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HomeMy WebLinkAbout20102040.tiff RESOLUTION RE: APPROVE AMENDMENT #2 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#2 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, and ending October 4, 2012, 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 #2 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 8th day of September, A.D., 2010. _ ez BOARD OF COUNTY COMMISSIONERS T. ELD COUNTY, COLORADO ATTEST: • Opp/b a n 1661 :.fit` r .o ougl%s Rade acher, Chair Weld County Clerk to the Boa y (MP t,EXGUSED B'afbara Kirkmeyer, Pro-Tem BY. Cl l It) Dept Clerk t the Board Sean P. ay APP ED A ORM: iam F. Garcia unty Attorney David E. Long Date of signature: qi?L'IIt 3 on.. A- \A3 (5,LAs,-,K) (It/. k-‘ 0 2010-2040 j0-4'3 D HR0081 MEMORANDUM fttin' DATE: September 2, 2010 ' O TO: Douglas Rademacher, Chair, Board of Co my Collis ners FROM: Judy A. Griego, Director, Human Servi s epa COLORADO RE: Amendment #2, #21812, to the Department's AmeriCorps Grant Agreement, #6138, between the Board of County Commissioners and the State of Colorado, Office of the Lieutenance Governor, Governor's Commission on Community Service Enclosed for Board approval is Amendment#2, #21812,to the Department's AmeriCorps Grant Agreement, #6138, between the Board of Weld County Commissioners and the State of Colorado, Office of the Lieutenant Governor, Governor's Commission on Community Service. This Amendment #2 was presented at the Board's August 30, 2010, Work Session. This amendment extends the contract to October 4, 2012, and increases the amount payable under the contract to $188,852.00, for program year October 4, 2010 through September 30, 2011. This is for 30 part-time and full-time AmeriCorps members. If you have any questions, please give me a call at extension 6510. 2010-2040 CONTRACT AMENDMENT Amendment#2 I Original Contract CMS#6138 Amendment CMS# 218]2 1) PARTIES This Amendment to the above-referenced Original Contract (hereinafter called the "Contract') it, entered into by and between Board of Weld County Commissioners, Weld County Division of 's2 Human Services (hereinafter called "Contractor"), and the STATE OF COLORADO (hereinafter A called the "State") acting by and through the Governor's Commission on Community Service (hereinafter called the "GCCS"). r/ 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 Contractor 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 a. Contract Purpose. The Parties entered into the Contract to recruit, train, monitor, and evaluate AmeriCorps Members to serve in community-based projects in Weld County. b. Term. The Contract states in §5.A that this Grant shall terminate on October 4, 2010, unless sooner terminated or further extended. c. This Amendment. The purposes of this Amendment are (i) to extend the term of the Contract to October 4, 2012, (ii) to increase the amount payable under the Contract in the State's Fiscal Year 2011, which will end on June 30, 2011, and (iii) to add option letter language as a mechanism to modify the Contract in the future. 4) CONSIDERATION 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. 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 is modified as follows: a. Definitions Section 4.C of the Contract is hereby deleted in its entirety and replaced with the following: The following are attached hereto and incorporated by reference herein: Exhibit A (Statement of Work), Exhibit B (Budget), Exhibit 1-B (Budget—Year 2), and Exhibit 1-C (Sample Option Letter). b. Term The last sentence of §5.A is hereby deleted in its entirety and replaced with the following: This Grant shall terminate on October 4, 2012, unless sooner terminated or further extended as specified elsewhere herein. Subsection A of §6 of the Contract is hereby deleted in its entirety and replaced with the following: Grantee shall complete the Work and its other obligations as described herein and in Exhibit A on or before October 4, 2012, unless this Grant is terminated or extended before that date. If not sooner terminated or extended, this Grant shall terminate without further action by either Party on October 4, 2012. The State shall not be liable to compensate Grantee for any Work performed prior to the Effective Date or after the termination of this Grant. Page 1 of 5 Effective Dale: 1/6/09-Rev 5/4/10 ak /C'-- .7C 1/C c. Maximum Amount Section 7.A of the Contract is hereby deleted in its entirety and replaced with the following: The maximum amount payable under this Grant to Grantee by the State during the initial term specified in §5.A, above, is $186,983, as determined by the State from available funds. The total amount payable under this Grant is hereby increased by $188,852 to $375,835. The maximum amount payable in the State's Fiscal Year 2011 shall be $160,524, and $28,328 is payable in Fiscal Year 2012. Grantee agrees to provide any additional funds required for the successful completion of the Work. Payments to Grantee are limited to the unpaid obligated balance of the Grant as set forth in Exhibit B and Exhibit 1-B. An extension of this grant and/or a modification of the Work in accordance with §5, above, may but need not necessarily increase the maximum amount payable under this Grant to Grantee by the State. d. Option Letters to Extend Term. Section 5 of the Contract is hereby amended by the addition of the following subsection C: C. Option Letters to Extend Term. The State may require continued performance for a period of 2 one-year periods at the same rates and same terms specified in the Contract. If the State exercises the option, it will provide written notice to Contractor at least 30 days prior to the end of the current contract term in a form substantially equivalent to Exhibit 1-C. If exercised, the provisions of the Option Letter shall become part of and be incorporated into the original contract. The total duration of this Contract, including the exercise of any options under this clause, shall not exceed 4 years. e. Option Letters to Change Quantity of Goods/Services. Section 5 of the Contract is hereby amended by the addition of the following subsection D: D. Option Letters to Change Quantity of Goods/Services. The State may increase or decrease the quantity of goods/services described in Exhibit A based upon the rates established in the Contract. If the State exercises the option, it will provide written notice to Contractor as least 30 days prior to the end of the current contract term in a form substantially equivalent to Exhibit 1-C. Delivery/performance of the goods/service shall continue at the same rates and terms. If exercised, the provisions of the Option Letter shall become part of and be incorporated into the original contract. 7) START DATE This Amendment shall take effect on the later of its Effective Date or October 5, 2010. 8) 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. 9) 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 REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 2 of 5 Effective Dale: 1/6/09-Rev 5/4/10 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT * Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect. CONTRACTOR STATE OF COLORADO Board of Weld County Commissioners Barbara O'Brien, LIEUTENANT GOVERNOR By: Douglas Rademacher Office of the Lieutenant Governor Title: Chair Yee-Ann Cho, Chief of Staff 4c CSL -- By: 751^ -C 'Signature U// By: Yee-Ann Cho, Chief of Staff SEP 0 8 2030 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. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER David J. McDermott, CPA By: ,71z- c Date: 5- Page 3 of 5 Effective Date: 1/6/09-Rev 5/4/10 dC/C- EP''/o w EXHIBIT 1-B BUDGET— YEAR 2 Weld County Youth Conservation Corps (WCYCC) Board of Weld County Commissioners, Weld County Division of Human Application ID; 10AC 115919 Services Budget Dates: Total Amt CNCS Share Grantee Share Section I.Program Operating Costs A Personnel Expenses 64,144 43,545 20,599 B Personnel Fringe Benefits 18,034 10,820 7,214 C Travel Staff Travel 0 0 0 Member Travel 29,399 2.399 27,000 Total $29,399 $2,399 527.000 D Equipment 0 0 0 E Supplies 6:000 2,000 4,000 F Contractual and Consultant Services 0 0 0 G Training Staff Training 2,000 1,000 1.000 Member Training 8,000 2,000 6,000 Total $10.000 $3,000 $7,000 H Evaluation 800 0 800 I Other Program Operating Costs Travel to CNCS-Sponsored Meetings 2.000 1,000 1.000 Total 52,000 S1,000 $1,000 Section I.Subtotal $130,377 $62,764 $67,613 Section I Percentage 48% 52% Section II.Member Costs A Living Allowance Full Time(1700 hrs) 0 0 0 1-Year Half Time(900 hours) 171,000 102,600 68,400 Reduced Half Time(675 hrs) 0 0 0 Quarter Time(450 hrs) 0 0 0 Minimum Time(300 hrs) 0 0 0 2-Year Half Time(2nd Year) 0 0 0 2-Year Half Time(1st Year) 0 0 0 Taal S171,000 5102.600 $68,400 B Member Support Costs FICA for Members 13,082 7,849 5.233 Worker's Compensation 0 0 0 Health Care 22,950 13,770 9,180 Total $36,032 S21,619 S14,413 Section Il.Subtotal $207,032 5124.219 $82,813 Section II.Percentages 60% 40% Section III.Administrativellndirect Costs A.Corporation Fixed Percentage Corporation Fixed Amount 6,143 0 6,143 Commission Fixed Amount 1,869 1,869 0 Total $8;012 $1,869 $6,143 B.Federally Approved Indirect Cost Rate Section III.Subtotal S8,012 51,869 $6,143 Section III Percentage 23% 77% Section I+III.Funding Percentages 47% 53% Budget Totals $345,421 $188,862 $156,569 Budget Total Percentage 55% 45% Required Match 42% #of years Receiving CNCS Funds 8 Font 424A Modified SF-424A(4;88 and 12197) Page 4 of 5 Effective Date:1/6/09-Rev 5/4/10 f EXHIBIT 1-C SAMPLE OPTION LETTER Date: Original Contract CMS#: Option Letter# CMS Routing# 1) OPTIONS: Choose all applicable options listed in §1 and in §2 and delete the rest. a. Option to renew only (for an additional term) b. Change in the amount of goods within current term c. Change in amount of goods in conjunction with renewal for additional term d. Level of service change within current term e. Level of service change in conjunction with renewal for additional term 2) REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below: a. For use with Options 1(a-e): In accordance with Section of the Original Contract between the State of Colorado, Governor's Commission on Community Service (the "State"), and Board of Weld County Commissioners, Weld County Division of Human Services, the State hereby exercises its option for an additional term beginning Insert start date and ending on Insert ending date at a cost/price specified in Section , AND/OR an increase/decrease in the amount of goods/services at the same rate(s) as specified in the Original Contract. b. For use with all Options 1(a-e): The amount of the current Fiscal Year contract value is increased/decreased by$ amount of change to a new contract value of Insert New$Amt to as consideration for services/goods ordered under the contract for the current fiscal year indicate Fiscal Year. The first sentence in Section 7A is hereby modified accordingly. The total contract value including all previous amendments, option letters, etc. is Insert New$ Amt. 3) Effective Date. The effective date of this Option Letter is upon approval of the State Controller or whichever is later. STATE OF COLORADO Barbara O'Brien, LIEUTENANT GOVERNOR Governor's Commission on Community Service By: Yee-Ann Cho, Chief of Staff to the Lieutenant Governor Date: 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. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER David J. McDermott,CPA By: Date: Page 5 of 5 Effective Date:1/6/09-Rev 5/4/10 Hello