HomeMy WebLinkAbout930564.tiff RESOLUTION
RE: APPROVE 1993 COMMUNITY SERVICES BLOCK 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 has been presented with a 1993 Community Services Block
Grant Contract between the Colorado Department of Local Affairs and the Weld
County Housing Authority, with the 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, ex-officio Housing Authority Board, that the 1993 Community
Services Block Grant Contract between the Colorado Department of Local Affairs
and the Weld County Housing Authority 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.
BOARD OF COUNTY COMMISSIONERS
ATTEST: /0f /// / WELD COUNTY, COLORADO
77
Weld County Clerk to the Board EXCUSED
Constance
/LL... Harbert, /Chairman
BY: �1 /v 4 .rte �/1 / L� ��/2 't ft
Deputy Clerk to the Bo?i.d W. H. Webster, Pro-Tem
APPRO S TO FORM: L
/PG�ge Baxter
ounty Attorney Dale K. Hall y�
Barbara J.
..i
. Kirkmey r
930564
HAOora-
•
Department or Agency Number
NR /�
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R ( ^ ,1/t= � Contract Routing Number
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CSBG/HOMELESS/CFN 199? „El 16 :71 2: 32
CONTRACT
THIS CONTRACT, made this 1st day of July , 1993 by and between the State of Colorado for the use and
benefit of the Department of Local Affairs. 1313 Sherman Street. Denver. Colorado 80203 hereinafter referred to as
the State. and Weld County Board of County Commissioners. 915 10th Street. Greeley. CO 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 ,
Orrlanization Number vacs , Appropriation Codes tin 1114 , Contract Encumbrance Number
CSS4t 11 GEL Number3HD4 , and
WHEREAS.required approval,clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS. the United States Government, through the Stewart B. McKinney Homeless Assistance Act of
1987 ("the Act"), Pub. L. No. 100-77 (as amended), has established an Emergency Community Services Homeless
Grant Program (ECSH) Subtitle D to provide through eligible entities services to homeless individuals: 1) to provide
follow-up and long-term services to enable homeless individuals to make the transition out of poverty; 2) to provide
funds to renovate buildings to be used to provide such services provided all procedures required under the National
Historic Preservation Act are followed; 3) to provide assistance in obtaining social and maintenance services and
income support services for homeless individuals; 4) to promote the private sector and other assistance providers
to provide services to homeless individuals: or 5) to provide services for the prevention of homelessness; and 6) to
provide violence counseling for homeless children and individuals and to provide violence counseling training to
individuals who work with homeless children and individuals.
WHEREAS. the State of Colorado annually distributes Community Services Block Grant (CSBG) funds
received from the Department of Health and Human Services (HHS) to eligible entities. These are the eligible entities
funded when the State applied for and received a waiver from the Secretary of HHS. under Pub. L. No. 98-139, and
who has made a grant under CSBG Act (42 U.S.C. 9901 et seq.) for fiscal year 1984: and
WHEREAS. the State of Colorado has received its 1993 Act funding under Appropriation # 7531504 , funds
awarded to states are governed by the provisions of 31 USC 6503(a) and 45 CFR Subpart B. Section 96.12: and
WHEREAS. the Act requires the State to award grants to those eligible entities consistent with the waiver
received under the CSBG program; and
WHEREAS.the State has received Community Food and Nutrition(CFN) Program funds under the provisions
of Section 681A(bi(1) of the Community Services Block Grant Act as amended by Public Law 99-425 of the Human
Services Reauthorization Act,dated September 30, 1986, under Grant Number G93B3COCOSR. the Fiscal Year 1993
Appropriations Bill: and
WHEREAS. the Department has received applications from eligible entities for allocations from the ECSH
and CFN funds available to the State: and
WHEREAS. the Contractor is one of the eligible entities to receive ECSH and CFN I funds: and
WHEREAS. the Contractor is capable and desires to perform the services contained in its approved project
plan:
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/4400u-.) Q30,5"&4/
NOW THEREFORE it is hereby agreed that:
1. Scone 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, which is attached hereto and incorporated
herein by reference. hereinafter referred to as the "Project." Work performed prior to the execution of this Contract
shall not be considered part of this Project.
2. Responsible Administrator. The performance of the services required hereunder shall be under the direct
supervision of Judy Griego, 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. All services contained in the approved "Project"will
be performed by the Contractor or under its supervision. All agencies engaged in the Project shall meet the approval
of the State. None of the work or services contained in the approved Project shall be subcontracted without the
prior approval of the State.
3. Time of Performance. This Contract shall become effective upon proper execution of this Contract as
set forth in Exhibit A. 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 attached Scope of Services.
The Contractor agrees that time is of the essence in the 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 Scope of Services.
4. Definition of Client Eligibility. A homeless individual is eligible for assistance under ECSH and CFN if
his/her income is at or below the poverty line established annually in the HHS's Poverty Income Guidelines which
are set forth in this paragraph or subsequently promulgated by the State in an amendment letter.
Size of Family Unit Poverty Guideline
1 S 8.513
2 11.488
3 14,463
4 17.438
5 20.413
6 23.388
7 26.363
8 29,338
'For family units with more than 8 members, add $2,975 for each additional member.
5. Definition of Homeless Individuals. For the purposes of funding under the ECSH and CFN. the term
"homeless" or "homeless individual" includes:
a. An individual who lacks a fixed, regular. and adequate nighttime residence: and.
b. An individual who has a primary residence that is --
(1) a supervised publicly or privately operated shelter designed to provide temporary living
accommodations (including welfare hotels. congregate shelters. and transitional housing for the
mentally ill); or
(2) an institution that provides a temporary residence for individuals intended to be institutionalized:
or
(3) a public or private place not designed for.. or ordinarily used as. a regular sleeping
accommodation for human beings.
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6. Comnensation and Method of Payment. The State agrees to pay to „,a Contractor, in consideration for
the work and services to be performed. a total amount not to exceed Thirteen Thousand Two Hundred Seventy
Seven & No/100 Dollars ($13.277.00). The method and time of payment shall be made in accordance with the
"Payment Method" set forth herein.
7. Financial Management. At all times from the effective date of this Contract until completion of this
Contract. the Contractor shall comply with the administrative requirements. cost principles and other requirements
set forth in the Financial Management Manual adopted by the State. The required annual audit of all funds expended
under the ECSH and CFN must conform to the Single Audit Act of 1984 and OMB Circular A-128.
8. Payment Method. Unless otherwise provided in the Scope of Services:
a) the Contractor shall periodically initiate all drawdown requests by submitting to the Department a written
request using the State-provided form, for reimbursement of actual and proper expenditures of ECSH and CFN funds
pius an estimation of funds needed for a reasonable length of time.
•
b) The State may withhold any payment if the Contractor has failed to comply with the Financial
Management Requirements, program objectives, contractual terms, or reporting requirements.
c) The State may withhold payment of the final five (5) percent of the total contract amount until the
Contractor has submitted and the Department has accepted all required quarterly Financial Status Report and
Performance Report information.
9. Personnel. The Contractor represents that he has. or will secure at his own expense. unless otherwise
stated in the Scope of Services, 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 and no such personnel are eligible for employee benefits.
unemployment compensation or any other benefits accorded to State employees and Contractor agrees to indemnify
the State for any costs for which the State may be found liable in these-regards. Contractor shall pay when due all
required employment taxes and income tax withholding. 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 perform such services.
The Contractor is responsible for providing Workmen's Compensation Coverage for all of its employees to the extent
required by law. and for providing such coverage or requiring its subcontractors to provide such coverage for the
subcontractor's employees. In no case is the State responsible for providing Workmen's Compensation Coverage
for any employees or subcontractors of the Contractor pursuant to this Agreement. and Contractor agrees to
indemnify the State for any costs for which the State may be found liable in this regard.
10. Contract Suspension. If the Contractor fails to comply with any contractual provision. the State may,
after notice to the Contractor, suspend the contract and withhold further payments or prohibit the Contractor from
incurring additional obligations of contractual funds. pending corrective action by the Contractor or a decision to
terminate in accordance with provisions herein. The State may determine to allow such necessary and proper costs
which the Contractor could not reasonably avoid during the period of suspension provided such costs were
necessary and reasonable for the conduct of the project.
11. Contract Termination. This contract may be terminated as follows:
a) Termination Due to Loss of Funding. The parties hereto expressly recognize that the Contractor is to
he paid. reimbursed. or otherwise compensated with federal ECSH and CFN funds provided to the State for the
purpose of contracting 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 or amend this Contract.
Page 3 of 9 P:igus
b) Termination for Cause. ,r, through any cause, the Contractor shah _II 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. If the contract is terminated by the State as provided herein, the
Contractor will be reimbursed an amount equal to the actual expenses incurred as of the date of termination.
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.
c) Termination for Convenience. The State may terminate this Contract at any time the State determines
that the purposes of the distribution of ECSH and CFN 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. 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: Provided, 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 attributable to the uncompleted portion of the services covered by this
Contract. If this Contract is terminated due to the fault of the Contractor, Paragraph 11b hereof relative to
termination shall apply.
12. Modification and Amendment.
a) Modification by Operation of Law. This Contract is subject to such modifications as may be required by
changes in federal or state law or regulations. Any such required modification shall be incorporated into and be part
of this Contract as if fully set forth herein.
b) Proarammatic or Budgetary Modifications. Contractor shall follow the revision procedures set forth in
the Financial Management Requirements if programmatic or budgetary modifications are desired:
i) The contractor must submit a written request to the Department and obtain prior written
approval from the Department under the following circumstances:
a. unless otherwise specified in the Scope of Services. when cumulative budgetary
changes exceed five (5) percent of the total contract amount or Five Thousand
Dollars ($5,000). whichever is less:
b. when any budget transfers to or between budgeted categories are proposed:
c. when the scope. objective or completion date of the Project changes;
d. when less State funding is needed:
e. when revisions pertain to the addition of items requiring approval in accordance
with the provisions of the subsection of the Financial Management Requirements
entitled "Cost Principles."
ii) Under the following circumstances and in addition to the foregoing procedure. prior
approval for changes must be authorized by the State in an amendment to this contract
properly executed and approved in accordance with applicable law: •
Page 4 of 0 Pages
a. when cumulative budgetary changes exceed ten (10) percent of the total contract
amount or Ten Thousand Dollars (510,000), whichever is greater:
b. when the scope. objective or completion date of the Project changes substantially,
as determined by the Department; and
c. when any additional State funding is needed.
Under such circumstances, the Department's approval is not binding until memorialized in
the contract amendment.
c) Other Modifications. If either the State or the Contractor desires to modify the terms of this Contract
other than as set forth in subparagraphs a and b above, written notice of the proposed modification shall be given
to the other party. No such modification shall take effect unless agreed to in writing by both parties in an
amendment to this Contract properly executed and approved in accordance with applicable law.
13. Integration. This Contract as written, with attachments and references, is intended as the complete
integration of all understanding between the parties at this time and no prior or contemporaneous addition, deletion
or amendment hereto shall have any force or effect whatsoever, unless embodied in a written authorization or
contract amendment incorporating such changes. executed and approved pursuant to applicable law.
14. Reports.
a) Financial Reports. The Contractor shall submit to the Department three (3) copies of quarterly financial
status reports in the manner and method set forth in the Financial Management Requirements.
b) Performance Reports. The Contractor shall submit to the Department one (1) copy of quarterly
performance report and of a project completion report for ECSH and one (1) copy of project completion report for
CFN in a manner and method prescribed by the Department.
15. Conflict of Interest.
a) In the Case of Procurement. In the procurement of supplies. equipment. and services by the
Contractor and its subcontractors, no employee. officer or agent of the Contractor or its subcontractors shall
participate in the selection or in the award or administration of a contract if a conflict of interest. real or apparent.
would be involved. Such a conflict would arise when the employee. officer or agent: any member of his immediate
family; his partner: or an organization which employs, or is about to employ, any of the above, has a financial or
other interest in the party or firm selected for award. Officers. employees or agents of the Contractor and its
subcontractors shall neither'solicit nor accept gratuities. favors or anything of monetary value from parties or
potential parties to contracts. Unsolicited items provided as gifts are not prohibited if the intrinsic value of such items
is nominal.
b) In all Cases Other Than Procurement. In all cases other than procurement (including the provision
of housing rehabiiitation assistance to individuals. the provision of assistance to businesses. and the acquisition and
disposition of real property), no persons described in subparagraph i) below who exercise or have exercised any
functions or responsibilities with respect to ECSH activities or who are in a position to participate in a decision
making process or gain inside information with regard to such activities. may obtain a personal or financial interest
or benefit from the activity, or have an interest in any contract. subcontract or agreement with respect thereto. or
the proceeds thereunder, either for themselves or those with whom they have family or business ties. during their
tenure or for one year thereafter.
i) Persons Covered. The conflict of interest provisions of this paragraph b) apply to any
person who is an employee, agent. consultant. officer. or elected official or appointed
official of the Contractor or of any designated public agencies or subcontractors receiving
ECSH funds.
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ii) Threshold hequirements for Exceptions. Upon the written request of the Contractor, the
State may grant an exception to the provisions of this subparagraph b) when it determines
that such an exception will serve to further the purposes of the ECSH program and the
effective and efficient administration of the Contractor's Project. An exception may be
considered only after the Contractor has provided the following:
a. A disclosure of the nature of the conflict, accompanied by an assurance that:
there has been or will be a public disclosure of the conflict and a
description of how the public disclosure was or will be made; and
the affected person has withdrawn from his or her functions or
responsibilities, or the decision making process with respect to the specific
Project assisted activity in question; and
b. An opinion of the Contractor's attorney that the interest for which the exception is
sought would not violate State or local law; and
c. A written statement signed by the chief elected official of the Contractor holding the
State harmless from all liability in connection with any exception which may be
granted by the State to the provisions of this subparagraph b);
iii) Factors to be Considered for Exceptions. In determining whether to grant a requested
exception after the Contractor has satisfactorily met the requirements of subparagraph ii)
above, the State shall consider the cumulative effect of the following factors. where
applicable:
a. Whether the exception would provide a significant cost benefit or an essential
degree of expertise to the Project which would otherwise not be available:
b. Whether an opportunity was provided for open competitive bidding or negotiation;
c. Whether the person affected is a member of a group or class of persons intended
to be beneficiaries of the ECSH assisted activity. and the exception will permit such
person to receive generally the same benefits as are being made available or
provided to the group or class:
d. Whether the interest or benefit was present before the affected person was in a
position as described in this subparagraph b):
e. Whether undue hardship will result either to the Contractor or the person affected
when weighed against the public interest served by avoiding the prohibited conflict:
and
f. Any other relevant considerations.
76. Compliance with Applicable Laws. At all times during the performance of this Contract. the Contractor
and any subcontractors shall strictly adhere to all applicable federal and State laws. orders. and all applicable
standards. regulations. interpretations or guidelines issued pursuant thereto.
Page 6 of 9 Pages
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17. Nondiscrimination Provisions. In accordance with Sec. 677 of the Act, no person shall on the
grounds of race, color, national origin, or sex be excluded from participation or be denied the benefits of, or be
subjected to discrimination under, any program or activity funded in whole or in part with funds made available under
Sec. 677. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or
with regard to otherwise qualified handicapped individuals as provided in Sec. 504 of the Rehabilitation Act of 1973
shall also apply to any such program or activity. Violations shall be subject to the penalties set forth in subsection
(b) and (c) of Sect. 677 and the Contractor agrees to indemnify and hold the State harmless from any claims or
demands which may arise under this provision.
18. Monitoring and Evaluation. The Department of Local Affairs will monitor and evaluate the Contract
with the Contractor under the ECSH program. The Contract will be monitored for compliance with the rules,
regulations, requirements and guidelines which the State has promulgated or may promulgate and will be monitored
periodically during the operation of the project and upon its completion.
19. 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 waiver of any other term.
20. 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.
21. Subletting, Assignment or Transfer. Neither party nor any subcontractors hereto may sublet, sell.
transfer, assign or otherwise dispose of this Contract or any portion thereof, or of its rights, title. interest or duties
therein, without the prior written consent of the other party. No subcontract or transfer of Contract shall in any case
release the Contractor of liability under this Contract.
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22. Aoplicant Statement of Assurances and Certifications. The Contractor has previously signed an
Applicant "ECSH RESOLUTION & CERTIFICATION" which is hereby incorporated and made a part of this contract
by reference.
23. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary. the parties
understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which
may require continued performance or compliance beyond the termination date of the contract shail survive such
termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or
comply by the Contractor or its subcontractors.
24. Federal Investigations. The Contractor agrees that the Controller General of the United States of
America or its authorized representative may at any time during the terms of this contract and for a period of five
(5) years after the final payment hereunder, undertake and conduct an investigation of the uses of the funds received
to ensure compliance with the provisions of the Act. The Contractor shall make available appropriate books.
documents. papers. and records for inspection, examination, copying, or mechanical reproduction on or off the
premises upon a reasonable request thereof. The Contractor agrees to permit and cooperate with any Federal
Investigation.
County
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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,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 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
1: 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;layoffs 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 contractor any order issued thereunder,or attempt either directly or
indirecdy, to commit any act defined in this contract to be discriminatory.
395-53-01-1022
Revised 1/88 page of-9-pages oc io't3Oe..as
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 provisions of paragraph(I)through(8)in every sub-contract and subcontractor purchase order unless exempted by rules.
regulations.or orders issued pursuant to Executive Order.Equal Opportunity and 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 non-compliance:provided-however,that in the event the contractor becomes involved
in.or is threatened with,litigation with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State
of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of 8-17-101&102.CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereun-
der and are financed in whole or in part by State funds.
b. When construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder
from a state or foreign country equal 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 of federal 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 orotherwise.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 pertbnnance 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 18-8-30I.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 [heir knowledge, no state employee has a personal or beneficial interest whatsoever in the service or property
described herein:
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
Contractor,
(Full Legal Name) Weld County STATE OF COLORADO
Board of County Commissioners ROY ROMER, GOVERNOR
�J Aj' `; fp) 2AC rotem By
By t rotem O%oJQ3 •5 EXECUTIVE DIRECTOR
Position(Tide) alrmS3
`J (&MOPj3 DEPARTMENT
OF
Social ty Nlmiber or F I.D. N r Local Affairs
(If Corporation:)Attest �!' ��+��
Attest (Seal) /" r`'�/••le
•
By
Corporate Secretary.or Equivalent.TowniCiry/Cw • eel
•
APPROVALS
ATTORNEY GENERAL CONTROLLER
By By
•
Page 9w hich is the last of 9 Pages
39$-53-0t-10301 Finned 1/881 'See msuumom on reverse sbe. DC-la.IJOA-ta
•
Weld County
EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCHEDULE
1. Scope of Services
The Project consists of the provision of homeless services in accordance with the intent of the Stewart B.
McKinney Homeless Assistance Act (HAA) of 1987 and the Community Food and Nutrition (CFN) Program
contained in the Human Services Reauthorization Act of September 30, 1989. The purposes of HAA funding
are: 1) to provide eligible entities services to enable homeless individuals to make the transition out of
poverty; or, 2) to provide funds to renovate buildings to be used to provide such services provided all
procedures required under the National Historic Preservation Act are followed; 3) to provide assistance in
obtaining social and maintenance services and income support services for homeless individuals: 4) to
promote the private sector and other assistance providers to provide services to homeless individuals: or
5) to provide services for the prevention of homelessness: and 6) to provide violence counseling for
homeless children and individuals and to provide violence counseling training to individuals who work with
homeless children and individuals. The Contractor's approved application submitted to the Department of
Local Affairs (DLA) conforms to all three objectives of the Stewart B. McKinney Homeless Assistance Act
as stated above.
The purposes of the CFN funding are to improve the coordination of existing private and public assistance
resources to better serve low-income communities: to assist low-income communities identify potential
sponsors of child nutrition programs and initiate programs in unserved and under-served areas: and to
develop innovative approaches at the State and local levels to meet nutritional needs of low-income
individuals. The Contractor's approved application submitted to DLA conforms to the first objective of the
Human Services Reauthorization Act of September 30. 1986. The Contractor has certified through
application that their activities include outreach and public education activities designed to inform low-
income and unemployed individuals of the nutrition services available to them under various federally-
assisted programs.
Both of the Contractor's applications (HAA and CFN) are incorporated herein in their entirety and made a
part of this Contract and remain on file with the DLA.
The Contractor will be responsible for developing written agreements between its proposed subcontractors
and itself. Such agreements will govern the activities to be performed by the subcontractor. standards of
performance by the subcontractor, and a mechanism for paying the subcontractor.
HAA and CFN funds will finance this Project up to a maximum of S13 277.00. All costs in excess of
513.277.30 for the Project are the responsibility of the Contractor.
The Contractor shall submit separate final program and a financial reports for ECSH and CFN which shall
include. at a minimum, all the program reporting items required by the State and a final expenditure report
for the Project.
2. Time of Performance
The Project will commence upon the execution of this Contract. The Project for ECSH funds will expire on
June 30. 1994 and for CFN funds December 31 1993 except ;hat the Contract may be extended a
maximum of 2 months for ECSH 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 tIm
expiration of the Contract with a full justification for ;he extension request. if approved by the State. .;;itte'
notification will be provided to the Offices of the State Controller and the State Attorney General.
Page 1 of 2
Exhibit A •
Department of Local Affairs
CSBG/Homeless/CFN
Exhibit A, Continued
Weld County
3. Budget
REVENUE EXPENDITURES
HAA Funds S 9,627 Homeless Services S 9,627
CFN Funds 5 3.650 Nutrition Services S 3,650
TOTAL $13,277 TOTAL 513.277
4. Payment Schedule
$13.277 Interim payments to be made upon submission of appropriate
documentation which include designated narrative and financial reports.
All CFN funds must be drawndown and spent by December 31, 1993. The
Contractor may request reimbursement every 30 days.
Total Project Costs
$13.277
5. Contract Monitoring
The State will monitor the Project on an as needed basis. Monitoring would be conducted by the
Department of Local Affairs, Financial Assistance Services Section.
6. Reporting Schedule
The Contractor will submit a single financial and program narrative report detailing the progress of the
Project at the completion of the Project for each funding source. Interim financial reports will be required
quarterly in accordance with the Financial Management Manual developed by the Colorado Department of
Local Affairs,
Program reports will be required quarterly and at the conclusion of the Project except for CFN funds which
need only be reported on at the conclusion of the project December 31. 1993. These reports shall describe
and evaluate any difficulties encountered in accomplishing the specifics of the Project and suggest any
improvements.
EXHIBIT A
Page 2 of 2 Pages
Depanment of Local Affairs
(4111t WELD COUNTY HOUSING AUTHORITY
PHONE(303)352-1551
P.O. Box A
GREELEY,COLORADO 80632
ik
COLORADO
TO: Constance L. Harbert, Chairman, Board of County 911(173
Cummissioners
FROM: Judy Griego, Director, Department of Social Service
SUBJECT: Amendment to the 1993 Emergency Shelter Grant Contra
DATE: June 22, 1993
As discussed at the June 21, 1993 Work Session, the State has awarded $13,277
to Weld County for the Emergency Community Services Grant Program and the
Community Food and Nutrition Program. Of the amount granted, $9,627 is
allocated to the Emergency Community Services Homeless Grant Program and
$3,650 is allocated to the Community Food and Nutrition Program. The State
Department of Local Affairs has combined the allocation under one contract.
As stated at the Worksession, the Local Selection Committee, created to rank
and prioritize usage of ESG and ECSH funds, recommended that WIRS be awarded
the Emergency Community Services Homeless Grant funds. Funds allocated to the
County for the Community Food and Nutrition Program will be subcontracted to
the Weld Food Bank.
We are recommending that the Board approve the contract as prepared by the
State.
If you have any questions, please telephone me at 352-1551 ext. 6200.
S3C564
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