HomeMy WebLinkAbout851306.tiff RESOLUTION
RE: APPROVAL OF IMPACT ASSISTANCE CONTRACT BETWEEN WELD COUNTY
AND COLORADO DEPARTMENT OF LOCAL AFFAIRS AND AUTHORIZATION
FOR CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, pursuant to 39-29-101 to 14 and 34-63-101 and 102 ,
CRS, as amended, Impact Assistance Funds were created, which are
to be administered by the Department of Local Affairs, and
WHEREAS, a Contract for Impact Assistance Funds between Weld
County, Colorado, and the Colorado Department of Local Affairs has
been presented to the Board, and
WHEREAS, after study and review, the Board deems it advisable
to approve said Contract, a copy being 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
Impact Assistance Funds between Weld County and the Colorado
Department of Local Affairs 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 9th day of
October, A.D. , 1985 .
a,y�1 /) 7'L _'f'_ • , BOARD OF COUNTY COMMISSIONERS
ATTEST:11111-(( Linn v�T tivwiium� WELD COUNTY, COLORADO
Weld County Clerk and Recorder O-4-÷o"
and Clerk to the Board Jkn( Pro-Tem
o son, Chairman
O AO." affr
BY: O-44— c a /tc :t a
De uty County Cle
APPROVED AS TO FORM: C.W. Ki. '" f
C /1:2 G. 41!lc>rj
ounty Attorney ��
�;/
Fr.nk Yamaguc/
/tit' //q6 ( c' f<:) ri,� r_
851306
EIAF #1308 Department or Agency Number
5Q 00O0
Contract Routing Number
6 - /33
CONTRACT
A p‘ ,/v2----
THIS CONTRACT, made this t day of a —1.-, 198 nunc pro tunc
August 29, 1985, by and between the State of Colorado for The use of the Department
of d LOCAL AFFAIRS 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 /OO / , G/L Account Number 50/77 ,
Contract Encumbrance Number C 05606 ; and
WHEREAS, required approval , clearance and coordination has been accomplished
from and with appropriate agencies; and
WHEREAS, the State desires to assist state agencies, school districts, local
governments and political subdivision of the State that are experiencing social and
economic impacts resulting from the development of energy resource industries in
Colorado; and
WHEREAS, pursuant to 39-29-101 to 114, and 34-63-101 and 102, C.R.S. , 1973, as
amended, Impact Assistance Funds are created, which are to be administered by the
Department of Local Affairs; and
WHEREAS, applications for distributions from the Local Government Severance Tax
Fund and the Mineral Impact Fund have been received by the Department of Local
Affairs; and
WHEREAS, the Executive Director desires to distribute said funds pursuant to
law; and
WHEREAS, the Contractor is an eligible political subdivision to receive energy
impact assistance; and
WHEREAS, Weld County has been subjected to employment and economic pressures as
a result of the energy industry in Colorado; and
WHEREAS, the State and the Contractor are in agreement that the timing in
completing the acquisition of new courthouse facilities and the renovation of the
existing courthouse facility is a critical factor in providing adequate judicial
services, and
WHEREAS, the Executive Director of the Department of Local Affairs authorized
the Contractor to begin the acquisition necessary to undertake the Project on
August 29, 1985 prior to the full execution of this Contract because the option on
the building was due to expire on August 31 , 1985;
NOW THEREFORE It is hereby agreed that:
1 . Area Covered. The Contractor shall perform and accomplish all the
necessary work and services provided under this Contract, as described in the
attached Exhibit A, which is incorporated herein and made part of this Contract by
reference, in connection with and respecting the following area or areas:
Weld County
2. Scope of Services. In consideration for the monies to be received from the
State, the Contractor shall do, perform, and carry out, in a satisfactory and
proper manner, as determined by the State, all work elements as indicated in the
"Scope of Services", set forth in the attached Exhibit A, hereinafter referred to
as the "Project". Work performed prior to the execution of this Contract shall not
be considered part of this Project, except as specifically provided herein.
3. Responsible Administrator. The performance of the services reouired
hereunder shall be under the direct supervision of Donald Warden , an
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employee or agent of Contractor, who is hereby designated as the administrator-
in-charge of this Project. At any time the administrator-in-charge is not assigned
to this Project, all work shall be suspended until the Contractor assigns a
mutually acceptable replacement administrator-in-charge and the State receives
notification of such replacement assignment.
4. Time of Performance. This Contract shall become effective upon proper
execution of this Contract. The Project contemplated herein shall commence as soon
as practicable after the execution of this Contract and shall be undertaken and
performed in the sequence set forth in the "Time of Performance" in the attached
Exhibit A, except as specifically provided herein. Expenses incurred by the
Contractor in association with said Project prior to execution of this Contract
shall not be eligible expenditures except as specifically provided herein. The
Contractor agrees that time is of the essence in the performance of its obligations
under this Contract, and that completion of the Project shall occur no later than
the termination date set forth in the Time of Performance.
5. Compensation and Method of Payment. The State agrees to pay to the
Contractor, in consideration for the work and services to be performed, a total
amount not to exceed ONE-HUNDRED AND SEVENTY-FIVE THOUSAND- - - Dollars
($175,000.00). The method and time of payment shall be made in accordance with the
"Payment Schedule" set forth in Exhibit A.
6. 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. All
receipts and expenditures associated with said Project shall be documented in a
detailed and specific manner, and shall accord with the "Budget" set forth in
Exhibit A. Contractor may adjust budgeted expenditure amounts up to ten percent
(10%) within said Budget without approval of the State. Adjustments of budget
expenditure amounts in excess of ten percent (10%) must be authorized by the State
in an amendment to this Contract properly executed and approved pursuant to the
State Fiscal Rules. In no event shall the State's total consideration exceed the
amount shown in Paragraph 5 above.
a. Unless otherwise provided in this Contract, if Exhibit A provides for
more than one payment by the State, the initial payment set forth in
the Payment Schedule shall be made as soon a practicable after proper
execution of this Contract. The Contractor shall initiate all
subsequent payment requests by submitting documented proof of proper
expenditure of State funds thus far received to a contract monitor
designated by the State.
b. The Contractor shall request the final payment, which is the amount
withheld by the State until the Project is complete, for the Project
by submitting to the contract monitor a detailed cost accounting of
all State funds received and expended towards completion of the
Project. Upon determining to its satisfaction that all funds received
by the Contractor have been properly spent towards accomplishment of
the Project, the State shall promptly make final payment to the
Contractor.
c. Within ninety (90) days of completion of the Project, the Contractor
shall submit to the contract monitor a detailed cost accounting of
expenditures of the final payment received from the State. Any State
funds not expended in connection with the Project shall be remitted to
the State at that time.
7. Audit. The State or its authorized representative shall have the right
to inspect, examine, and audit Contractor's records, books and accounts, including
the right to hire an independent Certified Public Accountant of the State's
choosing and at the State's expense to do so. Such discretionary audit may be
called for 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 at a time convenient to the
Contractor and during regular business hours. Whether or not the State calls
for a discretionary audit as provided for in this paragraph, if the Project is
accomplished within a single fiscal year of the Contractor, the Contractor
shall , at the conclusion of the Project, and in addition to any other reports
required, submit a report and auditor's statement of the Project account to the
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Office of Impact Assistance in the Department of Local Affairs . Such
report shall be prepared in conjunction with Contractor' s regular
yearly audit, and must be submitted within six (6) months after the
close of the then current Contractor' s fiscal year.
8. Personnel. The Contractor represents that he has, or will
secure at his own expense, unless otherwise stated in Exhibit A,
all personnel, as employees of the Contractor, necessary to perform .
the work and services required to be performed by the Contractor
under this Contract. Such personnel may not be employees of or have
any contractual relationship with the State. All of the services '
required hereunder will be performed by the Contractor or under his
supervision, and all personnel engaged in the work shall be fully
qualified and shall be authorized under State and local law to per-
form such services.
9 . Termination of Contract for Cause . If , through any cause,
the Contractor shall fail to fulfill in a timely and proper manner
his obligations under this Contract , or if the Contractor shall
violate any of the covenants, agreements, or stipulations of this
Contract, the State shall thereupon have the right to terminate this
Contract for cause by giving written notice to the Contractor of such
termination and specifying the effective date thereof, at least five
(5) days before the effective date of such termination. In that
event , all finished or unfinished documents, data, studies , surveys,
drawings, maps, models, photographs, and reports or other material
prepared by the Contractor under this Contract shall, at the option
of the State, become its property, and the Contractor shall be
entitled to receive just and equitable compensation for any satis-
factory work completed on such documents and other materials.
Notwithstanding the above, the Contractor shall not be relieved
of liability to the State for any damages sustained by the State by
virtue of any breach of the Contract by the Contractor, and the State
may withhold any payments to the Contractor for the purpose of setoff
until such time as the exact amount of damages due the State from the
Contractor is determined.
10. Termination for Convenience of State. The State may termi-
nate this Contract at any time the State determines that the purposes
of the distribution of State monies under the Contract would no
longer be served by completion of the Project. The State shall
effect such termination by giving written notice of 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 finished or unfinished documents and other materials
as described in Paragraph 9 above shall , at the option of the State,
become its property. If the Contract is terminated by the State as
provided herein, the Contractor will be paid an amount which bears
the same ratio to the total compensation as the services actually
performed bear to the total services• of the Contractor covered by
this Contract, less payments of compensation previously made: Pro-
vided, however, that if less than sixty percent (60%) of the services
covered by this Contract have been performed upon the effective date
of such termination, the Contractor shall be reimbursed (in addition
to the above payment) for that portion of the actual out-of-pocket
expenses (not otherwise reimbursed under this Contract) incurred by
the Contractor during the Contract period which are directly attri-
butable to the uncompleted portion of the services covered by this
Contract . If this Contract is terminated due to the fault of the
Contractor, Paragraph 9 hereof relative to termination shall apply.
11 . Changes. The State may, from time to time, require changes
in the scope of services of the Contract to be performed hereunder.
However , this Contract is intended as the complete integration of all
understandings between the parties, at this time, and no prior or
contemporaneous addition, deletion, or other amendment hereto shall
•
Page 3 of 7 pages
have any force or effect , whatsoever, unless embodied in a written
contract amendment incorporating such change , including any incred)e
or' decrease in the amount of monies to be paid to the Contractor ,
executed and approved pursuant to the State ' s Fiscal Rules .
12. Reports . At least two ( 2) copies of all reports prepared as
a result of the Project will be submitted to the Office of Impact
Assistance in the Department of Local Affairs within two (2 ) weeks of
completion of such reports .
13. Indemnification . Contractor , in consideration for State' s
promises herein set forth , promises to indemnify, save and hold harm-
less and defend State , and all of its employees and agents , acting
officially or otherwise , from any and all liability, claims , demands ,
actions , debts and attorney fees arising out of , claimed on account
of , or in any manner predicated upon loss or damage to the property
of and injuries to, or death of all persons whatsoever , which may
occur, or is sustained in connection with the performance of this
Contract , or by conditions created thereby, or based upon any viola-
tion of any statute, ordinance , or regulation , and the defense of any
such claims or actions .
14. Employment Referrals . The Contractor shall accept and require
that all subcontractors accept , from either the Job Training
Partnership Act Service Delivery Area employment and training agency
or the Job Service Center in the area, referrals as candidates for
filling vacant job positions supported by or created as a result of
funds provided by the State under this contract .
15. Conflict of Interest .
a. No employee of the Contrctor shall perform or
provide part-time services for compensation ,
monetary or otherwise , to a consultant or con-
sultant 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 or 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 compensa-
tion 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 any investment 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 on his/her behalf , by a general , limited, or silent part-
ner 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
Page 4 of 7 pages
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 fu 'Luie interest worth mum .: than One Thousaed Dollars
(S1 ,-000 .00) .
d. In the event a conflict of interest , as described
in this Paragraph 16 , 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 deter-
mined by the State , the State reserves the right
to terminate the Contract for cause, as provided
in Paragraph 9 above. Failure to file a disclosure
statement required by this Paragraph 15 shall con-
stitute grounds for termination of this Contract
for cause by the State.
16. Compliance with Applicable Laws . At all times during the
performance of this Contract , the Contractor shall strictly adhere to
all applicable federal and State laws that have been or may hereafter
be established.
17 . 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 invalid-
ity 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 waiver of any other term.
18. Binding on Successors . Except as herein otherwise provided ,
this agreement shall inure to the benefit of and be binding upon the
parties , or any subcontractors hereto, and their respective successors
and assigns .
19. Assignment . Neither party, nor any subcontractors hereto ,
may assign its rights or duties under this Contract without the prior
written consent of the other party.
20. Limitation to Particular Funds . The parties hereto expressly
recognize that the Contractor is to be paid, reimbursed, or otherwise
compensated with funds provided to the State for the purpose of con-
tracting 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 this Contract .
21 . Minority Business Enterprise Participation. It is the policy
of the State of Colorado that minority business enterprises shall have
the maximum practicable opportunity to participate in the performance
of its construction grant contracts . The Contractor agrees to use its
best efforts to carry out this policy to the fullest extent practi -
cable and consistent with the efficient performance of this Contract .
As used in this Contract , the term "minority business enterprise"
means a business , at least 50 percent (50%) of which is owned by
minority group members or , in the case of publicly owned businesses ,
at least 51 percent (51%) of the stock of which is owned by minority
group members . For the purposes of this definition , minority group
members are Negroes or Black Americans , Spanish-speaking Americans ,
Asian Americans , American Indians , American Eskimos and American
Aleuts . The Contractor may rely on written representations by
binders , contractors , and subcontractors regarding their status as
minority business enterprises and need not conduct an independent
investigation.
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SPECIAL PROVISIONS
CUM1IOLt l'$ MP1101►*L
1. This contract shall mot be deemed valid Until it shall have been approved by the Controller of
the State of Colorado or such assistant as he may *signet*, This provision is applicable to any con-
tract Involving the payment of looney by the State.
FUND AVAILMILITV
2. Financial obligations of the Stet* payable after the current fiscal year ere contingent upon
funds for that purpose being appropriated, budgeted and otherwise node evillable.
BOND REQUIREMENT
3. If this contract involves the payment of were than $50,000.00 for the construction, erection,
repair, maintenance, or improvements of any building, road, bridge, viaduct, tunnel, excavation or other
public works for this State, the contractor shall, before entering the performance of any such work in-
cluded in this contract, duly execute and deliver to and file with the official whose signature appears
below for the State, • good and sufficient bond or other acceptable surety to be approved by said offi-
cial inc penal sue not less than one-half of the total amount payable by the terns 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 its contractor or his subcontractors
fall to duly pay for any labor, materials, team hire, sustenance, provisions, provender cr other supplies
used or consumed by 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 flied, no claim in favor of the contractor arising under this contract shall be audited,
el lowed 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 lieu of a bond. This provision is in compliance with 38-26-106
CRS, as amended.
DISCRIMINATION NO 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 prac-
tices (24-34-402, CRS 1982, Replacement Vol.), and es 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 subcontracts.
During the performance of this contract, the contractor agrees as follows:
(1) 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 hand-
icap, 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 actions shall Include, but not be limited to the following: employment, upgrading, demotion, or
transfer, recrultmmnt or recruitment advertising; lay-offs or terminations; rates of pay or other forms
of compensation; aid 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 be-
half of the contractor, state that ail 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 con-
tracting officer, advising the labor union or workers' representative of the contractor's commitment un-
der the Executive Order, Equal Opportunity end 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 end
Orders of the Governor, or pursuant thereto, end will permit access to his books, records, end accounts
by the contractive; 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 ha= 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 car Indirectly, to commit any act defined in this contract to be discriminatory.
Page 6 of 7 Pages
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(7) in the event et the contractor's non-co pllanee with Rie non-dlsalalnatien clause M this oon-
tract Or with elm et such rules, regulations, er orders, this contract sny M ancalled, terminated der
suspended In whole or in pert end the Contractor May be declared ineligible far further State eon
In eceordence with proceduras•euthorltad in Executive Order, Equal Opportunity end Affirmative Action Of
April 16, 1975 end the rules, regulations a orders promulgated In accordance therewith, end such other
sanctions es may be imposed end remedies as may be invoked es provided in Executive Order, Equal Opportu-
nity end Affirmative Action of April 16, 1975, or by rules, regulations, or orders preeuieated in accor-
dance therewith, or a otherwise provided by law,
(8) The contractor will include the provisions of paragraph (1) through (8) In every sub-contract
and sub-contractor purchase order unless exempted by rules, regulations, a orders issued pursuant to Ex-
ecutive 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 pro-
visions, Including sanctions for non-eomplience; provided, however, that in the event the contractor be-
comes Involved In, or is threatened with, litigation with the subcontractor or vendor as • 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.
COLMA00 LABOR P EHMEICE
5. Provisions of 8-17-101 6 102, CRS for preference of Colorado labor are applicable to this con-
tract if public works within the State are undertaken hereunder and are financed in whole or In part by
State funds.
GENERAL
6. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be ap-
plied 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 ne-
gate this or any other special provision in whole or in part shall be valid or enforceable or available
in any action at is 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.
7. At all times during the performance of this contract, the contractor shalt strictly adhere to
all applicable federal and State laws, rules and regulations that have been or ay hereafter be esta-
blished.
8. The signatories hereto aver that they are familiar with 18-8-301, et seq., (Bribery and Corrupt
Influences) and 18-8-401, et seq., (Abuse of Public Office), CRS 1978 Replacement Vol., and that no vio-
lation of such provisions is present.
9. The signatories aver that to their knowledge, no State employe has any personal or beneficial
interest whatsoever In the service or property described herein.
IN WITNESS IMHOF, the parties hereto have executed this Contract on the day first above written.
STATE OF COLORADO
` //'' RICHARD 0, LAMM, GOVERNOR`,
(Full Legal Name) Geld CouiA-y BYed44.‘e �gen Smith
Executive 01r or
Contractor B6O Uv o DEPARTMENT
OF Local Affairs
Position (Title) CkA;R (n A+0
Federal identification Number
(If Corporation:) J -�-
Attest: ('SSea l) .' lt� �e&4t/te a�n,
8y / 631�1t �� l /
J Town/Couety Clerk or qulvs lent
APPROVALS
ATTORNEY GENERAL � `,1!C?.:�sl~: rir) R JAPES A. STROUP
4rBY . 1 S :PM%
:coral riot ;.' r+
Page 7 et 7 Pages
fr. ,
EXHIBIT A
Scope of Services and Payment Schedule
#1308 EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
WELD COUNIY
1. Scope of Services
This project involves the acquisition and remodeling of a building
located at 922 through 936 9th Avenue, Greeley, Colorado by Weld County
for court support functions including but not limited to the Probation
Department and Public Defender's Office. This project, also, includes
the renovation of the interior of the existing courthouse facility.
The Courthouse renovation will include the remodeling of portions of the
1st, 2nd, 3rd and 4th floors of the building to better utilize the space
available.
The contribution from Impact Assistance shall not exceed $175,000. Weld
County will provide $262,500 cash match.
Construction contracts for the project will be awarded using a formal ,
public competitive bid process with the Contractor being obligated to
award the bid to the lowest responsible bidder meeting the Contractor's
project specifications
Copies of any and all contracts entered into by the Contractor in order
to accomplish this project will be submitted to the Department of Local
Affairs, Office of Impact Assistance, upon execution, and any and all
contracts entered into by the Contractor or any of its subcontractors
shall comply with all applicable federal and Colorado State law and shall
be governed by the laws of the State of Colorado notwithstanding
provisions therein to the contrary.
II. Time of Performance
This agreement is effective retroactively to August 29, 1985, and all
actions of the parties hereto which have taken place after August 29,
1985 and prior to the date of execution of this agreement which are in
accordance with the terms hereof are ratified and confirmed.
The contract will expire on October 31 , 1986 except that the
contract may be extended a maximum of 12 months subject to the mutual
agreement of the State and the Contractor. A request for extension by
the Contractor shall be submitted to the State at least 30 days prior to
the expiration of the Contract with a full justification for the
extension request. If approved by the State, written notification will
be provided to the Offices of the State Controller and the State Attorney
General.
III. Budget
Revenue Expenditures
Impact Assistance Funds $175,000 Acquisition $308,000
County Contribution 262,500 Remodel Annex 57,800
Remodel Courthouse 71 ,700
Total $437,500 Total $431,500
IV. Payment Schedule
A. $123,200 Initial payment to be made within thirty (30) days of
the date of execution of this contract.
B. $ 43,050 In approximately two interim payments reimbursing the
Contractor for actual expenditures made in the
performance of this Contract. Payments will be based
upon properly documented financial and narrative status
reports detailing expenditures made to date.
Page 1 of 2 pages
C. $ 8,750 Final payment to be made upon completion of the project.
The contractor will submit a final financial and
narrative report documenting the expenditure of all
Impact Assistance Funds for which payment has been
requested.
$175,000 TOTAL
All requests for payment after the first payment will be initiated by the
contractor in accordance with the provisions in paragraph 6 of the main
body of this contract.
V. Contract Monitoring
The Department of Local Affairs will monitor this project on an as needed
basis.
VI. Reporting Schedule
The contractor will submit financial and narrative status reports
detailing Project progress and properly documenting all expenditures of
Impact Assistance funds at the time the payment is requested, in
accordance with the payment schedule.
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