HomeMy WebLinkAbout890498.tiff rEPto MEMORAf DUM
h iDe vs
C. W. o Kirby, Chairman
;,, Board of County Commissioners D =e __ _.Tuna 12, ].989
COLORADO f, Walter J. Speckman, Executive Director,_Hsman_ Resources t % :
S,,,,J„, Contract Amendment Between Weld County Division of Human Resources
—.--�---- _ and._Colo rado artment._o£.1ocal_ Affairs _ _ _ . -
Enclosed for Board approval is a contract amendment between the Weld
County Division of Human Resources and Colorado Department of Local
Affairs.
The amendment awards 51,361.00 of Community Food and Nutrition funds to
be used in conjunction with the current Emergency Community Shelter
Housing Grant. These monies will be sub-contracted to Weld Information
and Referral Service (WIRS) for use in providing emergency food to
eligible clients.
The period of the contract will be from the date of signature through
September 30, 1989.
If you have any questions , please telephone me at 353-3816.
69+496
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DEPARTMENT OR AGENCY NUMBER
a ( C) Co
CSBG/ECSH CONTRACT ROUTING NUMBER
90
AMENDMENT
CONTRACT
THIS CONTRACT, made this 1st day of July 1989, by and between the State
of Colorado for the use and benefit of the Department of Local Affairs
1313 Sherman Street, Denver, Colorado, hereinafter referred to as the State,
and Weld County, Board of County Commissioners, hereinafter referred to as the
Contractor,
WHEREAS, authority exists in the Law and Funds have been budgeted,
appropriated and otherwise made available and a suffic}}'eMt unencumbered balance
thereof remains 4vPilable for payment in Fund Number e / , G/L Account
Numbers 40IKLI , Contract Encumbrance Numbers Cr y7(.2YY
; and
WHEREAS, required approval, clearance and coordination has been
accomplished from and with appropriate agencies; and
WHEREAS, the State and the Contractor have previously entered into a Grant
Contract dated March 1, 1989 with contract routing number 89-161 and contract
encumbrance number C859084, hereinafter called the Original Contract, for the
expenditure of Stewart B. Mckinney funds for services to homeless individuals;
and
WHEREAS, the State has received Community Food and Nutrition (CFN) Program
funds under the provisions of Section 681A(b) (1) of the Community Services
Block Grant Act as amended by Public Law 99-425 of the Human Services
Reauthorization Act, dated September 30, 1986, under Grant Number G89B3COCOSR;
and
WHEREAS, the State has determined that the CFN funds would facilitate the
Contractor's homeless service efforts as described in EXHIBIT A of the Original
Contract; and
WHEREAS, the State has determined the Contractor to be an eligible entity
to receive CFN funds; and
WHEREAS, the State has received an application from the Contractor for CFN
funds and has approved said application;
NOW THEREFORE, it is hereby agreed that:
1. The Original Contract is amended as follows:
a. Page 1, Paragraph 1. Scope of Services. Line 4, after Exhibit A,
insert "as amended" ;
b. Page 2, Paragraph 4. Definition of Client Eligibility. Line 2,
after EHP, insert "and CFN":
Page 1 of 4 Pages
890498
Homeless - Weld County
c. Page 2, Paragraph 5. Definition of Homeless Individuals. Line 2,
after EHP, insert "and CFN";
d. Page 2, Paragraph 6. Compensation and Method of Payment. Lines 3
and 4 are amended to read, "Eleven Thousand Six Hundred Ninety Six Dollars
($11,696)" ;
e. Page 2, Paragraph 7. Financial Management. Line 5, after EHP,
insert "and CFN";
f. Page 2, Paragraph 8a. Payment Method. Line 3, after EHP, insert
"and CFN";
g. Page 3, Paragraph lla. Contract Termination. Line 3, after EHP,
insert "and CFN" ;
h. Delete EXHIBIT A from the Original Contract dated March 1 , 1929 and
insert in lieu thereof the "Revised EXHIBIT A, Dated July 1, 1989" in its
entirety.
Page 2 of 4 Pages
890498
Form 6-A('-02B
SPECIAL PROVISIONS
CONTROLLER'S API'ROYAI.
I. This contract shall not he deemed said until it shall have been approved by the Controller of the State of Coloradoor such assistant as he may designate.This
provision is applicable to any contract im olving the payment of money irti the State.
FUND AVAILABILITY
2- Financial ohligmions afthe State pay able alter the currein fiscal year art'contme,1n upon funds for that purpose being appropt tated.budgeted a.al others&he
made as ail able.
BONI) 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 works for this State,the contractor shall,before entering the performance of any such work included in this
contract.duly execute and deliver to arid file with the official whose signature appears below for the State,a good and sufficient bond or of her acceptable surety to tie
approved by said official in a penal sum not less than one-half of the total amount pat able by the terms of this contract. Such bond shall he 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 by such contractor or his subcontractor tn
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 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.
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 act or 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'practices(24-34-402.CRS 1982 Replacement Vol.),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 subcontracts.
i During the performance of this contract.the contractor agrees as follows:
(I 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 m insure that applicants are employed,and that employees arc
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 advertising: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 pro-
vided by the contracting officer sexing forth provisions of this non-discrimination clause,
(21 The contractor will.in all solicitations or advertisements for employees placed by or on behalf of the contractor.state that all qua iified applicants will receive
consideration for employment w'ithcut regard to race, creed, color, national origin. sex, marital status, religion. ancestry, mental or physical handicap. 07
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 understand-
ing.notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's comm:trnent under the Executive
Order, Equal Opportunity and Adlirmati;e Action, dated April 16, 1975. and of the rules, regulations. and relevant Orders of I he Governor.
(41 The contractor and labor unions will furnish all infuriation 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 hooks.records.and accounts by the contracting
agency and the office of Governor or his designee for purposes of in'estigation TO ascertain compliance with such rules. regulations and orders.
(5) ;: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 oreanizaro"n or discriminate against any of its members in the full enjoyment of work opportunity.because of race.creed,color.
_ex. t:a:ional origin, or ancestry.
!6i A labor organization.or the employees or members thereof w ill not aid.abet,incite compel or coerce the doing of any act defined in this contract to he di,-
crimiratory or obstruct or prevent any person from complying with the provisions of thins contractor any order issued thereunder:or attempt either directly or
indirectly. to commit.my act defined in :his contract to he discriminator.
. :-'i1-10„
Revised i;SB pace - _- of 4_ paces
S9C498
Form 6-AC-02C
(7) In the event of the contractor's non compliance with the non-discrimination clauses of this contractor or with any of such ndes,regulations.or orders.this
contract may he cancelled.terminated or suspended in whole or in pan 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 paragraph(I)through(8)in every sub-contract and subcontractor purchase order unless exempted by rules.
regulations.or orders issued pursuant to Executive Order,Equal Opportunity and Af1innative Action of April 16. 1975.so that such provisions will he binding
upon each subcontractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agents 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 8-17-101 & 102,CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereun-
der and are financed in whole or in part by State funds.
b. When 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 m the preference given or required by the state or foreign country in which the non-resident bidder is a resident. If it is deter-
mined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise he a)all-
able or would otherwise be inconsistent with requirements of federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of
the moneys or to eliminate the inconsistency with federal requirements (section 8-19-101 and 102, CRS).
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. 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 violation of such provisions is present.
10. The signatories aver that to their knowledge, no state employee has a 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 Board of Commissioners STATE F COLORADO
: J j7�2 ROY ROMER, GOVERNOR_
C.W. Kirby By ( t I_ �-,t •
Y5 EXECUTIVE DIRECTOR_ 1,
Position (Title) Chairman `f I
84-6000813 I n
Social Seo,my Number or ederal LD. Number DEPARTMENT l �'-
OF Local Affairs
(If Corporation:
Attest (Seal) r4;3
Corporate Secietarg.or[gun t.-To. .C Coumn Clerk
APPROVALS
ATTORNEY GENERAL� CONT .,C7 By
:L1YE
CLIFFORD W. HAIL --
F I;s fPtbme,yConeiar
(aGst�.i i.i Legal Scni cgs
Page 4 ,uheb's the Iasi el 4 pages
395.5;011030 i Re.i,ed I Nat 'Seam somas on raters°side. ,u n •;n ,.0
890498
EXHIBIT A
Scope of Services
890498
Homeless - Weld County
"Revised EXHIBIT A
Dated July 1, 1989
SCOPE OF SERVICES AND PAYMENT SCHEDULE
1. Scope of Services.
The Project consists of the provision of homeless services in accordance with
the intent of the Stewart B. Mckinney Homeless Assistance Act (HAA) of 1987 and
the Community Food and Nutrition (CFN) Program contained in the Human Services
Reauthorization Act of September 30, 1988. The purposes of the HAA funding are
to provide eligib:.e entities services to enable homeless individuals to make
the transition out of poverty; or to provide assistance in obtaining social and
maintenance services and income support services for homeless individuals; or
to promote the private sector and other assistance to homeless individuals.
The Contractor's approved application submitted to the Department of Local
Affairs (DLA) , which solicited competitive proposals for HAA services, conforms
to all three objectives of the Stewart B. Mckinney Homeless Assistance Act as
stated above.
The purposes of the CFN funding are to improve the coordination of existing
private and public assistance resources to better serve low-income communities;
to assist low-income communities to identify potential sponsors of child
nutrition programs and initiate programs in unserved and under-served areas;
and to develop innovative approaches at State and local levels to meet
nutritional needs of low-income individuals. The Contractor's approved
application submitted to DLA conforms to the first and third objectives of the
Human Services Reauthoriztion Act of September 30, 1986. The Contractor has
certified through application, that their activities include outreach and
public education activities designed to inform low-income individuals and
displaced workers of the nutrition services available to them under various
federally assisted programs.
Both of the Contractor's applications (HAA and CFN) are incorporated herein in
their entirety and made a part of this Contract and remain on file with the
DLA.
The Contractor will be responsible for developing written agreements between
its proposed subcontractors and itself. Such agreements will govern the
activities to performed by the subcontractor, standards of performance by the
subcontractor, and a mechanism for paying the subcontractor.
HAA and CFN funds will finance this Project up to a maximum of $11,696. All
costs in excess of $11 ,696 for the Project are the responsibility of the
Contractor.
The Contractor shall submit a final program and a final program report which
shall include, at a minimum, all the program reporting items required by the
State and a final expenditure report for each funding source.
Page 1 of 2 Pages
890498
Homeless - Weld County
2. Time of Performance
The Project will commence upon the execution of the Original Contract and no
CFN funds may be expended until the proper execution of this amendment. The
Project will expire September 30, 1989 except that the Contract may be extended
a maximum of 2 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 wilj, be provided to the Offices of the State Controller and the
State Attorney General.
3. Budget
REVENUE EXPENDITURES
HAA Funds $10,335 Homeless Services $10,335
CFN Funds $ 1 ,361 Nutrition Services $ 136l
TOTAL $11,696 TOTAL $11 ,696
4. Payment Schedule
I . $11,696 Interim payments to be made upon submission of
appropriate documentation which include designated
narrative and financial reports. The Contractor may
request reimbursement every 30 days.
$11,696 Total Project Costs
5. Contract Monttoring
The State will monitor the Project on an as needed basis. Monitoring would be
conducted by the DLA, Financial Assistance Services Section.
6. Reporting Schedule
The Contractor w;.11 submit a single financial and program narrative report
detailing the progress of the Project at the completion of the Project for each
funding source. Interim and final financial reports shall be done in
accordance with the Financial Management Manual, revised February, 1988.
Program reports will be required at the six month and at the conclusion of the
Project. These reports shall describe and evaluate any difficulties
encountered in accomplishing the specifics of the Project and suggest any
improvements."
Page 2 of 2 Pages
d30498
STATE OF COLORADO
DEPARTMENT OF LOCAL AFFAIRS
IODFICE OF THE EXECUTIVE DIRECTOR /.t t - -
1111 Sherman Street. Rm. 518 v ni^
Denver olorado 802.03 zaj6 4'
Phone 1.10.31 866-2771
. August 7. 1.989 Roy Romer
Governor
Timothy W. Schultz
Executive Director
Honorable C. W. Kirby
Chairman, geld County Board of Comm.
915 - 10th St,
Greeley, CC 80632
RE: CSBG ECSH Weld County Contract Amendment -
Dear Chairman Kirby:
Enclosed please find a copy of the fully executed contract
between tra r,,,,,,+y nt' Meld
and the Department of Local Affairs for the above referenced
project
Please work with Bill Verbeten at 866-3573 in Denver for
continuing contract assistance.
Sincerely, /
� Harvey
Financial Assistance ices
enc.
890498
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