HomeMy WebLinkAbout850094.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN WELD COUNTY,
COLORADO, AND PATIENT ADVOCACY TEAM (PAT) AS A RECIPIENT OF
WELD COUNTY GENERAL FUND MONIES 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, Weld County has received a $50 ,000 grant from the
State Energy Impact Assistance Fund for services to the physically
disabled, and
WHEREAS, a Memorandum of Agreement between Weld County,
Colorado, and Patient Advocacy Team (PAT) as a recipient of Weld
County General Fund monies has been presented to the Board of
County Commissioners of Weld County, Colorado, and
WHEREAS, PAT has been awarded the sum of $50 ,000 from Weld
County General Fund monies, which monies are for the purpose of
providing services to the physical disabled, and
WHEREAS, the term of said Memorandum of Agreement shall be
from December 1 , 1985 , through May 31 , 1986 , a copy of which is
attached hereto and incorporated herein by reference, and
WHEREAS, the Board deems it advisable and in the best
interests of Weld County to approve said Memorandum of Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Memorandum of
Agreement between Weld County, Colorado, and the Patient Advocacy
Team as a recipient of Weld County General Fund monies be , and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Memorandum of Agreement.
:? / / y y . t
/11- !' 850094
Page 2
RE: MEMORANDUM OF AGREEMENT - PATIENT ADVOCACY TEAM
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 2nd day of
December, A.D. , 1985 .
�/� /� +.-7 BOARD OF COUNTY COMMISSIONERS
ATTEST:17n WELD COUNTY, COLORADO
Weld County Jerk and Recorder ne John on, Chairman
and Clerk to the Board ¢-
Bx iCaProTem) 'Gene R. B
Sthputy County Cle
/ EXCUSED
APPROVED AS TO FORM: C.W. Ki
V 4--e- tie Gy L Y
County Attorney
Franc Ya a c •
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into on this, the 2nd xgh
day of December , 1985 , by and between Weld County,
hereinafter referred to as "Weld" and Patient Advocacy Team,
hereinafter referred to as "Contractor" , the parties agree as
follows:
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, has awarded Patient Advocacy Team a sum of $50 ,000.00
of Weld County General Fund monies to provide services to
physically disabled persons and to do certain capital
construction items , and
WHEREAS, the County implements programs and services
throughout Weld County to Weld County residents , and
WHEREAS , the "Contractor" provides services in Weld County
to the citizens of Weld County, and
WHEREAS, the parties hereto are desirous of formalizing an
agreement for the express purpose of providing services to
physically disabled Weld County citizens, and
WHEREAS , to implement these goals , the parties desire to
establish an agreement for the use of Weld County General Fund
monies for the purpose of providing a physically disabled
program, and
WHEREAS, Weld County has received Energy Impact Assistance
Fund grant number 1437 (Exhibit "A") , attached hereto and
incorporated herein by reference, in the amount of $50 ,000 for
services to physically disabled persons.
NOW, THEREFORE, in consideration of the premises stated
herein , the parties hereto agree as follows:
1 . The purpose of this contract is to provide operational
expense for approximately 3 months of the Patient Advocacy Team
(PAT) in order for the PAT to use its own funds for capital
construction items. The capital construction items include but
are not limited to: providing handicapped accessibility, an
alarm system, heating system, electrical and plumbing in Camelot
II, a housing complex for physically disabled persons. The
agreement will require the PAT to provide funds for the capital
construction and repair items necessary for safe, decent living
quarters for the clients of the PAT.
2 . CONTRACT PERIOD will be from December 1 , 1985 through
May 31 , 1986 .
3 . COMPENSATION: "Weld" agrees to pay "Contractor" for
services performed at the rate of $49 ,000 initially as monies
are received from the State per the attached grant (Exhibit
"A") , and $1 ,000 upon completion of the project.
4 . The total amount paid by "Weld" to "Contractor" under
this agreement shall not exceed the sum of $50 ,000 .00 .
5 . "Contractor" assures that as a recipient of General
Fund monies, it is fully aware of the restrictions and
requirements of the regulations and applicable State and local
law provisions.
6 . "Contractor" assures that as a recipient of General
Fund monies , it will spend the funds in accordance with the same
laws and procedures that govern the expenditure of its own
funds.
7 . "Contractor" assures that it will maintain sufficient
records and an accounting system and internal control procedures
adequate to permit the tracing of the funds to a level of
expenditure which clearly demonstrates that the funds were used
in compliance with the regulations of State and local law and
comply with Energy Impact Assistance Fund grant number 1437 .
8 . "Contractor" shall provide a certification of
expenditures monthly to the County.
9 . "Contractor" agrees that it is an independent
Contractor and that its officers, excluding the County
Commissioner Board member, and employees do not become employees
of "Weld" nor are they entitled to any employees ' benefits as
employees of "Weld" as a result of the execution of this
agreement.
10 . "Contractor" shall indemnify "Weld" , its officers and
employees against liability for injury or damage caused by any
negligent act or omission of any of its employees or volunteers
or agents in the performance of this Agreement and shall hold
"Weld" harmless from any loss occasioned as a result of the
performance of this contract by "Contractor" . The "Contractor"
shall provide necessary worker' s compensation insurance at
"Contractor' s" own cost and expense.
11 . "Contractor" may not assign or transfer this
Agreement, any interest therein or claim thereunder without the
prior written approval of "Weld" .
12 . Payment to "Contractor" will be made only upon
presentation of proper claim by "Contractor" subject to the
approval of "Weld" that services have been performed.
13 . "Weld" shall have access to "Contractor' s" financial
records for purposes of audit. Such records shall be complete
and available for audit 90 days after final payment hereunder
and shall be retained and available for audit purposes for two
years after final payment hereunder.
14 . "Weld" may terminate this agreement at any time by
giving "Contractor" a ten-day written notice of such sooner
termination and may be terminated at any time without notice
upon a material breach of the terms of this Agreement by
"Contractor" .
15 . No alteration or variation of the terms of this
Agreement shall be valid unless made in writing and signed by
the parties hereto.
16 . The "Contractor" assures that it will comply with all
Federal and State laws including, but not limited to, Title VI
of the Civil. Rights Act of 1964 , and that no person shall , on
the grounds of race , color, creed, sex or national origin, be
excluded from participation in, or be denied the benefits of, or
otherwise be subjected to discrimination under this Agreement.
17 . "Contractor" agrees to comply with all the terms of
the Energy Impact Assistance Fund grant number 1437 , attached as
Exhibit "A" .
18 . "Contractor" shall provide a progress report monthly
on all capital items and submit copies of all HUD inspections to
the County upon receipt.
19. "Contractor" shall prepare a final progress report as
required by state grant on Exhibit "A" .
20 . In the event of any disallowed costs per the attached
grant, "Contractor" agrees to reimburse County for all
disallowed costs.
IN WITNESS WHEREOF, the parties above named have executed
this Agreement on the 2nd tcc day of December , A.D. , 1985 .
�.-f{- BOARD OF COUNTY COMMISSIONERS
&Wt4t1n, WELD COUNTY, COLORADO
ATTEST: �j
BY•
Weld County lerk and Recorder �Chai an
and Clerk to the Boi� �✓
BY rrnt-tit-I o ; L
eputy County C rk /22
#. ill , i/cPilf2es.froeio.7r."te-,ey
C ntractor J
BY: c) 3',t1 R u k�
•
• • Ern,f•AC•WA DEPARTMENT OR AGENCY MUMMER
3oao0 .70
CONTRACT ROUTING PUMPER
EIAF #1437 Fen - /9 7
gjoS76• ao7
CONTRACT
THIS CONTRACT.wade thl C day of A o - ' 41 19°by and between the
ask of Colorado for the use and benefit of the Department of 'r 4oca1 Affairs
hereinafter refcned to ID the State,and 'a l lei r1 COI into
hereinafter referred to n 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 able for payment in Fund Number
C/L Account Number,CbI 7 7,Contract Encumbrance Numbe 5 c •and
WHEREAS. required approval. clearance and coordination has been accomplished from and with appropriate
agencies;and
WHEREAS, •a the State desires to assist state agencies , school
districts , local governments and political subdivisions 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;
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: Held 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.
3. Responsible Administrator. The performance of the services
required hereunder shall be under the direct supervision of
Don Warden , an 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.
Expenses incurred by the Contractor in association with said Project
prior to execution of this Contract shall r,ot be eligible expendi-
tures. The Contractor agrees that time is of the essence in the
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Page I of pages
9See)nroucrbnsos won oflam►arc) Revised 2/83
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 Fifty Thousand
Dollars (550,000.00 a .
he 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 main-
tain properly segregated books of State funds , matching funds, and
other funds associated with this Project. All receipts and expendi-
tures associated with said Project she ?.1 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 Con-
tract 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 as practi-
cable 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.
whet-er 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 conclu-
sion of the Project , and in addition to any other reports required ,
suDnit a report and auditor ' s statement of the Project account to the
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Page 2 of 7 pages
•
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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 . Chances . 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
•
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Page 3 of 7 pages
have any force or effect , whatsoever, unless embodied in a written
contract amendment incorpuratiny such changes , including any increase
— 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 future interest worth more: than One Thousand 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
birders , contractors , and subcontractors regarding their status as
minority business enterprises and need not conduct an independent
investigation .
Page 5 of 7 pages
SPECIAL PROVISIONS
OOMOROLLER'S APPROVAL
1. this entree shell net be deemed valid until it shall have been pprevad by the Controller of
the State of Colorado or such assistant es he may designate, this provision is applicable to any Con-
tract Involving the Payment of eons" by the State.
ROC AVAILABILITY
2. Financial obligations of the State payable after the current fiscal year ere contingent upon
funds for that purpose being appropriated, budgeted and otherwise wade available.
sae REOuiRENDIT
3. If this contract Involves the payment of wore than $50,000.00 for the construction, erection,
repair, maintenance, or improvements of any eliding, 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 end 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 In a penal sue not less than one-half of the total amount payable by the terms of this contract.
Such bond shell 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
fall 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, 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,
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 lieu of a bond. This provision is in compliance with 38-26-106
CRS, as emended.
DISCRIMINATION AID AFFIRMATIVE ACTION
4. The contractor agrees to comply with the letter end spirit of the Colorado Antidiscrimination
Act of 1957, as vended, and other applicable law respecting discrimination and unfair employment prac-
tices (24-34-402, CRS 1982, Replacement Vol.), and as required by Executive Order, Equal Opportunity and
Affirmative Action, dated April 16, 1975. Pursuant /hereto, 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, racrulimmt 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 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 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 co tractor will send to each labor union or representative of workers with which he has
collective bargalaing 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 and Affirmative Action, dated April 16, 1975, and of the
rules, regulation end ref Orders of the Governor.
(4) The contractor and labor unions will furnish all Information and reports required by Executive
Order, Equal Opportunity end Affirmative Action of April 16, 1975, and by the rules, regulations and
Orders of the Gomrnor, or pursuant thereto, end will permit mess to his books, records, and accounts
by the contractlas agency and the office of the Governor or his designee for purposes of investigation
to ascertain comp)/once 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 Oscriminate against any of its members In the full enjoyment of work opportunity,
because of race, armed, color, sex, national origin, or ancestry.
(6) A labor erganlsatlon, or the employee or members thereof will not aid, abet, Incite, compel
or coerce the dohs 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 at indirectly, to commit any act defined in this contract to be discriminatory,
Pane A of 7 Paces
(7) In the event of the contractor's non-compliance with the non-discrimination Clause of this con-
tract er with any of such rules, regulations, or orders, this contract may be aangelled, terminated or
Suspended In whole or In pert end the Contractor may be declared Ineligible far further State 'entreats
In accordance with procedurea•suthorised In Euaeutive Order, Equal Opportunity and Affirmative Action of
April 16, 1975 and the riles, regulations or orders promulgated In accordance therewith, and such other
sanctions as ay be Imposed end remedies es me/ be Invoked es provided In Executive Order, Equal Opportu-
nity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated In actor-
dente therewith, or as otherwise provided by law,
(6) The contractor will Include the provisions of paragraph (1) through (6) In every sub-contract
and sub-contractor purchese Order unless exempted by rules, regulations, or orders issued pursuant to Ex-
ecutive Order, Equal Opportunity and Affirmetive 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-compliance; provided, however, that In the event the contractor be-
comes 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 a
5. Provisions of 8-17-101 s 102, CRS for preference of Colorado labor are applicable to this con-
tract if public works within the State are undertaken hereunder end ere financed in whole or in pert by
State funds.
6. The laws of the State of Colorado end 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 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.
7. 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 esta-
blished.
B. 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 employee has any personal or beneficial
interest whatsoever in the service or property described herein.
IN WITNESS HEREOF, the parties hereto have executed this Contract on the day first above written.
STATE OF COLORADO
RICHARD
D.LLAIM, �YERNR/7
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(Full Legal Name) Weld County By Morgan Smith
Executive Director
Contractor B 0—c,c� -- DEPARTMENT
I /� /� OF Local Affairs
Position (Title)O aQitnrnn i T' Ou. ( ommd1siune#JJ
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Federal Identification Number
(if Corporation:)
Attet• /j(Sea l) �? ..,.,,l,
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1-, . 4� Q L/ _— n,, 1.l!,f.,. APPROVALS
ti3O \ " ' LER JAMES A. STROUP
ATTORNEY GENERAL
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Pepe 7of 7 Pages
• •
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EXHIBIT A
Scope of Services and Payment Schedule
EIAF #1437 EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
WELD COUNTY
1. Scope of Services
The purpose of this project is to provide operational expense for
approximately 3 months to the Patient Advocacy Team (PAT) in order for
the PAT to use its own funds for capital construction items. The capital
construction items include but are not limited to: providing handicapped
accessibility, an alarm system, heating system, electrical and plumbing
in Camelot II, a housing complex for physically disabled persons.
The Weld County Commissioners agree to facilitate the provision of
services to physically disabled persons in Weld County through an
agreement with the Patient Advocacy Team. The PAT is a private,
non-profit organization providing care and training to the physically
handicapped. The agreement will require the PAT to provide funds for the
capital construction and repair items necessary for safe, decent living
quarters for the clients of the PAT.
The Impact funds will be used to fund administrative, operating, and
maintenance expenses for the Patient Advocacy Team (PAT) in an amount not
to exceed $50,000.
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 laws and
shall be governed by the laws of the State of Colorado notwithstanding
provisions therein to the contrary.
2. Time of Performance
The Project will commence upon execution of this contract.
The contract will expire on May 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.
3. Budget
Revenue Expenditures
Impact Assistance Funds $50,000 Administrative Expense $22,103
Operation and Maintenance
Expense 27,897
Total $50,000 Total $50,000
4. Payment Schedule
A. $49,000 Initial payment to be made within thirty (30) days of the
date of execution of this contract.
B. $ 1 ,000 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.
$50,000 TOTAL
Page 1 of 2 pages
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.
5. Contract Monitoring
The Department of Local Affairs will monitor this project on an as needed
basis.
6. 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.
Page 2 of 2 pages
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