HomeMy WebLinkAbout940783 RESOLUTION
RE: APPROVE FIRST AMENDMENT CONTRACT TO CDBG FOR ALTERNATIVE HOMES FOR YOUTH,
INC. 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 First Amendment Contract for
the Community Development Block Grant for Alternative Homes for Youth, Inc. ,
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the Colorado Department of Local Affairs, with
terms and conditions being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said
amendment, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the First Amendment Contract for the Community Development
Block Grant for Alternative Homes for Youth, Inc. , between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld
County, and the Colorado Department of Local Affairs be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 22nd day of August, A.D. , 1994.
Aea4e4 BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, LORADO
Weld County Clerk to t e Board
W. H. Webster, airman
•
BY:
Deputy er to the Boar Dale K. Hall, Prr em
APPROV D AS TO FORM: /c ,
/Geo . Baxter
County Att rney Constance L. Harrert
kJJ. K/mAt er
940783
r—s� fir^ /
• DEPARTMENT OR AGENCY
CDBG -94-902 NAA
CONTRACT ROUTING NUMBER
qS OS
CONTROL NUMBER
FIRST AMENDMENT
CONTRACT
THIS CONTRACT, made this day of 'c.i7tXinc_ , 1994, by and between the
State of Colorado for the use and benefit of the Departmerit of Local Affairs. 1313 Sherman Street.
Denver, Colorado 80203 , hereinafter referred to as the State, and the Board of County
Commissioners, County of Weld. P. O. Box 758, Greeley, Colorado 80632 , hereinafter referred to as the
Contractor.
WHEREAS,authority exists in the Law and Funds have been budgeted,appropriated and otherwise
made available and a sufficient unencumbered balance thereof remains available for payment in Fund
Number Jrfl Appropriation Code LDS- , Org. Unit 'Etna , GBL 1>Lig -1 , Contract
Encumbrance Number Ce64 O2— ; and
WHEREAS, required approval, clearance and coordination have been accomplished from and with
appropriate agencies; and
WHEREAS, the parties hereto have entered into a Contract dated April 26, 1994, with Contract
Routing Number 940261, and Contract Encumbrance Number C854902, for the expenditure of Community
Development Block Grant funds to construct a building to be utilized as a shelter for youth referred to the
shelter by the Weld County court system,which Contract is hereinafter referred to as the Original Contract;
and
WHEREAS,the original design of the facility included a second story expansion to be constructed
in a future phase of development to accommodate a day treatment component of the youth shelter program;
and
WHEREAS, it has been determined that significant savings of both operational and construction
costs can be achieved by incorporating the expansion planned for a future phase into the current work
program; and
WHEREAS, the Contractor and subgrantee(Alternative Homes for Youth, Inc., a private non-profit
organization serving abused, neglected and troubled youth in Weld County) have agreed to provide
$135,000 in additional funding to partially finance the cost of the expanded Project; and
WHEREAS, the State in recognizing there is an opportunity to realize cost savings in completing
the overall project In a single construction operation has approved Contractor's request for an additional
$65,000 in CDBG grant funds,thus increasing the State's financial participation In the Project from$225,000
to $290,000; and
WHEREAS, this Contract First Amendment is necessary in order to modify the amount of
compensation, Project scope of services, budget and payment schedule set forth in the Original Contract;
NOW THEREFORE it is hereby agreed that:
1. The dollar amount given in paragraph"11. Compensation and Method of Payment" on page
3 of 12 pages of the main body of the Original Contract be amended to read as follows:
" TWO HUNDRED NINETY THOUSAND AND NO/100 DOLLARS ( $290.000.00 1"
Page 1 of 5 Pages
CDBG -94-902 (FIRST AMENDMENT)
2. The scope of services, Exhibit A to the Original Contract, be amended in the following manner
a. The first sentence of the first paragraph under "1. Scope of Services" on page 1 of 2
pages of Exhibit A be amended to read as follows:
'The Project consists of the construction of 8,000 square feet of space on two
levels by Weld County, Colorado (Contractor) to be utilized as a shelter for
youth referred to the shelter by the court system."
b. The second paragraph under "1. Scope of Services" on page 1 of 2 pages of
Exhibit A be amended to read as follows:
"A 6,000-square foot, 24-bed, facility will be constructed to provide separate
housing for male and female residents. Construction will include, but not be
limited to, separate male and female residential rooms, counseling and meeting
rooms, bathrooms, a kitchen,dining area, offices and recreation area. A 2,000-
square foot second story to the building will be constructed to provide space for
program activities to serve additional, non-resident clients in a day treatment
setting.°
c. The third paragraph under"1. Scope of Services" on page 1 of 2 pages of Exhibit A be
amended to read as follows:
"Community Development Block Grant(CDBG)funds in the amount of$290,000
are provided under this Contract to partially finance Project costs. The
Contractor is expected to provide $270,000 of the estimated $560,000 Project
total cost. In any event the Contractor and Alternative Homes for Youth, Inc.,
are responsible for all Project costs in excess of$290,000."
d. Section "3. Budget" on page 1 of 2 pages of Exhibit A be amended to read as follows:
Activity Project Cost State CDBG Contractor
Funds Funds
Facility Construction (3) $542,000 $290,000 $252,000
Engineering and Admini- 18,000 -0 - 18,000
stration (13)
TOTALS $560,000 $290,000 $270,000
e. Section "4. Payment Schedule" on page 2 of 2 pages of Exhibit A be amended to read
as follows:
"a. $275,500 Shall be paid upon approved drawdown
requests submitted by the Contractor.
b. 14,500 Representing five percent (5%) of the CDBG
funding amount,to be paid upon completion of
the Project, following submission by the
Contractor and approval by the State of final
financial and program reports, with the .
exception of the audit.
$290,000 TOTAL"
Page 2 of 5 Pages
940'"3
CDBG - 94-902 (FIRST AMENDMENT)
3. This amendment shall be effective upon execution by the Controller.
4. Except as herein amended, all other contract provisions shall remain in full force and effect.
5. In the event of any conflict, inconsistency,variance or incongruity between provisions of this
Contract Amendment or any of its attachments or exhibits, and any of the provisions of the Original
Contract, or its attachments or exhibits, the provisions of this Contract Amendment shall in all respects
supersede, govern and control.
Page 3 of 5 Pages
940'7533
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 of Colorado 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 work for this State,the contractor shall,before entering upon the performance of any such work included
in this contract,duly execute and deliver to the State official who will sign the contract,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 upon the 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 or fails to pay any person who supplies rental machinery,tools,or equipment in the prosecution of the work 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 is executed,delivered and
filed,no claim in favor of the contractor arising under such contract shall be audited,allowed or paid.A certified or cashier's check or a bank;limey order payable
to the Treasurer of the State of Colorado may be accepted in lieu of a bond.This provision is in compliance with CRS 3S-26-106.
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(CRS 24-34-402),and as required by Executive Order, Equal Opportunity and Affirmative Action,dated April 16,
1975.Pursuant thereto,the following provisions shall be contained in all State contracts or sub-contracts.
During the performance of this contract,the contractor agrees as follows:
(a) 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 advertisings; lay-offs or terminations;rates of pay or other forms of compensation;and
selection for training, including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause.
(b)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.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
understanding,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's 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.
(d)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 Govemor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders.
(e)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.
(f) A labor organization,or the employees or members thereof will not aid,abet, incite,compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder;or attempt,either directly
or indirectly,to commit any act defined in this contract to be discriminatory.
Form 6-AC-02B
Revised 1/93
395-53-01-1022
page 4 of 5 pages
940"x'93
•
•
CDBG - 94-902 (FIRST AMENDMENT)
(g)In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,regulations,or orders,
this contract may be canceled,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.
(h)The contractor will include the provisions of paragraphs(a)through(h)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 CRS 8-17-101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and
are financed in whole or in pan by State funds.
b.When a 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(CRS 8-19-101 and 102)
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,
defence,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 aver that they are familiar with CRS I8-8-301,et.seq.,(Bribery and Corrupt Influences)and CRS 18-8-401,et.seq.,(Abuse of Public Office),
and that no violation of such provisions is present.
10.The signatories aver that to their knowledge,no state employee has any personal or beneficial interest whatsoever in the service or property described herein:
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
Contractor:
(Full Legal Name) BOARD OF COUNTY COMMISSIONERS, STATE OF COLORADO
CdUNTY OF�WW/ELD, COLORADO
) rat ROY MER,GOV NOR
By
By
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Position(Title) CHAIRMAN .6"/
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Attest(Seal
By
Corporate Secrets .or qui •n, own/City •unty Clerk
GALE� � A. NORTON APPROVALS
AVrORNTY('LTf, & EY GENERA CONTROLLER
By i'a,- ( /1 L.;i By 'a1": CONTR 7 I F l
ALVIN E. M.ASSENBUi 'f RD Wa
Assistant Attorney General Ze 'tLA-
m6-A 2�
I/Wettest Legal Services Page 5 which is the last of 5
Revised pages
395.53-91-1030 "See instructions on reverse side.
94'017593
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