HomeMy WebLinkAbout20052992.tiff RESOLUTION
RE: APPROVE 2005 WORKFORCE CONTRACT 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 the 2005 Workforce Contract 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 Colorado Department of Local Affairs, on behalf of the Office of Workforce Development,
and the Colorado Workforce Development Council, commencing October 1, 2005, and ending
September 30, 2006, 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 2005 Workforce Contract 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,the Colorado Department
of Local Affairs, on behalf of the Office of Workforce Development and the Colorado Workforce
Development Council 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 10th day of October, A.D., 2005, nunc pro tunc October 1, 2005.
r IL BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ,j4/,I/► ' l,f.�e ,' ) EXCUSED
'•.,�.�` �� William H. Jer , Chair
Weld County Clerk to th 14.
/1 tq ►,,.�,,,�.I M. ile, Pro-Tem
BY: it LLA Bar. P!' ' e4 CC
D: o uty Cle !to the Board q^
David E. Long
AP ED AS TO F EXCUSED
Robe D. Masdgn
my Attorney U/Rl�
Glenn Vaad
Date of signature: f0 I Ig in
2005-2992
HR0076
�( IASC3j io_ 7 _ �S-
ircfet , MEMORANDUM
I DATE: October 10, 2005
C TO: William H Jerke, Chair
Board of Weld County Commissioners
COLORADO
FROM: Walter J. Speckman, Executive Director ✓/�
Division of Human Services
SUBJECT: Workforce Contract between the
Department of Local Affairs and
Employment Services of Weld County
Enclosed for Board approval is a Workforce Contract between the Colorado Department
of Local Affairs/Office of Workforce Development and the Colorado Workforce
Development Council and Weld County/Employment Services of Weld County for Youth
Transition Grant funds.
Funding provided through the Contract is amount Forty Three Thousand Dollars
($43,000.00) and will be used to improve transition outcomes for youth with disabilities.
The period of performance will begin on October 1, 2005 and end on September 30,
2006.
If you have any questions, please telephone me at (970) 353-3800, extension 3317.
2005-2992
Contract Routing# (7O i-pzeh
Vendor#846000813*
CFDA# 17 . 72_O
WORKFORCE CONTRACT
THIS CONTRACT, made by and between the State of Colorado for the use and benefit of the
Department of Local Affairs/Office of Workforce Development and the Colorado Workforce Development
Council 1313 Sherman Street, Denver, Colorado 80203 hereinafter referred to as the State or Council,
and Employment Services of Weld County, PO Box 1805, Greeley, CO 80632 hereinafter referred to as the
Contractor,
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 100 , Appropriation Code Number 432 , Org. Unit LWBO , GBL J5YT , Contract
Encumbrance Number L6YTGWC ; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the United States Department of Labor, Office of Disability Employment Program (ODEP)
through State Alignment Grants, made Youth Transition Grant (YTG) funds available to improve the
employment and career advancement of people with disabilities through enhanced availability and provision
of customized employment services through One-Stop delivery system established under the Workforce
Investment Act. The purpose of the grant is to improve transition outcomes for youth with disabilities through
the use of intermediaries; and
WHEREAS, the Office of Workforce Development is the administrative entity for the Colorado
Workforce Development Council, the grant recipient and is located in the Colorado Department of Local
Affairs (Department) pursuant to C.R.S. 24-1-125(2)0).
NOW, THEREFORE, it is hereby agreed that:
1) Scope of Services. In consideration for the monies to be received from the Council, the Contractor shall
do, perform, and carry out, in a satisfactory and proper manner, as determined by the Council, all work
elements as indicated in the "Scope of Service", set forth in Exhibit A, which is attached hereto and is
incorporated herein by reference, and is hereinafter referred to as the "Project".
2) Responsible Administrator. The performance of the services required hereunder shall be under the
direct supervision of Linda Perez an employee or agent of Contractor, who is hereby designated as the
responsible administrator of this Project. At any time the Contractor wishes to change the responsible
administrator, the Contractor shall propose and seek the State's approval of such replacement
responsible administrator. The State's approval shall be evidenced through a Contract Amendment to
this contract initiated by the State as set forth in paragraph 12.b. of this Contract. Until such time as the
State concurs in the replacement responsible administrator, the State may direct that Project work be
suspended
3) Time of Performance. This Contract shall become effective upon proper execution of this Contract by
the State Controller or designee. The Project contemplated herein shall commence as soon as
practicable after the execution of this Contract and shall be undertaken and performed in the sequence
set forth in the attached Exhibit A, Scope of Services. The Contractor agrees that time is of the essence
in the performance of its obligations under this Contract, and that completion of the Project shall occur
not later than the termination date set forth in the Scope of Services.
4) Eligibility and National Obiectives. All project activities shall be eligible under the applicable federal
grant agreement, and all related regulations and requirements
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5) Prior Expenses. Expenses incurred by the Contractor in association with said Project prior to the
execution of this Contract are not eligible grant expenditures and shall not be reimbursed by the State.
6) Compensation and Method of Payment. The State shall reimburse the contractor's reasonable,
allowable costs, as defined herein, not exceeding Forty three thousand Dollars ($43,000). The method
and time of payment shall be made in accordance with this paragraph 6 and the "Payment Schedule" set
forth herein in Exhibit A. Any State funds not required for completion of the Project will be
unencumbered by the State at the conclusion of the Project.
In addition to the requirements set forth in Exhibit A:
a) The Contractor shall periodically initiate all reimbursement requests by submitting to the State a
written request using the State-provided form, for reimbursement of actual and proper expenditures
of grant funds plus an estimation of funds needed for a reasonable length of time.
b) The State may withhold any payment if the Contractor has failed to comply with the grant program
objectives, contractual terms, or reporting requirements.
c) The State may withhold the final payment until the Contractor has submitted and the State has
accepted, all required quarterly Financial Status Report and Performance Report information.
d) The Uniform Administrative Requirements for Grants and Cooperative agreements to State and
Local Governments (the "Common Rule"), and the applicable OMB circulars cited therein, shall
govern the allowability and allocability of costs under this contract.
7) Financial Management. At all times from the effective date of this Contract until completion of this
Contract, the Contractor shall comply with the following applicable administrative and financial
management requirements.
a) Uniform Administrative Requirements, 29 CFR Part 97 for State/Local Governments and Indian
Tribes, or 29 CFR Part 95, for Institutions of Higher Education, Hospitals and other Non-Profit
Organizations.
b) Cost Principles (subject to exceptions specified at 20 CFR Part 667), OMB Circular A-87 for
State/Local Governments and Indian Tribes, OMB Circular A-21 for Institutions of Higher Education,
or OMB Circular A-122 for Non-Profit Organizations.
8) Property Installation or Transfer. The State shall purchase and install assistive technology hardware,
software, and accessories at the Contractor's designated location. When applicable, such installation
and/or transfer shall be documented using the form attached hereto as Exhibit D, which when executed
shall act as an amendment to this contract. The Contractor is to be responsible for the setup,
positioning, housing, usage, upkeep and maintenance of such equipment in accordance with its own
policies and the terms of this agreement.
9) Audit.
a) Discretionary Audit. The State, through the Executive Director of the Council, the State Auditor, or
any of their duly authorized representatives, including an independent Certified Public Accountant of
the Council'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 the Contractor receives final payment for this Project, provided that the audit is
performed during normal business hours.
b) Mandatory Audit. Whether or not the State calls for a discretionary audit as provided above, the
Contractor shall include the Project in its annual audit report as required by the Colorado Local
Government Audit Law, C.R.S. 1973, 29-1-601, et seq. and the Single Audit Act of 1996, Pub. L.
104-156, and Federal and State implementing rules and regulations. Such audit reports shall be
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simultaneously submitted to the Department and the State Auditor. Thereafter, the Contractor shall
supply the Department with copies of all correspondence from the State Auditor and/or federal
agencies related to the relevant audit report. If the audit reveals evidence of non-compliance with
applicable requirements, the Department reserves the right to institute compliance or other
appropriate proceedings notwithstanding any other judicial or administrative actions filed pursuant to
C.R.S. 1973, 29-1-607 or 29-1-608.
10) Contract Suspension. If the Contractor fails to comply with any contractual provision, the State may,
after notice to the Contractor, suspend the Contract and withhold further payments or prohibit the
Contractor from incurring additional obligations of contractual funds, pending corrective action by the
Contractor or a decision to terminate in accordance with provisions herein. The State may determine to
allow such necessary and proper costs, which the Contractor could not reasonably avoid during the
period of suspension, provided such costs were necessary and reasonable for the conduct of the
Project.
11) Contract Termination. This contract may be terminated as follows:
a) Termination Due to Loss of Funding. The parties hereto expressly recognize that the Contractor is
to be paid, reimbursed, or otherwise compensated with federal grant funds provided to the State for
the purpose of contracting for the services provided for herein or with program income, and
therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to
compensation arising under this Contract are contingent upon receipt of such funds by the State. In
the event that such funds or any part thereof are not received by the State, the State may
immediately terminate or amend this Contract.
b) Termination for Cause. If, through any cause, the contractor shall fail to fulfill, in a timely and proper
manner, its obligations under this contract, or if the contractor shall violate any of the covenants,
agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this
contract for cause by giving written notice to the contractor of its intent to terminate and at least five
(5) days opportunity to cure the default or show cause why termination is otherwise not appropriate.
In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings,
maps, models, photographs, and reports or other material prepared by the contractor under this
contract shall, at the option of the State, become its property, and the contractor shall be entitled to
receive just and equitable compensation for any services and supplies delivered and accepted. The
contractor shall be obligated to return any payment advanced under the provisions of this contract.
Notwithstanding the above, the contractor shall not be relieved of liability to the State for any
damages sustained by the State by virtue of any breach of the contract by the contractor, and the
State may withhold any payment to the contractor for the purposes of mitigating its damages until
such time as the exact amount of damages due to the State from the contractor is determined
If after such termination it is determined, for any reason, that the contractor was not in default, or that
the contractor's action/inaction was excusable, such termination shall be treated as a termination for
convenience, and the rights and obligations of the parties shall be the same as if the contract had
been terminated for convenience, as described herein.
c) Termination for Convenience. The State may terminate this Contract at any time the State
determines that this contract is no longer in the best interest of the State. The State shall effect such
termination by giving written notice of termination to the Contractor and specifying the effective date
thereof, at least twenty (20) days before the effective date of such termination. In that event, all
finished or unfinished documents and other materials as described in subparagraph 11.b. above
shall, at the option of the State, become its property. If the Contract is terminated by the State as
provided herein, the Contractor will be paid an amount which bears the same ratio to the total
compensation as the services actually performed bear to the total services of the Contractor covered
by this Contract, less payments of compensation previously made: Provided, however, that if less
than sixty percent (60%) of the time allotted for the period of performance of services covered by this
contract have elapsed upon the effective date of such termination, the Contractor shall be
reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses
(not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period
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which are directly attributable to the uncompleted portion of the services covered by this Contract. If
this Contract is terminated due to the fault of the Contractor, subparagraph 11.b. hereof relative to
termination for cause shall apply.
12) Modification and Amendment
a) Modification by Operation of Law. This Contract is subject to such modifications as may be required
by changes in federal or state law or regulations. Any such required modifications shall be
incorporated into and be part of this Contract as if fully set forth herein.
b) Unilateral Amendment. The State may unilaterally modify the following portions of this Contract
when such modifications are requested by the Contractor or determined by the State to be
necessary and appropriate. In such cases, the Amendment is binding upon proper execution by the
State Controller's designee and without the signature of the Contractor
i) Paragraph 2 of this Contract, "Responsible Administrator";
ii) Paragraph 2 of Exhibit A, Scope of Services "Time of Performance";
iii) Paragraph 4 of Exhibit A, Scope of Services "Remit Address",
iv) Paragraph 5 of Exhibit A, Scope of Services "Payment Schedule".
Contractor must submit a written request to the Department if modifications are required.
Amendments to this Contract for the provisions outlined in this Paragraph 12 b). i) through iv):
Responsible Administrator, Time of Performance, Remit Address, or Payment Schedule can be
executed by the State (Exhibit B1)
c) Bilateral Amendment. In the following circumstances, modifications shall be made by an Amendment signed
by the Contractor, the Executive Director of the Department and the State Controller's designee. Such
Amendments must be executed by the Contractor then the State and are binding upon proper execution by the
Executive Director of the Department and the State Controller's designee.
i) when cumulative budgetary line item changes exceed Twenty Thousand Dollars ($20,000.00);
ii) when any budget transfers to the Personnel or Fringe Benefits categories are proposed;
iii) when any other material modifications, as determined by the State, are proposed to Exhibit A or
any other Exhibits;
iv) when additional or less funding is needed and approved and modifications are required to
Paragraph 6 of this Contract, Compensation and Method of Payment as well as to Exhibit A
"Budget" and "Payment Schedule";
v) when there are additional federal statutory or regulatory compliance changes in accordance with
Paragraph 15 of this Contract.
Such Bilateral Amendment may also incorporate any modifications allowed to be made by Unilateral
Amendment as set forth in subparagraph 12.b) of this paragraph.
Upon proper execution and approval, such Amendment (Exhibit B2) shall become an amendment to
the Contract, effective on the date specified in the amendment. No such amendment shall be valid
until approved by the State Controller or such assistant as he may designate. All other modifications
to this Contract must be accomplished through amendment to the contract pursuant to fiscal rules
and in accordance with subparagraph 12 d).
d) Other Modifications. If either the State or the Contractor desired to modify the terms of this Contract
other than as set forth in subparagraphs 12.b) and 12.c) above, written notice of the proposed
modification shall be given to the other party. No such modification shall take effect unless agreed to
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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 state agencies as appropriate, e.g. Attorney General, State Controller, etc.
13) Integration. This Contract, as written, with attachments and references, is intended as the complete
integration of all understanding between the parties at this time and no prior or contemporaneous
addition, deletion or amendment hereto shall have any force or effect whatsoever, unless embodied in a
contract amendment incorporating such changes, executed and approved pursuant to applicable law.
14) Conflict of Interest.
a) In the Case of Procurement. In the procurement of supplies, equipment, construction and services
by the Contractor and its subcontractors, no employee, officer or agent of the Contractor or its
subcontractors shall participate in the selection or in the award of administration of a contract if a
conflict of interest, real or apparent, would be involved. Such a conflict would arise when the
employee, officer or agent; any member of his immediate family; his partner; or an organization
which employs, or is about to employ, any of the above, has a financial or other interest in the party
or firm selected for award. Officers, employees or agents of the Contractor and its subcontractors
shall neither solicit nor accept gratuities, favors or anything of monetary value from parties or
potential parties to contracts. Unsolicited items provided as gifts are not prohibited if the intrinsic
value of such items is nominal.
b) In All Cases Other Than Procurement. In all cases other than procurement (including the provision
of housing rehabilitation assistance to individuals, the provision of assistance to businesses, and the
acquisition and disposition of real property), no persons described in subparagraph i) below who
exercise or have exercised any functions or responsibilities with respect to grant activities or who are
in a position to participate in a decision-making process or gain inside information with regard to
such activities, may obtain a personal or financial interest or benefit from the activity, or have an
interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder,
either for themselves or those with whom they have family or business ties, during their tenure for
one year thereafter.
i) Persons Covered. The conflict of interest provisions of this subparagraph 14.b) apply to any
person who is an employee, agent, consultant, officer, or elected official or appointed official of
the Contractor or of any designated public agencies or subcontractors receiving grant funds.
ii) Threshold Requirements for Exceptions. Upon the written request of the Contractor, the State
may grant an exception to the provisions of this subparagraph 14.b) when it determines that
such an exception will serve to further the purposes of the grant program and the effective and
efficient administration of the Contractor's Project. An exception may be considered only after
the Contractor has provided the following:
a) A disclosure of the nature of the conflict, accompanied by an assurance that:
i. there has been or will be a public disclosure of the conflict and a description of how the
public disclosure was or will be made; and
ii. the affected person has withdrawn from his or her functions or responsibilities, or the
decision-making process with respect to the specific grant-assisted activity in question;
and
b) An opinion of the Contractor's attorney that the interest for which the exception is sought
would not violate State or local law; and
c) A written statement signed by the chief elected official of the Contractor holding the State
harmless from all liability in connection with any exception which may be granted by the
State to the provisions of this subparagraph 14.b);
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iii) Factors to be Considered for Exceptions. In determining whether to grant a requested exception
after the Contractor has satisfactorily met the requirements of subparagraph 14.b) ii) above, the
State shall consider the cumulative effect of the following factors, where applicable:
a) Whether the exception would provide a significant cost benefit or an essential degree of
expertise to the Project which would otherwise not be available;
b) Whether an opportunity was provided for open competitive bidding or negotiation;
c) Whether the person affected is a member of a group or class of persons with disabilities
intended to be beneficiaries of the grant assisted activity, and the exception will permit such
person to receive generally the same benefits as are being made available or provided to
the group or class;
d) Whether the interest or benefit was present before the affected person was in a position as
described in this subparagraph 14.b);
e) Whether undue hardship will result either to the Contractor or the person affected when
weighted against the public interest served by avoiding the prohibited conflict; and
f) Any other relevant considerations.
15) Compliance with Applicable Laws. At all times during the performance of this Contract, the Contractor
and any subcontractors shall strictly adhere to all applicable Federal and State laws, orders, and all
applicable standards, regulations, interpretations or guidelines issued pursuant thereto. The applicable
Federal laws and regulations include:
a) Workforce Investment Act and Wagner-Peyser Act, 20 CFR Parts 652, et al.
b) Single Audit Act, 29 CFR Part 96.
c) Nondiscrimination and Equal Opportunity Requirements, 29 CFR Parts 33, 34, and 37.
d) Debarment and Suspension; Drug Free Workplace, 29 CFR Part 98
e) Contract Work Hours and Safety Standards Act of 1962 (40 USC 327 et seq.) requiring that
mechanics and laborers employed on federally-assisted contracts which exceed $2,000 be paid
wages of not less than one and one-half times their basic wage rates for all hours worked in excess
of forty in a work week.
f) Section 504 of the Rehabilitation Act of 1973 (29 USC 793), as amended, providing that no
otherwise qualified individual shall, solely by reason of a handicap, be excluded for participation
(including employment), denied program benefits or subjected to discrimination under any program
or activity receiving federal funds.
g) Age Discrimination Act of 1975 (42 USC 6101), as amended, providing that no person shall be
excluded from participation, denied program benefits or subjected to discrimination on the basis of
age under any program or activity receiving federal funds.
h) Contract and attachments.
i) Lobbying. The Contractor assures and certifies that:
i) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any federal contract, the making of a
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federal grant, the making of any federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any federal contract,
grant, loan or cooperative agreement.
ii) If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an offer or employee of any agency, a Member of
Congress, an officer or employee of congress, or an employee of a Member of Congress in
connection with this federally funded contract, grant, loan, or cooperative agreement, it shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance
with its instructions.
Hi) It shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
iv) It understands that this certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, USC.
Any person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000.00 and not more than $100,000.00 for each such failure.
16) Monitoring and Evaluation. The State will monitor and evaluate the Contractor for compliance with the
terms of the contract, and the rules, regulations, requirements and guidelines, which the State has
promulgated or may promulgate. The Contractor may also be subject to monitoring and evaluation by
the U.S. Department of Labor.
17) 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 waiver of any other term nor as a waiver of a
subsequent breach of the same term.
18) Binding on Successors. Except as herein otherwise provided, this agreement shall inure to the benefit of
and be binding upon the parties, or any subcontractors hereto, and their respective successors and
assigns.
19) Subletting, Assignment or Transfer. Neither party nor any subcontractors hereto may sublet, sell,
transfer, assign or otherwise dispose of this Contract or any portion thereof, or of its rights, title, interest
or duties therein, without the prior written consent of the other party. No subcontract or transfer of
Contract shall in any case release the Contractor of liability under this Contract.
20) Non-Discrimination. 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. In compliance with Paragraph 5 of the
Special Provisions section of this contract, Contractor agrees to consider minorities or minority
businesses as employees, specialists, agents, consultants or subcontractors under this Contract.
Contractor may utilize the expertise of the State Minority Business Office within the Office of the
Governor for assistance in complying with the non-discrimination and affirmative action requirements of
this Contract and applicable statutes.
21) Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary, the parties
understand and agree that all terms and conditions of this Contract and the exhibits and attachments
hereto which may require continued performance or compliance beyond the termination date of the
Contract shall survive such termination date and shall be enforceable to the State as provided herein in
the event of such failure to perform or comply by the Contractor or its subcontractors.
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22) Order of Precedence. In the event of conflicts or inconsistencies between this contract and its exhibits
or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the
following order of priority:
a) Colorado Special Provisions
b) Contract
c) The Scope of Services, Exhibit A
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SPECIAL PROVISIONS
(For Use Only with Inter-Governmental Contracts)
1. CONTROLLERS APPROVAL.CRS 24-30-202(1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may designate.
2. FUND AVAILABILITY.CRS 24-30-202(5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,
budgeted,and otherwise made available.
3. INDEMNIFICATION.
To the extent authorized by law,the contractor shall indemnify,save,and hold harmless the State 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.
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 for the parties,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
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE.
NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT
OR EMPLOYEE OF THE STATE.CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND
LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT.CONTRACTOR ACKNOWLEDGES THAT THE
CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR
THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE.
CONTRACTOR SHALL HAVE NO AUTHORIZATION,EXPRESS OR IMPLIED,TO BIND THE STATE TO ANY AGREEMENTS,LABILITY,OR
UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN.CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS'
COMPENSATION(AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE)AND UNEMPLOYMENT
COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW,AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE
CONTRACTOR,ITS EMPLOYEES AND AGENTS.
5. NON-DISCRIMINATION.
The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment
practices.
6. CHOICE OF LAW
The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution,and enforcement
of this contract.Any provision of this contract,whether or not incorporated herein by reference,which provides for arbitration by any extra-judicial body
or person or which is otherwise in conflict with said laws,rules,and regulations shall be considered null and void.Nothing contained in any provision
incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or
available in any action at law whether by way of complaint,defense,or otherwise.Any provision rendered null and void by the operation of this
provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution.
At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules,and regulations
that have been or may hereafter be established.
7. SOFTWARE PIRACY PROHIBITION Governor's Executive Order D 002 00
No State or other public funds payable under this Contract shall be used for the acquisition,operation,or maintenance of computer software in violation
of United States copyright laws or applicable licensing restrictions.The Contractor hereby certifies that,for the term of this Contract and any
extensions,the Contractor has in place appropriate systems and controls to prevent such improper use of public funds.If the State determines that the
Contractor is in violation of this paragraph,the State may exercise any remedy available at law or equity or under this Contract,including,without
limitation,immediate termination of the Contract and any remedy consistent with United States copyright laws or applicable licensing restrictions.
8. EMPLOYEE FINANCIAL INTEREST.CRS 24-18-201 &CRS 24-50-507
The signatories aver that to their knowledge,no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or
property described herein.
Effective Date:April 1,2004
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SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
ILL OWENS, GOVERNOR
Weld County, Colorado By
Legal Name of Contacting Entity Michael L. Beasley, Execu we ector
84-6001—: Department of Local Affairs
Social Security 'tuber or FEIN
-247..- /n14-2PRE-APPROVED FORM CONTRACT REVIEWER:
Signatur of Authorized Officer 10/10/2005
M. J. Geile, Chair Pro—Tem 7 K,- 6fS At t:
Print Name & Title of Authorized Officer ��' VVV E}
CORPORATIONS: ~�
(A corporate attestati is r r t:'
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Attest (Seal) ByIII ,' owe ,, , `r,
Dep gl y Cler to the Boo d +�= -'''� ' rt,al here, if available)
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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. ShenefeltL.
By .!e-
pRose ar'- Auten, ontroller
r Depa - ent of Lo I Affairs
I i/J/D_r
Date
:7C�os-a99
EXHIBIT A
SCOPE OF SERVICES
1. PROJECT DESCRIPTION, OBJECTIVES, & REQUIREMENTS
A. Contractor will provide oversight and ensure the development of a plan to improve and
sustain transition services to youth with disabilities through the use of the local
Intermediary/transition team. Development and initial implementation of the local
transition plan will occur by January 31, 2006.
• A copy of said plan will be provided to OWD for approval, prior to
implementation. The plan must include a budget outlining the use of the funds
provided under this contract.
• The local plan will be based on the ODEP-provided evidence-based operating
principles and will be a component of the Youth Transition Grant's State Plan.
• The plan will be aligned with the State Plan that is being developed-and will be
flexible enough to address needs or barriers as they arise, or as new information
is obtained.
• The plan will be developed from the data gathered from the local resource
mapping and focus group activities, as well as from the information gathered at
the State-level, as it relates to the local region.
• The plan will be reviewed and updated annually to maintain flexibility and
maximize the resources available locally.
• The plan will be developed by the local intermediary/transition team, which must
include members of local intermediary organizations, youth council, workforce
investment board, employers, parents, youth with disabilities, and others as
appropriate.
B. A local Youth Transition Grant Project Coordinator (PC) will be identified, and their
services will be coordinated through a local Workforce Center. Responsibilities will
include:
• Organizing and managing all logistical support required by the
Intermediary/Transition Team, and all other aspects of the local effort
• Assisting in the scheduling and conduct of any required training and technical
assistance locally or with the State-level grant team
• Monitoring and facilitating local intermediary partnership activities
• Promoting and supporting the local intermediary/transition team in building
infrastructure for collaboration and sustainability among the local partners
• Collecting evaluative data for transmission to the state-level project staff or to
ODEP directly
• Assisting the local Intermediary/transition team with the development,
implementation and monitoring of the Local Plan to improve transition services to
youth with disabilities
C. Data Collection, Input & Evaluation
a. Contractor will be responsible for individual data collection and input related to
people served through the implementation of the local plan. Data collection
requirements and related definitions will be identified by ODEP and will include
enrollment, services provided under this contract, program exit, and others. The
format for this data as well as the operating procedures will be provided at a later
date.
b. The local Intermediary/transition team is expected to assist with interpretation of
data and to use findings to make changes to the local plan to improve transition
services for youth with disabilities.
c. The local coordinator will participate with any ODEP-sponsored WESTAT
evaluation visit, which may take place during the term of this contract.
d. The local site will make available to the State-level grant team relevant grant-
related data or information, including best practices and promising practices.
e. The local PC will work with the State-level grant team to access any data
necessary for the State-level evaluation.
f. The local PC with work with the State-level grant team to provide input in order to
develop a statewide database for the project.
D. Participation in grant-related meetings
a. Local Intermediary/transition teams will attend grant-related meetings or training
sessions as requested to do so by the Office of Workforce Development and the
state grant team. Reasonable travel costs to attend these meetings will be
covered by the state grant.
b. The local PC shall participate on monthly conference calls initiated by the State
technical assistance team.
c. The local PC will attend a training provided by ODEP related to the data capturing
system that is being developed.
2. TIME OF PERFORMANCE
The Project shall commence on October 1, 2005 or upon the full and proper execution of this
Contract, whichever occurs later, and shall be completed on or before September 30, 2006.
However, the Project time of performance may be extended by Contract Amendment. To initiate this
process, a written request shall be submitted to the State by the Contractor at least 30 days prior to
the completion date specified above and shall include a full justification for the extension request.
3. BUDGET
Project Activities Total Costs YTG Funds
Youth Transition
! Grant $43,000 I $43,000
TOTAL ! $43,000 .- $43,000,
L L
4. REMIT ADDRESS: (Address to where payments are to be sent)
PO Box 1805
Greeley, CO 80632
5. PAYMENT SCHEDULE
Upon receipt of the Contractor's written request for funds to meet immediate cash needs on the State
provided form in Exhibit C, the State shall pay reasonable, allocable, allowable costs of performance
from available 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 remaining of such encumbered
funds.
6. CONTRACT MONITORING
The Colorado Department of Local Affairs shall monitor this Contract in accordance with the
provisions set forth in Paragraph 16 within the main body of this Contract.
7. REPORTING SCHEDULE
a) Financial Reports. The Contractor shall submit to the Department three (3) copies of quarterly
financial status reports within 20 days following the end of a calendar quarter using the State
provided form herein attached as Exhibit C.
b) Performance Reports. The Contractor shall submit to the Department three (3) copies of
quarterly performance reports within 20 days following the end of a calendar quarter. The
Contractor shall also submit narrative project completion report to the State within 90 days after
completion of the Project.
EXHIBIT B1
Contract Routing#
Encumbrance#
Vendor#
(for Remit Address)
APPR GBL
CFDA#
Unilateral
Amendment# of'Contract Encumbrance Number'
Between Colorado Department of Local Affairs and (Grantee Name and Address)
State Executed Contract Modifications
A. Modifications to Contract Boilerplate
Responsible Administrator: Delete old Administrator's name and insert in lieu thereof new"Responsible
Administrator".
B. Modifications to Exhibit A, Scope of Service.
Time of Performance: "Time of Performance is modified by deleting "Date" and inserting in lieu thereof"
Date ".
Remit Address: Delete current"Remit Address" and in insert in lieu thereof new"Remit Address".
All of the terms and conditions of the Original Contract remain unchanged except for those terms and conditions
modified by this Amendment# and all previous amendments. Both parties also expressly understand
that this Amendment# is incorporated into the Original Contract.
Department of Local Affairs
(Pre-approved Form Contract Reviewer Michael L. Beasley, Executive Director
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until
the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to
begin performance until the contract is signed and dated below. If performance begins prior to the date
below, the State of Colorado may not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
Leslie M. Shenefelt
By
Rose Marie Auten, Controller
Department of Local Affairs
Date:
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EXHIBIT B2
Contract Routing#
Encumbrance#
Vendor#
(for Remit Address)
APPR GBL
CFDA#
Bilateral
Amendment# of'Contract Encumbrance Number]
Between Colorado Department of Local Affairs and (Grantee Name and Address)
State and Contractor Executed Modifications
A. Modifications to Contract Boilerplate
Compensation and Method of Payment:
"Compensation and Method of Payment" in the Original Contract is modified by deleting " Amount " and inserting
in lieu there of" Amount ".
Responsible Administrator: Delete old Administrator's name and insert in lieu thereof new"Responsible
Administrator".
Compliance with Applicable Laws: Paragraph #15, "Compliance with Applicable Laws" in the Original Contract
is modified as follows: Include existing language"is revised to read" and the revised language.
B. Modifications to Exhibit A, Scope of Services.
Project Description, Objectives and Requirements: "Project Description, Objectives, and Requirements,
Subsectionl." is modified as follows: Include existing language"is revised to read" and the revised language.
Time of Performance: "Time of Performance" is modified by deleting current Date and inserting new Date .
Budget: "Budget" is modified by deleting the current Budget and inserting new Budget.
Remit Address: "Remit Address" is modified by deleting the current Remit Address and inserting new Remit
Address.
Payment Schedule: "Payment Schedule" is modified by deleting current Payment Schedule and inserting new
Payment Schedule.
Contract Monitoring: "Contract Monitoring" is modified by deleting current Contract Monitoring and inserting
new Contract Monitoring.
Reporting Schedule: "Reporting Schedule is modified by deleting current Reporting Schedule and inserting new
Reporting Schedule.
All of the terms and conditions of the Original Contract remain unchanged except for those terms and conditions
modified by this Amendment# and all previous amendments. Both parties also expressly understand that
this Amendment# is incorporated into the Original Contract.
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BILL OWENS, GOVERNOR
By
Legal Name of Contracting Entity Michael L. Beasley, Executive Director
Department of Local Affairs
Social Security Number or FEIN
PRE-APPROVED FORM CONTRACT REVIEWER:
Signature of Authorized Officer
Print Name &Title of Authorized Officer
CORPORATIONS:
(A corporate attestation is required.)
Attest(Seal) By
(Corporate Secretary or Equivalent,or Town/City/County Clerk) (Place corporate seal here,if available)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State
Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance
until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may
not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
Leslie M. Shenefelt
By
Rose Marie Auten, Controller
Department of Local Affairs
Date
Effective Date: April 1, 2004
EXHIBIT C
REQUEST FOR PAYMENT
Youth Transition Grant
1. GRANTOR 2. TYPE OF PAYMENT 3. RECIPIENT ORGANIZATION
(Name, Address, Telephone Number)
Department of Local Affairs Partial
Office of Workforce Development
1313 Sherman St, Room 521 Final
Denver, CO 80203
4. PERIOD COVERED BY THIS REQUEST 5. PAYMENT REQUEST 6. CONTRACT ENCUMBRANCE NUMBER
From: TO #:
7. PURPOSE FOR GRANT FUNDS REQUESTED
CURRENT
BUDGET LINE EXPENDITURES CURRENT MATCH
a. PERSONNEL
b. FRINGE BENEFITS
c. TRAVEL
d. EQUIPMENT
e. SUPPLIES
f. CONTRACTUAL
g. OTHER
h. TOTAL, DIRECT COST (Lines a through g)
i. INDIRECT COST
j. TRAINING COST/STIPENDS
k. TOTAL FUNDS REQUESTED
8. COMPUTATION OF AMOUNT OF REIMBURSEMENT REQUESTED
a. CUMULATIVE EXPENDITURES AS OF DATE:
b. TOTAL PAYMENTS PREVIOUSLY REQUESTED
c. TOTAL FUNDS NOW REQUESTING (Line 8a minus 8b)
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 grant requirements.
SIGNATURE OF AUTHORIZED OFFICIAL NAME AND TITLE (Type or Print) DATE SUBMITTED
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