HomeMy WebLinkAbout20000069 RESOLUTION
RE: APPROVE AGREEMENT FOR YOUTH AFTER-SCHOOL LEARNING PROGRAM AND
AUTHORIZE CHAIR TO SIGN - AIMS JUNIOR COMMUNITY COLLEGE
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 Agreement for a Youth After-School
Learning Program 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 Aims Junior Community College, on behalf of the
School to Career Partnership, commencing October 1, 1999, and ending September 30, 2000,
with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Agreement for a Youth After-School Learning Program
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 Aims Junior Community College, on behalf of the School to
Career Partnership, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of January, A.D., 2000, nunc pro tunc October 1, 1999.
BOARD OF COUNTY COMMISSIONERS
W ' D COUNTY, COLORA O
ATTEST: ilue , t �` ♦/ , , J
<<��✓ �.arbara .%irkmeyer, C air
Weld County Clerk to the .Ay
►` �'. . Gei e, Pro-Tem
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Deputy Clerk to the Bo UnvC EXCUSED DATE OF SIGNING (AYE)
George E. Baxter
APPROVED AS TO FORM:) _
/`, Dale
//^K. Hall
ounty Attorney • nut Pai_AS
Glenn Vaad-s
C 2000-0069
/ HR0071
firChMEMORANDUM
411 . ‘C
TO: Board of Weld County Commissioners, Barbara J.
Kirkmeyer, Chair
ip C FROM: Walt Speckman, Weld County Division of
Human Services Executive Director •,`\
COLORADO DATE: January 7, 2000
SUBJECT: Agreement between Employment Services and
Aims Community College
Enclosed for Board Approval is an Agreement between Employment Services of Weld County
and Aims Community College, on behalf of the School to Career Partnership, to develop a Youth
After-School Learning Program.
The purpose of the Program is to provide youth with basic workforce skills and competencies,
allow them to explore career opportunities and engage in work based experiences.
The Term of this Agreement is from October 1, 1999 through September 30, 2000.
If you have any questions please telephone me at ((970) 353-3800, extension 3317.
2000-0069
AGREEMENT
BETWEEN
AIMS JUNIOR COLLEGE DISTRICT
AND
EMPLOYMENT SERVICES OF WELD COUNTY
This Subcontract is made and entered into as of the 1st day of October, 1999 by and between the Aims
Junior College District("Aims") and the Board of Commissioners of Weld County, CO, on behalf of the Weld
County Division of Human Services, Employment Services of Weld County ("Subcontractor").
WHEREAS,Aims is the recipient of a Prime Grant Award from State of Colorado School-to-Career
(Sponsor) for work under grant number SB-99-2 entitled, "Lighthouse Sustainability Grant;" and
WHEREAS, said Grant contemplates the provision of services by the Subcontractor; and
WHEREAS, Aims and the Subcontractor desire to formalize their understandings to assure the
provision of the services contemplated in the Grant to be performed by the Subcontractor in compliance with
the Grant and all pertinent laws, regulations and policies;
NOW, THEREFORE, the parties agree as follows:
ARTICLE 1. SCOPE OF WORK
Employment Services of Weld County will develop a model for an"Youth After School Learning Program."
This program will be designed to engage youth ages 10-14 in community services activities which concentrate
on providing youth with basic workforce skills and competencies, allow them to explore career opportunities,
and allow them to engage in work based experiences.
ARTICLE 2. PERIOD OF PERFORMANCE
The subcontract shall be effective upon approval by both Aims and the Subcontractor. The subcontract
performance shall commence October 1, 1999, and extend through September 30,2000, unless otherwise
provided for by modification to this Agreement. No expenses will be reimbursed which are incurred prior
to the effective date or subsequent to the termination date unless specifically approved, in writing, by Aims.
ARTICLE 3. SCOPE OF BUDGET
Aims will reimburse the Subcontractor for staff costs up to an amount not to exceed$19,275 incurred in the
performance of the work described in Article 1. All staff costs incurred under this agreement must be in
accordance with the terms of the federal Sponsoring Agency and with the budget provisions set forth in
Attachment A. (1/2 of the work-based coordinator salary @ $17,000 of$34,000 budgeted and 1/4 fringe @
$2,275.)
Aims is not, in the absence of a modification, obligated to reimburse the Subcontractor for costs incurred by
the Subcontractor which are in excess of the costs specified in this article.
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aoaO- O0(o
The Subcontractor shall submit invoices monthly/quarterly for work completed as outlined in Article 1.
Payment of each invoice is contingent upon compliance with the scope of work and the propriety of charges
as assessed by Aims' Principal Investigator. Each invoice shall state the date for which the charge is made,
name of payee, check number, amount of payment, description of expenditures, show a cumulative total to
date, and reference this Agreement Number. Each signed, original invoice shall be submitted to: Aims
Community College, Office of Institutional Grants, 5401 W. 20th Street, Greeley, CO 80634. The final
invoice shall be submitted by the Subcontractor within sixty (60) days of the termination date of this
Agreement and be marked "Final Invoice".
ARTICLE 5. FINANCIAL OBLIGATIONS OF AIMS
This subcontract is subject to and contingent upon the continuing availability of Federal funds for the
purposes hereof. The parties hereto expressly recognize that the subcontractor is to be paid, reimbursed, or
otherwise compensated with funds provided to Aims by the Sponsor for the purpose of subcontracting for the
services provided for herein, and therefore, the subcontractor expressly understands and agrees that all its
rights, demands, and claims to compensation arising under this subcontract are contingent upon receipt of
such funds by Aims. In the event that such funds or any part thereof are not received by Aims, Aims may
immediately terminate this subcontract in the manner and according to the terms and conditions of termination
set forth in Article 30, herein.
ARTICLE 6. PRIOR APPROVAL FOR PROGRAM AND BUDGET CHANGES
This subcontract is subject to such modifications as may be required by changes in Federal or State law, or
their implementing regulations. Any such required modification shall automatically be incorporated into and
be part of this subcontract on the effective date of such change as if fully set forth herein. Except as provided
above, no modification of this subcontract shall be effective unless agreed to in writing by both parties in an
amendment to this subcontract that is properly executed and approved in accordance with applicable law.
The subcontractor shall not change the project scope or objectives, or make any budget revision requiring
approval under the applicable OMB Circular cost principles without prior written approval by Aims.
ARTICLE 7. FINANCIAL MANAGEMENT STANDARDS
The Subcontractor shall comply with applicable standards relating to financial reporting, accounting records,
internal control, budget control, payments, advance payments, allowable costs, source documentation, cash
management, audit resolution, etc.
ARTICLE 8. ALLOWABLE COSTS
The allowability of costs shall be determined in accordance with the provisions of OMB Circular A-21 and
A-110 in addition to any attachments, hereto. Distribution of expenditures shall follow the budget as outlined
in Article 4. The Subcontractor agrees to comply with the applicable terms and conditions of the grant
program legislation and regulations under which the Prime Grant Award was made. All references in these
provisions regarding the funding agency should be deemed to mean "Aims" and references to the "Grantee
or Contractor" should be deemed to mean "Subcontractor."
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The Subcontractor assumes sole responsibility for reimbursement to Aims of a sum of money equivalent to
the amount of any expenditures disallowed should Aims or an authorized agency rule through audit exception,
or some other appropriate means, that any incurred costs are unallowable in accordance with the terms and
conditions of this Agreement.
ARTICLE 9. AUDIT
All state and local governments and non-profit organizations receiving more than$300,000 from all funding
sources, that are defined as federal financial assistance for single audit purposes, shall comply with the audit
requirements of OMB Circular A-133 (Audits of Institutions of Higher Education and Other Non-profit
Organizations). This agreement is subject to the Single Audit requirements of OMB Circular A-133, as
applicable.
The subcontractor shall permit the State, Federal Government, or any other duly authorized agent of a
governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe subcontractor's records
during the term of this subcontract and for a period of three (3)years following termination of this subcontract
or final payment hereunder, whichever is later,to assure compliance with the terms hereof, or to evaluate the
subcontractor's performance hereunder. The subcontractor shall also permit these same described entities to
monitor all activities conducted by the subcontractor pursuant to the terms of this subcontract. As the
monitoring agency may in its sole discretion deem necessary or appropriate, such monitoring may consist of
internal evaluation procedures, examination of program data, special analyses, on—site check, or any other
reasonable procedure.
ARTICLE 10. MAINTENANCE AND EXAMINATION OF RECORDS
The subcontractor shall maintain a complete file of all records, documents, communications, and other written
materials which pertain to the operation of programs or the delivery of services under this subcontract, and
shall maintain such records for a period of three (3)years after the date of termination of this subcontract or
final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any
matters which may be pending. All such records, documents, communications and other materials shall the
property of Aims, and shall be maintained by the subcontractor in a central location and the subcontractor
shall be custodian on behalf of Aims.
Subcontractor will give Aims, Sponsor, and the Comptroller General of the United States, through any
authorized representatives, access to and the right to examine all records, books, papers, or documents related
to the award and subcontract; and will establish a proper accounting system in accordance with generally
accepted accounting standards.
ARTICLE 11. COST-SHARING
The Subcontractor will not be responsible for any contribution to the cost of the project outlined in Article
3.
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ARTICLE 12. REPORTS
A final report of work accomplished under this subcontract, in such detail as shall be requested by Aims is
required by Aims thirty days after the ending date of this subcontract. Final reimbursement to Subcontractor
under this agreement shall not be made until receipt of the final report of work accomplished.
ARTICLE 13. ASSIGNMENTS
This Agreement is not assignable without written consent of both parties. Any such attempted assignment
shall be void and of no legal effect.
ARTICLE 14. INDEPENDENT CONTRACTOR
The subcontractor shall perform its duties hereunder as an independent contractor and not as an employee.
Neither the subcontractor nor any agent or employee of the subcontractor shall be or shall be deemed to be
an agent or employee of the state. Subcontractor shall pay when due all required employment taxes and
income tax and local head tax on any moneys paid pursuant to this subcontract. Subcontractor acknowledges
that the subcontractor and its employees are not entitled to unemployment insurance benefits unless the
subcontractor or a third party provides such coverage and that aims does not pay for or otherwise provide such
coverage. Subcontractor shall have no authorization, express or implied, to bind Aims to any agreements,
liability, or understanding except as expressly set forth herein. Subcontractor 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 subcontractor, its employees
and agents.
ARTICLE 15. GRANT ASSURANCES
If this subcontract involves the expenditure of federal funds, the subcontractor shall at all times during the
execution of this subcontract strictly adhere to and comply with applicable federal laws and regulations, as
they currently exist and may hereafter be amended, which are incorporated herein by this reference as terms
and conditions of this subcontract. The subcontractor shall also require compliance with these statutes and
regulations in subgrant agreements permitted under this subcontract. The federal laws and regulations
include:
• Will establish safeguards to prohibit employees from using their positions for a purpose that constitute
or presents the appearance of personal or organization conflict of interest, or personal gain.
• Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4728-4763) relating to
prescribed standards for merit systems for programs funded under one of the nineteen statues or
regulations specified in Appendix A of OPM's Standard for a Merit System of personnel Administration
(5C.F.R. 900, Subpart F).
• Will comply with all Federal statues relating to nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)which prohibits discrimination on the basis of
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race, color or national origin; (b)Title IX of the Education Amendments of 1972, as amended (20 U.S.C.
1681-1683, and 1685 — 1685), which prohibits discrimination on the basis of sex; (c) Section 504 of the
Rehabilitation Act of 1973. as amended (29 U.S.C. 794), which prohibits discrimination on the basis of
handicaps; (d)the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits
discrimination on the basis of age; (3) the Drug Abuse Office and Treatment Act of 1972 (P.O. 92-255),
as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended.
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 523 and 527 of the Public
Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et
seq.), as amended,relating to non-discrimination in the sale,rental or financing of housing; (I) any other
nondiscrimination provision in the specific statute(s) under which application for Federal assistance is
being made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the
application.
• Will comply with the Hatch Act (5U.S.C. 1501-1508 and 7324-7328) which limit the political activities
of employees whose principal employment activities are funded in whole or in part with federal funds.
• Will comply, as applicable, with the provisions of the Davis-Bacon Act(40 U.S.C. 276A to 276A-7),the
Copeland Act(40 U.S.C. 276c and 18 U.S.C. 874).
• Will comply with P.L. 93-348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
• Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and
policies governing this program
ARTICLE 16. CERTIFICATION
Suspension and Debarment
The Undersigned hereby certifies that to the best of their knowledge and belief,that the subcontractor and its
principals:
1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any federal department or agency.
2) Have not within a three year period preceding this subcontract been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local)transaction or contract under a public
transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in subparagraph B of this
certification; and
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4) Have not within a three year period preceding this subcontract had one or more public transactions
(Federal State, or local)terminated for abuse or default.
Drug Free Workplace
The undersigned certifies that to the best of his or her knowledge and belief the subcontractor is in compliance
with the requirements of the Drug-Free Workplace Act(Public Law 100-690, Title V, subtitle D,41 USC 701
et seq.).
Lobbying
The undersigned certifies to the best of his or her knowledge and belief that:
1) 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 an 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 any 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.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence and officer or employee of any agency, a Member of Congress,and
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in the award documents
for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify accordingly
Program Fraud Civil Remedies Act
The undersigned certifies that the statements herein are true, complete, and accurate to the best of his or her
knowledge, and that he or she is aware that any false,fictitious, or fraudulent statements or claims may subject
him or her to criminal, civil, or administrative penalties. The undersigned agrees that the application
organization will comply with the Public Health Service terms and conditions of award.
Environmental Tobacco Smoke
Public Law 103-227, also known as the pro-Children Act of 1994 (Act), requires that smoking not be
permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used
routinely or regularly for the provision of health, day care, early childhood development services, education
or library services to children under the age of 18, if the services are funded by Federal programs either
directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law
also applies to children's services that are provided in indoor facilities that are constructed, operated, or
maintained with such Federal funds. The law does not apply to children's services provided in private
residence, portions of facilities used for inpatient drug or alcohol treatment, service providers whose sole
source of applicable Federal funds is Medicare or Medicaid, or facilities where WIC coupons are redeemed.
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Failure to comply with the provision of the law may result in the imposition of a civil monetary penalty of
up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible
entity.
The undersigned certifies that the organization will comply with the requirements of the Act and in that it will
not allow smoking within any portion of any indoor facility used for the provision of services for children as
defined by the act.
ARTICLE 17. GOVERNING 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 Subcontract. Any provision of the Subcontract 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 Subcontract to the extent that the Subcontract is capable of execution.
ARTICLE 18. OMNIBUS BUDGET RECONCILIATION AND RECESSIONS ACT
When issuing statements, press releases, requests for proposals, bid solicitations, and other documents
describing projects or programs funded in whole or part with Federal money, all grantees receiving Federal
funds, including but not limited to State and local governments, shall clearly state (1) the percentage of the
total cost of the program or project which will be financed with Federal money, (2) the dollar amount of
Federal funds for the project or program, and (3)the percentage of and dollar amount of the total costs of the
project or program that will be financed by non-governmental sources.
ARTICLE 19. LIABILITY
The parties hereto understand and agree that liability of the State of Colorado, its departments, institutions,
agencies, boards, officials and employees, and that of the County of Weld, is controlled and limited by the
provisions of 24-10-101, et seq., C.R.S., as amended and 24-30-1501, et seq., C.R.S. as amended. Any
provisions of this Agreement, whether or not incorporated herein by reference, shall be controlled, limited
and otherwise modified so as to limit any liability of the State of Colorado, Aims, and the County, to the
above cited laws. No portion of the Agreement shall be deemed to constitute a waiver of any immunities the
parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have
created a duty of care which did not previously exist with respect to any person not a party to this Agreement.
The parties hereto acknowledge and agree that no part of this Agreement is intended to circumvent or replace
such immunities.
ARTICLE 20. INSURANCE
The Subcontractor agrees to maintain coverage for workmen's compensation, comprehensive general liability
insurance and employer's liability insurance either through commercial insurance or a reasonable self-
insurance mechanism in amounts required by Colorado State statutes. Subcontractor will provide proof of
insurance at Aims's request.
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ARTICLE 21. CONFIDENTIALITY OF RECORDS
A. The subcontractor is hereby designated an agent of Aims for the purposes of the confidentiality
requirements of Section 8-72-107, CRS. In the event the subcontractor shall obtain access to any records
or files of Aims in connection with agreement, or in connection with the performance of its obligations
under this agreement, the subcontractor shall keep such records and information confidential and shall
comply with laws and regulations concerning the confidentiality of such records to the same extent as
such laws and regulations apply to Aims. The subcontractor shall notify its employees that they are subject
to the confidentiality requirements as set forth above.
B. Except as required by law, Aims will not disclose to third persons, other than subcontractors or consultants
of Aims whose performance of services require disclosure, any information marked as "confidential" or
"proprietary" or otherwise marked as agreed by the parties. Except as otherwise agreed, "confidential"
or "proprietary" information of the subcontractor which may be marked is information relating to its
research, development,trade secrets,business affairs, internal operations and management procedures and
like information of its customers, clients, or affiliates, but does not include information lawfully obtained
from third parties, information in the public domain, exhibits, attachments, or appendices to the
subcontract, or information required to be delivered to Aims pursuant to the terms of this Subcontract.
With respect to any such disclosure to other contractors or consultants of Aims. Aims agrees to inform
them concerning the restrictions on disclosure and include suitable non-disclosure provisions in their
agreements. Nothing herein is intended or shall operate as a waiver of any applicable law governing
disclosure of records, including the Colorado Open Records Act(Section 24-72-101. CRS). Aims agrees
to provide the subcontractor with prompt written notice of requests for disclosure under such laws of
Subcontract information within the scope of this clause.
ARTICLE 22. COPYRIGHTS AND PUBLICATIONS
The Subcontractor is free to copyright material developed in the course of this Agreement. Aims and the U.S.
government shall have a royalty-free, nonexclusive, irrevocable license to reproduce, publish, or otherwise
use any such copyrighted or copyrightable material. The Subcontractor shall place an acknowledgment and
disclaimer, as appropriate, of federal government support on any publication written or published with funds
from this Agreement.
ARTICLE 24. PATENT RIGHTS
If any invention, improvement, or discovery of the subcontractor or any of its subcontractors is conceived or
first actually reduced to practice in the course of or under this subcontract work, and if such is patentable, the
subcontractor shall notify Aims immediately and provide a detailed written report. The rights and
responsibilities of the subcontractor, third party subcontractors, and Aims with respect to such invention,
improvement, or discovery will be determined in accordance with applicable federal laws and regulations in
existence on the date of execution of this subcontract.
ARTICLE 25. LICENSES, PERMITS, AND RESPONSIBLITIES
Subcontractor certifies that, at the time of entering into this subcontract, it has currently in effect all necessary
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licenses, certifications, approvals, insurance, permits, etc. required to properly perform the services and/or
deliver the supplies covered by this subcontract. Subcontractor warrants that it will maintain all necessary
licenses, certifications, approvals, insurance, permits, etc. required to properly perform this subcontract,
without reimbursement by Aims or other adjustment in subcontract price. Additionally, all employees of
subcontractor performing services under this subcontract shall hold the required licenses or certification, if
any, to perform their responsibilities. Subcontractor further certifies that, if it is a foreign corporation or other
entity, it currently has obtained and shall maintain any applicable certificate of authority to do business in the
State of Colorado and has designated a registered agent in Colorado to accept service of process. Any
revocation, withdrawal or non-renewable of necessary licenses, certifications, approvals, insurance, permits,
etc. required for subcontractor to properly perform this Subcontract, shall be grounds for termination of this
subcontract by Aims for default.
ARTICLE 26. LEGAL AUTHORITY
The subcontractor warrants that it possesses the legal authority to enter into this subcontract and that it has
taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to
lawfully authorize its undersigned signatory to execute this subcontract and to bind the subcontractor to its
terms. The person(s) executing this subcontract on behalf of the subcontractor warrant(s)that such person(s)
have full authorization to execute this subcontract.
ARTICLE 27. REPRESENTATIVES AND NOTICE.
A. For the purpose of this subcontract,the individuals identified below are hereby designated representatives
of the respective parties. With respect to the representative of Aims, such individual shall have the
authority to inspect and reject services, approve invoices for payment, and act otherwise for Aims, except
with respect to the execution of formal amendments to or termination of this agreement. Either party may
from time to time designate in writing new or substitute representatives:
For Aims: For the Subcontractor:
Christi Segal . Director TnstitutionaJ Grants Marilyn Carlini). Fiscal Officer
Name Title Name Title
ARTICLE 28. INSPECTION AND ACCEPTANCE
Aims and Sponsor reserves the right to inspect services provided under this subcontract at all reasonable times
and places during the term of the subcontract. "Services" as used in this clause includes services performed
or tangible material produced or delivered in the performance of services. If any of the services do not
conform with subcontract requirements, Aims may require the subcontractor to perform the services again
in conformity with subcontract requirements, with no additional payment. When defects in the quality or
quantity of service cannot be corrected by additional or substitute performance, Aims may (1) require the
subcontractor to take necessary action to ensure that the future performance conforms to subcontract
requirements and (2) equitably reduce the payment due the subcontractor to reflect the reduced value of the
services performed. These remedies in no way limit the remedies available to Aims in the termination
provisions of this subcontract, or remedies otherwise available at law.
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ARTICLE 29. REMEDIES
In addition to any other remedies provided for in this Subcontract, and without limiting its remedies otherwise
available at law, Aims may exercise the following remedial actions if the Subcontractor substantially fails to
satisfy or perform the duties and obligation in this Subcontract. Substantial failure to satisfy the duties and
obligations shall be defined to mean significant insufficient, incorrect or improper performance, activities.
or inaction by Subcontractor. These remedial actions are as follows:
A. Suspend Subcontractor's performance pending necessary corrective action as specified by Aims without
Subcontractor's entitlement to adjustment in price/cost or schedule; and/or
B. Withhold payment to Subcontractor until the necessary services or corrections in performance are
satisfactorily completed; and/or
C. Request the removal from work on the Subcontract of employees or agents of Subcontractor whom Aims
justifies as being incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose
continued employment on the Subcontract Aims deems to be contrary to the public interest or not in the
best interest of Aims; and/or
D. Deny payment for those services or obligations which have not been performed and which due to
circumstances caused by Subcontractor cannot be performed, or if performed would be of no value to
Aims. Denial of the amount of payment must be reasonably related to the value of work or performance
lost to Aims.
E. Terminate the Subcontract for default.
The above remedies are cumulative and Aims, in its sole discretion, may exercise any or all of them
individually or simultaneously.
ARTICLE 30. TERMINATION
This Agreement may be terminated as follows:
A. In the event that the Federal Sponsoring Agency terminates the Prime Grant Agreement in whole or in
part, Aims may terminate the Agreement in whole or in part.
B. Aims may terminate this Subcontract at any time Aims determines that the purposes of the distribution
of moneys under the Subcontract would no longer be served by completion of the project. Aims shall
effect such termination by giving written notice of termination to the Subcontractor 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, data, studies, surveys, drawings, maps, models, photographs, and
reports or other material prepared by the Subcontractor under this Subcontract shall, at the option of Aims,
become its property, and the Subcontractor shall be entitled to receive just and equitable compensation
for any satisfactory services and supplies delivered.
If the Subcontract is terminated by Aims as provided herein,the Subcontractor will be paid an amount which
bears the same ratio to the total compensation as the services satisfactorily performed bear to the total services
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of the Subcontractor covered by this Subcontract, less payments of compensation previously made, provided,
however,that if less than sixty percent(60%) of the services covered by this Subcontract have been performed
upon the effective date of such termination, the Subcontractor shall be reimbursed (in addition to the above
payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this
Subcontract) incurred by the Subcontractor during the Subcontract period which are directly attributable to
the uncompleted portion of the services covered by this Subcontract. In no event shall reimbursement under
this clause exceed the Subcontract amount. If this Subcontract is terminated for cause, or due to the fault of
the Subcontractor, the Termination for Cause or Default provision shall apply.
ARTICLE 31. ENTIRE UNDERSTANDING
This subcontract 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 writing, executed, and approved by both Aims and
Subcontractor.
ARTICLE 32. SURVIVAL OF CERTAIN SUBCONTRACT TERMS
Notwithstanding anything herein to the contrary,the parties understand and agree that all terms and conditions
of this subcontract and the exhibits and attachments hereto which may require continued performance,
compliance, or effect beyond the termination date of the subcontract shall survive such termination date and
shall be enforceable by Aims as provided herein in the event of such failure to perform or comply by the
subcontractor.
ARTICLE 33. LITIGATION REPORTING
Unless otherwise provided,the subcontractor shall promptly notify Aims in the event that the subcontractor
learns of any actual litigation in which it is a party defendant. The subcontractor, within ten (10) days after
being served with a summons, complaint, or other pleading in a case which involves services provided under
this subcontract and which has been filed in any Federal or State court or administrative agency, shall deliver
copies of such document to the representative designated in this subcontract, or in absence of such
designation,to the chief executive officer of the department, agency, or institution executing this subcontract
on behalf of Aims.
ARTICLE 34. NO THIRD PARTY BENEFICIARY ENFORCEMENT
It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and
all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and
nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under the Agreement shall be an incidental
beneficiary only.
Page 11 of 12
IN WITNESS WHEREOF, the parties have executed this subcontract on the day and year first written above.
SUBCONTRACT AIMS JUNIOR COLLEGE DISTRICT
ORGANIZATION: Board of Weld County Commissioners
BY: BY: Jan.44-,
arbara J. Kirkm yer Dr. Paul Thompson, President
TITLE: Chairman
DATE: 01/10/2000 DATE: �p u�
: IPCOUNIL (
BY::
TITLE: Chairman lr" TITLE: Director, Institutional Grants
DATE: )O)1r" DATE:
Page 12 of 12
BUDGET NARRATIVE
Below are outlined funding. requests for Year One, 10/1.99-9/30/00. Please see the narratives for sections 1-3
icier the subtitle SustainabiU v for sustainabiiity commitments for years 2 and 3.
Salaries/Personnel: 5108.197
Staffing needs to support the projects and goals of the Partnership Council are as follows:
Half-time Partnership Facilitator @. .60 FTE @ 12 months =$30,197
V2 time clerical support @ 50 77-E @ 13 months - S10.
Full-time Staff Development Coordinator @. 1.0 FTE '.= months = $34,000
Full-time Work Experience Project Coordinator @ 1.0 FTE @ 12 months = 334.000
In kind contributions from Weld BOCES for donated time for project administration and activities approx.
313.000, District 6 is approx. 313.000. Partnership member's time for monthly meetings and team paricination
is approximately 37,200.
Fringe Benefits: 310.575
Benefits for i FTE Staff Development position @ =0°''o of 335.000 =37,000; V- Fringe for Full Work-based
Experience Coordinator= 32275. `2 clerical support ,z _3°'0 of 310,000 = 31.300.
Travel: 52.000
To conduct outreach and coorHnation activities among the Weld County Partnership members, the Staff
Development Coordinator, Partnership Facilitator, and Work-Based Experience Coordinator will travel
throughout the region. and State. to attend meetings and promote the efforts ofPartnership activities.
In-kind contributions for travel include $1,000 from Partnership members, $2,000 from BOCES and District 6,
and an additional 31,000 for sinident travel throughout disn:cts to testing sites.
Equipment: SO
The Partnership will assume all Partnership equipment costs. In kind estimates from Partnership members are
35,000 annually.
Budget Revision, October 5, 1999
Other: S0
Additional in-kind support from Vveld County Employment Services of office space, supplies, furniture is
-.proximately $6,000 for the Work-based Experience Coordinator, and approximately S7,500 from Aims
Community College, Continuing Education for support of the l/2 clerical support and meeting facilities for all
Partnership STC meetings and activities.
Supplies: S2.500
Request for office supplies 5317 Coordinators total S2,500. In kind supplies from BOCES. District 6, and
Parnership members :otal approximately S5,000.
Evaluation: S`.500
S7,500 for an external evaluator to assess all prog-ams outlined in the management plan are requested. In kind
evaluations of programs and student outcomes by 5 school districts is approximately 56,0{)0.
Professional Development: 51.000
Support of professional development implementation and activities outlined in management plan @ S12,500
Instructional supplies for professional development activities @ $2,500.
In4ind support from BOCES (Standards and Assessments Coach @$21, 53,000 for 2-3 staff development
workshops); from District 6, approx. S3,000 (Career Expo).
Administration: SO
Ail administrative costs will be absorbed by Aims Community College C . S15,000 in kind.
3 Budget Revision,October 5, 1999
„4.+men.... -.r,.v. ff��]�..W-- - -� _ as. .. _ •,,,a.,y - .�� '-r �-gyel
'n�.r`.R:w [l� 0 r 0
coke e_ 'oE� t� •eas w_�.�:... _ ;�' ":I
Required Form
Name of Partnership Cot:::-T Sc::co_ co Career (ETC) Partae.s i?
EUOGE T
Cost Category School-to-Career Other and in-kind
Funds resources'
Salaries ! Personnel i103, 17S27, 200
Fringe Eene., . 10,5-5 0
Travel f 23000
c_uipmer,t" • _ . 00
Supplies 1 2 j 5,000
Contractual I I 0 I
Other: i + _2 .500
Evalua fon I - ,000
r-roress;onal I
27,000
Developrne:'t -
Etc. !please specify) i - 0
Administration .:must nor 0 „000
exceed 10% 9 -orai) -
Total 516.5,72 S112,700
These:Inc items are based on federal repot-tiny.
' indicate amount and source
" Non-expendable personal property that has a useful life of more than one year and a cost of
$5,000 or more per unit.
No student wages or workplace mentors may be paid with any School-to-Career funds.
This is a cost-reimbursable grant The grantee must first expend funds to support the Grant's
activities and then sand a monthly or quarterly invoice to the Colorado Schoci-to-Career
'artnership for reimbursement A partnership may have up to 43 hours of cash on-hand
according to department of Labor fiscal r.:les.
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