HomeMy WebLinkAbout850901.tiff EmoRAnDum
To ?arki a Tnhnson, Chat Yman_ Dace June 28, 1985
Board of Commissioners
COLORADO From wa1 ter T__Speekmana Executive Director, Human Resources
subiecc: Master Contract with JTPA
Enclosed for Board approval is the Master Contract to the Job Training
Partnership Act. The contract is between the Employment Opportunities
Delivery System (EODS) and the Governor' s Job Training Office (GJTO).
The Master Contract is the formal incorporation of the recent
modification to the Job Training Plan (approved by the Board during the
April 22, 1985, meeting) and guarantees funding through June 30, 1988.
The contract is effective for the time time period of July 1, 1985, to
June 30, 1988.
If you have any questions regarding the enclosed contract, please
contact me.
R 50'401
r
Dept. or Agency # 21-09-10
G/L Account #
Contract Routing #
Contract #
Encumbrance #
MASTER CONTRACT
THIS CONTRACT, made this 1St day of July 1985, effective the
1st day of July, 1985, by and between the State of Colorado for the
use and benefit of 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 of
1982 (JTPA), also known as P.L. No. 97-300, and the Governor has
received a grant of federal funds thereunder; and
WHERFAS, 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
WHERFAS, required approval, clearance, and coordination have been
accomplished from and with appropriate agencies; and
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
No. 1001, G/L Account Number , Contract Encumbrance No.
; 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; and
NOW THEREFORE, in consideration of the mutual promises hereinafter
set forth, and for other good and valuable consideration, the
parties agree as follows:
I. STATEMENT OF WORK
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. A copy of this plan is kept on file at GJTO.
The JTP has been modified to reflect actual funding
and programmatic decisions prior to the beginning of
the second year. Both the Program Year 1984-1985 (PY
84-85) JTP and the PY 85 modifications are hereby
incorporated and made part of this 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, the 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).
Page 1 of l b
A.3.b Technical assistance incentives for superior
performance, and serving hard to serve indi—
viduals (Section 202(b) (3) of JTPA).
A.3.c Auditing, administrative, and other activities
(Section 164 of JTPA).
A.3.d Training programs for dislocated workers
(Section 301(b) of JTPA).
A.3.e Services for groups with special needs and
exemplary 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.
A.3.g Other funds for employment and training related
programs.
A.4 The GJTO shall provide funds for Summer Youth Employ-
ment and Training Programs in accordance with Section
251(b) of JTPA, if such activities are not originally
included in the JT? by the Contractor.
B. Maximum Funding
B.1 GJTO shall provide the Contractor an amount not to
exceed ONE MILLION, TWO HUNDRED ONE THOUSAND, NINE
HUNDRED FOURTEEN DOLLARS ($1,201,914) of funds awarded
to the State of Colorado for PY 85, for activities
identified in Section I.A for the period of July 1,
1985 to June 30, 1988.
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 authoriza-
tion to spend funds may be provided to GJTO in incre-
ments. Therefore, the GJTO shall limit the amount
requested by the Contractor for each Expenditure
Authorization to the amount authorized 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 "Expenditure Authorization" must
be submitted by the Contractor and approved by the
GJTO.
C„2 An Expenditure Authorization is a document prepared by
the Contractor which shall include 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 received by the Contractor,
such as, but not limited to, those programs
identified in Section I.A.
C.2.e Special provisions.
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C.2.f Signature page signed by the Private Industry
Council (PIC) Chair, the SDA Director, and
GJTO, if the total amount of the Expenditure
Authorization is One Hundred Thousand Dollars
($100,000 ) or less. If the Expenditure Author-.
ization 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 inter-
nal signature process. Should the internal
signature process be more restrictive than this
provision, it will prevail.
D. Modification Procedure for Expenditure Authorization Budget
The Contractor may modify the Expenditure Authorization and
its budget in accordance with GJTO policies and procedures
with prior written approval of both the 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 the GJTO. In addition, this equipment or
property must be incorporated in the contractor inventory
and submitted to GJTO pursuant to GJTO policies and
procedures.
F. Duration
F.1 The JTP a modified shall remain in full force and
effect for the entire Contract period, unless changes
in labor market conditions, funding or other factors
require a substantial modification as provided in
Section 104(c) of the JTPA.
II. EFFECTIVE DATE
This Contract shall be effective from July 1, 1985 to June
33 , 1988.
III. 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.
A. The contractor will not be required to comply with
section(s) 0 of the General Provisions.
B. The contractor will be required to comply with the
following indemnification clause:
"To the extent authorized by law, the Contractor shall
indemnify, save and hold harmless the State, its
employees and agents, from any and all claims, damages,
liability and Court awards, including costs, expenses and
attorney's fees incurred as a result of an action or
omission by the Contractor or its employees or its
agents, sub-contractors or assigness in connection with
the performance of this Contract."
IV. SPECIAL PROVISIONS
The Contractor agrees to perform in accordance with, and to
comply with, the Special Provisions attached to this
Contract, and by this reference hereby incorporated into this
Contract.
Page 3 of IJ
G-:::RA., PROVISIONS
A. Legal Authority
The Contractor assures and guarantees that it possesses
the legal authority to enter into this Contract. The
person or persons signing and executing this Contract on
behalf of the Contractor do hereby warrant and guarantee - -
that they have been fully authorized by the Contractor to
execute this Contract on behalf of the Contractor.
B. Payment Contingent-:
The parties hereto expressly recognize that the Contrac—
tor is to be paid, reimbursed or otherwise compensated
with funds provided to GJTC by the United States Depart-
ment of Labor under the Job Training Partnership Act
(JTPA). Therefore, the Contractor expressly understands
and agrees that all its rights, demands and claims to
compensation arising under this Contract are contingent
upon receipt of such funds and upon GJTO continuing to
receive such federal funds. If any part of the funds are
not received by GJTO, for any reason, GJTO may uni-
laterally terminate this Contract, or, with the consent
of the Contractor, modify the terms hereof. 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.
C. Termination
The performance of work under this Contract may be
terminated by GJTO in accordance with this clause in
whole or in part.
C.1 The GJTO may terminate this Contract when it has been
determined that the Contractor has failed to provide
any or all of the services specified or failed to
comply with any Federal requirements or provisions
contained 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 the GJTO for correction of defic-
iencies. If the Contractor does not respond within
the appointed time with appropriate plans, the GJTO
shall serve a termination notice on the Contractor.
C.2 GJTO may recuest a termination of this Contract for
convenience giving a thirty (30) calendar day advance
notice in writing of the effective date of such a
termination. The Contractor receiving notice shall
be entitled to receive just and equitable compensa-
tion for any allowable services satisfactorily
performed hereunder through the date of termination.
C.3 GJTO may request in writing, a termination of this
Contract when both parties agree that continuation of
the services specified in II, Statement of Work,
would not produce beneficial results commensurate
with the further expenditure of funds.
C.4 After receipt of a notice of termination, the
Contractor shay_:
C.4.a Stop work under the Contract on the date and to
the extent specified in the notice of
termination.
Page 4 of aC
C.=.b 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 not
terminated.
c Terminate all orders and subcontracts to the
extent that they relate to the performance of
the work terminated by the notice of
termination. -
d Assign to the GJTC all of :he rights, title and
interest within the Contract . The GJTO shall
have the right, at its discretion, to settle or
pay any or all claims arising out of the
termination of this Contract.
C. '-.e Settle all outstanding liabilities and all-
claims arising out of such termination of
orders and subcontracts in accordance with the
provisions of this Contract .
C.=.f Transfer title of all Contract property to the
GJTO (to the extent that title has not already
been transferred ) and deliver in the manner and
at a time specified by GJTO.
C.4.g 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.
C .5 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 the GJTO.
Such closeout package shall be submitted promptly,
but in no event, later than two (2) months from the
effective date of termination, unless one or more
extensions in writing are granted by GJTO.
C„5 The Contractor shall ha-re the right to appeal any
unilateral determination to terminate in accordance
with the JTPA. In any case, where the GJTO has made
a determination of the amount due, the GJTO shall pay
to the Contractor the following:
C.5.a If there is no right of appeal hereunder or if
no timely appeal has been submitted, the amount
so determined by the G.7T0; or
C.5.b If an appeal has been submitted, the amount
finally determined on such appeal.
.,.' The GJTO may, from time to time, under such terms and
conditions as it may prescribe, make partial payments
on account against costs incurred by the Contractor
in connection with the terminated portion of the
Contract whenever in the opinion of the GJTO the
aggregate of such payment shall be within the amount
to which the Contractor will be entitled hereunder.
Financial Retorting Peeui- _
=h_ Contractor shall use detailed financial reporting
procedures, including budgeting, invoicing, financial
_rocedures and budget revisions and modifications
described in the "Financial Retorting Procedures" which
shall be provided to the Contractor.
Page S of La
E. Reporting
The Contractor shall submit on a quarterly basis , unless
otherwise specified within this Contract, a written pro—
gram retort s_ ,,^" ng progress made for each activity
identified in the Statement of Work, regarding the per—
formance of this :cntract . Such written analysis shall
be in accordance with procedures developed and prescribed
in GJTC. The _ _ _ration of reports in a timely manner _
shall be the respc-s4' ' 1'y of the Contractor and failure
to comply may result in delay in the payment of funds and
termination of the Contract. Required reports shall be
submitted to GJTO not later than the last working day of
the month following the end of each calendar quarter, or
at such time as sspecified in the Statement of Work, if
the reports are recuired at time intervals other than
each quarter.
F. Management Information. System
The Contractor must maintain a Management Information
System that will furnish the Contractor with sufficient
information to .manage and control its program and to pro-
vide the State with sufficient information on clients to
meet its JTPA oversight responsibilities. At a minimum
this will include all information necessary to complete
pertinent reports as specified by GJTO through JTPA
letters.
G. Management Activities and Record Maintenance
G.1 In addition to ary requirements imposed elsewhere in
this Contract , the Contractor shall ensure that
sufficient, auditable and otherwise adequate records
that will provide accurate, current , separate and
complete 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. Department of Labor, firms conducting audits of
JTPA funds and GJTO to audit and monitor the
Contractor.
G.2 The Contractor shall ensure that it will comply with
the provisions of the GJTO Audit Policy.
G.3 GJTC's Monitoring Unit and other representatives of
GJTO shall, during business hours, have access to
inspect and copy books , records, memoranda, corres-
pondence, 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
administrative tractices, supported with funds under
this Contract to ensure compliance with the terms of
this Contract, and provisions of any subContracts
funded in whole or in part through this Contract.
G.4 The Contractor shall review the findings of said
Monitoring Unit or representative and shall act
promptly, as directed by GJTO, to remedy deficiencies
noted in such findings. If corrective action is not
taken and such deficiencies persist, GJTO may
terminate this Contract.
G.5 In the event that GJTO determines that the
recordkeeping system of the Contractor does not
comply with Federal guidelines, financial accounting
may be done by GJTO, or an accounting firm or bank
approved by GJ^_C. The cost to GJTO of any work shall
Page 6 of is
:e ducted monthly from funds allocated to the
Contractor.
H. Subcontracting
The Contractor shall not subcontract the performance of
any tart of its duties under this Contract except in
______ dance with the terms of this Contract or with the
written consent of the CJTO approving the
s_o_ __ ent.
:. Property .!anamemert
priContractor must submit a written request to GJTO
or to the purchase of any ecuipment with a unit
cost of five hundred dollars .S500) or more. Upon
receipt of GJT0 's written approval, the Contractor
may proceed with the purchase, and submit a New
rou4pment Notification Form to the GJTO. The GJTO
shall retain title to all equipment, in excess of
five hundred dollars (3500;, purchased by the
Contractor, and, therefore, prior written approval is
needed before disposition of equipment purchased by
the Contractor with funds from GJTO. The Contractor
shall comply the GJTO property management procedures
and JTPA Letter #a4-37.
:.2 The Contractor ensures that it will maintain proper
inventory control over all equipment purchased with
JTPA funds.
J. Ass' lent
The Contractor shall not assign this Contract to third
parties without prior written consent of GJTO approving
both the assignment and the assignee.
K. _everabi ity -
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 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.
I . Changes in Statement of Work -
_.1 'codification by Ooeratio❑ of Lay. 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 incorported into
and be part of this Contract as if fully set forth
herein.
1.2 Pr =ramratic Modifications. The Contractor shall
follow the revision procedures set forth by GJTO.
• 1.2.a The Contractor must submit a written request to
the GJTO and obtain prior written approval for
changes to the Statement of Work or objective
of the Contract .
1.2.b 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 applicable law under the following
circumstances :
Page '1 of i S
L .2.b._ when an increase or decrease of
Contract total is desired;
L.2.b.2 when the statement of Work or the
objective of the Contract changes
substantially, as determined by the
GJTO.
Under such circumstances , the GJTO's approval _ _
is not binding until the Contract amendment is
excu,.ed.
!. Preeram Income
If am income is generated under this Contract , an
agreement providing for the use of such income subsequent
to termination of this Contract is required, prior to the
expenditure of such funds.
N. Integration of Understandings
This agreement is intended as the complete integration of
all understandings between the parties. No prior or
current addition, deletion, or other amendment shall have
any force or effect whatsoever, unless embodied herein in
writing. No subsequent novation, renewal, addition,
deletion, or other amendment hereto shall have any force
or effect unless embodied in a writing that is executed
and approved pursuant to the State Fiscal Rules and other
applicable statutes and regulations.
0. Hold Harmless Clause
•
Contractor, in consideration for State's promises herein
set forth, promises to indemnify, save and hold harmless
and defend State, and all of its . employees and agents,
acting officially or otherwise, from any and all
liability, claims, demands, act ions, debts, and attorney
fees arising cut of, claimed on account of, or in any
manner predicated upon loss or damage to the property of
and injuries to, or death of all persons whatsoever,
which may occur, or is sustained in connection with the
performance of this Contract, or by conditions created
thereby, or based upon any violation of any statute,
ordinance, or regulation, and the defense of any such
claims or actions.
P. Assurances
P.1 The Contractor assures that it will fully comply with
the Job Training Partnership Act (JTPA), regulations
prcmugated, and all other federal regulations issued
pursuant to the Act.
P.2 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.
P.3 The Contractor assures that it will administer its
programs under the JTPA in full compliance with safe—
guards against fraud and abuse as set forth in JTPA
and the JTPA regulations.
P.4 The Contractor assures that no portion of its JTPA
program will in any way discriminate against, deny
benefits to, deny employment to, or exclude from
participation any persons on the grounds of race,
color, national origin, religion, age, sex, handicap,
or political affiliation or belief; that it will
target employment and training services to those most
in need of them.
Page aL of Is
P.5 The Contractor agrees to abide by the provisions of
Section 144 of the JTPA which concerns grievance
procedures. Further, the Contractor agrees to follow
Federal Regulations governing grievance resolution of
all complaints , including those based on handicap,
but excluding complaints alleging discrimination.
All discrimination complaints except those based on
handicap must be filed initially at the U.S. Office
Civil Rights. Finally, the Contractor also agrees
to follow all pertinent Governor's policy issuances
concerning grievance p ^= res . The current such
Governor 's policy is contained in JTPA Letter na4-3a,
dated January 31,' 1944.
P.O The Contractor assures and certifies that in admin-
istering programs under JTPA:
P.6.a It will comply with the provisions of the
Uniform Relocation Assistance and Real Property
acquisition Act of (P.L. 91-646) which
recuires fair and ecuitable treatment of
persons displaced as a result of Federal and
Federally-assisted programs.
P.6.b It will comply with the provisions of the Hatch
Act, where applicable, which limit the
political activity of certain State and local
government employees.
P.6.c For grant, subgr_nts, contract, anct sub—
contracts 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 arty year
will exceed one hundred thousand dollars
($100,000), or if a facility to be used has
been the subject cf a conviction under the
Clean Air Act (42 U.S.C. 1x57-a) (c) (1) or the
Federal Water Pollution Control Act (33 U.S.C.
1319 (C) ) and is listed by the Environmental
Protection Agency (EPA) or is not otherwise
exempt, the grantee assures that:
P.6.c.1 No facility to be utilized in the per-
formance of the proposed grant has been
listed on the EPA list of Violating
• Facilities ;
P.b.c.2 It will notify the Regional Admini—
strator, prior to award, of the receipt
of any communication from the Director,
Office o; 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
list of Violating Facilities ; and
P.6.c.3 It will include substantially this
assurance, including this third part,
in every non—exempt subgrant, contract
or subcontract.
?.5.d It will comply with atprctriate labor standards
as set forth in n 143 of the JTPA.
(20CFR 629.22 and 529.33).
?.6.e All grievances concerning the conduct of the
Contractor shall follow the grievance
procedures set forth in 20 CFR 629. 51 et seq.
Page 9 of IS
P.b.f it will comply with the Child Labor laws ;
P.b.g It will comply with the Safety Standards of
Occu a tionals Safety and Health Association
(OSH.;) ;
?.6.h It will comply with the Davis Bacon Act ;
P..,._ It will comply with the Wagner-Peyser Act ; -
P....,; It will comply with ?art C of Title IV of the
Social Security Act;
?.b.k It will comply with the Military Selective
Services Act ;
?.6.1 It will comply with Section 665, Title lb,
United States Code;
P.6.m It will comply with the Fair Labor Standards
Act of 93d;
P.6.n It will comply with the State of Colorado
Statute Section l6 —301 C.R.S. (19Th and 19d4
Supplement ) (Bribery and Corrupt Influence);
P.6.o It will comply with the State of Colorado
Statute Section 1t-d-401-40b C.R.S (1976 and
19d4- Supplement ) (Abuse of Public Office ) ;
P.6.p It will comply with all state procurement
regulations where appropriate.
P.7 The Contractor assures that it will comply with
bonding and insurance requirement as follows :
P.7.a 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 connection
herewith, and whenever any of the services
covered in the Contract is to be subcontracted,
the Contractor shall obtain insurance 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.
P.7.b 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 Damage Insurance for business use with
limits not less than One Hundred and Fifty
• Thousand Dollars (5150,000) personal liability
to any one person in any one accident, Four
Hundred Thousand Dollars ($400,000) for an
injury to two or more persons in any single
occurrence, and Four Hundred Thousand Dollars
($400,000 ) for prcperty 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 :
P.7.b._ Contractor's own vehicles ;
P.7.b.2 Hired vehicles ; and,
?age 10 of to
P.7.c.3 Vehicles not owned by the Contractor.
The State shall not be in the policy as a named
insured.
P.T.c Upon written request to the Contractor being made by
the State, the Contractor shall maintain during the
life of this Contract, Physical :amage or Loss Insur- _
ance protecting against loss caused by the perils of
fire, smoke, theft, burglary, vandalism, and storm
acceptable to the State, covering the services here-
under and all operations, ^ 2-ment and materials
furnished or used in connection therewith. The cash
bend in an amount to be determined by the State may
be given to meet this requirement as regards State
property.
P.T.d Excepting the Insurance required by Paragraph (B)
hereinbefore, one certified copy of the foregoing
policies and three copies of a certificate evidencing
the existence thereof shall be delivered to the State
within twenty (20) days of such written request being
made by the State. Certified copies of the policies
required by said Paragraph (H) 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 (B). Each copy and certificate must
bear the following special endorsement by the agency
of the proposed insurance ca^^'nr:
"This policy shall not be altered, materially changed
or cancelled without giving fifteen (15 ) days prior
written notice, by certified mail, to GJTO.
P.T.e A valid receipt showing payment or obligation for the
payment of the premium for all such insurance,
excepting the insurance required by said Paragraph
(B) , shall be submitted to the State by the Contrac—
tor when it provides the insurance documentation to
the State for acknowledgement of receipt and adequacy
by the property State officials. Receipts showing
payment or obligation, for the payment of the premium
for the insurance required by said Paragraph (B)_
shall be submitted to the State with the policies and
certificates to which the receipts refer before use
of the vehicluar equipment involved is undertaken by
the Contractor.
P. The Contractor assures that it, and its subcontractors ,
shall comply with the Workmen 's Compensation Act of
Colorado and shall provide compensation insurance to pro-
tect the Contractor, its subcontractors and the State from
and against any and all Worker's Compensation claims
arising from performance of services under the Contract.
The State shall be furnished, prior to any service here-
under being undertaken by the Contractor, three (3) copies
of the certificate or certificates evidencing such insur-
' ance to be in effect .
P.9 The Contractor assures that prior to the initial disburse-
ment of funds to the Contractor it shall ensure that every
officer, director, agent , or employee authorized to act on
behalf of the Contractor in receiving or depositing funds
into program accounts ; or in issuing financial documents,
checks, or other instruments of payment for program costs
shall be bonded to provide protection against loss. The
coverage shall be:
P.9.a One Hundred Thousand Dollars (5100,000) ; or
Page I1 of 15
P.9.b an =count equal to the highest amount received from
GJTO, whichever is greater.
If the bend of arr employee of the Contractor is cancelled
or coverage is substantially reduced, the Contractor shall
notify GJTC and shall not disburse any funds thereafter
until 1=C receives and acknowleges assurance from the _
Contractor that adequate insurance coverage had been
obtained.
P.10 The Contractor assures that Equal Opportunity must be
afforded all qualified applicants and clients seeking
and/or receiving services under the JTPA. It it encumbent
upon the Grant Recipient to devise and monitor a system
for ensuring Equal Opportunity. Therefore, the Grant
Recipient agrees to abide by the terms of Section 167 of
the JTPA which deals with the non—discrimination prohibi—
tions of the' Age Discrimination Act of 1975, Section 504
of the Rehabilitation Act , Title IX of the Education
Amendments of 1972, and Title VI of the Civil Rights Act
of 1964.
Specifically, Section 167 of the JTPA requires that:
P.10.a No individual shall be excluded from participation
in, denied the benefits of, subjected to discrim-
ination under, or denied employment in the admin-
istration of or in connection with any such program
because of race , color, religion, sex, national
origin, age, handicap, or political affiliation or
belief.
P.10.b Participants shall not be employed on the construc-
tion, operation, or maintenance of so much of any
facility as is used or to be used for sectarian
instruction or as a place for religious worship.
P.10.c With respect to terms and conditions affecting, or
rights provided to, individuals who are partic-
ipants in activities supported by funds provided
under this Act, such individuals shall not be dis-
criminated against solely because of their status
as such participants.
?.10.d Participation in programs and activities finan-
cially assisted in whole or in part under this Act
shall be open to citizens and nationals of the
United States, lawfully admitted permanent resident
aliens , lawfully admitted refugees and parolees ,
and other individuals authorized by the Attorney
General to work in the United States.
P.11 The Contractor assures that it will comply with the JTPA
prohibition regarding exclusion from participation in,
denial of benefits of, discrimination under, or denial of
employment in the administration of any JTPA-funded pro-
gram on the basis of handicap. The JTPA provides that up
to 105 of the participants in IIA programs need not be
economically disadvantaged if such individuals have
encountered barriers to employment, e.g. , limited English
speaking proficiency or other handicap.
The Contractor agrees to abide by the terms of Section 504
of the Rehabilitation Act and 29 CFR parts 31 and 32. The
Contractor .must ensure that its program, when viewed in
its entirety, is accessible to the handicapped, including
limited or non-English speaking persons, and that informa-
tion and services can be provided in different languages,
if such languages are principally employment by segments
of the eligible population constituting at least 5% of the
Page 12. of L
eligible population. rte Contractor shall have an
accessibility plan addressing all areas of accessibility
'4ngg physical access''.-` "-y :c buildings. Not every
need be handicapped accessible; however, the Con-
tractor's :. 5_ _m, when viewed in its entirety, shall be
a__essif_e. The plan shall also address the areas of
to the mentally and sensory impaired. •
Finally, the Contractor assumes res onsibility for con-
ducting a self-evaluation cursuant to 29 CFR 32.6 (c ).
•
Page 1?6 of IS
SPECIAL PROVISIONS
Form 6-AC-02B _,.._..
CONTROLLER'S APPROVAL
L This contract shall not bc deCmvidi salid until applicable italtohavey been a prt i. edvmg thhee onymeer of the St tboftColorado or such
assistant as he may designate. This p
FUND AVAILABILITI'
2. Financial obligations of the State payable after the current fiscal sear are amnngent up In funds for that purpose being appropriated.
budgeted and otherwise made available.
BOND REQUIREMENT _
3. If this contract insole es the pay ment of more than fifty thousand dollars for the construction.erection.repair.main-
tionc ntract or hall.bet :e entte an'
ng tthelperformance of ange.y such work^nclludedainathis or
duly execute and this
deliser to and
contractor shall. -
file with the official w hose signature appears below for the State.a;u`td and sufficient bond or other acceptable surety to he
approved by said official in a penal sum not less than one-half of the total amount s able 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.
to sand in ustenanceaddition.pros
sisaoirs.prosendo ide that r for other contractor
supplier used or subcontractors
consumed by fail
suchuls contra�or or his for any bsubontractor in pe hire.
for-
mance of the work.contracted to he 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 rresney order payable to the Treasurer of the State of Colorado maybe accepted in lieu of a bond.
This provision b in compliance with 38-26-106 CRS. as amended.
MINIMUM WAGE
4. Except as otherwise provided by law,if this contract is in excess of one hundred fifty thousand dollars and requires
or invokes the employment of laborers or mechanics in the construction. alteration or repair of any building or other public
works(except highw ays.highway bridges. underpasses and highway structures of all kinds or contracts for any purpose to
which the state department of highways or the chief engineer is a party i within the geographical limits of the State.the rate of
wages for all laborers and mechanics employed by the contractor or any subcontractor on the building or other public works
covered under the contract shall not be less than the prevailing rate of wages for work of a similar nature ailing in the county.city
and or and themresolu[on of municipality
vdisputes of he resulting tate in hich thetherefromrshall be asother
prescri bed b x`,16`10 located.
Pasvamendedrate of wages
i"'
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 sant Vol. .I he following
or asrequired i g ro vi Executive Order.Equal s provisions shall be contained in allState and
cont contracts orve Action.sub-contractsdated April 16. 1975.
Pursuant
During the performance of this contract. the contractor agrees as follows: men[ because of
(I) The contractor will nut discriminate against any employee or applicant for employment
race, creed. color. national origin, sex. marital status. religion. ancestry. mental or physical handicap,or age.insure t s are employed, and that ployees are
The contractor ewill take mploy ment.f without rative egard tn o the aboveamentionedtcharac characteristics. Such action stall include.
treated during emp upgrading. demotion, or transfer, recruitment or
but not limited to the following: employment. other recruitment adyertisings:lay-offs or terminations;rates of pay or
postoinmconspiooussplacesand selection
o
for training. including apprenticeship. The contractor agrees the contracting places setting availablefo to
employees and applicants for employment, notices to he provided by
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 ice to be ng officer,
advising the aueerrient orr or
representative the contractor'P ovmmil by ttment 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,
the Orr er,
Equal Opportunity and Affirmative Action of April 16, 1975. and by the rules.regulations and Orders
ores of investigation accounts
ut t ascertain the compliance
ractin
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 pure
with such rules. regulations and orders.
(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in
insuch
labbecor e of race,o or
such labor organization. or expel any such individual from membership in such labor organization or
d.
discriminate against any of its members in the full enjoyment of work opportunity,
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 oig tory or obstru comply itngcwith the provisions f anv t defined rof his
contracttorbany order isasued thereunder or attempt,prevent any person
oe ttempt,either directly or
p
indirectly-.[u commit any act defined in this contract o be discriminator.
page �y of _1.5_pages
395-53-01-1022
Form 6-AC-02C
(7) 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 purt
and the contractor may be declared ineligible for further 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 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 (1) through (8) in every sub-contract and sub- _ _
contractor 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 sub-
contractor 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,litiga-
tion 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
6. 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.
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpreta-
tion, 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. 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_
9. The signatories aver that to their knowledge,no state employee has any personal or beneficial interest whatsoever in the
service or property described herein:
N WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
STATE OF COLORADO
N RICHARD D. LAMM, GOVERNOR
(Full Legal N- •e By
acq line o nson •5 EXECUTIVE DIRECTOR.
Contractor By:We d County, Co orado
DEPARTMENT
Position (Title) Chairman, Weld County OF
Board of Commissioners
sThes Sena¢}Number or Federal I D. Number
(If Corporation:)
Attest: (Seal)
By
Secretary APPROVALS
ATTORNEY GENERAL CONTROLLER
By By
ATTEST , ,
WFLD CoLINC CLERK AND RECORDER
AND ._U?RK "iU TIC BOARD
De lily Colin.;', Clerk
I g5
395-53-01-1030(Re, C as( Page_ __IS-- which is the last of _..IJ__-. pages
'See instructions on reverse side.
Hello