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HomeMy WebLinkAbout850119.tiff RESOLUTION RE: APPROVE AMENDED CONTRACT BETWEEN STATE DEPARTMENT OF LOCAL AFFAIRS AND WELD COUNTY AND AUTHORIZE 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, on the 25th day of April, 1984 , the Board approved a Contract between the State Department of Local Affairs and Weld County concerning computerizing the property assessment process, and WHEREAS, the Board has now been presented an Amended Contract for the purpose of computerizing the Weld County Assessor' s Office, and WHEREAS, after review, the Board deems it advisable to approve said Amended Contract, a copy being attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Amended Contract between the State Department of Local Affairs and Weld County be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is , authorized to sign said Amended Contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of July, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST: // ^5 WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Ja q eline Johnson, Chairman BY: iaI LL Gene R. Brantner, Pro-Tem Deputy County Clerk APPROVED AS TO FORM: C.W. Kirb EXCUSED DATE OF SIGNING (AYE) CTheVit, ,c2-71,Ge•-€2 Gordo E. a y County Attorney kardael Fra k Yama chi L.C ?! . , 850119 Farm 6-AC-02A UEPAR1ENT OR AAGCENCY NUMBER - V v� CONTRACT ROUTING NUMBER S7(O— O c A.-- Amendment CONTRACT ld G "J J Amendment THIS/CONTRACT, made this 30th day of August, 1985,• by and between the State of Colorado for the use and benefit of the Department of 't LOCAL AFFAIRS hereinafter referred to as the State, and '2 the County Board of Commissioners of Weld County hereinafter referred to as the contractor, ' WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains a N II ble fur payment in Fund Number 1001 , G/L Account Number 54167 , Contract Encumbrance Number'-aS1; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, 'a The parties heretofore entered into a Contract dated April 23, 1984 with contract routing number 84-672 and contract encumbrance number C854329 , herein after called the Original Contract, for the purpose of computerizing the WELD County assessor's office, as required by 39-2-109 and 29-1-301, C.R.S. and; WHEREAS, The State and the Contractor are in agreement that continued support of the Project, as defined by the Original Contract, is critical to the Contractor; NOW THEREFORE, it is hereby agreed that the Original Contract be and is amended as follows: Exhibits E and F of this Amendment are incorporated herein and made part of this Amendment by this reference. 2. Paragraph 2. of the Original Contract and Exhibit B of the Original Contract be supplemented to reflect any change of vendor indicated in line 2 of Exhibit E of this Amendment, 3. Paragraph 4. of the Original Contract and Exhibit A of the Original Contract be amended to reflect any change of time of performance as indicated in line 3 of Exhibit E of this Amendment. 395530'-1014 Page .1 of a pages '1 See instructions on reverse or last page.) 4. Paragraph 5. of the Original Contract be supplemented by adding the following paragraph 5.2: "5.2 Compensation and Method of Payment. The State agrees to pay the Contractor, in consideration for the work and services to be performed, a total amount not to exceed the amount shown on line 4 of Exhibit E of this Amendment to the Original Contract during State Fiscal Year ending June 30, 1986. The time of payments to be ninety (90) percent of the dollar amount within thirty (30) days of proper execution of this Amendment to the Original Contract, and the remaining ten (10) percent of the dollar amount within thirty (30) days of receipt by the State of a paid vendor invoice and/or other documentation required by the State itemizing work performed, services rendered and respective costs. Notwithstanding anything in this Contract to the contrary, in no case shall total State payments under this Contract exceed $7,500 during the State Fiscal Year ending June 30, 1986, excluding amounts retained until completion of the terms and conditions of the Original Contract as amended." 5. The Original Contract be supplemented by adding the following paragraph 18: " 18. Indemnification. Contractor, in consideration for State's promises herein set forth, promises to indemnify, save and hold harmless 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 violation of any statute, ordinance or regulation, and the defense of any such claims or actions. " 6. The effective date of this Amendment is September 15, 1985. 7. All provisions of the Original Contract remain in full force and effect except for the specific provisions modified by this and other Contract Amendments. (2.2) 3 Page 2 of 4 pages Forin 6-AC-02B SPECIAL PROVISIONS CONTROLLER'S APPROVAL This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,main- tenance,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 and file with the official whose signature appears below for the State,a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract.Such bond shall be duly executed by a qualified corporate surety,conditioned 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 in perfor- mance 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. MINIMUM WAGE 4. Except as otherwise provided by law,if this contrac excess of one hundred fifty thousand dollars and requires or involves r mechani 1e construction,alteration or repair of any building or other public works (except highways,highway bridge erpass 7 way structures of all kinds or contracts for any purpose to which the state department of hi' ys or the chief engineer is a party e eographical limits of the State,the rate of wages for all laborers an chanics employed by the contractor or any subcontracto uilding or other public works covered under tl ntract shall not be less than the prevailing rate of wages for work of a similar na he county,city and count , r municipality of the State in which the building or other public works is located.The prevailing rate of wages and resolution of any disputes resulting therefrom shall be as prescribed by 8-16-101 CRS, as amended. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-402, CRS 1982 Replacement Vol.),and as 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 sub-contracts. During the performance of this contract, the contractor agrees as follows: (I) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion,ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not he limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertisings;lay-offs or terminations;rates of pay or other forms of compensation;and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion,ancestry,mental or physical handicap, or age. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's committment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books,records,and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity,because of race,creed, color, sex,national origin, or ancestry. (6) A labor organization, or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder;or attempt,either directly or indirectly, to commit any act defined in this contract to be discriminatory. 395-53-01-1022 page_3 of 1+ pages Form 6-AC-02C (7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,regulations,or orders,this contract may be cancelled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures,authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules,regulations,or orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (8) The contractor will include the provisions of paragraph (1) through (8) in every sub-contract and sub- contractor purchase order unless exempted by rules, regulations,or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16,1975,so that such provisions will be binding upon each sub- contractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non- compliance;provided,however,that in the event the contractor becomes involved in,or is threatened with,litiga- tion with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6. Provisions of 8-17-101,& 102,CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpreta- tion, 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. 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. 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 WHEREOF, the parties hereto have executed this Contract on the day first above written. STATE OF COLORADO RICHARD D. LAMM, GOVERNOR Board of County Commissioners / - (Full Legal NamggqJJJ f Weld County By ))) �'', �� ✓ty'_'� A �/J 1,�2 3,r, •5 EX UTIVE DIRECTOR. P A4.— Contractor By- /// f(� �/t)/Q7/Y! /{`- Pro tern Position (Title) DE ENT Social Security Number or Federal I.D. Number (If Corporation:) .{ Attest: (Seal) By Deputy .Tounty C kAPPROVALS ATTORNEY GENE:` ^t� fir'A13E5 CONTR R 7I By By OU t szistz+rit .torn•y"ane ra1 e :n al Legal SOIVIce:a 77 6}7.‘ 395-53-01-1030(Rev 8/84) Page ___... which is the last of .—L_. pages 'See instructions on reverse side. *INSTRUCTIONS (I) Insert official Department designation,e.g.,Administration,Local Affairs,etc.as appropriate. (2) Set forth company(ies)or individual(s)name(s)and address(es). (3) Insert a brief statement indicating reason for contract, e. g., "The contractor having special knowledge, expertise and skill in diagnosing and testing diseases affecting cattle; and." Use as many "Whereas's" as required. If additional space is required continue to above words "NOW, THEREFORE;" and state "continued on page 2". On page 2, state "Whereas continued from page 1" if required. (4) Specify clearly the goods or services contracted for,the consideration moving from one party to the other, the time within which the contract is to be executed,limitations on assignments,if any,and special provisions desired, or required.Seek legal assistance when in doubt.Separate each principal item and number consecutively using as many pages as necessary. (5) If a delegee signs for the Executive Director place the words"FOR THE"before the word"EXECUTIVE" Autographic, as distinguished from stamped, signatures should, as a minimum,be affixed to the original,which will be filed by the Division of Accounts and Control,and two counterparts,one of which shall be transmitted to the contractor. If there is more than one contractor a copy so signed will be sent to each, thus requiring additional autographic signatures. Weld County Exhibit E Fiscal Year 1985-1986 CAAP Contract Amendment Worksheet 1. Were the computerized administrative, personal property and residential appraisal systems in your office complete on June 30, 1985? (Gir�t Yc 2. Have you changed data processing system vendors since June 30, 1985 or do you contemplate such a change? (Girt�� Y @ If yes , briefly describe from whom, to whom and why: 3. When do you expect to have all systems , software or enhancements covered by the CAAP grants completely operational? 12.11dA(Date) Add three months to that date to determine time of performance: + 3 Months 3� ho (Date) 4. Attach Exhibit F, Grant Award Worksheet , and enter whichever is less, $7,500 or the amount of line 9 of Exhibit F for your FY 1985-1986 award: S7•S-00 UU SG:mrb Adm.#21 111985 Weld County Exhibit F Fiscal Year 1985-1986 Grant Award Worksheet 1. Previously Reported Total System Expense $ L-t ��) S9i 2. Less Recurring Costs - / 3. Subtotal $ 4. Total Grants $ 1 -2,11�9D x 2 s Grant • $ Program a4� S•�D $ - Z` 1S2b 5. Remaining Allowable 2 Expenses $ LS-Lt 6. Additional Non-Recurring Expense Items (not previously reported) Date Item Operational Cost a. $ b. k Iti k1 A- d. e. 7. Total $ -,- 2 $ 6 $ + fl 8. Additional Allowable —9. Total Allowable Expenses $ l2.7q , (If line 9 is greater than or equal to $7,500, then $7,500 should be used to complete Exhibit E number 4, otherwise use the indicated dollar amount on line 9.) to CT 1 01985 Ov�C�ot° a� Colorado De artment of Local Affairs H 90 P * * DIVISION OF PROPERTY TAXATION -1(" l * Mary Anne Maurer /876 4. Property Tax Administrator Richard D. Lamm Governor October 8, 1985 Mr. Herbert H. Hansen Weld County Assessor 915 10th St. Greeley, CO 80631 Dear Mr. Hansen: Enclosed you will find an executed copy of the County Assessment Automation Program contract amendment for Fiscal Year 1985-1986. Please review the contract amendment and then forward it to your commissioners. A warrant for the contract amendment dollar amount, less any retained monies, will be forthcoming. The warrant will be delivered to your commissioners. Within the next few months you will be contacted and asked to assist the State in evaluating the grant program. Congratulations on your continued progress in computerizing your office. Sincerely, a n/L41/1401 Mary AnnjkLAA Maurer Property Tax Administrator MAM:nm Adm21 letter (CAAP)1 ea 1313 Sherman Street, 623 Centennial Building, Denver, Colorado 80203 (303) 866-2371 Hello