funding;
6. No part of said State share shall be used for program planning,
development or administration;
7. State, other appropriate government agency, or any person
designated by such agency, shall have the right to inspect said housing
rehabilitation, provided that such inspection is conducted at a reasonable time
and in a reasonable manner;
8. State, other appropriate government agency, or any person
designated by such agency, shall have the right to audit said program account,
provided that such audit is conducted at a reasonable time and in a reasonable
manner;
9. Contractor shall cause said housing rehabilitation to be performed
in a good and workmanlike manner and in conformity with appropriate federal,
State and local requirements;
10. In the event that State funds provided to or for the benefit of a
low- income homeowner - occupant exceed Two Thousand Dollars ($2,000.00),
Contractor agrees to require owners of the rehabilitated housing to bind
themselves by contract to refund to Contractor any amount derived from. State
funds in the event said owners dispose of or cease to occupy the property to
which State funds have been applied. Unless otherwise authorized by State,
such contract shall provide for scheduled, equal, annual decreases in the
amount which the owner shall be required to refund, and such contract shall
remain in effect for at least five (5) years after completion of rehabilitation
of existing housing. Contractor shall record a copy of said contract with the
Clerk and Recorder of the County wherein the real property is located as an
encumbrance and lien on the real property, and shall use all State funds repaid
by the owner pursuant to said contract for the same purposes for which provided
by this contract. In the event Contractor ceases to administer said program,
all State funds repaid by owners pursuant to said contract shall be returned to
State;
11. All rehabilitation work undertaken with State funds shall be
competitively bid unless otherwise authorized by State;
Page 2 of 5 pages
�J
12. Contractor shall provide a status report at least every thirty (30)
days, or as required, showing program work accomplished and State and non -State
funds expended and remaining;
13. Contractor shall expend or encumber said State share and at least
an equal amount of said Contractor non -State matching share by October 31,
1984. Any unencumbered State funds remaining in the program account on said
date shall be returned to State;
14. Contractor shall deposit State funds in a separate, federally
insured account. All interest earned on State funds so deposited shall be used
by Contractor for the same purposes for which State funds are provided by this
contract. In the event Contractor is not able to implement or administer said
program, unencumbered State funds and all interest earned on State funds shall
be returned to State;
15. All benefits, obligations and rights either granted or reserved
herein to either party, its representative or designee, shall terminate October
31, 1989, unless extended by consent of both parties;
16. The State may, by giving fifteen (15) days notice, terminate this
contract, in whole or in part, for cause which shall include, but is not
limited to: 1) failure of Contractor to fulfill in a timely and proper manner
its obligations under this contract, including compliance with approved State
conditions and statutes; 2) ineffective or improper use of funds provided under
this contract. The Contractor shall not be relieved of liability to the State
for any damages sustained by the State by virtue of any breach of the contract
by the Contractor, and the State may withhold any payments to the Contractor
for the purpose of set -off until such time as the exact amount of damages du
the State from the Contractor is determined.
Page 3 of 5 pages
Form 6-AC -0. SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved b) the Controller of the State of Colorado or such
assistant as he may designate. '['his provision is applicable to any contract involving the payment of money by the Statc.
FUND AVAILABILITY
2. Financial obligations of die State payable after the current fiscal year arc contingent upon funds for that purpose being appropriate►l,
budgeted and otherwise made available.
BOND REQUIREMENT
3. if this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance,
or improvement of any building, raid, bridge. viaduct, tunnel, excavation or other public work for this State, the contractor shall.
before entering upon the performance of any such work included in this contract, duly execute and deliver to and file with the official
whose signature appears below for the State, a good and sufficient bond or other acceptable surety to be approved by said official
in a penal sum not less than one -half of the total amount payable by the terms of this contract. Such bond shall be duly executed
by a qualified corporate surety, conditioned for the due and faithful performance of the contract, and in addition. shall provide that
if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other
supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done, the surety will
pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum.
Unless such bond, when so required. is executed, delivered and filed, no claim in favor of the contractor arising under this contract
shall be audited, allowed or paid. A certified or cashier's check or a bank money order trade payable to the Treasurer of the State
of Colorado may be accepted in Iciu of a bond.
MINIMUM WAGE
4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousand
dollars and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of
any building or other public work, (except highways, highway bridges, underpasses and highway structures of all
kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the
contractor or any subcontractor on the building or public work covered by this contract shall be not less than the
prevailing rate of wages for work of a similar nature in tl►e city, town, village or other civil subdivision of the State in
which the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in
8 -16 -101, CRS 1973, as amended.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended
and other applicable law respecting discrimination and unfair employment practices (24 -34 -402, CRS 197 9 supplement), and as
required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto. the following provi-
sions shall be contained in all State contracts or sub - contracts.
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of
race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
The contractor will take affirmative action to insure that applicants are employed, and that employees are
treated during employment, without regard to the above mentioned characteristics. Such action shall include,
but not be limited to the follow7ng: employment, upgrading, demotion, or transfer, recruitment or
recruitment advertisings; lay -offs or terminations; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting forth
provisions of this non- discrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race. creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age.
(3) The contractor will send to each labor union or representative of workers with which he has collective
bargaining agreement or other contract or understanding, notice to be provided by the contracting officer,
advising the labor union or workers' representative of the contractors committment under the Executive
Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and
relevant Orders of the Governor.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order,
Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the
Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance
with such rules, regulations and orders.
(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in
such labor organization, or expel any such individual from membership in such labor organization or
discriminate against any of its members in the full enjoyment of work opportunity, because of race, creed,
color, sex, national origin, or ancestry.
(6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce
the doing of any act defined in this contract to be discriminatory or obstntct or prevent any person from
complying with the provisions of this contract or any order issued thereunder; or attempt, either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
395.53.01.1022 page - 4 of pages
Form 6•AC -02C
(7) In the event of tine contractor's non - compliance with the non - discrimination clauses of this contract or
with any of such notes, regulations, or orders, this contract may he cancelled, terminated or suspended in
whole or in part and the contractor may be declared ineligible for further State contracts in accordance with
procedures, authorized in k:xecutive Order. Equal Opportunity and Affirtn:itive Action of April i6, 197S anal
the riles, regulations, or order promulgated in accordance therewith, and such other sanctions as may be
imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and AffirlWitice
Action of April 16. 1975, or by rules, regrlations, or orders pr inulgated in accordance therewith, or as
otherwise provided by law.
(8) The contractor will include the provisions of paragraphs (1) through (8) in every subcontract and
Bute- contractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive
Order, Equal Opportunity and Affirmative Action of April 16. 1975, so that such provisions will be binding
upon each sub- contractor or vendor. 'the contractor will take such action with respect to any sub - contracting
or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including
sanctions for non - compliance; provided. however, that in the event the contractor becomes involved in, or is
threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting
agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest
of the State of Colorado.
COLORADO LABOR PREFERENCE
6. Provisions of 8 -17 -101, & 102, CRS 1973 for preference of Colorado labor are applicable to this contract if
public works within the State are undertaken hereunder and are financed in whole or in part by State funds.
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in
the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not
incorporated herein by reference which provides for arbitration by any extrajudicial body or person or which is
otherwise in conflict with said laws. rules acid regulations shall he considered null and void. Nothing contained in
any pro-6sion incorporated herein by reference which purports to negate this or any other special provision in
whole or in part shall be valid or enforceable or availahle in any action at law whether by way of complaint,
defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate
the remainder of this contract to the extent that the contract is capable of execution.
8. The signatories hereto aver that they are familiar with 18- 8.301. et seq., llWrihery and Corrupt Influences)
and 18 -9 -401, et seq.. (Abuse of Public Office). C.R.S. 1973. as amended. and that no violation of such provisions is
present.
9. 7 hr signatories aver that to their knowledge, no state employee his any personal or heneficial interest
whatsoever in the service or property described herein.
IN WITLESS WHEREOF, the parties hereto have executed this Agreement on tite day first above written.
CITY OF PUEBLO
Contracto ~YL�
Position — Ma yor;,
Srw•ial Security Nun►ber
ur
F ederat I.D. Number
AT ORNEV CVNERAL
By
STATE OF COLORADO
IMAJARD D. I -AM.M. GOB ERN(PIR
DEPARTMENT LOCAL A
OF_ ._ - _ - - -- -- — --
By � DIRT CTOR.
APPROVALS
COVI 901 1.1 K
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