HomeMy WebLinkAbout920080.tiff RESOLUTION
RE: APPROVE FIRST AMENDMENT TO BALLFIELD ENERGY IMPACT GRANT CONTRACT 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, the Board, by Resolution dated July 2, 1991, did approve the
Ballfield Energy Impact Grant, and
WHEREAS, the Board has been presented with the First Amendment to the
Ballfield Energy Impact Grant Contract between the Board of County Commissioners
of Weld County and the Colorado Department of Local Affairs, with the further
terms and conditions being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said
amendment, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the First Amendment to the Ballfield Energy Impact Grant
Contract be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 29th day of January, A.D. , 1992.
BOARD OF COUNTY COMMISSIONERS
ATTEST: a/44
WELD CO TY, COLORADO
Weld County Attyy Clerk/to thhee Board - es-w-r".--g-at
Ge_ ge Kenn y, Chairman
/
BY:
Deputy Clerk to the Constance L. Harbert, ro-Tem
APPR AS TO FORM:
��/ C. W. Kir
County Attorney sro- G L
W. H. We ster
920080
Fr00/Y cc_ % Dg 6 o F 1,ae14 1, HPP$a's
DEPARTMENT OR AGENCY
EIAF - #2469 NAA
CONTRACT ROUTING NUMBER("'
GRANT BUDGET LINE /
63
FIRST AMENDMENT
CONTRACT
THIS CONTRACT, made this,/ç2Zday of alike d - 1992, by and between the State
of Colorado for the use and benefit of the Department of Local¢Sks. 1313 Sherman Street. Denver.
Colorado 80203 hereinafter referred to as the State, and the Board of County Commissioners.
County of Weld. P. O. Box 758, Greeley. Colorado 80632 , hereinafter referred to as the Contractor.
WHEREAS,authority exists in the Law and Funds have been budgeted,gte d,aappropriated and otherwise
made available nd a sufficient unencumbered balance thereof remaai �r{ Jabie for payment in Fund
Number /t Appropriation Code Org. Number Contract Encumbrance
_fa 7 ,
Number C°1JotOS/ ; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the parties hereto have entered into a Contract dated July 2, 1991, with Contract
Routing Number 92-031, and Contract Encumbrance Number C852031, hereinafter called the Original
Contract, for the expenditure of impact Assistance funds to construct recreation improvements including
baseball fields and soccer fields in Greeley; Colorado; and
WHEREAS, the Contractor desires to make adjustments to the Project budget to allow the use of
Impact Assistance funds for the extension of gas and electric utilities to the recreation facility site,
construction of curbs and gutters associated with the parking area, and seeding of the balifields; and
WHEREAS,the State agrees the proposed modifications are in keeping with the purpose and intent
of the Project as described in the Original Contract; and
WHEREAS, no additional cost will accrue to the State as a result of this Contract First Amendment;
NOW THEREFORE it is hereby agreed that:
1. The scope of services, Exhibit A to the Original Contract, be amended In the following manner:
a. The third paragraph in section"1. Scooe of Services" on page 1 of 2 pages be amended
to read as follows:
'Up to $200,000 In Impact Assistance funds may be applied to Project costs
associated with the construction of the bleachers, parking lot, and curbs and
gutters; the Installation of utilities; and the seeding of the ballfleld areas. The
Contractor is responsible for securing funds for the remaining Project elements
and for all Project costs in excess of$200,000."
Page 1 of 4 pages
920093
EIAF - #2469 (FIRST AMENDMENT)
b. Section "3. Budget' on page 2 of 2 pages be amended to read as follows:
'REVENUE EXPENDITURES
Impact Assistance Funds $ 200,000 Bleachers $ 15,362
Contractor Funds 1,135,000 Utilities 37,992
Parking Lot 63,816
Curbs and Gutters 48,462
Seeding 34,368
Baseball/Soccer Field 1,135,000
Construction
TOTAL $1,335,000 TOTAL $1,335,000 '
2. This Contract Amendment shall become effective upon full and proper execution.
3. All provisions of the Original Contract remain in effect except for the specific provisions modified
by this Contract Amendment.
Page 2 of 4 pages
920090
•
Form 6-AC-02B
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.This
provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted and otherwise
made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building,
road,bridge,viaduct,tunnel,excavation or other public 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,provendoror 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 stun 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 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 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 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 understand-
ing,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment 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 dis-
criminatory 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
Revised 1/88 page—3_of pages o.103306a-88
2 ' )90
•
EIAF - #2469 (FIRST AMENDMENT)
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 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 provision d'paragaph(1)through(8)in every sub-contract and subcontractor purchase order unless exempted by rules,
regulations,crorders issued pursuant to agendas Order,Equal Opportunity and Affirmative Action of April 16,1975,so that such provisions will be binding
upon each subcontractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase cider as the contracting agency may
direct,as a means of enforcing such provisions,including sanctions for noncompliance;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 8-17-1018 102,CRS for preference ofColorado 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 fluids.
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 to 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 offederal funds which would otherwise be avail-
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 ofthis 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) BOARD OF COUNTY COMMISSIONERS, STATE OF COLORADO
COUNTY OF WELD, COLORADO ROY ROMER, GOVERNOR
B / B'5 EXECUTIVE DIRECTOR
Position(Tide) CHAIRMAN
FS' - 4000 --8'13
Social Security Number or Federal I.D.Number DEPARTMENT
OF LOCAL AFFAIRS
If Corporation:
( )
Attest(Se /00114
By
Cons, ,or Equivalent,To.n/Ctty Clerk
APPROVALS
♦
ATTORN NE L CONTRO R
By By
ease 4 which is are tam or 4 cow
395-53-01-1030(Revised 1/88) 'See instructions on reverse side. DC.I0.r305eir
920090
STATE OF COLORADO.
DEPARTMENT OF LOCAL AFFAIRS R.;o?:c
OFFICE OF THE EXECUTIVE DIRECTOR
1313 Sherman Street, Rm.518
Denver,Colorado 80203 \ *187 •;
Phone(303) 866-2771
Roy Romer
Governor
/�- /l, /l�Qra, Timothy W. Schultz
U/ i� / L / Executive Director
17,,thea3,42:4,2Stenn
See
76
A 4-et -6 3;*
Re: EIAFF��t41-2 V /
Dear er-r~le a'i
Enclosed is your copy of the executed Impact Assistance contract
amendment referenced above.
Please work with -n-71 Sa--/c-g(2021-0P C' 2 9-446-6
for continuing contract assistance. Thank you.
Sincerely,
XeowittoL
ary Corni
Afise of flu evelepFF t
9200g0
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