HomeMy WebLinkAbout20030630.tiff RESOLUTION
RE: APPROVE WORK INCENTIVE GRANT CONTRACT FOR SERVICES THROUGH THE
WORKFORCE CENTER FOR PERSONS WITH DISABILITIES 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 Work Incentive Grant Contract for
Services through the Workforce Center for Persons with Disabilities 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, Office of Workforce Development, commencing
April 1, 2003, and ending June 30, 2004, 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 Work Incentive Grant Contract for Services through the
Workforce Center for Persons with Disabilities 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, 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 10th day of March, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEL UNTY COLORADO
ATTEST:
Da id t o[nng C ai
Weld County Clerk to D
'U;� v�� E CU T SIGNIN AYE
rL �� Robert D. den, Pro-Tem
Deputy Clerk to the Board/H I t
M. J. eile
APPRO D AS TO FORM: t ) ki,A_J
William H. Jerked �Q untyAto�y A.." 6,r1 (/
Glenn Vaad -----
Date of signature: 31�
2003-0630
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Contract Routing# 0 D g
vendor# RobCCOSI3 *
CFDA#17.266
WORK INCENTIVE GRANT 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 1551 North 17th Ave. Greeley, CO80634,
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 414, Org. Unit 3J00, GBL J2W Ll , Contract Encumbrance Number
J3WIG030w(t; and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the United States Department of Labor, Employment and Training Administration (ETA)
through Workforce Investment Act of 1998, under its Work Incentive Grant Program (WIG), made available
special funding for States to enhance the ability of"One Stop Career Centers" to provide services for people
with disabilities. The Council applied for and received a WIG Grant. The purpose of the grant is to provide
Consumer Navigators, Benefits Counselors, Assistive technology and training in nine workforce regions. The
Council is to provide Benefits counselors to assist the existing Supplemental Security Income/Social Security
Administration/Benefits Planning Outreach Assistance Grant (SSI/SSA/BPOA) Counseling activities in
Workforce centers in Colorado (WFCS). The Council received an allocation of funds to support the addition of
two counselors into this program. The objective is to more fully integrate the benefits counseling and planning
services of the SSI/SSA program into the WFCS in the 9 federal workforce regions
WHEREAS, the Council has received a time limited fund to provide fully accessible workstations and
other accommodations for people with disability (PWD) in selected workforce centers.
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).
WHEREAS, the Council desires to implement the enhancements to the workforce system in Colorado
and the locally elected officials and the Workforce Investment Boards (WIBs) of the federal workforce regions
desire to improve their ability to provide fully accessible service to PWD in their labor market area.
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 L. 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
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jO3-O/o3O
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 Oblectives. All project activities shall be eligible under the Work incentive Grant
Program of the Workforce Investment Act, as amended, and all related regulations and requirements.
Furthermore, project activities shall meet the following indicated (with a "X") broad national objective(s),
as set forth in the Work Incentive Grant Program of the Act, as amended, and all related regulations and
requirements:
x Benefit persons with disabilities;
x Enhances access to benefits planning and counseling in workforce regions;
x Provides services directly within workforce centers in each federal workforce region.
x Meets SSA and ETA standards for factual information and planning services
5) Prior Expenses. Expenses incurred by the Contractor in association with said Project prior to the
effective date of this contract are not eligible 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 Thirty Nine Thousand, Seven Hundred Thirty Five
Dollars ($39,735.00). 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. Additionally, the State
may in its sole discretion utilize a grant from the Department of Human Services, Division of Vocational
Rehabilitation to provide assistive technology equipment in the contractors designated location and other
accommodations to assist in the provision of employment and training services for PWD as set forth in
Exhibit A.
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 WIG 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 State WIG
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.
Page 2 of 10
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. If the State chooses to provide assistive technology equipment to
Contractor, it will purchase and deliver the assistive technology hardware, software, and accessories to
the Contractor's designated location.At such time, the Contractor shall acknowledge receipt of the
assistive technology equipment using the form attached hereto as Exhibit D. The Contractor shall be
responsible for the installation, setup, positioning, housing, usage, upkeep and maintenance of such
equipment in accordance with its own policies and the terms of this agreement. If the assistive
technology equipment is received by the Contractor in a condition not suitable for the intended use, the
Contractor shall, upon receipt of it, notify the State, detailing the facts, and as directed by the State and
at State expense, either repair, modify, return, or otherwise dispose of the property. Unless otherwise
provided in this contract, the Contractor assumes the risk of, and shall be responsible for, any loss or
destruction of, or damage to, the assistive technology equipment upon its delivery to the Contractor.
Upon the conclusion of all warranty periods relating to the assistive technology hardware, software, and
accessories, or such other time as the State deems appropriate, the State may transfer title to said
equipment to the Contractor, All title transfers shall be documented using Exhibit D, which shall be
signed by both parties to this contract.
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
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 WIG 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.
Page 3 of 10
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
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 3 of Exhibit A, Scope of Services "Time of Performance";
Hi) Paragraph 4 of Exhibit A, Scope of Services"Remit Address",
iv) Paragraph 5 of Exhibit A, Scope of Services "Payment Schedule".
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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
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.
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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 ex-rcised any functions or responsibilities with respect to WIG 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 WIG 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 WIG 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 WIG-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);
Hi) 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) H) 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 WIG 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.
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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 certified 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.
H) 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.
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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.
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
23) Software Piracy Prohibition. 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.
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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.
Indemnity: 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. 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.
Revised: 12/1/01
•
Page 9 of 10
SPECIAL PROVISIONS
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BILL OWENS,GOVER
Board of Weld County Commissioners By
Legal Name of Contracting Entity Bob Brooks, Executive Director / L
84-60-00813 Department of Local Affairs
Social Security Number or FEIN
PRE-APPROVED FORM CONTRACT REVIEWER:
Signature of Authorized Officer ` 1
David E.Long ( 3/10/2003) By/a - Ga„}s Mir
Print Name&Title of Authorized Officer
CORPORATIONS:
(A corporate seal or attestation is required.)
1861LyY
a'nr
Attest(Seal)By
laaKINtlaNYME6KIWI
Deputy Clerk to t� ` '�aw�,�
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:
Arthur L.Barnhart
By at
Ro Marie Aute , Controller
Department of_ Lo al Affairs
'�Date '�/r 1;3
Page 10 of 10
..n.:30 -O(42
EXHIBIT A
SCOPE OF SERVICES
CONSUMER NAVIGATOR
FOR PROJECT TRAIN
1. PROJECT DESCRIPTION, OBJECTIVES, & REQUIREMENTS
Contractor will support, manage, recruit and employ a consumer navigator for the purpose of
providing employment counseling, conducting assessments, developing individualized employment
plans, working with employers, case management, post employment services on issues, help
understanding basic benefits systems, referral to Benefits planners for technical planning and
assistance with SSI/SSA rules and regulations.
Contractor will manage and oversee the effective delivery of these services either through their direct
employee or a contracted employee of an acceptable entity and will provide a work station consistent
with the center's policy for cash management staff. Contractor will accept, maintain and secure office
equipment provided as part of this agreement.
Contractor agrees to provide workforce center staff a minimum of three days paid time for training
needed to acquire initial skills and to maintain the level of skills needed to perform the task as agreed.
Contractor shall keep appropriate records as required by Department of Local Affairs (DOLA) and
report according to the schedule negotiated between Contractor and DOLA/Office of Workforce
Development (OWD).
Contractor will ensure that Consumer Navigator performs the basic job functions included in the
navigator job description provided by Project TRAIN, such as training other staff and acting as a
resource for case managers in the center.
Contractor will act as host for regional training seminars to further the goals of Project TRAIN to reach
businesses, people with disabilities and organizations serving people with disabilities.
Contractor will co sponsor and promote attendance of seminars and forums held in its workforce
region and will actively recruit business, PWD, organizations that serve PWD and other steps
designed to strengthen efforts to ensure successful attendance.
Contractor will invite workforce board members and staff to attend seminars.
Contractor will accept, use, and maintain Assistive technology in its workforce location or locations as
negotiated with OWD and assume all risks and liabilities associated with the operation and condition
of the equipment while in its possession. The Contractor hereby agrees to defend, indemnify, save,
and hold harmless the State against any and all claims, damages, and liability arising from or related
to the use and/or condition of the equipment while in its possession.
Contractor will provide paid time for 20% of the staff in its workforce center to be trained in effective
use, maintenance, and care of the Assistive equipment.
Contractor will conduct a self-assessment of the centers ability to provide service to people with
disabilities (PWD), and report results to Project TRAIN and the OWD.
Contractor agrees to cooperate with Project TRAIN, its technical assistance experts and staff in
establishing a seamless, comprehensive employment service plan and implementation in the
workforce center or centers identified in its agreement with OWD.
In addition to the above, the Contractor will:
Page 1 of 3
Prudently administer funds assigned to its care through this contract.
Provide employees at least two half-day training sessions on topics covering services PWD.
Accept and maintain universally accessible workstations and sign Exhibit D to the contract
acknowledging receipt and/or ownership of the workstation.
Work with Project TRAIN staff to provide training to parents and educators about youth (who are
considered PWD) transitions from school to work and are PWD.
Submit best practices to Project TRAIN and the best practices E learning website.
Comply with financial reporting requirements of the WIG to permit OWD to accurately report to
USDOL.
Provide sufficient space for Benefits Planners in its workforce centers.
Provide support services for Benefits Planners to access equipment and office space or cubicle
space.
Provide referrals to benefits for PWD that have technical questions regarding disability laws, rules,
regulations of the SSI/SSA.
Review and assess center capabilities regularly or as requested by OWD.
Participate in Project TRAIN surveys and data collection and support seamless service to PWD.
Provide interpretive services and accommodations for PWD.
Provide expertise to other workforce systems if asked by Project TRAIN.
Develop local resources to ensure easy access to all to their resource centers.
Collaborate with Division of Vocational Rehabilitation, Department of Labor& Employment and other
consortium partners to coordinate provision of service from different funding streams for PWD.
Complete MOUs and Addenda as needed to maintain the objectives of the WIG
Link and reach out to Community based organizations that provide services to PWD.
Add equipment provided by Project TRAIN to the asset inventory of the region and sign Exhibit D to
the contract to acknowledge receipt and/or ownership of the equipment.
Complete reports on a timely basis as negotiated in the agreement.
2. TIME OF PERFORMANCE
The Project shall commence on April 1, 2003 or upon the full and proper execution of this Contract,
whichever occurs later. It shall be completed on or before June 30, 2004. 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.
4. BUDGET
Page 2 of 3
(Insert additional columns for
Project Activities Total Costs WIG Funds other fund sources if needed)
Consumer Navigator $39,735.00 $39,735.00 I
i t
� I
TOTAL $39,735.00 $39,735.00
5. REMIT ADDRESS: (Address to where payments are to be sent)
PO Box 1805
Greeley, CO 80632
6. 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.
7. 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.
8. 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.
Page 3 of 3
EXHIBIT B1
Contract Routing#
Encumbrance#
Vendor#
(for Remit Address)
APPR GBL
CFDA# 17.266
Unilateral
Amendment#_of(Type of Contract—Grant)
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 Bob Brooks, 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:
Arthur L. Barnhart
By
Rose Marie Auten, Controller
Department of Local Affairs
Date:
EXHIBIT B2
Contract Routing#
Encumbrance#
Vendor#
(for Remit Address)
APPR GBL
-CFDA# 17.266
Bilateral
Amendment# of(Type of Contract—Grant)
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,
Subsection1" 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.
• THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BILL OWENS,GOVERNOR
Board of Weld County Commissioners By
Legal Name of Contracting Entity Bob Brooks, Executive Director
Department of Local Affairs
84-60-00813
Social Security Number or FEIN
Signature of Authorized Officer PRE-APPROVED FORM CONTRACT REVIEWER:
David E . Lonci
Print Name&Title of Authorized Officer
CORPORATIONS:
(A corporate seal or attestation is required.)
Attest (Seal) By
(Corporate Secretary or Equivalent,or Town/City/County Clerk)
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:
Arthur L. Barnhart
By
Rose Marie Auten, Controller
Department of Local Affairs
Date
• EXHIBIT C
REQUEST FOR PAYMENT
Work Incentive 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 323 _ 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
EXHIBIT D .
DEPARTMENT OF LOCAL AFFAIRS/OFFICE OF WORKFORCE DEVELOPMENT (DOLA/OWD)
WORK INCENTIVE GRANT, PROJECT TRAIN
ASSET INSTALLATION OR TRANSFER FORM
CONTRACTOR:_ -_ CONTRACT ENCUMBRANCE NUMBER:
FOR ASSET INSTALLATION USE ONLY (use this box when installing FOR ASSET TITLE TRANSFER USE ONLY (use this box when transferring
equipment at Contractor's site) equipment title to Contractor)
Date of Installation: Date of Title Transfer from DOLA/OWD to Contractor:
Location of Installation: Tithe to the below-described equipment is hereby transferred to the Contractor.
No warranties express or implies or other representations are or have been
The below-described equipment has been received and is in good made by DOLA/OWD with respect to this equipment. The equipment is being
condition and suitable for the intended use. Contractor hereby accepts all transferred"AS IS."
libilities and risks of ownership while the equipment is in its possession. I
Authorized Signatory for DOLA/OWD:
Accepted by and on behalf of the Contractor.
Authorized Signature: _
Authorized Signature:
ASSET DESCRIPTION MAKE/MODEL QUANTITY VALUE
1
MEMORANDUM
DATE: March 7, 2003
W�`�1 TO: David E. Long, Chair , \\ °C
C� FROM: Walter J. Speckman, Executive Director ��.)
COLORADO SUBJECT: Contract between Department of Local Affairs
and Employment Services of Weld County
Enclosed for Board approval is a contract between the Department of Local Affairs/Office of
Workforce Development ad the Colorado Workforce Development Council and Weld
County/Employment Services of Weld County for the provision of services through the
Workforce Center for people with disabilities. This contract provides funding in the amount of
$39,735.00 and the period of performance is April 1, 2003 through June 30, 2004.
If you have any questions, please telephone me at 353-3800 ext 3317.
2003-0630
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