HomeMy WebLinkAbout930557.tiff RESOLUTION
RE: APPROVE CONTRACT BETWEEN FAMILY EDUCATIONAL NETWORK OF WELD COUNTY AND
COLORADO DEPARTMENT OF SOCIAL SERVICES, OFFICE OF CHILD CARE SERVICES, 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 has been presented with a contract between Family
Educational Network of Weld County (FENWC) and Colorado Department of Social
Services, Office of Child Care Services, to provide extended care for migrant
children, commencing June 23, 1993 and ending September 30, 1993, with the
further terms and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said
contract, 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 Contract between FENWC and Colorado Department of
Social Services, Office of Child Care Services, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 28th day of June, A.D. , 1993, nunc pro tunc
June 23, 1993. n A
,jq J J��GL���// BOARD OF COUNTY COMMISSIONERS
ATTEST: /b!/ !*�p�,r(, WELD COUNTY, COLORADO
Weld County Clerk to the Board EXCUSED
Constance L. Harbert, Chairman
/ lo BY: � � fil" V 1�'J�.Zfth4
Deputy Clerk to the Boasct W. H Webster, Pro-Tem
APPROVED 7�S TO FORM: X11,
Geor Baxte CCC
unty Attozn y Dale K. Hall
Barbara J. Kirkmey
930557
14koo59 ce k'U , -IA rc
Agency Number
UAA
Contract Routing Number
(C ti -c iu?,
CONTRACT
THIS CONTRACT, made this 23rd day of June, 1993, by and between the State of
Colorado for the use and benefit of the Department of Social Services, Office of Child Care
Services (OCCS), 1575 Sherman Street, Denver, CO 80203-1714, hereinafter referred to as
the State, and the Weld County Board of Commissioners/Department of Human Resources,
P.O. Box 1805, Greeley, Colorado, 80632 hereinafter referred to as the Contractor.
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient unencumbered balance thereof remains available
for payment in Fund Number 100, GBL Account Number f p_; , Encumbrance PO
Number ('c; ; and
WHEREAS, required approval, clearance and coordination has been accomplished from
and with appropriate agencies; and
WHEREAS, the OCCS represents the Department of Social Services which is the Single
Sate Agency for administering the Child Care and Development Block Grant; and,
WHEREAS, the Contractor is willing and able to administer the use and expenditure of
certain funds, as defined herein, for the purposes of the OCCS; and,
WHEREAS, the goal of the Contractor and the OCCS is to assist low-income migrant
families with child care subsidies; and,
WHEREAS, the parties hereto concur that the Contractor is the appropriate party to
disburse certain funds for child care; and,
WHEREAS, the Contractor has been selected in accordance with the requirements of the
Colorado Procurement Code; and,
WHEREAS, as of the date of the execution of this Contract, the Contractor meets all
statutory requirements for entering into this Contract,
NOW THEREFORE, it is hereby agreed that:
1. The Weld County Department of Human Resources shall:
A. Provide child care assistance for low-income, non AFDC families who are
working or in training programs and enrolled in the summer Migrant Head Start Program.
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HXo 9 935O5,4;�
Children must be under thirteen years old, special needs children may receive child care up
to the age of nineteen.
B. Provide child care assistance to families who are not already receiving such
assistance from the Weld County Department of Social Services.
C. Expand the current part time Migrant Head Start child care services to a full
time program. The intent of providing extended child care is for children to remain with
the same child care provider while their parents are working full time.
D. Require parents to pay a five dollar per month parental fee for the child care
services.
E. Operate the program within the express confines of Sate rules and regulations.
F. Submit monthly expenditure and program activity reports to the OCCS no later
than the 15th of each month.
G. Work with the designated coordinator from the OCCS in fulfilling the terms of
this Contract.
II. The OCCS shall:
A. Provide assistance to the Contractor and monitor the contractor's adherence to
the terms of this Contract.
B. Upon receipt of monthly expenditure statement, reimburse the Contract for direct
child care subsidy payments made by the Contractor to eligible child care providers.
III. Contract General Provisions
Term:
The term of this Contract shall be June 23, 1993 through September 30, 1993 unless
terminated earlier under the provision for termination set forth below.
Parties' Relationship:
The parties of this Contract intend that the relationship between them contemplated
by this Contract is that of employer-independent contractor. No employee or agent of
Contractor shall be or shall be deemed to be an employee or agent of the State and shall
have no authorization, express or implied, to bind the State to any agreements, settlements,
liability or understanding except as expressly set forth herein. Contractor will be solely and
entirely responsible for its acts and the acts of its employees, agents, and subcontractors, if
any, during the performance of this Contract. CONTRACTOR SHALL PAY WHEN DUE
ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING
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INCLUDING ALL FEDERAL AND STATE INCOME TAX ON ANY MONEYS PAID
PURSUANT TO THIS CON 1'RACT.
Compliance with Applicable Laws:
The Contractor shall at all times during the execution of this Contract strictly adhere
to all applicable federal and state laws and implementing regulations as they currently exist
and may hereafter be amended. This includes protection of the confidentiality of all
applicant/recipient records, papers, documents, tapes and any other materials that have
been or may hereafter be established which relate to this Contract. The Contractor
acknowledges that the following laws are included:
Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 et. seq. and its
implementing regulation, 45 C.F.R. Part 80 et. seq.;
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its
implementing regulation, 45 C.F.R. Part 84;
the Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. sec. and its
implementing regulation, 45 C.F.R. Part 91;
Title WI of the Civil Rights Act of 1964; and
the Age Discrimination in Employment Act of 1967; and
the Equal Pay Act of 1963; and
- the Education Amendments of 1972,
- Immigration Reform and Control Act of 1986, P.L. 99-603
The Americans with Disabilities Act PL 101-336, July 1990,
and all regulations applicable to these laws prohibiting discrimination because of race, color,
national origin, age, sex, religion and handicap, including Acquired Immune Deficiency
Syndrome (AIDS) or AIDS related conditions, covered under Section 504 of the
Rehabilitation Act of 1973, as amended, cited above. Included is 45 CFR 92.36(e), which
requires that affirmative steps be taken to assure that small and minority businesses are
utilized, when possible, as sources of supplies, equipment, construction and services. This
assurance is given in consideration of and for the purpose of obtaining any and all federal
and/or state financial assistance.
Any person who feels that s/he has been discriminated against has the right to file a
complaint either with the Colorado Department of Social Services or with the U.S.
Department of Health and Human Services, Office for Civil Rights.
Confidentiality of Records:
Contractor shall protect the confidentiality of all applicant/recipient records and
other materials that are maintained in accordance with this Contract. Except for purposes
directly connected with the administration of this Program/Project, no information about
or obtained from any applicant/recipient in possession of Contractor shall be disclosed in
a form identifiable with the applicant/recipient without the prior written consent of the
applicant/recipient or a minor's parent or guardian. Contractor shall have written policies
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governing access to, duplication and dissemination of, all such information. Contractor shall
advise its employees, agents and subcontractors, if any, that they are subject to these
confidentiality requirements. Contractor shall provide its employees, agents and
subcontractors, if any, with a copy or written explanation of these confidentiality
requirements before access to confidential data is permitted.
Conflict of Interest:
a. Definition - Appearance of Conflict of Interest
The term applies to the relationship of a contractor with the state when the
contractor also maintains a relationship with a third party and the two relationships
are in opposition. In order to create the appearance of a conflict of interest, it is not
necessary for the contractor to gain from knowledge of these opposing interests. It
is only necessary that the contractor know that the two relationships are in
opposition.
b. Appearance of Conflict of Interest
During the term of the contract the contractor shall not enter any third party
relationship that gives the appearance of creating a conflict of interest. Upon
learning of an existing appearance of a conflict of interest situation, the contractor
shall submit to the State a full disclosure statement setting forth the details that
create the appearance of a conflict of interest. Failure to promptly submit a
disclosure statement required by this paragraph shall constitute grounds for the
State's termination, for cause, of its contract with the contractor.
Proprietary Information:
a. Definition
Proprietary information for the purposes of this contract is information
relating to a party's research, development, trade secrets, business affairs, internal
operations and management procedures and those of its customers, clients or
affiliates, but does not include information (1) lawfully obtained from third parties,
(2) that which is in the public domain, or (3) that which is developed independently.
b. Neither party shall use or disclose directly or indirectly without prior written
authorization any proprietary information concerning the other party obtained as a
result of this contract. Any proprietary information removed from the State's site by
the Contractor in the course of providing services under this Contract will be
accorded at least the same precautions as are employed by the Contractor for similar
information in the course of its own business.
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Insurance:
The parties acknowledge that the Contractor is self-insured in accordance with the
authorization provided by Section 24-10-115 (2) (a), C.R.S., as amended.
THE CONTRACTOR ACKNOWLEDGES THAT THE CON TRACTOR AND ITS
EMPLOYEES ARE NOT EN I FILED TO UNEMPLOYMENT INSURANCE BENEFITS
UNLESS THE CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE
AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH
COVERAGE.
Licenses/Approvals/Insurance:
Contractor certifies that, at the time of entering into this Contract, it has currently
in effect all necessary licenses, approvals, insurance, etc. required to properly provide the
services and/or supplies covered by this Contract.
Billing/Payment Procedure:
The State shall establish billing procedures and reimburse the Contractor for actual,
reasonable and necessary expenses incurred in providing services pursuant to this Contract,
based on the submission of monthly expenditure statements, on forms prescribed by the
State.
Compensation/Maximum Payable:
Payment pursuant to this Contract will be made as earned, in whole or in part, from
available state funds encumbered in an amount not to exceed $120,000.00 for the purchase
of the within-described services. Payment shall be based on a per child, per month basis as
follows: $43.68 per week for part time care for children under 2 years old; $35.98 per week
for part time care for children over 2 years old. The liability of the State, at any time, for
such payments shall be limited to the unspent amount remaining of such encumbered funds.
Federal Funds Contingency:
Payment pursuant to this Contract, if in federal funds, whether in whole or in part,
is subject to and contingent upon the continuing availability of federal funds for the
purposes hereof. In the event that said funds, or any part thereof, become unavailable as
determined by the State, the State may immediately terminate this Contract or amend it
accordingly.
Records Maintenance:
The contractor shall maintain a complete file of all records, documents,
communications, and other materials which pertain to the operation of the program/project
or the delivery of services under this Contract. Such files shall be sufficient to properly
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reflect all direct and indirect costs of labor, materials, equipment, supplies and services, and
other costs of whatever nature for which a contract payment was made. These records shall
be maintained according to generally accepted accounting principles and shall be easily
separable from other Contractor records.
Records Retention and Availability:
All such records, documents, communications, and other materials shall be the
property of the State and shall be maintained by the Contractor, in a central location and
custodian, in behalf of the State, for a period of three (3) years from the date of final
payment under this Contract, or for such further period as may be necessary to resolve any
matters which may be pending, or until an audit has been completed with the following
qualification: If an audit by or on behalf of the federal and/or state government has begun
but is not completed at the end of the three (3) year period, or if audit findings have not
been resolved after a three (3) year period, the materials shall be retained until the
resolution of the audit findings.
Performance Monitoring:
Contractor shall permit the State and the U.S. Department of Health and Human
Services, and any other duly authorized agent or governmental agency, to monitor all
activities conducted by the Contractor pursuant to the terms of this Contract. As the
monitoring agency may in its sole discretion deem necessary or appropriate,such monitoring
may consist of internal evaluation procedures,examination of program data,special analyses,
on-site checking, formal audit examinations, or any other reasonable procedures. All such
monitoring shall be performed in a manner that will not unduly interfere with contract work.
Audits and Inspections:
The Contractor authorizes the State to perform audits and/or inspections of its
records at any reasonable time during the term of this Contract and for a period of three
(3) years following the date of final payment under this Contract, to assure compliance with
its terms and/or to evaluate the Contractor's performance hereunder.
Single Audit Clause:
All non-profit contractors, cooperating state agencies and county governments
receiving more than $25,000 per fiscal year in federal funds shall comply with the
requirements for audit as established by the U.S. Office of Management and Budget
Circular Number A-128 and A-133 for obtaining financial and compliance audits. The
standards to be followed may also be found in the Standards for Audit of Governmental
Organizations, Programs,Activities and Functions issued by U.S.General Accounting Office,
1988 Revision, or the Guidelines for Audits of Federal Awards to Non-profit Organizations
(April 1989) published by the Department of Health and human Services. For purposes of
state and local governmental agencies, the term independent auditor means a state or local
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government auditor who meets the independence standards specified in Generally Accepted
Auditing Standards; or a public accountant who meets such standards.
Assignment/Delegation/Subcontracting:
This Contract is in the nature of personal services. Except as herein specifically
provided otherwise, the duties and obligations of the Contractor arising hereunder cannot
be assigned, delegated nor subcontracted except with the express prior written consent of
the State. Subcontracts permitted by the State shall be subject to the requirements of this
Contract, and the Contractor is responsible for all subcontracting arrangements and the
delivery of services as set forth in this Contract.
Successors:
Except as herein specifically provided otherwise, this Contract shall inure to the
benefit of and be binding upon the parties hereto and their respective successors and
assigns.
Representatives:
For the purposes of this Contract, the individuals identified below are hereby
designated representatives of the respective parties. Either party may from time to time
designate in writing a new or substitute representative(s):
For the State: For the Contractor:
Grace Hardy Manager Walt Speckman Director
Name Title Name Title
Notice:
All notice required to be given by the parties hereunder shall be given by certified
or registered mail to the individuals at the addresses set forth below. Either party may from
time to time designate in writing a substitute person(s) or address to whom such notices
shall be sent:
To the State: To the Contractor:
Oxana Golden Tere Keller-Amaya
Office of Child Care Services Weld County Department
State Dept of Social Services of Human Resources
1575 Sherman Street P.O. Box 1805
Denver, Colorado 80203 Greeley, Colorado 80632
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Litigation:
The Contractor shall promptly notify the State in the event that the Contractor learns
of any actual litigation in which it is a party defendant in a case which involves services
provided under this Contract. The Contractor, within five (5) calendar days after being
served with a summons, complaint, or other pleading which has been filed in any federal or
state court or administrative agency, shall deliver copies of such document(s) to the State's
Executive Director. The term"litigation" includes an assignment for the benefit of creditors,
and filings in bankruptcy, reorganization and/or foreclosure
Disputes:
Disputes concerning the performance of this Contract which cannot be resolved by
the designated contract representatives shall be referred to a senior departmental
management staff designated by the department and a senior manager designated by the
contractor. Failing resolution at that level, disputes shall be presented to the executive
director and contractor chief executive officer for resolution. Failing resolution, the
contractor may exercise its rights to a due process review by the State Director of
Purchasing pursuant to Section 9-106 of the Colorado Procurement Rules. All lawsuits
initiated by either party against the other must be brought in the City and County of
Denver.
Remedies:
The Executive Director of the State or designee may exercise the following remedial
actions should s/he find the Contractor substantially failed to satisfy the scope of work
found in this Contract. Substantial failure to satisfy the scope of work shall be defined to
mean incorrect or improper activities or inaction by Contractor. These remedial actions are
as follows:
a. Withhold payment to Contractor until the necessary services or corrections in
performance are satisfactorily completed;
b. Request the removal from work on the contract of employee(s) and/or
agent(s) of Contractor whom the Executive Director or designee justifies as
being incompetent, careless, insubordinate, unsuitable, or otherwise
unacceptable, or whose continued employment on the contract s/he deems to
be contrary to the public interest or not in the best interest of the State;
c. Deny payment or recover reimbursement for those services or deliverables
which have not been performed and which due to circumstances caused by
Contractor cannot be performed or if performed would be of no value to the
State. Denial of the amount of payment shall be reasonably related to the
amount of work or deliverable lost to the State;
d. Terminate the Contract for cause without compensation for termination costs.
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If the State terminates the Contract for cause, it will first give written notice
to the Contractor, stating the reasons for cancellation, procedures to correct
problems, if any, and date the Contract will be canceled in the event problems
have not been corrected.
1) In the event this Contract is terminated for cause, the State will only
reimburse the Contractor for acceptable work or deliverables received
to date.
2) In the event this Contract is terminated for cause, final payment to the
Contractor may be withheld at the discretion of the State until
completion of final audit.
e. Incorrect payments to the Contractor due to omission, error, fraud, and/or
defalcation shall be recovered from the Contractor by deduction from
subsequent payments under this Contract or other contracts between the State
and the Contractor, or by the State as a debt due to the State or otherwise as
provided by law.
Termination for Convenience:
Either party shall have the right to terminate this Contract by giving the other party
thirty (30) days prior written notice. If notice is so given, this Contract shall terminate on
the expiration of the thirty (30) days, and the liability of the parties hereunder for further
performance of the terms of this Contract shall thereupon cease, but the parties shall not
be released from the duty to perform their obligations up to the date of termination.
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 invalidity 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 a waiver of any other term, or the same term upon subsequent breach.
Restrictions on Lobbying:
The Contractor certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the
contractor, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Contract, and the
extension, continuation, renewal, amendment, or modification of any contract, grant, loan
or cooperative agreement that utilizes federal funds.
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(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency,
a Member of congress, an officer or employee of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the contractor shall complete and submit
Standard Form - LLL, "Disclosure Form to Report Lobbying", in accordance with its
instructions.
(3) The contractor shall require that the language of this certification be included in the
award documents for subawards at all tiers (including subcontracts, subgrants and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of the certification is a prerequisite
for making or entering into this transaction imposed by section 1352, title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
Debarment Certification:
As required by Executive Order 12549, the Contractor certifies to the best of its
knowledge and belief as follows:
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion---Lower Tier Participant
(1) The prospective lower tier participant certifies, by submission of this contract,
that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an
explanation to this contract.
"Lower Tier Participant"is defined to include the Contractor and its principals, agents
and subcontractors who are obligated to perform services pursuant to the terms of this
contract. Contractor agrees that it will include,without modification, the above Certification
clause in any such subcontract it may enter.
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Integration of Understandings:
This Contract is intended as the complete integration of all understandings between
the parties. No prior or contemporaneous addition, deletion, or other amendment hereto
shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent
novation, renewal, addition, deletion, or other amendment hereto shall have any force or
effect unless embodied in a written contract executed and approved pursuant to the State
Fiscal Rules.
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-� SPECIAL PROVISIONS
•
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until 11 shall have been approved by the Controller of the State a&Coloradonr such assistant as he maydesignate.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 anent 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 ether public works for this State.the contractor shall,before entering the performance of any such work included in this
coatraa,dulyexecute and deliver so and file with theolficial whose signature appears below for the State,a good and sufficient band or aheracoeptablesurety 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 d the contractor or his subooatraaors
Gl soduly pay for any labor,materials.team hire,sustenance.provisions,prove dororothersupplies used or consumed by such contractororhis 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
rateofeght percent per annum_Unless such bond.when so required,is executed,delivered and pled,no claim in favor of the contractor arising under this contract shad 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 inclding costs,expenses,and attorney fees incanted as a result of any act or omission by the contractor,or its em
agars.subcontrr]ors,or assignees prsuant to the temps of this contract..
DISCRIMINATION AND AFFIRMATIVE ACTION '
S. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957.as amended,and other applicable law respecting
'Incrimination 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,theJollowiag provisions shall be contained in all State contract:or sub-contracts
During the performance of this contract the contractor agrees as follows:
(I) The contractor will notdisaintinate against any employee or applicant for e...plw1...hi 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,donor ion or transfer,recruitment or recmisment advertising:layoffs or termitations-,rates of pay or other loans 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 oron 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 hascollective bargaining agreement or other contract or understand-
ing.notice to be provided by the contracting ofcer,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 oldie 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.orpursuant thereto,and will permit access to his books.records,and accounts by the contracting
agency and the cake of the Governor or his designee for purposes of investigation to ascertain compliance w ith such rules.regulations and orders.
(5) A late organization will not exclude any individual otherwise qualified from full membership rights in such labor organization.a expel any such individual
from membership in such labor organization or discnnunate against any of its members in the full enjoyment al work opponunuy.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 tssued 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
rat 40.1!06.6a
Page 12 of 13
,li mt 6-AC-OLL .r.
('fin theevent of the contractor's non-compli.. with the non-discrimination clauses of this contractor or w, .y of such rules,regulationsororders,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(I)through(8)in every subcontract, subcontractor and purchase order,pursuant to Executive 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 order 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 r •
6a,Provisions of 8-17-101& 102,CRS for preference of Colorado labor are applicable to this contract if public works within the State arc undertaken hereunder
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 to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is determined by the
officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of-federal funds which would otherwise be available 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 8-19-102,CRS).
GENERAL •
7.The laws of the State ofColoradoand 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 purpons
• 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
1986 Replacement Vol.,and that nn 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 panics hereto have executed this Contract on the day first above written. 7
Contractor:
STATE OF COLORADO C-
(Full galNa )WELD COUNTY BO RD OF COMMISSIONERS ROYROMER,GOVERN R� p
C C� �`� '� /r&ota��}} By Karen Beye U✓e.,�
CONSTANCE L. HARBERT 06/30/93 •5 FsrnmVEDIRECTOR 1�1
Position(Title) CHAIRMAN prop lr(I
DEPARTMENT
84-6000813 OF Social Services
sod.'Security Numbs-or fedenl I.D.Nut
(If Corporation:)
Attest(S /J / [ '(��/ ��
By /l
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GAL.F A.N RION ��--� APPROVALS
ATTORNEY GEN _ -.HAL
CONTROLLER
By By .
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r CONTROLLER
Czit-r r- W. I,°' 1 l
B Yl In
395-53-01-1030(Revised 5/91) Page 13whim is the tan a 13 Pars
'Ste instructions on reverse side.
•
mmmEMORAnDUn
Vine 7o Constance L. Harbert, Chairperson
Board of County Commissioners Date June 28, 1993
COLORADO From Walter J. Speckman, Executive Director, Human Resources l
Subject. State of Colorado Contract between the Family Educational Network
of Weld County and the Department of Social Services
Enclosed for Board approval is a Contract between the Family Educational Network
of Weld County (FENWC) and the Colorado Department of Social Services.
FENWC agrees to provide three and one-half (3 1/2) hours of extended care for
migrant children.
The Colorado Department of Social Services agrees to reimburse FENWC at the
following rates:
$43.68 per child per week for Infant/Toddler
$35.98 per child per week for Preschool not to exceed $120,000.00.
The term of this Contract is from June 23, 1993 through September 30, 1993.
If you have any questions, please telephone Tere Keller-Amaya at 356-0600.
930557
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