HomeMy WebLinkAbout20092567.tiffRESOLUTION
RE: APPROVE CONTRACT AMENDMENT #1 FOR WORKFORCE DEVELOPMENT
PROGRAMS AND AUTHORIZE CHAIR 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 Contract Amendment #1 for Workforce
Development Programs between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Department of Human Services,
Employment Services Division, and the Colorado Department of Labor and Employment,
Workforce Development Programs, commencing upon full execution of said amendment, with
further 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 Contract Amendment #1 for Workforce Development Programs between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Department of Human Services, Employment Services Division, and
the Colorado Department of Labor and Employment, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 28th day of September, A.D., 2009.
ATTEST:
Weld County Clerk t$ the Board
BY.
Deputy Clerk to the Board •
County Attorney
Date of signature. /0/.149
BOARD OF CO NTY COMMISSIONERS
WELD CO yT COLORADO
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1dULliam F Garcia, Chair
Douglas/Rademachfr, Pro-Tem
Sean P. Conway
Kirkmeyer
David E. Long
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CC ! (4s Cam.-�},� ) /04D-47
2009-2567
HR0080
MEMORANDUM
(7, -
DATE: September 23, 2009
WIlDTO:William F. Garcia, Chair, Board of County Commissioners
C� FROM: Judy A. Griego, Director, Human Services Dep ment `
COLORADO RE:
Amendment to Contract 09 KAA 00007 between the
Weld County Department of Human Services' Employment
Services and the Colorado Department of Labor
Enclosed for Board Approval is the Amendment #1 to the Contract 09 KAA 00007 between
the Department's Employment Services Division and the Colorado Department of Labor.
This Amendment was presented at the Board's September 22, 2009, Work Session.
This Amendment adds specific contract provisions for the American Recovery and
Reinvestment Act of 2009 (ARRA) stimulus funds for employment funds.
If you have any questions, give me a call at extension 6510.
2009-2567
•
CONTRACT AMENDMENT
Amendment #One
Original Contract CMS or CLIN #
CMS # 4083
09 KAA 00007
1) PARTIES
This Amendment to the above -referenced Original Contract (hereinafter called the Contract)
is entered into by and between the Board of County Commissioners of Weld County
(hereinafter called "Contractor"), and the STATE OF COLORADO (hereinafter called the
"State") acting by and through the Department of Labor and Employment, Workforce
Development Programs, 633 17th Street, 12th Floor, Denver, CO 80202-3629 (hereinafter
called the "CDLE").
2) EFFECTIVE DATE AND ENFORCEABILITY
This Amendment shall not be effective or enforceable until it is approved and signed by the
Colorado State Controller or designee (hereinafter called the "Effective Date"). The State
shall not be liable to pay or reimburse Contractor for any performance hereunder including,
but not limited to, costs or expenses incurred, or be bound by any provision hereof prior to
the Effective Date.
3) FACTUAL RECITALS
The Parties entered into the Contract to provide federal funds under the Workforce
Investment Act of 1998, including Wagner Peyser Act, and other state and federal funds to
provide Workforce Development Services in the Weld County Workforce Region.
4) CONSIDERATION -COLORADO SPECIAL PROVISIONS
The Parties acknowledge that the mutual promises and covenants contained herein and
other good and valuable consideration are sufficient and adequate to support this
Amendment. The Parties agree to replacing the Colorado Special Provisions with the most
recent version as part consideration for this Amendment. Such Special Provisions are
attached hereto and incorporated by reference herein as Exhibit One.
5) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Contract, and the Contract and all
prior amendments thereto, including executed Expenditure Authorization commitment
documents ("EAs"), shall remain in full force and effect except as specifically modified herein.
6) MODIFICATIONS The Contract and all prior amendments/EAs thereto are modified to
incorporate Supplemental Provisions for funding provided under the American
Recovery and Reinvestment Act ("ARRA") of 2009 to comply with all applicable
provisions of ARRA and the regulations issued pursuant thereto, including but not
limited to these Supplemental Provisions, as follows:
Part 1 — Agreement
§ 1.3 "Order of Precedence" is modified to add the "State of Colorado Supplemental
Provisions for Contracts, Grants, and Purchase Orders Using Funds Provided under
the American Recovery and Reinvestment Act of 2009" and to revise the order of
precedence as follows:
a. State of Colorado Supplemental Provisions for Contracts, Grants, and
Purchase Orders Using Funds Provided under the American Recovery
and Reinvestment Act of 2009
b. Colorado Special Provisions
c. Agreement: the provisions of the main body of this Grant
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6
&OOt-(.3756
d. Attachment A, Funding Provisions
e. Attachment B, Local Workforce Development Plan (Local Plan)
f. Executed Notice of Fund Availability Letter(s)
g. Executed Expenditure Authorization Document(s)
h. Attachments C through J
Exhibits
1. Updated "Colorado Special Provisions" are attached hereto and incorporated by
reference as Exhibit One to the Contract.
2. "State of Colorado Supplemental Provisions for Contracts, Grants, and Purchase
Orders Using Funds Provided under the American Recovery and Reinvestment Act
of 2009 ("ARRA Supplemental Provisions)" is attached hereto and incorporated by
reference as Exhibit Two to list requirements if American Recovery and
Reinvestment Act of 2009 ("ARRA") funds are spent.
The ARRA Supplemental Provisions are retroactively effective upon the execution
of the existing original ARRA Contract, Grant or Purchase Order, with the
exceptions of paragraph #11 - Job Opportunity Posting Requirements and
paragraph #17 - Publication, which are effective with the execution of the
Amendment.
c. Indemnification. Paragraph 3, Indemnification of the Special Provisions included
in the Original Contract (restated below) is moved to the body of the Contract as
Paragraph 6.21 and shall remain in full force and effect with this Contract
Amendment #One.
"INDEMNIFICATION. 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 and
related costs, incurred as a result of any act or omission by Contractor, or its employees,
agents, subcontractors, or assignees pursuant to the terms of this contract.
(Applicable Only to Intergovernmental Contracts] No term or condition of this contract
shall be construed or interpreted as a waiver, express or implied, of any of the immunities,
rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity
Act, CRS 24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as
applicable, as now or hereafter amended."
7) START DATE
This Amendment shall take effect upon execution of the State Controller or designee.
8) ORDER OF PRECEDENCE
Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or
contradiction between the provisions of this Amendment and any of the provisions of the
Contract, the provisions of this Amendment shall in all respects supersede, govern, and
control. The most recent version of the Special Provisions incorporated into the Contract or
any amendment shall always control other provisions in the Contract or any amendments.
9) AVAILABLE FUNDS
Financial obligations of the state payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, or otherwise made available.
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CMS# 4083
Amendment #One
THE PARTIES HERETO HAVE EXECUTED THIS GRANT
* Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's
behalf and acknowledge that the State is relying on their representations to that effect.
GRANTEE
The Board of County Commissioners
Of Weld County
By: William F. Garcia
Title: Chaiir%��
/
STATE OF COLORADO
Bill Ritter, Jr. GOVERNOR
Colorado Department of Labor and Employment
Donald J. Marexecutive Director
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/
oerbertson, Director
int- and Training
Date: 'f �:,
Signature
,
Date: SE`l �. 1 i..un�
2nd Grantee Signature if Needed
By: INSERT -Name of Authorized Individual
Title: INSERT -Official Title of Authorized Individual
By:
LEGAL REVIEW
John W. Suthers, Attorney General
*Signature
Date:
Signature - Assistant Attorney General
Date:
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30.202 requires the State Controller to approve all State Grants. This Grant is not valid until
signed and dated below by the State Controller or delegate. Grantee is not authorized to begin
performance until such time. If Grantee begins performing prior thereto, the State of Colorado is not
obligated to pay Grantee for such performance or for any goods and/or services provided
hereunder.
STATE CONTROLLER
nermmfootttPA
By: �l� =� // / fG
Shawn G. Milne
State Controller Delegate
Date: 1 ()
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x7009- &5
CMS# 4083
Amendment #One
Exhibit One
SPECIAL PROVISIONS
These Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it
has been approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS §24-30-202(5.5). 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.
3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections,
or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the
Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as applicable now or hereafter
amended.
4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an
independent contractor and not as an employee. Neither Contractor nor any agent or employee of
Contractor shall be deemed to be an agent or employee of the State. Contractor and its
employees and agents are not entitled to unemployment insurance or workers compensation
benefits through the State and the State shall not pay for or otherwise provide such coverage for
Contractor or any of its agents or employees. Unemployment insurance benefits will be available
to Contractor and its employees and agents only if such coverage is made available by
Contractor or a third party. Contractor shall pay when due all applicable employment taxes and
income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have
authorization, express or implied, to bind the State to any agreement, liability or understanding,
except as expressly set forth herein. Contractor shall (a) provide and keep in force workers'
compensation and unemployment compensation insurance in the amounts required by law, (b)
provide proof thereof when requested by the State, and (c) be solely responsible for its acts and
those of its employees and agents.
5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and
State laws, rules, and regulations in effect or hereafter established, including, without limitation,
laws applicable to discrimination and unfair employment practices.
6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be
applied in the interpretation, execution, and enforcement of this contract. Any provision included
or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be
null and void. Any provision incorporated herein by reference which purports to negate this or any
other Special Provision in whole or in part shall not 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 shall not invalidate the remainder of this contract, to
the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding
arbitration by any extra -judicial body or person. Any provision to the contrary in this contact or
incorporated herein by reference shall be null and void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other
public funds payable under this contract shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing
restrictions. Contractor hereby certifies and warrants that, during the term of this contract and any
extensions, Contractor has and shall maintain in place appropriate systems and controls to
prevent such improper use of public funds. If the State determines that Contractor is in violation of
this provision, the State may exercise any remedy available at law or in equity or under this
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CMS# 4083
Amendment #One
Exhibit One
contract, including, without limitation, immediate termination of this contract and any remedy
consistent with federal copyright laws or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-
50-507. The signatories aver that to their knowledge, no employee of the State has any personal
or beneficial interest whatsoever in the service or property described in this contract. Contractor
has no interest and shall not acquire any interest, direct or indirect, that would conflict in any
manner or degree with the performance of Contractor's services and Contractor shall not employ
any person having such known interests.
10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to
intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may
withhold payment under the State's vendor offset intercept system for debts owed to State
agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of
tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due
to the Student Loan Division of the Department of Higher Education; (d) amounts required to be
paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as
a result of final agency determination or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements
relating to the offer, issuance, or sale of securities, investment advisory services or fund
management services, sponsored projects, intergovernmental agreements, or information
technology services or products and services] Contractor certifies, warrants, and agrees that
it does not knowingly employ or contract with an illegal alien who will perform work under this
contract and will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this contract through participation in the
E -Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c),
Contractor shall not knowingly employ or contract with an illegal alien to perform work under this
contract or enter into a contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under
this contract. Contractor (a) shall not use E -Verify Program or Department program procedures to
undertake pre -employment screening of job applicants while this contract is being performed, (b)
shall notify the subcontractor and the contracting State agency within three days if Contractor has
actual knowledge that a subcontractor is employing or contracting with an illegal alien for work
under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing
or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply
with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-
17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in
the Department program, Contractor shall deliver to the contracting State agency, Institution of
Higher Education or political subdivision a written, notarized affirmation, affirming that Contractor
has examined the legal work status of such employee, and shall comply with all of the other
requirements of the Department program. If Contractor fails to comply with any requirement of
this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher
education or political subdivision may terminate this contract for breach and, if so terminated,
Contractor shall be liable for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a
natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of
perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to
federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced
one form of identification required by CRS §24-76.5-103 prior to the effective date of this contract.
Revised 1-1-09
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CMS# 4083
Amendment # One
Exhibit Two
State of Colorado
Supplemental Provisions for
Contracts, Grants, and Purchase Orders Using Funds
Provided under the
American Recovery and Reinvestment Act of 2009
As of 8-21-09
The contract, grant, or purchase order to which these Supplemental Provisions are attached has been
funded, in whole or in part, with ARRA Funds. In the event of a conflict between the provisions of these
Supplemental Provisions, the Special Provisions, the contract or any attachments or exhibits incorporated
into and made a part of the contract, the provisions of these Supplemental Provisions shall control.
1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the
meanings ascribed to them below.
1.1. "ARRA" means the American Recovery and Reinvestment Act of 2009, (Public Law 111-5).
1.2. "ARRA Funds" means any funds that are expended or obligated from appropriations made
under ARRA.
1.3. "ARRA Project" means a project or program funded directly by or assisted, in whole or in part,
by ARRA Funds.
1.4. "Contract" means the contract to which these Supplemental Provisions are attached and
includes a grant contract or a loan contract.
1.5. "Contracting Entity" means a Prime Recipient, a Subrecipient, or a Recipient Vendor.
1.6. "Contractor" means the party or parties to the Contract other than the Prime Recipient and
includes a grantee, subgrantee, or a borrower. For purposes of ARRA reporting, Contractor is
either a Subrecipient or a Recipient Vendor under this Contract.
1.7. "Entity" means a governmental body; legally recognized for profit or nonprofit business
organization, such as a corporation, limited liability company, or partnership; or sole proprietor
and excludes individual recipients of Federal assistance.
1.8. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public
Law 109-282).
1.9. "Prime Recipient" means a Colorado State Agency or Institution of Higher Education that
receives ARRA Funds directly from a Federal Agency in the form of a grant, loan, or
cooperative agreement.
1.10. "Subcontractor" means an Entity engaged by Contractor to provide goods or perform services
in connection with this contract.
1.11. "Subrecipient" means a non -Federal Entity receiving ARRA Funds through a Prime Recipient
to support the performance of the ARRA Project for which the ARRA Funds were awarded. A
Subrecipient is subject to the terms and conditions of the Federal award to the Prime Recipient,
including program compliance requirements. The term "Subrecipient" includes and may be
referred to as Subgrantee.
1.12. "Supplemental Provisions" means these Supplemental Provisions for Contracts and Grants
Using Funds Provided under the American Recovery and Reinvestment Act of 2009, as may be
revised pursuant to ongoing guidance from the relevant Federal or State of Colorado Agency or
Institution of Higher Education.
1.13. "Vendor" means a dealer, distributor, merchant or other seller providing goods or services
required for a project or program funded by ARRA. A Vendor is not subject to all the terms and
conditions of the Federal award, and all program compliance requirements do not pass through
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CMS# 4083
Amendment # One
Exhibit Two
to a Vendor. However, a Vendor may be subject to selected program compliance requirements.
See §22 of these Supplemental Provisions.
1.13.1 "Recipient Vendor" means a Vendor that receives ARRA Funds from a Prime
Recipient.
1.13.2 "Subrecipient Vendor" means a Vendor that receives ARRA Funds from a
Subrecipient.
2. Compliance. Contractor shall comply with all applicable provisions of ARRA and the regulations
issued pursuant thereto, including but not limited to these Supplemental Provisions. Any revisions to
such provisions or regulations shall automatically become a part of these Supplemental Provisions,
without the necessity of either party executing any further instrument. The State of Colorado may
provide written notification to Contractor of such revisions, but such notice shall not be a condition
precedent to the effectiveness of such revisions.
3. ARRA Contracts and Subcontracts. Contractor shall include these Supplemental Provisions in all
of its contracts and subcontracts using ARRA Funds, in whole or in part, and shall provide written
notification of revisions hereto to all parties to such contracts or subcontracts in accordance with §2
above. Contractor shall ensure that all subcontractors comply with applicable provisions of ARRA.
4. Debarred or Suspended Entities. Contractor shall not enter into any contract or subcontract in
connection with this Contract with a party that has been debarred or suspended from contracting with
the Federal Government or the State of Colorado. See Excluded Parties List System at
https://www.epls.gov/.
5. Conflict of Laws. In the event of a conflict between the laws of the State of Colorado or these
Supplemental Provisions and ARRA, ARRA shall control.
6. Whistle Blower Protection. ARRA §1553. Contractor shall not discharge, demote or otherwise
discriminate against an employee as a reprisal for disclosures by the employee of information that the
employee reasonably believes is evidence of: (a) gross mismanagement of a contract or grant
relating to ARRA Funds; (b) a gross waste of ARRA Funds; (c) a substantial and specific danger to
public health or safety related to the implementation or use of ARRA Funds; (d) an abuse of authority
related to implementation or use of ARRA Funds; or (e) a violation of law, rule, or regulation related to
a contract, including the competition for or negotiation of a contract or grant, awarded or issued
relating to ARRA Funds. Contractor shall post a notice of the rights and remedies available to
employees under ARRA §1553 in all workplaces where employees perform work that is funded in
whole or in part by money authorized under the ARRA. A sample notice can be found at
www.recovery.gov/?q=content/whistleblower-information. Contractor specifically acknowledges that
Contractor and its employees are aware of and shall abide by the provisions of ARRA §1553.
Contractor shall include the language and requirements of this subsection ("Whistleblower Protection
under §1553 of the ARRA") in all of its contracts and agreements with employees, subcontractors and
anyone else who performs work on behalf of Contractor.
7. False Claims Act. 31 U.S.C. H3729-3733. Contractor shall refer promptly to an appropriate Federal
Inspector General any credible evidence that a principal, employee, agent, contractor, subgrantee,
subcontractor or other person has committed a false claim under the False Claims Act or has
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity,
or similar misconduct involving ARRA funds.
8. Reporting of Fraud, Waste, and Abuse. Contractor shall also refer promptly to the Colorado Office
of the State Controller (OSC) any credible evidence that a principal, employee, agent, contractor,
subgrantee, subcontractor, or other person has committed a criminal or civil violation of laws
pertaining to fraud, waste, and abuse involving ARRA Funds. The OSC shall report such incidents of
misconduct to the appropriate State Agency and appropriate Federal authority. Contact information
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CMS# 4083
Amendment # One
Exhibit Two
for reporting fraud, waste, and abuse to the OSC is located at
http: //www. colorad o. gov/d pa/dfp/sco/contracts/AR RA/AR RA_M a i n_Pag e. htm
9. Inspection of Records. ARRA §§902, 1515, Contractor shall permit the United States Comptroller
General and his or her representatives or any representative of an appropriate Inspector General
appointed under §3 or §8G of the Inspector General Act of 1978, as amended (5 U.S.C. App.) to: (a)
examine any records of the Contractor or any of its Subcontractors that directly pertain to, and involve
transactions relating to this Contract or any contract or subcontract using ARRA Funds; and (b)
interview any officer or employee of Contractor or any of its Subcontractors regarding such
transactions. Contractor shall permit the State of Colorado, the Federal Government or any other duly
authorized agent of a governmental agency with jurisdiction to audit, inspect, examine, excerpt, copy
and/or transcribe Contractor's or such Subcontractor's records during the term of this Contract and for
a period of three years following termination of this Contract or final payment hereunder, whichever is
later, to assure compliance with these terms or to evaluate Contractor's performance hereunder.
10. Wage Rate Requirements — Davis -Bacon Wage Determinations. ARRA §1606. Contractor and its
Subcontractors shall pay all laborers and mechanics employed on ARRA Projects by Contractor or
any of its Subcontractors at wage rates not less than those prevailing on projects of a character
similar in the locality, as determined by the United States Secretary of Labor in accordance with
Subchapter IV of Chapter 31 of Title 40 of the United States Code. The Secretary of Labor's
determination regarding the prevailing wages applicable in Colorado is available at
http://www.gpo.gov/davisbacon/co.html.
11. Job Opportunity Posting Requirements. Governor's Executive Order D 01409. Contractor shall
post notice of job openings created by ARRA funded projects on the Colorado Department of Labor
and Employment job website, http://www.connectingcolorado.com. In the performance of this duty,
Contractor and any of its Subcontractors shall post jobs on Connecting Colorado Job Site that clearly
designates the job opening as an ARRA job in a form and manner prescribed by the Colorado
Department and Labor and Employment.
12. Buy American Requirement - Construction. ARRA §1605. All iron, steel and manufactured goods
used in any ARRA Project for the construction, alteration, maintenance, or repair of a public building
or public work shall be produced in the United States in a manner consistent with United States
obligations under international agreements. This requirement can be waived only by the awarding
Federal Agency in limited situations.
13. Environmental and Preservation Requirements. ARRA §1609. Contractor shall comply with all
applicable Federal, State, and Local environmental and historic preservation requirements and shall
provide any information requested by the awarding Federal Agency to ensure compliance with
applicable laws, including National Environmental Policy Act, as amended (42 U.S.C. 4321-4347) and
National Historic Preservation Act (16 U.S.C. 470 et seq.).
14. Non-discrimination. Contractor shall comply with Title VI and Title VII of the Civil Rights Act of 1964
(42 U.S.C. §2000d et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.),
Title IX of the Education Amendments of 1972 (20 U.S.C. 1681-1688), the Age Discrimination Act of
1975 (42 U.S.C.6101-6107), and other civil rights laws applicable to recipients of Federal financial
assistance.
15. Identification and Registration Information. If Contractor is a Subrecipient, Contractor shall obtain
a Dun & Bradstreet DUNS number (or update the existing DUNS record), and register with the
Central Contractor Registration (CCR), the primary registrant database for the Federal government.
16. Fixed Price — Competitively Bid. ARRA §1554. Contractor, to the maximum extent possible, shall
award subcontracts as fixed -price subcontracts under this Contract using competitive bid procedures.
Contractor shall provide to its Contracting Entity a summary of any contract or subcontract awarded
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CMS# 4083
Amendment # One
Exhibit Two
using ARRA Funds that is not fixed -price or not awarded using competitive procedures.
17. Publication. Contractor shall include the Colorado Recovery logo on all project signage, and is
encouraged, to the maximum extent possible, to use the logo on all other publications in connection
with the activities funded by the Prime Recipient that use ARRA funds.
18. Prohibition on Use of Funds. ARRA §1604. ARRA funds shall not be used for any casino or other
gambling establishment, aquarium, zoo, golf course, or swimming pool.
19. Enforceability. If Contractor fails to comply with all applicable Federal and State requirements
governing the use of ARRA funds, the State of Colorado may withhold or suspend, in whole or in part,
funds awarded under the ARRA project, or recover misspent funds following an audit pursuant to §9,
above. The remedy under this provision shall be in addition to all other remedies provided to the State
of Colorado for recovery of misspent funds available under all applicable State and Federal laws.
20. One Time Funding. Contractor acknowledges and understands that ARRA Projects will not be
continued with funds appropriated by the State of Colorado after ARRA Funds are expended or are
no longer available.
21. Segregation of Costs. Contractor shall segregate obligations with respect to and expenditures of
ARRA Funds from other sources of funding. ARRA Funds shall not be comingled with any other funds
or used for a purpose other than the payment of costs allowable under ARRA.
22. Reporting. §1512, FFATA §2. Contractor shall report to its Contracting Entity the data elements
required in §23 if Contractor is a Subrecipient or in §24 if Contractor is a Recipient Vendor. No direct
payment shall be made to Contractor for providing any reports required under these Supplemental
Provisions, as the cost of producing such reports shall be deemed included in the Contract price. The
reporting requirements in §§23 and 24 are based on guidance from the US Office of Management
and Budget (OMB), and as such are subject to change at any time by OMB. Any such changes shall
be automatically incorporated into this Contract and shall become part of Contractor's obligations
under this Contract. The State may provide written notice to Contractor of any such change in
accordance with §2 above, but such notice shall not be a condition precedent to Contractor's duty to
comply with revised OMB reporting requirements. The Colorado Office of the State Controller shall
provide summaries of revised OMB reporting requirements as well as reporting templates for
Subrecipients and Recipient Vendors at:
http: //www. colorado. gov/d pa/dfp/sco/contracts/AR RA/AR RA_M ai n_Pag e. htm
23. Subrecipient Reporting. If Contractor is a Subrecipient, Contractor shall report to its Contracting
Entity as set forth below.
23.1 Initial Reporting. A Subrecipient shall report the following data elements to its Contracting
Entity upon the effective date of the contract:
23.1.1 Subrecipient DUNS Number
23.1.2 Congressional District of Subrecipient
23.1.3 Primary Place of Performance Information, including: Street Address, State, Country,
City, Zip code + 4
23.1.4 Subrecipient Officers' Names (Top 5) if all three criteria are met:1) 80% or more of
Subrecipient's annual gross revenue is from Federal contracts, 2) Subrecipient's
annual gross revenue from Federal contracts is $25 million or more, and 3)
Subrecipient's officer names are not publicly available. See page 19 of Recipient
Reporting Data Model V3.0 for Quarter Ending September 30, 2009 at
http://www.colorado.gov/dpa/dfp/sco/contracts/ARRA/ARRA_Main Page.htm.
23.1.5 Subrecipient Officers' Total Compensation (Top 5) if criteria in §23.1.4 met
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Amendment # One
Exhibit Two
23.2 Monthly Reporting. A Subrecipient shall report to its Contracting Entity no later than the 25th
day of each month the following inception -to -date data elements as of the end of the prior
month:
23.2.1 Job Creation Narrative for both the Subrecipient and the Subrecipient's Vendors
23.2.2 Number of Jobs Created or Retained for both the Subrecipient and the Subrecipient's
Vendors
23.2.3 SubAward number or other identifying number assigned by the Subrecipient to each
Subrecipient Vendor (this number cannot be a personal identifying number such as a
social security number or federal employer identification number)
23.2.4 Vendor name and Zip code + 4 of Vendor's Headquarters for each Subrecipient
Vendor; the Subrecipient Vendor's DUNS number may also be provided if available
23.2.5 Subrecipient shall establish reporting deadlines for its Subrecipient Vendors.
24. Recipient Vendor Reporting. A Recipient Vendor shall report to its Contracting Entity no later than
the 25`h day of each month the following inception -to -date data elements as of the end of the prior
month:
24.1.1 Job Creation Narrative
24.1.2 Number of Jobs Created or Retained
25. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of
default under the Contract and the State of Colorado may terminate the Contract upon 30 days prior
written notice if the default remains uncured five calendar days following the notice period. This
remedy will be in addition to any other remedy available to the State of Colorado under the Contract,
at law or in equity.
26. Reporting Framework — see chart below.
FederalAgency
Prime Recipient
Subrecipient —
Subrecipient Vendor
Recipient Vendor
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