HomeMy WebLinkAbout910142.tiff rfItmORAnDUm
Wilk Gordon E. Lacy, Chairman
Board of County Commissioners D,te January 22 , 1991
' � '
COLORADO From Walter J. Speckman, Executive Director, Human Resources I� O
subject. Amendments to the Contracts for the Community Services Block Grant
and the Emergency Community Service Homeless Contract
Enclosed for Board approval are Amendments to the original Contracts for
the Community Services Block Grant and the Emergency Community Service
Homeless Contract between the Weld County Division of Human Resources
and the State of Colorado Department of Local Affairs.
A total of $792.00 of Family Support Administration (FSA) Program Funds
will be added for homeless anti-drug abuse activities under the
Community Services Block Grant (CSBG) Act Funds. A total of $6,312.00
of Emergency Community Services Homeless (ECSH) Funds will be added for
case management services through the Weld Information and Referral
Services.
If you have any questions, please telephone me at 353-3816.
91014-.2
/l
DEPARTMENT OR AGENCY NUMBER
320000
CSBG/ECSH/ED CONTRACT ROUTING NUMBER
��- <-7)- N
AMENDMENT #1
CONTRACT
THIS CONTRACT, made this 1st day of January 1991, by and between the State of Colorado for
the use and benefit of the Department of Local Affairs, 1313 Sherman Street, Denver, Colorado hereinafter
referred to as the State, and Weld County Board of County Commissioners, 915 10th St., 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 , State Appropriation Codes 4-.G I , Contract Encumbrance Numbers ('R G Zy
; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the State and the Contractor have previously entered into a Grant Contract dated July
30. 1990 with contract routing number 91-058 and contract encumbrance number C851024, hereinafter
called the Original Contract, for the expenditure of Stewart B. McKinney funds for services to homeless
individuals; and
WHEREAS, the State of Colorado has received partial 1991 Act funding under Grant Number
, 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 State has received Family Support Administration (FSA) Program Funds under the
provisions of Public Law 101-164, the Fiscal Year 1990 Appropriations Bill, under Grant Number
G90B5OOOOSR for anti-drug abuse activities under the Community Services Block Grant Act; and
WHEREAS, the State has determined that the FSA funds would facilitate the Contractor's homeless
service efforts as described in EXHIBIT A of the Original Contract; and
WHEREAS, the State has determined the Contractor to be an eligible entity to receive FSA funds;
and
WHEREAS, the State has received an application from the Contractor for the Partial Act and FSA
funds and has approved said applications;
NOW THEREFORE, it is hereby agreed that:
1. The Original Contract is amended as follows:
a. Page 1, Paragraph 1. Scope of Services. Line 3, after Exhibit A, insert "as amended";
b. Page 2, Paragraph 4. Definition of Client Eligibility. Line 1, after EHP, insert "and FSA":
c. Page 2, Paragraph 5. Definition of Homeless Individuals. Line 1, after EHP, insert "and
FSA";
Page 1 of 4 Pages
910142
Homeless - Weld County County
d. Page 2, Paragraph 6. Compensation and Method of Payment. Lines 2 and 3 are
amended to read, "work and services to be performed, a total amount not to exceed
Seventeen Thousand One Hundred Four &No/100 Dollars ($17,104.00). The method and
time of payment shall be made in accordance with the "Payment Method" set forth herein."
e. Page 2, Paragraph 7. Financial Management. Line 4, after EHP, insert "and FSA";
f. Page 2, Paragraph 8a. Payment Method. Line 2, after EHP, insert "and FSA";
g. Page 3, Paragraph 11a. Contract Termination. Line 2, after EHP, insert "and FSA";
h. Delete EXHIBIT A from the Original Contract dated July 30, 1990 and insert in lieu thereof
the "Revised EXHIBIT A, Dated January 1, 1991 in its entirety.
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Page 2 of 4 Pages
97..0142
Form li-AC-02B
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
I. 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 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 subcontracts.
During the performance of this contract,the contractor agrees as follows:
(l) 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.
(31 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 I6, 1975, and of the rules, regulations,and relevant Orders of the Govemor.
• (4) The contractor and labor unions will fumish 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.
(61 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 1188 page 3_of 4 pages oc-io-23om-ss
910112
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
AtTirmative 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 invoked
in,or is threatened with,litigation with the subcontractor or vendor as a result of such direction by the contractine 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 aeainst 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 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 18-8-40I,et.seq.,(Abuse of Public Office 1.
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: Weld County
(Full Legal Name) 7• — of c'onn+y COMM ssioners STATE OF COLORADO
B},: lea • �/�j ROY Rfr ER, G OR
Q .J/ By
/V/ `5 EXECUTIVE IREC O'.
Position (Title)
Social S cams Number or Federal LD.Number DEPARTMENT
OF Local Affairs
(If Corporation:)
Int
Attest (Seal) `t�/ "
v� v v •
By l / f /!{—. G-1�:'
Corporate Secretor,.or Eon alent-Town/City/Count,CI d
A R VALS
ATTORNEY GENE - t - CO R ER
By By
• I LIFFORD W. HALL
General Legal Services
395-53-0I-1030 1 Re, I rtld) RaSe•Seee instructih is ons on cot,erne of Ode pages
- DG I 0-l?0caa'k
g1 ®1_x-24
Homeless - Weld County
"Revised EXHIBIT A
Dated January 1, 1991"
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 Family Support Administration
(FSA) Program contained in Public Law 101-164. The purposes of the HAA funding are: 1) to
provide eligible entities services to enable homeless individuals to make the transition out of poverty;
or 2) to provide assistance in obtaining social and maintenance services and income support
services for homeless individuals; or 3) to promote the private sector and other assistance to
homeless individuals; or 4) to provide services for the prevention of homelessness. The Contractor's
approved application submitted to the Department of Local Affairs (DLA), which solicited competitive
proposals for HAA services, conforms to the first objective of the Stewart B. McKinney Homeless
Assistance Act as stated above.
The purpose of the FSA funding is to assist low-income agencies to carry out drug abuse
prevention, treatment and education activities at the community level. The Contractor's approved
application submitted to DLA conforms to the objective of Public Law 101-164, the Fiscal Year 1990
Appropriations Bill. The Contractor has certified through application, that their activities include
outreach and public education activities designed to inform low-income individuals of the anti-drug
services available to them under various federally assisted programs.
Both of the Contractor's applications (HAA and FSA) 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 performed by the
subcontractor, standards of performance by the subcontractor, and a mechanism for paying the
subcontractor.
HAA and FSA funds will finance this Project up to a maximum of $17,104. All costs in excess of
$17,104 for the Project are the responsibility of the Contractor.
The Contractor shall submit a final program and a final program report which shall include, at a
minimum, all the program reporting items required by the State and a final expenditure report for
each_funding source.
2. Time of Performance
The Project will commence upon the execution of the Original Contract and no FSA funds may be
expended until the proper execution of this amendment. The Project will expire June 30, 1991
except that the Contract may be extended a maximum of 2 months subject to the mutual agreement
of the State and the Contractor. A request for extension by the Contractor shall be submitted to
the State at least 30 days prior to the expiration of the Contract with a full justification for the
extension request. If approved by the State, written notification will be provided to the Offices of
the State Controller and the State Attorney General.
Page 1 of 2 Pages
01 12
Homeless - Weld County
3. Budget
REVENUE EXPENDITURES
1990 HAA Funds $10,000 Homeless Services $10,000
1991 HAA Funds $ 6,312 Homeless Services $ 6,312
FSA Funds $ 792 Anti-Drug Services $ 792
TOTAL $17,104 TOTAL $17,104
4. Payment Schedule
I. $17,104 Interim payments to be made upon submission of appropriate
documentation which include designated narrative and financial reports.
The Contractor may request reimbursement every 30 days.
$17,104 Total Project Costs
5. Contract Monitoring
The State will monitor the Project on an as needed basis. Monitoring would be conducted by the
DLA, Financial Assistance Services Section.
6. Reporting Schedule
For HAA FSA Funds, 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 fiscal reports will be required quarterly in accordance with the Financial Management
Manual, revised February, 1988. Program reports will be required quarterly and at the conclusion
of the Project. These reports shall describe and evaluate any difficulties encountered in
accomplishing the specifics of the Project and suggest any improvements.
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910142
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