HomeMy WebLinkAbout20011094.tiff RESOLUTION
RE: APPROVE CONTRACT FOR EMERGENCY MANAGEMENT FUNDING WITH
COLORADO DEPARTMENT OF LOCAL AFFAIRS,DIVISION OF LOCAL GOVERNMENT
(OEM) AND AUTHORIZE CHAIR 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, the Board has been presented with a Contract for Emergency Management
Funding between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County,on behalf of the Weld County Office of Emergency Management,
and the Colorado Department of Local Affairs, Division of Local Government(OEM), commencing
April 1, 2001, and shall continue for a period of five years, with further terms and conditions being
as stated in said contract, and
WHEREAS,after review, the Board deems it advisable to approve said contract, 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 the Contract for Emergency Management Funding between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Weld County Office of Emergency Management, and the Colorado Department of
Local Affairs, Division of Local Government (OEM), be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said contract.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 23rd day of April, A.D., 2001, nunc pro tunc April 1, 2001.
�.� BOARD OF OUNTY COMMISSIONERS
1� I /%WELD CO , COLORADO
ATTEST: / -, (( EiCyi _ . ails,kin
Chair
Weld County Clerk to the B1 d ! 5P
Prr CUSED
p ct iNdeu tot lenn Wad, Pro-Tem
Deputy Clerk to the Board
W i ' m Jerke
RO D AS T F M:
vid E. Long
ounty Attorney )n1VpwIV1._L
Robert D. Masden
2001-1094
EM0009
STATE OF COLORADO
OFFICE OF EMERGENCY MANAGEMENT DEPARTMENT OF LOCAL AFFAIRS of °pko
Tommy F. Grier, Jr. - Director Division of Local Government .��7'-"'
ne ..
k tan Y
March 19, 2001 Bllo e s
wer
Bob Brooks
Executive Director
Mr. Ed Herring, Director
Weld Co.
Weld County Emergency Management
910 Tenth Avenue
Greeley, CO 80631-3873
Dear Mr. Herring:
Three originals of the new umbrella contract between the Colorado OEM and Weld Co. are
enclosed. This contract renews our current agreement and replaces it as of March 31,
2001. It has been expanded to specify the US Department of Justice as a potential grantor
of funds the COEM may award to local governments or quasi-governmental organizations.
Also included in the new master, or umbrella, agreement is a reference to State Disaster
Fund monies that potentially could be granted in the case of a state or federal disaster.
The preponderance of the language, terms and conditions, and grant procedures remain
unchanged from the current umbrella contract.
Please have an authorized representative for Weld Co. sign, have their signature attested
to, and return all three to me at:
Colorado OEM
15075 S. Golden Rd.
Golden, CO 80401
We will return one fully executed original to you for your records. Please do not hesitate to
call me at (303) 273-1776 if you have any questions or need any further information.
Sincerely,
Bill Archambault
Admin. Officer
Enc 2001-1094
15075 South Golden Road,Golden,Colorado 80401-3979 (303)273-1622 FAX(303)273-1795 TDD(303)273-1794
DEPARTMENT OR AGENCY NUMBER NAA
• CONTROL NUMBER 00 1 CS
CONTRACT# 1 EM63_
This contract, made this 1st day of April , 2001
by and between the State of Colorado for the use and benefit of the Department of Local
Affairs, Division of Local Government, Office of Emergency Management (COEM), 15075 S.
Golden Rd., Golden, CO 80401, hereinafter referred to as the State, and Weld
County hereinafter referred to 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 100 or 260 , Contract Encumbrance Number As detailed in grant
award letter(s); and
WHEREAS, required approval, clearance, and coordination has been accomplished from and
with appropriate agencies; and
WHEREAS, the State annually and/or periodically receives funding from the following federal
agencies: the Federal Emergency Management Agency (FEMA) - under the Department of
Veterans Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 2000, Public Law 106-74; Robert T. Stafford Disaster Relief and Emergency
Assistance Act,as amended, Public Law 93-288,as amended;42 U.S.C.5121 et seq.;42 U.S.C.
5195 et seq.; Omnibus Consolidated Appropriations Act of 1997, Public Law 104-208;Superfund
Amendment and Reauthorization Act of 1991, Title III Public Law 99-499 as amended; and
Department of Defense Authorization Act of 1986, Public Law 99-145 as amended;
Environmental Protection Agency(EPA)-Emergency Planning Community Right to Know Act,42
U.S.C. 11001 et seq., and/or the Clean Air Act, 42 U.S.C. 7412; U. S. Department of
Transportation (DOT)-under the Hazardous Materials Uniform Transportation Safety Act 1990,
Public Law 101-615, 49 U.S.C. 5101 et seq., and the U.S. Department of Justice (DoJ) - U.S.
Department of Commerce,Justice,and State,the Judiciary and Related Agencies Appropriations
Act of 1999, Public Law 105-119, for the purpose of supporting emergency management
activities to include administration, emergency planning, training, exercising, hazard mitigation,
disaster response and recovery, and procurement of facilities and equipment; and
WHEREAS, the State periodically, as disasters are declared and funds authorized, receives
funding from the State Disaster Emergency Fund under C.R.S. 24-32-2106 (Colorado Disaster
Emergency Act of 1992); and FEMA under Public Assistance and Hazard Mitigation Grant
Programs, Robert T. Stafford Disaster Relief and Emergency Assistance Act,Public Law 93-288,
as amended, for the purpose of disaster response, recovery and mitigation; and
WHEREAS, local units of government (counties, cities and towns), Local Emergency Planning
Committees (LEPC), as well as certain public and private nonprofit organizations have been
determined to be authorized eligible sub-grantees under the above identified Public Laws and
statutes, as well as under any present or future emergency management related legislation that
identifies all or some of the entity types specified above as eligible Subgrantees, and CFR 40
Part 33, CFR 44 Parts 13 and 302, CFR 49 Part 110, and CFR 28 Part 66; and
WHEREAS, the Contractor has been determined to be an eligible entity as defined by the State
in its administrative plan to contract with the State to undertake the services desired; and
WHEREAS,the State annually or periodically distributes funds received to existing contractors,
determined to be eligible by the State using state and/or federal eligibility criteria and which are in
good standing, using State developed application process, and allocation procedure; and
Page 1 of 9 Pages
•
•
' WHEREAS, State fiscal rules require a State agency to enter into a contractual agreement in
order to pass funds to either a local governmental entity,a quasi-governmental entity such as an
LEPC, or a private vendor, and
WHEREAS,this contract is in keeping with applicable State law CRS 24-50-50-4(2)(a)(c)(e),and
CRS 24-32-2105(6)(b), and the rules and regulations of the State, and
WHEREAS, the Contractor has been included as a potential funding recipient by the State for
emergency management related funding, to enter into this agreement and to undertake the
services desired by the State and federal govemment, and
WHEREAS, the Contractor is capable and desires to perform the services.
NOW THEREFORE it is agreed that:
1. Scope of Work-The Contractor agrees to carry out the scope of work described in each
of its application packages for emergency management related activities, as approved by
the State in its grant award letter, and to do so in conformance with this contract and
applicable federal and state laws, rules, and regulations pertaining to each specific grant.
Grant applications and award letters will become a part of this contract until such time as
the grant is closed out.
2. Time of Performance - This contract shall commence on April 1, 2001, and shall
continue for a period of five years as long as the State continues to designate the
Contractor as an eligible recipient of funds and continues to make an allocation of funds to
the Contractor. Grant award letters for each specific grant will identify the performance
period for that grant.
3. Compensation and Method of Payment - The State agrees to pay the Contractor in
consideration for the work and services to be performed an amount as specified in the
grant award letter. Payment to be made to the Contractor on a quarterly basis unless
otherwise indicated, based on an invoice summarizing those legitimately incurred
expenses. Payment and interest is subject to State Fiscal Rule 2-5 and section 24-30-
202(24) C.R.S. (1999). The Original supporting documentation will be maintained by the
Contractor. State warrant will be issued for reimbursement of eligible expenses.
4. Accounting- At all times, from the effective date of this contract until completion of this
project,the Contractor shall maintain properly segregated books of State funds, matching
funds, and other funds associated with this project. Contractor shall be responsible for
accounting for and reporting on any required match funding as indicated in the grant award
letter. Records shall be maintained in accordance with applicable local and State
procedures, and appropriate OMB circulars.
5. Reporting-The Contractor shall meet all reporting requirements in accordance with the
then current program policies,and any subsequent forms and related program policies as
required by the federal government or the State Division of Local Government(OEM).
6. Audit Requirements - The Contractor must follow the financial and compliance audit
requirements of OMB Circular A-133, adhering to the most current version of the circular.
The audit must be performed by a Certified Public Accountant, or a licensed public
accountant. Audit reports are due yearly. The Contractor's audit period will be January 1
through December 31. Three copies of each audit report shall be provided to the State by
the Contractor no later than 180 days after the end of the audit period. No grant of funds
under an approved project will be closed until a financial and compliance audit are received
covering the entire project period. The State may withhold up to 10 percent of the grant
Page 2 of 9 Pages
funds pending receipt of such audits.
7. Personnel-The Contractor shall perform its duties hereunder as a Contractor and not as
an employee. Neither the Contractor nor any agent or employee of the Contractor shall be
or shall be deemed to be an agent or employee of the State. Contractor shall pay, when
due, all required employment taxes and income tax withholding,shall provide and keep in
force worker's compensation (and show proof of such insurance or self-insurance), and
unemployment insurance in the amounts required by law, and shall be solely responsible
for the acts of the Contractor, its employees, and agents to the extent applicable.
The Contractor is responsible for providing workmen's compensation coverage and
unemployment compensation coverage for all of its employees to the extent required by
law.
8. Termination of Contractor for Cause
A. The State may terminate the contract, in whole or in part for cause, by giving notice
to the Contractor of such termination at least five (5) working days before the
effective date of such termination and specifying the effective date thereof. Any or
all of the following reasons shall constitute cause for the State to terminate the
contract. (1) Failure for any reason of the Contractor to fulfill in a timely and proper
manner its obligations under the contract and attachments; (2) Submission by the
Contractor to the State of reports that are incorrect or incomplete in any material
respect; (3) In-effective or improper use of funds provided under this agreement;
and, (4) Suspension, reduction,or termination of the grant to the State under which
this contract is made, or the portion thereof delegated by this agreement.
B. The Contractor may terminate this contract for cause if the Contractor is unwilling or
unable to comply with such additional conditions as may be lawfully imposed. The
Contractor must give notice to the State of such termination at least five(5)working
days before the effective date of such termination and specify the effective date
thereof.
C. In the event of any termination of the contract,the following will apply: (1) The State
will require the Contractor to ensure that adequate arrangements have been made
for the transfer of the agency's activities and inventory to another Contractor or to the
State. Inventory shall include client records,supplies, materials,equipment,vehicles
and other items purchased with state or federal funds per state and federal
procedures, laws and regulations; (2) The Contractor shall be entitled to
compensation for any unreimbursed expenses reasonably and necessarily incurred
in the satisfactory performance of the contract. Notwithstanding the above, the
Contractor shall not be relieved of liability to the State for damages sustained by the
State,by virtue of any breach of the agreement by the Contractor,and the State may
withhold any reimbursement to the Contractor for the purpose of set-off until such
time as the exact amount of damages due to the State from the Contractor is agreed
upon or otherwise determined.
9. Termination for Convenience of State-The State may terminate the contract at anytime
it determines that the purpose of the distribution of funds under the contract would no
longer be served by completion of the project. The State shall effect such termination by
giving written notice of the termination to the Contractor and specifying the effective date
thereof, at least twenty (20) days before the effective date of such termination. In that
event all materials and documents as described in paragraph 8 above shall, at the option
of the State, become its property and the Contractor shall be entitled to receive just and
equitable compensation for any satisfactory work completed on such materials and
documents. If this contract is terminated due to the fault of the Contractor, paragraph 8
hereof relative to termination shall apply.
Page 3 of 9 Pages
10. Changes in Scope of Services -The State may, from time to time, request changes in
the scope of services of the Contractor to be performed hereunder as set forth in the grant
award letter. Such changes in the scope of services of the Contractor shall be in writing
via the issuance of an amended award letter, and shall be incorporated without written
amendment to this contract. Any revisions to the scope of services initiated by the
Contractor must be approved by the State.
11. 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 the 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 as a waiver of any other term.
12. Assignment- Neither party, nor any subcontractor hereto, may assign its rights or duties
under this contract without the prior written consent of the other party.
13. Limitation to Particular Funds - This contract is subject to and contingent upon the
continuing availability of federal funds for the purposes hereof. The parties hereto
expressly recognize that the Contractor is to be paid, reimbursed or otherwise
compensated with the 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 funds by the State. In the event that such funds or any
part thereof are not received by the State, the State may immediately terminate the
contract. To the extent that the Contractor must expend funds other than those provided
by the State under this Agreement or must provide in-kind services in performing the work
agreed upon hereunder, the State agrees that said expenditures and in-kind services are
subject to the availability and annual appropriation of funds by the Contractor for said
purpose.
14. Contract Suspension-If the Contractor fails to comply with any contractual provision,the
State may, after notice to the Contractor suspend the contract and withhold further
payment or prohibit the Contractor from incurring additional obligation of contractual funds,
pending corrective action by the Contractor or a decision by the State to terminate in
accordance with Paragraph 8, Termination for Cause. The State may determine to allow
such necessary and proper costs which the Contractor could not reasonably avoid during
the period of suspension.
15. Recapture Provisions - In the event that the Contractor fails to expend funds under this
contract in accordance with state laws and/or the provisions of this contract, the
Department reserves the right to recapture state funds in an amount equivalent to the
extent of the noncompliance. Such rights of recapture shall exist for a period not to exceed
three years following contract termination.
Repayment by the Contractor of funds under this recapture provision shall occur within 30
days of demand, if the Contractor's failure is undisputed, or within 30 days of final judicial
or alternative dispute resolution determination, as appropriate.
16. Evaluation and Monitoring-The Contractor shall cooperate with and freely participate in
any monitoring or evaluation activities conducted by the Department that are pertinent to
the intent of this contract. If the Contractor is not subject to a single audit or is exempt from
the provisions of OMB Circular A-133, the State may require a limited scope audit to
incorporate any or all programs awarded under this contract.
Page 4 of 9 Pages
• 17. Nondiscrimination -(a)The Contractor shall comply with all applicable state and federal
laws, rules, regulations and Executive Orders of the Governor of Colorado, involving non-
discrimination on the basis of race, color, religion, national origin, age, handicap, or sex.
Contractor may utilize the expertise of the State Minority Business Office within the Office
of the Governor, for assistance in complying with the nondiscrimination and affirmative
action requirements of this contract and applicable statutes. (b) The Americans with
Disabilities Act of 1990, Public Law 101-336,also referred to as the"ADA 28 CFR Part 35.
The Contractor must comply with ADA, which provides comprehensive civil rights
protection to individuals with disabilities in the areas of employment, public
accommodations, state and local government services, and telecommunications.
18. Records Retention-The Contractor shall retain for at least four(4)years after the State's
closeout of each grant all records required for the grant including documentation and
records of all expenditures incurred under the grant being closed. Retention for longer
than the four years may be deemed necessary to resolve any matter which may be
pending. This retention is for the purpose of review and audit by the State, federal
government or their authorized representative.
19. Compensation-Grant award letters issued by the State under this Contract will authorize
the Contractor to expend funds and initiate requests for reimbursement based on the
amount of the grant award in accordance with program policies.
20. Reimbursement of Funds - Based upon receipt of requests from the Contractor for
reimbursement of funds expended under a grant award authorized under this contract,and
provision by the Contractor of the reports,and summary of documentation required under
the grant,the State will reimburse the Contractor for those eligible program costs incurred.
Original documentation will be kept on file with the Contractor. In those cases where a
Contractor may have a cash flow problem verified by the State, the State may reimburse
the Contractor based upon unpaid vendor invoices. In these cases, which are an
exception to normal practice,the Contractor shall be responsible for payment to the vendor
and providing paid vendor invoices to the State for its records. If a program authorizes
advance payments of grant funds,such advances will be made in accordance with the then
current program policies and in compliance with standard grant cash management
practices as defined in 44 CFR Ch.1, Part 13.20,which require that expenses be incurred
as close to the draw down date of the funds as is practicable. In the case of the Public
Assistance program,the policies of that program shall have precedence over the standard
cash management practices.
21. Compliance with Federal Agreement/Contract Terms and Conditions, Federal and
State Law and Program Rules and Regulations -The Contractor shall comply with all
terms and conditions that the State has entered into with the federal govemment as a part
of the grant application process and as spelled out in grant contracts/agreements, and all
applicable federal and state laws, rules,and regulations related to grant awards under this
contract. These include, but are not limited to, compliance with the following:
• Americans with Disabilities Act including Title II, Subtitle A/24,U.S.C.Sec. 12101
et seq and implementing regulations.
OMB Circulars A21, A87, A110, A124, and A133 as applicable
31 U.S.C. ' 1352 - Prohibition Against use of Federal Funds for Lobbying
Privacy Act of 1974, 5 U.S.C. S 5529 and Regulations adopted thereunder
Certification required by 49 CFR Part 29, "Government Debarment and
Suspension"
Drug Free Workplace
Title VI of the Civil Rights Act 42 U.S.C. Sec. 2000 d-1 et seq and its
implementing regulation 44 CFR part of et seq
Page 5 of 9 Pages
Others as may be included in the grant award letter for a specific grant.
Unless otherwise agreed by the parties, the Contractor assumes and will discharge the
obligations of the State as grantee and recipient under the Federal Terms and Conditions,
including the specific and general assurances as may be covered in Appendices thereto,
concerning compliance of specific federal statutes such as those addressing the Civil
Rights Act of 1964.
22. The following items are considered to be attachments to and part of this contract.
• Specific grant application packages from the jurisdiction
• State Grant Award Letters for each specific grant funded
• General terms and conditions for each specific grant.
23. Special Conditions-Beyond those conditions contained in this contract special conditions
may be incorporated into a grant award letter. These conditions upon acceptance by the
Contractor of the grant become a part of this contract, and legally binding under it.
Contractor failure to object in writing to special conditions or other terms within ten (10)
days of the date the grant award letter is received by the Contractor shall constitute
acceptance of same for the purposes of this paragraph.
24. Conflict of Interest
a. No employee of the Contractor shall perform or provide part-time services for
compensation, monetary or otherwise,to a consultant or consultant firm that has
been retained by the Contractor under the authority of this Contract.
b. The Contractor agrees that no person at any time exercising any function of
responsibility in connection with this project on behalf of the Contractor shall have
or acquire any personal financial or economic interest,direct or indirect,which will
be materially affected by this contract, except to the extent that he may receive
compensation for his performance pursuant to this contract.
c. A personal financial or economic interest includes, but is not limited to:
i) any business entity in which the person has a direct or indirect monetary
interest;
ii) any real property in which the person has a direct or indirect monetary
interest;
iii) any source of income, loans, or gifts received by or promised to the
person within twelve (12) months prior to the execution date of this
contract;
iv) any business entity in which the person is a director, officer, general or
limited partner,trustee, employee, or holds any position of management.
For purposes of this subsection, indirect investment or interest means anyinvestment or
interest owned by the spouse, parent, brother, sister, son, daughter, father-in-law,
mother-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law of the person
by an agent or his/her behalf, by a general, limited or silent partner of the person, by any
business entity controlled by said person, or by a trust in which he/she has substantial
interest. A business entity is controlled by a person if that person, his/her agent, or a
relative as defined above possesses more than fifty percent (50%) of the ownership
interest. Said person has a substantial economic interest in a trust when the person or
an above-defined relative has a present or future interest worth more than one thousand
dollars ($1,000.00).
Page 6 of 9 Pages
d. In the event a conflict of interest,as described in this Paragraph 24,cannot be
avoided without frustrating the purposes of this contract,the person involved
in such a conflict of interest shall submit to the Contractor and the State a full
disclosure statement setting forth the details of such conflict of interest. In
cases of extreme and unacceptable conflicts of interest,as determined by the
State, the State reserves the right to terminate the contract for cause, as
provided in Paragraph 8 above. Failure to file a disclosure statement required
by this Paragraph 24 shall constitute grounds for termination of this contract
for cause by the State.
25. Integration-This contract as written with attachments and references,is intended as the
complete integration of all understanding between the parties at this time and no prior or
contemporaneous additions,deletion,or amendment hereto shall have any force or effect
whatsoever, unless embodied in a written contract amendment incorporating such
changes, executed and approved pursuant to applicable law.
26. Extent of Agreement - This Agreement is intended solely to fund the Project(s)
proposed by Contractor and to define the rights and responsibilities between the parties
with respect to such funding. This Agreement is not intended to create any third party
rights, nor are third parties entitled to rely upon any provisions.
Page 7 of 9 Pages
SPECIAL PROVISIONS
-CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.
This provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted
and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building,
road,bridge,viaduct,tunnel,excavation or other public work for this State,the contractor shall,before entering upon the performance of any such work included
in this contract,duly execute and deliver to the State official who will sign the contract,a good and sufficient bond or other acceptable surety to be approved by
said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a
qualified corporate surety,conditioned upon the faithful performance of the contract and in addition,shall provide that if the contractor or his subcontractors
fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender or other supplies used or consumed by such contractor or his
subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery,tools,or equipment in the prosecution
of the work the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per annum.
Unless such bond is executed,delivered and filed,no claim in favor of the contractor arising under such contract shall be audited,allowed or paid. A certified
or cashier's check ora bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance
with CRS 38-26-106.
INDEMNIFICATION
3. To the extent authorized by law,the contractor shall indemnify,save and hold harmless the State,its employees and agents,against any and all claims,
damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its
employees,agents,subcontractors,or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
4. 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 practice(CRS 24-34-402),and as required by Executive Order,Equal Opportunity and Affirmative Action,dated April
16, 1975. Pursuant thereto,the following provisions shall be contained in all State contracts or sub-contracts.
During the performance of this contract,the contractor agrees as follows:
(a) 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 be 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.
(b) 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 origin,sex,marital status,religion,ancestry,mental or physical handicap,
or age.
(c) The contractor will send to each labor union or representative of workers with which he has a 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 commitment under the
Executive Order,Equal Opportunity and Affirmative Action,dated April 16, 1975,and of the rules,regulations,and relevant Orders of the Govemor.
(d) The contractor and labor unions will furnish all information and reports required by Executive 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 Govemor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and
orders.
(e) A labor organization will not exclude any 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,sex,national origin,or ancestry.
(f) 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 obstruct 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.
(g) In the event of the contractors non-compliance with the non-discrimination clauses of this contract or with any such rules,regulations,or orders,this
contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance
with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16,1975,or by rules,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
Affirmative Action of April 16, 1975,or by rules,regulations or orders promulgated in accordance therewith,or as otherwise provided by law.
Form 6-AC-026
Revised 1/93
395-53-01-1022
Page 8 of 9 Pages
'(h)The Contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor purchase order unless exempted by rules,
regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16,1975,so that such provisions will be binding
upontach subcontractor 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 non-compliance;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
6a.Provisions of CRS 8-17-101&102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder
and are financed in whole or in part by State funds.
b. When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder
from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is deter-
mined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be avail-
able or would otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial
of the moneys or to eliminate the inconsistency with Federal requirements(CRS 8-19-101 and 102).
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 any 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 provision incorporated herein by
reference which purports to negate this or any other special provision in whole or in part shall 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 will not invalidate the remainder of this contract to
the extent that the contract is capable of execution.
8. At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules and regulations that
have been or may hereafter be established.
9. Pursuant to CRS 24-30-202.4(as amended),the state controller may withhold debts owed to state agencies under the vendor offset intercept system for:(a)
unpaid child support debt or child support arrearages;(b)unpaid balance of tax,accrued interest,or other charges specified in Article 22,Title 39,CRS;(c)
unpaid loans due to the student loan division of the department of higher education;(d)owed amounts required to be paid to the unemployment compensation
fund;and(e)other unpaid debts owing to the state or any agency thereof,the amount of which is found to be owing as a result of final agency determination or
reduced to judgment as certified by the controller.
10.The signatories aver that they are familiar with CRS 18-8-301,et.seq.,(Bribery and Corrupt Influences)and CRS 18-8-401,et.seq.,(Abuse of Public
Office),and that no violation of such provisions is present.
11. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property
described herein:
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
CONTRACTOR: STATE OF COLORADO
(Full Legalj'Iame) Weld County BILL OWENS,GOVERNOR
;
J.M. S. Geile (04/23/2001) By �
4
E E T, IV DIRECTOR, Bob Brooks
Position (Title) Chair
846000813 N DEPARTMENT
Social Security Number or Federal ID Number OF Local Affairs
(If Corporation:)
iateM1i1/ ,jtvv IE
Attest(Seal) I '` APPROVALS:
By �/ �� -. 7'" E1' :Y STATE CONTROLLER
Data:psratecSaarstm klorcEgrdltal ^t 4 r '"":a• rre
Deputy Clerk to the BoaV
4jiki 11
Arthur L. Barnhart PRE-APPROVED FORM CONTRACT REVIEWER By s-o 1/4,1 4„ /� , e
Rose Mari ten
By
Form 6-AC-02C
Revised 7/97
395-53-01-1030 Page 9 which is the last of 9 Pages
Hello