HomeMy WebLinkAbout20100169.tiff RESOLUTION
RE: APPROVE AMENDMENT #1 TO WELD COUNTY YOUTH CONSERVATION CORPS
GRANT AGREEMENT AND AUTHORIZE CHAIR TO SIGN-GOVERNOR'S COMMISSION
ON COMMUNITY SERVICE, COLORADO AMERICORPS PROGRAM
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with Amendment#1 to the Weld County Youth
Conservation Corps Grant Agreement between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Human Services, Employment Services of Weld County, and the Governor's Commission on
Community Service, Colorado AmeriCorps Program, commencing upon full execution, with terms
and conditions being as stated in said amendment, and
WHEREAS, after review,the Board deems it advisable to approve said amendment, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Amendment #1 to the Weld County Youth Conservation Corps Grant
Agreement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Human Services, Employment
Services of Weld County, and the Governor's Commission on Community Service, Colorado
AmeriCorps Program, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 20th day of January, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
my ELD COUNTY, COLORADO
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•Weld County Clerk to the Boa i �'. �!
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Deputy Clerk to the Board
Sean P. o;way
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David E. Long
Date of signature: Du l to
2010-0169
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MEMORANDUM
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f DATE: January 15, 2010
WIlDTO: Douglas Rademacher, Chair, Board of County Commissi ners
O FROM: Judy A. Griego, Director, Human Serve s Dep mi menta
COLORADO RE: Amendment 1, #9489 to the AmeriCorps Grant Agreement
#6138 between the Weld County Department of Human
Services and the State of Colorado, Office of the Lieutenant
Governor, Governor's Commission on Community Service
Enclosed for Board approval is the Amendment 1, #9489 to AmeriCorps Grant Agreement#6138
between the Department and the State of Colorado, Office of the Lieutenant Governor, Governor's
Commission on Community Service. This Amendment was presented at the Board's January 6,
2010, Work Session.
This amendment increases the maximum amount of the AmeriCorps contract to $186,983.00 and
increases the total of part-time and full-time AmeriCorps members to 30. The original grant request
was reviewed by the Board at the November 3, 2008, Work Session and the Contract was signed at
the October 21, 2009, regular Board meeting.
If you have any questions, please give me a call at extension 6510.
2010-0169
Exhibit B
GRANT FUNDING CHANGE LETTER
Date: State Fiscal Year: Grant Funding Change Letter# CMS Routing #
TO: Board of Weld County Commissioners
In accordance with §8 of Amendment#1 (CMS # ) to the Original Contract (CMS#
6138) between the State of Colorado, Governor's Commission on Community Service, and
Board of Weld County Commissioners beginning October 5, 2009 and ending on October 4,
2010, the undersigned commits the following funds to the Grant:
The amount of grant funds available and specified in §7A of the Original Contract is increased
by $ to a new total funds available of$ for the following reason:
Section 7A is hereby modified accordingly.
This Grant Funding Letter does not constitute an order for services under this Grant.
The effective date of hereof is upon approval of the State Controller or , whichever is
later.
STATE OF COLORADO
Bill Ritter, Jr. GOVERNOR
Office of the Lieutenant Governor
Governor's Commission on Community Service
By: Bruce Atchison, Chief of Staff, Lt. Governor Barbara
O'Brien
Date:
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approve all State Grants.This Grant is not valid until signed and dated
below by the State Controller or delegate.Grantee is not authorized to begin performance until such time. If Grantee
begins performing prior thereto,the State of Colorado is not obligated to pay Grantee for such performance or for any
goods and/or services provided hereunder.
•
STATE CONTROLLER
David J. McDermott, CPA
By:
Date:
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STATE OF COLORADO
GOVERNOR'S OFFICE OF INFORMATION TECHNOLOGY ihag:A
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601 East 18th Avenue,Suite 250 I �
Denver,Colorado 80203 . ,
Phone(303)764-7700 boa,,"
Fax(303)764-7725
www.colorado.gov/oit Bill Ritter,Ir.
Governor
Michael Locals
State Chief Information Officer
December 9, 2009
Board of Weld County Commissioners
Weld County Division of Human Services
P.O. Box 1805
Greeley, CO 80632
Attn: Tami Grant
Re: Amendment 1, #9489, to Original Grant Agreement#6138
Attached, for your review and approval, is the document(s) that make up Amendment 1, #9489, to
Original Grant Agreement Number 6138 between Board of Weld County Commissioners and the State of
Colorado, Office of the Lieutenant Governor, Governor's Commission on Community Service (GCCS).
The purpose of this Amendment is to increase funding for Original Grant Agreement#6138.
If the Agreement meets with your approval, please print and sign four copies and mail them to me via
overnight mail at your earliest convenience to the following address. If your company is a corporation,
please provide the corporate seal on the signature pages as well. Please include a copy of your
company's proof of signature authority for the individual signing this contract, and a copy of your
Certificate of Insurance coverage in accordance with Section 13 of the Original Grant Agreement.
Governor's Office of Information Technology
Attn: Cindy Howe, OIT Contract Unit
601 East 18th Avenue, Suite 250
Denver, CO 80203
Our office will send you a copy of the fully signed and executed document once all State of Colorado
signatures have been obtained. Should you have any questions, please contact Mark Skinner at the
GCCS at (303) 866-2565.
Thank you for your prompt response.
Sincerely,
Cindy Howe
Procurement Assistant
OIT,h,.;‘,
Increasing the effectiveness of government through information technology
GRANT CONTRACT AMENDMENT
Amendment#1 I Original Contract CMS # 6138 I Amendment CMS # 9489
1) PARTIES
This Amendment to the above-referenced Original Grant Contract (hereinafter called the
Contract) is entered into by and between Board of Weld County Commissioners, Weld
County Division of Human Services (hereinafter called "Grantee"), and the STATE OF
COLORADO (hereinafter called the "State") acting by and through the Governor's
Commission on Community Service, (hereinafter called "GCCS").
2) EFFECTIVE DATE AND ENFORCEABILITY
This Amendment shall not be effective or enforceable until it is approved and signed by the
Colorado State Controller or designee (hereinafter called the "Effective Date"). The State
shall not be liable to pay or reimburse Grantee for any performance hereunder including, but
not limited to, costs or expenses incurred, or be bound by any provision hereof prior to the
Effective Date.
3) FACTUAL RECITALS
The Parties entered into the Contract for recruitment of up to 20 AmeriCorps members to
work on a variety of projects in Greeley and the surrounding county of Weld. The State has
additional funds to disburse to Grantee to further the purposes of this Grant.
4) CONSIDERATION-COLORADO SPECIAL PROVISIONS
The Parties acknowledge that the mutual promises and covenants contained herein and
other good and valuable consideration are sufficient and adequate to support this
Amendment. The Parties agree to replacing the Colorado Special Provisions with the most
recent version (if such have been updated since the Contract and any modification thereto
were effective) as part consideration for this Amendment. If applicable, such Special
Provisions are attached hereto and incorporated by reference herein as Exhibit A.
5) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Contract, and the Contract and all
prior amendments thereto, if any, remain in full force and effect except as specifically
modified herein.
6) MODIFICATIONS.
The Contract and all prior amendments thereto, if any, are modified as follows:
a. Maximum Amount
Section 7.A of the Original Contract is amended to state that the maximum amount
payable under this grant by the State during the contract term specified in §5A of the
original contract is $186,983 as determined by the State from available funds.
b. Recruitment and Training
Section 23.A of the Original Contract is amended to state that the Board of Weld
County Commissioners, Division of Weld County Division of Human Services, Weld
County Youth Conservation Corps shall place 30 part-time and full-time AmeriCorps
members to serve in the service projects in Greeley and Weld County described in the
Original Contract.
7) START DATE
This Amendment shall take effect on the later of its Effective Date or December 1, 2009.
8) AMENDMENT BY GRANT CONTRACT FUNDING LETTER
The State may increase of decrease funds available under this Contract using a Grant
Funding Letter substantially equivalent to Exhibit B. The Grant Funding Letter is not valid
until it has been approved by the State Controller or designee.
9) ORDER OF PRECEDENCE
Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or
contradiction between the provisions of this Amendment and any of the provisions of the
Contract, the provisions of this Amendment shall in all respects supersede, govern, and
control. The most recent version of the Special Provisions incorporated into the Contract or
any amendment shall always control other provisions in the Contract or any amendments.
10) AVAILABLE FUNDS
Financial obligations of the state payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, or otherwise made available.
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
* Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's
behalf and acknowledge that the State is relying on their representations to that effect.
GRANTEE STATE OF COLORADO
Board of Weld County Commissioners Bill Ritter,Jr. GOVERNOR
By Douglas Rademacher Office of the Lieutenant Governor
Title: Chair Governor's Commission on Community Service
)9 it\-- , irh the11 By: Bruce Atchi n, Chief of Staff
*Signature
•
Date: JAN 2 02010 Date: ��./7":o
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid
until signed and dated below by the State Controller or delegate. Grantee is not authorized to begin
performance until such time. If Grantee begins performing prior thereto,the State of Colorado is not
obligated to pay Grantee for such performance or for any goods and/or services provided hereunder.
STATE CONTROLLER
David J. McDermott, CPA
By:
Date: 3 -3—/°
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11) Exhibit A—Special Provisions
These Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been
approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the
current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and
otherwise made available.
3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted
as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions,
of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28
U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter amended.
4. INDEPENDENT GRANTEE. Grantee shall perform its duties hereunder as an independent contractor
and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be
an agent or employee of the State. Grantee and its employees and agents are not entitled to
unemployment insurance or workers compensation benefits through the State and the State shall not pay
for or otherwise provide such coverage for Grantee or any of its agents or employees. Unemployment
insurance benefits will be available to Grantee and its employees and agents only if such coverage is
made available by Grantee or a third party. Grantee shall pay when due all applicable employment taxes
and income taxes and local head taxes incurred pursuant to this contract. Grantee shall not have
authorization, express or implied, to bind the State to any agreement, liability or understanding, except as
expressly set forth herein. Grantee shall (a) provide and keep in force workers' compensation and
unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when
requested by the State, and (c) be solely responsible for its acts and those of its employees and agents.
5. COMPLIANCE WITH LAW. Grantee shall strictly comply with all applicable federal and State laws,
rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied
in the interpretation, execution, and enforcement of this contract. Any provision included or incorporated
herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any
provision incorporated herein by reference which purports to negate this or any other Special Provision in
whole or in part shall not be valid or enforceable or available in any action at law, whether by way of
complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision
shall not invalidate the remainder of this contract, to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration
by any extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein
by reference shall be null and void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public
funds payable under this contract shall not be used for the acquisition, operation, or maintenance of
computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee
hereby certifies and warrants that, during the term of this contract and any extensions, Grantee has and
shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If
the State determines that Grantee is in violation of this provision, the State may exercise any remedy
available at law or in equity or under this contract, including, without limitation, immediate termination of
this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial
interest whatsoever in the service or property described in this contract. Grantee has no interest and shall
not acquire any interest, direct or indirect, that would conflict in any manner or degree with the
performance of Grantee's services and Grantee shall not employ any person having such known
interests.
10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental
agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the
State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts
or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in
CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher
Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other
unpaid debts owing to the State as a result of final agency determination or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements
relating to the offer, issuance, or sale of securities, investment advisory services or fund
management services, sponsored projects, intergovernmental agreements, or information
technology services or products and services] Grantee certifies, warrants, and agrees that it does not
knowingly employ or contract with an illegal alien who will perform work under this contract and will
confirm the employment eligibility of all employees who are newly hired for employment in the United
States to perform work under this contract, through participation in the E-Verify Program or the
Department program established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not knowingly employ
or contract with an illegal alien to perform work under this contract or enter into a contract with a
subGrantee or subcontractor that fails to certify to Grantee that the subGrantee shall not knowingly
employ or contract with an illegal alien to perform work under this contract. Grantee (a) shall not use E-
Verify Program or Department program procedures to undertake pre-employment screening of job
applicants while this contract is being performed, (b) shall notify the subGrantee and the contracting State
agency within three days if Grantee has actual knowledge that a subGrantee or subcontractor is
employing or contracting with an illegal alien for work under this contract, (c) shall terminate the
subcontract if a subGrantee or subcontractor does not stop employing or contracting with the illegal alien
within three days of receiving the notice, and (d) shall comply with reasonable requests made in the
course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of
Labor and Employment. If Grantee participates in the Department program, Grantee shall deliver to the
contracting State agency, Institution of Higher Education or political subdivision a written, notarized
affirmation, affirming that Grantee has examined the legal work status of such employee, and shall
comply with all of the other requirements of the Department program. If Grantee fails to comply with any
requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of
higher education or political subdivision may terminate this contract for breach and, if so terminated,
Grantee shall be liable for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Grantee, if a natural person
eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she(a) is a
citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the
provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS
§24-76.5-103 prior to the effective date of this contract.
Revised 1-1-09
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