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HomeMy WebLinkAboutbocc.con.140.2006 CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING . CONTRACT #: 140-2006-1>~ICWJAL.. ~()~A'--"- .. . tJD. .. H I h & H S' lI'f#l!U> GY . J Ongmatmg Departmen lVlSlOn: ea t uman ervlces t e..$t>LlInON CD3. ;1ttJ.. Contact Person: Susan Berdahl Phone #: 920-5766 Project Name CSBG o BOCC AGENDA ITEM (BOCC signature required) ,/STAFF AUTHORIZED SIGNATURE (per Revised Procurement Code 7/2005) Check procurement type: '/None DInformal DFormal DSole Source DEmergency DState Bid 0 Check Contract Tvpe: DServices/Maintenance DLicense/Use DLease DConstnIction DGoods, Equipment, Supplies DOther (e.g. revenue) Budget Line IternlLedger Number 001. 72.94616.62374 DEmployment (for county employees) DIntergovernmental Agreement (Requires BOCC Action) DNon-Profit DQuasi -Public '/Grant Agreements (Requires BOCC Action) DChange Order/Contract Amendment Dollar Amount: $11,398.00 Contractor/Business (Complete Name):CSBG grant Contract Execution Date:6/8/06 Contract End Date: 2/28/07 Automatic Renewal (YDN'/) Term of Contract: 1 year(s) All Contracts should be proofed for the following: '/No Pages Missing ,/If a Page is Left Intentionally Blank ~Note on Page '/Page numbered consecutively ,I All Signatures Affixed ,I All Dates Filled In ,I All Other Blanks Filled In ,I All Exhibits Attached ,I All Legal Descriptions Attached (if appropriate) '/Notice of Award/Proceed Attached (if appropriate) DSpecial Instructions for Finance Department: MeJ.h;/JfeNr -:IF/ '/Sent to Clerk and Recorder for Scanning/Archiving ,I Authorized Staff Person's Name: Susan Berdahl BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage schedule. Amended 5-12-06 , Exhibit 1 Department of Local Affairs Community Services Block Grant Award Letter - L6CSBG35 Amendment #1 INITIAL AWARD_AMENDMENT: Increase --!.- Decrease _ Change_ 2. Encumbrance Number: L6CSBG35 4. Vendor Number: 846000794 Q 5. Master Contract Number: L6CSBGPI 6. Award Made to Grantee: Pitkin County 7. Total Award Amount: $11,398 Award Type: _ Partial --L- Final Modifications to Award Letter: The amount of $190.00 is the carryover from the CSBG FFY 2005 grant and must be spent no later than September 15, 2006. 8. Performance Period: Start: 3/1/2006 End on or Before: 2/28/2007 9. Scope of Service or Proiect Plan: The Contractor is awarded funds to provide services in the following Federal Objective(s) as identified in its CSBG Application and Project Plan: Bud et 4,785.00 ams 6,613.00 $11,398.00 All receipts and expenditures associated with the Project shall be documented in a detailed and specific manner, and shan be in accordance with the Federal Objectives set forth above. Contractor may not adjust ~ , I . . line item budget amounts without prior approval of the State. State approved budget changes shan be issued through an amended award letter. 10. Grant Considerations: An terms and conditions entered into by the State and the Grantee in the original Contract are incorporated by reference. The Award Provisions, Attachment A, is attached and considered to be part of this award letter. The Contractor's CSBG Application and Project Plan for the performance period is incorporate by reference. 11. Award Acceptance. Contractor's failure to object in writing to special conditions or other award provisions or terms within ten (10) days of the date the grant award letter or amendment is received by the Contractor shall constitute acceptance ofthe terms and conditions as stated in the original Contract, this Award Letter, and the Award Provisions. 12. Reviewed Bv: ~F~ 13. 14. Approval: CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. State Controller: Leslie M. Shenefelt By: Date: 0,"" )0ts. /0," { / 1 Attachment A AWARD PROVISIONS 1. Compensation and Method of Payment a) General: The State agrees to pay the Contractor, in consideration for the work and services to be performed, an amount not to exceed the amount awarded to date. Grant funds will be disbursed to Contractor on a reimbursement of actual cost basis, unless a request for advance is approved by the State. Payment will be made to the Contractor upon receipt of legitimate request for advance/reimbursement and a summary of expenditures from the Contractor for eligible grant expenses. The Contractor shall retain in its file all supporting documents for a request for advance/reimbursement. b) Advance of Funds: The Contractor shall minimize the time between the receipt of funds from the State and the disbursement of such funds. If the Contractor earned interest on such advances in excess of $100 per year, the excess interest shall be remit to the State. In cases where an advance of funds is authorized by the State, the Sub-Grantee will be responsible for maintaining expenditure records, and reconciling such expenditures with the advance of funds c) Year-end deobliaation-reallocation of funds: A potential exists that the total amount of the grant award may be increased or decreased as a result of a reallocation of funds made by the U. S. Department of Health and Human Services ("HHS"), Office of Community Services. Such action may occur after the end of the performance period for the grant. Such an action would deobligate funds not expended by this and reallocate funds to reimburse eligible program expenses incurred by this Grantee during the performance period, for which reimbursement has not been previously made. Such reallocation of funds shall not exceed the percentage of reimbursement, identified in the Grant Award Letter, of total eligible expenses incurred by the Sub-Grantee. Such actions will be made by Grant Award Letter Amendment, indicating the amount of the year-end deobligation or reallocation of funds made for the fiscal year, for each eligible jurisdiction. This Amendment will be signed by both the Executive Director of the Department of Local Affairs, and the Department of Local Affairs' designee authorized to sign for the State Controller, or their designees. The Grant Award Letter Amendment will be a valid contract amendment, effective retroactive to the contract performance period. 2. Current Award Period - This award shall be effective for grants of an annual recurring nature during the performance period, which routinely runs from March 1 of one year through February 28 of the next year. The federal appropriation process is such that the actual funds for these programs normally do not become available to the state until after the starting date of the performance period. This results in grant award letters being issued by the state for a performance period which may have started several months previously. The Sub-Grantee may have incurred eligible program expenses during this period and is, therefore, entitled to reimbursement for same under the terms and conditions of the grant program. 3. Amendments - All additional award letters issued under the Initial Award will be considered amendments only to the amounts or provisions in the Initial Award. All additional amounts awarded subsequently under this Award will be subject to all of the terms and conditions attached to this Award unless specifically amended therein. The State may request changes in the scope of services or any other provision in the award letter. Such changes in the scope of services or other provision shall be in writing via the issuance of an amended award letter, and shall be incorporated herein as part of this award. Any revisions to the scope of services or any other award provision initiated by the Contractor must be approved by the State and formalized through an amendment to the award letter. Page 1014 4 Attachment A The Grant Award Letter amendment shall not be deemed valid until it shall have been approved by the State Controller or his designee. 4. Financial Manacement - At all times from the effective date of this grant until completion of this project, the Sub-Grantee shall maintain properly segregated books of CSBG funds, and other funds associated with this project. Records shall be maintained in accordance with applicable local and state procedures and in accordance with applicable OMB Circulars (A-87, A-1 02, A-11 0, A-122). 5. Reoortinc - The submission of reports in a timely manner shall be the responsibility of the Contractor and failure to comply may result in delay of payment of funds or termination of the contract. The Contractor will submit quarterly fiscal reports, semi-annual programmatic and narrative reports, and a final report in the format designated by the Community Services Block Grant Program. The required reports shall be submitted to the CSBG State office within the month following the end of each calendar quarter and upon the expiration and termination of the contract, or at such time as otherwise specified. As this form may undergo revisions, the Contractor will be notified 45 days prior to the date reports are to be submitted and will be provided with the reporting format and any additional documentation necessary. 6. Monitorinc and Evaluation - The State will monitor and evaluate the Contractor for compliance with the terms of the contract, and the rules, regulations, requirements and guidelines, which the State has promulgated or may promulgate. The Contractor may also be subject to monitoring and evaluation by the federal/state grant funding agency or authorized agents. 7. Audit. a) Discretionarv Audit. The State, through the Executive Director of the Department, the State Auditor, or any of their duly authorized representatives and the federal government or any of its duly authorized representatives shall have the right to inspect, examine and audit the Contractor's and any subcontractor's records, books, accounts and other relevant documents. For the purposes of discretionary audit, the State specifically reserves the right to hire an independent Certified Public Accountant of the State's choosing. A discretionary audit may be requested at any time and for any reason from the effective date of this Contract until five (5) years after the date of each grant's official closeout, provided that the audit is performed during normal business hours. b) Mandatorv Audit. Whether or not the State or the federal government calls for a discretionary audit as provided above, the Contractor shall include the Project in its annual audit report as required by OMB Circular A-133, and/or the Colorado Local Government Audit Law, 29-1- 601, et seq, C.R.S., and State implementing rules and regulations. Such audit reports shall be simultaneously submitted to the Department and the State Auditor or federal agency as applicable. Thereafter, the Contractor shall supply the Department with copies of all correspondence from the State Auditor or applicable federal agency related to the relevant audit report. If the audit reveals evidence of non-compliance with applicable requirements, the Department reserves the right to institute compliance or other appropriate proceedings notwithstanding any other judicial or administrative actions filed pursuant to 29-1-607 or 29-1- 608, C.R.S. 8. Independent Contractor. 4 CCR 801-2 - the contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither the contractor nor any agent or employee of the contractor shall be or shall be deemed to be an agent or employee of the state. Contractor shall pay when due all required employment taxes and income tax and local head tax on any monies paid by the state pursuant to this contract. Contractor acknowledges that the contractor and its employees are not entitled to unemployment insurance benefits unless the contractor or third party provides such coverage and that the state does not pay for or otherwise provide such coverage. Contractor shall have no authorization, express or implied, to bind the state to any agreements, liability, or understanding except as expressly set forth herein. Contractor shall provide and keep in force Page 2 of4 ~ Attachment A workers'compensation (and provide proof of such insurance when requested by the state) and unemployment compensation insurance in the amounts required by law, and shall be solely responsible for the acts of the contractor, its employees and agents. 9. Contract Termination. This Contract may be terminated as follows: a) Termination Due to Loss of Fundino. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated with 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. To the extent that the Contractor must expend funds other than those provided by the State under this Agreement or must provide in-kind services in performing the work agreed upon hereunder, the State agrees that said expenditures and in-kind services are subject to the availability and annual appropriation of funds by the Contractor for said purpose. b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its 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 twenty (20) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. 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 offset 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 the contract at any time the State desires. The State shall effect such termination by giving written notice of the termination to the Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In that event all materials and documents as described above shall, at the option of the State, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials and documents. 10. Severabilitv - To the extent that this activity may be executed and performance of the obligations of the parties may be accomplished within the intent of the terms and conditions, the terms of the agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term nor as waiver of a subsequent breach of the same term. 11. Assionment - Neither party, nor any subcontractor hereto, may assign its rights or duties pertaining to this grant without the prior written consent of the other party. 12. Non-discrimination- a) The Sub-Grantee shall comply with all applicable state and federal laws, rules, regulations, and executive orders of the Governor of Colorado involving non-discrimination on the basis of Page 30f4 {, Attachment A race, color, religion, national origin, age, handicap, or sex. Contractor may utilize the expertise of the State Minority Business Office within the Office of the Governor, for assistance in complying with the non-discrimination and affirmative action requirements of this grant and applicable statutes. b) Contractors shall be governed by the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975, on the basis of handicap under Section 504 of the Rehabilitation Act, on the basis of sex under the Title IX of the Education Amendments of 1972, or on the basis of race color, or national origin under Title VI of the Civil Rights Act of 1976. Programs and activities under this Act are considered to be programs receiving federal financial assistance and are subject to all proviSion of EEO, except for those contractors who are under Section 679 of the CSBG Act, religious organization's exempt from Section 702 of the Civil rights Act of 1964 (42 U.S. C. 2003-1) regarding employment practices. 13. Compliance with Federal Aareement Terms and Conditions - Federal Law - Rules and Reaulations The Sub-Grantee shall comply with all terms and conditions the State has entered into with the federal government as a part of the grant application process and as spelled out in the grant agreement between the State of Colorado and the Federal Granting Agency, and all applicable federal laws, rules, and regulations related to this program. These include, but are not limited to, compliance with the following: a) Americans with Disabilities Act including Title II, Subtitle A/24, U.S.C. Sec. 12101 et seq and implementing regulations. b) OMB Circular A-a7, A-102, A-110, A-122, and A-133 as applicable c) 31 U.S.C. S1352 - Prohibition Against use of Federal Funds for Lobbying. d) Privacy Act of 1974,5 U.S.C. S 5529 and Regulations adopted thereunder. e) Drug Free Workplace Act f) Title VI of the Civil Rights Act 42 U.S.C. Sec. 2000 d-1 et seq and its implementing regulation 44 C.F.R. part of et seq. g) Community Services Block Grant regulations, 45 CFR 96 h) Certification required by 29 CFR Part 98, "Government Debarment and Suspension" i) Environmental Tobacco Smoke Certification, also known as the Pro-Children Act of 1994, Public Law 103-227 Page 4 014 ~