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Home My WebLink About890365.tiff AV,1 :71mEmoRAnDum C. W. Kirby, Chairman Ell a To Board of County Commissioners April 24, 1989 Date COLORADO From Walter J. Speckman , Executive Director, Human Resources 16'4u.. 1989 Summer Job Hunt Contract Subject: Enclosed for Board approval is a contract between the Colorado Division of Labor and Employment and the Employment Services of Weld County. The contract provides for funding of $12,037 for a period beginning April 10, 1989 through August 15, 1989, so Employment Services may operate the Summer Job Hunt Program. The Summer Job Hunt Program is expected to place 565 youth in employment, provide workshops to 200 youth, and provide other appropriate activities. If you have any questions, please telephone me at 353-0540. �� _ 899365 Department or Agency No. 300200 Contract Routing No. "-229 : Wald County Summer Job Ht a This is a legal document, if not understood, legal counsel should be consulted before signing. CONTRACT THIS CONTRACT, is made this 10th day of April, 1989, by and between: The Board of County Commissioners THE.STATE OF COLORADO of Weld County Department of Labor and Employment P.O. Box 758 and 600 Grant Street Greeley, CO 80632 Denver, CO 80203-3528 (Contractor) (State) WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 1001, G/L Account Number , Contract Encumbrance Number ; and WHEREAS, required approval, clearance and coordination has been accomplished front and with appropriate agencies; and WHEREAS, any monies expended by the State, for services rendered pursuant :o this Contract, are attributable to Project Code 321 and A131_ 71 04 111; and WHEREAS, the Contractor is a sole source entity for the delivery of employment services in Weld County, pursuant to the parties previous contract (DOLE #88-2, AC 8S-2); and WHEREAS, the Governor's Summer Job Hunt is a special summer program designed to assist young people, ages 16 through 21, to obtain summer employment; and NOW THEREFORE, it is hereby agreed that 1 . TERM: This Contract shall be effective on April 10th through August 30, 1989. 2. The Contractor shall establish within Weld County a Summer Job Hunt Office and provide the following services: A. Reception services and acceptance of applications; B. Assistance in completing applications; C. Common Assessment and appraisal of each applicant including the determination of the appropriateness of subsidized vs. non—subsidized job referral for each applicant, as well as a determination of services needed by the client and arrangements for such services as available; D. Select and refer, where appropriate, qualified youth applicants for available job vacancies (subsidized and non—subsidized) in Weld County; E. Follow up with each job referral and verify actual placement or the lack of placement for each referral; 258SF Page 1 of 8 Pages 890365 F. Work with other local cooperating agencies in planning and implementing an employer relations and employer contact program to develop jobs for participants in the Summer Job Hunt Program; G. Accept Job Orders provided by the Colorado Alliance of Business according to the pre-arranged procedures. The Employer Relations Unit of the Contractor shall be responsible for all employer relations. The ES-514A Job Order Form shall be used for job orders. H. Follow the procedures as outlined in the State's Summer Job Hunt 1987 manual, incorporated hereto by reference. I. Utilize the concept of "Youth Helping Youth" to operate a "labor exchange" program. The Contractor shall assign staff members to operate the Summer Job Hunt and Summer Youth Employment and Training programs. J. Abide by the State's Code of Ethics, Gratuity and Credit for Placement Policy and Confidentiality of Records Policy, incorporated hereto by reference. K. Refer youth to Job Search Skills training whenever such wor :s:hoos are available. L. Provide counseling services or referral to existing counselia ;encices within Weld County as needed by Sumpter Job Hunt Program applicants. M. Explore and make available opportunities for work experience to qualified Summer Job Hunt program applicants. 3. The Contractor shall perform the services outlined in paragraph 2 to sz:isfy the following performance standards. A. Place 565 youth in unsubsidized employment. B. Provide workshops to 200 youth. C. Identify 100 obtained employments. 4. The Contractor shall invoice the State for costs incurred in performance of this " Contract. The invoice should detail each cost by source (supplies, rent, personnel, etc.) and amount. Invoices shall be sent to: Department of Labor and Employment, Controller's Office, 600 Grant Street, Suite 800, Denver, CO 80203-3528, ATTN: Invoice for Contract 88-229, Weld County Summer Job Hunt, Enclosed. 2585F Page 2 of 8 Pages 890365 • 5. The State shall , upon receipt of proper invoice and verification of services performed, reimburse the Contractor for costs incurred in the performance of this IContract. Under no circumstances shall the State's obligation to reimburse the Contractor, or payment, thereof, exceed Twelve Thousand, Thirty Seven and 00/100 Dollars ($12,037.00). 6. GENERAL PROVISIONS • A. LEGAL AUTHORITY: The Contractor warrants that it possesses the legal authority to enter into this Contract. The person or persons signing this Contract on behalf of the Contractor also warrants that they have full authorization to execute this contract. B. FEDERAL FUNDING: Payment pursuant to this Contract, if in Federal funds, whether in whole or in part, is subject to and contingent upon the continuing availability of the federal funds for the purposes hereof. In the event that said funds, or any part thereof, become unavailable as determined by the State, the State may immediately terminate this Contract. C. PARTIES' RELATIONSHIP: The parties of this Contract intend that the - relationship between them contemplated by this Contract is that of employer-independent contractor. No employee, agent, or servant of Contractor shall be or shall be deemed to be an employee, agent, or servant of the State. D. COMPENSATION: Unless otherwise provided: (I) The State shall establish billing procedures and reimburse the Contractor for actual, reasonable and necessary expenses incurred in providing services pursuant to this Contract, based on the submission of monthly itemized expenditure statements. t (2) Payments pursuant to this Contract shall be made as earned, in whole or in part, from available State funds encumbered for the purchase of the described services. The liability of the State, at any time, for such payments shall be limited to the amount of such encumbered funds remaining. (3) In the event this Contract is terminated, final payment to the Contractor may be withheld at the discretion of the State until the State tenders final acceptance of the Contractor's performance or completion of a final audit by the State. (4) Incorrect payments to the Contractor due to omission, error, fraud, or defalcation shall be recovered from the Contractor either by the Contractor reimbursing the State or by deduction from subsequent payments under this Contract or other contracts between the State and the Contractor, or by the State as a debt due to the State. E. CONFIDENTIALITY OF RECORDS: Unless otherwise provided: (1) In the event the Contractor shall obtain access to any records or files of the State in connection with, or during the performance of, this Contract, the Contractor shall keep such records and information confidential and shall comply with all laws and regulations concerning the confidentiality of such records to the same extent as such laws and regulations apply to the State. 2S85F Page 3 of 8 Pages 890365 (2) If the contract is subject to the Colorado Employment Security Act (CESA), then the Contractor shall be considered an agent of the State only for the purposes of the confidentiality requirements of CESA, and agrees to be bound by all confidentiality requirements of CESA. (3) Contractor agrees to notify and advise in writing, all employees, agents, consultants, licensees, or sub-contractors of the said requirements of confidentiality and of possible penalties and fines imposed by violation thereof, and secure from each an acknowledgment of such advisement and agreement to be bound by the terms of this agreement as an employee, agent, consultant, licensee or sub-contractor of the Contractor, as the case may be. (4) Any breach of confidentiality by the Contractor or third party agents of the Contractor shall constitute good cause for the State to cancel this Contract, without liability; any and all information delivered to the Contractor shall be returned to the State. (5) Any State waiver of an alleged breach of confidentiality by the Contractor or third party agents of the Contractor is not to imply a waiver of any subsequent breach. F. OWNERSHIP OF MATERIALS AND INFORMATION: Unless otherwise provided, the Contractor agrees that all material, information, data, computer software, documentation, studies, and evaluations produced in the performance of this Contract is the soie property of the State. G. REPORTING: Unless otherwise provided, and regarding Contracts with terms longer than three (3) months, the Contractor shall submit a written program report specifying progress made for each activity identified in the Contractor's duties and obligations, regarding the performance of the Contract. Such written analysis shall be in accordance with the procedures developed and prescribed by the State. The preparation of reports in a timely manner shall be the responsibility of the Contractor and failure to comply may result in delay of payment of funds or termination of the Contract. Required reports shall be submitted to the State not later than the end of each calendar quarter, or at such time as otherwise specified. H. RECORDS: Unless otherwise provided: (1) The Contractor shall maintain a complete file of all records, documents, communications, and other materials which pertain to the operation of programs or the delivery of services under this Contract. Such materials shall be sufficient to properly reflect all direct and indirect costs of labor, materials, equipment, supplies, and services, and other costs of whatever nature for which a contract payment was made. These records shall be maintained according to generally accepted accounting principles and shall be easily separable from other Contractor records. (2) All such records, documents, communications, and other materials shall be the property of the State and shall be maintained by the Contractor, in a central location and custodian, on behalf of the State, for a period of three (3) years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters pending (including audits performed by the federal government). 2585F Page 4 of 8 Pages 890365 I. PERFORMANCE MONITORING: Unless otherwise provided: (I) Contractor shall permit the State, the U.S. Department of Labor, or any other duly authorized agent or governmental agency, to monitor all activities conducted by the Contractor pursuant to the terms of this Contract. Such monitoring may consist of internal evaluation procedures, examination of program data, special analyses, on-site checking, formal audit examinations, or any other reasonable procedures. All such monitoring shall be performed in a manner that shall not unduly interfere with contract work. (2) The Contractor authorizes the State to perform audits or inspections of its records at any reasonable time during the term of this Contract and for a period of three (3) years following the termination of this Contract. J. REMEDIES: In addition to other specified remedial actions, the Executive Director of the State or his designee may exercise the following remedial actions should he find the Contractor substantially failed to satisfy or perform the duties and obligations in this Contract. Substantial failure to satisfy the duties and obligations shall be defined to mean insufficient, incorrect, improper activities or inaction by Contractor. These remedial actions are as follows: (I) Withhold payment to Contractor until the necessary services or corrections in performance are satisfactorily completed; (2) Request the removal from work on the Contract of employee of Contractor whom the Executive Director or designee justifies as being incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued employment on the contract he deems to be contrary to the public interest or not in the best interest of the State; (3) Deny payment for those services or obligations which have not been performed and which due to circumstances caused by Contractor cannot be performed or if performed would be of no value to the State. Denial of the amount of payment must be reasonably related to the amount of work or performance lost to the State; or (4) Terminate the Contract immediately without the required notice and without compensation for termination costs. K. NON-ASSIGNABILITY: Unless otherwise provided, the duties and obligations of the Contractor cannot be assigned, delegated, nor subcontracted except . with the express written consent of the State. Subcontracts permitted by the State shall be subject to the requirements of this Contract, and the contractor is responsible for the performance of any subcontract. In addition, except as otherwise provided, this Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. L. LITIGATION: Unless otherwise provided, the Contractor shall notify the State, within five (5) days after being served with a summons, complaint, or other pleading in a case which involves services provided under this contract and which has been filed in any Federal or State court or administrative agency, and shall deliver copies of such document to the State. 2585F Page 5 of 8 Pages 890365 M. TERMINATION: Unless otherwise provided, either party shall have the right to terminate this Contract .by giving the other party thirty (30) days notice by certified or registered mail, return receipt requested. If notice is so given, this Contract shall terminate on the expiration of the thirty days, and the liability of the parties hereunder for further performance of the terms of this Contract shall thereupon cease, but the parties shall not be released from the duty to perform their obligations up to the date of termination. N. 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 anv term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. O. ENTIRE UNDERSTANDING: This Contract is intended as the complete integration of all understandings between the parties. No prior or conterr:eraneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation. renewal, addition, deletion, or other amendment hereto shall have any force or effect unless - embodied in a written contract executed and approved pursuant to the S;a:e Fiscal Rules. P. NOTICE PROCEDURE: All notices required and permitted pusuant to tins Contract shall be in writing and shall be deemed given when personally served or three (3) days after deposit in the United States Mail, postage prepaid, registered or certified, return receipt requested, and addressed to the following parties or to such other address as has been designated by a notice complying with the foregoing requirements. CONTRACTOR: Mr. C.W. Kirby, .Chairman Board of County Commissioners of Weld County P.O. Box 758 Denver, CO 80632 STATE: Mr. Don Armstrong, Controller Department of Labor and Employment 600 Grant Street, # 800 Denver, CO 80203-3528 2585E Page 6 of 8 Pages 890365 • Fonn 6•AC.4128 SPECIAL Fit.OVI SI ON'S CONTROLLER'S AI'I'ROVAL 1. This contract shall not be deemed valid until it shah 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 pay- ment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State payable after the current Fiscal year arc 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 filty 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 con- tract. 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 an:, labor, materials, team hire, sustenance, pro- visions. 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 he 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 cons, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcon- tractors, 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 Affirmative 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: (1) 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 selec- • tion for training, including apprenticeship. The contractor agrees to post in conspicuous places. available to employees and applicants for employment, notices to be provided 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 contract or understanding. notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's committment 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 con- c;acting 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 dis- criminate against any of its members in the full enjoymun: of work opportunity, because of race, creed, color, sex, national origin, or ancestry. (6) A labor organization, or the employees or member. thereof will riot aid, abet, incite. compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contractor 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 77 S page oof -_— pages 899 0365 Revised 11-85 pr.I nuMl • Form 6-AC-02C (7) In the event of the contractor's nun-compliance with the non-discrirninatinn clauses of this con- tract or with any of such rules, regulations, or orders, this contract may be cancelled. terminated or sus- pended in whole or in pan and the contractor may he declared ineligible for funhcr State contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be imposed acid remedies as may he 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 (alain,-ise 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 ntics, 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 subcontracting 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 con- tractor 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 Sure of Colorado. COLORADO LABOR PREFERENCE 6 a. Provisions of 8-1 7-101 & 102,CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. b. When a 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 determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would othenvise he inconsistent with requirements of federal law, this sub- section shall be suspended, but only to the extend 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 incor- porated herein by reference which provides for arbitration by any extra-judicial body or person or which is other- wise 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 other- wise. 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 arc familiar with I S-S-?01, 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 pro- visions is present. • 10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest what- soever in the service or property described herein: • IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. • Contractor: (Full Legal Name) Weld County Board of STATE OF COLORADO Commissioners ROY ROMER, GOVERNOR BY: By C.W. Kirby l Executive Director Position (Title) Chairman DEPARTMENT 84-6000813 OF LABOR AND EMPLOYMENT Social Security Number or Federal ID Number Attest (Seal ) �( G7#.41 c_e_ Co orate Secret or Equivalent: To /County/County Clerk APPROVAL ATTORNEY GENERAL CONTROLLER By By PAGE 8 or 8 890365 Department or Agency No. 309200 Contract Routing No. P` •89 : Weld County : Summer Job Hr This is a legal documert, legal counsel should be consulted before signing. CONTRACT THIS CONTRACT, is made this 30th day of April, 1989, by and between: THE BOARD OF COMMISSIONERS OF WELD COUNTY 1516 Hospital Road Greeley, CO 80632 (Contractor) and THE STATE OF COLORADO Department of Labor and Employment 600 Grant Street Denver, CO 80203-3528 (State) NOW THEREFORE, the below signed parties hereto agree to the following promises, mutual covenants and obligations herein contained. • THE COMMISSIONERS OF STATE OF COLORADO WELD COUNTY 1 Roy Romer, Governor By: `// '� By: ill l erector Title: nt of Labor and Employment Chairman Federal Tax ID: 84-6000813 v� Attest (Seal) '7272 � -"""" ` tte, By: V tr7/—if1-co--, c_J County Clerk APPROVALS: ATTORNEY GENERAL 4°- DIVISION OF ACCOUNTS AND CONTROL: By ��J By: 1' Sta e Controll Date F: iL:: :tcnt Attorney General 6:30365 0365w Page 1 of 10 Pages S9EDse Department or Agency No. 300200 Contract Routing No. 9-89 : Weld County : Summer Job I t This is a legal document, legal counsel should be consulted before signing. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 1001, G/L Account Number 50576, Contract Encumbrance Number ; and WHEREAS, any monies expended by the State, for services rendered pursuant to this Contract, are attributable to Project Code 321 and ABL 71 04 111; WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the Governor's Summer Job Hunt is a special summer program designed to assist young people, ages 16 through 21, to obtain summer employment. 1. Term. This Contract shall be effective on May 15, 1989 through August 30, 1988. 2. The Contractor's Duties. 2.1 The Contractor shall establish within Weld County a Summer Job Hunt Office and provide the following services: A. Reception services and acceptance of applications; B. Assistance in completing applications; C. Common Assessment and appraisal of each applicant including the determination of the appropriateness of subsidized vs. non-subsidized job referral for each applicant, as well as a determination of services needed by the client and arrangements for such services as available; D. Select and refer, where appropriate, qualified youth applicants for available job vacancies (subsidized and non-subsidized) in Weld County; E. Follow up with each job referral and verify actual placement or the lack of placement for each referral; F. Work with other local cooperating agencies in planning and implementing an employer relations and employer contact program to develop jobs for participants in the Summer Job Hunt Program; G. Accept Job Orders provided by the Colorado Alliance of Business according to the pre-arranged procedures. The Employer Relations Unit of the Contractor shall be responsible for all employer relations. The ES-514A Job Order Form shall be used for job orders. H. Follow the procedures as outlined in the State's Departmental Letter, DL (EP) 89-42, dated 3/20/89, (incorporated herein by reference), with the exception of attachment no. 6, in total, and attachment no. 1, provision 4. 0365w Page 2 of 10 Pages 890365 Department or Agency No. 300200 Contract Routing No. 7-89 : Weld County : Summer Job I t This is a legal document, legal counsel should be consulted before signing. 1. Utilize the concept of "Youth Helping Youth" to operate a "labor exchange" program. The Contractor shall assign staff members to operate the Summer Job Hunt and Summer Youth Employment and Training programs. J. Abide by the State's Code of Ethics, Gratuity and Credit for Placement Policy and Confidentiality of Records Policy, incorporated hereto by reference. K. Provide Job Search Workshops to youth. L. Provide counseling services or referral to existing counseling services within Weld County as needed by Summer Job Hunt Program applicants. M. Explore and make available opportunities for work experience to qualified Summer Job Hunt program applicants. 2.2 Performance Standards. The Contractor shall perform the services outlined in paragraph 2.1 to satisfy the following performance standards. A. Place 565 youth in non—subsidized employment. B. Provide job search workshops to 200 youth. C. Identify 100 obtained employments resulting from the Contractor's services. 2.3 The Contractor shall invoice the State for costs incurred in performance of this Contract. The invoice should detail each cost by source (supplies, rent, personnel, etc.) and amount. Invoices shall be sent to: Department of Labor and Employment, Controller's Office, 600 Grant Street, Suite 800, Denver, CO 80203-3528, ATTN: Invoice for Contract 89-89 Enclosed. 3. The State's Duties. The State shall, upon receipt a proper invoice and verification of services performed, reimburse the Contractor for costs incurred in the performance of this Contract. Under no circumstances shall the State's obligation to reimburse the Contractor, or payment thereof, exceed Twelve Thousand, thirty seven and 00/100 Dollars ($12,037.00). 4. Special Provisions. 4.1 Legal Authority. The Contractor warrants that it possesses the legal authority to enter into this Contract. The person or persons signing this Contract on behalf of the Contractor also warrants that they have full authorization to execute this contract. 4.2 Federal Funding. Payment pursuant to this Contract, if in Federal funds, whether in whole or in part, is subject to and contingent upon the continuing availability of the federal funds for the purposes hereof. In the event that said funds, or any part thereof, become unavailable as determined by the State, the State may immediately terminate this Contract. 0365w Page 3 of 10 Pages 890365 Department or Agency No. 300200 Contract Routing No 9-89 : Weld County : Summer Job : ,t This is a legal document, legal counsel should be consulted before signing. 4.3 Parties' Relationship. The parties of this Contract intend that the relationship between them contemplated by this Contract is that of employer-independent contractor. No employee, agent, or servant of Contractor shall be or shall be deemed to be an employee, agent, or servant of the State. 4.4 Compensation. A. The State shall establish billing procedures and reimburse the Contractor for actual, reasonable and necessary expenses incurred in providing services pursuant to this Contract, based on the submission of monthly itemized expenditure statements. B. Payments pursuant to this Contract shall be made as earned, in whole or in part, from available State funds encumbered for the purchase of the described services. The liability of the State, at any time, for such payments shall be limited to the amount of such encumbered funds remaining. C. In the event this Contract is terminated, final payment to the Contractor may be withheld at the discretion of the State until the State tenders final acceptance of the Contractor's performance or completion of a final audit by the State. D. Incorrect payments to the Contractor due to omission, error, fraud, or defalcation shall be recovered from the Contractor either by the Contractor reimbursing the State or by deduction from subsequent payments under this Contract or other contracts between the State and the Contractor, or by the State as a debt due to the State. 4.5 Confidentiality of Records. A. In the event the Contractor shall obtain access to any records or files of the State in connection with, or during the performance of, this Contract, the Contractor shall keep such records and information confidential and shall comply with all laws and regulations concerning the confidentiality of such records to the same extent as such laws and regulations apply to the State. B. If the contract is subject to the Colorado Employment Security Act (CESA), then the Contractor shall be considered an agent of the State only for the purposes of the confidentiality requirements of CESA, and agrees to be bound by all confidentiality requirements of CESA. C. Contractor agrees to notify and advise in writing, all employees, agents, consultants, licensees, or sub-contractors of the said requirements of confidentiality and of possible penalties and fines imposed by violation thereof, and secure from each an acknowledgment of such advisement and agreement to be bound by the terms of this agreement as an employee, agent, consultant, licensee or sub-contractor of the Contractor, as the case may be. D. Any breach of confidentiality by the Contractor or third party agents of the Contractor shall constitute good cause_for the State to cancel this Contract, without liability; any and all information delivered to the Contractor shall be returned to the State. 0365w Page 4 of 10 Pages 890365 Department or Agency No. 300200 Contract Routing No. '9-89 : Weld County : Summer Job 1 t This is a legal document, legal counsel should be consulted before signing. E. Any State waiver of an alleged breach of confidentiality by the Contractor or third party agents of the Contractor is not to imply a waiver of any subsequent breach. 4.6 Ownership of Materials and Information. The Contractor agrees that all material, information, data, computer software, documentation, studies, and evaluations produced in the performance of this Contract is the sole property of the State. 4.7 Reporting. The Contractor shall submit a written program report specifying progress made for each activity identified in the Contractor's duties and obligations, regarding the performance of the Contract. Such written analysis shall be in accordance with the procedures developed and prescribed by the State. The preparation of reports in a timely manner shall be the responsibility of the Contractor and failure to comply may result in delay of payment of funds or termination of the Contract. Required reports shall be submitted to the State not later than the end of each calendar quarter and upon the expiration or termination of the contract, or at such time as otherwise specified. 4.8 Records. A. The Contractor shall maintain a complete file of all records, documents, communications, and other materials which pertain to the operation of programs or the delivery of services under this Contract. Such materials 'shall be sufficient to properly reflect all direct and indirect costs of labor, materials, equipment, supplies, and services, and other costs of whatever nature for which a contract payment was made. These records shall be maintained according to generally accepted accounting principles and shall be easily separable from other Contractor records. B. All such records, documents, communications, and other materials shall be the property of the State and shall be maintained by the Contractor, in a central location and custodian, on behalf of the State, for a period of three (3) years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters pending (including audits performed by the federal government). 4.9 Performance Monitoring. A. Contractor shall permit the State, the U.S. Department of Labor, or any other duly authorized agent or governmental agency, to monitor all activities conducted by the Contractor pursuant to the terms of this Contract. Such monitoring may consist of internal evaluation procedures, examination of program data, special analyses, on-site checking, formal audit examinations, or any other reasonable procedures. B. The Contractor authorizes the State to perform audits or inspections of its records at any reasonable time during the term of this Contract and for a period of three (3) years following the termination of this Contract. 0365w Page 5 of 10 Pages 890365 Department or Agency No. 300200 Contract Routing No. 1-89 : Weld County : Summer Job F This is a legal document, legal counsel should be consulted before signing. 4.10 Remedies. In addition to other specified remedial actions, the Executive Director of the State or his designee may exercise the following remedial actions should he find the Contractor substantially failed to satisfy or perform the duties and obligations in this Contract. Substantial failure to satisfy the duties and obligations shall be defined to mean insufficient, incorrect, improper activities or inaction by Contractor. These remedial actions are as follows: A. Withhold payment to Contractor until the necessary services or corrections in performance are satisfactorily completed; B. Request the removal from work on the Contract of employee of Contractor whom the Executive Director or designee justifies as being incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued employment on the contract he deems to be contrary to the public interest or not in the best interest of the State; C. Deny payment for those services or obligations which have not been performed and which due to circumstances caused by Contractor cannot be performed or if performed would be of no value to the State. Denial of the amount of payment must be reasonably related to the amount of work or performance lost to the State; or D. Terminate the Contract immediately without the required notice and without compensation for termination costs. 4.11 Non—Assignability. The duties and obligations of the Contractor cannot be assigned, delegated, nor subcontracted except with the express written consent of the State. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 4.12 Litigation. Unless otherwise provided, the Contractor shall notify the State, within five (5) days after being served with a summons, complaint, or other pleading in a case which involves services provided under this contract and which has been filed in any Federal or State court or administrative agency, and shall deliver copies of such document to the State. 4.13 Termination. Regardless whether the Contractor is adequately performing its duties and obligations the State shall have the right to terminate this Contract by giving the other party thirty (30) days notice by certified or registered mail, return receipt requested. If notice is so given, this Contract shall terminate on the expiration of the thirty days, and the liability of the parties hereunder for further performance of the terms of this Contract shall thereupon cease, but the parties shall not be released from the duty to perform their obligations up to the date of termination. 4.14 Severability. To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. 0365w Page 6 of 10 Pages 893365 Department or Agency No. 300200 Contract Routing No. `-89 : Weld County : Summer Job F This is a legal document, legal counsel should be consulted before signing. 4.15 Entire Understanding. This Contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules: 4.16 Notice Procedure. All notices required and permitted pursuant to this Contract shall be in writing and shall be deemed given when personally served or three (3) days after deposit in the United States Mail, postage prepaid, registered or certified, return receipt requested, and addressed to the following parties or to such other address as has been designated by a notice complying with the foregoing requirements. CONTRACTOR: STATE: Weld County Board of Commissioners Mr. Donald K. Armstrong, Controller P.O. BOX 758 Department of Labor and Employment Greeley, CO 80632 600 Grant Street, # 800 Denver, CO 80203-3528 and and Executive Director Mr. Larry Dreller, Summer Job Hunt Coordinator Division of Human Resources Department of Labor and Employment P.O. BOX 1805 600 Grant Street, Suite 900 Greeley, CO 80632 Denver, CO 80203-3528 4.17 Controller's Approval. 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. A. If the date of the State Controller's approval is subsequent to the effective date specified in 11, all provisions relating to time of performance and payment shall be reduced proportionately to account for the reduction of work and services. B. The parties expressly acknowledge that the State shall not be liable for payment of work or services, nor for costs or expenses incurred by the Contractor, prior to the proper execution and approval of this contract. 4.18 Fund Availability. 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. 0365w Page 7 of 10 Pages s9C365 Department or Agency No. 300200 Contract Routing No. '-89 : Weld County : Summer Job H This is a legal document, legal counsel should be consulted before signing. 4.19 Bond Requirement. 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, provender 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. 4.20 Indemnification. 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. 4.21 Discrimination and Affirmative Action. The Contractor agrees to comply with the letter and spirit of the Colorado Anti—discrimination 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 Affirmative Action, dated April 16, 1975. Pursuant thereto, during the performance of this contract, the contractor agrees as follows: A. 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 provided by the contracting officer setting forth provisions of this non-discrimination clause. B. 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. 0365w Page 8 of 10 Pages 890365 Department or Agency No. 300200 Contract Routing No. -89 : Weld County : Summer Job H This is a legal document, legal counsel should be consulted before signing. C. The Contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, 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. D. The Contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action, dated 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. E. 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. F. 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 discriminatory 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. G. In the event of the Contractor's non-compliance with the non-discrimination clauses of this contract 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 Affirmative Action, dated 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, dated April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. H. The Contractor will include the provisions, sub-paragraphs (A) through (G), 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, dated 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. 0365w Page 9 of 10 Pages 896365 Department or Agency No. 300200 Contract Routing No. -89 : Weld County : Summer Job H This is a legal document, legal counsel should be consulted before signing. 4.22 Colorado Labor Preference. A. 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 hereunder and are financed in whole or in part by State funds. B. When a 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 determined by the officer responsible for awarding the bid that compliance with this subsection may cause denial of federal funds which would otherwise be available 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). 4.23 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. 4.24 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. 4.25 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. 4.26 The signatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the service or property described herein. 0365w Page 10 of 10 Pages 890365 Hello