HomeMy WebLinkAbout20071571.tiff RESOLUTION
RE: APPROVE CONTRACT FOR DISABILITY PROGRAM NAVIGATOR POSITION AND
INITIATIVES 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 a Contract for Disability Program Navigator
Position and Initiatives 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, and the Colorado Department of Human Services, Division of Vocational
Rehabilitation, commencing July 1, 2007, and ending June 30, 2008, with further terms and
conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, 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 for Disability Program Navigator Position and Initiatives
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, and the Colorado Department of Human Services, Division of Vocational Rehabilitation
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 4th day of June, A.D., 2007.
,-; as BOARD OF COUNTY COMMISSIONERS
A,-.
_ EL OUNTY, COLORADO
ATTEST: aD I t p' 'r' ^AQ + , C'v t �c�
14 1�, :yid E. Long, Chair
Weld County Clerk to the =•a�� ` `. _
, ,... ,_/,
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,.:�6r William . J ' e,-15ro-Tem
dD
BY:�. Mill fail C 1,
�E D p ty CI to the Board
W iam F. Garcia
RO D AS I ,, 1
\L-Q_____
rt D. asden
f C_-
__/Count ttorney
Douglas R emacher
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Date of signature: Witi`G 7
2007-1571
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MEMORANDUM
I C DATE: June 4, 2007 TO: David E. Long, Board of Weld County
Commissioners
COLORADO
FROM: Walt Speckman, Weld County Division ofklitiA
Human Services Executive Director
SUBJECT: Five Year Contract between the Department of
Human Services Division of Vocational
Rehabilitation and Employment Services of
Weld County
Enclosed for Board approval is a five year Contract between the Department of Human
Services Division of Vocational Rehabilitation and Employment Services of Weld
County.
This contract will allow Employment Services of Weld County to continue with the
Disability Navigator position and initiatives.
The effective term of the five year Contract is July 1, 2007 through June 30, 2012 with
the total contract price not exceeding One Hundred and Seventy-Five Thousand and
Two Hundred and Two Dollars ($175,202.00). The first year's period of performance is
July 1, 2007 through June 30, 2008, and funds for the first year are Thirty-Three
Thousand Dollars ($33,000.00).
If you have any questions, please telephone me at 353-3800, extension 3317.
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2007-1571
DEPARTMENT OF HUMAN SERVICES
ROUTING NO. 08 IHA
CONTRACT
This contract is made and entered into by and between the named parties. In accordance with the purposes
stated herein, it is hereby agreed as follows:
STATE. CONTRACTOR.
State of Colorado for the use&benefit of the Weld County/Employment Services of Weld County
Department of Human Services PO Box 1805
Division of Vocational Rehabilitation Greeley, CO 80632
1575 Sherman St, 4th Floor
Denver,CO 80203
CONTRACT MADE DATE: CONTRACTOR ENTITY TYPE:
05/10/2007 Government
CONTRACTOR FEIN OR SOCIAL SECURITY NUMBER:
PO/SC ENCUMBERANCE NUMBER. 846000813
PC) II-IA R LLB1 402 ruff s6 Slo Z,y0 BILLING STATEMENTS RECEIVED:
TERM. r' is Q
Quarterly
'thus contract shall be effective upon approval STATUTORY AUT HORITY.
by the State Controller, or designee, or on Not Applicable
07/01/2007,whichever is later. The contract CONTRACT PRICE NOT TO EXCEED.
shall end on 06/30/2012. 533,000.00
MAXIMUM AMOUNT AVAILABLE PER FISCAL YEAR
PROCUREMENT METHOD, F1 08: $33,000.00
I ixempt
BID/REP/LIST PRICE AGREEMENT NUMBER
Not Applicable
LAW SPECIFIED VENDOR STATUTE: PRICE STRUCTURE.
Not Applicable Fixed Price
FUND SOURCE-NAME OF FEDERAL PROGRAM/GRANT AND FUNDS IDx
STATE REPRESENTATIVE: CONTRACTOR REPRESENTATIVE.
Lee Carter Linda Perez
Division of Vocational Rehabilitation Contractor Name Per Above
1575 Sherman St., 4th Floor PO Box 1805
Denver, CO 80203 Greeley, CO 80632
SCOPE OF WORK
In accordance with the provisions of this contract and its exhibits and attachments, the Contractor shall:
Iinhance the ability of Workforce Centers to provide employment services for people with disabilities
through the use of the Disability Program Navigator (DPN).
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EXHIBITS:
The following exhibits are hereby incorporated:
Exhibit A- Statement of Work
Exhibit B- Request for Payment Form
Exhibit C- Option Letter
COORDINATION:
The State warrants that required approval, clearance and coordination has been accomplished from and
with appropriate agencies.
APPROVAL:
In no event shall this contract be deemed valid until it shall have been approved by the State Controller or
his/her designee.
PROCUREMENT:
This contractor has been selected in accordance with the requirements of the Colorado
Procurement Code.
PRICE PROVISIONS:
Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds,
encumbered for the purchase of the described services and/or deliverables. The liability of the State at
any time for such payments shall be limited to the encumbered amount remaining of such funds.
Authority exists in the laws and funds have been budgeted, appropriated and otherwise made available,
and a sufficient unencumbered balance thereof remains available for payment.
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.
The Contractor understands and agrees that the State shall not be liable for payment for work or
services or for costs or expenses incurred by the Contractor prior to the proper execution and State
Controller approval of this contract.
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GENERAL PROVISIONS
The following clauses apply to this contract: otherwise stated, in the event of conflicts or
inconsistencies between this contract and its
A. Governmental Immunity/Limitation of Liability: exhibits or attachments, such conflicts shall be
Notwithstanding anything herein to the contrary, resolved by reference to the documents in the
no term or condition of this contract shall be following order of priority: I) the Special
construed or interpreted as a waiver, express or Provisions of this contract shall always be
implied, of any of the immunities, rights, controlling over other provisions in the contract
benefits, protection, or other provisions of the or amendments;2) the contract"cover"pages; 3)
"Colorado Governmental Immunity Act", C.R.S. the exhibits to this contract 4) the General
§24-10-101, et seq., as now or hereinafter Provisions of this contract.
amended. The parties understand and agree that
the liability of the State for claims for injuries to E. Notice and Representatives: For the purposes of
persons or property arising out of negligence of this contract, the representative for each party is as
the State of Colorado, its departments, designated herein. Any notice required or
institutions, agencies, boards, officials and permitted may be delivered in person or sent by
employees is controlled and limited by the registered or certified mail, return receipt
provisions of C.R.S. §24-10-101, et seq., as now requested,to the party at the address provided, and
or hereafter amended and the risk management if sent by mail it is effective when posted in a U.S.
statutes, C.R.S. §24-30-150 1, et seq., as now or Mail Depository with sufficient postage attached
hereafter amended. Any liability of the State thereto. Notice of change of address or change or
created under any other provision of this representative shall be treated as any other notice.
contract, whether or not incorporated herein by
reference, shall be controlled by, limited to, and F. Contractor Representations- Qualifications/
otherwise modified so as to conform with, the Licenses/ Approvals/Insurance: The Contractor
above cited laws. certifies that, at the time of entering into this
contract, it and its agents have currently in effect
B. Federal Funds Contingency: Payment pursuant to all necessary licenses, certifications, approvals,
this contract, if in federal funds, whether in insurance, etc. required to properly provide the
whole or in part, is subject to and contingent services and/or supplies covered by this contract
upon the continuing availability of federal funds in the state of Colorado. Proof of such licenses,
for the purposes hereof. In the event that said certifications, approvals, insurance, etc. shall be
funds, or any part thereof, become unavailable, provided upon the State's request. Any
as determined by the State, the State may revocation, withdrawal or nonrenewal of
immediately terminate this contract or amend it necessary license, certification, approval,
accordingly. insurance, etc. required for the Contractor to
properly perform this contract, shall be grounds
C. Billing Procedures: The State shall establish billing for termination of this contract by the State.
procedures and requirements for payment due the
Contractor in providing performance pursuant to Contractor certifies that it is qualified to perform
this contract. The Contractor shall comply with the such services or provide such deliverables as
established billing procedures and requirements for delineated in this contract.
submission of billing statements. The State shall
comply with CRS 24-30-202(24) when paying The Contractor certifies to the best of its
vendors upon receipt of a correct notice of the knowledge and belief that the Contractor, its
amount due for goods or services provided principals and authorized subcontractors are not
hereunder. presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily
D. Exhibits- Interpretation: Unless otherwise stated, excluded from participation in this transaction by
all referenced exhibits are incorporated herein and any federal department or agency. This paragraph
made a part of this contract. And, unless
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applies if payments to the Contractor under this 3. The State of Colorado shall be named as
contract in federal funds equal$100,000 or more. additional insured on the Commercial
General Liability and Automobile Liability
G. Legal Authority: The Contractor warrants that it Insurance policies (leases and construction
possesses the legal authority to enter into this contracts will require the additional insured
contract and that it has taken all actions required coverage for completed operations on
by its procedures, by-laws, and/or applicable law endorsements CG 2010 11/85, CG 2037, or
to exercise that authority,and to lawfully authorize equivalent). Coverage required of the
its undersigned signatory to execute this contract contract will be primary over any insurance
and bind the Contractor to its terms. The person(s) or self-insurance program carried by the
executing this contract on behalf of the Contractor State of Colorado.
warrant(s) that such person(s) have full 4. The Insurance shall include provisions
authorization to execute this contract. preventing cancellation or non-renewal
without at least 45 days prior notice to the
H. Insurance - Contractor: The contractor shall State by certified mail.
obtain, and maintain at all times during the term 5. The contractor will require all insurance
of this contract, insurance in the following kinds policies in any way related to the contract
and amounts: and secured and maintained by the
contractor to include clauses stating that
1. Workers' Compensation Insurance as each carrier will waive all rights of recovery,
required by state statute, and Employer's under subrogation or otherwise, against the
Liability Insurance covering all of State of Colorado, its agencies, institutions,
contractor's employees acting within the organizations, officers, agents, employees
course and scope of their employment. and volunteers.
2. Commercial General Liability Insurance 6. All policies evidencing the insurance
written on ISO occurrence form CG 00 01 coverages required hereunder shall be issued
10/93 or equivalent, covering premises by insurance companies satisfactory to the
operations, fire damage, independent State.
contractors, products and completed 7. The contractor shall provide certificates
operations, blanket contractual liability, showing insurance coverage required by this
personal injury, and advertising liability contract to the State within 7 business days
with minimum limits as follows: of the effective date of the contract, but in
a. $1,000,000 each occurrence; no event later than the commencement of
b. $1,000,000 general aggregate; the services or delivery of the goods under
c. $1,000,000 products and completed the contract. No later than 15 days prior to
operations aggregate;and the expiration date of any such coverage,the
d. $50,000 any one fire. contractor shall deliver the State certificates
of insurance evidencing renewals thereof.
If any aggregate limit is reduced below At any time during the term of this contract,
$1,000,000 because of claims made or paid, the State may request in writing, and the
the contractor shall immediately obtain contractor shall thereupon within 10 days
additional insurance to restore the full supply to the State, evidence satisfactory to
aggregate limit and furnish to the State a the State of compliance with the provisions
certificate or other document satisfactory to of this section.
the State showing compliance with this 8. Notwithstanding subsection A of this
provision. section, if the contractor is a "public entity"
within the meaning of the Colorado
e. Automobile Liability Insurance Governmental Immunity Act CRS 24-10-
covering any auto (including owned, 101, et seq., as amended ("Act'), the
hired and non-owned autos) with a contractor shall at all times during the term
minimum limit as follows: $1,000,000 of this contract maintain only such liability
each accident combined single limit. insurance, by commercial policy or self-
£ Professional liability insurance with insurance, as is necessary to meet its
minimum limits of liability of not less liabilities under the Act. Upon request by the
than $1,000,000.
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State, the contractor shall show proof of under this contract. Such files shall be sufficient
such insurance satisfactory to the State. to properly reflect all direct and indirect costs of
labor, materials, equipment, supplies and
I. Rights in Data, Documents and Computer services, and other costs of whatever nature for
Software or Other Intellectual Property: which a contract payment was made. These
All intellectual property including without records shall be maintained according to
limitation, databases, software, documents, generally accepted accounting principles and
research, programs and codes, as well as all, shall be easily separable from other Contractor
reports, studies, data, photographs, negatives or records.
other documents, drawings or materials prepared
by the contractor in the performance of its The Contractor shall protect the confidentiality
obligations under this contract shall be the of all records and other materials containing
exclusive property of the State. Unless personally identifying information that are
otherwise stated, all such materials shall be maintained in accordance with this contract.
delivered to the State by the contractor upon Except as provided by law, no information in
completion, termination, or cancellation of this possession of the Contractor about any
contract. Contractor shall not use, willingly individual constituent shall be disclosed in a
allow or cause to have such materials used for form including identifying information without
any purpose other than the performance of the the prior written consent of the person in interest,
contractor's obligations under this contract a minor's parent, guardian, or the State. The
without a prior written consent of the State. All Contractor shall have written policies governing
documentation, accompanying the intellectual access to, duplication and dissemination of, all
property or otherwise, shall comply with the such information and advise its agents, if any,
State requirements which include but is not that they are subject to these confidentiality
limited to all documentation being in a paper, requirements. The Contractor shall provide its
human readable format which is useable by one agents, if any,with a copy or written explanation
who is reasonably proficient in the given subject of these confidentiality requirements before
area. access to confidential data is permitted.
J. Proprietary Information: Proprietary information The Contractor authorizes the State, the federal
for the purpose of this contract is information government or their designee, to perform audits
relating to a party's research, development, trade and/or inspections of its records, at any
secrets, business affairs, internal operations and reasonable time, to assure compliance with the
management procedures and those of its state or federal government's terms and/or to
customers,clients or affiliates,but does not include evaluate the Contractor's performance. Any
information lawfully obtained by third parties, amounts the State paid improperly shall be
which is in the public domain, or which is immediately returned to the State or may be
developed independently. recovered in accordance with other remedies.
Neither party shall use or disclose directly or All such records, documents, communications,
indirectly without prior written authorization any and other materials shall be the property of the
proprietary information concerning the other party State unless otherwise specified herein and shall
obtained as a result of this contract. Any be maintained by the Contractor, for a period of
proprietary information removed from the State's three (3) years from the date of final payment or
site by the Contractor in the course of providing submission of the final federal expenditure report
services under this contract will be accorded at under this contract, unless the State requests that
least the same precautions as are employed by the the records be retained for a longer period, or
Contractor for similar information in the course of until an audit has been completed with the
its own business. following qualification. If an audit by or on
behalf of the federal and/or state government has
K. Records Maintenance, Performance Monitoring & begun but is not completed at the end of the three
Audits: The Contractor shall maintain a complete (3)year period,or if audit findings have not been
file of all records, documents, communications, resolved after a three (3) year period, the
and other materials that pertain to the operation materials shall be retained until the resolution of
of the program/project or the delivery of services the audit findings.
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The Contractor shall permit the State, any other Further, the Contractor shall maintain a written
governmental agency authorized by law, or an code of standards governing the performance of
authorized designee thereof, in its sole its agent(s) engaged in the award and
discretion, to monitor all activities conducted by administration of contracts. Neither the
the Contractor pursuant to the terms of this Contractor nor its agent(s)shall participate in the
contract. Monitoring may consist of internal selection, or in the award or administration of a
evaluation procedures, reexamination of program contract or subcontract supported by Federal
data, special analyses, on-site verification, funds if a conflict of interest, real or apparent,
formal audit examinations, or any other would be involved. Such a conflict would arise
procedures as deemed reasonable and relevant. when:
All such monitoring shall be performed in a 1. The employee, officer or agent;
manner that will not unduly interfere with 2. Any member of the employee's immediate
contract work. family;
L. Taxes: The State, as purchaser, is exempt from 3. The employee's partner; or
all federal excise taxes under Chapter 32 of the 4. An organization which employees, or is
Internal Revenue Code [No. 84-730123K] and about to employ, any of the above,
from all state and local government use taxes has a financial or other interest in the firm
[C.R.S. §39- 26-114(a) and 203, as amended]. selected for award. Neither the Contractor nor
The contractor is hereby notified that when its agent(s) will solicit nor accept gratuities,
materials are purchased for the benefit of the favors, or anything of monetary value from
State, such exemptions apply except that in Contractor's potential contractors, or parties to
certain political subdivisions the vendor may be subagreements.
required to pay sales or use taxes even though
the ultimate product or service is provided to the N. Conformance with Law: The Contractor and its
State. These sales or use taxes will not be agent(s) shall at all times during the term of this
reimbursed by the State. contract strictly adhere to all applicable federal
laws, state laws, Executive Orders and
M. Conflict of Interest: During the term of this implementing regulations as they currently exist
contract, the Contractor shall not engage in any and may hereafter be amended. Without
business or personal activities or practices or limitation, these federal laws and regulations
maintain any relationships which conflict in any include:
way with the Contractor fully performing his/her • Age Discrimination Act of 1975, 42 U.S.C.
obligations under this contract. Section 6101 et seq. and its implementing
regulation,45 C.F.R.Part 91;
Additionally, the Contractor acknowledges that, • Age Discrimination in Employment Act of
in governmental contracting, even the 1967,29 U.S.C.621 et seq.;
appearance of a conflict of interest is harmful to • Americans with Disabilities Act of 1990
the interests of the State. Thus, the Contractor (ADA),42 U.S.C. 12101 et seq.;
agrees to refrain from any practices, activities or • The Drug Free Workplace Act of 1988, 41
relationships which could reasonably be U.S.C.701 et seq.;
considered to be in conflict with the Contractor's • Equal Pay Act of 1963,29 U.S.C.206;
fully performing his/her obligations to the State • Immigration Reform and Control Act of 1986,
under the terms of this contract, without the prior 8 U.S.C. 1324b;
written approval of the State. • Pro-Children Act of 1994, 20 U.S.C. 6081 et
In the event that the Contractor is uncertain seq.;
whether the appearance of a conflict of interest • Section 504 of the Rehabilitation Act of 1973,
may reasonably exist, the Contractor shall 29 U.S.C. 794,as amended,and implementing
submit to the State a full disclosure statement regulation 45 C.F.R. Part 84;
setting forth the relevant details for the State's • Titles VI & VII of the Civil Rights Act of
consideration and direction. Failure to promptly 1964,42 U.S.C. 2000(d)&(e);
submit a disclosure statement or to follow the • The Personal Responsbility and Work
State's direction in regard to the apparent conflict Opportunity Reconciliation Act of 1996, 42
shall be grounds for termination of the contract. USC 604a, PL 104-193. See also State
Executive Order D 015 00;
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• Title IX of the Education Amendments of 2. report any arrests,charges, or summonses
1972,20 U.S.C. 1681 et seq.; for any disqualifying offense as specified by
• The Uniform Administrative Requirements C.R.S. §27-1-110 to the State.
for Grants and Cooperative Agreements to Any Contractor or its agent(s), who does not
State and Local Governments (Common comply with C.R.S. §27-1-110 and DHS Policy
Rule), at 45 CFR, Part 92; VI-2.4,may, at the sole discretion of the State,
• The Uniform Administrative Requirements be suspended or terminated.
for Awards and Subawards to Institutions of
Higher Education, Hospitals, Other Non- Q. Litigation: The Contractor shall within five (5)
Profit Organizations, and Commercial calendar days after being served with a
Organizations(Common Rule),at 2 CFR 215; summons, complaint, or other pleading which
• Office of Management and Budget Circulars has been filed in any federal or state court or
A-87, A-21 or A-122, and A-102 or A-110, administrative agency notify the State that it is a
whichever is applicable. party defendant in a case which involves services
• The Hatch Act (5 USC 1501-1508) and Civil provided under this contract. The Contractor
Service Reform Act, Public Law 95454 shall deliver copies of such document(s) to the
Section 4728. State's Executive Director. The term "litigation"
• Departments of Labor, Health and Human includes an assignment for the benefit of
Services, and Education and Related Agencies creditors, and filings in bankruptcy,
Appropriations Act, 1990, PL 101-166, reorganization and/or foreclosure.
Section 511.
• 45 CFR Subtitle A, Department of Health and R. Disputes: Except as herein specifically provided
otherwise, disputes concerning the performance
Human Services regulations.
• The Single Audit Act Amendments of 1996, of this contract which cannot be resolved by the
designated contract representatives shall. be
31 USC 7501, Public Law 104-156, OMB
Circular A-133,and 45 CRF 74.26. referred in writing to a senior departmental
management staff designated by the department
O. Discrimination: The Contractor during the and a senior manager designated by the
performance of this contract shall: Contractor. Failing resolution at that level,
I. not discriminate against any person on the disputes shall be presented in writing to the
basis of race, color, national origin, age, sex, Executive Director and the Contractor's chief
executive officer for resolution. This process is religion and handicap, including Acquired
Immune Deficiency Syndrome (AIDS) or not intended to supersede any other process for
AIDS related conditions. the resolution of controversies provided by law.
2. not exclude from participation in, or deny
benefits to any qualified individual with a S. Remedies: Acceptance is dependent upon
disability, by reason of such disability. completion of all applicable inspection
procedures. The State reserves the right to
Any person who thinks he/she has been
discriminated against as related to the inspectthe goods and/or services provided under
this contract at all reasonable times and places.
performance of this contract has the right to
assert a claim, Colorado Civil Rights Division, The Executive Director of the State or her/his
C.R.S. §24-34-302,et seq. designee may exercise the following remedial
actions should s/he find the Contractor
substantially failed to satisfy the scope of work
P. Criminal Background Check: Pursuant to C.R.S.
§27-I-I 10 and Department of Human Services found in this contract. Substantial failure to
Policy VI-2.4, any independent contractor, and satisfy the scope of work shall be defined to
its agent(s), who is designated by the Executive mean substantially insufficient, incorrect or
improper activities or inaction by the Contractor.
Director or the Executive Director's designee to
Without limitation, the State has the right to:be a contracting employee under C.R.S. §27-1-
110, who has direct contact with vulnerable
persons in a state-operated facility, or who 1 withhold payment until performance is
provides state-funded services that involve direct cured,
contact with vulnerable persons in the vulnerable 2. require the vendor to take necessary action
person's home or residence, shall: to ensure that the future performance
1. submit to a criminal background check, and conforms to contract requirements,
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3. request removal of a Contractor's agent from 3. Immediate Termination: This contract is
contract work, subject to immediate termination by the
4. equitably reduce the payment due the vendor State in the event that the State determines
to reflect the reduced value of the services that the health, safety, or welfare of persons
performed, receiving services may be in jeopardy.
5. recover payment for work that due to the Additionally, the State may immediately
Contractor cannot be performed or would be terminate this contract upon verifying that
of no value to the State, the Contractor has engaged in or is about to
6. modify or recover payments(from payments participate in fraudulent or other illegal acts.
under this contract or other contracts 4. Termination for Financial Exigency: The
between the State and the vendor as a debt State shall have the right to terminate this
due to the State) to correct an error due to contract for financial exigency by giving the
omission,error, fraud and/or defalcation, Contractor at least thirty (30) days prior
7. terminate the contract. written notice. For the purposes of this
provision, a financial exigency shall be a
These remedies in no way limit the remedies determination made by the Colorado
available to the State in the termination provisions legislature or its Joint Budget Committee
of this contract, or remedies otherwise available at that the financial circumstances of the State
law. are such that it is in the best interest of the
State to terminate this contract. If notice of
T. Termination: such termination is so given, this contract
I. Termination for Default: The State may shall terminate on the expiration of the time
terminate the contract for cause. If the State period specified in the notice, and the
terminates the contract for cause, it will first liability of the parties hereunder for further
give ten (10) days prior written notice to the performance of the terms of this contract
Contractor, stating the reasons for shall thereupon cease, but the parties shall
cancellation,procedures to correct problems, not be released from the duty to perform
if any, and the date the contract will be their obligations up to the date of
terminated in the event problems have not termination.
been corrected. In the event this contract is
terminated for cause, the State will only In the event that the State terminates this
reimburse the Contractor for accepted work contract under the Termination for
or deliverables received up to the date of Convenience or Termination for Financial
termination. In the event this contract is Exigency provisions, the Contractor is
terminated for cause, final payment to the entitled to submit a termination claim within
Contractor may be withheld at the discretion ten (10) days of the effective date of
of the State until completion of final audit. termination. The termination claim shall
Notwithstanding the above, the Contractor address and the State shall consider paying
may be liable to the State for the State's the following costs:
damages. If it is determined that the a. the contract price for performance of
Contractor was not in default then such work, which is accepted by the State, up
termination shall be treated as a termination to the effective date of the termination.
for convenience as described herein. b. reasonable and necessary costs incurred
2. Termination for Convenience: The State in preparing to perform the terminated
shall have the right to terminate this contract portion of the contract
by giving the Contractor at least twenty (20) c. reasonable profit on the completed but
days prior written notice. If notice is so undelivered work up to the date of
given, this contract shall terminate on the termination
expiration of the specified time period, and d. the costs of settling claims arising out of
the liability of the parties hereunder for the termination of subcontracts or
further performance of the terms of this orders, not to exceed 30 days pay for
contract shall thereupon cease, but the each subcontractor
parties shall not be released from the duty to e. reasonable accounting, legal, clerical,
perform their obligations up to the date of and other costs arising out of the
termination. termination settlement.
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The State and the Contractor's obligations under
In no event shall reimbursement under this this contract shall survive following termination or
clause exceed the contract amount reduced expiration to the extent necessary to give effect to
by amounts previously paid by the State to the intent and understanding of the parties.
the Contractor.
Except as herein specifically provided otherwise,
U. Venue: The parties agree that venue for any action the duties and obligations of the Contractor
related to performance of this contract shall be in arising hereunder cannot be assigned, delegated,
the City and County of Denver,Colorado. subgranted or subcontracted except with the
express prior written consent of the State. The
V. Understandine of the Parties: This contract is subgrants and subcontracts permitted by the
intended as the complete integration of all State shall be subject to the requirements of this
understandings between the parties. No prior or contract. The Contractor is responsible for all
contemporaneous addition, deletion, or other subcontracting arrangements, delivery of
amendment hereto shall have any force or effect services, and performance of any subgrantor or
whatsoever, unless embodied herein in writing. subcontractor. The Contractor warrants and
No subsequent novation, renewal, addition, agrees that any subgrant or subcontract, resulting
deletion, or other amendment hereto shall have from its performance under the terms and
any force or effect unless embodied in a written conditions of this contract, shall include a
contract executed and approved pursuant to the provision that the said subgrantor or
State Fiscal Rules. Descriptive headings as used subcontractor shall abide by the terms and
herein are for convenience and shall not control conditions hereof. Also, the Contractor warrants
or affect the meaning or construction of any and agrees that all subgrants or subcontracts shall
provision of this contract. include a provision that the subgrantor or
subcontractor shall indemnify and hold harmless
To the extent that this contract may be executed the State. The subgrantors or subcontractors
and performance of the obligations of the parties must be certified to work on any equipment for
may be accomplished within the intent of the which their services are obtained.
contract, the terms of this contract are severable,
and should any term or provision hereof be W. Holdover: In the event that the State desires to
declared invalid or become inoperative for any continue the services provided for in this
reason, such invalidity or failure shall not affect Contract and a replacement contract has not been
the validity of any other term or provision fully executed by the expiration date of the
hereof. Contract, this Contract may be extended
unilaterally by the State for a period of up to two
Except as herein specifically provided otherwise, (2) months upon written notice to the Contractor
it is expressly understood and agreed that this under the same terms and conditions of the
contract shall inure to the benefit of and be original Contract including, but not limited to,
binding upon the parties hereto and their prices, rates, and service delivery requirements.
respective successors and assigns. All rights of However, this extension terminates when the
action relating to enforcement of the terms and replacement contract becomes effective when
conditions shall be strictly reserved to the State signed by the State Controller or an authorized
and the named Contractor. Nothing contained in delegate.
this agreement shall give or allow any claim or
right of action whatsoever by any other third
person. It is the express intention of the State
and the Contractor that any such person or entity,
other than the State or the Contractor, receiving
services or benefits under this agreement shall be
deemed an incidental beneficiary only.
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.
For Contract Wizard Version 3-4 Page 9 of 11 Revised 01/01/07
Colorado Department of F Inman Services
Contract Management
SPECIAL PROVISIONS
The 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 deemed 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. INDEMNIFICATION. 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.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. 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 or shall be deemed to be an agent or employee of the state.
Contractor shall pay when due all required employment taxes and income taxes and local head taxes on any monies paid by the state pursuant to
this contract, Contractor acknowledges that contractor and its employees are not entitled to unemployment insurance benefits unless contractor
or a 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 agreement, 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 its acts and those of its employees and agents.
5. NON-DISCRIMINATION. 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, 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 this contract is capable of
execution. At all times during the performance of this contract, Contractor shall strictly adhere to all applicable federal and State laws, rules,and
regulations that have been or may hereafter be established.
7. [Not Applicable to Intergovernmental Contracts] VENDOR OFFSET. CRS 24-30-202 (1) and 24-30-202.4. The State Controller
may withhold payment of certain debts owed to State agencies under the vendor offset intercept system for: (a) unpaid child support debt or
child support arrearages; (b) unpaid balances 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) amounts required to be paid to the Unemployment Compensation
Fund; and (e)other unpaid debts owing to the State or its agencies,as a result of final agency determination or reduced to judgment,as certified
by the State 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 federal copyright laws or applicable licensing
restrictions. Contractor hereby certifies that, for the term of this contract and any extensions, Contractor has 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 paragraph, the State may
exercise any remedy available at law or equity or under this 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. 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.
10. [Not Applicable to Intergovernmental Contracts]. ILLEGAL ALIENS - PUBLIC CONTRACTS FOR SERVICES AND
RESTRICTIONS ON PUBLIC BENEFITS. CRS 8-17.5-101 and 24-76.5-101. Contractor certifies that it shall comply with the
provisions of CRS 8-17.5-101 et seq. 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 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 shall comply with the requirements of CRS 8-17.5-
102(2)(b). 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. Failure to comply with any requirement of this provision or CRS 8-17.5-101 et seq., shall
be cause for termination for breach and Contractor shall be liable for actual and consequential damages.
Contractor, if a natural person eighteen (18) years of age or older, hereby swears or affirms under penalty of perjury that he or she (i) is a
citizen 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 (in) shall produce one form of identification required by CRS 24-76.5-103 prior to the effective date of this contract.
Revised October 25, 2006 Effective Date of Special Provisions:August 7,2006
For Contract Wizard\'ersiuu 3.4 Page 10 of I 1 Revised 01/01/07
Colorado Department off Itim:m Services
Contract Management
. SPECIAL PROVISIONS
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BILL RITTER, JR. GOVERNOR
Weld County/Employment Services of n AWeld County � , ^ ^ 1
By \(l t ' V
Legal Name of Contracting Entity for the Executive Director
846000813
DEPARTMENT OF HUMAN SERVICES
Social Security Number or FEIN
FDate b `1 cIi 0
Signature of Authorized Off r
David E. Long, Chair LEGAL REVIEW:
(Print) Name &Title of Authorized Officer Attorney General, John W. Suthers
Date JUN 0 4 2007 By
CORPORATIONS:
(A corporate attestation is r uir l) se
,r: z' ,/ .
• Ns
Attest (Seal) By ( /2 �� II.,,
, ,Wit
(Corporate S etary or uivalent,or Town/Ci y/County Clerk) (P
illme. 0014
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
Leslliee M.Shenefelt
By //4� J0 /
Date 6/o?///d7
For Contract Wizard Version 3.4 Page 11 of 11 Revised Ul/01/07
Colorado Department of F[mnan Services
Contract Management
G12LY'J-/S"J/
EXHIBIT A
Statement of Work - Weld
A) In conjunction with DVR, contractor will employ, support and manage one(.75) FTE Disability Program
Navigator(DPN). Contractor will ensure the Navigator performs the following basic job functions:
1)Conducts outreach, recruitment and screening of participants with disabilities, who are accessing either a
Workforce Center or a DVR office and may have barriers to employment. Interviews such participants and
assesses which programs, including those available through workforce and vocational rehabilitation, would
potentially benefit the job seekers. Makes referrals to appropriate agencies. Monitors progress of service
delivery to Program participants. Maintains and makes available a current directory of services/resources
for individuals with disabilities.
2) In collaboration with DVR's Employer Education and Community Outreach Program providers and
Workforce Center staff, the DPN will conduct employer outreach and education for the purpose of creating
employment opportunities (including but not limited to work experiences,job development,internships,job
shadowing) for DVR and Workforce center participants with disabilities.Assist such participants in
completing job applications, developing and reviewing resumes, and exploring job opportunities via job
clubs, media, intemet,Workforce Centers, etc. Assist such participants in requesting accommodations
related to employment. Serve as a resource for employers providing information on disability-related
workplace issues such as reasonable job accommodations,Work Opportunity Tax Credit(WOTC), Federal
Bonding Programs, etc.
3) In compliance with federal, state and agency procedures,works closely with DVR counselors and
Workforce Center staff to arrange for and/or conduct vocational screenings and assessments for individuals
with disabilities. Uses resources and materials available through the local Workforce Center, DVR office
and partner agencies to assist individuals with career exploration, including interest inventories, the use of
labor market information and self-assessments.
4) Identifies training needs, resources and options for the provision of training and technical assistance to
Workforce Center staff regarding working effectively with persons with disabilities. Educates,trains and
informs Workforce Center staff, DVR staff and partnering agencies regarding services, programs and
eligibility requirements within all Workforce Center and DVR programs. Utilizing the WIA Section 188
Disability Checklist, the DPN identifies compliance concerns and provides recommendations for building and
program accessibility. Evaluates accommodation needs, including assistive technology, software and
hardware, and advises Workforce Center administration regarding accessibility. Maintains state-of-the-art
knowledge on trends, new developments and emerging issues related to disability, accessibility and
assistive technology.
B) Contractor acknowledges all Navigators must be located in One-Stop Career Centers that are universally
accessible to individuals with disabilities, including physical, programmatic,and communications
accessibility.
C)When a DPN vacancy occurs,contractor agrees to have a DVR staff participate in the hiring process,
however, the workforce center has final say as the hiring authority. Contractor and DVR will have joint
administrative supervision of the staff providing services under this contract.
D)Contractor will provide the effective delivery of these services either through their direct employee or a
contracted employee of an acceptable entity. Contractor will provide a work station consistent with the
center's policy.
E) Contractor will provide the time available for the Navigators to attend an out of state training and/or
regional trainings provided by DVR, as needed. Contractor will also ensure the Navigators attendance in 8 of
the 10 monthly conference calls.
F) Contractor agrees to cooperate with DVR and WIN Partners/UCHSC with its program evaluation and
technical assistance and training activities to ensure the DPN's actions contribute to the successful employment
of DVR and Workforce Center participants with disabilities.
G) Contractor will ensure the Navigator and other Workforce Center staff are providing appropriate referrals
to the local CWIC (Benefits Planner)for assistance regarding disability laws, rules and regulations of the
SSA.
H) Contractor agrees to provide quarterly performance reports, using a format to be provided by DVR.
Performance outcomes will show a measurable increase in services to DVR clients and an increase in the
overall number of clients with disabilities served in the workforce center.
I) In consideration for the monies to be received from the State,the contractor shall perform all elements
identified in this Statement of Work and will be reimbursed as follows:
Period of Performance Contract Funds
July 1, 2007—June 30,2008 $33,000.00
Option Years:
Year 1: July 1, 2008—June 30, 2009 $33,990.00
Year 2:July 1, 2009—June 30, 2010 $35,010.00
Year 3: July 1, 2010—June 30, 2011 $36,060.00
Year4: July 1, 2011 —June 30, 2012 $37,142.00
TOTAL CONTRACT PRICE $175,202.00
J)The State shall make payment to the contractor upon receipt of a Request for Payment Form, Exhibit B,
and proper back up documentation (DPN time sheets for the billing period).
K)The State unilaterally may require continued performance of Contractors obligations under this contract
for four additional one(1)year terms as referenced in paragraph (I)of the Statement of Work.The state may
exercise this option by the delivery of a written notice to the Contractor, in the form of an Option Letter,
Exhibit C,within thirty (30)days of the end of each period of performance. Upon exercise of this option by
the State,the extended contract shall include this option provision for future use; provided, however that the
total duration of this contract, including the exercise of all options under this provision, shall not exceed a
total contract period of five(5)years.
L)The State will monitor and evaluate the Contractor for compliance with the terms of the contract, as well
as the rules, regulations, requirements and guidelines which the state has promulgated or may promulgate.
The Contractor may also be subject to monitoring and evaluation by the Rehabilitation Services
Administration.
M)The Contractor may terminate the contract for any reason by giving the State sixty(60) days written
notice of such termination.
EXHIBIT B
REQUEST FOR PAYMENT FORM
1. GRANTOR 2. TYPE OF PAYMENT 3. RECIPIENT ORGANIZATION
(Name, Address, Telephone Number)
Division of Vocational Rehabilitation — Partial
1575 Sherman Street, 4th Floor
Denver, CO 80203 _ Final
4. PERIOD COVERED BY THIS REQUEST 5. PAYMENT REQUEST 6. CONTRACT NUMBER
From: TO #:
7. PURPOSE FOR FUNDS REQUESTED
Expenditures
Previous Current Request
Budget Line(s) Budget(A) Request(s) (B) (C) Balance(A-B-C)
TOTAL:
8. COMMENT:
9. CERTIFICATION: I certify to the best of my knowledge and belief the data above is correct and that all
expenditures were made in accordance with the contract requirements.
SIGNATURE OF AUTHORIZED OFFICIAL NAME AND TITLE (Type or Print) DATE
STATE REVIEW Comment:
Approved by:
Program/Project Manager _ Date
EXHIBIT C
OPTION LETTER
Date: State Fiscal Year: Option Letter No.
SUBJECT: (Please indicate purpose by choosing one of the following)
1 - Option to renew only (for an additional term)
2 - Change in the amount of goods within current term
3 - Change in amount of goods in conjunction with renewal for additional term
4 - Level of service change within current term
5- Level of service change in conjunction with renewal for additional term
In accordance with Paragraph(s) of contract routing number (FY) (Agency) (Routing
#), between the State of Colorado, Department of Human Services, (division name), and
(contractor's name) the state hereby exercises the option for an additional term of (include performance
period here) at a cost/price specified in Paragraph/Section/Provision , AND/OR an increase/decrease
in the amount of goods/services at the same rate(s) as specified in Paragraph/Schedule/Exhibit
The amount of the current Fiscal Year contract value is increased/decreased by ($ amount of change) to a
new contract value of ($ ) to satisfy services/goods ordered under the contract for the
current fiscal year (indicate Fiscal Year). The first sentence in Paragraph/Section/Provision is
hereby modified accordingly.
The total contract value to include all previous amendments, option letters, etc. is ($ ).
APPROVALS:
State of Colorado:
Bill Ritter JR., Governor
By: Date:
Executive Director
Colorado Department of Human Services
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