HomeMy WebLinkAbout20000634.tiff RESOLUTION
RE: APPROVE CONTRACT AMENDMENT#1 FOR TERMINATION OF ORIGINAL
PROGRAM YEAR 1999 CONTRACT AND ALL SUBSEQUENT EXPENDITURE
AUTHORIZATIONS AS OF JUNE 30, 2000, 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 Contract Amendment#1 for termination
of the original Program Year 1999 Contract and all subsequent Expenditure Authorizations
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, and the
Colorado Department of Labor and Employment, commencing July 1, 2000 and ending
December 31, 2000, with further terms and conditions being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Contract Amendment#1 for termination of original Program
Year 1999 Contract and all subsequent Expenditure Authorizations 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, and the Colorado Department of Labor and
Employment be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of March, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY,
COLORADO
/
ATTEST: �� i,I� . �. ��`
► i ':arbara J. kmeye , Chai- `/
Weld County Clerk to the 1.ar j 0
1 vas ► _
. J. G ile, Pro-Tem�
BY: Z
Deputy Clerk to the Boar. V < /• �`
George Baxter
APPROVED A TO FORM: EXCUSED —
t Dale K. Hall
Co yfitorney .,e./ , /;t4A,a4 —
Glenn Vaad
2000-0634
Aft R HR0071
(4171, ( AriMEMORANDUM
TO: Barbara J. Kirkmeyer, Chair DATE: March 20, 2000
Board of Weld County Commissioners _
FROM: Walt Speckman, Executive Director of F uman Services {it
COLORADO SUBJECT: Amendments to the PY98 JTPA Contract
Enclosed for Board approval are two amendments to the PY99 and 98 JTPA Contracts between
the Colorado Department of Labor and Employment and the Board of County Commissioners of
Weld.
The two amendments are Amendment# 1 for PY 1999 funds and Amendment# 1 for PY98 funds.
The purpose of Amendment #1 00-0261 is to terminate the original PY99 Contract and all
subsequent Expenditures Authorizations as of June 30, 2000.
Amendment#1, 00-0271 is to extend the Py99 Master JTPA contract through December 31, 2000
for the purpose of closeout activities and expenditure of closeout costs.
If you have any questions, please telephone me at 353-3800, extension 3317.
2000-0t5+4
DEPARTMENT OR AGENCY NAME
KAA
CONTRACT ROUTING NUMBER
00-0261
CONTRACT AMENDMENT# One
This AMENDMENT, made this 14th day of May , 20 00, by and between the State of Colorado for the
use and benefit of the Department of LABOR AND EMPLOYMENT, 1515 Arapahoe Street,Tower
2, Suite 400,Denver, Colorado 80202-2117 hereinafter referred to as "the State", 2 nd the Board of
County Commissioners of Weld County whose address or principal place of business is 915 10th
Street, Greeley, Colorado 80631-1123 hereinafter referred to as "the Contractor."
FACTUAL RECITALS
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 J00,
Appropriation Code 201, (Organizational Code 4111, Program Code 1100, Function Code 7500, and
Grant Budget Line Code Various)under Contract Encumbrance Number C000022 . The parties entered
into a contract("Original Contract")dated July 1, 1999, more fully described below.
The Original Contract provided for: The provision of Program Year 1999 (PY99) Job Training
Partnership Act (JTPA) funds to implement and operate Employment and Training Programs for
Youth,Adults,and Dislocated Workers during the period of July 1, 1999 through June 30,2000.
The State and the Contractor have mutually agreed that changes to the Original Cor tract are now required
because of: (1) The Job Training Partnership Act is repealed as of June 30,200) and replaced by
the Workforce Investment Act of 1998 which will be funded under a new Grant Agreement starting
July 1,2000; (2) the contractor is required by the Job Training Partnership Act to complete
contract closeout activities and is allowed to use PY99 funds to cover closeout cost expenses from
July 1,2000 through December 31, 2000; and (3) an extension of the contract is needed to cover the
contractor's closeout activities.
It is the intent of the parties in entering into this Contract Amendment#One to: expend the PY99
Master JTPA contract period of performance through December 31,2000 solely for the purpose of
contract closeout activities and the expenditure of closeout costs.This contract amendment# One
modifies the Statement of Work to allow the contractor to expend PY99 JTPA funds beyond June
30,2000 to cover the costs of closeout activities. No additional funding is being provided.
By this Amendment#One any previously executed Expenditure Authorization.; are terminated as
of July 1,2000.
All required approvals, clearances and coordination have been accomplished from and with all
appropriate agencies.
Page 1 of 8
O2OO6_Oo39
NOW,THEREFORE, it is hereby agreed that:
I. Consideration for this amendment to the Original Contract, CE number C000022 , Contract
Routing number KAA#00-0022 , dated July 1, 1999, consists of the payments which shall
be made pursuant to this Amendment and the promises and agreements herein set forth.
2. It is expressly agreed between the parties that this Amendment is supplemental to the Original
Contract, Contract Routing Number KAA#00-0022 , dated July 1, 1999, hereinabove
referred to as the "Original Contract," which is, by this reference, incorporated, made a paid
hereof, and identified as "Attachment A". All terms, conditions, and provisions the Original
Contract, unless specifically modified herein, are to apply to this Amendment as though such
terms, conditions, and provisions were expressly rewritten, incorporated, and included herein.
3. It is agreed by and between the parties that the Original Contract is and shall be modified, altered,
and changed in the following respects only):
A. EFFECTIVE DATE AND TERM. The effective date of this Contract is=uly 1, 1999 .
The initial term of this Contract shall commence on July 1, 1999 and end or-Iane-M-2O40
December 31,2000. The period of performance for closeout activities under this
amendment is July 1,2000 through December 31,2000.
B. DEFINITIONS. A list of definitions applicable to this Contract is attached hereto as
"Attachment 1" and by this reference is incorporated herein.
For the purposes of this Amendment#One, the following definition is added:
Closeout Costs-Closeout costs may include,but are not limited to,late claims, unfunded
liabilities, termination costs associated with subrecipient agreements, p'malties for breaking
leases, uncharged accrued leave, possible severance pay and unemployment insurance costs,
records retention and storage costs,audit costs, closeout processing cols.
STATEMENT OF WORK. The Contractor agrees to perform, in a professional and
workmanlike manner, the obligations and responsibilities set forth in the "A Ilowable Programs"
section of this Contract.
1. ALLOWABLE PROGRAMS.
A. The Contractor and its administrative entity have prepared a two-year ILA/LIC
JTP and a II-B JTP, in accordance with Section 104 of the JTPA, and an
EDWAA SSP in accordance with Section 313 of the JTPA. The 99-00 Plans, by
this reference, are hereby incorporated and made part of this Contract as if fully
set forth herein.
Deletions to the Original Contract appear in"strikeout"format. Additions to the Original Contract appear In
bold, italicized,capital letters or numbers or"redline" format.
Page 2 of 8
B. The State shall provide Program Year 99-00 (PY99) funds to the SDA for
activities pursuant to the approved 99-00 Plans referenced above.
C. In addition to the funds provided for the basic grant activities identified in the
approved 99-00 Plans, the State may provide additional PY99 funds to the
Contractor for the following activities:
(1) Training programs for older individuals(those individuals 55 years or
older), Section 204(d) of the JTPA, as amended;
(2) Incentive grants for superior performance; training and technical
assistance for staff and for serving hard to serve ind viduals, Sections
106(b)(7), 202(c)(1)(B)and 262(c)(1)(B)of the JTPA, as amended;
(3) As specified by the EDWAA, training programs for dislocated workers.
Sections 301 and 302 of the JTPA, as amended;
(4) Services for groups with special needs and exempla-y models pursuant
to joint agreements;
(5) Amendments and modifications of allocated funds pursuant to Sections
109 and 303 of the JTPA, as amended; and,
(6) Other funds for employment and training-related programs.
D. For the purposes of this Amendment#One, and for the Period of July 1,
2000 through December 31,2000,grant activities listed tinder paragraph
C.1.C.(1 through 6) above shall not be performed by the Contractor.
E. For the purposes of this Amendment#One,the Contractor will perform
contract closeout activities pursuant to the Policy Guida ace Letter titled,
"JTPA Contract Closeout Guidelines". Expenditures for closeout activities
under this Contract Amendment#One must be expended according to a
JTPA Closeout Budget Information Summary(BIS), a copy of the required
format is attached herein as Exhibit E.
F. The Contractor has submitted a JTPA Closeout Plan,attached herein as
Exhibit F.
2. MAXIMUM FUNDING.
A. The State shall provide the Contractor an amount not to exceed One Million,
Two Hundred Thirty-Seven Thousand, One Hundred Sixty-Four Dollars
($1,237,164.00)of all funds awarded to the State of Colorado for activities
identified in the "Allowable Programs" section of this Contract for the period of
July 1, 1999, through Ju+e-3-02000 December 31,2000.
B. Funds authorized for expenditure by the Contractor shall be limited to authorized
Page 3 of 8
funding received from the U.S. Department of Labor(U.S.D.O.L.)or other
sources. The authorization to spend funds may be provided to the State in
increments. Therefore, the State shall limit the amount requested by the
Contractor for each Expenditure Authorization commitment document(EA) to
the amount in the State's current Notice of Fund Availability.
3. EXPENDITURE AUTHORIZATION (EA) PROCEDURES.
A. Prior to the expenditure of any funds identified in section C 2. of this Contract,
an EA and/or Plan(s)must be submitted to the State by the Contractor and
approved by the State.
B. An EA is a commitment document (See Exhibit D for model commitment
document) prepared by the Contractor which shall include the following:
(1) Type of funds identified in the"Allowable Programs" section of this
Contract, which the Contractor is requesting;
(2) Period of Performance;
(3) Program/Project Name;
(4) Scope of Work;
(5) Budget(s)and Narrative(s) submitted on a Budget I iformation Summary
(BIS)and forms provided by the State;2
(6) A signature page signed by: the Chair of the Private Industry Council
(PIC), the Local Elected Official (LEO),the SDA Director,the State's
Executive Director, and the State Controller or his designee if the total
amount of the EA is One Hundred Thousand Dollars($100,000) or
more. The LEO may authorize the SDA Director and the PIC Chair lo
sign for EAs of less than One Hundred Thousand Dollars($100,000);
and,
(7) The Contractor must comply with its own internal signature process.
Should the internal signature process be more restri:tive than this
provision, it will prevail.
C. All EA commitment documents are expressly made subject to approval by the
State and the State Controller or his designee.
2 A separate Budget and BIS are required for each type of funding requested and/or received by the
Contractor, such as,but not limited to,those programs identified in the"Allowable Programs" section of this
Contract.
Page 4 of 8
D. The Contractor may include the above EA provisions in its subcontracts. Upon
approval by the State of the Contractor's EA policy and procedures for its
subcontractors, the State shall be deemed to be a third party beneficiary of such
provisions. The Contractor shall be obligated to the State for the enforcement of
such provisions.
4. MODIFICATION PROCEDURE FOR A BUDGET.
A. The Contractor may modify the EA and its budget in accordance with State
policies and procedures with the prior approval of both the PIC and the State.
B. All modifying EA commitment documents are expressly made subject to
approval by the State and the State Controller or his Designee.
C. If changes in labor market conditions, funding, or other factors require
substantial deviation from an approved JTP,then the PIC and the appropriate
LEO(s), as defined in section 103(c) of the JTPA, shall submit a modification of
such JTP, including modification of the budget, which shall be subject to review
in accordance with the JTPA, Sections 104(b)(13)(E), 104(c), and 105.
5. PROPERTY. To purchase property with JTPA funds, a Property Requisition and
Authorization Form (PRAF) must be submitted to, and processed b�, the State.
6. DURATION. The JTPs shall remain in full force and effect for the entire Contract term
unless changes in labor market conditions, funding, or other factors require substantial
modifications as provided in Section 104(c)of JTPA, as amended.
7. ANNUAL REPORT. The Contractor shall submit an annual report by September 30 of
each year as required by Section 104(b)(13) of the JTPA, as amended. The report shall
include:
A. A description of the activities or services conducted by the Contractor during the
program year for Title II-A, II-C, Title III, and 5% Older Worker programs.
B. A list of client characteristics and the number of each class of client served.
C. A list of occupations in which training took place and the number of participants
in each occupation so trained.
D. A summary of the SDA's performance in meeting federalist lie standards.
E. The status of coordination agreements and a description of any innovative
coordination taking place which would be of special interest to other SDAs, the
Workforce Coordinating Council, and the Governor;
F. An evaluation of service providers, including the ability to meet performance
goals, cost, quality of training, and characteristics of partici pants.
Page 5of8
G. A summary of the Contractor's monitoring of subrecipient contracts, corrective
actions taken, if any, and the results of any such corrective actions.
H. Information on the extent to which the SDA has met the goals of the area for the
training and training-related placement of women in nontraditional employment
and apprenticeships.
1. A statistical breakdown of women trained and placed in nontraditional
occupations, including information regarding:
I. the type of training received, by occupation;
2. whether the participant was placed in a job or apprenticeship, and, if so,
the occupation and wage of the participant at the time of placement;
3. the age of the participant;
4. the race of the participant; and,
5. retention of the participant in nontraditional employment.
8. EXHIBITS. The terms and conditions contained in the PY99 JTP are by this reference,
incorporated herein. Exhibits A, B, and D attached hereto, are incoporated and made a
part hereof. Exhibit C will be incorporated, and made a part of this contract, once the
plans are approved and fully executed. These exhibits are:
Exhibit A - PY99 JTP
Exhibit B - PY99 II-B SYETP
Exhibit C- PY99 EDWAA Substate Plan
Exhibit D - EA model commitment document
9. Attachments. JTPA Closeout Costs Budget Information Summary is attached to
this Amendment herein as Exhibit E and the JTPA Closeout Plan is attached herein
as Exhibit F.
4. The effective date of this Amendment is May 15,2000.
5. Except for the "Special Provisions" contained in the Original Contract, in the event of any
conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and
any of the provisions of the Original Contract, the provisions of this Amendment shall in all
respects supersede, govern and control. The "Special Provisions" shall always be controlling
over other provisions in the Original Contract or any amendments thereto. The representations in
the Special Provisions concerning the absence of bribery or corrupt influences and personal
interest of State employees are presently reaffirmed.
6. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE CURRENT FISCAl
Page 6of8
YEAR ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING APPROPRIATED,
BUDGETED, AND OTHERWISE MADE AVAILABLE.
7. THIS AMENDMENT SHALL NOT BE DEEMED VALID UNTIL IT SHALL HAVE BEEN
APPROVED BY THE CONTROLLER OF THE STATE OF COLORADO OR SUCH
ASSISTANT AS HE MAY DESIGNATE.
Page 7 of 8
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on tt e day first above written.
CONTRACTOR: STATE:
THE BOARD OF COUNTY COMMISSIONERS STATE OF COLORADO 1
OF WELD COUNTY Bill Owens, Governor
i
/ /
7 3 /„
By: Ucu,t a _l /1„, ti/ij ti 03/20/00 By: CZ; 4i a / z,>a:'f?6 I' ' / 't
Barbara J. Kirk eyer i Date Vickie L. Armstrong / Date
Chair Executive Director
FEIN: 84-6000813* q Department of Labor and Employment
,4 21uea
At tation <l V p'
QV
c
By: ��� � Iii.r X1.1
Deputy Clerk to the B ard-''�
APPROVALS:
DEPARTMENT OF LAW DEPARTMENT OF PERSONNEL
OFFICE OF THE ATTORNEY GENERAL DIVISION OF FINANCE AND PROCUREMENT
Ken Salazar,Attorney General Arthur L. Barnhart, State Controller
o
7 By: / Date State Controller or Designee Date
/
Page 8 of 8
Exhibit E
EMPLOYMENT AND TRAINING PROGRAMS
BUDGET INFORMATION SUMMARY (BIS)
Job Training Partnership Act (JTPA) Closeout Costs
Original E Modification E
Date of Submittal:
SDA/SSG: Reference Code:
Program/Project Name: JTPA Closeout Costs VAX#:
Funding Source and Year of Funds: PY99 JTPA Funds _
Original Allocation: N/A
Current Budget:
Transfer In (+): N/A From PY and Funding Source: N/A
Transfer Out(-): N/A To PY and Funding Source: N/A
Revised Budget: 0.00
Current Period of Performance: From: To:
Revised Period of Performance: From: To:
Funding Source
PY99 JTPA Current Changes Transfer `)/0 of
Program Budget In(+)/Out(-) In(+)/Out(-) Revised Budget Budget
II-A N/A N/A 0.00 NIA
II-C N/A N/A 0.00 NA
EDWAA 60% N/A N/A 0.00 NSA
EDWAA 40% N/A N/A 0.00 NSA
Older Worker N/A N/A 0.00 NA
Perf. Incentive N/A N/A 0.00 N/A
Capacity Bldg. N/A N/A 0.00 N/A
TOTAL 0.00 N/A N/A 0.00 N'A
Preparer's Signature Date
SDA/SSG's Director's Signature Date
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