HomeMy WebLinkAboutResolution-2002-0030
RESOLUTION NO. 30-2002
Series of 2002
TITLE:
A RESOLUTION AMENDING THE FISCAL YEAR 2002
CAPITAL IMPROVEMENT PROJECTS (CIP) BUDGET TO
REFLECT ACCEPTANCE OF THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG)
WHEREAS, the City of Wheat Ridge applied for and was awarded a grant to
provide fundlllg for publIc works and streetscape Improvements to Include the purchase
of street furniture, trash receptacles, clocks, planters and signs; and
WHEREAS, the City Council desires to accept the grant In the amount of
$189,560; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be
effected by the City CouncIl adoptlllg a Resolution,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City hereby accepts the grant.
B The City Manager is authOrIzed to execute all documents necessary for the
acceptance of the award.
C Upon receipt of the funds, that the funds be placed m the ClP Budget.
D The CIty of Wheat Ridge fiscal year 2002 CIP Budget be amended
accordlllgly, speCifically adding $189,560 Into the CIP revenue account
30-520-00-539
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DONE AND RESOLVED THIS ~ day of November, 2002.
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ATTEST:
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Wanda Sang, City erk
2001 AGREEMENT
for performance of a
Community Development Block Grant Activity
Cities
2000 and 2001 Program Year Funds
PARTIES TO THIS AGREEMENT: This Agreement, dated for reference purposes only this
day of April, 2002, is made and entered into by and between THE COUNTY OF
JEFFERSON, STATE OF COLORADO, a body politic and corporate, (the "COUNTY") and
CITY OF WHEAT RIDGE, STATE OF COLORADO, (the "CITY"), and
WHEREAS, the Parties are desirous of entering into an Agreement to carry out a Community
Development Block Grant (CDBG) activity.
NOW, THEREFORE, for and in consideration of the monies to be received, covenants and
conditions set forth herein, and for other good and valuable consideration, the sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. SCOPE OF SERVICES: CITY shall expeditiously do, perform, and carry out, in a
satisfactory and proper manner the "Scope of Services" as described and set forth in
Exhibit 1 ("Project"), which performance shall not extend beyond the end of the Period of
Performance, and shall provide the services and personnel, and furnish all related
materials, equipment and supplies necessary to accomplish the Scope of Services in a
manner satisfactory to the COUNTY and in accordance with the terms, conditions and
other provisions of this Agreement. As a part of such performance, CITY shall
substantially adhere to the "Scope of Services" attached hereto and incorporated herein as
Exhibit 1.
2. PROJECT BUDGET:
a. The COUNTY shall provide an amount to the CITY not to exceed $189,560
("Agreement Price") as budgeted for the performance of this Agreement as set
forth more specifically above in Paragraph 1 and in Exhibit 1.
This is a fixed cost agreement, and the amount set forth above shall cover all
direct costs, services, materials, equipment, and supplies used or expended
pursuant to this Agreement. CDBG funds may not be used for indirect costs.
b. Funds under this Agreement shall be spent as set forth in the "Project Budget"
attached hereto as Exhibit 2 and incorporated herein by reference.
c. The CITY shall adhere to the Project Budget as set forth more specifically in
subparagraph (b) above to the fullest practicable extent, but the CITY is not
precluded from making minor changes within the Scope of Services and Project
Budget as necessary, when preapproved by the COUNTY in the manner set forth
in the Community Development Amendment Policy attached hereto as Exhibit 4
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and incorporated herein by reference. Such minor changes, however, may only be
approved by the COUNTY if the total amount to be paid does not change and
does not exceed the total amount budgeted and provided the expenditure IS
eligible for reimbursement.
d. CITY will not be reimbursed for costs incurred prior to the Period of Performance
and prior to receiving wrItten confirmatIOn from COUNTY that the necessary
environmental reviews have been completed.
e. Environmental Review Procedures - Funds shall not be oblIgated or utilized for
any activities requiring a release of funds by the COUNTY and United States
Department of Housing and Urban Development ("HUD") under the
Environmental Review Procedures for the CDBG program at 24 CFR Part 58
until such release IS Issued m writmg by the COUNTY and HUD. Admllllstrative
costs, reasonable engineering and deSIgn costs, and costs of other exempt
activities identified in 24 CFR SectlOn 58.34(a)(l) through (10) do not require a
release of funds by HUD For categorically excluded activities listed in 24 CFR
Section 58.35(a), the COUNTY must make and document a determination that the
activities are exempt because there are no circumstances which require
compliance WIth any other Federal laws and authorities as cited at 24 CFR Section
58.5 pnor to the CITY Incurring costs for such activities. For projects not exempt
under Section 58.34 or categorically excluded under Section 58.35, the COUNTY
must prepare an Environmental Assessment and make a finding as described in 24
CFR Sections 58.36 through 5845. The finding must be publIshed and
disseminated to the public by the COUNTY pnor to the CITY incurring costs for
such projects. No funds shall be distributed under thIS Agreement until a findIng
of no significant impact is established.
f. CITY agrees to utilize funds available under this Agreement to supplement rather
than to replace funds otherwise available.
g. If Income is generated from this ProJect, ("Program Income") it must be tracked
by CITY and spent before addItional CDBG funds are requested. At project close
or termmation of this Agreement, outstanding Program Income shall be aSSigned
back to COUNTY. Quarterly reporting of Program Income IS reqmred even after
all project funds have been drawn down. The amount budgeted as set forth in the
Project Budget shall include all Program Income received.
3 PERIOD OF PERFORMANCE. The period of performance of this Agreement shall be
the time period set forth on the Schedule of Completion of Services set forth on Exhibit 3
which is attached hereto and Incorporated herein by reference (the "Period of
Performance"). The term of this Agreement and all provisions hereIn shall extend to and
cover any addItional time period during which the CITY remains in control of CDBG
funds or other assets, including Program Income.
The COUNTY shall have the right to terminate this Agreement, and the CITY shall
thereupon forfeit any unexpended funds if the CITY fails to substantially adhere to the
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Scope of Services and Schedule for Completion of Services set forth m Exhibits I and 3,
unless It IS determined by a court of competent jurisdiction that there were extenuating
circumstances beyond the control of the CITY and the goals or purposes of the project
can still reasonably be accomplished.
4 CITY DEFINITION. For the purposes of thiS Agreement, the term "CITY" shall mean. a
municipal corporatIon receiving CDBG funds from the COUNTY to undertake actlVltIes
described herein.
5 ACTIVITY RESPONSIBILITY AND REPRESENTATIVES AND NOTICE. All
apphcable invoices, statements, notices, inquiries, and replies shall be addressed and
served upon the respective representatives at the addresses below Any notice reqmred
hereunder shall be in writing and shall be effectively served upon personal dehvery
receipted for, or if mailed, upon the first to occur of receipt or the expiration of two (2)
busmess days after deposit in first class certified D.S mall, postage prepaId, return
receipt requested sent to the party at the address appearing below The parties may
change theIr representatIve or theu address at any time by written notice to the other
party. The following individuals are deSIgnated for the purposes of this Agreement as
representatives of the COUNTY and the CITY (or their successors or assigns),
respectively:
COUNTY:
Director
Community Development Department
730 SImms Street, Suite 300
Golden, Colorado 80401
CITY.
Anne Pitinga, Grants Administrator
City of Wheat Ridge
7500 W. 291h Avenue
Wheat Ridge, CO 80215
The parties may change theIr representatives at any time by wrItten notice to the other
party
6 METHOD OF PAYMENT.
a. CITY shall request reimbursement either on the basis of a lump sum payment
upon completion of the Scope of Services or on the basis of penodic payments
during the course of the Scope of Services as the work progresses.
b. Requests for periodic reimbursements shall be In a form acceptable to the
COUNTY and shall be submItted to the COUNTY's representatIve for review and
approval. Requests for periodic, partial reImbursements shall not be submitted
more frequently than two times per month and shall be supported and documented
on the baSIS of CITY costs actually incurred on the Scope of ServIces during the
period for which reimbursement is requested.
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c. In no event shall the COUNTY be lIable for or pay any extra costs, overruns or
additional amounts in excess of the fixed costs; provided, however, that thIS
provIsIon shall not prevent the above-fixed cost from bemg mcreased or decreased
by an amendment to this Agreement.
d. The COUNTY agrees to pay CITY the amount set forth above only from those
funds paid to the COUNTY by HUD pursuant to the Fundmg Approval
Agreement between the COUNTY and HUD for 2001 The CITY shall be subject
to the terms and condItions of said Agreement.
e CITY covenants that all invoices and requests for reimbursements for
compensation due under this Agreement shall be submitted no later than forty-five
(45) days after the end of the Period of Performance, as amended, or after
termInation of this Agreement, whichever event occurs first. All mvoices and
requests for reimbursements shall be for performance of work withIn the Penod
of Performance, as amended or as thereafter amended. All work not conducted
WIthin the Penod of Performance shall not be eligible for reImbursement under
this Agreement. Any request made after the forty-five (45) days shall be
considered untimely and may be denied, unless arrangements for additional days
have been requested by the CITY and approved by the COUNTY in advance of
the termInatlOn of this Agreement. Such approval by the COUNTY shall not be
unreasonably WIthheld. CITY hereby waIves all nghts, interests or claims to any
funds or compensation from the COUNTY for services rendered or costs incurred
under this Agreement not invoiced or requested for reimbursement and made in
WrIting to the COUNTY before the end of the 45-day penod after the Period of
Perfornlance or termination, whichever event occurs first.
f. The COUNTY's Representative shall have the authority to pay CDBG funds In
advance of expenditure by the CITY, at the sole discretion of the COUNTY'S
Representative, when project completion may be jeopardized due to unforeseen
CHcumstances of the CITY and the Project is deemed necessary to meetIng the
goals of the COUNTY's Consolidated Plan.
g Contractor's Settlement - If the Project involves construction or rehabilitation,
payment shall not be made to contractors until the CITY has approved the
payment and a notice of contractor's settlement has been published in
accordance with Section 38-26-107, C.R.S. The COUNTY will condition the
award upon receipt of any duly executed approvals of the corporate surety or
sureties issuing the bonds required hereunder. Such final settlement shall be
advertised as provided by statute at least twice, the last publication appearing at
least ten (10) days prior to the date of final settlement. On the date of final
settlement (or such later date as may be permitted by statute if claims are
asserted or litigation is commenced alleging nonpayment of funds due for labor,
materials, supplies, etc), payment and settlement shall be made in full (the
"Final Acceptance")
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7 HUD FUNDS The payment to the CITY pursuant to thIs Agreement IS contingent upon
CDBG funds beIng paid to the COUNTY by HUD If CDBG funds are not paid to the
COUNTY by HUD, thIS Agreement shall terminate. The CITY agrees that It will
include in every contract Into which It enters and agrees to pay CDBG monies, that it
relies on CDBG monies for fundmg. The CITY shall include in such contracts a clause
that will protect itself and the COUNTY from any lIability or responsibility or any SUlt
whIch mIght result from the discontinuance of CDBG fundmg for any reason.
8 INSURANCE.
a. The CITY shall procure and maintaIn Insurance of the types and amounts as set
forth on ExhibIt 10 which is attached hereto and incorporated herein by thIS
reference The County shall be an additional insured on all liabilIty poliCles.
CITY shall furnish the Commumty Development Department with copies of
certificates of all required insurance and such pohcies shall contain a proVIsion
that the County shall be given thirty (30) days wntten notice of cancellation or
material change of coverage. The certIficates shall Identify this Agreement and be
filed withIn ten (10) days following execution of this Agreement WIth the
Community Development Department at 730 SImms, #300, Golden, CO 80401
The County reserves the nght to reJect any insurer it deems not finanCIally
acceptable based on insurance industry resources. Property and Liability insurance
companies shall be licensed to do busmess in Colorado and have an AM Best
Rating of not less than B+ and/or VII.
b Performance and Labor and Materials Bond - If the Project involves
construction or rehabilitation, the CITY shall ensure that contractors furnish, at
the contractors' expense, a separate performance bond and a labor and materials
bond, each for an amount not less than 100% of the contract price. The bonds
shall be issued by a qualified corporate surety licensed to transact business in
Colorado If at any time during performance of the Work the surety on the
bonds shall be disqualified from doing business in Colorado, or shall become
insolvent or otherwise impaired, contractors shall furnish bonds from an
alternate surety acceptable to the County and the CITY. The bonds shall
remain in effect until Final Acceptance including completion of all warranty and
guaranty work and shall be delivered to the County prior to the commencement
of the Work. The contractors shall secure an increase in the bonds in an
amount equal to the cost of any additional work authorized pursuant to a duly
executed change order or contract amendment. If applicable, the bonds shall be
submitted to the County's Authorized Representative
c Guarantee - If the Project involves construction or rehabilitation, the CITY must
ensure that the contractors will guarantee the work against defects in
workmanship and materials for a period of one (1) year commencing on the
Final Acceptance as defined in the construction or rehabilitation contract (the
"Guarantee Period") Contractors shall also assign to the County and CITY any
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longer term guarantee of materials used by any contractors as may be provided
by the manufacturer. The contractors shall promptly replace any materials or
re-perform any portion of the Work found to be defective within the Guarantee
Period III accordance with the contract and without expense to the County or
CITY. If contractors fail to proceed promptly in accordance with these
guarantees, the County or the CITY may have the Work performed at the
expense of the contractor
9. INDEPENDENT CONTRACTOR/CITY AND INDEMNIFICATION.
a. In performing the Work, the CITY acts as an independent contractor responsible
for calculating, withholding, and paying all Federal and State taxes and for
obtaining necessary and adequate workers' compensatIon msurance, general
hability insurance and any other Insurance required under thIS Agreement. CITY
employees are not and shall not become employees, agents or servants of the
COUNTY hereunder The CITY and CITY employees are not entItled to
unemployment msurance benefits unless unemployment compensation coverage
IS provided by the CITY or some other entity and the CITY is obligated to pay
Federal and State income tax on any monies paId pursuant to this Agreement.
b The parties hereby agree to indemnify and hold each other harmless to the extent
set forth in the Intergovernmental Cooperation Agreement and any amendments
thereto between the CITY and the COUNTY for Community Development Block
Grant Programs for all losses, damages or liability incurred or suffered by the
other party due to acts or omIssions of the CITY or COUNTY, ItS subcontractors,
officers, employees and agents in the performance of thIS Agreement for which
the COUNTY and/or CITY are not immune under the Governmental Immumty
Act, S 24-10-101, et seq., C.R.S. 1973 (as amended). Nothing herein shall be
construed as a waiver of defenses available to the CITY and the COUNTY under
the Governmental Immumty Act.
10 COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS AND INDEMNI-
FICATION WITH RESPECT THERETO. The CITY specifically agrees to comply In
the performance hereof with all of the requirements set forth in Exhibit 5 which exhibit IS
incorporated herein by this reference and WIth all local, state and federal ordinances,
codes, laws, rules, regulations, orders, and guidelines that are referenced herem and
apphcable to the Scope of Services or that may be or become applicable to the Scope of
Services even though not stated herein. The following federal regulations are attached to
this Agreement and are also mcorporated into this Agreement by reference as Exhibits 6,
7 and 8 respectively: 24 CFR Part 85, OMB Circular A-87, "Cost Principles for State and
Local Governments", and OMB Circular A-I33, "Audits of Higher Education and Other
Nonprofit InstItutions"
In addition, performance of work involving any physical constructlOn or Improvements
shall conform to applIcable building permIt and inspection requirements of the COUNTY
or the apphcable jurisdiction. The CITY agrees to indemnify and hold the COUNTY
harmless to the extent set forth In the Intergovernmental CooperatlOn Agreement, and any
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amendments thereto, between the CITY and the COUNTY for Community Development
Block Grant Programs from any fine, penalty, loss, damage or liablhty the COUNTY
may incur or suffer, including attorneys' fees, arismg from failure of the CITY or Its
subcontractors, officers, employees or agents to comply with any provIsion referred to or
incorporated by this paragraph 10
II QUARTERLY PERFORMANCE REPORT. CITY shall prepare and submit to the
COUNTY at least every three (3) months a detailed Quarterly Performance Report no
later than fifteen (15) days after the end of each quarter beginning October 15 for the
penod from June 1 through August 31, and no later than January 15, April 15, and July
15 in subsequent years until the project is completed. SaId report shall be in a format
approved by COUNTY and shall be dIrectly related to the Scope of Services and Project
Budget. The contents of the report shall provide data and informatIon to COUNTY to be
used for coordinating, momtonng and evaluating the Scope of Services to Its completlOn.
FaIlure to submit said report may constitute grounds for withholding compensation.
12. TERMINATION AND EXCUSABLE DELAYS.
a. Termination for Cause. If, for any reason, the CITY shall fail to substantially
perform the work required by the Scope of ServIces under this Agreement or fails
to ensure the performance of, by legal means if necessary, the work called for
hereIn with such diligence as will ensure its completlOn withIn the Penod of
Performance of this Agreement or as the period may have been amended, or
materially fails to comply with any of the terms, condItions, or other provisions of
this Agreement which shall constItute a violation or breach of this Agreement,
the COUNTY may, for cause, terminate thIS Agreement in advance of the end of
the stated Period of Performance by gIving written notice to the CITY at least 5
working days in advance of the effective termination date and shall state in the
notice the reason or reasons for the termination. In the event of termInation under
this subparagraph, the CITY shall be paid for all work satIsfactorily completed
commensurate with the amount of work done on the Scope of Services up to the
date of termination less all amounts prevlOusly paid; provided, however, that the
CITY shall not be paid nor be consIdered eligible for payment of termination
expenses, incidental, dIrect or consequential costs or damages or loss of profits
due to the terminatlOn. In additlOn to the other remedies available to it, m the
event the COUNTY terminates this Agreement due to the CITY's failure to cure
any default as provided herem above or due to the CITY's breach or violation of
any covenant, agreement or assurance herem, the COUNTY retains the right and
may, at its optlOn, make written demand for repayment of, and CITY shall
Immediately upon receipt of such wntten demand of the COUNTY, repay all
sums receIved by the CITY from the COUNTY under this Agreement as of the
date of said demand, plus interest thereon at the legal rate plus all expenses
incurred by the COUNTY, including reasonable attorney's fees incurred in
recovenng SaId sums, except that CITY may retain amounts whIch reflect
payment for work satisfactorily completed. If the COUNTY does not prevail,
CITY is entitled to recover its attorneys' fees.
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b. Termination for the Convemence of the COUNTY This Agreement may be
terminated by the COUNTY at any time in advance of the end of the Period of
Performance. In such event, the COUNTY shall give notice thereof to the CITY
as provided in subparagraph (a) above, and the CITY shall be paid for all work
satisfactorily completed commensurate with the amount of work done on the
Scope of Services up to the date of terminatIon less all amounts previously pmd,
and In addition thereto, any other amount as mutually agreed upon by the parties
for the documented direct and incidental termination expenses due to the
termination.
c TerminatlOn for the Convenience of the CITY. The CITY may terminate this
Agreement at any time in advance of end of the Period of Performance with the
consent of the COUNTY. The CITY shall give the COUNTY written notice of
any such terminatlOn at least 15 working days III advance of the effective date
thereof and shall state in the notice the reason or reasons for the termination and
the effective date of termination. The CITY shall be paId for all work
satIsfactorily completed commensurate with the amount of work done on the
Scope of Services up to the date of termination less all amounts previously paId,
proVIded, however, the CITY shall pay or refund to the COUNTY, or the
COUNTY may offset against any balance due the CITY, an amount as damages to
the COUNTY sufficient to pay all costs and expenses incurred or obligated by the
COUNTY III completIng the Scope of Services, or contractlllg for Its completion,
which IS in excess of the Agreement Price or the cost of the Scope of ServIces
plus the COUNTY's expenses. In addition to the foregoing, the CITY shall
neither be paid nor be considered eligible for payment of term Illation expenses,
Illcidental, direct or consequential costs or damages or loss of profits due to the
terminatlOn.
d. Records and Subcontracts. Upon any terminatlOn ofthis Agreement in advance of
Its expiration date, all undehvered documents, maps, models, photographs, reports
or copies thereof, matenals, equipment, supplies or other items prepared by the
CITY or its subcontractors for use in the Agreement work, shall be delivered to
the COUNTY in their state of preparation at the time of terminatIOn subject to the
provisions of any terminatlOn agreement or order providing otherwise. The CITY
shall also Illllnedlately notIfy the COUNTY of all subcontracts, purchase orders or
other commitments of the CITY which shall be outstandmg on the termlllatlOn
date and shall take such actlOn with respect thereto as the partIes hereto shall
mutually determine. No termination hereunder shall relieve the CITY of Its
responsibilities to maintain Scope of Services records in accordance WIth thiS
Agreement.
e. Reversion of Assets. Upon the terminatlOn of this Agreement, the CITY shall
transfer to the COUNTY any CDBG funds on hand at the tIme of termmation and
any accounts receivable attributable to the use of CDBG funds. Any real property
that was acqmred or improved in whole or in part with CDBG funds m excess of
$25,000 shall upon the termlllation of the Agreement either meet a CDBG
national objective for at least five years thereafter or shall be disposed of and
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proceeds of the fair market value of the property, less any value obtained through
non-CDBG funds, be returned to the COUNTY. CITY shall not change the use of
any such property from that for which the acquisition was made unless affected
citizens have been provided with reasonable notice of and opportunity to
comment on any proposed change.
f. Termination Hearings and Appeals. Prior to any termination, the CITY retains
the right to such hearing, appeal, or other administrative proceeding as the CITY
IS entitled to under applIcable statutes or regulatlOns.
g. Upon termination of thIS Agreement for any reason or expiratlOn of the Period of
Performance, the COUNTY shall be entitled to allocate to other quahfying
entIties and projects, any CDBG funds not utIlized by the CITY for the Services
described in Exhibit I or any assets which reverted to the COUNTY pursuant to
paragraph 13
13 CLOSE-OUTS. CITY obligations to the COUNTY shall not end until all close-out
requirements are completed as determined by the COUNTY ActivitIes dunng thIS
close-out period shall include, but are not limited to making final payments, dIsposing of
program assets (including the return of all unused materials, equipment, unspent cash
advances, program Income balances, copIes of transferred records, and receIvable
accounts to COUNTY upon closeout or upon the COUNTY's request), and determining
the custodianship of records.
14 VIOLATIONS AND BREACHES OF AGREEMENT
a. RestrictIOn on Disbursements. Notwithstanding any proVIsion appearing to the
contrary, the COUNTY may WIthhold payments or disbursements under thIS
Agreement to the CITY where the CITY fails to comply WIth all apphcable
provisions found III thIS Agreement and with all other HUD reqUIrements
apphcable to the Scope of Services.
b. Setoff. Notwithstanding any provision appearing to the contrary, the CITY shall
not be relieved of liability to the COUNTY for damages sustained by the
COUNTY by virtue of any breach of this Agreement by CITY. The COUNTY
may withhold payment of compensation to CITY for the purpose of setoff until
such time as the exact amount of damage incurred by the COUNTY which would
be due from CITY is determined and paid. Such damages may include funds that
the COUNTY must return to HUD because of HUD's disquahficatlOn of Scope of
SerVIces funded.
15 AMENDMENTS
a. Either party to this Agreement may request Amendments to this Agreement at any
time, but no change shall be bindIng unless it is mutually agreed upon by the
partIes to thIS Agreement. All Amendments shall be m writing and authorized
pnor to any work being done thereon by an executed amendment to thiS
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Agreement. This paragraph notwithstanding, extenslOns in the Penod of
Performance may be made in accordance with the provisions of subparagraph (b)
below and minor changes may be made in accordance with the provisions of
subparagraph 2( c) herein.
b The Director of CommunIty Development of the COUNTY is hereby delegated
the authority to grant extensions in wrIting to the Period of Performance of this
Agreement when such extensions are determmed by the Director of Community
Development, at her sole discretion, to be necessary for the satisfactory
completion of the Scope of ServIces. Extensions of the Period of Performance
beyond one year shall not be granted unless the Director of Community
Development determmes, in her sole discretion, that there are extenuating
circumstances JustIfying such extension. All extenslOns of the Period of
Performance shall be requested in writing by CITY and submitted to the Director
of Community Development for review and for obtaInmg a wntten approval as
herein proVIded. Upon such approval, the Director of CommunIty Development
shall endorse the CITY's request accordingly for and on behalf of the COUNTY,
and it shall thereupon be appended to this Agreement and become an amendment
hereof.
c Any change in or new federal, state or local law, rule, Executive Order, Office of
Management & Budget CIrcular, or other regulation under which this Scope of
Services is to be performed which may constItutionally be apphed to this Scope of
Services and which, by Its terms, IS intended to be apphed to this Scope of
Services, shall be deemed to be incorporated mto thIS Agreement.
16 INTEGRA TED DOCUMENT This Agreement including all exhibits embodies the
entire understanding between the COUNTY and the CITY for the Scope of SerVIces and
their terms and conditions. No verbal agreements or conversation with any officer, agent
or employee of the COUNTY or CITY prior to or subsequent to the execution of this
Agreement shall affect or modify. any of the terms or obligations contained in any
documents comprising this Agreement.
17 NON-ASSIGNABILITY CITY may subcontract the performance under this Agreement
m whole or in part; however, the responsibility for the performance of thIS Agreement
shall not be assigned or transferred by the CITY WIthout the pnor written consent of the
COUNTY Subcontracts or purchase orders for equipment, materials or supphes, or for
assistance In the performance hereof, are permissible where undertaken in accordance
with apphcable federal procurement requirements.
18 SUCCESSORS The CITY covenants that the provisions of this Agreement shall be
bIndmg upon ItS heirs, successors, subcontractors, representatives, and agents.
19 INCORPORATION BY REFERENCE. All of the parts of this Agreement and those
which may become properly appended hereto, and all applicable federal, state, and local
laws, rules, regulations, circulars, Executive Orders pertaining to the CommunIty
Development Block Grant Program and this Scope of Services and the Funding
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Approval/Agreement executed by the Umted States Department of Housing and Urban
Development and the COUNTY and any other document referenced for IllcorporatlOn are
mcorporated herein by this reference.
20 SEVERABILITY CLAUSE. The declaration by my court or other binding legal
authority that any provIsion of this contract is illegal and void shall not affect the legality
and enforceability of any other provislOn of thIS contract unless said provIsions are
mutually dependent.
21 SURVIVIAL OF TERMS. NotwlthstmdIng anythmg herem to the contrary, the parties
understand and agree that all terms and conditIons of this Agreement, and the exhibits
and attachments hereto, whIch may require continued performance or compliance beyond
the termination date of thIS Agreement shall survive such termination date and shall be
enforceable as provided herein in the event of a failure to perform or comply by a party to
this Agreement.
22. EFFECTIVE DATE OF AGREEMENT This Agreement shall be effectIve from the date
of execution by the COUNTY or the date of execution of the CITY, whichever date
occurs last.
IN WITNESS WHEREOF, the partIes have caused this Agreement to be duly executed
on the day, month and year below
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ATTEST
By' ~0L-d~~
City Clerk
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Clerk to the Board
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By. ~ {rt~
ic e Ie Lawrence, Chairman
Board of County Commissioners
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M:lCiROUPSICOMMDEV\200l CDBG\2001 CDBG Agmt WRidge Streetseape Revitalization Project doc
11
'l. Becky McLean - cdbgstreetscape.wpc1
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Page 1
STREETSCAPE/REVIT ALIZA TION PROGRAM
EXHIBIT 1- SCOPE OF SERVICES
A. Identification of the CDSG National Objective:
570.208(a)( I) - Low/Mod Area
B Project Description
This program will provide funding for public works and streetscape improvements in a
low/moderate area. CDSG funds will be used to purchase street furniture, trash recepticles,
clocks, planters and signs.
C Population to be Served
The project area is on West 38'" A venue between Sheridan and Harlan on the south side of the
street. This is a low/moderate area as defined by the 1990 census. It is anticipated that if the
commercial area in the census tract becomes more viable, there will be additional jobs for
low/moderate income individuals.
EXHIBIT 1
SCOPE OF SERVICES
I Bec~ky McLean - cdb~~tr_ee~~~J)ce~~~
Page 2
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STREETSCAPE/REVIT ALIZA nON PROGRAM
EXHIBIT 2 - PROJECT BUDGET
Description
Cost
Street furniture, clocks, trash recepticals,
planters and signs
$189,560
Source
Amount
Jefferson County - CDBG $189,560
($27,360 is from 2000 CDBG funds, $2,200 is from unused Camp PaHa 2000 CDBG funds and
$160,000 from 2001 CDBG funds)
Please note that the City of Wheat Ridge will be expending capital improvement funds for the
design and reconstruction of the roadway and sidewalks. These are specifically not included as
part of the CDBG project.
EXHIBIT 2
PROJECT BUDGET
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STREETSCAPE/REVIT ALlZA nON PROGRAMS
EXHIBIT 3 -- TIME LINE
On or Before
August 1,2001
Planning and design
January, 2002
Begin Bid process
May 15, 2002
Order street furniture etc.
September 30, 2002
All furniture etc. in place
EXHIBIT 3
SCHEDULE OF COMPLETION OF
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Page 3
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SERVICES J
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JEFFERSON COUNTY
COMMUNITY DEVELOPMENT AMENDMENT POLICY
for Community Development Block Grant (CDBG) and
HOME Investment Partnerships Program (HOME)
L MINOR BUDGET ADJUSTMENTS
Adjustments in budget line items are allowable as necessary provided the change does not exceed the
total amount awarded and provided the expenditure is eligible for reimbursement. The Director of the
Community Development Department is authorized to approve minor budget adjustments. Recipients
of CDBG or HOME awards should request approval of these adjustments in writing. The Director of
Community Development will notifY the recipients in writing of the County's approval.
II. MINOR PROJECT MODIFICATION
A minor project modification is a change in the project, but which does not result in an increase to the
previously determined award amount nor a change to the national objective or activity category as
designated for the original project.
To request a minor project modification the recipient must submit a letter describing the changes,
including a revised budget, to Jefferson County Community Development Department. The Director
of Community Development will review the requested modification.
The Director of Community Development has the authority to approve minor project modifications
affecting less than $\ 0,000 of the project award amount. For modifications in a project affecting
between $\0,000 and $25,000 of the project award amount, approval by the Director of Human
Services is required. Approval of the County Administrator is required if the modification in the
project affects the project in an amount of $25,000 or more.
The Director of Community Development will notify the recipient in writing that the modification has
been approved and that the recipient may proceed with project implementation, or that the requested
modification has not been approved.
Ill. SUBST ANTlAL PROJECT MODIFICATION
A substantial project modification is any change that is not a minor budget adjustment or minor
project modification as described above.
Prior to formal submission, the Director of Community Development must review the proposed
modification for CDBG or HOME eligibility and consistency with the Consolidated Plan. Upon
formal written request from the recipient, the Community Development Department will.
- review the project for complete information, for compliance as an eligible CDBG or
HOME activity, and for consistency with the Consolidated Plan;
- consult with the Human Services & Community Development Advisory Board if
deemed appropriate by the Director of Community Development;
- complete an environmental review, if required,
-consult with the County Attorney if standard contract provisions may be at issue;
and
- ensure that the public is informed of the proposed change if required by the Citizen
Participation Plan.
Substantial project modifications require approval of the Board of County Commissioners and an
amendment to the Contract.
EXHIBIT 4
M:\GROUPS\COMMDEV\2000 CDBG\Exhibit4.doc