HomeMy WebLinkAbout20022940.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR OPERATION OF WELD COUNTY YOUTH
CONSERVATION CORPS, AMERICORPS PROGRAM, AND AUTHORIZE CHAIR TO
SIGN - LARIMER COUNTY WORKFORCE CENTER
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 Agreement for Operation of Weld
County Youth Conservation Corps, AmeriCorps Program, 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 of Weld County, and the Larimer County
Workforce Center, commencing August 1, 2002, and ending July 31, 2003, with further terms
and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Agreement for Operation of Weld County Youth Conservation
Corps, AmeriCorps Program, 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 of Weld County, and the Larimer County Workforce Center be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of November, A.D., 2002, nunc pro tunc August 1, 2002.
BOARD OF COUNTY COMMISSIONERS
� WE��'�COLORADO
ATTEST: gall
j 'a GI Vaad, Chair
Weld County Clerk t e ' r �t►`�" /
iebi /■f� �•aw�
_ � j� .' ' ( t��'��1 David . L ng, Pro-Te
BY: J /
Deputy Clerk to the Board
. J. eile
/PPFtQVED AS TO 747/ )V4,4_,
William H. Jerke
7County ATthrnert- EXCUSED DATE OF SIGNING (AYE)
/// Robert D. Masden
Date of signature: //8
2002-2940
HR0073
O0: NS
PROGRAM YEAR:2002
AGREEMENT
THIS AGREEMENT,made this 12th day of September 2002,by and between the Board of
Commissioners of Larimer County,Colorado,through Larimer County Workforce Center,3842 South
Mason,Fort Collins,Colorado,80525 hereinafter called"L.C.W.C."and"Weld County Department of
Human Services"hereinafter called"Provider".
WHEREAS,pursuant to National and Community Services Act of 1990,as amended,(42 USC—
1250),as amended,monies are to be distributed through the AmeriCorps Program,with the State Board of
Community Colleges and Occupational Education,Governor's Commission on National and Community
Services,Colorado AmeriCorps Program administering the funds;and
WHEREAS,the Governor's Commission on National and Community Service desires to distribute
said funds to L.C.W.C.and the Governor has approved pursuant to law;and
WHEREAS,the activities covered by this agreement will be carried out as part of L.C.W.C.'
responsibility under said funds to implement,conduct,and operate an AmeriCorps Program;and
WHEREAS,the Provider herein can provide services to assist in the accomplishment of the
AmeriCorps Program
NOW,THEREFORE,the parties agree as follows:
1. Scone of Services. In consideration for the monies to be received from L.C.W.C.,the Provider
shall do,perform,and carryout,in a satisfactory and proper manner,as determined by L.C.W.C.
all work elements as indicated in the"Statement of Work/Budget',set forth in Exhibit A which
is attached hereto and incorporated by reference,hereinafter referred to as the"Project". The
Provider shall provide matching funds in the amounts and cost categories specified in the
"Grantee Share"of the Budget incorporated in Exhibit A. Pursuant to the authority granted by
the federal AmeriCorps program as evidenced in Exhibit B,which is attached hereto and
incorporated by reference,the Provider may count monies expended as"match"in support of
this project from the first day of August 2002,through the end of this contract.
2. Starting Date For Services.The earliest starting date for L.C.W.C.'s use of said services shall
be August 1,2002.
3. Obligations of L.C.W.C. Subject to the availability of funds L.C.W.C.agrees:
3.01 To pay all amounts included in the invoices or statements rendered by the Provider to
L.C.W.C.,including any applicable taxes. Reimbursable costs shall be limited to those
specified in the budget incorporated in Exhibit A. In no event shall L.C.W.C.be required to
pay the Provider more than$51.528.00 for the contract period,which shall be from August 1
2002 through and including July 31.2003.
3.02 To make available to Provider on a reasonable basis such training or information as
is necessary and appropriate to enable it to carry out this agreement in compliance with the
National and Community Service Act regulations and other applicable State,Local and Federal
laws.
3.03 To make all payments called for under this agreement within a reasonable time of
receipt of invoices. Therefore,such time shall not exceed 14 days from receipt of properly
documented invoices from the Provider.
4. Obligations of Provider.
4.01 No person with responsibilities in the operation of any program referred to in this
agreement will discriminate with respect to any program participant of any application for
participation in such program because of race,color,national origin,sex,age,religion,
handicap,political affiliation or beliefs.
4.02 No services provided under this agreement shall involve political activities and no
funds made available under this agreement shall be used for lobbying activities.
4.03 No person with responsibiliti s in the operation of any program referred to in
this agreement will use their position for private gain for themselves or others,particularly those
with whom they have family,business or other close ties.
4.04 All applicant information,documents and records shall be made available to
L.C.W.C.,upon request. Such individual information shall be maintained as confidential.
Provider agrees that such information may be used by L.C.W.C.for preparation of necessary or
required reports,summaries and analysis. Provider further agrees to assist L.C.W.C.as reasonable
and necessary to enable L.C.W.C.to comply with statutory monitoring and reporting
requirements. Notwithstanding the foregoing,it is agreed that access to and the disclosure of any
educational records shall be subject to the provisions of applicable state and federal laws and
regulations.
1
4.05 All printed material which has the general intent of providing promotional
information regarding activities and services under this agreement,or which is designed to
promote and encourage program participation,shall be approved by L.C.W.C.'s Public
Information Officer before such materials are used locally.
4.06 Provider shall submit invoices and shall be entitled to reimbursement for only such
costs and performances as are strictly in accordance with the terms of the agreement,including but
not limited to the terms of the attached Exhibit A governing the Provider's scope of services,the
terms of the budget for this training program and other written amendments hereto as are agreed
upon by both the Provider and L.C.W.C.L.C.W.C.shall not be liable to the Provider for any cost
or portion thereof incurred by the Provider which has been paid or is subject to payment to the
Provider,or has been reimbursed or is subject to reimbursement to the Provider,by any source
other than L.C.W.C.
4.07 The Provider shall submit to L.C.W.C.,a quarterly request for payment package in
the nature of an invoice. Said request must be based on allowable costs,as provided in
AmeriCorps provisions set forth as Exhibit B,incurred or to be incurred by the Provider in
performing its obligations hereunder. Upon receipt and approval of each said request by
L.C.W.C.,payment shall be made by L.C.W.C.as herein above provided. L.C.W.C.shall not be
liable to the Provider for expenses made in violation of AmeriCorps provisions or in violation of
any other regulation otherwise applicable.
4.08 The Provider shall maintain fiscal records and supporting documents for all
expenditures of funds under this agreement.
4.09 The Provider shall maintain time sheets recording the amount of time spent on the
performance of work or in classroom training by each participant and staff person under this
agreement as certified by both the participants and staff person and his or her supervisor.
4.10 The Provider shall retain all records,documents and reports of the operation of
programs and expenditures of funds under this agreement for three(3)years,dating from
L.C.W.C.'s submission of the fmal financial status report to the State. Records shall be retained
beyond this period only if audit findings have not been resolved. In this event,the records shall be
retained by the Provider for periods of three(3)years from the time when the audit finding are
resolved. The Provider shall retain the records in good and accessible condition and shall furnish
and provide access to them upon request of L.C.W.C.,Governor's Commission on Community
Services or any of their duly authorized agents or representatives.
4.11 The Provider shall submit to L.C.W.C.a quarterly financial and performance report
set forth as Exhibit C.
4.12 The Provider assures and certifies that as a recipient of Federal assistance funds,
that neither it nor its principals are presently debarred,suspended,proposed for debarment,
declared ineligible,or voluntarily excluded form participation in this transaction in by any Federal
depart or agency.
4.13 The Provider acknowledees that funds granted under this Contract are Federal
funds.and shall notify its auditors that these funds are subiect to audit procedures outlined in
OMB Circular A-133. Contractor shall include the project covered by this Contract in an annual
audit report as required by the Colorado Local Government Audit Law,C.R.S. 1973,291601,et
seq,and the Single Audit Act of 1984,Public Law 98-502,OMB Circular A-128 or OMB Circular
A-133,whichever is applicable: organizations receiving federal funds in the aggregate of more
than$100,000,a program audit;$25,000-$50,000 an audit.
5. Mutual Oblieations. Both parties agree:
5.01 That in the event of any of the following occurrences,L.C.W.C.may immediately
cancel or modify this contract and enter into discussions with the Provider concerning necessary
changes to accommodate such occurrences:
1. Changes in,addition to,or new administrative interpretations of the
AmeriCorps Program regulation,or other pertinent law,which impose
additional or new requirements upon L.C.W.C.or Providers which render
performance under this contract illegal,impractical,or impossible.
2. Changes in amount of AmeriCorps Program funds received by L.C.W.C.
concerning any program under this contract.
3. Any unproved deviations of the Contractor from the levels of service
outlined in this contract.
5.02 This agreement may not be assigned,in part or in whole,and none of the
responsibilities or duties of either party hereto may be delegated without the prior written consent
of the other party.
5.03 The parties hereto agree that L.C.W.C.shall have the ability to monitor and
evaluate performance and compliance of the Provider pursuant to the Contract. Monitoring shall
2
include review though on-site visits and program data,all project activities and services to ensure
compliance with the AmeriCorps Provisions,directions or guidelines of L.C.W.C.,and the terms
of this Contract.L.C.W.C.shall advise the Provider under this Contract,of any deficiencies.
L.C.W.C.may grant extensions as deemed advisable. Failure of the Provider to correct
deficiencies within the time periods set forth is cause for termination.
5.04 Notwithstanding anything to the contrary herein,all payments under this
contract are conditioned upon Provider's performance of its obligations hereunder. Failure to
submit to L.C.W.C.in a timely manner any report required by sections 4.11 and 5.03 of this
agreement may be treated by L.C.W.C.as a breach of this agreement for which any or all
payments otherwise due and owing hereunder may be withheld. If L.C.W.C.withholds such
payments,it shall notify the Provider in writing of its decision and the reason therefore. Payments
withheld pursuant to this paragraph may be held by L.C.W.C.until such time as the delinquent
obligations are fulfilled by the Provider.
5.05 Notwithstanding any other provision of this agreement,it is expressly
understood and agreed by the parties hereto that L.C.W.C.may,at its sole option and at its sole
discretion,offset any amounts withheld or otherwise owing to the Provider hereunder against any
amount owing but unpaid by the Provider to L.C.W.C.arising from this or any other contract
between L.C.W.C.and the Provider.
5.06 It is expressly understood and agreed by the parties hereto that any right or
remedy provided for in this Section 5,or in any other provision of this agreement,shall not
preclude the exercise of any other right or remedy under this agreement or under any provision of
law,nor shall any action taken in exercise of any other right or remedy under this agreement or be
deemed a waiver of any rights or remedies. Failure to exercise any right or remedy hereunder
shall not constitute a waiver of the right to exercise that or any right or remedy at any time. In the
event of breach hereof the Provider,L.C.W.C.may recover its costs and attorney fees in any
action brought by reason of such breach.
5.07 This agreement shall be governed by the laws of the State of Colorado. This
agreement contains the entire agreement of the parties hereto and no representations,inducements,
promises or agreements,whether oral or otherwise,between such parties not embodied herein or
incorporated herein by reference shall be of any force or effect.
5.08 L.C.W.C.agrees that it shall not extend the faith or credit of the Provider to any
third person or entity.
5.09 The parties agree that L.C.W.C.reserves the option,in the event that it receives
notification of a cut in the AmeriCorps Program funds,which are the basis of this contract,to
reduce contract funding in any amount or to terminate the contract at its decretion.
IN WITNESS WHEREOF the parties have caused this agreement to be executed in their respective
names and under their respective seals as of the day and year first above written.
LARIME COUNTY WORKFORCE CENTER
BY: m / ,P A(m IC -f7-v c,
oni Friedman,LCWC Director Date
Attest: L/i ice• a a VIDE. • Weld Conn Board of Commissioners
By: 6 iiLe Ni ', . II2 ` did 11/04/2002
Deputy Clerk Glenn n Vaad, Date
(71, fiZile
NI BOARD OF COUNTY COMMISSIONERS OF
LARIME COLORADO•
BY. .;%T /fez c c"..._.--",7417____
ATTE : Chair,Board of County Date
�r f" �w Commissioners
C_C�.i DATE: lb— Ile—O-2-,
APPROVED TO FORM:
ASSIST couNciftTnie Y
3
;2(1')--)-,29t/O
EXHIBIT A
STATEMENT OF WORK/BUDGET
Statement of Work
The Colorado Youth Conservation and Service Corps (CYCSC)performs valuable community service projects that meet both
environmental and academic needs for the urban and rural communities of Larimer and Weld counties leaving lasting visible
benefits that would otherwise not be provided,and utilizing national service as a method of strengthening the bonds that bind
communities together. The CYCSC provides corps member development activities that enhance leadership skills, develop
educational skills,strengthen citizenship skills,and build an ethic of service in its members.
Community Service Objectives:
(Work)
1: Improve public recreation areas by rehabilitating existing areas and creating additional access. All full-time members will
work on the projects and part time members will be invited. Public recreation areas include parks,open spaces,and buildings
utilized for recreation. The program will work with city,state,and federal departments,community volunteers of all ages and
non-profit agencies. Approximately 50%of service hours will be spent on this activity and objective.
2: Clean-up distressed neighborhoods and areas and in the community. All full-time members will work in these areas with
residents,community volunteers,and local government departments for approximately 25%of their service hours in order to
strengthen neighborhood bonds.
3: Tutor elementary age school children,reduce classroom conflict,and offer environmental education presentations to schools.
All members will tutor in the schools. Each part-time member will be placed in a school and complete most of their service in
the school. Each team of full-time members will be placed in schools for approximately 25%of their service hours. CYCSC
serves 4-7 elementary schools. Part-time members serve 2-5 days and full time members at least 1 day per week.
(Results)
1: Recreation area users will benefit from the service in parks,open spaces and recreational buildings by having more trails and
park options and improved recreational facilities. The strategic planning of the agencies CYCSC works with will provide an
increase in users without damage to an area.
2: Neighborhood residents will have a cleaner and safer environment.
3: Students will have improved academic achievement,more environmental education,and reduced conflict in the classroom.
(Measure the quality)
1: Increased use/access to public recreation areas as reported by departments worked with.
2: Neighborhood residents will be surveyed and AmeriCorps Members will also conduct a walk of the area prior to the clean-up.
3: Teachers will report on achievement and decreased conflict and the AmeriCorps presentations on the environment will be on
topics related to,but not present in,the classroom curriculum.
(Standard of Success)
1: Over the course of a term, CYCSC will impact access and use in public recreation areas by 20% as reported by project
sponsors.
2: 80%of neighborhood representatives surveyed will report a visible difference from work in their neighborhood.
3: 10%rise in academic achievement and decrease in classroom conflict.
(Benefit)
1: 7,500 park and recreational area users will benefit.
2: 1,000 families will benefit.
3: 1,200 elementary age students.
Community Strengthenine Objectives:
(Work)
1: Members will plan a day of service as a community project. All full-time members will contribute. The project will take
place in Larimer or Weld County with community volunteers of appropriate age for the project recruited.
2: AmeriCorps members and staff will work on strengthening the relationship with existing community partners. Project sites
and visits to offices of potential partners are utilized on a continuous basis to build the connection to the community.
3: AmeriCorps members and staff will recruit volunteers from the community for projects. Volunteers are recruited and
welcome for any project with the team.
(Results)
1: 100 volunteers from AmeriCorps programs in the state and the local community will participate in a project for a day.
2: Partners will rate the work highly and unsolicited requests for involvement with CYCSC will occur.
3: Additional volunteers will increase service involvement in Colorado and the local community.
(Measure the quality)
1: The number of volunteers coordinated for the Day of Service and the community population affected by the project.
2: Project sponsor survey and number of agencies seeking CYCSC services.
3: Reports of the number of additional volunteers and their total hours.
(Standard of Success)
1: To have a broad community representation of volunteer participation and to reach the goal of 100 volunteers for the day.
2: 90%of sponsors evaluate the projects as good or excellent and seek further involvement. Six new agencies/programs will
look to partner with CYCSC projects.
3: 200 additional volunteers recruited.
(Benefit)
1; The 100 volunteers and the community where the project will occur,plus the CYCSC Members and staff.
2: The current partners and the communities they serve in addition to the new partners.
3: The 200 volunteers and a projected 2,000 community members impacted by their service.
, Member Develonment Objectives:
(Work)
1: All full and part time member will be trained in First Aid,CPR,communication,team building,conflict resolution,and AIDS
awareness. The members will be taught these skills by qualified facilitators at different locations throughout the community.
The trainings will occur throughout the members' terms of service.
2: All members will engage in service learning instruction throughout their term of service. The instruction will take place at
various project sites and will be taught by staff and project sponsors.
3: During their term of service,all members will receive personal development opportunities in leadership,as an assistant team
leader and in the development of service projects,vocational skills through service and trainings,and educational skills. Due
to member diversity, each member will write an Individualized Personal Development Plan incorporating leadership,
vocational and educational development to set their own personal goals based on the areas they want to develop or have
greatest need in developing. In addition to the individual plan,workshops will be available to help members increase their
skills in these areas.
(Results)
1: Members will have increased skills in all these areas.
2: Members will have increased understanding of the learning opportunities inherent to service projects.
3: Members learn to develop personal plans,set and achieve realistic goals.
(Measure the quality)
1: Level of preparedness of Members for service activities as reported by team leaders and member self-evaluation of trainings.
2: Quality and quantity of journal entries will be measured by the member's ability to reflect on project impact,the difference in
journal entries from the beginning of the program year to the end,and the compilation of journal reports for future members to
use for projects and presentations.
3: Members will meet with their team leader to review plans and demonstrate progress in achieving goals.
(Standard of Success)
1: 100%of Members will complete all training components.
2: 95%of Members keep quality journal entries by the third month of their term and will leave journals regarding projects and
presentations for future members to utilize during their terms.
3: Over the course of their term all members will experience a 20% strengthening of skills in leadership, educational or
vocational skills based on their plan. The increase can be measured by skill level at their entrance into the program against
their skill level prior to their exit.
(Benefit)
1: Thirty-two members and CYCSC staff.
2: Thirty-two members and CYCSC staff.
3: Thirty-two members.
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 National and Community Service Colorado AmeriCorps Program upon execution,and any and all contracts entered into by
the Contractor or any of its subcontractors shall comply with all applicable federal and Colorado state laws and shall be governed by the
laws of the State of Colorado notwithstanding provisions therein to the contrary.
The Contractor shall comply with all applicable State and Federal laws, rules, regulations and Executive Orders of the Governor of
Colorado involving non-discrimination on the basis of race, color, religion, national origin, age, handicap or sex. The Contractor is
encouraged to utilize the expertise of the State Minority Business Office within the Office of the Governor for assistance in complying with
the non-discrimination and affirmative action requirements of the contract and applicable statutes.
BUDGET NARRATIVE
A. Member Support Costs:
Living Allowance: Reflects living allowance for 8 FT members at$9,300.00 per member based
on 1700 service hours.
FICA: 8 FT members at 7.65%
Worker's compensation: 8 FT members at 9.15%
Unemployment Insurance: 8 FT members at.15%
Health Care: Health insurance for all FT members is purchased through the National Association
Of service and Conservation Corps at a rate of$1150.32 per member.
Total Member Support Costs:
Corporation Share(50%) Grantee Share(50%) Total
$ 47,524.00 $47,524.00 $95,048.00
B. Other Member Costs:
Unifonns: Represents the cost of uniforms for all members.
Corporation Share Grantee Share Total
-0- $ 687.00 $ 687.00
C. Staff Costs:
Salaries: Salaries and benefits for one crew supervisor. Benefits include FICA,Workers'
Compensation,unemployment insurance,health insurance determined in conjunction with local
personnel policies.
Training: Represents costs for professional development,attendance at seminars and conferences
and purchase of related materials.
Corporation Share Grantee Share Total
$ 2,002.00 $ 33,068.00 $35,070.00
D. Operational Costs:
Supplies: Office supplies and program supplies such as gloves,safety equipment,hard hats and
educational materials.
Corporation Share Grantee Share Total
$ 2,002.00 $ 4,256.00 $ 6,258.00
E. Administration
Wages and benefits of staff responsible for administrative functions including accounting,payroll,
audit and associated overhead costs.
Corporation Share Grantee Share Total
-0- $ 7,680.00 $ 7,680.00
Total Corporation Share Total Grantee Share Grand Total
$ 51,528.00 $ 93,215.00 $144,743.00
Ektt io 'r 8
Account Number: 531488
SBCCOE Contract Number 02GJA
CONTRACT
THIS CONTRACT,made this 1st day of August 2002,by and between the State of Colorado for the use and benefit of the
State Board for Community Colleges and Occupational Education,on behalf of the Governor's Commission on National and
Community Service Colorado AmeriCorps Program, 1391 North Speer Boulevard, Suite 600,Denver, Colorado 80204,
"State,"and the Board of County Commissioners,County of Larimer,State of Colorado,for the use and benefit of Larimer
County Workforce Center, 3842 S.Mason,Fort Collins,Colorado,80525,"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 Fund Number 330,Appropriation Code Number
SPP ,Org.Unit GJA ,Contract Encumbrance Number 02GJA ,and
WHEREAS,required approval,clearance and coordination have been accomplished from and with appropriate agencies;and
WHEREAS,pursuant to the National and Community Service Act of 1990,as amended,(42 U.S.C.§ 12501),monies are to
be distributed through the AmeriCorps Program,with the State Board for Community Colleges and Occupational Education,
Governor's Commission on National and Community Service Colorado AmeriCorps Program,administering the funds;and
WHEREAS,the State Purchasing Director has provided a waiver from the State's procurement process for the award of grants
under the AmeriCorps*State Grants Program dated February 8, 1994; and
WHEREAS,applications for distributions from the Program have been received by the Governor's Commission on National
and Community Service; and
WHEREAS,the Governor's Commission on National and 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.
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 Resnonsible Administrator
Questions related to this project or performance under this contract should be directed to the following State
representative:Gregory J.Geissler,Executive Director of the Governor's Commission on National and Community Service,
Colorado AmeriCorps Program, 1391 North Speer Boulevard;Suite 600,Denver,Colorado 80204,(303)595-1541,f:(720)
904-9738.
AmeriCorps Contract
Page lof9
IV. Scone 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 contractor's grant application,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.
V. AmeriCorns Proeram Reouirements and General Provisions_
The Contractor agrees to perform in accordance with,and to comply with,the AmeriCorps Program Requirements
and General Provisions issued by the Corporation for National and Community Service June, 2002, and all revisions,
refinements, and modifications as may be made thereto,which are a part of this contract and incorporated herein by this
reference. A copy of these provisions are provided to the Contractor and are available on file with the State.
VI. Resnonsible Contract Administrator
The performance of the services required herein shall be under the direct supervision of Joni Friedman, 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\Budeet 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 the 1st day of August,2002,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 the 30st day of September, 2003.
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 Seventy Nine Thousand Four Hundred Eighteen Dollars and No Cents ($179,418), 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 on a need basis. To receive
payment,the Contractor shall submit certified invoices in such form and detail as required by the State.
AmeiCorps Contract Page 2 of 9
•
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 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.
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 (RCA)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.
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. Eaual 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.
n eriCorps Contract
Page 3 of 9
•
XVII. General Contract Provisions
a. Federal Fundine. 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. 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
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. Renorting. 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 Governor's Commission on National and 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).
Americorps Contract
Page 4of9
•
g. Performance Monitorine. 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-nerformance 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.
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 State Board for Community Colleges and Occupational Education,Governor's Commission on National and
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. Pro arammaticorBudeetarvChanees. 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.
AmeriCorps Contract
Page 5of9
•
iii. Change Letter Process. Contractor must submit a written request to the State Responsible Administrator
if programmatic or budgetary modifications are desired. Changes as outlined above may be modified by
Change Letter Amendments,signed by the State and the Contractor. 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. A
copy of all such Change Letters initiated per this subparagraph shall be provided to the accounting office of
the State.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.
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 Worknlace 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.
AmeriCorps Contract Page 6 of 9
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,Sections A,B and C,provided to the Contractor by the
State.
t. Audit Reauirements 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. Reauired 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
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.
ArrenColps Contract Page 7 of 9
•
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.
This provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,
budgeted and otherwise made available.
BOND REQUIREMENT
•
3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any
building,road,bridge,viaduct,tunnel,excavation or other public work for this State,the contractor shall,before entering upon the performance of any such
work included in this contract,duly execute and deliver to the State official who will sign the contract,a good and sufficient bond or other acceptable surety
to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed
by a qualified corporate surety, conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his
subcontractors fail to duly pay for any labor,materials,team hire,sustenance,provisions,provendor or other supplies used or consumed by such contractor
or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery,tools,or equipment in the
prosecution of the work the surety will pay the same in an amount not excelling the sum specified in the bond,together with interest at the rate of eight per
cent per annum Unless such bond is executed,delivered and filed,no claim in favor of the contractor arising under such contract shall be audited,allowed or
paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision
is in compliance with CRS 38-26-106.
INDEMNIFICATION
4. To the extent authorized by law,the contractor shall indemnify,save and hold harmless the State,its employees and agents,against any and all claims,
damages,liability and court awards including costs,expenses,and attorney fees 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.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,as amended,and other applicable law respecting
discrimination and unfair employment practice(CRS 24-34-402),and as required by Executive Order,Equal Opportunity and Affirmative Action,dated April 16,
1975. Pursuant thereto,the following provisions shall be contained in all State contracts or sub-contracts.
During the performance of this contract,the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin,sex,marital status,
religion,ancestry,mental or physical handicap,or age. The contractor will take affirmative action to insure that applicants am employed,and that employees
are treated during employment,without regard to the above mentioned characteristics. Such action shall include,but not be limited to the following:
employment,upgrading,demotion,or transfer,recruitment or recruitment advertisings;lay-offs or terminations;rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for
employment,notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause.
(b) The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will
receive consideration for employment without regard to race,creed,color,national origin,sex,marital status,religion,ancestry,mental or physical handicap,
or age.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or
understanding,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under
the Executive Order,Equal Opportunity and Affirmative Action,dated April 16,1975,and of the rules,regulations,and relevant Orders of the Governor.
(d)The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April
16,1975,and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books,records,and accounts by the
contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and
orders.
(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such
individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity,because of race,
creed,color,sex,national origin,or ancestry.
(f) A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder;or attempt either
directly or indirectly,to commit any act defined in this contract to be discriminatory.
Form 6-AC-02B
Revised 1/93
615.82.50.6020
AmeriCurps Contract Page 8 of 9
•
•
(g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any such rules,regulations,or orders,this
contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance
with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16,1975,or by rules,regulations or orders promulgated
in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity
and Affirmative Action of April 16,1975,or by rules,regulations or orders promulgated in accordance therewith,or as otherwise provided by law.
(h) The Contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor purchase order unless exempted by
rules,regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16,1975,so that such provisions will
be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the
contracting agency may direct,as a means of enforcing such provisions,including sanctions for non-compliance;provided,however,that in the event the
contractor becomes involved in,or is threatened with,litigation,with the subcontractor or vendor as a result of such direction by the contracting agency,
the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8-17-101 &102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken
hereunder and are financed in whole or in part by State funds.
b.When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident
bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.
If it is determined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would
otherwise be available or would otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to the extent necessary
to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements(CRS 8-19-101 and 102).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution,and enforcement
of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or
person or which is otherwise in conflict with said laws,rules,and regulations shall be considered null and void. Nothing contained in any provision incorporated
herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at
law whether by way of complaint,defense,or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the
remainder of this contract to the extent that the contract is capable of execution.
8. 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.
9. 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 artearages;(b)unpaid balance of tax,accrued interest,or other charges specified in Article 22,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 judgement as certified by the controller.
10.The signatories aver that they are familiar with CRS 18-8-301,et.seq.,(Bribery and Corrupt Influences)and CRS 18-8-401,et.seq.,(Abuse of Public
Office),and that no violation of such provisions is present.
11. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property
described herein:
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
Contractor:
(E5rllLegalNamel Board of County Commissioners,County of STATE OF COLORADO
Lorimer. State of Colorado, for the use and benefit of BILL OWENS,GOVERNOR
Lorimer County Workforce Center By
EXECUTIVE DIRECTOR
•
•
Position(Title) DEPARTMENT
OF State Board for Community Colleges and Occunational Education
84-6000779
Petrel LD.Number or Social seemly Number
APPROVALS
STATE CONTROLLER
Attest by: Arthur L.Barnhart
By
Corymete seaetary,or nquiveltm,Town\CityuCounty Oak
ATTORNEY GENERAL
By
Form 6-AC-02C
Revised 6/97
615-82.50-6038
AmeriCorps Contract Page 9 of 9
EXHIBIT C
WELD COUNTY AMERICORPS
REQUEST FOR PAYMENT
Date: Payment Period:
Name of Agency:
Contact Person/Telephone Number
Mailing Address:
Total Amount of Reimbursement Requested: $
Current Cumulative
Budget Expenditures Expenditures Balance
A. MEMBER SUPPORT $47,524.00
B. OTHER MEMBER COSTS -0-
C. STAFF $2,002.00
D. OPERATIONAL $2,002.00
E. INTERNAL EVALUATION -0-
F. ADMINISTRATION -0-
Total $51,528.00
All costs must be supported by source documents maintained by the subcontract
Name of Person Preparing Report Authorized Signature
EXHIBIT C
WELD COUNTY AMERICORPS
MATCH REPORT
Date: Match Period:
Name of Agency:
Contact Person/Telephone Number
Mailing Address:
Match Current Reported
Period To
Budget Reported* Date Balance
A. MEMBER SUPPORT $47,524.00
B. OTHER MEMBER COSTS $687.00
C. STAFF $33,068.00
D. OPERATIONAL $4,256.00! I I I
E. INTERNAL EVALUATION ! -0-I I I
F. ADMINISTRATION I $7,680.00! I I
Total I $93,215.00! I I I
*All contributions,both cash and in-kind must be properly valued and have adequate supporting
documentation maintained by the subgrantee.
Name of Person Preparing Report Authorized Signature
MEMORANDUM
DATE: October 30, 2002
TO: Glenn Vaad, Weld County Board of Commissioners
Will
�. Sp
eckman,Walter J. S eckman, Executive Director u
COLORADO SUBJECT: Contract between Employment Services of
Weld County and Larimer County Employment
and Training Services
Enclosed for Board approval is a contract between the Larimer County Employment and
Training Services and Employment Services of Weld County for the operation of the Weld
County Youth Conservation Corps, AmeriCorps Program. This contract is a result of a
collaborative grant proposal submitted by Larimer County Employment and Training Services
and Weld County Employment Services to operate the AmeriCorps Program.
Funding provided for the Program is $51,528.00 and the period of performance is August 1,
2002 through July 31, 2003.
If you have any questions, please telephone me at 353-3800.
2002-2940
Hello