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HomeMy WebLinkAbout840087.tiff RESOLUTION RE: APPROVAL OF AMENDED CONTRACT BETWEEN THE STATE DEPARTMENT OF LOCAL AFFAIRS AND WELD COUNTY, COLORADO 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 did, on the 25th day of April , 1984 , approve a contract between the State Department of Local Affairs and Weld County, Colorado, concerning computerizing the property assessment process , and WHEREAS , the Board has now been presented an amended con- tract for the purpose of computerizing the Weld County Assessor' s Office, and WHEREAS, the Board, after study and review, deems it advis- able to approve said amended contract, a copy being 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 amended contract between the State Department of Local Affairs and Weld County, Colorado, be, and hereby is , approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 22nd day of August, A.D, 1984 . BOAR�,,, � L �]""�"' "� WELDD OF COUNTY[,NTY COLORADOSSIONERS ATTEST "(" Weld County Clerk and Recorder and Clerk to the Bo Norman Carlson, Chairman BY'� Cyl2—!'V�e -1(..h.74..E \ � D puty County C rk Ja' .ue`►' ne J. son, Pro-Tem APPRO D AS TO FORM: C 03Thcast ttr Gene R. Bran ..-.. .r17.19-.-2415----- e_57 4untaey uck Carlson / L i T. ) 9.-2,2 J n T. Martin 840087 ' Form 6-AC-02A DEPARTMENT OR AGENCY NUMBER CONTRACT ROUTING NUMBER AMENDMENT CONTRACT • AMENDMENT THIS CONTRACT, made this 31st day of August 1984, by and between the State of Colorado for the use and benefit of the Department of 't Local Af fa i re hereinafter referred to as the State, and 'z The Board of County Commissioners of 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 1001 C L Account Number 54167. Contract Encumbrance Number ; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies: and WHEREAS. '' The parties heretofore entered into a Contract dated April 23, 1984 with contract routing number 84-672 and contract encumbrance number C854329 , herein after called the Original Contract, for the purpose of computerizing the Weld County assessor's office, as • required by 39-2-109 and 29-1-301, C.R.S. and; WHEREAS, The State and the Contractor are in agreement that continued support of the Project, as defined by the Original Contract, is critical to the Contractor; • NOW THEREFORE. it is hereby agreed that the Original Contract be and is amended as follows: I. '" Exhibits C and D of this Amendment are incorporated herein and made part of this Amendment by this reference. 2. Paragraph 2. of the Original Contract and Exhibit B of the Original Contract be supplemented to reflect any change of vendor indicated in line 2 of Exhibit C of this Amendment. 3. Paragraph 4. -of the Original Contract and Exhibit A of the Original Contract be amended to reflect any change of time of performance as indicated in line 3 of Exhibit C of this Amendment. 39543-0}-1014 Pace 1 of__pages 'ISee instructions on or last page.) 4, The following portion of Paragraph 5. will only apply to the time period beginning from the date of execution of the Original Contract until September 15, 1984: "Notwithstanding anything in this Contract to the contrary, in no case shall State payments under this Contract exceed the lessor of $7,500 or fifty (50) percent of total Project expense in any State Fiscal Year." 5. Paragraph 5. of the Original Contract be supplemented by adding the following paragraph 5.1: "5.1 Compensation and Method of Payment. The State agrees to pay the Contractor, in consideration for the work and services to be performed, a total amount not to exceed the amount shown on line 4 of Exhibit C of this Amendment to the Original Contract during State Fiscal Year ending June 30, 1985. The time of payments to be ninety (90) percent of the dollar amount within thirty (30) days of proper execution of this Amendment to the Original Contract, and the remaining ten (10) percent of the dollar amount within thirty (30) days of receipt by the State of a paid vendor invoice and/or other documentation required by the State itemizing work performed, services rendered and respective costs. Notwithstanding anything in this Contract to the contrary, in no case shall total State payments under this Contract exceed $7,500 during the State Fiscal Year ending June 30, 1985, excluding amounts retained until completion of the terms and conditions of the Original Contract." 5. The effective date of this Amendment is September 15, 1984. All ; rove_ ions _�;� ai . .. remain In fullfors-na effect except for the specific provisiur... .i: :f!eu „ t:.i.. Amendment. Page 2 of 4 pages • Fonn 6-AC-naB • SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. 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 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 shalt. before entering upon the perrornance at an:. such .work included in this contract. duly execute and deliver to and tile with the official whose signature appears below for the State. a genet and sufficient bond or other acceptable surety m 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 for the due and 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;,y such contractor or his subcontractor in performance of the work contracted to be done, 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, when so required. is executed. delivered and filed. no claim in favor of the contractor arising under this contract shall be audited. allowed or paid. A certified or cashier's check or a bank money order made payable to the Treasurer of the State of Colorado may be accepted in Lem 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 State in which the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in S-16-101. CRS 19"3. 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 ('_41-34-40?CRS 1973. as amended). and as required by Executive Order. Equal Opportunity and Affirmative Action, dated April 16. 1975. Pursuant thereto. the following provisions shall he contained in all State contracts or subcontracts. 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 be limited to the following: employment. upgrading, demotion. or transfer, recruitment or recruitment advertisings: layoffs 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 origin, sex, marital status, religion, ancestry, mental or physical handicap. 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 committment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16. 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 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. (5) 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. (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 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. • 395-53-01.1022 page _of tom" _pages Form 6-AC-02C (7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, 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 and the 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. (8) The contractor will include the provisions of paragraphs (1) through (8) 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 16, 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 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 6. Provisions of 8-17.101, & 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 in 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 any extra-judicial body or person or which is otherwise in conflict with said laws. rules and regulation 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. The signatories hereto aver that they are familiar with 18.8-301, et seq.. t Bribery and Corrupt Influences) and 18-8-401. et seq.. (Abuse of Public Office), C.R.S. 1973. as amended,and that no violation of such provisions is present. , n The aznatories aver that to their 4nnwledoe no ,tate emplovee has any nersonal or beneficial interest `.,.nar,nr.er.❑ the >ervlue Or rrufert% descrinec 7e"" IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above wntten. STATE OF COLORADO The Board of County Commissioners RICHARD D. LA31M1. GOVERNOR of Weld County (/�1� ,e, � Contractor By 'EXECUTIVE DIRECTOR. DEPARTMENT • Position Chairman OF Social Security Number APPROVALS ATTORNEY GENERAL CONTROLLER By By ATTEST: t�tt�44.,,,,,ssd WELD COUNTY LERK AND RECORDER AND CLERK, T -yTHE BOARD �(' ,> Deputy County CldtW • Page 4 which is the last of____4_pages •See instructions on reverse side. Exhibit C Fiscal Year 1984-1985 CAAP Contract Amendment Worksheet 1. Were the administrative, personal property andresidential appraisal systems in your officecomplete during Fiscal Year 1983-1984? (Circle) N 2. Have you changed data processing system vendors since June 30, 1984, or do you contemplate such (Circle) a change? Y (If yes, briefly describe from whom, to whom and why): 3. When do you expect to have all systems, software or enhancements covered by the CAAP grants completely operational? (Date) Add three months to that date; to determine time of performance: + 3 Months (Date) 4. Attach Exhibit D, Grant Award Worksheet and enter the lessor of $7,500 or the amount of line 9 of Exhibit D for 1984-1985 award: Exhibit D Fiscal Year 1984-1985 Grant Award Worksheet for Weld County 1. Previously Reported Total System Expense $ , ; , 2. Less Recurring Costs - I' j 3. Subtotal $ M__ '� 7) 983-194 ...lines . . x 2 Less Grant $ Program '' $ - 5. Remaining Allowable -:- 2 Expenses $ , > I :, 6. Additional Non-Recurring Expense Items (not previously reported) Date Item Operational Cost a. $ b. c. d. / e. 7. Total $ -.- 2 $ $ 8. Additional Allowable = — ___ 9. Total Allowable Expenses $ (If line 9 is greater than or equal to $7,500, then $7,500 should be used to complete Exhibit C number 4, otherwise use the indicated dollar amount on line 9.) pF COZO A \9 Colorado Department of Local Affairs A* DIVISION OF PROPERTY TAXATION Mary Anne Maurer /876 Property Tax Administrator Richard D. Lamm Governor MEMORANDUM TO: County Assessors Amending FY 1983-1984 CAAP Contracts FROM: Steve Goering -- RE: Non-recurring Expenses for Fiscal Year 1984-1985 DATE: August 1, 1984 Upon reviewing Exhibit D to the attached Original Contract Amendment, you may find certain expenses, previously reported by you, that have been removed by me as potentially recurring expenses. If you believe that these labor expenses, consulting, and training expenses are in fact one-time, non-recurring expenses please enclose a brief explanation of your reasoning and re-report those expenses in section six (6) of Exhibit D. The DPT has, as you know, established the following grant award priorities: 1) Non automated counties 2) Partially automated counties 3) Counties requiring enhancements only As a result of this prioritization and limited funding, the FY 1984-1985 grant dollar amount for category 3) counties will not be known until the level of participation of category 1) and 2) counties is known. Therefore, the Division is requesting that you do not fill in line 4 of Exhibit C unless: 1) You had not completed your administrative, personal property and real property appraisal systems by June 31, 1984, or 2) You have discussed your FY 1984-1985 grant request with me and we have verbally agreed on a dollar amount. SG:rr C.A- 1313 1313 Sherman Street, 623 Centennial Building, Denver, Colorado 80203 (303) 866-2371/2375 t} Hello