HomeMy WebLinkAbout830924.tiff RESOLUTION
RE: APPROVE AMENDMENT TO CONTRACT WITH STATE DEPARTMENT OF' SOCIAL
SERVICES FOR EMERGENCY FOOD AND SHELTER AND AUTHORIZATION FOR
CHAIRMAN TO SIGN
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, on the 27th day of June, 1983 , the Board of County
Commissioners approved a contract with the State Department of
Social Services for emergency food and shelter, and
WHEREAS, the State Department of Social Services is request-
ing that said contract be amended by deleting Paragraph "g" on
page 2 of the contract, and
WHEREAS , the Board, after review, deems it appropriate to
approve the above mentioned amendment to said contract, and
WHEREAS , a copy of the amended contract is attached hereto
and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the amendment to the
contract with the State Department of Social Services for emer-
gency food and shelter be, and hereby is, approved .
BE IT FURTHER RESOLVED by the Board that the Chairman 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 15th day of
August, A.D. , 1983 .
.fi�t-- BOARD OF COUNTY COMMISSIONERS
ATTEST: 44,0Ayp�{/y:t/ WE 0 TY AD
Weld Countlerk and Recorder _
and Clerk to the Boar Chuck Carlson hairman
By% an, T a_dAf I
✓eputy County C rk J T. Martin, Pro
o--Tem
APPROVED „S TO FORM: 0 gngesi
Gene R. Brantner/�!
County Attorney Norman Carlson
)a_ e Joh �s n
830924
550005
DAY FILE: August 17 , 1983
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I UN MALI'uArf WW I INC; MINIM-It
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CONTRA(
IlllS ( ()N1It A( -f, made This_._.._ 15..._dav of_ --June . _ )983 by and between the
- _
Scat.. 0 t',lurid° for the use and benefit of the Department of '' Social oc.Tv lCe5
herein:Ifler referred to as the Suite, and 2 Board of County Commissionersi Weld County_
hereinafter referred In as the contractor.
WHEREAS. authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment in Fund Number TOOT,-__,
Cl' . Account Number 53597_-, Contract Encumbrance Number gSa,SOz{, and
WHEREAS. required appruyal, clearance and coordination has been accomplished from and with appropriate
aeclick.. and
WHEREAS, The State has received funds under the Emergency Food and Shelter
Program (Program) from the Federal Emergency Management Agency (FEMA) under
the Jobs Bill of 1983 (PL 98-8) to provide emergency food and shelter services
to meet urgent food and shelter needs within Colorado; and
WHEREAS, FEMA has developed an frergency Food and Shelter Program Plan ,
April 1983, as originally published and as amended by the letters of May 9 and
27 , 1983, from Alton D. Cook, Regional Director, FEMA ; and
WHEREAS, as specified in the FEMA Plan, the State must designate target
areas in which food and shelter needs are most urgent, based on long and short
term unemployment and poverty; and
WHEREAS, the Governor, in Executive Order D0015 83, has
designated Weld County as a earget area for this Program in accordance
with the FEMA Plan; and .
WHEREAS, consistent with the FEMA Plan , the State has designated Boards of
County Commissioners and Indian Tribes as recipient organizations for the
target areas; and
WHEREAS, Executive Order D0001583 further specifies that the Colorado
Department of Social Services shall provide the administrative support to the
Governor for this Program, including contracting with local administrative
agencies and ensuring that such agencies comply with the terms of such
contracts; and
WHEREAS, the Contractor has been designated a recipient organization in
Executive Order D0015 83, to undertake the services desired ; and
WHEREAS, the Contractor is capable and willing to perform the services.
NOW THEREFORE, it is hereby agreed that
1 . Area Covered . The Contractor shall perform all the necessary
programs and services provided under this Contract in Weld County
2. Scope of Services . The FEMA plan is incorporated and made part of
this Contract by reference as Exhibit A, as if fully set forth herein. The
Scope of Services is defined on pages 2 of 18 through 11 of 18 of Exhibit A.
The Contractor shall do, perform, and carry out in a satisfactory and proper
manner this Scope of Services and other requirements established in Exhibit A,
in conformity with other applicable Federal laws, rules and regulations, and
subject to the allocation as indicated below.
3. Time of Performance. The services of the Contractor shall
commence as soon as practicable after the execution of this Contract and shall
be undertaken in such sequence as to assure completion of this Contract by
September 30, 1983.
395.53 01 C 010
Page I of 6 pages
.1Sec mstruolinns ion rirvere of last page.)
1 ,
4 . Allocation . In consideration for Contractor's performance of the
services set forth herein, the State agrees to pay the Contractor a total
amount not to exceed Twenty two thousand five hundred and twenty one Dollars
($ 22,521.00 ) , a portion of which amount shall he paid no more often than
monthly, based on submission of a request for advance or reimbursement of
actual expenditures. The liability of the State, at any time, for such
payments, shall be limited to the unencumbered amount remaining of such
funds. Any changes in this amount shall be made by formal amendment to this
Contract .
5. Federal Requirements. The Contractor agrees to comply with all
requirements in Exhibit A.
6. Eligibility. The Contractor agrees that this Program will only
serve families or individuals lacking food (e .g. unable to meet minimum
nutritional needs) and/or shelter (e .g. , evicted, homeless) and for whom other
resources or services are unavailable or inaccessible. The Contractor further
agrees that all expenditures will be in accordance with the provisions
governing allowable expenditures specified in Exhibit A. Available funds
shall be targeted to families and individuals most in need.
7. Administrative Requirements and Assurances . The Contractor agrees
to:
(a) Administer the program directly or select a local administrative agency or
agencies to administer the program, considering those private non-profit
voluntary organizations or local units of government which will most
cost-effectively meet the emergency food and shelter needs. Any agency
selected must meet the requirements of Exhibit A, including accounting
and audit requirements.
(b) Establish monitoring procedures to ensure that the program will meet all
state and federal requirements, including those of non-discrimination.
(c) Monitor expenditures to ensure cost-effectiveness and compliance with
federal limitations on eligible costs as specified in Exhibit A, and to
expend no more than 1% of funds for eligible administrative costs as
specified in Exhibit A.
(d) Coordinate the use of these funds to maximize cost-effectiveness with any
funds made available to the area covered under other sections of PL 98-8,
including the Community Services Block Grant Program; Women, Infant and
Child Nutrition Program; Agricultural and Food Distribution Programs ; and
other funds allocated through FEMA for emergency food and shelter.
(e) Coordinate the use of these funds to maximize cost-effectiveness with any
existing General Assistance Program and other programs available through
voluntary or private agencies and other agencies of local government.
(f) Accept full fiscal responsibility for any federal audit exceptions
resulting from the Contractor's failure to comply with requirements of the
program.
(g) Lruiemei-f=y-b7ae-3-to-te-ag 4tatr l--4€a,`ri-3 y--errd-4esg,--end-a irnst-al-1-^_}ai'rrs
arrd-aet3er -§aocd- a-pert-er-arising-vqt-vf-z}amage -or-intarri-rrctad-ns
0.911
dea.t.+r-te -perseus•-er• pr„Ner1: '--cause&-by-or-srrstaiuued tn-tor ectivrr-„iL'h
the-per-fopwaraca•e€-M e-ee , -f -er-by-eendi-t-itns-erected--thereby,- er-ba n d
upon-ihe -wio1ati.oh.ot'-awl-statuter-or-iisraraoe,--reg Jat4ea-artd--tore--e€e ee
e-t--anyy—retf-e-}aimsbt-aetivr s-
(h) Strictly adhere . to all applicable Federal and State laws and rules and
regulations that have been, or may hereafter, be established, including
those providing for confidentiality of all recipient records, papers ,
documents, tapes, or any other materials that have been or may hereafter
be established .
-
(i) Maintain a complete file of all records, communications, and other written
materials which pertain to the operation of programs or the delivery of
services under this Agreement, and shall maintain such records for a
period of five (5) years after the date of termination of this Agreement,
or for such further period as may be necessary to resolve any matters
which may be pending.
Page 2 of 6 pages
(j) Permit the State and FEMA, and any other duly authorized agent or
governmental agency, to monitor all activities conducted by the Contractor
pursuant to the terms of this Agreement. As the monitoring agency may in
its sole discretion deem necessary or appropriate , such monitoring, may
consist of internal evaluation procedures , examination of program data
special analyses, on-site checking, formal audit examinations, or any
other reasonable procedure.
(k) Make copies of the FEMA Plan available to interested parties during
regular business hours.
• a
8. Assignability. The Contractor shall not assign its
administrative obligations as set forth' in paragraph 7, above.
9. Contractor Relationship. The parties of the Contract intend that
the relationship between them contemplated by this Contract is that of
Employer-Independent Contractor. No agent, employee , or servant of Contractor
shall be, or shall be deemed to be, an employee, agent, or servant of Social
Services. Contractor will be solely and entirely responsible for its acts and
the acts of its agents, employees, servants, and subcontractors during the
performance of this contract.
10. Interest of Members of State and Others. No officer, member, or
employee of the State and no members of its governing body, and no other
public official of the governing body of the locality or localities in which
the project is situated or being carried out who exercises any functions or
responsibilities in the review or approval of the undertaking or
accomplishment of this Project shall participate in any decision relating to
this Contract which affects his personal interest or the interest of any
corporation, partnership, or association in which he is directly or indirectly
interested , or which corporation , partnership or association has any personal
or pecuniary interest, direct or indirect, in this Contract or the proceeds
hereof. Political activities are prohibited under this Contract . No member
of or delegate to the Congress of the United State of America, and no resident
commissioner, shall be admitted to any share or part hereof or to any benefit
to arise herefrom.
11 . Interest of Contractor. The Contractor covenants that he
presently has no interest and shall not acquire any interest, direct or
indirect, which would conflict in any manner or degree with the performance of
services required to be performed under this Contract. The Contractor further
covenants that in the performance of this Contract no person having any such
interest will be employed using these funds.
12. Nondiscrimination Provision. No person shall on the grounds or
race, color, national origin, or sex be excluded from participation or be
denied the benefits of, or be subjected to discrimination under, any program
or activity funded in whole or in part with funds made available under this
Program. Any prohibition against discrimination on the basis of age under the
Age Discrimination Act of 1975 or with regard to otherwise qualified
handicapped individuals as provided in Sec . 504 of the Rehabilitation Act of
1973 shall also apply to any such program or activity.
13. Termination of Contract for Cause. If the Contractor shall fail
to fulfill in a timely and proper manner his obligations under this Contract,
or if the Contractor shall violate any of the covenants, agreements , or
stipulations of this Contract, the State may terminate this Contract by giving
written notice to the Contractor of such termination and specifying the
effective date thereof, at least five (5) days before the effective date of
such termination.
Notwithstanding the above, the Contractor shall not be relieved of
liability to the State for any damages sustained by the State by virtue of any
breach of the Contract by the Contractor, and the State may withhold any
payment to the Contractor for the purpose of settlement until such time as the
exact amount of damage due the State from the Contractor is determined .
Page 3 of 6 pages
14. Federal Funds. The parties hereto expressly recognize that the
Contractor is to be paid , reimbursed or otherwise compensated with fidural
funds provided to the State for the purpose of contracting for the services
provided for herein, and therefore , the Contractor expressly understands and
agrees that all its rights, demands and claims to compensation arising under
this Contract are contingent upon receipt of such federal funds by the State .
In the event that such federal funds or any part thereof are not received by
the State , the State may immediately terminate this Contract .
15. Termination with Notice . Either party shall have' the right to
terminate this Contract by giving the other party thirty (30) days written
notice . If notice is so given, this Contract shall terminate on the
expiration of the thirty (30) days, and the liability of the parties hereunder
for further performance of the terms. of this Agreement shall thereupon cease,
but the parties shall not be released from the duty to perform their
obligations up to the date of termination .
16. Severability. To the extent that this Contract may be executed
and performance of the obligations of the parties may be accomplished within
the intent of the Contract, the terms of this Contract are severable , and
should any term or provision hereof be declared invalid or become inoperative
for any reason; such invalidity or failure shall not affect the validity of
any other term or provision hereof. The waiver of any breach of a term hereof
shall not be construed a waiver of any other term.
17. Agreement. This Agreement is intended to be the complete
integration of all understandiggs between the parties. No prior or
contemporaneous addition , deletion , or other amendment hereto shall have any
force or effect whatsoever, unless embodied herein in writing. No subsequent
novation , renewal , addition , deletion, or other amendment hereto shall have
any force or effect unless embodied in a written contract executed and
approved pursuant to the State Fiscal Rules .
•
Page 4 of 6 pages
home b At'-1211 SPECIAL PROVISIONS
C'ON'IROLI.I!It'S APPROVAL
I. Ibis contract shall not be deemed valid until it shall have been approved by the Controller of Ihr Stdle.ul
Colorado or such assistant as he mat' designate. This provision is applicable to any contract i okiri; the pas men, of
money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal year air Condit t'nl upon hands fur that
purpose being appropriated, budgeted and otherwise made available.
BOND REQUIREMENT
• fifty
3. If this contract involves the payment of more thanrterrthousand dollars fin the construction, erection. repair,
maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work tin this
State, the contractor shall, before entering upon the performance of any such work included in this contract, doh
execute and deliver to and file wit), the official whose signature appears below for the State. a guaxl mid s'n'f,cnrnt
bond or other acceptable surely to he approved by said official in a penal sum not less than one.h;lf of the total
amount payable by the terms of this contract. Such bond shall he duly executed by a qualified corporate snarh .
conditioned forth(' due and faithful performance of the contract, and in addition, shall pros ids that if the contra,11a or
his subcontractors fail to duly pay fur any labor, materials, learn hire, sustenarlse, provisions. provender or other
supplies used or consumed by such contractor or his subcontractor in peformance of the work contracted to he done,
the surety will pay the same in an amount nut exceeding the sum specified in the Fond, together with interest at the
rate of eight per cent per annum- Unless such bond, when so required, is executed, delivered and tiled, no rhino in
favor of the contractor arising under this contract shall be audited, allowed or paid. A certified or cashier's check !'u a
hank money order made payable to the Treasurer of the State of Colorado may he accepted in lei' of a bond.
MINIMUM WAGE
4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousand
dollars and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of
any building or other public work, (except highways, highway bridges, underpasses and highway structures of all
kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics employed by the
contractor or any subcontractor on the building or public work covered by this contract shall be not less than the
prevailing rate of wages for work of a similar nature in the city, town.village or other civil subdivision of the Shit: in
which the building or other public work is located. Disputes respecting prevailing rates will he resolved as provided in
8.16-10I. CRS 1973, as amended.
DISCRIMINATION AND AFFIRMATIVE ACTION '
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination :Act of 1957,
as amended. and other applicable law respecting discrimination and unfair employment practices (24-34402. ('RS
1973,1979 SUPP)and as required by Executive Order. Equal Opportunity and Affirmative Action, dared April In,
1975.Pursuant thereto, the following provisions shad/he contained in all State contracts or sub-contracts.
During the performance of this contract. the contractor agrees as follows:
(I ) The contractor will not discriminate against any employee or applicant for employment because of
race, creed, color, national origin, sex, marital status. religion. ancestry, mental or physical handicap, or age.
The contractor will take affirmative action to insure that applicants are employed, and that employees are
treated during employment, without regard to the above mentioned characteristics. Such action shall include.
but not he limited to the following: employment, upgrading. demotion. or transfer, recruitment or
recruitment advertisings; lay-offs or terminations;rates of pay or other forms of compensation:and selection
for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting forth
provisions of this non-discrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to
race, creed, color, national orignn, sex, marital status, religion, ancestq, mental or physical handicp, or age.
(3) The contractor will send to each labor union or representative of workers with which he has collective
bargaining agreement or other contract or understanding, notice to be provided by the contracting officer.
advising the labor union or workers' representative of the contractor's connnittanent under the ii seen live
• Order, Equal Opportunity and Affirmative Action, dated April I6, 1975, and of the rules, regulations, and
• relevant Orders of the Governor.
(4) The contractor and labor unions will furnish all information and reports required by Esccuiise Order.
Equal Opportunity and Affirmative Action of April 16, 1975. and by the rules, regulations and Orders of the
Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance
with such rules, regulations and orders.
(5) A labor organization will not exclude ally individual otherwise qualified from full membership rights in
such labor organization, or expel any such individual from membership in such labor organization or
discriminate against any of its members in the full enjoyment of work opportunity, because of race,creed,
color, sec, national origin, or ancestry.
(6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce
the doing of any act defined in this contract to be discriminatory or ohstruet or prevent any person from
complying with the provisions of this contract or any order issued thereunder;or attempt, either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
page 5___of_ 6_- pages
1 cum (, A( 112A'
•
•
(7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contrail or
with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in
whole or in pan and the contractor nay be declared ineligible fur further State coutracls in accordance with
procedures, amthorited in Isecutive Order, Egnad Opportunity' and Affirmative Action of April Ib, 1975 and
the ndes, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be
imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Alfirnatis,
Action of April 16, 1975, or by pules, regulations, or orders promulgated in accordance therewith, or as
otherwise provided by law.
(S) The contractor will include the provisions of paragraphs (1 ) through (5) in every sub-contract and
sub-contractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive
Order, Equal Opportunity and Affirmative Action of April JO, 1975,so that such provisions will be binding
upon each sub-contractor or vendor. The contractor will take such action with respect to any sub-contracting
or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including
sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is
threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting
agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest
of the State of Colorado.
COLORADO LABOR PREFERENCE
6. Provisions of S-17-101, & 102. CRS 1973 for preference of Colorado labor are applicable to this contract if
public works within the State are undertaken hereunder and are financed ill whole or in part by State funds.
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in
the interpretation, execution and enforcement of this contract, Any provision of this contract whether or not
incorporated herein by reference which provides for arbitration by ally extra-judicial body or person or which is
otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in
any prosision incorporated herein by reference which purports to negate this or any other special provision in
whole or in part shall he 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 will not invalidate
the remainder of this contract to the extent that the contract is capable of execution.
S. The signatories hereto aver that they are familiar with IS-S-301, et seq., (Bribery and Corrupt Influences)
and 1S-S-401, et seq.. (Abuse of Public Office), C.R.S. 1973, as amended, and that no violation of such provisions is
present.
9. The signatories aver that, to their knowledge. no state en hlA'ee has any personal or beneficial interest
whatsoever in the service or property described herein.
/
IN WITNESS WHEREOF, the parties hereto hale executed this :\greemen o1 the day first above wr en.
Board of County Commissioners, ST.ATh:cOF COI.OR.AD )
Weld County RICH:VIil) U. I.:111. i. GOVERN()
Contractor ! Byfxrictslixi
Position Chairman DEPARTMENT
OF SSociall Services
Social Security Number
DU/AN ('1n ors APPROVALS
ATTOKN'f:�e9.�';At. , JAMES A. SrRouP
' '�'•(►� Y).'TROLLER
By ss'� S�ficitur •en ;�; By
,v \
'J; l17
ATTEST: I u IA rectin4 f-zni
WELD COUNTY CLERK .AND RECORDER
D CLERK TO THE
/
D p County Clerk , `
I,
95.53.02•cO35 --'-------
age__(i___which is the last of. ._pager
'See instructions un reverie sole.
DEPARTMENT OF SOCIAL SERVICES
PHONE(303)352-1551
P.O. BOX
GREELEY, COLORADO 80632
ik
COLORADO July 25, 1983
Russ Anson, County Attorney's Office
WELD COUNTY CENTENNIAL CENTER
915 — 10th Street
Greeley, CO 80631
Re: Public Law 98-8 "JOBS BILL"
Emergency Food/Shelter
Dear Russ: (Contract — Revision)
After the PL 98-8 Contract(s) had been signed by the Commissioners,
The State office of the Department of Social Services informed us that a
deletion was necessary (page 2, Paragraph g) — because the A. G. deter—
mined the section to be incorrectly included.
Please have Commissioner Chuck Carlson, Chairman, initial all copies
when this change has been made. Return this Department's copy to me.
Sincerely,
Harold J. elius, A.P. Adm. V
Assistance Payments Division Head
cc: Eugene McKenna,
Director
2r±Ll
JUL 261083
WELD
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