HomeMy WebLinkAbout20042454.tiff RESOLUTION
RE: APPROVE 2004 AMERICORPS 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 2004 AmeriCorps 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 Governor's Commission on Community Service, Colorado AmeriCorps Program,
commencing September 1, 2004, and ending August 31, 2005,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 2004 AmeriCorps 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 Governor's -
Commission on Community Service,Colorado AmeriCorps Program, 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 18th day of August, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
4E./Las WEL COUNTY, COLORADO
•
861 �� �" f � Robert D. Masden, Chair
' °C n'fClerk to the Board
k we
�'-')D IC William H. Jer.-, Pro-Tem
Deputy Clerk to the Board — ���✓
M. J. e
APP ED AS ♦ E
David . Long
ounty Attorne
Glenn Vaa.t —�
Date of signature: 44/46
2004-2454
HR0075
hip
MEMORANDUM
a
e.
f DATE: August 10, 2004
TO: Robert D. Masden, Board of Commissioners �.
I 3
II `�C FROM: Walter J. Speckman, Executive Director
SUBJECT: Contract between Employment Services of Weld County
COLORADO and the Governor's Commission on Community Service, Colorado
AmeriCorps Program
Enclosed for Board approval is a contract between the Governor's Commission on Community
Service, Colorado AmeriCorps Program and Employment Services of Weld County for the
continued operation of the Weld County Youth Conservation Corps,AmeriCorps Program. This
contract is a result of the continuation proposal submitted by Employment Services to operate
the Weld County Youth Conservation Corps/AmeriCorps Program.
Funding provided for the Program is$148,800.00 and the period of performance is September
1, 2004 through August 31, 2005.
If you have any questions, please telephone me at 353-3800.
2004-2454
•
SBCCOE Contract number, ,
A.MERJCORPS CONTRACT •
THIS CONTRACT.made this .2004 by and between the State of Colorado for the use and benefit of the
Office of the Lieutenant Governor on behalf of the Governor's Commission on Community Service, Colorado AmeriCorps
Program, 1059 Alton Way.Suite 253,Denver.Colorado 80203,and its fiscal agent,the State Board for Community Colleges
and Occupational Education, "State."and the Board of Weld County Commissioners,Weld County Division of Human Services,
P.O.Box 1805, 1551 N. 17th] Ave. Greeley;CO 80632-1805, "Contractor."
WITNESSETH:
WHEREAS, authority exists in the law and funds have been budgeted, appropriated, and otherwise made available and a
sufficient unencumbered balance thereof remains available for payment in Fund Number 330,Appropriation Code Number,SPP,
Org.Unit GJA,Contract Encumbrance Number ,and
WHEREAS,required approval,clearance and coordination have been accomplished from and with appropriate agencies;and
WHEREAS,pursuant to the National and Community Service Act of 1990,as amended,(42 U.S.C.§I2501),monies are to be
distributed through the AmeriCorps Program, with the State Board for Community Colleges and Occupational Education,
Governor's Commission on Community Service Colorado AmeriCorps Program,administering the funds;and
WHEREAS,the State Purchasing Director has provided a waiver from the State's procurement process for the award of grants
under the AmeriCorps*State Grams Program dated February 8, 1994; and
WHEREAS,applications for distributions from the Program have been received by the Governor's Commission on Community
Service;and
WHEREAS,the Governor's Commission on Community Service desires to distribute said funds and the Governor has approved
pursuant to law;and
WHEREAS, at the date of execution of this agreement, the Contractor meets all other requirements for entering into this
contract.
NOW THEREFORE, the parties enter into the following agreement:
I. Legislative Authority
This contract is authorized by and subject to the National and Community Service Act of 1990 as amended.codified
as 42 U.S.C.§ 12501 et seq.,and 45 C.F.R.Part 2510 et seq.
II. Legal Authority
The Contractor warrants that it possesses the legal authority to enter into this contract. The person or persons
slgnin_this contract on behalf of the Contractor also warrant that they have full authorization to execute this contract.
III. State Responsible Administrator
Questions related to this proiec: or periormance under this cont;-::et should be directed to me following State
representative:Nancy Brown,Executive Director of the Governor's Commission on Community Service,Colorado AmeriCorps
Program.1059 Alton Way.Suite 253.Denver,Colorado 80230,(303)595-1541,f: (720)904-9738.
IV. Scope of Services •
In consideration for the monies to be received from the State,the Contractor shall perform,in a satisfactory and .
proper manner, as determined by the State,all work set forth in the "Statement of Work/Budget",attached as Exhibit A, as
AmeriC.orps Contract
Page 1 of 8
explained by relevant portions of the contractor's grant application,both of which are incorporated by reference, and which
collectively hereinafter are referred to as the"Project". The Contractor shall provide matching funds in the amounts and cost
categories specified in the "Grantee Share" of the Budget incorporated in Exhibit A.
V. AmeriCorps Program Requirements and General Provisions
The Contractor agrees to perform in accordance with,and to comply with,the AmeriCorps Program Requirements
and General Provisions issued by the Corporation for National and Community Service on July 2003, and all revisions,
refinements, and modifications as may be made thereto, which are a part of this contract and incorporated herein by this
reference. A copy of these provisions are provided to the Contractor and are available on file with the State.
VI. Responsible Contract Administrator
The performance of the services required herein shall be under the direct supervision of Ted Long,an employee or
agent of the Contractor,who is hereby designated as the administrator-in-charge of this Project. If at any time the administrator-
in-charge is not assigned to this Project,a mutually acceptable replacement administrator-in-charge shall be designated,and the
State shall receive notification of such replacement assignment and the plan to permanently fill the administrator position.
VII. Statement of Work\Budget Modification Procedures.
The Contractor may modify the Statement of Work\Budget in accordance with the procedures set forth in Section
XVII, Subsection 1, "Modification and Amendment," and must be made with prior approval by the State Responsible
Administrator.
VIII. Period of Performance
The Contractor agrees to commence delivery of the contemplated services on the 1'Day of September,2004,and
agrees to deliver such services in as expeditious a manner as possible, but in any event services for which payment is
contemplated by the terms of this contract shall be completed by the 31st day of August,2006.
IX. Contract Amount
In consideration of the satisfactory performance of the Contractor under this contract,the State shall reimburse the
Contractor, subject to additions and/or deductions as provided by or pursuant to modification,an amount not to exceed One
hundred forty-eight thousand eight hundred (148.800). and in no event shall obligation be made after the end date of this
contract.
X. Method of Payment
The method of payment under this contract will be cost reimbursement with all contract costs charged to the budget
categories specified in the total contract amount of the budget. No costs will be chargeable to a budget category except to the
extent that such benefits are received by such category.
XI. Reimbursement Procedures
If costs incurred are allowable and warranted,the State will reimburse the Contractor on a need basis. To receive
payment,the Contractor shall submit certified invoices in such form and detail as required by the State.
XII. Advance Payments
Monies obligated under this contract may be made available on an advance payment basis.Utilizing this procedure,
cash may be advanced to the Contractor to cover estimated disbursement needs for the initial period. Thereafter,the Contractor
shall be reimbursed for its actual cash disbursements. Such advances shall be subject to the following provisions:
a. Requests for advance can be made on a need basis. However,no more than one month's advance amount
can be outstanding at the end of any 2 month period. Any advance payments or portion thereof outstanding at the end of the
contract period will become immediately due and payable to the State; and
b. The request for advance shall be accompanied by a detailed statement of costs disbursed to date and a
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detailed estimate of costs to be disbursed during the period covered by the advance.
Advance payments may be limited or eliminated at any time by the State should the Contractor's lack of
performance under this contract present a programmatic or financial risk to the State.
XIII. Taxes
All participants receiving wages or wage equivalent payments(living allowances),must have appropriate Federal,
State, and local income tax withheld on those earnings. Federal Insurance Contributions (FICA) payments must also be
withheld.
XIV. Personnel
The Contractor shall perform its duties hereunder as a contractor and not as an employee. Neither the Contractor
nor any agent or employee of the contractor shall be or shall be deemed to be an agent or employee of the State. The Contractor
shall pay when due all required employment taxes and income tax withholding, shall provide and keep in force worker's
compensation(and show proof of such insurance)and unemployment compensation insurance in the amounts required by law,
and shall be solely responsible for the acts of the Contractor,its employees and agents.
The Contractor is responsible for providing Workmen's Compensation Coverage and Unemployment Compensation
Coverage for all its employees to the extent required by law,and for providing such coverage for themselves. In no case is the
State responsible for providing Workmen's Compensation Coverage for any employees or subcontractors of the Contractor
pursuant to this agreement,and the Contractor agrees to indemnify the State for any costs for which the State may be found liable
in this regard.
XV. Equal Employment Opportunities/Affirmative Action
The Contractor shall insure Equal Employment Opportunities(EEO)to all individuals as required by law.EEO shall
mean that no individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under,or
denied employment in administration of,or in any program funded under this section because of race,color,national origin,age,
condition of a disability,marital status or creed.
Contractors shall be governed by the prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975,on the basis of handicap under Section 504 of the Rehabilitation Act,on the basis of sex under Title
IX of the Education Amendments of 1972,or on the basis of race,color,or national origin under Title VI of the Civil Rights Act
of 1964. Programs and activities funded under this Act are considered to be programs receiving Federal financial assistance and
are subject to all provisions of EEO.
XVI. American Disabilities Act Provision
The Contractor assures the State that at all times during the performance of this contract that no qualified individual
with a disability shall, by reason of such a disability, be excluded from participation in or denied benefits to the services,
programs, or activities performed by the Contractor, or be subjected to any discrimination by the Contractor upon which
assurance the State relies.
XVII. General Contract Provisions
a. Federal Funding. Payment pursuant to this contract, if in Federal funds,whether in whole or in part,is subject to
and contingent upon the continuing availability of the federal funds for the purposes hereof. In the event that said funds,or any
part thereof,becomes unavailable as determined by the State, the State may immediately terminate this contract.
b. Compensation. Unless otherwise provided,the State shall establish billing procedures and reimburse the Contractor
for actual,reasonable and necessary expenses incurred in providing services pursuant to this contract,based on the submission of
quarterly itemized expenditure statements. Payments pursuant to this contract shall be made as earned,in whole or in part,from
available Federal funds encumbered for the purchase of the described services. The liability of the State,at any time,for such
payments shall be limited to the amount of such encumbered funds remaining.
In the event this contract is terminated,final payment to the Contractor may be withheld at the discretion of the State
until the State tenders final acceptance of the Contractor's performance or completion of a final audit by the State.
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Incorrect payments to the Contractor due to omission, error, fraud, or defalcation shall be recovered from the
Contractor either by the Contractor reimbursing the State or by deduction from subsequent payments under this contract or other
contracts between the State and the Contractor,or by the State as a debt due to the State.
c. Confidentiality of Records. In the event the Contractor shall obtain access to any records or files of the State in
connection with,or during the performance of,this contract,the Contractor shall keep such records and information confidential
and shall comply with all laws and regulations concerning the confidentiality of such records to the same extent as such laws and
regulations apply to the State.
The Contractor agrees to notify and advise in writing, all employees, agents, consultants, licensees, or sub-
contractors of the said requirements of confidentiality and of possible penalties and fines imposed for violation thereof, and
secure from each an acknowledgment of such advisement and agreement to be bound by the terms of this agreement as an
employee,agent,consultant,licensee or sub-contractor of the Contractor,as the case may be. Any breach of confidentiality by
the Contractor or third party agents of the Contractor shall constitute good cause for the State to cancel this contract,without
liability;any and all information delivered to the Contractor shall be returned to the State. Any State waiver of an alleged breach
of confidentiality by the Contractor or third party agent of the Contractor is not to imply a waiver of any subsequent breach.
d. Ownership of Materials and Information. The Contractor agrees that all materials, information, data, computer
software,documentation, studies and evaluations produced in performance of this contract is the sole property of the State.
e. Reporting. Unless otherwise specified,the Contractor will submit quarterly fiscal and narrative reports in the format
designated by the Corporation for National and Community Service. As this form may undergo revisions,the Contractor will be
notified 45 days prior to the date reports are to be submitted and will be provided with the reporting format and any additional
documentation necessary. The preparation of reports in a timely manner shall be the responsibility of the Contractor and failure
to comply may result in delay of payment of funds or termination of the contract. Required reports shall be submitted to the
Governor's Commission on Community Service no later than the end of each calendar quarter and upon the expiration and
termination of the contract,or at such time as otherwise specified.
f. Records. In accordance with C.F.R.76.734,which implements 20 U.S.C. 1232f(a),grantees and subgrantees must
retain records for five years after completion of the activity for which they use grant or subgrant funds. The Contractor shall
maintain a complete file of all records, documents, communications and other materials which pertain to the operation of
programs or the delivery of services under this contract. Such materials shall be sufficient to properly reflect all direct and
indirect costs of labor, materials, equipment, supplies, and services, and other costs of whatever nature for which a contract
payment was made. These records shall be maintained according to generally accepted accounting principles and shall be easily
separable from other Contractor records.
All such records,documents,communications,and other materials shall be the property of the State and shall be
maintained by the Contractor,in a central location and custodia,on behalf of the State,for a period of five(5)years from the
date of final payment under this contract, or for such further periods as may be necessary to resolve any matters pending
(including audits performed by the federal government).
g. Performance Monitoring. The Contractor shall permit the State, the Corporation for National and Community
Service, or any other duly authorized agent or governmental agency, to monitor all activities conducted by the Contractor
pursuant to the terms of this contract. Such monitoring may consist of internal evaluation procedures,examination of program
data, special analysis,on-site checking,formal audit examinations, or any other reasonable procedures. All such monitoring
shall be performed in a manner that shall not unduly interfere with contract work. The Contractor authorizes the State to perform
audits or inspections of its records at any reasonable time during the term of this contract and for a period of three(3) years
following the termination of this contract.
h. Non-performance Remedies. In addition to other specified remedial actions,the State may exercise the following
remedial actions should it find that the Contractor substantially failed to satisfy or perform the duties and obligations in this
contract. Substantial failure to satisfy the duties and obligations shall be defined to mean insufficient, incorrect, improper
activities or inaction by the Contractor. These remedial actions are as follows: 1)Withhold payment to the Contractor until the
necessary services or corrections in performance are satisfactorily completed;2)Request the removal from work on the contract
of employees of the Contractor whom the State justifies as being incompetent,careless,insubordinate,unsuitable,or otherwise
unacceptable,or whose continued employment on the contract it deems to be contrary to the public interest or not in the best
interest of the State; 3) Deny payment for those services or obligations which have not been performed and which due to
circumstances caused by the Contractor cannot be performed or if performed would be of no value to the State. Denial of the
amount of payment must be reasonably related to the amount of work or performance lost to the State; or, 4) Terminate the
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contract without compensation for termination costs.
i. Non-assignability. Unless otherwise provided, the duties and obligations of the Contractor cannot be assigned,
delegated,nor sub-contracted except with the express written consent of the State. Sub-contracts permitted by the State shall be
subject to the requirements of this contract and the Contractor is responsible for the performance of any sub-contract. In
addition,except as otherwise provided,this contract shall inure to the benefit of,and be binding upon,the parties hereto and their
respective successors and assigns.
Copies of any and all contracts entered into by the Contractor in order to accomplish this project shall be submitted
to the Governor's Commission on Community Service, Colorado AmeriCorps Program, upon execution, and any and all
contracts entered into by the contractor or any of its sub-contractors shall comply with all applicable federal and state laws and
shall be governed by the laws of the State of Colorado,notwithstanding provisions therein to the contrary.
j. Litigation. Unless otherwise provided the Contractor shall notify the State,within five(5)days after being served
with a summons,complaint,or other pleading in a case which involves services provided under this contract and which has been
filed in any Federal or State court or administrative agency, and shall deliver copies of such document to the State.
k. Continued Performance/Disputes. Any disputes arising under this contract shall be resolved in accordance with
AmeriCorps Program regulations and procedures established by the State and the Corporation for National and Community
Service. Performance under this agreement shall continue pending resolution of any such dispute.
1. Modification and Amendment.
i. Modification by Operation of Law. The Contract is subject to such modifications as may be required by
changes in federal or state law or regulations. Any such modifications shall be incorporated into and be part of
this Contract as if fully set forth herein.
ii. Programmatic or Budgetary Changes. This Contract has a simplified Change Letter Procedure for modifying
this Contract for the following reasons:
1) when there are additional federal statutory or regulatory compliance changes;
2) when additional or less AmeriCorps Program funds are needed;
3) when the Statement of Work\Budget,objectives or completion date of the Project changes as determined by
the Department;
4) unless otherwise specified in the Statement of Work\Budget,when cumulative budgetary line item changes
exceed ten percent(10%)of total contract amount;
5) when any budget transfers between administration budgetary categories are proposed; under such
circumstances,the State's approval is not binding until memorialized in a fully executed Change Letter as
specified in subparagraph iii below.
iii. Change Letter Process. Contractor must submit a written request to the State Responsible Administrator if
programmatic or budgetary modifications are desired. Changes as outlined above may be modified by Change
Letter Amendments,signed by the State and the Contractor. All modifications to this Contract,Paragraph VI-
Responsible Contract Administrator, Paragraph VIII - Period of Performance, Paragraph IX - Contract
Amount,Exhibit A-Statement of Work\Budget,are hereby incorporated herein by reference. A copy of all
such Change Letters initiated per this subparagraph shall be provided to the accounting office of the State. All
other modifications to this Contract must be accomplished through amendment to the contract pursuant to
fiscal rules.
iv) Other Modifications. If either the State or the Contractor desires to modify the terms of this Contract other
than as set forth in subparagraphs ii)and iii)above,written notice of the proposed modification shall be given
to the other party. No such modification shall take effect unless agreed to in writing by both parties in an
amendment to this Contract properly executed and approved in accordance with applicable law. Any
amendment required per this subparagraph will require the approval of other appropriate state agencies,e.g.
Attorney General,State Controller,etc.
m. Termination. Any provision of this contract to the contrary notwithstanding,in the event termination of this contract
becomes necessary,in the State's sole discretion,to comply with any court order concerning State personal services contracts
generally,or this contract specifically,this contract may be terminated by the State immediately upon the giving of notice to the
Contractor without further obligation of the State.
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Otherwise, the State shall have the right to terminate this contract for nonperformance by giving the other party
seven(7)days notice by certified or registered mail,return receipt requested. If notice is so given,this contract shall terminate
on the expiration of the seven(7)days, and the liability of the parties hereunder from further performance of the terms of this
contract shall thereupon cease,but the parties shall not be released from the duty to perform their obligations up to the date of
termination. Termination of this contract for nonperformance shall not be construed to limit in any way the State's other
available remedies at law for any Contractor's breach.
n. Termination For Convenience. The State may terminate this contract at any time the State determines that the
purposes of the distribution of monies under the contract would no longer be served by completion of the Project. The State
shall effect such termination by giving thirty(30)days written notice of termination to the Contractor and specifying the effective
date of such termination. In that event,all finished or unfinished documents and other materials as described in paragraph"d",
Ownership of Materials and Information shall,at the option of the State,become its property.
o. Severability. To the extent that this contract may be executed and performance of the obligations of the parties may
be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision
hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any
other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term,
or the same term upon subsequent breach.
p. Lobbying Activities The Contractor assures that it shall comply with Public Law 101-121,Section 319,29 CFR
Part 93,restrictions on lobbying.
q. Drug-Free Workplace The Contractor shall ensure compliance with the Drug-Free Workplace Requirements for
Federal Grant Recipients under Sections 5153-5158 of the Anti-Drug Abuse Act of 1988 (41 U.S.C. §702-707).
r. Political Activity No funds paid to the Contractor hereunder shall be used for any partisan or non-partisan political
activity or to further the election or defeat of any candidate for public office;nor shall they be used to provide services,or for the
employment or assignment of personnel in a manner supporting or resulting in the identification of programs conducted pursuant
to this contract with(1)any partisan or non-partisan political activity or any other political activity associated with a candidate,
or contending faction or group,in an election for public or party office;(2)any activity to provide voters or prospective voters
with transportation to the polls or similar assistance in connection with any such election;(3)any voter registration activity. The
Contractor shall otherwise comply with the requirement of 5 U.S.C. § 1501-1508, which are incorporated herein by this
reference as if fully rewritten.
s. Financial and Uniform Administrative Requirements. By accepting this Contract,the Contractor agrees to comply
with the AmeriCorps Grant and applicable Federal statutes,regulations and guidelines. The Contractor agrees to operate the
funded Program in accordance with the approved Grant application and budget,supporting documents,and other representations
made in support of the approved Grant application. The applicable Federal cost principles, statutory and administrative
provisions can be found in the AmeriCorps Provisions,Sections A,B and C,provided to the Contractor by the State.
t. Audit Requirements Audit requirements for nonprofit organizations or institutions of higher education are covered
in OMB Circular A-133, and OMB Circular A-128 covers requirements for government agencies. The circulars contain the
audit requirements for Federal grantees.The purpose of the circulars is to set uniform audit standards and to minimize the need
for multiple audits when you have more than one Federal grant. The cost of the audit is an "administrative cost".
u. Noncompliance with OMB Standards Contractors who do not comply with contract terms or OMB requirements,
may have costs charged to the contract questioned or disallowed following an audit. (If the financial management system is
seriously inadequate,the State can stop making advance grant payments,suspend funding,terminate the contract,recover funds,
or take other legal steps.) Most common audit findings resulting in questioned or disallowed costs include:
• inadequate accounting practices;
• poor internal controls;
• inadequate documentation and record keeping;
• inaccurate financial status reports;and
• failure to return interest on Federal grant funds.
v. Required Financial Documentation All costs charged to the contract must be documented. For example, the
contractor must maintain signed time and attendance records for each and every individual employee and payroll documents
approved by an official of the organization. Individual time distribution records must be maintained for allocating an employee's
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salary between this contract and other funding sources. Source documentation must be maintained for other costs such as
receipts, travel vouchers, invoices, bills,or affidavits. Volunteer costs must be documented. All in-kind and other matching
contributions, including grant award documents and receipts from other funding sources must be documented.
XVIII. Discretionary Audit
The State, through the Executive Director of the Department, the State Auditor, or any of their duly authorized
representatives,including an independent Certified Public Accountant of the State's choosing,or the federal government or any
of its properly delegated or authorized representatives shall have the right to inspect,examine,and audit the Contractor's(and
any subcontractor's)records,books,accounts and other relevant documents. Such discretionary audit may be requested at any
time and for any reason from the effective date of this contract until five(5)years after the date final payment for this Project is
received by the Contractor,provided that the audit is performed during normal business hours.
XIX. Actions to Achieve Plan
The State shall have the option to recapture and/or reallocate unexpended funds necessary to achieve planned levels
of activity within its total jurisdiction.
XX. Entire Understanding.
This contract is intended as the complete integration of all understandings between the parties. No prior or
contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied
herein in writing. No subsequent novation,renewal,addition,deletion,or other amendment hereto shall have any force or effect
unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules.
SPECIAL PROVISIONS
1.CONTROLLER'S APPROVAL.CRS 24-30-202(1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such
assistant as he may designate.
2.FUND AVAILABILITY.CRS 24-30-202(5.5)
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being
appropriated,budgeted,and otherwise made available.
3.INDEMNIFICATION.
The Contractor shall indemnify,save,and hold harmless the State,its employees and agents,against any and all claims,
damages,liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the
Contractor,or its employees,agents,subcontractors,or assignees pursuant to the terms of this contract.
4.INDEPENDENT CONTRACTOR.4 CCR 801.2
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE.
NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN
AGENT OR EMPLOYEE OF THE STATE.CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL
HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT.CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS
EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNI FSS 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.VENDOR OFFSET.CRS 24-30-202(1)&CRS 24-30-202.4
Pursuant to CRS 24-30-202.4(as amended),the State Controller may withhold debts owed to State agencies under the
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vendor offset intercept system for: (a)unpaid child support debt or child support arrearages;(b)unpaid balance of tax,
accrued interest,or other charges specified in Article 21,Tide 39,CRS;(c)unpaid loans due to the Student Loan Division of the
Department of Higher Education;(d)owed amounts required to be paid to the Unemployment Compensation Fund;and(e)other unpaid
debts owing to the State or any agency thereof,the amount of which is found to be owing as a result of final agency determination or
reduced to judgment as certified by the controller.
8.SOFTWARE PIRACY PROHIBITION.Governor's Executive Order D 002 00
No State or other public funds payable under this contract shall be used for the acquisition,operation or maintenance of
computer software in violation of United States copyright laws or applicable licensing restrictions.The Contractor hereby certifies that,
for the term of this Contract and any extensions,the Contractor has in place appropriate systems and controls to prevent such improper
use of public funds.If the State determines that the Contractor is in violation of this paragraph,the State may exercise any remedy
available at law or equity or under this contract,including,without limitation,immediate termination of the contract and any remedy
consistent with United States copyright laws or applicable licensing restrictions.
9.EMPLOYEE FINANCIAL INTEREST.CRS 24-18-201&CRS 24-50.507
The signatories aver that to their knowledge,no employee of the State of Colorado has any personal or beneficial interest whatsoever in
the service or property described herein.
Appendix A
Effective Date:July 1,2003
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
GOVERNOR BILL OWENS
By_�. . &d1#4 4 ■
Weld County, Colorado CHIEF OF TE,OFFICE OF THE J .vERNOR
Legal Name of Contacting Entity
# 84-6000-813 By
Federal LID.Number or Social security Nu/�`b� GOVERNO''S COMMISSIO N C
^
\` QA.k. A{, f 1 SERVICE, .' CE OF THE LT. tIr ••i OR
Signature of Authorized Officer JI 08/18/2004 LEGA REVIEW:
A ENE
. Masden, Chair
f •uthorized 0 cer C Community College System
ffrIsb,
t P ♦ "r'IT�^fil3ThT.irGra'rr .'y,'Y�L. s ;
D y F to the Board
to . 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: AI''ON'I' Al.
ER
LESLIE M. SHENEFELT STATE: I'ONTR(HEIX
LESLIE titlF:\F:FEI:1'
By
Community Colleges ofColoradGEORGE; DM.: ..•F.17
Date V- 3d - d1
de,OV-asps
AmeriCorps Contract Page 8 of 8
EXHIBIT A
STATEMENT OF WORK/BUDGET
I. Statement of Work
The mission of the Weld County Youth Conservation corps is to perform valuable community service
projects that meet the environmental and human needs for the urban and rural communities of Weld County
that would otherwise not be provided,and to utilize service as a method for strengthening the bonds that
bind communities together.
II. Performance Measures
Below are key performance measures. See grant application for greater detail.
Twelve full time AmeriCorps members will provide over 19,000 hours of meaningful service to the local
communities,agencies,and community and faith based organizations of Weld County through
environmental, human needs,and educational service projects.
Twelve full time AmeriCorps members will participate in corps member development activities designed to
improve the corps members' individual,citizenship and community interaction skills.
Weld County Youth Conservation Corps members will recruit 15 volunteers to participate in Service
activities designed to meet community needs.
100% of the WCYCC project sponsors will rate their services received as meeting or exceeding
expectations.
Twelve full time AmeriCorps members will participate in corps member development activities that will
improve their job and leadership skills and increase their understanding of their rights and responsibilities
as citizens.
Twelve full time AmeriCorps members will participate in corps member development activities to decrease
their involvement in gangs,have fewer incidences of crime,and less recidivism because of the positive
alternatives they have experienced in their lives.
Ruri by ZMARTINI RPT_BGT_424
on July 28,2004 12:59 FM
Weld County Youth Conservation Corps (WCYCC)
Board of Weld County Commissioners, Weld County Division of Human
Application ID:04AC046097 Services Budget Dates:
Total Amt CNCS Share Grantee Share
Section I.Program Operating Costs
A.Personnel Expenses 44,510 18,755 25,755
B.Personnel Fringe Benefits 13,353 5,626 7,727
C.Travel
Staff Travel 0 0 0
Member Travel _ 15,730 0 15,730
Total $15,730 $0 $15,730
D.Equipment
E.Supplies 3,600 1,053 2,547
•
F.Contractual and Consultant Services 0 0 0
G.Training
Staff Training 0 0 0
Member Training 9,420 0 9,420
Total $9,420 $0 $9,420
H. Evaluation 0 0 0
I. Other Program Operating Costs
Travel to CNCS-Sponsored Meetings 2,000 1,200 800
Total $2,000 $1,200 $800
Section I.Subtotal _ _ $88,613 $26,634 $61,979
Section II.Member Costs
A. Living Allowance
Full Time(1700 hrs) 122,364 104,009 18,355
Half Time(900 hrs) 0 0 0
Reduced Half Time(675 hrs) 0 0 0
Quarter Time(450 hrs) 0 0 0
Minimum Time(300 hrs) 0 0 0
2nd Year of 2-Year Half Time 0 0 0
Total $122,364 $104,009 $18,355
B.Member Support Costs
FICA for Members 9,361 7,957 1,404
Worker's Compensation 0 0 0
Health Care 16,805 10,200 6,805
Total $26,166 $18,157 $8,209
Section II.Subtotal $148,530 $122,166 _ $26,564
Section II.Percentages 82.3% 17.9%
Section III.AdministrativeMdirect Costs
A.Corporation Fixed Percentage
Corporation Fixed Amount 7,440 0 7,440
Commission Fixed Amount 0 0 0
Total $7,440 $0 $7,440
B.Federally Approved Indirect Cost Rate 0 0 0
Section III.Subtotal $7,440 $0 $7,440
Section I+Ill.Funding Percentages 27.7% 72,3
Budget Totals $244,583 $148,800 $95,983
Total FTEs 12.00
Cost/FTE $12,400
Form 424A Modified SF-424A (4/88 and 12/97)
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