HomeMy WebLinkAbout20001275.tiff RESOLUTION
RE: APPROVE WAIVER CONTRACT FOR THE ADMINISTRATION OF COMMUNITY
SERVICE BLOCK GRANT AND AUTHORIZE CHAIR TO SIGN - COLORADO
DEPARTMENT OF LOCAL AFFAIRS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, purs cant 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 Waiver Contract for the
Administration of the Community Service Block Grant 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, and the Colorado Department of Local Affairs, commencing
May 1, 2000, and ending April 30, 2001, 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 Waiver Contract for the Administration of the Community
Service Block Grant 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,
and the Colorado Department of Local Affairs 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 24th day of May, A.D., 2000, nunc pro tunc May 1, 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
f At. , —, 4 u ' i
� 4 �� � ''' ' M4A7 'Barbara J. irkmeyer, Chair
-So the Board - , ,
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1\1t , *� M. J. ile, Pro-Tem/
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Viso he Board -- g c- •
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George E. Baxter
APP-ROVED AS TM: r _
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my ttorney
Glenn Vgad--
2000-1275
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� )t ,��;i r r�� x Memorandum
To: Barbara J. Kirkmeyer
6771-/A/ ,h? C L ( %)4e
Board of County Commissioners
Date: May 16, 2000
/79-�v , 1
From: Walter J Speckman, Executive Director, Human Sry
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//Ca !4,k1 (6-S Subject: Community Services Block Grank FY 2000
Enclosed for Board approval is the Waiver Contract between the Colorado
Department of Local Affairs and the Weld County Division of human services for
the administration of CSBG funds for the performance of services.
The term of this grant will be May 1, 2000 through April 30, 2001.
If you have any questions,please telephone me at 353-3800, extension 3317.
2000-12 ")
Form RAC 02A(R 1/65)I)
Department or Agency Number
NAA
Contract Routing Number
WAIVER CONTRACT
This contract, made this day of , 2000,by and between the State of Colorado for
the use and benefit of the Department of Local Affairs, Community Services Block Grant Program, 1313
Sherman Street,Room 521, Denver,CO 80203, hereinafter referred to as "DOLA" or the State, and Weld
County dba Weld County Department of Human Resources, PO Box 1805, Greeley, Colorado 80632
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, Contract Encumbrance Number as detailed in grant award letter; and
WHEREAS, required approval, clearance, and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the State annually receives a Community Services Block Grant ("CSBG") from the U. S.
Department of Health and Human Services("HHS"),Office of Community Services,under the Community
Services Block Grant Amendments of 1994,42 U.S.C. sections 9901-9912 (the "Act"),to provide through
county governments a range of services and activities directed at achieving a measurable and potentially
significant impact on the causes of poverty and providing assistance to low-income families and individuals,
including the elderly poor, as prescribed in the Act; and
WHEREAS,the Governor has designated the Department of Local Affairs as the administering agency of
the funds; and
WHEREAS, the State annually distributes CSBG funds received from HHS to county governments on a
formula basis in accordance with an adopted State CSBG Plan; and
WHEREAS,the Contractor has been determined to be an eligible entity,as defined by the State CSBG Plan,
to contract with the state and to undertake the services desired; and
WHEREAS, the Contractor is capable and desires to perform the services.
NOW THEREFORE, it is hereby agreed that:
L Legislative Authority
This contract is authorized by and subject to annual HHS appropriations made to the Act. P. L. 103-
252,Human Services Amendments of 1994,42 U.S.C.Sections 9901-9912,and Title 45 Part 96,Department
of Health and Human Services Block Grant Regulations.
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II. Legal Authority
The Contractor warrants that it possesses the legal authority to enter into this contract. The person
or persons signing this contract on behalf of the contractor also warrant that they have full authorization to
execute this contract.
III. State Responsible Administrator
Questions related to this project or performance under this contract should be directed to the following
State representative,CSBG Director,Department of Local Affairs, 1313 Sherman Street,Suite 521,Denver,
Colorado 80203, (303)866-4900,f:(303)866-4992,or such other State representative as has been identified
in writing by the State.
IV. Scope of Services
The Contractor,or its authorized designee,shall annually submit to the State,upon notification of its
CSBG fund allocation by the State,a Project Plan for the expenditure of those funds as required in the then
current State CSBG Plan. Upon written acceptance of the Project Plan by the State,through an award letter
in the format attached as exhibit A,the Contractor shall do,perform and carry out in a satisfactory and proper
manner,as determined by the State and in conformance to the State CSBG Plan and Federal Laws regarding
the Act, all work elements within the approved Project Plan. Grant project plans and Grant Award Letters
will become a part of this contract until such time as the grant is closed out. Except for the terms and
conditions and special provisions of the contract, the award letter shall supersede in the case of conflict
between the two.
V. Community Services Block Grant Requirements and General Provisions
The Contractor agrees to perform in accordance with, and to comply with, the Community Services
Block Grant Program Requirements and General Provisions issued by the U. S. Department of Health and
Human Services, Office of Community Services, and all revisions, refinements, and modifications as may
be made thereof, which are a part of this contract and incorporated herein by this reference.
A copy of these provisions are provided to the Contractor and are available on file with the State.
VI. Responsible Contract Administrator
The performance of the services required herein shall be under the direct supervision of Walt
Speckman,an employee or agent of the Contractor,who is hereby designated as the administrator-in-charge
of this Project. If at any time the administrator-in-charge is not assigned to this Project, a mutually
acceptable replacement administrator-in-charge shall be designated,and the State shall receive notification
of such replacement assignment and the plan to permanently fill the administrator position.
VII. Scope of Services\Budget Modification Procedures
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 Community Services Block Grant Award Letter. Such changes in
the scope of services of the Contractor shall be in writing via the issuance of a Community Services Block
Grant Award'Letter, accepting the contractor's proposed modifications made in writing, and shall he
incorporated without written amendment to this contract. Any revisions to the scope of services initiated by
the Contractor must be approved by the State Responsible Administrator. Any award letter shall not he
effective until approved by the State Controller or such assistant as he may designate. It is understood that
the award letter may be used in the case of modifications only for increased or decreased funding,
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corresponding adjustments to service and activity levels and any budget line items.
VIII. Period of Performance
This contract shall commence at the time of its execution and shall continue so long as the U.S.
Department of Health and Human Services(HHS)continues to award an annual Community Service Block
Grant to the State and the HHS approved State CSBG Plan continues to allocate those CSBG funds to the
Contractor. Grant award letters for each specific grant will identify the performance period f'or that grant.
IX. Contract Amount
The State will annually determine and notify the Contractor of the amount of its CSBG allocation at
the time HHS notifies the State of the approval of the annual State CSBG Plan and the amount of the State's
Community Services Block Grant. Written acceptance through an award letter by the State, of the
Contractor's Project Plan will authorize the Contractor to expend funds and initiate payment requests on their
allocation in accordance with the State CSBG reimbursement procedures.
X. Method of Payment
The method of payment under this contract will be cost reimbursement with all contract costs charged
to the project budget categories specified in the award letter. No costs will be chargeable to a project budget
category except to the extent that such benefits are received by such category.
XI. Reimbursement Procedures
If costs incurred are allowable and warranted, the DOLA will reimburse the Contractor on a need
basis. To receive payment,the Contractor shall submit certified invoices in such form and detail as required
by the DOLA.
XII. Advance Payments
Monies obligated under an Award Letter may be made available on an advance payment basis.
Utilizing this procedure,cash may be advanced to the Contractor to cover estimated disbursement needs for
the initial period. Such advances shall be subject to the following provisions:
a. Cash advances should be limited to immediate cash needs,and should not exceed thirty(30)days,
with the exception that a cash advance of two months may be requested during the first month of the program
year.
b. The request for advance shall be accompanied by a detailed statement of costs disbursed to date
and a detailed estimate of costs to be disbursed during the period covered by the advance.
c. Advance payments are limited to the total amount specified in the Award Letter and could be
limited or eliminated at any time by DOLA should the Contractor's lack of performance under this contract
present a programmatic or financial risk to the State (DOLA). Advance payments are limited by the
instructions on the "Request for Advance or Reimbursement" form.
XIII. Taxes
All participants receiving wages or wage equivalent payments (living allowances), must have
appropriate Federal, State, and Local income tax withheld on those earnings. Federal Insurance
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Contributions (FICA) payments must also be withheld.
XIV. 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. The 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),and
unemployment compensation insurance in the amounts required by law, and shall be solely responsible for
the acts of the Contractor, its employees and agents.
The Contractor is responsible for providing Worker's Compensation Coverage and Unemployment
Compensation Coverage for all of its employees to the extent required by law,and providing such coverage
for themselves. In no case is the State responsible for providing Worker's Compensation Coverage for any
employees or subcontractors of the contractor pursuant to this agreement, and the Contractor agrees to
indemnify the State for any costs for which the State may be found liable in this regard.
XV. Equal Employment Opportunities/Affirmative Action
The Contractor shall insure Equal Employment Opportunities(EEO)to all individuals and shall take
Affirmative Action (AA) to all individuals to ensure adequate utilization of members of protected classes
of workers who have been victims of past discrimination. EEO shall mean that no individual shall be
excluded from participation in, denied the benefits of, subjected to discrimination under, or denied
employment in administration of,or in any program funded under this section because of race,color,national
origin, age, sex, handicap, political affiliation, or belief.
Contractors shall be governed by the prohibitions against discrimination on the basis of age under the
Age Discrimination Act of 1975, on the basis of handicap under Section 504 of the Rehabilitation Act, on
the basis of sex under Title IX of the Education Amendments of 1972, or on the basis of race color, or
national origin under Title VI of the Civil Rights Act of 1976. Programs and activities funded under this Act
are considered to be programs receiving Federal financial assistance and are subject to all provisions of FED.
XVI. American Disabilities Act Provision
The Contractor assures the State that at all times during the performance of this contract that no
qualified individual with a disability shall,by reason of such a disability,be excluded from participation in
or denied benefits to the services,programs,or activities performed by the Contractor,or be subjected to any
discrimination by the Contractor upon which assurance the State relies.
XVII. General Contract Provisions
a. Federal Funding. Payment pursuant to this contract, if in Federal funds, whether in whole or in
part, is subject to and contingent upon the continuing availability of the Federal funds for the purposes
hereof. In the event that said funds,or any part thereof,becomes unavailable as determined by the State,the
State may immediately terminate this contract.
b. Compensation. Unless otherwise provided, the State shall establish billing procedures and
reimburse the Contractor for actual, reasonable and necessary expenses incurred in providing services
pursuant to this contract,based on the submission of quarterly itemized expenditure statements. Payments
pursuant to this contract shall be made as earned, in whole or in part, from available Federal funds
encumbered for the purchase of the described services. The liability of the State, at any time, for such
payments shall be limited to the amount of such encumbered funds remaining.
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In the event this contract is terminated, final payment to the Contractor may be withheld at the
discretion of the State until the State tenders final acceptance of the Contractor's performance or completion
of a final audit by the State.
Incorrect payments to the Contractor due to omission,error, fraud, of defalcation shall be recovered
from the Contractor either by the Contractor reimbursing the State or by deduction from subsequent
payments under this contract or other contracts between the State and the Contractor,or by the State as a debt
due to the State.
c. Confidentiality of Records. In the event the Contractor shall obtain access to any records or files
of the State in connection with, or during the performance of, this contract, the Contractor shall keep such
records and information confidential and shall comply with all laws and regulations concerning the
confidentiality of such records to the same extent as such laws and regulations apply to the State.
The Contractor agrees to notify and advise in writing, all employees, agents, consultants, licensees,
or sub-contractors of the said requirements of confidentiality and of possible penalties and fines imposed for
violation thereof,and secure from each an acknowledgement of such advisement and agreement to be bound
by the terms of this agreement as an employee, agent, consultant, licensee, or sub-contractor of the
Contractor, as the case may be. Any breach of confidentiality by the Contractor or third party agents of the
Contractor shall constitute good cause for the State to cancel this contract, without liability; any and all
information delivered to the Contractor shall be returned to the State. Any State waiver of an alleged breach
of confidentiality by the Contractor or third party agent of the Contractor is not to imply a waiver of any
subsequent breach.
d. Ownership of Materials and Information. The Contractor agrees that all materials, information,
data, computer software, documentation, studies and evaluations produced in performance of this contract
is the sole property of the State.
e. Reporting. Unless otherwise specified, the Contractor will submit quarterly fiscal reports and
semi-annual programmatic and narrative reports in the format designated by the Community Services Block
Grant Program. As this form may undergo revisions,the Contractor will be notified 45 days prior to the date
reports are to be submitted and will be provided with the reporting format and any additional documentation
necessary. The preparation of reports in a timely manner shall be the responsibility of the Contractor and
failure to comply may result in delay of payment of funds or termination of the contract. Required reports
shall be submitted to the CSBG State office within the month following the end of each calendar quarter and
upon the expiration and termination of the contract, or at such time as otherwise specified.
f. Records. In accordance with C.F.R.76.734,which implements 20 U.S.C. 1232f(a),grantees and
subgrantees must retain records for five years after completion of the activity for which they use grant or
subgrant funds. The Contractor shall maintain a complete file of all records, documents, communications
and other materials which pertain to the operation of programs or the delivery of services under this contract.
Such materials shall be sufficient to properly reflect all direct and indirect costs of labor, materials,
equipment, supplies, and services, and other costs of whatever nature for which a contract payment was
made. These records shall be maintained according to generally accepted accounting principles and shall
be easily separable from other Contractor records.
All such records,documents,communications,and other materials shall be the property of the State
and shall be maintained by the Contractor, in a central location and custodia, on behalf of the State, for a
period of five(5)years from the date of final payment under this contract,or for such further periods as may
be necessary to resolve any matters pending (including audits performed by the federal government).
g. Performance Monitoring. The Contractor shall permit the State, or any other duly authorized
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agent or governmental agency, to monitor all activities conducted by the Contractor pursuant to the terms
of this contract. Such monitoring may consist of internal evaluation procedures, examination of program
data,special analysis,on-site checking,formal audit examinations,or any other reasonable procedures. All
such monitoring shall be performed in a manner that shall not unduly interfere with contract work. The
Contractor authorizes the State to perform audits or inspections of its records at any reasonable time during
the term of this contract and for a period of three (3)years following the termination of this contract.
h. Non-performance Remedies. In addition to other specified remedial actions, the State may
exercise the following remedial actions should it find that the Contractor substantially failed to satisfy or
perform the duties and obligations in this contract. Substantial failure to satisfy the duties and obligations
shall be defined to mean insufficient, incorrect, improper activities or inaction by the Contractor. These
remedial actions are as follows: 1) Withhold payment to the Contractor until the necessary services or
corrections in performance are satisfactorily completed; 2) Request the removal from work on the contract
of employees of the Contractor whom the State justifies as being incompetent, careless, insubordinate,
unsuitable, or otherwise unacceptable, or whose continued employment on the contract it deems to he
contrary to the public interest or not in the best interest of the State; 3) Deny payment for those services or
obligations which have not been performed and which due to circumstances caused by the Contractor cannot
be performed or if performed would be of no value to the State. Denial of the amount of payment must he
reasonably related to the amount of work or performance lost to the State; or,4)Terminate the contract for
cause.
i. Non-assignability. Unless otherwise provided,the duties and obligations of the Contractor cannot
be assigned, delegated, nor sub-contracted except with the express written consent of the State. Sub-
contracts permitted by the State shall be subject to the requirements of this contract and the Contractor is
responsible for the performance of any sub-contract. In addition,except as otherwise provided,this contract
shall inure to the benefit of, and be binding upon, the parties hereto and their respective successors and
assigns.
Copies of any and all contracts entered into by the Contractor in order to accomplish this project shall
be submitted to the Department of Local Affairs, Community Partnership Office upon execution, and any
and all contracts entered into by the Contractor or any of its sub-contractors shall comply with all applicable
federal and state laws and shall be governed by the laws of the State of Colorado,notwithstanding provisions
therein to the contrary.
j. Litigation. Unless otherwise provided the Contractor shall notify the State, within five(5) days
after being served with a summons,complaint,or other pleading in a case which involves services provided
under this contract and which has been filed in any Federal or State court or administrative agency,and shall
deliver copies of such document to the State.
k. Continued Performance/Disputes. Any disputes arising under this contract shall be resolved in
accordance with the Community Services Block Grant Act and regulations and procedures established by
DOLA. Performance under this agreement shall continue pending resolution of any such dispute.
I. Termination for Cause. The State shall have the right to terminate this contract for cause by
giving the contractor at least ten(10)days notice by certified or registered mail, return receipt requested of
the reasons for termination. If the default is not cured within the time specified,this contract shall terminate
upon written notice by the State.
m. Termination For Convenience. Any provision of this contract to the contrary notwithstanding,
in the event termination of this contract becomes necessary,in the State's sole discretion,to comply with any
court order concerning State personal services contracts generally,or this contract specifically,this contract
may be terminated by the State immediately upon the giving of notice to the Contractor with out further
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obligation of the State.
The State may terminate this contract at any time the State determines that the purposes of the distribution
of monies under the contract would no longer be served by completion of the Project. The State shall effect
such termination by giving 30 days written notice of termination to the Contractor and specifying the
effective date of such termination. In that event, all finished or unfinished documents and other materials
as described in paragraph "d", Ownership of Materials and Information shall, at the option of the State,
become its property.
n. 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 as a waiver of any other term, or the same teen upon
subsequent breach.
o. Lobbying Activities. The Contractor assures that it shall comply with Public Law 101-121,
Section 319, 29 CFR Part 93, restrictions on lobbying.
p. Drug-Free Workplace. The Contractor shall ensure compliance with the Drug-Free Workplace
Requirements for Federal Grant Recipients under Sections 5153-5158 of the Anti-Drug Abuse Act of 1988
(41 U.S.C. 702-707).
q. Political Activity. No funds paid to the Contractor hereunder shall be used for any partisan or
non-partisan political activity or to further the election or defeat of any candidate for public office;nor shal I
they be used to provide services,or for the employment or assignment of personnel in a manner supporting
or resulting in the identification of programs conducted pursuant to this contract with(1)any partisan or non-
partisan political activity or any other political activity associated with a candidate, or contending faction
or group,in an election for public or party office;(2)any activity to provide voters or prospective voters with
transportation to the polls or similar assistance in connection with any such election; (3) any voter
registration activity. The Contractor shall otherwise comply with the requirement of 5 USC 1501-1508,
which are incorporated herein by this reference as if fully rewritten.
r. The Environmental Tobacco Smoke Certification. The Contractor assures that it shall comply with
the Environmental Tobacco Smoke Certification, also known as the Pro-Children Act of 1994.
s. Financial and Uniform Administrative Requirements. By accepting this Contract,the Contractor
agrees to comply with the Community Services Block Grant and applicable Federal Statutes, regulations and
guidelines. The Contractor agrees to operate the funded Program in accordance with the approved Grant
application and budget, supporting documents, and other representations made in support of the approved
Grant application. The applicable Federal cost principles, statutory and administrative provisions are
provided to the Contractor by the State.
t. Audit Requirements. Audit requirements for nonprofit organizations or institutions of higher
education are covered in OMB Circular A-133, and OMB Circular A-128 covers requirements for
government agencies. The circulars contain the audit requirements for Federal grantees. The purpose of the
circulars is to set uniform audit standards and to minimize the need for multiple audits when you have more
than one Federal grant. The cost of the audit is an "administrative cost".
u. Noncompliance with OMB Standards. Contractors who do not comply with contract terms or
OMB requirements,may have costs charged to the contract questioned or disallowed following an audit. (If
the financial management system is seriously inadequate, the DOLA can stop making advance grant
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payments, suspend funding,terminate the contract,recover funds,or take other legal steps.) Most common
audit findings resulting in questioned or disallowed costs include:
* inadequate accounting practices;
* poor internal controls;
* inadequate documentation and record keeping;
* inaccurate financial status reports; and
* failure to return interest on Federal grant funds.
v. Required Financial Documentation. All costs charged to the contract must be documented. For
example, the Contractor must maintain signed time and attendance records for each and every individual
employee and payroll documents approved by an official of the organization. Individual time distribution
records must be maintained for allocating an employee's salary between this contract and other funding
sources. Source documentation must be maintained for other costs such as receipts, travel vouchers,
invoices, bills, or affidavits. Volunteer costs must be documented. All in-kind and other matching
contributions, including grant award documents and receipts from other funding sources must be
documented.
XVIII. Discretionary Audit
The State, through the Executive Director of the Department, the State Auditor, or any of their duly
authorized representatives, including an independent Certified Public Accountant of the States's choosing,
or the federal government or any of its properly delegated or authorized representatives shall have the right
to inspect,examine,and audit the Contractor's(and any subcontractor's)records,books,accounts and other
relevant documents. Such discretionary audit may be requested at any time and for any reason from the
effective date of this contract until five (5) years after the date final payment for this Project is received by
the Contractor, provided that the audit is performed during normal business hours.
XIX. Actions to Achieve Plan
The State shall have the option to recapture and/or reallocate unexpended funds necessary to achieve
planned levels of activity within its total jurisdiction.
XX. Entire Understanding
This contract is intended as the complete integration of all understandings 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 novati on,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. The Community Services Block Grant Award Letter is
considered to be an attachment to and part of this contract.
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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, provendor 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 or a 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
4. 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 actor omission by the contractor,
or its employees,agents,subcontractors,or assignees pursuant to the terms of this contract.
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 practice(CRS 24-34-402),and as required by Executive Order, Equal Opportunity and Affirma-
tive 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 Governor.
(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 Governor 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 contractor 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 contractor's 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,
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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.
(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 upon each 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 determined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which
would otherwise be available 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 debtor 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 owin9 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 judgement 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:
(Full Legal Name).Weld County STATE OF COLORADO
dba Weld County Department of Human Resources BILL OWENS, GOVERNOR
\ — By Position (Title)_ _ BOB BROOKS EXECUTIVE DIRECT1'P
846000813 DEPARTMENT
sn6ai Security Number or Federal ID Number OF Local Affairs
(If Corporation:) APPROVALS
Atte (Seal) STATE CONTROLLER
Arthur L. Barnhart
Corporate Secretary,or Equivalent,Town/City/County Clerk
By
PRE-APPROVED FORM CONTRACT REVIEWER Rose Marie Auten
By
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