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Home My WebLink AboutC84-006 Colorado Department of Local Affairs_amendmentForm 6-AC•02A DEF�,MENT OR AGENCY NUMBER r CONTRACT ROUTING NUMBER AMENDMENT CONTRACT THIS CONTRACT, made thisIst day of _ I April 1984, by and between the State of Colorado for the use and benefit of the Department of ' Local Affairs hereinafter referred to as the State, and '2 Eagle County 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 G/L Account Number , Contract Encumbrance Number ; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and Whereas, the parties hereto have previously entered into a contract dated January 1, 1984, hereinafter referred to as the Original Contract, a copy of which i s at ac ed hereto and incorporated by reference here -in and is marked Attachment A, for the expenditure of 1984 CSBG funds for personnel and operating expenses to accomplish a variety of objectives addressing the needed low-income families and individuals; and Whereas, the Contractor has determined that there was an unspent balance of funds remaining.at the time of expiration of their 1983 CSBG contract in the amount of $ 4,304.16 ; and Whereas, the Contractor has requested and the State has agreed to have these 1983 carryover funds incorporated into the Contractor's 1984 CSBG contract; and Whereas, the services to be provided, as described in the Scope of Services, Exhibit A to the Original Contract, will remain the same and these additional funds will be used to expand delivery of these services; and Whereas, the State and the Contractor deem it necessary to amend the budget and Scope of Services of the Original Contract to reflect this change in Project expenditures and funding; and Whereas, the Contractor has submitted to the State a revised budget for the Project; NOW THEREFORE, it is hereby agreed that 1. 'The Original Contract (Attachment A) is amended as follows: a. The dollar amount in paragraph 5, page 2 of 5 in the Original Contract, is amended to read: "Fifteen Thousand Two Hundred Fifty Seven and 16/100 Dollars ($155257.16)" 3953301-1014 Page 1 off- pages *(See instructions on reverse of last page.) 1 s 2. The Scope of Services, Exhibit A to the Original Contract is amended as follows: The revenues and expenditures outlined in the budget on page 5 of Exhibit A to the Original Contract are amended as follows: "BUDGET CATAGORIES COMM-SERVICE FUNDS OTHER RESOURCES TOTAL COST Personnel 12,649.16 2,400 Travel 1, 808 100 Equipment 400 Telephone and Inservice-workshops 400 827.38 Soc. Sec. TOTAL COSTS 15,257.16 33327.38 18,584.54 3s327.38 15,257.16" 3. This amendment shall take effect April 1., 1984. 4. All provisions of the Original Contract remain in effect except for the specific provisions modified by this Contract Amendment. page 2 of 4 pages Form 6-AC-0211 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 REQUIREINIEN T 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 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, deliverdd 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 made payable to the Treasurer of the State of Colorado may be accepted in leiu of a bond. MINIMUM WAGE 4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousand dollars and requires or involves the employment of laborers or mechanics in the construction, alteration or repair of any building or other public work, (except highways, highway bridges, underpasses and highway structures of all kinds) within the geographical limits of the State, the rate of wage for all laborersand mechanics employed by the contractor or any subcontractor on the building or public work covered by this contract shall be not less than the prevailing rate of wages for work of a similar nature in the city, town, village or other civil subdivision of the State in which the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in 8-16-101, CRS 1973, as amended. DISCRIMINATION AND AFFIRM.-%TNE 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 1979 supplement), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provi- sions shall be contained in all State contracts or sub -contracts. . During the performance of this contract. the contractor agrees as follows: (1) 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 prodded 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 lie has 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 committment 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 pennit 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 aft%. 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 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. 395-53-01-1022 page 3 of 4 pages Form 6-AC-02C (7) In the event of the contractors non-compliance with the non-discrimination clauses of this contract 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 paragraphs (1) through (8) in every sub -contract and sub -contractor 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 sub -contractor 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 rion-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, Hhe contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. _ COLORADO LABOR PREFERENCE 6. Provisions of 8-17-101, & 102, CRS 1973 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 part by State funds. 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. 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), C.R.S. 1973, as amended, and that no violation of such provisions is present. 9. 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 Agreement on the day first above written. STATE OF COLORADO RWHARD D. LAMM. GOVERNOR u By •s Contractor EXECUTIVE DIRECTOR, I DE Position Chairman, Board of County OOFPARTtiiENT ommissioners Social Security Number or Federal I.A. Number ATTORNEY GENERAL By APPROVALS CONTROLLER By 395--53-01--1030 Page 4 which is the last of 4 pages *See instructions on reverse side.