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HomeMy WebLinkAbout890395.tiff RESOLUTION RE: APPROVE 1989-1990 JTPA MASTER CONTRACT AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with the 1989-1990 JTPA Master Contract to enable Weld County to operate and expend funds under the Job Training Partnership Act, and WHEREAS, the term of said Master Contract is from July 1 , 1989 , through June 30 , 1990 , with the 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 1989-1990 JPTA Master Contract be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 3rd day of May, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County erk and Recorder d and Clerk to the Board C.W. Kir y"b , iairman J cqu ine nson, Pro-Tem eputy County lerk APPR VED AS TO FORM: ene R. Br ntner CMCC7.L O eorge Ke ne County Attorney Gor i/�' rein ra Lj 890395 f� C ' e4 mEmoRAnDum C. W. Kirby, Chairman�P T Board of County Commissioners Date May 3, 1989 COLORADO From Walter J. Speckman, Executive Director, Human Resources 7471- Subject JTPA Master Contract 1989 - 1990 Between Employment Services of Weld County and the Governor's Job Training Office Enclosed for Board approval is the Master Contract between the Governor's Job Training Office and Employment Services of Weld County through the Board of Weld County Commissioners, to enable Weld County to operate and expend funds under the Job Training Partnership Act. The Contract covers the period of July 1 , 1989 through June 30, 1990 with a deadline of June 30,1992, at which time all funds awarded through the Contract must expended. If you have any questions, please telephone me at 353-3816. 890395 Dept. or Agency # G/L Account # Contract Routing # Contract # Encumbrance # CONTRACT THIS CONTRACT, made this Day of 1989, effective the 1st day of July 1989 by and between the State of Colorado, represented by the Governor's Job Training Office, hereinafter referred to as GJTO, or the State, and Weld County, hereinafter referred to as the Contractor. WHEREAS, authority exists in the Job Training Partnership Act (JTPA) of 1982, also known as P.L. 97-570, as amended, and the Governor has received a grant of federal funds thereunder; and WHEREAS, the JTPA (Section 101[a][II], requires the designation of Service Delivery Areas (SDAs) by the Governor; and WHEREAS, Executive Order D0010 83 of March 15, 1983, has designated this SDA in accord with JTPA; and WHEREAS, required approval , clearance, and coordination have been accomplished from and with appropriate agencies; and WHEREAS, contract authority for Weld County resides in the Weld County Board of Commissioners; and WHEREAS, authority exists in the law and funds have been budgeted, appropriat- ed, and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 1001, G/L Account Number _, Contract Encumbrance Number ; and WHEREAS, the Contractor has selected the entity (or entities) which will be the SDA for funds from the state in accordance with Section 104(b) (1) of JTPA. NOW THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties enter into the following agreement: I. DEFINITIONS A list of definitions to be used in the interpretation of this Contract is attached hereto as Attachment 1, and by this reference is incorporat- ed herein. II. STATEMENT OF WORK The Contractor agrees to perform, in a professional and workmanlike man- ner, the obligations and responsibilities set forth in the allowable "Allowable Program", Section II.A of the Contract, Page 1 of 17 890395 A. Allowable Programs A.1 The Contractor and its SDA has prepared a two-year Job Training Plan (JTP) in accordance with Section 104 of JTPA (Exhibit A). The JTP has been modified to reflect actual funding and program- matic decisions prior to the beginning of the second year (Ex- hibit B). Both the Program Year 1990-1991 (PY 90-91) JTP and the PY 88 modifications are attached and are hereby incorporated and made part of the Contract by this reference. A.2 GJTO shall provide funds to the SDA for activities pursuant to the approved JTP referenced in Section I.A.1. A.3 In addition to the funds provided for the basic grant activities identified in the approved JTP, GJTO may provide funds to the Contractor for the following other activities: A.3.a Training programs for older individuals (those individuals 55 years or older) , (Section 202[b][2] of JTPA) ; A.3.b Technical assistance incentives for superior performance, and serving hard-to-serve individuals (Section 202[b][3] of JTPA) ; A.3.c Auditing, administrative, and other activities (Section 164 of JTPA) ; A.3.d Training program for dislocated workers (Section 301[b] of JTPA) ; A.3.e Services for small groups with special needs and exemp- lary models pursuant to joint agreements (Section 501[a] of JTPA) ; A.3.f Amendments and modifications of allocated funds provided to the Contractor pursuant to Section 202(a) of JTPA; and A.3.g Other funds for employment and training-related programs. A.4 GJTO shall provide funds for Summer Youth Employment and Training Programs in accorcdance with Section 251(b) of JTPA, if such ac- tivities are not originaly included in the JTP by the Contractor. B. Maximum Funding B.1 GJTO shall provide the Contractor an amount not to exceed Two Million, Eight Hundred Seventy-Eight Thousand, Twenty-Three Dol- lars ($2,878,023) of funds awarded to the State of Colorado for activities identified in Section II.A for the period of July 1, 1989 to June 30, 1992. Page 2 of 17 $90395 B.2 Funds authorized to be expended by the Contractor will be limited to authorized funding received from the Department of Labor or other sources. The authorization to spend funds may be provided to GJTO in increments. Therefore, GJTO shall limit the amount requested by the Contractor for each Expenditure Authorization (EA) to the amount in the GJTO Notice of Fund Availability. C. Expenditure Authorization Procedures C.1 Prior to the expenditure of any funds identified in Section I.B above, an EA must be submitted by the Contractor and approved by GJTO. C.2 An EA is a document prepared by the Contractor which shall in- clude the following: C.2.a Type of funds identified in Section I.A of this Contract which the Contractor is requesting; C.2.b The Scope of Work to be performed by the Contractor; C.2.c Period of Performance; C.2.d A budget or budgets submitted on forms provided by GJTO. A separate budget will be required for each type of funding re- ceived by the Contractor, such as, but not limited to, those pro- grams identified in Section II.A above. C.2.e Special Provisions; and C.2.f Signature page signed by the Private Industry Council (PIC) Chair, the SDA Director, and GJTO; if the total amount of the EA is One Hundred Thousand Dollars ($100,000) or less. The PIC may authorize the SDA Director to sign in lieu of the PIC Chair for EAs under One Hundred Thousand Dollars ($100,000) or less. If the EA is over One Hundred Thousand Dollars ($100,000) , the Local Elected Official must sign instead of the SDA Director. The Contractor must comply with its own internal signature process. Should the internal signature process be more restrictive than this provision, it will prevail . C.3 The Contractor may include EA provisions (C.1 and C.2) in its subcontracts, which are approved by GJTO, with a provision that GJTO shall be a third party beneficiary of such provisions. The Contractor shall be obligated to GJTO for the enforcement of such provisions. Page 3 of 17 890395 D. Modification Procedure for EA Budget The Contractor may modify the EA and its budget in accordance with GJTO policies and procedures with prior written approval of both PIC and GJTO. E. Equipment No equipment or property valued in excess of Five Hundred Dollars ($500) may be purchased without prior written approval of GJTO. In addition, this equipment or property must be incorporated in the Con- tractor inventory and submitted to GJTO pursuant to GJTO policies and procedures. F. Duration The JTP shall remain in full force and effect for the entire Contract period, unless changes in labor market conditions, funding, or other factors require substantial modifications as provided in Section 104(c) of JTPA. Such a modification would require an amendment to this Contract. G. Annual Report The Contractor shall submit an annual report by September 30, each year as required by JTPA Letter #86-18 (December 16, 1986) . The re- port shall include: G.1 A description of activities/services conducted during the program year for Title II-A, Title III, 8%, and 3% programs; G.2 A list of client characateristics and the number of each served; G.3 A list of occupations in which training took place and the number of participants in each. G.4 A summary of the SDA' s performance in meeting federal/state standards; G.5 Status of coordination agreements and description of innovative coordination taking place which would be of special interest to other SDAs, the Job Training Coordinating Council , and the Governor; G.6 An evaluation of service providers which include ability to meet performance goals, cost, quality of training, and characteristics of participants; and G.7 A summary of the Contractor's monitoring of subrecipient con- tracts, corrective actions taken, and the results of such cor- rective actions. Page 4 of 17 890395 H. Exhibits The terms and conditions contained in the PY 88-89 JTP are by this reference incorporated herein. Exhibit A, attached hereto, is incorporated and made a part hereof. Exhibit A - PY 89 JTP Modification III. PERIOD OF PERFORMANCE The period of performance shall be from July 1, 1989 to June 30, 1992. IV. GENERAL PROVISIONS The Contractor agrees to perform in accordance with, and to comply with, the General Provisions, attached to this Contract, and by this reference hereby incorporated into this Contract. V. SPECIAL PROVISIONS The Contractor agrees to perform in accordance with, and to comply with, the Special provisions attached to this Contract. VI. EQUAL EMPLOYMENT OPPORTUNITIES/AFFIRMATIVE ACTION A. Equal Employment Opportunity Requirements The Contractor shall insure Equal Employment Opportunities (EEO) to all individuals and shall take Affirmative Action (AA) to insure ade- quate utilization of members of protected classes of workers who have been victims of past discrimination. EEO shall mean that no individual shall be excluded from participa- tion in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in any program fund- ed under this section because of race, color, or national origin, age, handicap, or political affiliation or belief. Contractors shall be governed by the prohibitions against discrimina- tion 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 1976. Programs and activities funded under this Act are considered to be programs receiving Federal financial assistance and are all subject to all provisions of EEO. Page 5 of 17 890395 3/89 GENERAL PROVISIONS 1. LEGAL AUTHORITY The Contractor assures and guarantees that it possesses the legal auth— ority to enter into this Contract. Tne person or persons signing and executing this Contract on benalf of the Contractor go nereoy warrant and guarantee that they have been fully authorized by the Contractor to execute this Contract on behalf of tne Contractor. II. PAYMENT CONTINGENCY Tne parties hereto expressly recognize that the Contractor is to be paid, reimoursed or otherwise compensated with funds provided to GJTO by the United States Department of Labor under the Jop Training Partnership Act (JTPA) and/or the Economic Dislocation and Worker Adjustment Assist- ance Act (EDWAA). Therefore, the Contractor 'expressiy unoerstands and agrees that all its rights, demands and claims to compensation arising unoer this Contract are contingent upon receipt of such funds and upon GJTO continuing to receive such funds. If any part of the funds are not received by GJTO, for any reason, GJTO may unilaterally terminate this Contract, or, with the consent of the Contractor, modify tne terms here— of. Insofar as this contingency affects the Contractor, subrecipients or suppliers, for mutual protection of the parties, the Contractor agrees to include this contingency in all its subcontracts. III. TERMINATION The performance of work under this Contract may be terminated by GJTO in accordance with this clause in whole or in part. A. GJTO may terminate this Contract when it has been determined that the Contractor has failed to provide any or all of tne services specified or failed to comply with any Federal requirements or provisions con- tained within this Contract. GJTO will notify the Contractor of such unsatisfactory performance in writing. The Contractor has ten (10) working days, unless otherwise specified in the notice, after receipt in which to respond with a written plan acceptable to GJTO for cor- rection of deficiencies. If the Contractor does not respond within tne appointed time with appropriate plans, GJTO shall serve a term- ination notice on the Contractor. E. GJTO may terminate this Contract if it is determined that the Federal Government has debarred or suspended the Contractor within a three year period preceding this Contract, or debars tne Contractor during the term of this Contract. C. GJTO may request a termination of this Contract for convenience, giv- ing a thirty (3D) calendar day advance notice in writing of the ef- fective date of such a termination. The Contractor receiving notice shall be entitled to receive just and equitable compensation for any allowable services satisfactorily performed hereunder through the date of termination. 890395 Page 6 of 17 D. GJTO may request in writing, a termination of this Contract when both parties agree that continuation of the services specified in Section I , Statement of Work, would not produce beneficial results commensur— ate with the further expenditure of funds. E. After receipt of a notice of termination, the Contractor shall : E.i Stop work under the Contract on the date and to the extent speci- fied in the notice of termination. E.2 Place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such portion of the work under the Contract as is E.3 Terminate all orders and subcontracts to the extent that they re- late to the performance of the work terminated by the notice of termination. E.4 Assign to GJTO all of the rights, title and interest within the Contract. GJTO shall have the right, at its discretion, to set- tle or pay any or all claims arising out of the termination of this Contract. E.5 Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts in accordance with the provisions of this Contract. E.6 Transfer title of all Contract property to GJTO (to the extent that title has not already been transferred) and deliver in the manner and at a time specified by GJTO. E.7 Take such action as may be necessary or as may be directed, for the protection and preservation of the property related to this Contract which is in the possession of the Contractor and in which GJTO has or may acquire an interest. F. After receipt of a notice of termination, the Contractor receiving notice shall submit to GJTO its completed and acceptable closeout package in the form and with the certification prescribed by GJTO. Such closeout package shall be submitted promptly, but in no event, later than two (2) months from the effective date of termination, un- less one or more extensions in writing are granted by GJTO. G. The Contractor shall have the right to appeal any unilateral deter- mination to terminate in accordance with the JTPA. In any case, where GJTO has made a determination of the amount due, GJTO shall pay to the Contractor the following: G.1 If there is no right of appeal hereunder or if no timely appeal has been submitted, the amount so determined by GJTO; or G.2 If an appeal has been submitted, the amount finally determined on such appeal . Page 7 of 17 890395 H. GJTO may, from time to time, under such terms and conditions as it may prescribe, make partial payments on account against costs incur- red by the Contractor in connection with the terminated portion of the Contract whenever, in the opinion of GJTO, the aggregate of such payment shall be within the amount to which the Contractor will be entitled hereunder. IV. MANAGEMENT ACTIVITIES AND RECORD MAINTENANCE A. In addition to any requirements imposed elsewhere in this Contract, the Contractor shall ensure that sufficient, auditable and otherwise aoe— puate records that will provice accurate, current, separate and com— plete disclosure of the status of the funds received under the Contract are maintained for three (3) years or the completion and resolution of an audit. Such records shall be sufficient to allow the U.S. Depart- ment of Labor, firms conducting audits of JTPA funds and GJTO to audit and monitor the Contractor. Accordingly, recipients/subrecipients shall maintain a copy of the Par- ticipant Record which records any participant's participation in the JTPA program, including dates of entry and termination and shall retain such records at least a minimum of three years. The time necessary to resolve any litigation, audit or claim involving the grant or agreement covered by the records, which was initiated prior to the end of the three-year retention period does extend the retention period. B. The Contractor shall ensure that it will comply with the provisions of GJTO's Audit Policy. C. GJTO's Monitoring Unit and the U.S. Department of Labor, GJTO's audi- tors, and other representatives of GJTO shall , during business hours, have access to inspect and copy books, records, memoranda, correspon- dence, personnel staffing records, and any other documents, and shall be allowed to monitor and review through on-site visits, all program activities, personnel staff, services and programmatic and administra- tive practices, supported with funds under this Contract to ensure com- pliance with the terms of this Contract, and provisions of any subcon- tracts funded in whole or in part through this Contract. D. The Contractor shall review the findings of said Monitoring Unit or re- presentative and shall act promptly, as directed by GJTO, to remedy de- ficiencies noted in such findings. If corrective action is not taken and such deficiencies persist, GJTO may terminate this Contract. E. In the event that GJTO determines that the recordkeeping system of the Contractor does not comply with Federal guidelines, financial account- ing may be done by GJTO, or an accounting firm or bank approved by GJTO. The cost to GJTO of any work shall be deducted monthly from the funds allocated to the Contractor. Page 8 of 17 890395 V. SUBCONTRACTING The Contractor shall not subcontract the performance of any part of its duties under this Contract except in accordance with the terms of this Contract or with the prior written consent of GJTO approving the subcon— tractor. VI. PROPERTY MANAGEMENT A. The Contractor must submit a written request to GJTO prior to the purchase of any equipment with a unit cost of Five Hundred Dollars ($500) or more. Upon receipt of GJTO' s written approval , the Con- tractor may proceed with the purchase, and submit a New Equipment Notification Form to GJTO. GJTD shall retain title to all equipment, in excess of Five Hundred Dollars (5500) , purchased by the Contrac- tor, and, therefore, prior written approval is needed before disposi- tion of equipment purchased by the Contractor with funds from GJTO. The Contractor shall comply with GJTO's property management proced- ures and all relevant JTPA letters. B. The Contractor ensures that it will maintain proper inventory control over all equipment purchased with JTPA funds. VII. ASSIGNMENT The Contractor shall not assign this Contract to third parties without prior written consent of GJTO approving both the assignment and the assignee. VIII. 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, such in— validity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term. IX. CHANGES IN STATEMENT OF WORK A. Modification by Operation of Law This Contract is subject to such modification as may be required by changes in federal or state law or regulations. Any such required modification shall be incorporated into and be part of this Contract as if fully set forth herein. Page 9 of 17 890395 B. Programmatic Modifications The Contractor shall follow the revision procedures set forth by GJTO. E.1 The Contractor must submit a written reouest to GJTO and obtain prior written approval for changes to the Statement of Work the objective of the Contract, or dollar amount changes in Line Items. B.2 In addition to the foregoing procedure, prior approval for such changes must be authorized by the State in an amendment to this Contract properly executed and approved in accordance with appli— cable law under the following circumstances: E.2.a When an increase or decrease of Contract total is desired; and B.2.b When the Statement of Work or the obj.ective of the Contract changes substantially, as determined by GJTO. Under such circumstances, GJTO's approval is not binding until the Contract amendment is executed. X. PROGRAM INCOME _ --- If program income is generated under this Contract, an agreement provid- ing for the use of such income subsequent to termination of this Con- tract is required, prior to the expenditure of such funds. XI. INTEGRATION OF UNDERSTANDINGS This agreement is intended as the complete integration of all under— standings between the parties. No prior or current addition, deletion, or other amendment shall have any force or effect whatsoever, unless em— bodied herein in writing. No subsequent novation, renewal , addition, deletion, or other amenoment hereto shall have any force or effect un— less embodied in a writing that is executed and approved pursuant to the State Fiscal Rules and other applicable statutes and regulations. XII. ASSURANCES A. The Contractor assures that it will fully comply with the JTPA, regu- lations promulgated, and all other applicable federal and state laws, rules and regulations. B. The Contractor assures that in operating programs funded under the Act, it agrees to comply with all GJTO issuances and directives, such as JTPA letters. Page 10 of 17 890395 C. The Contractor assures that it will administer its programs under the JTPA in full compliance with safeguards against fraud and abuse as set forth in JTPA and the JTPA regulations. D. The Contractor agrees to abide by the provisions of Section 144 of the JTPA which concerns grievance procedures. Further, the Contrac- tor agrees to follow Federal Regulations governing grievance resolu- tion of all complaints, including those cased on handicap, but ex- cluding complaints alleging discrimination. All discrimination com- plaints except those based on handicap must be filed initially at the U.S. Directorate of Civil Rights. Finally, the Contractor also agrees to follow all pertinent Governor's policy issuances concerning grievance procedures. E. No funds may be used to assist in relocating establishments, or parts thereof, from one area to another unless the Secretary determines that such relocation will not result in an increase in unemployment in the area of original location or in any other area [JTPA, Section 141(c)]. F. The Contractor assures and certifies that in administering programs under JTPA: F.1 It will comply with the provisions of the Uniform Relocation As- sistance and Real Property Acquisition Act of 1970 (P.L. 91-646)which requires fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. F.2 It will comply with the provisions of the Hatch Act, where appli- cable, which limit the political activity of certain State and local government employees. F.3 For grant, subgrants, contract, and subcontracts in excess of One Hundred Thousand Dollars ($100,000) , or where the grant officer has determined that orders under an indefinite quantity contract or subcontract in any year will exceed One Hundred Thousand Dol- lars ($100,000) , or if a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857-8) (c) (1) or the Federal Water Pollution Control Act [33 U.S.°. 1319 (C)] and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt, the grantee assures that: F.3.a No facility to be utilized in the performance of the pro- posed grant has been listed on the EPA list of Violating Facilities; r .3.b It will notify the Regional Administrator, prior to award, of the receipt of any communication from the Director, Of- fice of Federal Activities, U.S. Environmental Protection Agency, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA of Violating Facilities; and lis` Page 11 of 17 890395 F.3.c It will include substantially this assurance, including this third part, in every non-exempt subgrant, contract or subcontract. F.4 It will comply with appropriate labor standards as set forth in Section 143 of the JTPA (20 CFR 629.22 and 629.33) ; F.5 All grievances concerning the conduct of the Contractor shall follow the grievance procedures set forth in 20 CPR 629.51 et sec; F.6 It will comply with the Child Labor laws; F.7 It will comply with the Safety Standards of Occupational Safety and Health Act (OSHA) ; F.8 It will comply with the Davis Bacon Act; F.9 It will comply with the Wagner—Peyser Act; F.10 It will comply with Part C of Title IV of the Social Security Act; F.11 It will comply with the Military Selective Services Act; F.12 It will comply with Section 665, Title 18, United States Code; F.13 It will comply with the Fair Labor Standards Act of 1938; F.14 It will comply with the Colorado Revised Statutes Section 18-8-301 C.R.S. , as amended (Bribery and Corrupt Influence) ; F.15 It will comply with Colorado Revised Statutes Section 18-8-401-408 C.R.S, as amended (Abuse of Public Office) ; and F.16 It will comply with all state procurement regulations where ap- propriate. G. The Contractor assures that it will comply with bonding and insurance requirement as follows: G.1 Upon written request to the Contractor being made by the State, the Contractor shall maintain during the life of the Contract Bodily Injury and Property Damage insurance, acceptable to the State covering the services hereunder and all operations in con- nection herewith, and whenever any of the services covered in the Contract is to be subcontracted, the Contractor shall obtain in- surance coverage acceptable to the State, such as Contractor's Contingent or Protective Liability and Property Damage insurance, to protect its interest and those of the State, if any. Page 12 of 17 590395 0.2 Whenever the work covered by the Contract shall involve the use of vehicular equipment, the Contractor shall maintain during the life of the Contract, Automotive Bodily Injury and Property Dam- age Insurance for business use with limits not less than One Hun- cred and Fifty Thousand Dollars ($150,000) personal liability to any one person in any one accicent, Four Hundred Thousand Dollars ($400,000) for an injury to two or more persons in any single oc- currence, and Four Hundred Thousand Dollars ($400,000) for prop- erty damage to protect the Contractor from any and all claims arising from the use of the following in the execution of the services included in the Contract: G.2.a Contractor's own vehicles; G.2.b Hired vehicles ; and, G.2.c Vehicles not -owned by the Contractor. 0.2.d The State shall not be in the policy as a named insured. 0.3 Upon written request to the Contractor being made by the State, the Contractor shall maintain during the life of this Contract, Physical Damage or Loss Insurance protecting against loss caused by the perils of fire, smoke, theft, burglary, vandalism, and storm acceptable to the State, covering the services hereunder and all operations, equipment and materials furnished or used in connection therewith. The cash bond in an amount to be deter- mined by the State may be given to meet this requirement as re- gards State property. G.4 Excepting the Insurance required by Paragraph 0.2 above, one cer— tified copy of the foregoing policies and three copies of a cer— tificate evidencing the existence thereof shall be delivered to the State within 20 days of such written request being made by the State. Certified copies of the policies required by said Paragraph G.2 and three copies of the certificates evidencing the existence thereof shall be delivered to the State before use of vehicular equipment is undertaken, as described in said Paragraph 0.2. Each copy and certificate must bear the following special endorsement by the agent of the proposed insurance carrier: "This policy shall not be altered, materially changed or cancel— led without giving 15 days prior written notice, by certified mail , to GJTO. 0.5 A valid receipt showing payment or obligation for the payment of the premium for all such insurance, excepting the insurance re— ouired by said Paragraph 0.2, shall be submitted to the State by the Contractor when it provides the insurance documentation to the State for acknowledgement of receipt and adequacy by the proper State officials. Receipts showing payment or obligation, for the payment of the premium for the insurance required by said Paragraph 0.2 shall be submitted to the State with the policies and certificates to which the receipts refer before use of the vehicular equipment involved is undertaken by the Contractor. Page 13 of 17 890395 H. Tne Contractor sures that it, and its subcontic:`ors, shall comply with the korkmcn's Compensation compensation Act of Coloraco and shall and ion insurance to protect the Contr , r:tors the State from and againstactor, s suCoopensction claims arising from performance of services and all Worker's rte State Compensation snail be furnished, prior cheer the Contract.bi unoer- takenTne by to any service the Contractor, 3 copiesof nereunaer being evioencing sucn insurance to the certificate or certificates De in effect. ` I. The Contractor assures that prior to the initial disbursement of funds to the Contractor it shall ensure that every offices director, receiagent, or employee authorized to act on behalf of the Contractor in ving or ❑epositing tunes into program accounts; or in issuing financial documents, checks, or other instruments of payment for pro- gram costs shall obtain a ficelit loss. The coverage shall be: y bond to provide protection against I.1 One Hundred Thousand Dollars (S100,000) ; or 1. 2 an amount ecual to the highest amount received from GJTO, which— ever is greater. • If th e fidelity bond of any employee of the Contractor is cancelled or coverage is substantially reduced, the Contractor snail notify CJTO and GJTO shall not disburse any funds thereafter until Gilt re- ceives and acknowledges assurance from the Contractor that adeouate insurance coverage had been obtained. • ` 3. The Contractor assures that every reasonable course taken by the Contractor to maintain so of is action x edit be e of public funds the integrity u this expen r i - and to avoid any favoritism or questionable or im- proper conduct. The contract will be administered in an impartial manner, free from personnel financial , or Political Cain. The Con- tractor, e its executive staff and employees in i Contract, will avoid situations which give rise t as s uc es io this any decision was influenced by prejudie, bias,ias_ special interest,ttien that personal gain. special or K. The ti=Contractor assures and certifies` -� � that it and its principals: K_1 Are not presently debarred, suspended,declared ineligible, or voluntarily proposed for debarment, trans- actions by any federal department o nc from covered ag_ncy; K.2 Have not, within a three-year period preceding this Contract, been convicted of or had a civil judgment rendered against them foralo issioneofyfraud or a criminal offense in connection with g, attempting to obtain, or performing a public (federal , state, or local ) transaction or contract unDer a public transac- tion; violation of federal or state antitrust statute sion of` embezzlement, theft, forger e s or c_c O1Rni_ o_struction of records, making false bribery, falsification or Stolen property; statements, or receiving - r_c_ivinD Page 14 of 17 890395 K.3 Are not presently indicted for or otherwise criminally or civilly charoed by a government entity (federal , state, or local ) with commission of any of the offenses enumerated in paragraph (K2) of this certification; and K.4 Have not within a three-year period preceding this Contract, had one or more public transactions (federal , state, or local ) ter- minated for cause or default. Where the Contractor is unable to certify to any of the state- ments in this certification, such Contractor shall attach an ex- planation to this proposal . Page 15 of 17 890395 Form 6-AC-02B SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract 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.This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building, road,bridge,viaduct,tunnel,excavation or other public works for this State,the contractor shall,before entering the performance of any such work included in this contract,duly execute and deliver to and file with the official whose signature appears below for the State,a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract.Such bond shall be duly executed by a qualified corporate surety,conditioned for the due and faithful performance of the contract,and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any labor,materials,team hire,sustenance,provisions,provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per annum.Unless such bond,when so required,is executed,delivered and filed,no claim in favor of the contractor arising under this contract shall be audited,allowed or paid.A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond.This provision is in compliance with 38-26-106 CRS, as amended. INDEMNIFICATION 4. To the extent authorized by law,the contractor shall indemnify,save and hold harmless the State,its employees and agents,against any and all claims, damages,liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor,or its employees, agents, subcontractors,or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,as amended,and other applicable law respecting discrimination and unfair employment practices(24-34-402.CRS 1982 Replacement Vol.),and as required by Executive Order,Equal Opportunity and Affirma- tive Action,dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts. During the performance of this contract,the contractor agrees as follows: (I) The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin,sex,marital status, religion,ancestry,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants are employed,and that employees are treated during employment,without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following:employment, upgrading,demotion,or transfer,recruitment or recruitment advertising;lay-offs or terminations;rates of pay or other forms of compensation;and selection for training,including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be pro- vided by the contracting officer setting forth provisions of this non-discrimination clause. (2) The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contractor understand- ing,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action,dated April 16, 1975,and of the rules,regulations, and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books,records,and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity,because of race,creed,color, sex, national origin, or ancestry. (6) A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be dis- criminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder;or attempt either directly or indirectly, to commit any act defined in this contract to be discriminatory. 395-53-01-1022 Revised I/88 page 16 of 17 pages Deio.isoaa-Ss 890395 Form 6-AC-02C (7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contractor or with any of such rules,regulations,or orders,this contract may be cancelled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures,authorized in Executive Order,Equal Opportunity and Aflinnative Action of April 16,1975 and the rules,regulations,or orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (8) The contractor will include the provisions of paragraph(I)through(8)in every sub-contract and subcontractor purchase order unless exempted by rules, regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16,1975,so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct,as a means of enforcing such provisions,including sanctions for non-compliance;provided,however,that in the event the contractor becomes involved in,or is threatened with,litigation with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a. Provisions of 8-17-101&102,CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereun- der and are financed in whole or in part by State funds. b. When construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is deter- mined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be avail- able or would otherwise be inconsistent with requirements of federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements (section 8-19-101 and 102, CRS). GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution and enforcement of this contract.Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws,rules and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,defense or otherwise.Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times during the performance of this Contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules and regulations that have been or may hereafter be established. 9. The signatories hereto aver that they are familiar with 18-8-301,et.seq.,(Bribery and Corrupt Influences)and 18-8-401,et.seq.,(Abuse of Public Office), CRS 1978 Replacement Vol., and that no violation of such provisions is present. 10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written Contractor: Board of County Commissioners (Full Legal Name) Weld County STATE et' OL\,D. By: ��j''f'x.(..c . OY ' • E ' , e0 '5 OR C. W. Kirby, Chia'rman \ � •5 EXEC DI•. CTO Position(Title) Leslie S. Fra ' 'ii n Social Security Number or Federal I.D.Number DEPARTMENT OF (If Corporati :) Governor' s Job Training Oftice Attest (Seal) hti 2J Corporate Secretary,or Equivale ,Town/City/County Clerk APPROVALS ATTORNEY GENERAL CONTROLLER By By VERIFIED INFORMATION COPY es :,o two copies o this contract have beer. signed by all State officials required by law o co racts. Page 17 which is the last of 17pages 395-53-01-1030(Revised 1/88) *See instructions on reverse side. DC-10-2305a-88 89039s Attachment 1 DEFINITIONS 1. APPLICANT (AN INDIVIDUAL) - An individual who applies to a JTPA Service Delivery Area (SDA) Grant Recipient or subrecipient for employment, training and/or ser- vices provided under JTPA. An applicant found to be eligible for the program re- mains an applicant until the provisions for "participant" have been met. If the applicant becomes a participant, this information becomes part o` the Participant record and subject to Federal record retention requirements. (See Participant. ) 2. CERTIFICATION - The signature of the applicant must be obtained from the appli- cant attesting that the information on the application is true to the best of the applicant's knowledge and there is no intent to commit fraud. The signature should acknowledge that the information on the application will be used to deter- mine eligibility, that the applicant may be required to document the accuracy of the information and that the information is subject to external verification and follow-up information and may be released for such purposes. The signature should also acknowledge that, if found ineligible subsequent to enrollment, the applicant will be terminated. If the applicant is terminated as a result of fal- sifying information on the application, he/she may also be prosecuted for fraud. In the case of a minor (except minors who are heads of households) , the signature of a parent, guardian, or other responsible adult is required. 3. CERTIFICATION - EDWAA - A document provided by an SDA to an eligible dislocated worker verifying their status and authorizing continuing eligibility for a period not to exceed 104 weeks. 4. CITIZENSHIP - Designation of an applicant as a citizen of the United States or a lawfully-admitted permanent resident alien, lawfully-admitted refugee or parolee, and other individuals authorized by the Attorney General to work in the United States. If the applicant indicates that he/she is not a citizen or an "eligible noncitizen," the applicant is ineligible for JTPA. 5. COMPLETION OF TRAINING - The participant has met or achieved the minimum pre- scribed period of training, as described in the training agreement in accordance with the Scope of Work of this Contract, and has attained the minimum level of performance or skill associated with the training activity. Completion of training also includes the attainment of one or more youth compe- tencies. One reimbursement for "completion of training" for each participant is allowable. The maximum number of participants to be reimbursed for "completion of training" which appears in 'the Schedule of Reimbursement cannot be exceeded. 6. CONTRACT - A procurement instrument by which GJTO, an SDA grant recipient, or a subrecipient pays for property, services, supplies, materials or equipment. 7. CONTRACTOR - Any person, corporation, partnership, public agency, or other entity which enters into a contract with the Governor's Job Training Office, an SDA grant recipient or a subrecipient under the Act. 8. ECONOMICALLY DISADVANTAGED - An applicant is considered to be economically dis- advantaged if he/she meets one of the following: Page 1 of 5 890395 A. Families Receiving Public Assistance/AFDC - The applicant or the applicant' s family and household received income or payments were made on behalf of the individual or the individual ' s household by the state pursuant to the State of Colorado approved Title IV SSA State Plan. B. Families Receiving General Assistance - The applicant or the applicant' s family is receiving state or local government cash assistance. C. Families Receiving Refugee Assistance - The applicant or the applicant' s family is receiving income or money payments under the Refugee Assistance Act of 1980 (Public Law 96-212) . D. Families Receiving Public Assistance - SSI - The applicant or the applicant' s family is receiving supplemental income or money payments pursuant to the Social Security Income for the Aged, Blind and Disabled) . E. Annual Family Income Does Not Exceed OMB Poverty Level or 70 Percent of the Lower Living Income Level - The applicant is a member of a family which had an annual family income, in relation to family size and location, that did not exceed either (1) the most recently established poverty levels determined in accordance with criteria established by the office of Management and Budget (OMB) or, (2) 70 percent of the lower living standard income level , whichever is greater. F. Food Stamp Recipient - The applicant is receiving food stamps pursuant to the Food Stamp Act of 1977. G. Foster Child - The applicant is a child on whose behalf state or local govern- ment payments are eligible to be made to foster homes or other agencies pro- viding 24-hour care. This term also includes children who are reviewed pur- suant to Senate Bill 26. H. Adult Handicapped Individual - The applicant is an adult handicapped individu- al whose own income would meet the requirements for inclusion in one of the above items. I. Youth Handicapped Individual - May be considered a nondependent individual if the applicant is 14 or older and living with his/her family and receiving assistance from a state funded (see definition of state-funded program) pro- gram, and not one of the parents of the family. 9. EMPLOYED - An individual who, during the 7 consecutive days prior to application to a JTPA program, did any work at all : o As a paid employee; o Has his or her own business, profession or farm; or o Worked 15 hours or more as an unpaid worker in an enterprise operated by a mem- ber of the family; and any individual who was not working, but has a job or business from which he or she was temporarily absent because of illness, bad weather, vacation, labor-management dispute where the position has not been re- filled by management, or personal reasons, whether or not paid by the employer for time off, and whether or not seeking another job. (This term includes mem- bers of the Armed Forces on active duty, who have been discharged or separated; participants in registered apprenticeship programs; and self-employed individu- als) . 10. ENTERED TRAINING - The point of time at which a participant enters into any training activity allowable under the terms of the contract. Page 2 of 5 890395 11. FAMILY INCOME - The amount and source of all reportable family income for the prior 6 months; this is the total annualized family income when multiplied by two. The income of a spouse and/or other family members shall only be counted for that portion of the income determination period that the person was actually a part of the family unit of the applicant. NOTE: For applicants who report an absence of income or other means of support, for the income determination period, have the applicant describe his/her specific circumstances. This may be done directly on the application in the space pro- vided. INCLUSIONS IN FAMILY INCOME: Gross Wages and Salary - The total money earnings received from work performed as an employee. It represents the amount paid before deductions for income taxes, social security taxes, bond purchases, union dues, etc. Net Self—Employment Income - Net income (gross receipts minus operating expenses) from a business firm, farm, or other enterprise in which a person is engaged on his/her own account. Other Money Income — Money received from sources such as net rents, pensions, alimony, governmental retirement payments, Armed Forces retirement payments (other than compensation for disability or death, per Title 38, U.S.C. , Chapter 11) , income from insurance policy annuities, and other sources of income not in- cluded here. If a family's only source of income was from wages and salary payments, family income would be equal to gross wages and salary received. EXCLUSIONS FROM FAMILY INCOME: A. Non-cash income, such as food stamps, or compensation received in the form of food or housing. B. Rental value of owner-occupied property. C. Public assistance payments. D. Cash payments received pursuant to a state plan approved under Title II , IV, X, or XVI of the Social Security Act of disability insurance payments received under Title II , Section 423, of the Social Security Act or under Old Age and Survivors Insurance (OASI) . E. Federal , State, or local unemployment benefits. F. Payments made to participants in employment and training programs. G. Capital gains and losses. H. One-time unearned income, such as, but not limited to: o Payment received for a limited fixed term under income maintenance programs and supplemental (private) unemployment benefit plans. o One-time or fixed-term scholarship and fellowship grants. o Accident, health, and casualty insurance proceeds. o Disability and death payments, including fixed-term (but not lifetime) life insurance annuities and death benefits. o One-time awards and gifts. o Inheritances, including fixed-term annuities. o Fixed-term worker' s compensations awards. o Terminal leave pay. o Soil bank payments. o Agriculture crop stabilization payments. Page 3 of 5 590395 I. Pay or allowanc previously received by any ve an while serving on active duty in the Armed Forces (U.S.). Also, exclude payments received for partici- pation in National Guard or military, naval , or air force reserve activities and VISTA stipends. J. Educational assistance and compensation payments to veterans and other eligible persons under Title 38, United States Code, Chapters 11, Compensation for Service-Connected Disability or Death; 13, Dependence and Indemnity Com- pensation for Service-Connected Death; 31, Vocational Rehabilitation; 34, Veterans' Education Assistance; 35, War Orphans' and Widows' Educational Assistance; and 36, Administration of Educational Benefits. K. Payments received under the Trade Act of 1974. L. Black Lung payments received under the Benefits Reform Act of 1977 (PL 5-239, 30 USC 901) . M. Child support payments. 12. HANDICAPPED INDIVIDUAL - An individual who has a physical or mental disability which for such individual constitutes or results in a substantial handicap to employment, excluding substance abuse. Refer to Economically Disadvantaged section for eligibility guidelines. 13. OLDER WORKER - A person who is 55 years or older, and is economically disadvantaged, may be considered a family of one for purposes of eligibility determination. 14. PARTICIPANT - Any individual who has: A. Been determined eligible for participation upon intake; and B. Enrolled in an activity. 15. PLACEMENT - The act of securing unsubsidized employment for or by a participant, as a paid employee of any legally authorized business, industry or enterprise including non-profit organizations. Paid employee means one who is carried on the employer' s payroll/personnel records, is self-employed, is entered into a registered apprenticeship program or the Armed Forces. 16. SELECTIVE SERVICE REGISTRANT - If the applicant is a male citizen of the U.S. or other male person residing in the U.S. , who was born on or after January 1 , 1960, and is between the age of 18 and 26, he must register. An applicant who is not registered will be ineligible for JTPA funded services until he has done so. 17. TRAINING - Activities which enable a participant to acquire the skills, abili- ties, knowledge, work habits, and/or procedures needed to obtain or enhance his/ her employment. 18. DISLOCATED WORKER - To be eligible for service under JTPA Title III , an individual must meet all of 'the following general criteria and at least one of the specific criteria listed thereafter: A. General Criteria o Citizens or Nationals of the U.S. or otherwise permitted by the U.S. Attorney General to work in the U.S. ; o Males born after January 1 , 1960, who are between the ages of 18 through 26 must be registered with Selective Service; o Have a verifiable address but not necessarily residing in the state or Service Delivery Area (SDA) to which he/she is applying. Page 4 of 5 890395 B. Specific Criteria The applicant must: o Have been terminated, laid off, or received notice of termination/layoff from employment; and be eligible for or have exhausted his/her entitlement to unemployment compensation or equivalent separation compensation; and be unlikely to return to previous/primary industry or occupation. o Be terminated or notified of termination as a result of any permanent clos- ure of a plant or facility, or enterprise; or o Are long-term unemployed (15 weeks or more) and have limited opportunities for employment or reemployment in the same or a similar occupation in the area in which such individuals reside, including older individuals who may have substantial barriers to employment by reason of age; a person in this category may have been involuntarily unemployed for 15 weeks or more, or have been employed in "stop-gap" employment (i .e. , substantially below pre- vious wage or skill level ) ; and have limited opportunities for employment in the area in their primary occupation; or o Having been self-employed (including farmers and ranchers) and are unem- ployed as a result of general economic conditions in the community in which they reside or because of natural disasters, subject to regulations pre- scribed by the Secretary. o Are displaced homemakers who have not worked outside the home for a substan- tial number of years, who were supported by another family member and are no longer receiving that support. Displaced homemakers who are not JTPA, Title II eligible, may be served under EDWAA 10% funds. 890395 Page 5of5 Hello