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HomeMy WebLinkAbout20072588.tiff RESOLUTION RE: APPROVE WELD COUNTY , CONSERVATION CORPS CONTRACT AND AUTHORIZE CHAIR TO SI N G ERNOR'S COMMISSION ON COMMUNITY SERVICE, COLORADO AM CORPS OGRAM WHEREAS, the rd of County Commi ioners of Weld County, Colorado, pursuant to Colorado statute an e Count e Rule Charter, is vested with the authority of administering th airs f Weld County, Colorado, and EREAS,the B and has been presented with a Weld County Youth Conservation Corps Contract between the C unty of Weld, State of Colorado, by and through the Board of County Commissioners of Wel County, on behalf of the Department of Human Services, Employment Servii-s of Weld Co ty, and overnor's Commission on Community Service, Colorado Amen rps Progra , com nci g September 10, 2007, and ending September 9, 2008, with further to ' s and ndition. being -s sta -d in said contract, and WHE , S, after re iew, the Board deems it advisable to approve said contract, a copy of which is attache• ereto an incorporated he • by reference. NOW, THER ORE, B= IT RESOLV by t Board of County Commissioners of Weld County, Colorado, that t - Weld ou ty Youth onservation Corps Contract between the County of Weld, State of Colorado, •y and thr ugh the oard of County Commissioners of Weld County, on behalf of the Department . Human ervic , Employment Services of Weld County, and the Governor's Commission on Co unity • e, C ra o eriCorps Program, be, and hereby is, approved. BE IT FURTHER RESOLVED . the Board at the Chair be, and hereby is, authorized to sign said contract. The above and foregoing Resolution w , on motion duly mad conded,adopted by the following vote on the 15th day of August, A..., 2007. BO D OF COUNTY C ISSIONERS �^it it, WELD COUNTY, C RADO ATTEST: a +,'1 EXCUSE► �t i i�� David E. Lo e, Chair Weld County Clerk to William . Jer - , -Tem BY: iJ 1% �. . rl De tyCle totheBo -r _ a William F. Garcia APP-ROV)<DAAS ,- % '+''. EXCUSED Robert D. Masden o my Attorney �/d)w,R Ar— c_ ademacher a Date of signature: 7 D7 2007-2588 HR0078 ('� ; lfSC && 7) 09- 7 ist,t4H-- MEMORANDUM DATE: August 10, 2007 'W TO: David E. Long, Chair Board of County Commi si ners I`p FROM: Walter J. Speckman, Executive Director COLORADO SUBJECT: Contract between Employment Services of Weld County and the Governor's Commission on Community Service, Colorado AmeriCorps Program Enclosed for Board approval is a contract between the Governors Commission on Community Service, Colorado AmeriCorps Program and Employment Services of Weld County for the continued operation of the Weld County Youth Conservation Corps/AmeriCorps Program. This contract is a result of the continuation proposal submitted by Employment Services to operate the Weld County Youth Conservation Corps/AmeriCorps Program. Funding provided for the Program is$163,800.00 and the period of performance is September 10, 2007 through September 9, 2008. If you have any questions, please telephone me at 353-3800. 2007-2588 Contract number: WELD COUNTY YOUTH CONSERVATION CORPS CONTRACT THIS CONTRACT,made this July 10,2007 by and between the State of Colorado for the use and benefit of the Office of the Lieutenant Governor on behalf of the Governor's Commission on Community Service,Colorado AmeriCorps Program, 130 State Capitol,Denver,Colorado 80203,and its fiscal agent,the Department of Personnel and Administration,"State,"and the Board of Weld County Commissioners,Weld County Division of Human Services(P.O.Box 1805, 1551 N. 17'"Ave.,Greeley,CO 80632),"Contractor." WITNESSETH: 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 Agency EBB,Fund Number 100,Appropriation Code ,Contract Encumbrance Number ,and WHEREAS,the State has applied for and received funding under the authority of the National and Community Service Act of 1990,as amended by the National and Community Service Trust Act(42 U.S.C. ` 12501 et seq.)and its implementing regulations 45 C.F.R. ` 2510 et seq.,AmeriCorps Grant Award;and WHEREAS,this award does not fall under the requirements of the State's procurement process for the award of grants as adopted in 03SB58; and WHEREAS,the Contractor has applied for and is eligible to receive funding under the National and Community Service Trust Act; and WHEREAS,the Governor's Commission on Community Service desires to distribute said funds and the Governor has approved pursuant to law;and WHEREAS,at the date of execution of this agreement,the Contractor meets all other requirements for entering into this contract. NOW THEREFORE,the parties enter into the following agreement: I. Legislative Authority This contract is authorized by and subject to the National and Community Service Act of 1990 as amended,codified as 42 U.S.C. 12501 et seq.,and 45 C.F.R. Part 2510 et seq,AmeriCorps Grant Award. II. Legal Authority The Contractor warrants that it possesses the legal authority to enter into this contract. The person or persons signing this contract on behalf of the Contractor also warrant that they have full authorization to execute this contract. III. State Responsible Administrator Questions related to this project or performance under this contract should be directed to the following State representative: Toya Nelson, Executive Director,Governor's Commission on Community Service, 130 State Capitol,Denver, Colorado 80203,PH: (303) 866-2524;FAX: (303) 866-2525. IV. Scope of Services In consideration for the monies to be received from the State, the Contractor shall perform, in a satisfactory and proper manner, as determined by the State, all work set forth in the "Statement of Work/Budget", attached as Exhibit A, as explained by relevant portions of the Weld County Youth Conservation Corps grant proposal submitted to and accepted by the Corporation for National and Community Service,both of which are incorporated by reference,and which collectively hereinafter are referred to as the"Project." The Contractor shall provide matching funds in the amounts and cost categories specified in the "Grantee Share" of the Budget incorporated in Exhibit A. The contractor shall be responsible for performing the services in accordance with the performance measures,attached and incorporated herein as Exhibit B. Weld Cruelty Youth Conservation Corns 1 of R V. Program Requirements and General Provisions The Contractor agrees to perform in accordance with, and to comply with, the AmeriCorps Requirements and Provisions issued by the Corporation for National and Community Service,and all revisions,refinements,and modifications as may be made thereto,which are a part of this contract and incorporated herein by this reference. Copies of these provisions are provided to the Contractor and are available on file with the State. VI. Responsible Contract Administrator The performance of the services required herein shall be under the direct supervision of Ted Long, Program Director,an employee or agent of the Contractor,who is hereby designated as the administrator-in-charge of this Project. If at any time the administrator-in-charge is not assigned to this Project,a mutually acceptable replacement administrator-in-charge shall be designated,and the State shall receive notification of such replacement assignment and the plan to permanently fill the administrator position. VII. Statement of Work\Budget Modification Procedures. The Contractor may modify the Statement of Work\Budget in accordance with the procedures set forth in Section XVII, Subsection 1, "Modification and Amendment," and must be made with prior approval by the State Responsible Administrator. VIII. Period of Performance The Contractor agrees to commence delivery of the contemplated services on September 10,2007 or when approved by the State Controller,and agrees to deliver such services in as expeditious a manner as possible,but in any event services for which payment is contemplated by the terms of this contract shall be completed by September 9,2008. IX. Contract Amount In consideration of the satisfactory performance of the Contractor under this contract,the State shall reimburse the Contractor, subject to additions and/or deductions as provided by or pursuant to modification, an amount not to exceed one hundred sixty three thousand and eight hundred dollars,($163,800),and in no event shall obligation be made after the end date of this contract. X. Method of Payment The method of payment under this contract will be cost reimbursement with all contract costs charged to the budget categories specified in the total contract amount of the budget. No costs will be chargeable to a budget category except to the extent that such benefits are received by such category. XI. Reimbursement Procedures If costs incurred are allowable and warranted,the State will reimburse the Contractor monthly and no less frequently than quarterly. To receive payment,the Contractor shall submit certified invoices in such form and detail as required by the State. XII. Advance Payments Monies obligated under this contract may be made available on an advance payment basis.Utilizing this procedure, cash may be advanced to the Contractor to cover estimated disbursement needs for the initial period. Thereafter,the Contractor shall be reimbursed for its actual cash disbursements. Such advances shall be subject to the following provisions: a. Requests for advance can be made on a need basis. However,no more than one month's advance amount can be outstanding at the end of any two (2) month period. Any advance payments or portion thereof outstanding at the end of the contract period will become immediately due and payable to the State;and b. The request for advance shall be accompanied by a detailed statement of costs disbursed to date and a detailed estimate of costs to be disbursed during the period covered by the advance. Weld County Youth Conservation Corns 2 of Q Advance payments may be limited or eliminated at any time by the State should the Contractor's lack of performance under this contract present a programmatic or financial risk to the State. XIII. Taxes All participants receiving wages or wage equivalent payments(living allowances),must have appropriate Federal, State,and local income tax withheld on those earnings. Federal Insurance Contributions(FICA)payments must also be withheld. XIV. Personnel The Contractor shall perform its duties hereunder as a 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. The Contractor shall pay when due all required employment taxes and income tax withholding,shall provide and keep in force worker's compensation (and show proof of such insurance) 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. The Contractor is responsible for providing Workmen's Compensation Coverage and Unemployment Compensation Coverage for all its employees to the extent required by law,and for providing such coverage for themselves. The contractor is required to provide Workmen's Compensation coverage to all AmeriCorps Members. In no case is the State responsible for providing Workmen's Compensation Coverage for any employees or subcontractors of the Contractor pursuant to this agreement, and the Contractor agrees to indemnify the State for any costs for which the State may be found liable in this regard. XV. Equal Employment Opportunities/Affirmative Action The Contractor shall insure Equal Employment Opportunities(EEO)to all individuals as required by law.EEO shall mean that no individual shall be excluded from participation in,denied the benefits of,subjected to discrimination under,or denied employment in administration of, or in any program funded under this section because of race, color, national origin, age, condition of a disability,marital status or creed. 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 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 1964. Programs and activities funded under this Act are considered to be programs receiving Federal financial assistance and are subject to all provisions of EEO. XVI. American Disabilities Act Provision The Contractor assures the State that at all times during the performance of this contract that no qualified individual with a disability shall, by reason of such a disability, be excluded from participation in or denied benefits to the services, programs,or activities performed by the Contractor,or be subjected to any discrimination by the Contractor upon which assurance the State relies. XVII. General Contract Provisions a. Federal Funding. Payment pursuant to this contract,if in Federal funds,whether in whole or in part,is subject to and contingent upon the continuing availability of the federal funds for the purposes hereof. In the event that said funds,or any part thereof,becomes unavailable as determined by the State,the State may immediately terminate this contract. b. Compensation. Unless otherwise provided,the State shall establish billing procedures and reimburse the Contractor for actual,reasonable and necessary expenses incurred in providing services pursuant to this contract,based on the submission of quarterly itemized expenditure statements. Any advance payments or portion thereof outstanding at the end of the contract period will become immediately due and payable to the State. Payments pursuant to this contract shall be made as earned,in whole or in part,from available Federal funds encumbered for the purchase of the described services. The liability of the State,at any time, for such payments shall be limited to the amount of such encumbered funds remaining. In the event this contract is terminated,final payment to the Contractor may be withheld at the discretion of the State until the State tenders final acceptance of the Contractor's performance or completion of a final audit by the State. Incorrect payments to the Contractor due to omission, error, fraud, or defalcation shall be recovered from the Wald County Youth Conservation Corns 3 of R Contractor either by the Contractor reimbursing the State or by deduction from subsequent payments under this contract or other contracts between the State and the Contractor,or by the State as a debt due to the State. c. Confidentiality of Records. In the event the Contractor shall obtain access to any records or files of the State in connection with,or during the performance of,this contract,the Contractor shall keep such records and information confidential and shall comply with all laws and regulations concerning the confidentiality of such records to the same extent as such laws and regulations apply to the State. The Contractor agrees to notify and advise in writing,all employees,agents,consultants,licensees,or sub-contractors of the said requirements of confidentiality and of possible penalties and fines imposed for violation thereof,and secure from each an acknowledgment of such advisement and agreement to be bound by the terms of this agreement as an employee, agent, consultant,licensee or sub-contractor of the Contractor,as the case may be. Any breach of confidentiality by the Contractor or third party agents of the Contractor shall constitute good cause for the State to cancel this contract,without liability;any and all information delivered to the Contractor shall be returned to the State. Any State waiver of an alleged breach of confidentiality by the Contractor or third party agent of the Contractor is not to imply a waiver of any subsequent breach. d. Ownership of Materials and Information. The Contractor agrees that all materials, information, data, computer software,documentation, studies and evaluations produced in performance of this contract is the sole property of the State. e. Reporting. Unless otherwise specified,the Contractor will submit quarterly fiscal and narrative reports in the format designated by the Corporation for National and Community Service. 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. The preparation 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. Required reports shall be submitted to the Govemor—s Commission on Community Service no later than the end of each calendar quarter and upon the expiration and termination of the contract,or at such time as otherwise specified. f. Records. In accordance with C.F.R.76.734,which implements 20 U.S.C. 1232f(a),grantees and subgrantees must retain records for five years after completion of the activity for which they use grant or subgrant funds. The Contractor shall maintain a complete file of all records,documents,communications and other materials which pertain to the operation of programs or the delivery of services under this contract. Such materials shall be sufficient to properly reflect all direct and indirect costs of labor,materials,equipment,supplies,and services,and other costs of whatever nature for which a contract payment was made. These records shall be maintained according to generally accepted accounting principles and shall be easily separable from other Contractor records. All such records, documents, communications, and other materials shall be the property of the State and shall be maintained by the Contractor,in a central location and custodia,on behalf of the State,for a period of five(5)years from the date of final payment under this contract,or for such further periods as may be necessary to resolve any matters pending(including audits performed by the federal government). g. Performance Monitoring. The Contractor shall permit the State, the Corporation for National and Community Service,or any other duly authorized agent or governmental agency,to monitor all activities conducted by the Contractor pursuant to the terms of this contract. Such monitoring may consist of internal evaluation procedures,examination of program data,special analysis,on-site checking,formal audit examinations,or any other reasonable procedures. All such monitoring shall be performed in a manner that shall not unduly interfere with contract work. The Contractor authorizes the State to perform audits or inspections of its records at any reasonable time during the term of this contract and for a period of three(3)years following the termination of this contract. h. Non-performance Remedies. In addition to other specified remedial actions,the State may exercise the following remedial actions should it find that the Contractor substantially failed to satisfy or perform the duties and obligations in this contract. Substantial failure to satisfy the duties and obligations shall be defined to mean insufficient, incorrect, improper activities or inaction by the Contractor. These remedial actions are as follows: 1)Withhold payment to the Contractor until the necessary services or corrections in performance are satisfactorily completed;2)Request the removal from work on the contract of employees of the Contractor whom the State justifies as being incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued employment on the contract it deems to be contrary to the public interest or not in the best interest of the State; 3) Deny payment for those services or obligations which have not been performed and which due to circumstances caused by the Contractor cannot be performed or if performed would be of no value to the State. Denial of the amount of payment must be reasonably related to the amount of work or performance lost to the State;or,4)terminate the contract without compensation for termination costs. Weld Cnunty Youth Cnnenrvatinn Cnrns 4 of Q i. Non-assignability. Unless otherwise provided, the duties and obligations of the Contractor cannot be assigned, delegated,nor sub-contracted except with the express written consent of the State. Sub-contracts permitted by the State shall be subject to the requirements of this contract and the Contractor is responsible for the performance of any sub-contract. In addition, except as otherwise provided,this contract shall inure to the benefit of,and be binding upon,the parties hereto and their respective successors and assigns. Copies of any and all contracts entered into by the Contractor in order to accomplish this project shall be submitted to the Governor=s Commission on Community Service,Colorado AmeriCorps Program,upon execution,and any and all contracts entered into by the contractor or any of its sub-contractors shall comply with all applicable federal and state laws and shall be governed by the laws of the State of Colorado,notwithstanding provisions therein to the contrary. j. Litigation. Unless otherwise provided the Contractor shall notify the State,within five(5)days after being served with a summons,complaint,or other pleading in a case which involves services provided under this contract and which has been filed in any Federal or State court or administrative agency,and shall deliver copies of such document to the State. k. Continued Performance/Disputes. Any disputes arising under this contract shall be resolved in accordance with AmeriCorps Program regulations and procedures established by the State and the Corporation for National and Community Service. Performance under this agreement shall continue pending resolution of any such dispute. 1. Modification and Amendment. i. Modification by Operation of Law. The Contract is subject to such modifications as may be required by changes in federal or state law or regulations. Any such modifications shall be incorporated into and be part of this Contract as if fully set forth herein. ii. Programmatic or Budgetary Changes. This Contract has a simplified Change Letter Procedure for modifying this Contract for the following reasons: 1) When there are additional federal statutory or regulatory compliance changes; 2) When additional or less AmeriCorps Program funds are needed; 3) When the Statement of Work\Budget,objectives or completion date of the Project changes as determined by the Department; 4) Unless otherwise specified in the Statement of Work\Budget,when cumulative budgetary line item changes exceed ten percent(10%)of total contract amount; 5) When any budget transfers between administration budgetary categories are proposed; under such circumstances,the State=s approval is not binding until memorialized in a fully executed Change Letter as specified in subparagraph iii below. iii. Bilateral Change Order Process. Bilateral changes within the general scope of the contract, as defined in Paragraph IV and detailed in Exhibit C, may be executed using the change order process described in this paragraph and a form substantially equivalent to the sample change order letter attached as Exhibit C. Contractor must submit a written request to the State Responsible Administrator if programmatic or budgetary modifications are desired. A copy of all such Change Letters initiated per this subparagraph shall be provided to the accounting office of the State. All modifications to this Contract, Paragraph VI - Responsible Contract Administrator,Paragraph VIII-Period of Performance,Paragraph IX-Contract Amount,Exhibit A-Statement of Work\Budget,are hereby incorporated herein by reference. All other modifications to this Contract must be accomplished through amendment to the contract pursuant to fiscal rules. iv. Other Modifications. If either the State or the Contractor desires to modify the terms of this Contract other than as set forth in subparagraphs ii)and iii)above,written notice of the proposed modification shall be given to the other party. No such modification shall take effect unless agreed to in writing by both parties in an amendment to this Contract properly executed and approved in accordance with applicable law. Any amendment required per this subparagraph will require the approval of other appropriate state agencies,e.g.Attorney General,State Controller,etc. m. Termination. Any provision of this contract to the contrary notwithstanding,in the event termination of this contract becomes necessary, in the State's sole discretion, to comply with any court order concerning State personal services contracts generally,or this contract specifically,this contract may be terminated by the State immediately upon the giving of notice to the Contractor without further obligation of the State. Wald County Youth Conservation Corns 5 of 9 Otherwise,the State shall have the right to terminate this contract for nonperformance by giving the other party seven (7)days notice by certified or registered mail,return receipt requested. If notice is so given,this contract shall terminate on the expiration of the seven(7)days,and the liability of the parties hereunder from further performance of the terms of this contract shall thereupon cease,but the parties shall not be released from the duty to perform their obligations up to the date of termination. Termination of this contract for nonperformance shall not be construed to limit in any way the State=s other available remedies at law for any Contractor=s breach. n. Termination For Convenience. The State may terminate this contract at any time the State determines that the purposes of the distribution of monies under the contract would no longer be served by completion of the Project. The State shall effect such termination by giving thirty(30)days written notice of termination to the Contractor and specifying the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in paragraph "d", Ownership of Materials and Information shall,at the option of the State,become its property. o. Severability. To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract,the terms of this contract 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,or the same term upon subsequent breach. p. Lobbying Activities The Contractor assures that it shall comply with Public Law 101-121,Section 319,29 CFR Part 93,restrictions on lobbying. q. Drug-Free Workplace The Contractor shall ensure compliance with the Drug-Free Workplace Requirements for Federal Grant Recipients under Sections 5153-5158 of the Anti-Drug Abuse Act of 1988 (41 U.S.C. ` 702-707). r. Political Activity No funds paid to the Contractor hereunder shall be used for any partisan or non-partisan political activity or to further the election or defeat of any candidate for public office;nor shall they be used to provide services,or for the employment or assignment of personnel in a manner supporting or resulting in the identification of programs conducted pursuant to this contract with(1)any partisan or non-partisan political activity or any other political activity associated with a candidate,or contending faction or group,in an election for public or party office;(2)any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election; (3) any voter registration activity. The Contractor shall otherwise comply with the requirement of 5 U.S.C.`1501-1508,which are incorporated herein by this reference as if fully rewritten. s. Financial and Uniform Administrative Requirements. By accepting this Contract,the Contractor agrees to comply with the AmeriCorps Grant and applicable Federal statutes,regulations and guidelines. The Contractor agrees to operate the funded Program in accordance with the approved Grant application and budget,supporting documents,and other representations made in support of the approved Grant application. The applicable Federal cost principles,statutory and administrative provisions can be found in the AmeriCorps Provisions,provided to the Contractor by the State. t. Audit Requirements Audit requirements for nonprofit organizations or institutions of higher education are covered in OMB Circular A-133,and OMB Circular A-128 covers requirements for government agencies. The circulars contain the audit requirements for Federal grantees. The purpose of the circulars is to set uniform audit standards and to minimize the need for multiple audits when you have more than one Federal grant. The cost of the audit is an "administrative cost." u. Noncompliance with OMB Standards Contractors who do not comply with contract terms or OMB requirements, may have costs charged to the contract questioned or disallowed following an audit. (If the financial management system is seriously inadequate,the State can stop making advance grant payments,suspend funding,terminate the contract,recover funds,or take other legal steps.) Most common audit findings resulting in questioned or disallowed costs include: • Inadequate accounting practices; • Poor internal controls; • Inadequate documentation and record keeping; • Inaccurate financial status reports; and • Failure to return interest on Federal grant funds. v. Required Financial Documentation All costs charged to the contract must be documented. For example, the contractor must maintain signed time and attendance records for each and every individual employee and payroll documents Weld County youth Cnnsnrvatinn Corns R of R approved by an official of the organization. Individual time distribution records must be maintained for allocating an employee's salary between this contract and other funding sources. Source documentation must be maintained for other costs such as receipts, travel vouchers,invoices,bills,or affidavits. Volunteer costs must be documented. All in-kind and other matching contributions, including grant award documents and receipts from other funding sources must be documented. XVIII. Discretionary Audit The State, through the Executive Director of the Department, the State Auditor, or any of their duly authorized representatives,including an independent Certified Public Accountant of the State's choosing,or the federal government or any of its properly delegated or 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. Such 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 final payment for this Project is received by the Contractor,provided that the audit is performed during normal business hours. XIX. Actions to Achieve Plan The State shall have the option to recapture and/or reallocate unexpended funds necessary to achieve planned levels of activity within its total jurisdiction. XX. Entire Understanding. This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition,deletion,or other amendment hereto shall have any force or effect whatsoever,unless embodied herein in writing. No subsequent novation,renewal,addition,deletion,or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. SPECIAL PROVISIONS 1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1) This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate. 2. FUND AVAILABILITY. CRS 24-30-202 (5.5) 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. 3. INDEMNIFICATION. 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. 4. 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 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. 5. NON-DISCRIMINATION. The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. 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, Wald County`Muth Cnnsarvatinn Corns 7 of 9 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. 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. 7. VENDOR OFFSET. CRS 24-30-202 (1)&CRS 24-30-202.4 Pursuant to CRS 24-30-202.4(as amended),the State Controller may withhold debts owed to State agencies under the vendor offset intercept system for:(a)unpaid child support debt or child support arrearages; (b)unpaid balance of tax,accrued interest, or other charges specified in Article 21,Title 39,CRS; (c)unpaid loans due to the Student Loan Division of the Department of Higher Education; (d)owed amounts required to be paid to the Unemployment Compensation Fund;and(e)other unpaid debts owing to the State or any agency thereof,the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller. 8. SOFTWARE PIRACY PROHIBITION Governor's Executive Order D 002 00 No State or other public funds payable under this Contract shall be used for the acquisition, operation, or maintenance of computer software in violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies that,for the term of this Contract and any extensions,the Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the Contractor is in violation of this paragraph,the State may exercise any remedy available at law or equity or under this Contract,including,without limitation,immediate termination of the Contract and any remedy consistent with United States copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507 The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. 10. ILLEGAL ALIENS-PUBLIC CONTRACTS FOR SERVICES. CRS 8-17.5-101 and 24-76.5-101 The Contractor certifies that the Contractor shall comply with the provisions of CRS 8-17.5-101 et seq. The 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 the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. The Contractor represents,warrants,and agrees that it(i)has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and(ii) otherwise will comply with the requirements of CRS 8-17.5- 102(2)(b). The Contractor shall comply with all reasonable requests made in the course of an investigation under CRS 8-17.5-102 by the Colorado Department of Labor and Employment. If the Contractor fails to comply with any requirement of this provision or CRS 8-17.5-101 et seq., the State may terminate this contract for breach and the Contractor shall be liable for actual and consequential damages to the State. A Contractor that operates as a sole proprietor hereby swears or affirms under penalty of perjury that the Contractor(i)is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law,(ii)shall comply with the provisions of CRS 24-76.5-101 et seq, and(iii)shall produce one of the forms of identification required by CRS 24-76.5-103 prior to the effective date of this Contract. Except where exempted by federal law and except as provided in CRS 24-76.5-103(3), a Contractor that receives federal or state funds under this contract must confirm that any individual natural person eighteen years of age or older is lawfully present in the United States pursuant to CRS 24-76.5-103(4)if such individual applies for public benefits provided under this contract. Signatures appear on the next page. Weld County Youth Conservation Corps 8 of 9 • THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: GOVERNOR BILL RITTER Weld County Board of Commissioners By Legal Name of Contracting Entity Bruce Atchison,Chief of Staff Office of the Lieutenant Governor #84-6000-813 LEGAL REVIEW: Federal I.DNumber or Social Security Number ATTORNEY GENERAL By Signature of Authorized Officer Department of Personnel and Administration William H. Jerke Chair Pr.— Print Name&Title of Autho iOfficer An attestation is .uired Attest By ( Clerk to the Board (Place corporate seal here, if available.) By: g '.1,t ), 4 Deputy Clerk to the Board ATTESTING TO BOARD OF COUNTY COMMISSIONER SIGNATURES ONLY ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER 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. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below,the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: LESLIE M. SHENEFELT By Department of Personnel and Administration Date Weld County Youth Conservation Corps 9 of 9 0.74007-5257Y RPTBGT 424 July 10,2007 2:25 PM 5C iv '6 r7/9 Weld County Youth Conservation Corps (WCYCC) Board of Weld County Commissioners,Weld County Division of Human Application ID:07AC072335 Services Budget Dates: Total Amt CNCS Share Grantee Share Section I.Program Operating Costs A.Personnel Expenses 50,717 25,083 25,634 B. Personnel Fringe Benefits 18,269 9,035 9,234 C.Travel Staff Travel 0 0 0 Member Travel 16,000 4,321 11,679 Total $16,000 $4,321 $11,679 D.Equipment 0 0 0 E.Supplies 3,467 1,793 1,674 F.Contractual and Consultant Services 0 0 0 G.Training Staff Training 0 0 0 Member Training 7,620 0 7,620 Total $7,620 $0 $7,620 H.Evaluation 12,533 12,133 400 I.Other Program Operating Costs Travel to CNCS-Sponsored Meetings 2,000 0 2,000 Total $2,000 $0 $2,000 Section I.Subtotal $110,606 $52,365 $58,241 Section I Percentage 47% 53% Section II.Member Costs A.Living Allowance Full Time(1700 hrs) 133,200 93,240 39,960 1-Year Half Time(900 hours) 0 0 0 Reduced Half lime(675 hrs) 0 0 0 Quarter Time(450 hrs) 0 0 0 Minimum Time(300 hrs) 0 0 0 2-Year Half lime(2nd Year) 0 0 0 2-Year Half Time(1st Year) 0 0 0 Total $133,200 $93,240 $39,960 B.Member Support Costs FICA for Members 10,190 7,133 3,057 Worker's Compensation 0 0 0 Health Care 15,804 11,062 4,742 Total $25,994 $18,195 $7,799 Section II.Subtotal $159,194 $111,435 $47,759 Section II.Percentages 70% 30% Section III.Administrative/Indirect Costs A.Corporation Fixed Percentage Corporation Fixed Amount 7,560 0 7,560 Commission Fixed Amount 0 0 0 Total $7,560 $0 $7,560 B.Federally Approved Indirect Cost Rate Section III.Subtotal $7,560 $0 $7,560 Section III Percentage 0% 100% Section I+III.Funding Percentages 44% 56% Budget Totals $277,360 $163,800 $113,560 Budget Total Percentage 59% 41% Required Match 30% #of years Receiving CNCS Funds 5 Form 424A Modified SF-424A(4/88 and 12/97) Page 1 RPT_BGT 424 July 10,2007 2:25 PM Weld County Youth Conservation Corps (WCYCC) • Board of Weld County Commissioners,Weld County Division of Human Services Total MSYs 12.00 CostlMSY $13,650 Form 424A Modified SF-424A (4/88 and 12/97) Page 2 For Official Use Only Performance Measures Service Categories GED/Dropouts Rimary ❑ Secondary NI Other Environment Rimary El Secondary ❑ „• .. I z .:r , Service Category: Other Environment Measure Category: Participant Development Needs and Activities Briefly describe the need to be addressed (Max. 4,000 characters) Twelve full time AmeriCorps members will annually participate in corps citizenship activities designed to increase their knowledge of their roles, rights, and responsibilities as citizens. Members will participate in at least 20 hours of training covering the 12 month period from September to August the following year. Briefly describe how you will achieve this result(Max 4,000 chars.) Twelve AmeriCorps members will annually participate in 20 hours of citizenship training activities that focus on their roles, rights, and responsibilities as citizens. Activity Start Date:04 September 2006 Number of Members:12 Activity End Date: 03 September 2007 Hours per Day (on average)t Days per Week(on average)2 Results Result: Output Twelve AmeriCorps members will participate in citizenship training activities. Indicator: Number of hours members participate in citizenship training activities Target: Twelve AmeriCorps members w ill annually participate in 20 hours of citizenship training activities that focus on their roles, rights, and responsibilities as citizens. Target Value: 20 Instruments:WCYCC training logs PM Statement: Twelve AmeriCorps members w ill annually participate in citizenship training activities. Members w ill participate in 20 hours of citizenship training activities that focus on their roles, rights, and responsibilities as citizens. Rev. Yrs. Data:Twelve full time AmeriCorps members completed over 20 hours of training in citizenship through the tWe the Peoplet curriculum and use of additional information such as Liberty Day Colorado which provides information on the Constitution and the Bill of Rights. Result: Intermediate Outcome Participation in citizenship training activities will increase the corps members'knowledge of their rights and responsibilities as citizens. Indicator: Percentage of members who complete a minimum of 20 hours of traiing and who achieve a passing score on the WCYCC citizenship test For Official Use Only Page 11 For Official Use Only Result: Intermediate Outcome Target: 80% of the members w ill complete a minimum of 20 hours of participation in citizenship training activities and 80% of those members w ill achieve a passing score on the WCYCC citizenship test. Target Value: 80% Instruments:WCYCC citizenship test PM Statement: Participation in citizenship training activities w ill increase the corps memberst know ledge of their rights and responsibilities as citizens. 80% of the members w ill complete a minimum of 20 hours of participation in citizenship training activities and 80% of those members w ill achieve a passing score on the WCYCC citizenship test. Rev.Yrs. Data:Tw elve members completed 20 hours or more of training in citizenship activities designed to increase their know ledge of their roles as citizens. Of the members who completed the program and w ere available to take the post test, 100% (5 of 5) achieved a passing score on the WCYCC citizenship test. Result:End Outcome Members will be better prepared citizens as a result of their participation in citizenship training activities. They will understand their roles, rights, and responsibilities as citizens and thereby become more productive members of their community. hdicator: Percentage of members who register to vote and complete commitment card Target: 80% of completing members w ill make a commitment to register to vote and complete a pledge card and oath of affirmation indicating their commitment to continue to volunteer in their communities and to stay out of legal trouble. Target Value: 80% Instruments:WCYCC commitment form. PM Statement: Members w ill be better prepared citizens as a result of their participation in citizenship training activities. They w ill understand their roles, rights, and responsibilities as citizens and thereby become more productive members of their community. 80% of completing members w ill make a commitment to register to vote and complete a pledge card and oath of affirmation indicating their commitment to continue to volunteer in their communities and to stay out of legal trouble. Rev. Yrs. Data:Tw elve members completed 20 hours or more of training in citizenship activities designed to increase their know ledge of their roles as citizens. Of the members who completed the program and w ere available to take the post test, 100% (5 of 5) achieved a passing score on the WCYCC citizenship test. 100%l of the completing members (5 of 5) registered to vote in addition to signing an oath of affirmation that they would continue to volunteer and stay out of legal trouble. Service Category: Other Environment Measure Category: Needs and Service Activities Needs and Activities Briefly describe the need to be addressed (Max. 4,000 characters) AmeriCorps members will provide meaningful service to project sponsors which; target conservation efforts (environmental and historical), improve the environment, improve or create recreation areas including parks, trails, pools etc, and which meet the identified needs of local communities. Briefly describe how you will achieve this result(Max 4,000 chars.) For Official Use Only Page 12 For Official Use Only Briefly describe how you will achieve this result(Max 4,000 chars.) Twelve full time AmeriCorps members will provide meaningful service to the local communities in Weld County for 35 hours per week covering the 12 month period from September to August of the following year. Activity Start Date:04 September 2006 Number of Members: 12 Activity End Date: 03 September 2007 Hours per Day (on averagep Days per Week(on average)0 Results Result: Output AmeriCorps members will provide meaningful service to project sponsors which; target conservation efforts (environmental and historical), improve the environment, improve or create recreation areas including parks, trails, pools etc, and which meet the identified needs of local communities. Indicator: participants Target: Twelve full time AmeriCorps members w ill provide meaningful service to the local communities in Weld County for 35 hours per week covering the 12 month period from September to August of the following year. Members w ill annually complete projects th Target Value: 35 Instruments:Corps member time sheets and project tracking logs. PM Statement: AmeriCorps members w ill annually provide meaningful service to project sponsors which; target conservation efforts (environmental and historical), improve the environment, improve or create recreation areas including parks, trails, pools, etc., and which meet the identified needs of communities. Members w ill annually complete projects that focus on conservation efforts (environmental and historical), improve the environment, improve or create recreation areas including parks, trails, pools, etc. Rev. Yrs. Data:Tw elve full time members completed meaningful service to the local communities, agencies, and CBOts/FBOts in Weld County. Service activities focused on the identified needs of project sponsors. Result: Intermediate Outcome Twelve full time AmeriCorps members will provide meaningful service to the local communities in Weld County for 35 hours per week covering the 12 month period from September to August of the following year. Indicator: Number of environmental projects completed Target: Members w ill annually complete a minimum of 24 projects that focus on conservation efforts (environmental and historical), improve the environment, improve or create recreation areas including parks, trails, pools, etc. Target Value: 24 Instruments: Corps member time sheets and project tracking logs. PM Statement: AmeriCorps members w ill annually provide meaningful service to project sponsors which;target conservation efforts (environmental and historical), improve the environment, improve or create recreation areas including parks, trails, pools, etc., and which meet the identified needs of communities. Members w ill annually complete a minimum of 24 projects that focus on conservation For Official Use Only Page 13 For Official Use Only Result: Intermediate Outcome efforts (environmental and historical), improve the environment, improve or create recreation areas including parks, trails, pools, etc. Rev. Yrs. Data:Twelve full time members completed 74 projects benefiting 440,423 people (duplicated) through meaningful service to the local communities, agencies, and CBOgs/FBOts in Weld County. Service activities focused on the identified needs of project sponsors. Result: End Outcome Service projects will improve/enhance existing recreation areas, increase the user's knowledge of local history, and/or improve/conserve the local environment. Indicator: Percentage of project sponsors rating services as meeting or exceeding expectations Target: Annually, 20 of the 24 projects (85%), completed over the 12 month period from September to August of the following year,w ill rate the services received as meeting or exceeding expectations. Target Value: 85% Instruments: Project sponsor evaluations PM Statement: Service projects w ill improve/enhance existing recreation areas, increase the userts know ledge of local history, and/or improve/conserve the local environment. Annually,twenty (20) of the twenty-four (24) projects (85%), completed over the 12 month period from September to August of the following year, w ill rate the services received as meeting or exceeding expectations. Rev. Yrs. Data:The WCYCC provided service on a variety of projects that serve the citizens of Greeley, the residents of Weld County, as w ell as other visitors to the Weld County area. Of the project sponsors who responded to the project evaluation requests, 100% rated the services received as either meeting or exceeding their expectations 1 � ^• ,i Service Category: GED/Dropouts Measure Category: Participant Development Needs and Activities Briefly describe the need to be addressed (Max. 4,000 characters) Those AmeriCorps members who do not possess a high school diploma or GED at time of enrollment will participate in educational activities designed to prepare them to take and obtain their GED. Members will participate in these activities an average of io hours a week starting in September and continuing until they obtain their GED. Briefly describe how you will achieve this result(Max 4,000 chart) i00% of those AmeriCorps members that do not possess a high school diploma or GED at time of enrollment will participate in educational activities for an average of 10 hours per week until they obtain their GED. Activity Start Date:04 September 2006 Number of Members:6 Activity End Date: 03 September 2007 Hours per Day (on averagep Days per Week(on average)5 Results Result: Output For Official Use Only Page 14 For Official Use Only Result: Output Members who do not possess a high school diploma or GED at time of enrollment will participate in educational activities designed to prepare them to obtain their GED. Indicator: participants Target: 100% of those AmeriCorps members that do not possess a high school diploma or GED at time of enrollment w ill participate in educational activities for an average of 10 hours per week until they obtain their GED. Target Value: 100% Instruments:Lab participation logs PM Statement: Members w ho do not possess a high school diploma or GED at time of enrollment w ill participate in educational activities designed to prepare them to obtain their GED. Rev.Yrs. Data:There w ere a total of seven (7) members who did not possess a high school diploma or GED at time of enrollment. These members participated in educational activities designed to prepare them to take and obtain their GED. Result: Intermediate Outcome Participation in educational activities will prepare members to take and obtain their GED. Indicator: Percentage of participating members who show a grade gain Target: 90% of participating members w ill show a grade gain in the educational components. Target Value: 90% Instruments: Lab participation logs PM Statement: Participation in educational activities w ill prepare members to take and obtain their GED. 90% of participating members w ill show a grade gain in the educational components. Rev. Yrs. Data:100% of the members who w ere required to participate in the educational components showed a grade gain. Members who used their time wisely realized the most benefit. Result: End Outcome Members who do not possess a high school diploma or GED at time of enrollment will obtain their GED. Indicator: Percentage of participating members who obtain their GED Target: Three of the six (50%)of the members involved in this activity w ill obtain their GED. Target Value: 50% Instruments: GED test PM Statement: Members who do not possess a high school diploma or GED at time of enrollment w ill obtain their GED. Three of the six (50%) of the members involved in this activity w ill obtain their GED. Rev. Yrs. Data:Three members obtained their GED. The remaining members who w ere enrolled in this activity either w ere relieved for cause or left the country. Service Category: GED/Dropouts Measure Category: Participant Development Needs and Activities Briefly describe the need to be addressed (Max. 4,000 characters) Twelve full time AmeriCorps members will participate in a variety of life skill development activities such as First Aid, CPR, Conflict Resolution, STD Awareness, WAIT training, Disability Awareness, Diversity, Team Building, budgeting, and career development activities. For Official Use Only Page 15 For Official Use Only Briefly describe how you will achieve this result(Max 4,000 chars.) So% of the AmeriCorps members will participate in training activities in First Aid, CPR, Conflict Resolution, STD Awareness, WAIT training, Disability Awareness, Diversity, Team Building, budgeting, and career development activities. Activity Start Date:04 September 2006 Number of Members: 12 Activity End Date: 03 September 2007 Hours per Day (on average)t Days per Week(on average$ Results Result:Output Members will participate in a variety of training activities designed to increase their life skills. Indicator: Percentage of members who participate in life skills activities Target: 80% of the AmeriCorps members w ill participate in training activities in First Aid, CPR, Conflict Resolution, STD Aw areness, WAIT training, Disability Aw areness, Diversity, Team Building, budgeting, and career development activities. Target Value: 80% Instruments:WCYCC training logs PM Statement: Members w ill participate in a variety of training activities designed to increase their life skills. 80% of the AmeriCorps members w ill participate in training activities in First Aid, CPR, Conflict Resolution, STD Aw areness,WAIT training, Disability Aw areness, Diversity,Team Building, budgeting, and career development activities. Frey. Yrs. Data:100% of the members received 12 hours of instruction in First Aid and adult and infant CPR. Each member also received training in team building, conflict resolution,disability aw areness, diversity, and budgeting activities. Completing members received career assessments, training in resume writing, completing job applications, and participated in mock interviews. Result: Intermediate Outcome Members will participate in a variety of training activities designed to increase their life skills. Indicator: Percentage of members w ho complete a minimum of 20 hours of training in a variety of life skills activities Target: 80% of the members w ill complete a minimum of 20 hours of training in a variety of activities designed to increase their life skills. Target Value: 80% Instruments:WCYCC training logs PM Statement: Participation in life skill training activities w ill help prepare members for life after AmeriCorps. 80% of the members w ill complete a minimum of 20 hours of training in a variety of activities designed to increase their life skills. Prey. Yrs. Data:100% of the members participated in a minimum of 20 hours of training activities which included Adult/Infant CPR, First Aid, conflict resolution, team building, WAIT, disability aw areness, diversity, HIV aw areness, STD aw areness, and budgeting. Result End Outcome Members will participate in a minimum of 6 life skill training activities which would include First Aid, CPR, Conflict Resolution, STD Awareness, WAIT training, Disability Awareness, Diversity, Team Building,budgeting, and career development activities. Indicator: Percentage of members who receive certificates of completion in 3 of 6 training activities For Official Use Only Page 16 For Official Use Only Result: End Outcome Target: 80% of the members w ill obtain certificates of completion in 3 out of the 6 training activities. Target Value: 80% Instruments:Certificates of Completion PM Statement: Members w ill participate in a minimum of 6 life skill training activities which would include First Aid, CPR, Conflict Resolution, STD Aw areness,WAIT training, Disability Awareness, Diversity, Team Building, budgeting, and career development activities. 80% of the members w ill obtain certificates of completion in 3 out of the 6 training activities. Prev. Yrs. Data:100% of the members received certificates three training activities which w ere First Aid,Adult/Infant CPR, and conflict resolution. For Official Use Only Page 17 EXHIBIT k C SAMPLE BILATERAL CHANGE ORDER LETTER Date: State Fiscal Year: Bilateral Change Order Letter No. In accordance with Paragraph XVII (L) of contract routing number (FY) (Agency) (Routing #) between the State of Colorado Office of the Lieutenant Governor and (contractor's name) covering the period of (include performance period here)) the undersigned agree that the supplies/services affected by this change letter are modified as follows: This Change Order Letter provides for the Governor's Commission on Community Service(GCCS),under the auspices of the Office of the Lieutenant Governor,to make the following changes to its AmeriCorps Program Award(Program) contracts: 1.Programmatic Changes with the prior written approval of the AmeriCorps Program Office: a. Changes in the scope,objectives or goals of the Program,whether or not they involve budgetary changes; b. Substantial changes in the level of participant supervision; c. Entering into additional sub-grants or contracts for AmeriCorps activities funded by the grant,but not identified or included in the approved application and grant budget. 2. Program Changes for Formula Programs with the prior written approval of the appropriate State Commissions: a. Changes in the scope,objectives or goals of the Program,whether or not they involve budgetary changes; b. Substantial changes in the level of participant supervision; 3. Budgetary Changes with grantee's prior written approval of the Corporation's Office of Grants Management a. Reallocation of Funds from the "Member Support Cost"category to other categories of the approved budget. However,the grantee may reallocate funds within the line items in this category,except for increases in health care cost per member,which must be approved. The specific line items covered by this sub-clause are: i. Living allowance, i. FICA,worker's compensation,and unemployment insurance,and iii. Health care(or alternative health care). b. Specific Costs Requiring Prior Approval before Incurrence under OMB Circulars A-21,A-87 or A-122. For certain cost items,the cost circulars require approval of the awarding agency for the cost to be allowable. Examples of these costs are overtime pay,rearrangement and alteration costs,and pre-award costs. c. Purchases of Equipment over$5,000 using grant funds,unless specified in the approved application and budget. d. Unless the Corporation share of the award is $100,000 or less,changes to cumulative budget line items that amount to 10 per cent (10%) or more of the total program budget must be approved in writing in advance by the Corporation. The total program budget includes both the Corporation and grantee shares. Grantees may transfer funds among approved direct cost categories when the cumulative amount of such transfers does not exceed 10 per cent of the total program budget. e. Approvals of Programmatic and Budget Changes. The effective date of this change order is upon the date of approval by the State Controller or delegee. APPROVALS: Contractor Name: State of Colorado: Bill Ritter,Governor By By. Date: Name For the Executive Director/College President Title Colorado Department of/or Higher Ed Institution ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER 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. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for goods and/or services provided. State Controller Leslie M.Shenefelt By Date: Hello