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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 ,'<' DONE AND RESOLVED THIS ~ day of November, 2002. .'.11 -f.. r ,.,..' ATTEST: . ! -))ltU{AV~ I~ 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 M:\GROUPS\COMMDEV\200l CDBG\200l CDBG Agmt WRidge Streetscape Revitalization Project.doc 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 M:\GROUPS\COMMDEV\2001 CDBG\2001 CDBG Agmt WRidge Streetscapc Revitalization Project doc 2 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. M:\CiROUPS\COMMDEV\2001 CDllG\2001 CDllG Agmt WRidge Streetscape Revitalization Projcct.doc 3 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") M:IGROUPSICOMMDEV\2001 CDBG\2001 CDBG Agmt WRidge Strcctscape Revitalization Project.doc 4 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 M:\(JROUPS\COMMDEV\2001 CD8(1\2001 CDBG Agmt WRidge Streetscape Revitalization Project.doc 5 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 M:\GROlJPS\COMMDEV\200l CDBG\200l CDBG Agmt WRidge Streetseape Revitalization Projeet.doe 6 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. M:lCiROUPSICOMMDEVI2001 CDB(,12001 COBCi Agmt WRidge Streetscape Revitalization Projecrdoc 7 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 M:\GROUPS\COMMDEV\2001 CDBG\2001 CDBG Agmt WRidge Streetscape Revitalization Project.doc 8 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 M:lGR()UP~\COMMDEV\2001 CDB0\2001 CDBG Agmt WRidge Streetscape Revitalization Project.doc 9 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 M:\( iROUPS\COMMDEV\2001 CDBG\2001 CDBG Agmt WRidge Strcetscape Revitalization Project. doc 10 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 ,-"') , > ATTEST By' ~0L-d~~ City Clerk ( . -~ t.. 'A~T T:... "~/' "- , -.. , ,'/ \ , {\ Y' \ . r ~" ./ ,/;,.""'/z,,l?1:{,", Y:fCk.-<. . { Clerk to the Board JEF~:;;'~ By. ~ {rt~ ic e Ie Lawrence, Chairman Board of County Commissioners D,te ~ /!Pt:Jt7~ M:lCiROUPSICOMMDEV\200l CDBG\2001 CDBG Agmt WRidge Streetseape Revitalization Project doc 11 'l. Becky McLean - cdbgstreetscape.wpc1 . _H ,.~. ,.~~:;;, :.:.......:..:..:_;.M..,;:.:;;C......._:.;,.._,.. .,.;.. i.-''-..:;;......:...;._-'- 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 --I 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 ! f I ! ! ---~--~~--~-~ ~e~~x ~~L=-~~._-_:~~9.s!r~~~~~~~e.\^IY( ~~~~____~_~_~___.~__. ___~_~ 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 ,..,.._,_.".,.,.._~______'_'_ _---=-"".c,_~__._._._ ~"'" Page 3 , , SERVICES J --~~~--~~-~--~-. .... 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