HomeMy WebLinkAbout20032401.tiff RESOLUTION
RE: APPROVE AMERICORPS CONTRACT FOR WELD YOUTH CONSERVATION
CORPS AND AUTHORIZE CHAIR TO SIGN -GOVERNOR'S COMMISSION ON
COMMUNITY SERVICE
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 an AmeriCorps Contract for Weld Youth
Conservation Corps 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,
commencing September 2, 2003, and ending September 1, 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 AmeriCorps Contract for Weld Youth Conservation Corps
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 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 20th day of August, A.D., 2003.
BOARD OF COUNTY COMMI SIONERS
W COUNTY, COOLO AD
ATTEST: La/LeiLon
vid E. Long, Chair
Weld County Clerk to the Board
R Bert D. den, Pro-Tem
BY:
� �• Clerk to the Board
M. J. Gele
O '� : le /n "
Willis . Jerk
me r r—
♦ .� Glenn Vaa
Date of signature: I'G`12J
2003-2401
(.0, /IX'
HR0074
•
STATE OF COLORADO
GOVERNOR'S COMMISSION ON COMMUNITY SERVICE
oF.Coto
1059 Alton Way, Suite 123 Ati_ Y�
Denver,CO 80230
N J�
Ph: (303)595-1541 * ! ;
*1876
Bi wens
COMMISSIONERSChair: Governor
lay Kenny 2003 AMERICORPS CONTRACT MEMORANDUM:
Louisville
Jacki Allen-Benson Enclosed please find four(4)copies of your Contract between the Governor's Commission on
Eagle
Community Service, Colorado AmeriCorps Program and the Weld County Employment Services of
Kate Cumbo Weld County, Weld County Youth Conservation Corps AmeriCorps Program. On page 8 of 8 of each
Lafayette copy of the Contract,please have the individual with signature authority in your organization sign below
Ilene Dibble the legal name,print name below signature,then print that individual's title. Another individual must
Englewood witness the signature and sign on the "attest by" line. No seal or notary is required.
Kristin Donovan
Colorado Springs As your start date is fast approaching, our goal is to finalize these contracts as soon as possible. Please
Melinda Higgs note the information below regarding reimbursement for expenses incurred prior to the finalization of the
Denver contract. If you anticipate the need to submit a pre-award approval, please do so right away by email to
Valorie Jamison lynette.murphy@cccs.edu.
Aurora
AnneMarie Kemp After all four(4) copies have received both signatures, please mail all four(4)copies of the Contract to:
Lafayette Governor's Commission on National and Community Service
Leslie Tweed King Attn: Lynette Murphy,Program Officer
Denver 1059 Alton Way,Suite 123
Terrence Lucero Denver,CO 80230
Brighton
Elizabeth Marron The four(4) copies of the Contract will be routed for signatures within the State. This typically will take
Saguache a minimum of 1.5 weeks. After all signatures have been received, a signed and executed Contract will
Sally Rippey be mailed to you for your files.
Denver
If you have additional questions, please do not hesitate to contact Lynette Murphy at(303) 595-1604.
Dean Schooler
Boulder
Leslie Woodworth
Denver Approval of Pre-Award Costs - A grantee may be reimbursed for pre-award costs only if they are incurred with
Bruce Cline the written approval of the Commission and the Corporation's Office of Grants Management. To request such
Ex-Officio approval,please send a request to your Commission Program Officer,who will approve/disapprove and,if
EXECUTIVE DIRECTOR approved,forward the request to the Corporation. The request should include Program Name, Identification
number, a brief justification for the costs to be incurred and indicates the desired effective date. You may not
Nancy J.Brown
request approval for pre-award costs incurred any earlier than July 1,2003. If your request is approved,the Office
of Grants Management will issue a letter authorizing the pre-award costs within three business days.
The Corporation is prepared to approve,where appropriate,the following types of pre-award costs: personnel
expense and benefits,travel for staff and prospective members,equipment, supplies,contractual and consultant
service,training for staff and prospective members, evaluation,and other program operating costs. We cannot
approve member living allowances and support costs,including FICA, workers'compensation,health care,and
child care, as pre-award costs. Approval of pre-award costs does not authorize a grantee or sub-grantee to have
AmeriCorps members begin serving. AmeriCorps members may only begin service after a grant award has been
issued and may not count any hours served prior to the award being issued as part of their term of service.
If you are requesting approval prior to receiving a full contract from the State,please note that all pre-award
costs are incurred at your own risk. Neither the Commission or the Corporation are under any obligation to
reimburse you for these costs if you do not receive an award or if the award is less than anticipated and
inadequate to cover such costs.
Wi
SBCCOE Contract number (n
AMERICORPS CONTRACT
THIS CONTRACT,made this 2nd day of September,2003,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 123,Denver,Colorado 80204,and its fiscal agent,the State Board for Community Colleges
and Occupational Education, "State," and The Board of Weld County Commissioners, PO Box 1805,Greeley,CO 80632,
"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.§12501),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 Grants 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 seg.,and 45 C.F.R.Part 2510 et seq.
II. Legal Authority
The Contractor warrants that it possesses the legal authority to enter into this contract. The person or persons
signing this contract on behalf of the Contractor also warrant that they have full authorization to execute this contract.
III. State Responsible Administrator
Questions related to this project or performance under this contract should be directed to the following State
representative:Nancy Brown,Executive Director of the Governor's Commission.on Community Service,Colorado AmeriCorps
Program,1059 Alton Way.Suite 123,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
AmeriCorps Contract Page 1 of 9
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 2nd day of September,2003,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 1st day of September,2004.
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 Ninety
Two Thousand,Eight Hundred Dollars and No Cents(S92,8001,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 aneed 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
AmeriCorps Contract Page 2 of 9
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.
AmeriCorps Contract Page 3 of 9
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 maybe. 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
AmeriCorps Contract Page 4 of 9
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.
I. 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 he 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 QMB 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 and unfair employment practices.
1. CONTROLLER'S APPROVAL. CRS 24-30-202(1) 6. CHOICE OF LAW.
This contract shall not be deemed valid until it has been The laws of the State of Colorado and rules and regulations
approved by the Controller of the State of Colorado or such issued pursuant thereto shall be applied in the interpretation,
assistant as he may designate. execution, and enforcement of this contract. Any provision of
this contract, whether or not incorporated herein by reference,
2. FUND AVAILABILITY. CRS 24-30-202(5.5) which provides for arbitration by any extra-judicial body or
Financial obligations of the State of Colorado payable after the person or which is otherwise in conflict with said laws,rules,and
current fiscal year are contingent upon funds for that purpose regulations shall be considered null and void. Nothing contained
being appropriated,budgeted, and otherwise made available. in any provision incorporated herein by reference which purports
to negate this or any other special provision in whole or in part
3. INDEMNIFICATION. shall be valid or enforceable or available in any action at law
The Contractor shall indemnify, save, and hold harmless the whether by way of complaint, defense, or otherwise. Any
State, its employees and agents, against any and all claims, provision rendered null and void by the operation of this
damages, liability and court awards including costs,expenses, provision will not invalidate the remainder of this contract to the
and attorney fees incurred as a result of any act or omission by extent that the contract is capable of execution.
the Contractor, or its employees, agents, subcontractors, or
assignees pursuant to the terms of this contract. At all times during the performance of this contract, the
Contractor shall strictly adhere to all applicable federal and State
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 laws,rules, and regulations that have been or may hereafter be
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN established.
INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER
TILE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE 7. VENDOR OFFSET. CRS 24-30-202(1)&CRS 24-30-202.4
CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR Pursuant to CRS 24-30-202.4(as amended),the State Controller
EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL may withhold debts owed to State agencies under the vendor
REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND I ncAL HEAD offset intercept system for:(a)unpaid child support debt or child
TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS support arrearages; (b)unpaid balance of tax, accrued interest,
CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE or other charges specified in Article 21, Title 39, CRS; (c)
CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO unpaid loans due to the Student Loan Division of the Department
UNEMPLOYMENT INSURANCE BENEFITS UNI FSS THE CONTRACTOR of Higher Education; (d)owed amounts required to be paid to
OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE the Unemployment Compensation Fund; and (e) other unpaid
DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. debts owing to the State or any agency thereof, the amount of
CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR which is found to be owing as a result of final agency
IMPLIED,TO BIND THE STATE TO ANY AGREEMENTS,LIABILITY,OR determination or reduced to judgment as certified by the
UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. controller.
CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS'
COMPENSATION(AND PROVIDE PROOF OF SUCH INSURANCE WHEN 8. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 &
REQUESTED BY THE STATE)AND UNEMPLOYMENT COMPENSATION CRS 24.50.507
INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE The signatories aver that to their knowledge,no employee of the State
SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS of Colorado has any personal or beneficial interest whatsoever in the
EMPLOYEES AND AGENTS. service or property described herein.
5. NON-DISCRIMINATION.
The contractor agrees to comply with the letter and the spirit of
all applicable state and federal laws respecting discrimination Contractor:
AmeriCorps Contract Page 7 of 9
•
(Full Legal Name)The Board of Weld County Commissioners APPROVALS
STATE OF COLORADO
Name/Positionl(Title) I
�. BILL OWENS,GOVERNOR
David E. Long, Chair :7'0/2003
Office of the Lieutenant Governor
84-6000813
Federal' S w - "Y jI" ♦ By
Attest by; i , CHIEF OF STATE,OFFICE OF THE LT.GO R
Clerk V. the $92t5S1 �! Q.o. q �(�1���(/�J
Corporate Secretary,or . ,, oxvlCi Y Ry
•1.
EXEC DIRECTOR, RNORS COMMISSION ON COMMUNITY SERVICE
1f
State Board for Community Colleges and Occupational Education
f_QUTY ClE` TO THE W.tIM B•rro/Ay} L 9fi���r orcr '�`
By
iSTit_.,TE CON
Form 6-AC-02C
Revised 8/03
615-82.50.6038
•
AmeriCorps Contract Page 8 of 9
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 is a summary of performance measures. A full description of the measures is contained in the grant
application.
AmeriCorps members will provide meaningful service to project sponsors which; improve the
environment,improve or create recreation areas including parks,trails,pools,etc, improve low income
neighborhoods,provide tutoring and conflict resolution assistance to at risk elementary school youth,and
focus on other human needs projects identified by project sponsors.
Seven full time and one quarter time AmeriCorps members will provide meaningful service to the local
communities,agencies, and community and faith based organizations in Weld County. Seven full time and
one quarter time AmeriCorps members will provide over 12,350 hours of meaningful service to the local
communities,agencies,and community and faith based organizations of Weld County through
environmental,human needs, and educational services
100% of the AmeriCorps members will complete activities/training in team building,conflict resolution,
citizenship, environmental education,first aid,HIV awareness,diversity education,and participate in
journaling and reflection activities daily.Members who do not possess a GED or high school diploma upon
entry to the WCYCC will participate in GED preparation activities.
Seven full time and one quarter time AmeriCorps members will participate in corps member development
activities designed to improve the corps members'individual,citizenship,and community interaction skills
which will make them better and more productive citizens.
Seven full time and one quarter time AmeriCorps Members will provide meaningful service to the local
communities, agencies, and community and faith based organizations in Weld County to enhance their
ability to meet the needs of the citizens of the County.
Seven full time and one quarter time AmeriCorps Members will provide meaningful service to the local
communities,agencies,and community and faith based organizations in Weld County and will recruit and
encourage additional non-compensated volunteers to participate in the service activities. AmeriCorps
members will recruit 15 volunteers to participate in Service activities designed to meet
the communities'needs..Completion of service to project sponsors improves the environment,
improves/creates recreation areas,improves low income neighborhoods,and decreases the incidences of
problem behavior in the at risk elementary school youth served through the educational activities.
Seven full time and one quarter time AmeriCorps members will provide meaningful service to the local
communities, agencies,and community and faith based organizations of Weld County through
environmental, human needs, and educational services projects whereby parks,neighborhoods,trails, and
recreation sites will have more/improved facilities and 100%of the project sponsors will rate the services
received as meeting or exceeding expectations.
Seven full time and one quarter time AmeriCorps members will participate in corps member development
activities such as GED,team building, conflict resolution,citizenship and environmental education classes,
first aid,HIV awareness, diversity education,and journaling and reflection activities. 100%of AmeriCorps
members will complete activities/training that will improve their job and leadership skills and increase
their understanding of their rights and responsibilities as citizens.
Seven full time and one quarter 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 and as a result will have less
involvement in gangs,fewer incidences of crime,and less recidivism because of the positive alternatives
they have experienced in their lives.
Run by LMURFHY RFT_BGT_424
' on August 8,2003 2:40 PM
Weld County Youth Conservation Corps (WCYCC)
Board of Weld County Commissioners, Weld County Division of Human
Application ID:03AC034376 Services Budget Dates:
Total Amt CNCS Share Grantee Share
Section I.Program Operating Costs
A.Personnel Expenses 25,766 10,681 15,085
B.Personnel Fringe Benefits 7,214 6,133 1,081
C.Travel
Staff Travel
Member Travel 0 0 0
Total $0 $0 $0
D.Equipment
6.Supplies 1,600 1,360 240
F.Contractual and Consultant Services 0 0 0
G.Training
Staff Training 0 0 0
Member Training 6,280 0 6,280
Total $6,280 $0 $6,280
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 $42,860 $19,374 $23,486
Section II.Member Costs
A.Living Allow ance
Full Time(1700 hrs) 69,300 58,905 10,395
Half Time(900 hrs) 0 0 0
Reduced Half lime(675 hrs) 0 0 0
Quarter lime(450 hrs) 2,621 2,228 393
tvinimum lime(300 hrs) 0 0 0
2nd Year of 2-Year Half lime 0 0 0
Total $71,921 $61,133 $10,788
B.Mentor Support Costs
FICA for Mentors 5,502 4,677 825
Worker's Compensation 0 0 0
Health Care 8,961 7,616 1,345
Total $14,463 $12,293 $2,170
Section II.Subtotal $86,384 $73,426 $12,958
Section II.Percentages 85% 15%
Section III.AdministrativeMdirect Costs
A.Corporation Axed Percentage
Corporation Fixed Amount 8,079 0 8,079
Commission Axed Amount 0 0 0
Total $8,079 $0 $8,079
B.Federally Approved Indirect Cost Rate 0 0 0
Section III.Subtotal $8,079 $0 $8,079
Section I+III.Funding Percentages 38% 62%
Budget Totals $137,323 $92,800 $44,523
•
Form 424A Modified SF-424A(4/88 and 12/97)
Page 1
MEMORANDUM
DATE: August 18, 2003
TO: David E. Long, Weld County Board of Commissioners
gime FROM: Walter J. Speckman, Executive Director
COLORADO SUBJECT: Contract between Employment Services of Weld
County 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 grant proposal submitted by Employment Services to continue
to operate the Weld County Youth Conservation Corps/AmeriCorps Program.
Funding provided for the Program is$92,800.00 and the period of performance is September
2, 2003 through September 1, 2004.
If you have any questions, please telephone me at 353-3800.
2003-2401
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