HomeMy WebLinkAbout20053636.tiff RESOLUTION
RE: APPROVE 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 a 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 Workforce Development Council, Office of Workforce Development, commencing
January 1,2006,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 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 Workforce Development
Council, Office of Workforce Development, 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 19th day of December, A.D., 2005.
�, ► E ',e)� BOARD OF COUNTY COMMISSIONERS
WELD COUNTY O ORADO
ATTEST: ��T / ! r , ." a �I .kA,_
/ukr
illiam H. rke, Chair
Weld County Clerk to the ratsfifr
^ ^ Vail
_ M. J. ile, Pro-Tem
BY: D l+ Ua'J'1 Gr✓l
p ty C rk to the B rd _ o La
Dav E. Lon �
R ED F I1
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Glenn Vaad V L
Date of signature: i I I z(oia
2005-3636
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MEMORANDUM
' DATE: December 12 , 2005
C TO: William H Jerke, Chair
Board of Weld County Commissioners
COLORADO FROM: Walter J. Speckman, Executive Director vz-
Division of Human Services
SUBJECT: Contract between the Department of Local
Affairs and Employment Services of Weld
County
Enclosed for Board approval is a Contract between the Colorado Department of Local
Affairs/Office of Workforce Development and the Weld County/Employment Services of
Weld County for Continued Improvement grant funds.
Funding provided through the Contract is in the amount of Fifty Seven Thousand and
Two Hundred Dollars ($57,200.00) and will be used to develop and enhance the
programs and continued improvement efforts of the Employment Services of Weld
County.
The period of performance will begin January 1, 2006 and shall be completed on or
before September 30, 2006.
If you have any questions, please telephone me at (970) 353-3800, extension 3317.
2005-3636
Contract Routing# of 0
Vendor#846000813'
CFDA#17.260
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 Weld County/Employment Services of
Weld County, 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 Number445 ,Org. Unit LWBO , GBL 5KIC , Contract Encumbrance Number 06WF20WC ; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS,the United States Department of Labor, Employment&Training Administration (ETA), made annual
appropriation of the Workforce Investment Act(WIA)of 1998 grant funds to the Colorado Department of Labor and
Employment. The Workforce Development Council is responsible for disbursing the 10% Discretionary funds component
of the WIA grant to foster the development and continuous improvements of the workforce system;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)(1); [and]
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 Objectives. All project activities shall be eligible under the applicable federal grant
agreement, and all related regulations and requirements
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.
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.a (2.5 3636,
6) Compensation and Method of Payment. The State shall reimburse the contractor's reasonable, allowable costs, as
defined herein, not exceeding Fifty seven thousand, two hundred Dollars ($ 57,200.00). 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) 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 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.
9) 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.
10) Contract Termination. This contract may be terminated as follows:
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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
contractors 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 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.
11) 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";
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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 11.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
11 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 11.b) and 11.c)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 state agencies as appropriate, e.g.
Attorney General, State Controller,etc.
12) 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.
13) 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.
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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 13.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.
H) Threshold Requirements for Exceptions. Upon the written request of the Contractor, the State may grant
an exception to the provisions of this subparagraph 13.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
H. 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 13.b);
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 13.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 13.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.
14) 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
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include:
a) Workforce Investment Act and Wagner-Pevser 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) Aqe 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 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.
iii) 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.
15) 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.
16) 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.
17) 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.
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18) 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.
19) 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.
20) 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.
21) 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. CONTROLLER'S APPROVAL.CRS 24-30-202(1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may
designate.
2. FUND AVAILABILITY.CRS 24-30-202(5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,
budgeted,and otherwise made available.
3. INDEMNIFICATION.
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,LIABILITY,OR
UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN.CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS'
COMPENSATION(AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE)AND UNEMPLOYMENT
COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW,AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE
CONTRACTOR,ITS EMPLOYEES AND AGENTS,
5. NON-DISCRIMINATION.
The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment
practices.
6. CHOICE OF LAW
The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution,and enforcement
of this contract.Any provision of this contract,whether or not incorporated herein by reference,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 8 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:August 1,2005
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
LL OWENS, GOVEl3NOR
Weld County, Colorado At GA
Legal Name of Contracting Entity
/ Barbara kirkmey r,
Acting Executive Director
84-6000-813 Department of Local Affairs
Social Security Number or FEIN
`V PRE-APPROVED FORM CONTRACT REVIEWER:
Signature of Authorized Officer
William H. Serke, Chair
Li& ht, 1 r (140r
Print Name & Title of Authorized Officer
12/19/2005
CORPORATIONS:•. , ,,,,�
(A corporate attestation is required.) {V}
A.Attest (Seal) By lGte1161 it ) Az?
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NT ftTk\TS PVIUSF 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 Auten, Con Iler
Department of Local Affair
Date D/ e: topple,
Effective Date:August 1, 2005
,:a25 -3 636
EXHIBIT A
SCOPE OF SERVICES
1. PROJECT DESCRIPTION, OBJECTIVES,& REQUIREMENTS
A. Innovations in Service Delivery
Based on the Service Plans submitted by each region in July 2005,these funds will be used for evaluating and
improving key processes and foster organizational learning and knowledge sharing.
B. CIMS Performance
Funds used for CIMS Performance are to be used in accordance with allowable WIA Federal Expenditures and
WIA Performance Measures to continue and enhance the CIMS program.
C. CPEx Participation
These funds are to be used in the application process for those regions that are participating in the CPEx
evaluation system.
2. TIME OF PERFORMANCE
The Project shall commence on January 1,2006 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 60 days prior to the completion date specified above and shall
include a full justification for the extension request.
3. BUDGET
Project Activities Incentive Funds
Innovations j $30,000.00
i J
CIMS Performance $22,200.00 I
CPEx Participation j $5,000.00 j
1
TOTAL $57,2000.00
4. REMIT ADDRESS: (Address to where payments are to be sent)
P.O. Box 1805
Greeley, Colorado 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:
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, Subsection!."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
10% Discretionary Grant— Incentive Funds
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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