HomeMy WebLinkAbout920422.tiff RESOLUTION
RE: APPROVE MASTER CONTRACT BETWEEN THE GOVERNOR'S JOB TRAINING OFFICE AND THE
WELD COUNTY DIVISION OF HUMAN RESOURCES AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Master Contract between the
Governor's Job Training Office and the Weld County Division of Human Resources,
commencing July 1, 1992, and ending June 30, 1994, with the further terms and
conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said
contract, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Master Contract between the Governor's Job Training
Office and the Weld County Division of Human Resources be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 18th day of May, A.D. , . 1992.
//I) i/I / BOARD OF COUNTY COMMISSIONERS
ATTEST: /V WELD COUNTY, COLORADO
Weld County Clerk to the Board
Geor a Kenne , Chairman Q
yJ BY: EXCUSED
'Deputy le k to the Board Constance L. Harbert, Pro-Tem
yy�
APPROVED AS TO/FORM: �i/ X1
/ C. W. Kir
County Attorney Gor on La y�
W. H. Webster ���
U 920422
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`q� a9 Nurnae: (TIN) t-
) Veticaion Do NOT sent to IRS
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THE GOVERNOR'S JOB TRAINING OFF
Name Weld County Division of Human Resources 720 S. COLORADO BLVD.
(See Reverse cur Lrr.porrant :a:ormaaoni SUITE 550
DENVER, CO. 80222
(EEA)
Second Name
(ONLY iF Doing Susrness As ,D.3.A..) June 30, 1993
Fiscal Year End June 30, 1994
Address P.O. Box 1805 y�
(To Receive Payments :ram the State) . �„i--/),-19,27di 11 '
Greeley Mare Colorado D3' 80632 tinga
q' writ ) ' ,�(�`t�
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9 Digit Taxpayer Identification Number (7L\): See Reverse for information on How to Obtain a TIN
Legal Business Designation i✓MUST Ctecic One)
_ Individual (Individual's Social Security Number) (See Reverse) ——_ — — —_——
NOTE CO NOT me embuys idamfiomn aces S for iaams 941.940.:!0 or a90.
_ Sole Procfte rsitit (Ocvn�s Social Security Number) (See Reverse) ——— —— ————
(You die Schedule C. F orm 1040)
NOT: 00 NOT me coots tdsnens" ' soar mad for isms 941.940.=wpm
_ Partnership (Pail rsni�s Federal Employer Idattfi ion Nuateer (FEN)) -
(You file Form ,06S)
Estate/Trust (Legal Entity's FT.- -
- MOThCe na ima a manta"mat at,s anal saeastee a as mgr at SS ear leaf la as
ass.a me a ea —ea arse an mon a,—ma taa ifSR
Carootation (Corporation's ^ C) (You file Form II= -
-
Tax Exempt Orgatuzauon (Orgatuttion's FlI) -
-
x Governmental/Non-Front (Public Entity's r'IV) 8 4 - 6 0 0 0 8 1 3
Association/Cub (Association/Cub's F'I) -
NOTE If no name u cram when tsars u more than one name. the names writ be SAS to be that of the urn name tined.-
E Giecic here i TIN number 'anviied for Liccsed Realtor Yes _ No
ander penalties of Fernery, I certify that
w The pamper shown on :ids :arm is my cram =payer identinaaion monies (or I am totting for a number to be issued to me.
AND
a) I am not sublet to baecai aahholdpng beau= (a) I am rot from bm7vm mithhaldbtg, or (b) I have not bet notillai by the
Internal Revenue Seri= (IRS) that I am sublet to Saba xmiamidotg as a tilt e.1 a nalwe to report.ail interest or divriena.
or it the IRS has natuiea me that I am no longer mainx to barium withholding (does not apply to reed estate trmnactians
mortgage Unrest rani. the acquisition of abandonment of stoat proterty, contribution to an individual retirement arratgtmzn
(IRA), ant rr wens other than insert= and dividends)
Certification lnsttuct:ons.— Yau must cross out cent (2) above if you imam beet natmad by IRS that you are currently sublets to bad=
totthholding dermcse or inaarecommg interest or is ands on your tar mum (Also see Signing the Cctirrozdan an the rams off rmJ
Walter J. Speckman, Executive Director
Name (Print or Type: / Title (Print or Type
/ , 7, /
Signature ,/ /! -- — -- -- Date Tdepiione ( 3 0 3 ) 3 5 3_3 8 1 6
DO NOT ` r_ „c_OW 77-71.9. _IINE
AC ICY USE ONLY
Agency _ _ _ 1099 Y _ N _ 'J=NT) Addition _ Clanger
Aoprovea 7v .Acton Completed By Dare
0 ".n•T Sze-pti»
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SPECIAL INSTRUCTIONS FOR SOLE OPRIETORSHIP TAX IDENTIFICATION %UMBER (TIN)
If you are doing business with the State of Colorado as an individual or sole proonetorship your Tax Identification
Number (TIN) IS your Social Security Number. A Federal Employer identification Number (FEIN)may have been assigned to a
sole proprietorship, but this is not used for 1099 reporting purposes. It is used only for the resorting of taxes withheld from
employees, Highway Vehicle taxes and excise taxes. The FEIN is to be used on Forms 940, 941, 720 and 290.
NAME
Enter First and Last name EXACTLY as it appears on Social Security Card, if an individual or doing business as a sole
proprietor. However, if you have changed your last name, for instance, due to marriage, without informing the Social Security
Administration of the name change, please enter your first name and both the last name shown on your social security card
and your new last name. Enter the name you are Doing Business OR As (DBA) on the second line.
Enter Legal Business name EXACTLY as registered with the IRS, if operating as a corporation, partnership, trust, club,
association, or entity other than an individual or sole proprietorship. If doing business under a second name (DBA) enter
DBA name on second line. payments _
Information returns
MUST 0995), if CHECK applicable, and
THE BUS NESSTYPE THATbe sent to the CORRESPONDS WITH THE NAMEe listed on the first )ine.
ENTERED.
HOW TO OBTAIN A TIN
If you do not have a TIN, you should apply for one immediately. To apply for the number, obtain Form SS-5, Application
for a Social Security Number Card (for individuals), or Form SS-4, Application of Employer Identification Number (for
businesses and all other entities), at your local office of the Social Security Administration or the Internal Revenue Service.
Complete and file the aupropnate form according to its instructions.
To complete Form W-9 if you do not have a TIN, check "Applied For" box in the space indicated on the front, sign and
date the form, and give it to the requester. For payments that could be subject to backup withholding, you will then have 60
days to obtain a TIN and furnish it to the requester. During the 60-day period, the payments You receive will not be subject to
the 20% backup withholding, unless you make a withdrawal. However if the requester does not receive your TIN from you
within 60 days, backup withholding, if applicable, will begin and continue until you furnish your TIN to the requester.
Note: Writing "Applied For' on the form means that you have already applied for a TIN OR that you intend to apply for one in the
near future.
As soon as you receive your TIN, complete another Form W-9, include your new TIN, sign and date the form, and give it
to the requester.
SIGNING THE CERTIFICATION
(1) Interest, Dividend, and Barter Exchange Accounts Opened Before 1984 and Broker Accounts That Were Considered
Active During 1983. — You are not required to sign the certification; however, you may do so. You are required to provide
your correct TIN.
(2) Interest, Dividend, Broker and Barter Exchange Accounts Opened After 1983 and Broker Accounts That Were
Considered Inactive During 1983. — You must sign the certification or backup withholding will apply. If you are subject to
backup withholding and you are merely providing your correct TIN to the requester, you must cross out item (2) in the
certification before signing the form.
(3) Real Estate Transactions. — You must sign the certificanon. You may cross out item (2) of the certification if you
wish.
(4) Other Payments. — You are required to furnish your correct TIn, but you are not required to sign the certification
unless you have been notified of an incorrect TIN. Other payments include payments made in the course of the requester's
trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services, payments to a
nonemployee for services (including attorney and accounting fees), and payments to certain fishing boat crew members.
(5) Mortgage Interest Paid by You, Acquisition or Abandonment of Secured Property, or IRA Contributions. — You
are required to furnish your correct TIN, but you am not required to sign the certification.
(6) Exempt Payees and Payments. — If you are exempt from backup withholding, you should complete this from to avoid
possible erroneous backup withholding. Enter your correct TIN in LEGAL BUSINESS DESIGNATION section, and write
"EXEMPT-' above your signature, sign and date the form. If you are a nonresident alien or foreign entity not subject to backup
withholding, give the requester a competed Form W-8, Certificate of Foreign Status.
OTHER
Signature. — For a joint account, only the person whose TIN is shown in LEGAL BUSINESS DESIGNATION should sign
the form.
Privacy Act Notice. — Section 6109 requires you to furnish your correct taxpayer identification number (TIN) to persons
who must file information returns with IRS to report interest, dividends, and certain other income paid to You, mortgage
interest you paid, the acquisition or abandonment of secured property, or contributions you made to an individual retirement
arrangement (IRA). IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return. You
must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 20% of taxable
interest, dividend, and certain other payments to a payee who does not furnish a TIN to a payer. Certain penalties may also
apply.
Or-,.4g ,x cm
Attachment 1
DEFINITIONS
1 . APPLICANT (AN INDIVIDUAL) - An individual who applies to a
JTPA Service Delivery Area ( SDA) Grant Recipient or subreciti-
ent for employment, training and/or services provided under
JTPA. An applicant found to be eligible for the program
remains an applicant until the provisions for "participant"
have been met. If the applicant becomes a participant, this
information becomes part of the Participant record and subject
to Federal record retention requirements . (See Participant. )
2. CERTIFICATION - The signature of the applicant must be
obtained from the applicant attesting that the information on
the application is true to the best of the applicant' s
knowledge and there is no intent to commit fraud. The
signature should acknowledge that the information on the
application will be used to determine eligibility, that the
applicant may be required to document the accuracy of the
information and that the information is subject to external -
verification and follow-up information and may be released for
such purposes . The signature should also acknowledge that, if
found ineligible subsequent to enrollment, the applicant will
be terminated . If the applicant is terminated as a result of
falsifying information on the application, he/she may also be
prosecuted for fraud . In the case of a minor ( except minors
who are heads of households ) , the signature of a parent,
guardian, or other responsible adult is required .
3 . CERTIFICATION - EDWAA - A document provided by an SDA to an
eligible dislocated worker verifying their status and autho-
rizing continuing eligibility for a period not to exceed 104
weeks .
4. CITIZENSHIP - All participants must be citizens or nationals
of the United States , lawfully admitted permanent resident
aliens , lawfully admitted refugees and parolees , or other
individuals authorized by the Attorney General to work in the
United States [Section 167 ( a) ( S ) ] .
5. COMPLETION OF TRAINING - The participant has met or achieved
the minimum prescribed period of training, as described in the
training agreement in accordance with the Scope of work of
this Contract, and has attained the minimum level of perfor-
mance or skill associated with the training activity.
Completion of training also includes the attainment of two or
more youth competencies . One reimbursement for "completion of
training" which appears in the Schedule of Reimbursement
cannot be exceeded .
Page 1 of 11
6 . CONTRACT - A procurement instrument by which GJTC , and SDA
grant recipient, or a subrecipient pays for property , servic-
es , supplies , materials or equipment .
7 . CONTRACTOR - Any person, corporation, partnership , public
agency, or other entity which enters into a contract with the
Governor ' s Job Training Office, an SDA grant recipient or a
subrecipient under the Act .
8 . ECONOMICALLY DISADVANTAGED - An applicant is considered to be
economically disadvantaged if he/she meets one of the follow-
ing:
A. Families ReceivingPublic Assistance/AFDC - The applicant
or the applicant ' s family and household received income
or payments were made on behalf of the individual or the
individual ' s household by the state pursuant to the State
of Colorado approved Title IV SSA State Plan.
B. Families Receiving General Assistance - The applicant or
. the applicant' s family is receiving state or local
government cash assistance.
C. Families Receiving Refugee Assistance - The applicant or
the applicant' s family is receiving income or money
payments under the Refugee Assistance Act of 1980 (Public
Law 96-212 ) .
D. Families Receiving Public Assistance - SSI - The appli-
cant or the applicant' s family is receiving supplemental
income or money payments pursuant to the Social Security
Income for the Aged , Blind and Disabled) .
E. Annual Farr( y Income Does Not Exceed OMB Poverty Level or
70 Percent of the Lower Living Income Level, - The
applicant is a member of a family which had an annual
family income, in relation to family size and location,
that did not exceed either ( 1 ) the most recently estab-
lished poverty levels determined in accordance with
criteria established by the office of manacement and
Budget (OMB) or, ( 2 ) 70 percent of the lower living
standard income level, whichever is treater.
F. Food Stamp Recipient - The applicant is receiving food
stamps pursuant to the Food Stamp Act of 1977 .
G. Foster Child - a youth 14-21 years of age on whose behalf
state or local government payments ( excluding OASI ) are
made for the physical support and shelter of the child .
This may include youth who have been made a ward of the
court, including those in the following categories :
- Youth in State Institutions
- Youth in Community Group Homes
- Youth in Foster Homes
H. Adult Handicapped Individual - The applicant is an adult
handicapped individual whose own income would meet the
Page 2 of 11
requirements for inclusion in one of the above items .
I. Youth Handicapped Individual - May be considered a
nondependent individual if the applicant is 14 or older
and living with his/her family and receiving assistance
from a state funded ( see definition of state-funded
program) program, and not one of the parents of the
family.
J. Homeless - "A homeless individual who meets the criteria
of Sections 103 ( a) and ( c) of the Stewart B. McKinney
Homeless Assistance Act is presumed to be economically
disadvantaged for purposes of eligibility under the JTPA
unless demonstrated otherwise. " (TEIN #8-89 )
9 . EMPLOYED - An individual who , during the 7 consecutive days
prior to application to a JTPA program, did any work at all:
• As a paid employee;
• Has his or her own business, profession or farm; or
• Worked 15 hours or more as an unpaid worker in an
enterprise operated by the member of the family; and any
individual who was not working, but has a job or business
from which he or she was temporarily absent because of
illness , bad weather, vacation, labor-management dispute
where the position has not been refilled by management,
or personal reasons , whether or not paid by the employer
for time off, and whether or not seeking another job.
(This term includes members of the Armed Forces on active
• duty, who have been discharged or separated; participants
in registered apprenticeship programs; and self-employed
individuals ) .
1O. ENTERED TRAINING - The point of time at which a participant
enters into any training activity allowable under the terms of
the contract.
11. FAMILY INCOMF, - The amount and source of all reportable family
income for the prior 6 months ; this is the total annualized
family income when multiplied by two . The income of a spouse
and/or other family members shall only be counted for the
portion of the income determination period that the person was
actually a part of the family unit of the applicant.
NOTE: For applicants who report an absence of income or other
means of support, for the income determination period , have
the applicant describe his/her specific circumstances . This
may be done directly on the application in the space provided .
INCLUSIONS IN FAMILY INCOME:
Gross wages and Salary - The total money earnings received
from work performed as an employee. It represents the amount
paid before deductions for income taxes , social security
Page 3 of 11
taxes , bond purchases , union dues , etc .
Net Self-Employment Income - Net income ( gross receipts minus
operating expenses ) from a business firm, farm, or other
enterprise in which a person is engaged on his/her awn
account.
Other Money Income - Money received from sources such as net
rents , pensions , alimony, governmental retirement payments,
Armed Forces retirement payments (other than compensation for
disability or death, per Title 38 , U.S .C. , Chapter 11 ) , income
from insurance policy annuities , and other sources of income
not included here.
If a family ' s only source of income was from wages and salary
payments, family income would be equal to gross wages and
salary received.
EXCLUSIONS FROM FAMILY INCOME:
A. Non-cash income, such as food stamps , or compensation
received in the form of food or housing.
B. Rental value of owner-occupied property.
C. Public assistance payments .
D. Cash payments received pursuant to a state plan approved
under Title II, IV, X, or XVI of the Social Security Act
of disability insurance payments received under Title II,
Section 423 , of the Social Security Act or under Old Age
and Survivors Insurance (OASI) .
E. Federal, State, or local unemployment benefits.
F. Payments made to participants in employment and training
programs .
G. Capital gains and losses .
H. One-time unearned income, such as , but not limited to :
• Payment received for a limited fixed term under
income maintenance programs and supplemental (pri-
vate) unemployment benefit plans .
• One-time or fixed-term scholarship and fellowship
grants .
• Accident, health, and casualty insurance proceeds .
• Disability and death payments , including fixed-term
( but not lifetime) life insurance annuities and
death benefits .
• One-time awards and gifts .
• Inheritances, including fixed-term annuities .
• Fixed-term worker' s compensations awards .
• Terminal leave pay.
• Soil bank payments .
• Agriculture crop stabilization payments .
I . Pay or allowances previously received by any veteran
while serving on active duty in the Armed Forces (U .S . ) .
Also , exclude payments received for participation in
Page 4 of 11
National Guard or military , naval, or air force reserve
activities and VISTA stipends .
J . Educational assistance and compensation payments to
veterans and other eligible persons under Title 38 ,
United States Code, Chapters 11 , Compensation for
Service-Connected Disability or Death; 13 , Dependence and
Indemnity Compensation for Service-Connected Death; 31 ;
Vocational Rehabilitation; 34 , Veterans ' Education
Assistance; 35 ; War Orphans ' and Widows ' Educational
Assistance; and 36 , Administration of Educational
Benefits .
K . Payments received under the Trade Act of 1974 .
L. Black Lung payments received under the Benefits Reform
Act of 1977 (PL 5-239 ) , 30 USC 901 ) .
M. Child support payments .
12. HANDICAPPED INDIVIDUAI2 - Those individuals evaluated and
documented as being mentally retarded, hard of hearing, deaf,
speech impaired, blind , visually impaired , seriously emotion-
ally disturbed, orthopedically impaired, other health im-
paired , deaf-blind , multi-handicapped , or as having a develop-
mental disability, chronic mental illness , major mental
illness , organic brain syndrome, specific learning disabili-
ties , who because of those impairments, need special education
and/or related employment and training services .
Adapted from the Education of All Handicapped Children Act
(P .L. 94-142 ; Reg. 300 .5 .a) .
13 . OLDER WORKER - A person who is 55 years or older, and is
economically disadvantaged.
14. PARTICIPANT - Any individual who has :
A. Been determined eligible for participation upon intake; and
B . Enrolled in an activity.
15 . PLACEMENT - The act of securing unsubsidized employment for or
by a participant, as a paid employee of an legally authorized
business , industry or enterprise including non-profit organi-
zations . Paid employee means one who is carried on the
employer ' s payroll/personnel records , is self-employed, is
entered into a registered apprenticeship program or the Armed
Forces .
16 . SELECTIVE SERVICE REGISTRANT - If the applicant is a male
citizen of the U .S . or other male person residing in the U.S . ,
who was born on or after January 1 , 1960 , and is between the
age of 18 and 26 , he must register. An applicant who is not
registered will be ineligible for JTPA funded services until
he has done so .
Page 5 of 11
(.3'/7 :.-k m
17 . SELF EMPLOYED - Any professional , independent trades person,
or other business person who works for him/herself. Such a
person may or may not be incorporated or in a limited partner-
ship . A family member who provides professional services in
the affected business of at least 15 hours per week and
receives a salary or wage from the self-employed individual
may also be considered to be a self-employed individual.
18 . SUBSTANCE ABUSE - The applicant has a substance abuse problem
that constitutes a barrier to employment. Substance abuse
means the abuse of alcohol or other drugs .
19 . TRAINING¢ -Activities which enable a participant to acquire the
skills , abilities , knowledge, work habits , and/or procedures
needed to obtain or enhance his/her employment.
20 . DISLOCATED WORKER - EDWAA provides training to persons who
have lost their employment due to economic circumstances
beyond their control. All participants in EDWAA must meet .
both the general and specific criteria below. _
I. GENERAL CRITERIA
All participants must be citizens or nationals of the United
States, lawfully admitted permanent residents , lawfully
admitted refugees and parolees , or other individuals authori-
zed by the Attorney General to work in the United States
[Section 167 ( a) ( 5 ) ] .
All participants must be in compliance with Section 3 of the
Military Selective Service Act (Section 504) .
All participants must be enrolled within 45 days of the date
of application or a new application must be completed and
signed, unless the individual has been issued a certificate of
continuing eligibility. No subsequent application need be
taken if the provider has an application on the individual.
II. SPECIFIC CRITERIA
To meet the specific criteria for EDWAA, each participant must
meet the definition of al least one of the following catego-
ries of dislocated workers given below and the participant ' s
job of dislocation must have ended within the last five years .
A. Layoff/Unemployment Insurance/Unlikely to Return
Applicant has been laid off, or applicant' s job has been
terminated or a notice of termination or layoff has been
received) ; and applicant is eligible for or has exhausted
unemployment insurance benefits ; and applicant is
unlikely to return to his/her previous occupation or
Page 6 of 11
industry without assistance .
B. Plant Closure/Substantial Layoff
Applicant has been terminated (or received a notice of
termination) form employment as a result of a permanent
closure or of a substantial layoff ( see definition) at a
plant, facility or enterprise.
C. Long-term Unemployed/Unlikely to Return
Applicant has been unemployed 1S weeks or more following
dislocation or other separation and is unlikely to return
to his/her previous industry or occupation without
assistance.
D. Self-Employed in Financial Distress
Applicant was self-employed ( including farmers and
ranchers ) and is unemployed as a result of general
economic conditions in the community of residence or
because of natural disaster that has caused the individu-
al to lose the business . Qr the applicant is self-
employed ( including farmers and ranchers ) and has
evidence of impending business failure.
III. ADDITIONAL DESCRIPTION OF SELF EMPLOYED IN Dr THE
The purpose of this section is to describe the circumstances
under which a self-employed applicant may be eligible for
EDWAA services. A self-employed applicant that is still
employed must document evidence of impending business failure
as described in Section A or B . A self-employed applicant
that is unemployed (or stop-gap employed) must specify the
economic conditions or natural disaster that caused the
individual to lose the business , as described in Section C or
D.
A. Evidence of Impending Business Failure
A self-employed applicant currently employed but in the
process of going out of business , must document one or
more of the following circumstances :
• Notice of foreclosure or intent to foreclose
• Notice of intent to repossess inventory or neces-
sary business equipment or property;
• Entry of the self-employed individual into bank-
ruptcy proceedings ;
• Consistent reduction in business income resulting
in net loss in each of the last two years , as
documented by tax returns .
Page 7 of 11
Note : Documentation of such evidence would be : source
document or third party verification ( e.g . banker,
lawyer, independent accountant) of eligibility criteria.
B. Farmer/Rancher Going out of Business
A farmer/rancher can be considered in the process of
going out of business if he/she is experiencing one or
more of the following conditions :
• Has filed for bankruptcy or has been foreclosed or
received a notice of intent to foreclose; or
• Is unable to get a loan needed to continue produc-
tion; or
• Has debt-to-asset ratio of 70% or more (consistent
with U.S . Dept. of Agriculture specifications for
likely farm/ranch failure) .
C'. General Economic Conditions _
General Economic Conditions which cause an individual to
lose a business include; but are not limited to :
• Failure of one or more businesses to which the
self-employed individual supplied a substantial
proportion of products or services;
• Failure of one or more businesses from which the
self-employed individual obtained a substantial
proportion of products or services;
• Large-scale layoff(s ) from, or permanent closure( s )
of one or more plants or facilities that support a
significant portion of the State or local economy;
D. Natural Disasters
Natural disasters that cause the unemployment of a self-
employed individual include, but are not limited to :
hurricane, tornado , storm, flood , highwater, wind-driven
water, tidal wave, tsunami, earthcuake, volcanic erup-
tion, landslide, mudslide, snow storm, drought, fire
explosion or other catastrophe.
IV. SPECIAL CIRCUMSTANCES
The categories of eligibility listed in Section II Specific
Criteria do not stand alone but include definitions and
special circumstances . The purpose of this section is to
further clarify and define the conditions under which appli-
cants can be made eligible for EDWAA.
A. Unlikely to Return
Page 8 of 11
E - 7
For the purpose of determining EDWAA elig ' " y for
dislocated workers under the Layoff/UI/Unlikely to Return
or Long-term Unemployed/Unlikely to Return categories ,
"unlikely to return to work" must be established by at
least one of the following conditions .
• Skill Oversupoly - state or local supply of persons
with the specific skills of the applicant exceeds
current demand for those skills; or
• Obsolete Skills - Applicants can no longer meet the
minimum requirements of jobs available in their
occupation (e.g. , clerical worker without word
processing skills , etc. ) ; or
• Only Stop-Gap Available - Jobs available to appli-
cant would be temporary or substantially below
applicant ' s accustomed skill, hour, or wage level
( see stop-gap) ; or
• - Local Layoff Impact - A local plant. or - business
-- -closing or layoff has had a significant negative
impact on the availability of jobs in the
applicant ' s primary occupation and accustomed
wage/hour/skill level; or
• No Job Offers Received - Applicant has been avail-
able and looking for work for a number of weeks and
has not received an offer for work; "number of
weeks" might range from 6 to 12 weeks , depending on
the occupation, economy, and/or applicant' s veri-
fied job search efforts; or
• Other Factors - Factors that can be recorded in .the
client' s file from written or verbal sources , such
as age for older individuals , and including staff
judgment.
B. Previous Occupation/Industry
For the purposes of EDWAA eligibility, previous occupa-
tion or industry relates directly to the job of disloca-
tion, not the most recent job if this job is considered
stop-gap employment.
C. Stop-Gap Employed
An applicant may be currently employed or may have had
other employment following dislocation and still qualify
under one of the four EDWAA eligibility categories , if
the employment can be considered "stop-gap" . Stop-gap
employment is a job that is substantially below the
Page 9 of 11
- •
applicant ' s accustomed skill level, or that pays 80% or
less than wage at dislocation, or offers 80% or less than
the applicant ' s hours at dislocation.
Stop-gap employment cannot be with the same employer as
the job of dislocation. In fact, if a participant
accepts employment with the employer of dislocation
following enrollment, the participant must be immediately
terminated from the program.
D. Job of Dislocation
The economic dislocation of an individual as described in
EDWAA implies the existence of a job of dislocation. The
job of dislocation is the job that qualifies the individ-
ual under one of the four eligibility categories listed
in Section II Specific Criteria. This job must have
ended within the last five years and must be documented .
- - Under the categories for Plan Closing/Substantial Layoff
and Layoff/UI/Unlikely to Return, the job of dislocation
is the job from which the applicant has been laid off.
For a self-employed individual, owning/operating the
business that has been lost or shows documented evidence
of impending failure is the job of dislocation. For
long-term Unemployed/Unlikely to Return, the job of
dislocation is the job that ended 15 weeks ago. This job
may have ended by resignation, termination for cause or
other non-economic conditions, but after fifteen weeks of
job search with no success , the applicant can be consid-
ered economically dislocated.
E. Displaced Homemaker
Displaced homemakers are a special category of dislocated
workers that do not fit within the four main EDWAA
eligibility categories . Displaced homemakers may be
enrolled only by a substance area only under the 10%
special needs program and only if the following condi-
tions have been met:
• The Substate Area has identified them as a target
group in their EDWAA plan; and
• They are not eligible for Title II-A; and
• They meet the definition of displaced homemaker;
and
• Services to displaced homemakers will not adversely
affect services to other dislocated workers .
F. Early/Forced Retirement
Individuals who accept early or forced retirement as part
Page 10 of 11
of a reduction in a work force may be considered to have
been terminated or laid off, or received notice of
termination or lay off as appropriate.
G. Temporary Employees
An applicant cannot be automatically disqualified for
EDWAA enrollment because the job of dislocation was not
considered a permanent position. An employee under a
temporary contract, or placed by a temporary employment
agency, with an employer may be made eligible under the
same category as regular employees of the company
(substantial layoff, plant closing) . If the dislocation
was not caused by a closing or substantial layoff, the
applicant must be shown to be unlikely to return (UI or
the temporary agency can confirm) . However, temporary
employees who are unemployed because the project or
undertaking for which they were hired has been completed
are considered dislocated only after the conditions for
the Long-term Unemployed/Unlikely to Return category have
been met. _ . _
Page 11 of 11
Agency #
Appropriation #
Contract Routing #
Contract #
Encumbrance #
MASTER CONTRACT
THIS CONTRACT, made this of , 1992, effective July 1 , 1992
by and between the State of Colorado, represented by the Governor ' s
Job Training Office, hereinafter referred to as GJTO, or the State,
and Weld County, hereinafter referred to as the Contractor.
WHEREAS , authority exists in the Job Training Partnership Act
(JTPA) of 1982 , also known as P .L. 99-570 , as amended , and in the
Economic Dislocation and Worker Adjustment Assistance Act ( EDWAA)
and the Governor has received a grant of federal funds thereunder;
and
WHEREAS , the JTPA (Section 101 [a] [II] , requires the designation of
Service Delivery Areas (SDAs ) by the Governor; and
WHEREAS , Executive Order D0010 83 of March 15 , 1983 , has designated
this SDA in accord with JTPA: and
WHEREAS , required approval, clearance and coordination has been
accomplished from and with appropriate agencies; and
WHEREAS, contract authority for Weld County resides in the Weld
County Board of County Commissioners; 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
Number 100, Appropriation Number , Contract Encumbrance
Number ; and
WHEREAS , the Contractor has selected the entity (or entities ) which
will receive and administrate funds from the state in accordance
with Section 104 ( b) ( 1 ) of JTPA.
NOW THEREFORE, in consideration of the mutual promises hereinafter
set forth, the parties enter into the following agreement:
2. DEFINITIONS
A list of definitions to be used in the interpretation of
this Contract is attached hereto as Attachment 1 and by this
reference is incorporated herein.
Page 1 of 21
e? .na , ,
II. STATEMENT OF WORK
The Contractor agrees to perform, in a professional and
workmanlike manner, the obligations and responsibilities set
forth in the "Allowable Programs" , Section II .A of the
Contract.
A. Allowable Programs
A. 1 The Contractor and its administrative entity has
prepared a two-year Job Training Plan (JTP ) in
accordance with Section 104 of JTPA. The 92-93 JTP,
by this reference is hereby incorporated and made part
of this Contract as if fully set forth herein.
A. 2 GJTO shall provide funds to the SDA for activities
pursuant to the approved JTP referenced in Section
II.A.1 .
A. 3 In addition to the funds provided for the basic grant
activities identified in the approved JTP, GJTO may
provide funds to the Contractor for the following
other activities :
A. 3 . a Training programs for older individuals (those
individuals 55 years or older) , (Section 124 of
JTPA) ;
A. 3 .b Technical assistance incentives for superior
performance, and serving hard-to-serve individ-
uals (Section 202[b] [ 3 ] of JTPA) ;
A. 3 . c Auditing, administrative, and other activities
(Section 164 of JTPA) ;
A. 3 .d Training program for dislocated workers ( Sec-
tion 301 [b] of JTPA) , as recommended by EDWAA;
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; and
A. 3 .g Other funds for employment and training-related
programs.
Page 2 of 21
A. 4 GJTO shall provide funds for Summer Youth Employment
and Training Programs in accordance with Part B,
Section 251 of JTPA, if such activities are not
originally included in the JTP by the Contractor .
B. Maximum Funding
B. 1 GJTO shall provide the Contractor an amount not to
exceed Two Million, Eleven Thousand Seventy Four
Dollars ( $2 , 011 , 074 ) of funds awarded to the State of
Colorado for activities identified in Section II .A for
the period of July 1 , 1992 to June 30 , 1995 .
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
increments . Therefore, GJTO shall limit the amount
requested by the Contractor for each Expenditure
Authorization (EA) to the amount in the GJTO Notice of
Fund Availability.
C. Expenditure Authorization Procedures
C. 1 Prior to the expenditure of any funds identified in
Section II .B above, an EA must be submitted by the
Contractor and approved by GJTO.
C. 2 An EA is a document prepared by the Contractor which
shall include the following:
C. 2 . a Type of funds identified in Section II .A of
this Contract, which the Contractor is request-
ing;
C. 2 . b The Scope of work to be performed by the Con-
tractor:
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 II .A
above.
C. 2 . e Special Provisions; and
C. 2 . f Signature page signed by the Private Industry
Page 3 of 21
C - '" ;
Council (PIC) Chair, the SDA Director, and
GJTO; if the total amount of the EA is One
Hundred Thousand Dollars ( $100 , 000 ) or less .
The PIC may authorize the SDA Director to sign
in lieu of the PIC Chair for EAs under One
Hundred Thousand Dollars ( $100 , 000 ) or less .
If the EA is over One Hundred Thousand Dollars
( $100 , 000 ) , the Local Elected Official must
sign in addition to 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 .
C. 3 The Contractor may include EA provisions (C. 1 and
C. 2 ) in its subcontracts . Upon approval by GJTO"
of the Contractor ' s EA policy and procedures for
its subcontractors , GJTO shall be a third party
beneficiary of such provisions. The Contractor
shall be obligated to GJTO for the enforcement of
such provisions .
D. Modification Procedure for EA Budget
The Contractor may modify the EA and its budget in
accordance with GJTO policies and procedures with prior
written approval of both PIC and GJTO.
E. Property
To purchase property with JTPA funds , a Property Requisi-
tion and Authorization Form (PRAF) must be submitted to ,
and processed by, GJTO. The property must be purchased
within 60 days of the approval of the PRAF as set out in
JTPA Letter #90-23 .
F. Duration
The JTP shall remain in full force and effect for the
entire Contract period , unless changes in labor market
conditions , funding, or other factor require substantial
modifications as provided in Section 104 (c) of JTPA. Such
a modification would require an amendment to this Con-
tract.
G. Annual Report
Page 4 of 21
e ,:-
The Contractor shall submit an annual report by September
30 , each year as required by JTPA Letter #86-18 ( December
16 , 1986 ) . The report shall include:
G. 1 A description of activities/services conducted during
the program year for Title II-A, Title III , EDWAA 8%
and 3% programs .
G.2 A list of client characteristics and the number of
each served;
G. 3 A list of occupations in which training took place and
the number of participants in each.
G. 4 A summary of the SDA' s performance in meeting feder-
al/state standards;
G.5 Status of coordination agreements and description of
innovative coordination taking place which would be of
special interest to other SDAs , the Job Training
Coordinating Council, and the Governor;
G. 6 An evaluation of service providers which include
ability to meet performance goals , cost , quality of
training, and characteristics of participants ; and
G. 7 A summary of the Contractor' s monitoring of subrecip-
ient contracts , corrective actions taken, and the
results of such corrective actions .
H. Exhibits
The terms and conditions contained in the PY 92-93 JTP are
by this reference, incorporated herein. Exhibit A,
attached hereto, is incorporated and made a part hereof.
Exhibit A - PY 92-93 JTP
III. PERIOD OF PERFORMANCE
The period of performance shall be from July 1 , 1992 to June
30, 1995 .
IV. GENERAL PROVISIONS
The Contractor agrees to perform in accordance with, and to
comply with, the General Provisions , attached to this
Contract, and by this reference hereby incorporated into this
Contract.
V. SPECIAL PROVISIONS
Page 5 of 21
r _n
The Contractor agrees to perform in accordance with, and to
comply with, the Special provisions attached to this Con-
tract.
VI. EOUAL EMPLOYMENT OPPORTUNITIES/AFFIRMATIVE ACTION
A. Equal Employment Opportunity Requirements
The Contractor shall insure Equal Employment Opportunities
(EEO) to all individuals and shall take Affirmative Action
(AA) to insure adequate utilization of members of protect-
ed classes of workers who have been victims of past
discrimination.
EEO shall mean that no individual shall be excluded from
participation in, denied the benefits of, subjected to
discrimination under, or denied employment in the adminis-
tration of or in any program funded under this section
because of race, color, or national origin, age, handicap,
or political affiliation or belief.
Contractors shall be governed by the prohibitions against
discrimination on the basis of age under the Age Discrimi-
nation Act of 1975 , on the basis of handicap under Section
504 of the Rehabilitation Act, on the basis of sex under
Title IX of the Education Amendments of 1972 , or on the
basis of race, color, or national origin under Title vI of
the Civil Rights Act of 1976 . Programs and activities
funded under this Act are considered to be programs
receiving Federal financial assistance and are all subject
to all provisions of EEO.
VII. CERTIFICATION REGARDING LOBBYING
By signing this Contract, the undersigned certifies , to the
best of his or her knowledge and belief, that:
A. No Federal appropriated funds have been paid or will be
paid , by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or
employee of Congress , or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal ,
amendment , or modification of any Federal contract, grant ,
loan, or cooperative agreement .
B. If any funds other than Federal appropriated funds have
Page 6 of 21
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report
Lobbying" , in accordance with its instructions .
C. The undersigned shall require that the language of this
certification be included in the award documents for all
*subawards at all tiers ( including subcontracts , sub-
grants , and contractors under grants , loans , and coopera-
tive agreements ) and that all subrecipients shall certify
and disclose accordingly .
D. This certification is a material representation of fact
upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is
a prerequisite for making or entering into this transac-
tion imposed by Section 1352, title 31 , U.S . Code. Any
person who fails to file the required certification shall
be subject to a civil penalty of not less than $10 , 000 and
not more than $100 ,000 for each such failure.
*Note: "All" applies to covered contract/grant transac-
tions over $100 , 000 (per OMB) .
Page 7 of 21
GENERAL PROVISIONS
I . 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.
II. PAYMENT CONTINGENCY
The parties hereto expressly recognize that the Contractor is
to be paid , reimbursed or otherwise compensated with funds
provided to GJTO by the United States Department of Labor
under the Job Training Partnership Act ( JTPA) and/or Economic
Dislocation and Worker Adjustment Assistance Act ( EDWAA) .
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 funds . If
any part of the funds are not received by GJTO, for any
reason, GJTO may unilaterally terminate this Contract, or,
with the consent of the Contractor, modify the terms hereof.
Insofar as this contingency affects the Contractor, subreci-
pients or suppliers, for mutual protection of the parties , the
Contractor agrees to include this contingency in all its
subcontracts .
III. TERMINATION
The performance of work under this Contract may be terminated
by GJTO in accordance with this clause in whole or in part.
A. GJTO may terminate this Contract when it has been
determined that the Contractor has failed to provide any
or all of 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 GJTO for correction of
deficiencies . If the Contractor does not respond within
the appointed time with appropriate plans, GJTO shall
serve a termination notice on the Contractor.
B. GJTO may terminate this Contract if it is determined that
the Federal Government has debarred or suspended the
Contractor within a three year period preceding this
Page 8 of 21
e^+ n'1,
Contract , or debars the Contractor during the term of
this Contract .
C. GJTO may request a termination of this Contract for
convenience, giving a thirty ( 30 ) calendar day advance
notice in writing of the effective date of such termina-
tion. The Contractor receiving notice shall be entitled
to receive just and ecuitable compensation for any
allowable services satisfactorily performed hereunder
through the date of termination.
D. GJTO may request in writing, a termination of this
Contract when both parties agree that continuation of the
services specified in Section II , Statement of work,
would not produce beneficial results commesurate with the
further expenditure of funds .
E. After receipt of a notice of termination, the Contractor
shall :
E. 1 Stop work under the Contract on the date and to the
extent specified in the notice of termination .
E. 2 Place no further orders or subcontracts for materi-
als , services , or facilities , except as may be
necessary for completion of such portion of the
work already substantially performed under the
Contract.
E. 3 Terminate all orders and subcontracts to the extent
that they relate to the performance of the work
terminated by the notice of termination.
E.4 Assign to GJTO all of the rights , title and inter-
est within the Contract. GJTO shall have the
right, at its discretion, to settle or pay any or
all claims arising out of the termination of this
Contract.
E. 5 Settle all outstanding liabilities and all claims
arising out of such termination of orders and
subcontracts in accordance with the provisions of
this Contract.
E. 6 Transfer title of all Contract property to GJTO ( to
the extent that title has not already been trans-
ferred ) and deliver in the manner and at a time
specified by GJTO.
E. 7 Take such action as may be necessary or as may be
directed , for the protection and preservation of
the property related to this Contract which is in
Page 9 of 21
the possession of the Contractor and in which GJTO
has or may acquire an interest.
F. After receipt of a notice of termination, the Contractor
receiving notice shall submit to GJTO its completed and
acceptable closeout package in the form and with the
certification prescribed by GJTO. Such closeout package
shall be submitted promptly, but in no event later than
two ( 2 ) months from the effective date of termination,
unless one or more extensions in writing are granted by
GJTO.
G. The Contractor shall have the right to appeal any
unilateral determination to terminate in accordance with
JTPA. In any case, where GJTO has made a determination
of the amount due, GJTO shall pay the Contractor the
following:
G. 1 If there is no right of appeal hereunder or if no
timely appeal has been submitted, the amount so
determined by GJTO; or
G. 2 If an appeal has been submitted, the amount finally
determined on such appeal.
H. GJTO may, from time to time, under such terms and
conditioned 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 GJTO, the aggregate of such
payment shall be within the amount to which the Contrac-
tor will be entitled hereunder.
IV. MANAGEMENT ACTIVITIES AND RECORD MAINTENANCE
A. In addition to any requirements imposed elsewhere in this
Contract, the Contractor shall ensure that sufficient,
auditable and otherwise adequate records that will
provide accurate, current, separate and complete disclo-
sure 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.
Accordingly, recipients/subrecipients shall maintain a
copy of the Participant Record which records any par-
ticipant ' s participation in the JTPA program, including
dates of entry and termination and shall retain such
records at least a minimum of three years . The time
necessary to resolve litigation, audit or claim involving
Page 10 of 21
•
the grant or agreement covered by the records , which was
initiated prior to the end of the three-year retention
period does extend the retention period .
B. The Contractor shall ensure that it will comply with the
provisions of GJTO' s Audit Policy and Procedures . The
Contractor shall submit an audit report to GJTO in
accordance with GJTO' s Policy and Procedures if the
Contractor received over Twenty-Five Thousand Dollars
( $25 , 000 ) of direct Federal financial assistance from
GJTO and the Contractor is not a Private-For-Profit
entity . The Contractor or Private Industry Council shall
establish an audit committee that engages independent
auditors , determined the services to be performed ,
reviews the progress of the audit and final audit
findings and intervenes in any disputes between manage-
ment and independent auditors . The Contractor ' s audit
committee should preferrably consist of outside directors
or Private Industry Council ( PIC) who do not serve as
officers of the Contractor .
C. GJTO, the U. S . Department of Labor, GJTO ' s auditors and
other representatives of GJTO shall, during business
hours , have access to inspect and copy books , records ,
memoranda, correspondence, personnel staffing records ,
independent audit workpapers 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 practices , 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.
D. The Contractor shall review the findings of GJTO or
representatives 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 .
E. In the event that GJTO determines that the record-keeping
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 GJTO. The cost to
GJTO of any work shall be deducted monthly from the funds
allocated to the Contractor .
V. SUBCONTRACTING
The Contractor shall not subcontract the performance of any
part of its duties under this Contract except in accordance
with the terms of this Contract or with the prior written
Page 11 of 21
o„'
consent of GJTO approving the subcontractor .
VI . PROPERTY MANAGEMENT
A. The Contractor must submit a Property Requisition and
Authorization Form (JTPA Letter #90-23 ) to GJTO prior to
the purchase of any property with an:
* Acquisition cost of $200 or more per unit for items
carrying a manufacturer' s serial number; and
* Acquision cost of $500 or more per unit for items
without a serial number.
Upon receipt of GJTO' s written approval, the Contractor
may proceed with the purchase. GJTO shall retain title
to all property, as defined above, purchased by the
Contractor. Therefore, prior written approval is needed
before disposition of such property. The Contractor
shall comply with GJTO' s property management procedures
and all relevant JTPA letters .
B. The Contractor ensures that it will maintain proper
inventory control over all property purchased with JTPA
funds .
VII. ASSIGNMENT
The Contractor shall not assign this Contract to third parties
without the prior written consent of GJTO approving both the
assignment and the assignee.
VIII.SEVERABILITY
To the extent that this Contract may be executed and perfor-
mance 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.
IX. CHANGES IN STATEMENT QF WORK
A. Modification by Operation of Law
This Contract is subject to such modification as may be
required by changes in federal or state law or regula-
tions . Any such required modification shall be incorpo-
rated into and be part of this Contract as if fully set
Page 12 of 21
forth herein.
B. Programmatic Modifications
The Contractor shall follow the revision procedures set
forth by GJTO.
B.1 The Contractor must submit a written request to
GJTO and obtain prior written approval for changes
to the Statement of Work, the objective of the
Contract, or dollar amount changes in Cost Catego-
ries .
B.2 In addition to the foregoing procedure, prior
approval for such changes must be authorized by the
State in an amendment to this Contract properly
executed and approved in accordance with applicable
law under the following circumstances :
B.2.a When an increase or decrease of Contract
total is desired; and
B. 2.b When the Statement of Work or the objec-
tive of the Contract changes substantial-
ly, as determined by GJTO.
Under such circumstances , GJTO' s approval is not
binding until the Contract amendment is executed .
X. PROGRAM INCOME
If program income is generated under this Contract , an
agreement providing for the use of such income subsequent to
termination of this Contract is required , prior to the
expenditure of such funds .
XI. 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 .
XII . ASSURANCES
Page 13 of 21
A. The Contractor assures that it will fully comply with the
JTPA, regulations promulated , and all other applicable
federal and state laws , rules and regulations .
B. The Contractor assures that in operating programs funded
under the Act, it agrees to comply with all GJTO issuanc-
es and directives , such as JTPA letters .
C. 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 .
D. The Contractor agrees to abide by the provisions of
Section 144 of the JTPA which concerns grievance proce-
dures . 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 . Directorate of Civil
Rights . Finally, the Contractor agrees to follow all
pertinent Governor' s policy issuances concerning griev-
ance procedures .
E. No funds may be used to assist in relocating establish-
ments , or parts thereof, from one area to another unless
the Secretary determines that such relocation will not
result in an increase in unemployment in the area of
original location or in any other area (JTPA, Section
141 [c] ) .
F. The Contractor assures and certifies that in administer-
ing programs under JTPA:
F. 1 It will comply with the provisions of the Uniform
Relocation Assistance and Real Property Acquisition
Act of 1970 (P .L. 91-646 ) which requires fair and
equitable treatment of persons displaced as a
result of Federal and Federally-assisted programs .
F.2 It will comply with the provisions of the Hatch
Act, where applicable, which limit the political
activity of certain State and local government
employees .
F. 3 For grant , subgrants , contract, and subcontracts in
excess of One Hundred Thousand Dollars ( $100 , 000 ) ,
or where the grant officer has determined that
orders under an indefinite quantity contract or
subcontract in any year will exceed One Hundred
Page 14 of 21
Thousand Co?'_ars ( S ;OC , 000 ) or if a facility to be
used has been the subject of a corv' n- ' -n under the
Clean Air Act ( 42 U .S .C. 1957-9 ) ( c ) ( 1 ) or the
Federal water Pollution Control Act ( 33 U . S .C. 13_9
[C] ) and is listed by the Environmental Protection
Agency ( EPA) or is not otherwise exempt, the grant-
ee assures that:
F. 3 . a No facility to be utilized in the perfor-
mance of the proposed grant has been
listed on the EPA list of Violating Fa-
cilities;
F. 3 .b Tt will notify the Regional Administra-
tor, prior to award , of the receipt of
any communication from the Directors,
Office of Federal Activities , U.S . EPA,
indicating that a facility to be utilized
for the grant is under consideration to
be listed on the EPA list of violating
Facilities; and
F. 3 .c It will include substantially this assur-
ance, including this third part , in every
non-exempt subcrar_t, contract or subcon-
tract.
F.4 It will comply with appropriate labor standards as
set forth in Section 143 of the JTPA ( 20 CFR 629 . 22
and 629 . 33 ) ;
F.5 All grievances concerning the conduct of the Con-
tractor shall follow the grievance procedures set
forth in 20 CFR 629 . 51 et sec;
F.6 It will comply with the Child Labor laws;
F.7 It will comply with the Safety Standards of Occupa-
tional Safety and Health Act (OSHA) ;
F. 8 It will comply with the Davis Bacon Act;
F.9 It will comply the warner-Peyser Act;
F.10 It will comply with Fart C of Title Iv of the
Social Security Act;
F.11 It will comply with the u_1_tary Selective Services
Act;
Page 15 of 2-
F. 12 It will comply with Section 665 , Title 18 , United
States Codes;
F.13 It will comply with the Fair Labor Standards Act of
1938 ;
F.14 It will ccmoly with the Colorado Revised Statutes
Section 18-8-301 C.R.S . , as amended ( Bribery and
Corrupt Influence;
F.15 It will comply with Colorado Revised Statutes
Section 18-8-401-408 C.R.S . , as amended (Abuse of
Public Office) ; and
F.16 It will comply with all state procurement regula-
tions where appropriate.
G. The Contractor assures that it will comply with bonding
and insurance requirements as follows :
G.1 The Contractor shall maintain JTPA funds in cash
depositories which have Federal Deposit Insurance
Corporation (FDIC) coverage. when the Contractor ' s
account balance exceeds the FDIC maximum coverage
on deposits , JTPA funds shall be collaterally
secured on a daily basis .
G.2 Upon written request to the Contractor being made
by the State, the Contractor shall maintain during
the life of the Contract Bodily Injury and Property
Damage Insurance, acceptable to the State covering
the services hereunder and all operations in con-
nection herewith, and whenever any of the services
covered in the Contract is to be subcontracted , the
Contractor shall obtain insurance coverage accept-
able to the State, such as Contractor ' s Contingent
or Protective Liability and Property Damage insur-
ance to protect its interest and those of the
State, if any.
G. 3 Whenever the work covered by the Contract shall
involve the use of vehicular equipment, the Con-
tractor 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
( $150 , 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
( $400 , 000 ) for property damage to protect the
ontractor from any and all claims arising from the
Page 16 of 21
use of the following in the execution of the ser-
vices included in the Contract :
G. 3 . a Contractor ' s own vehicles ;
G. 3 . b Hired vehicles;
G. 3 .c vehicles not owned by the Contractors;
and
G. 3 .d The State shall not be in the policy as a
named insured .
G.4 Upon written request to the Contractor being made
by the State, the Contractor shall maintain during
the life of this Contract; Physical Damage or Loss
Insurance protecting against loss caused by the
perils of fire, smoke, theft , burglary, vandalism,
and storm acceptable to the State, covering the
services hereunder and all operations, equipment
and materials furnished or used in connection
therewith. The cash bond in an amount to be deter-
mined by the State may be given to meet this re-
quirement as regards State property.
G.5 Excepting the Insurance required by Paragraph G. 2
above, one certified copy of the foregoing policies
and three copies of a certificated evidencing the
existence thereof shall be delivered to the State
within twenty ( 20 ) days of such written request
being made by the State. Certified conies of the
policies required by said Paragraph G. 2 and three
copies of the certificated evidencing the existence
thereof shall be delivered to the State before use
of vehicular equipment is undertaken, as described
in said Paragraph G. 2 . Each copy and certificate
must bear the following special endorsement by the
agent of the proposed insurance carrier;
"This policy shall not be altered , materially
changed or canceled without giving 15 days prior
written notice, by certified mail , to G.;TO.
G.6 A valid receipt showing payment or obligation for
the payment of the premium for all such insurance,
accepting the insurance required by said Paragraph
G. 2 , shall be submitted to the State by the Con-
tractor when it provides the insurance documenta-
tion to the State for acknowledgement of receipt
and adequacy by the proper State officials . Re-
ceipts showing payment or obligation, for the
payment of premium for the insurance required by
Page 17 of 21
0,-2 .73
,_ _ ,7^
said Paragraph G . 2 shall be submitted to the State
with the policies and certificated to which the re-
ceipts refer before use of the vehicular equipment
involved is undertaken by the Contractor .
H. The Contractor assures that it, and its subcontrac-
tors , shall comply with the Workmen ' s Compensation
Act of Colorado and shall provide compensation
insurance to protect the Contractor, its subcon-
tractors and the State from and against any and all
Worker' s Compensation claims arising from perfor-
mance of services under the Contract. The State
shall be furnished , prior to any service hereunder
being undertaken by the Contractor, three copies of
the certificate or certificates evidencing such
insurance to be in effect.
I. The Contractor assures that prior to the initial
disbursement of funds to the Contractor it shall
ensure that every officer, director, agent, or
employee authorized to act on behalf of the Con-
tractor in receiving or depositing funds into
program accounts; or in issuing financial docu-
ments, checks, or other instruments of payment for
program costs shall obtain a fidelity bond to
provide protection against loss . The coverage
shall be equal to Twenty-five Percent (25% ) of the
Contract amount received from GJTO.
If the fidelity bond of any employee of the Con-
tractor is cancelled or coverage is substantially
reduced, the Contractor shall notify GJTO and GJTO
shall not disburse any funds thereafter until GJTO
receives and acknowledges assurance from the Con-
tractor that adequate insurance coverage has been
obtained .
J. The Contractor assures that every reasonable course
of action will be taken by the Contractor to main-
tain the integrity of this expenditure of public
funds and to avoid any favoritism or questionable
or improper conduct . The contract will be adminis-
tered in an impartial manner, free from personal
financial, or political gain . The Contractor, its
executive staff and employees , in administering
this Contract, will avoid situations which give
rise to a suggestion that any decision was influ-
enced by prejudice , bias , special interest, or
personal gain.
K. The Contractor assures and certifies that it and
its principles :
Page 18 of 21
f, ru
K. 1 Are not presently debarred , suspended , pro-
posed for debarment, declare3 ineligible, or
voluntarily excluded from covered transactions
by any federal department or agency;
K. 2 Have not , within a three-year period prcr 4 ng
this Contract , been convicted of or had a
civil judgement rendered against them for
commission of fraud or a criminal offense in
connection with obtaining, attempting to
obtain, or performing a public ( federal, state
or local) transaction or contract under a
public transaction; violation of federal or
state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsi-
fication or destruction of records , making
false statements , or receiving stolen proper-
ty;
K.3 Are not presently indicted for or otherwise
criminally or civilly charged by a government
entity ( federal, state or local ) with commis-
sion of any offenses enumerated in paragraph
(K. 2 ) of this certification; and
K.4 Have not within a three-year period preceding
this Contact, had one or more public transac- -
tions ( federal, state, or local ) terminated
for cause or default.
Where the Contractor is unable to certify to
any of the statements in this certification,
such Contractor shall attach an explanation to
this proposal .
L. The Contractor certifies that pursuant to the Drug
Free Work Place of 1988 , 45 CFR Part 76 , Subpart F,
the Contractor will provide a drug-free workplace.
M. The Contractor certifies that it will comply with
49 CFR, Part 20 , and JTPA Letter #90-12 , Lobbying
Certification.
N. 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 includ-
ing costs , expenses , and attorney fees incurred as
a result of any act or omission by the contractor ,
or its employees , agents , subcontractors , or asign-
ees pursuant to the terms of this contract .
Page 19 of 21
a /
Form4AC-02B
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
I.This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.This
provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2.Financial obligations of the State payable after the fiscal year are contingent upon funds for that purpose being appropriated.budgeted and otherwise made
available.
BOND REQUIREMENT
3.If this contract involved 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 execute by a qualified corporate
surety,conditioned for the due and faithful performance of the contract,and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any
labor,materials,team hire,sustenance,provisions.provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per -
annum.Unless such bond,when so required,is executed,delivered and filed,no claim in favor of the contractor arising under this contract shall be audited,allowed or
paid.A certified or cashier's check or a hank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond.This provision is in
compliance with 38-26-106 CRS,as amended.
INDEMNIFICATION
4.To the extent authorized by law,the contractor shall indemnify,save and hold harmless the State,its employees and agents,against any and all claims,damages,
liability and court awards including costs,expenses,and attorney fees incurred as a result of any actor omission by the contractor,or its employees,agents,subcontractors,
or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION'
5.The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,as amended,and other applicable law respecting
discrimination and unfair employment practices(24-34-402.CRS 1988 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:
(I)The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin,sex,marital status,religion,
ancestry,mental or physical handicap.or age.The contractor will take affirmative action to insure that applicants are employed,and that employees are treated
during employment.without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following:employment,upgrading,
demotion,or transfer, recruitment or recruitment advertising; lay-offs or terminations; rates of pay or other forms of compensation; and selection for training.
including apprenticeship.the contractor agrees to post in conspicuous places,available to employees and applicants for employment.
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 engin,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 agreements or other contract or understanding,
notice to be provided by the contracting officer,advertising the labor union or workers'representative of the contractor's commitment under the Executive Order,
Equal Opportunity and Affirmative Action-dated April 16. 1975,and of the rules,regulations.and relevant Orders of the Governor.
(4)The contractor and labor unions will furnish all information and reports required by Executive Order.Equal Opportunity and Affirmative Action of Apnl 16,
1975,and by the rules,regulations and Orders of the Governor,or pursuant thereto.and will permit access to his books,records,and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders.
(5)A labor organization will not exclude any individual otherwise qualified from full membership tights in such labor organizations,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 handicap,race,creed,
color,sex,age,national origin,or ancestry.(24-34-402(I)(c))
(6)A labor organization.or the employees or members thereof will not aid.abet. incite,compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct 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.(24-34--402(I)(e))
Page 20 of 21
Revised 5/91
395-53-01-1022
Form 6-AC-02C
(7)In the event of the contractor's noncomplt,...ae with the non-discrimination clauses of this contractor or w,,,,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 of April 16. 1975 and the rules,regulations,or orders promulgated in accordance therewith.
and such others sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity and Affirmative Action of April 16,
1975 or by rules,regulations,or orders promulgated in accordance therewith,or as otherwise provided by law.
(8)The contractor will include the provisions of paragraph(I)through(R)in every sub-contract, subcontractor and purchase order,pursuant to Executive Order,
Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such
action with respect to any sub-contracting or purchase order as the contracting agency may direct,as a means of enforcing such provisions,including sanctions for
non-compliance:provided,however,that in the event the contractor becomes involved in.or is threatened with,litigation with the subcontractor or vendor as a result
of such direction by the contracting agency.the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a.Provisions of 8-17-101 & 102.CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder
and are financed in whole or in part by State funds.
b.When construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from a
state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is 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 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 8-19-102,CRS).
GENERAL
7.The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution and enforcement of this contract.
Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is otherwise
in conflict with said laws,rules and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by reference which purports
to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,defense or
otherwise.Any provision rendered null and void by the operation of this pros ision will not invalidate the remainder of this contract to the extent that the contract is
capable of execution.
8.At all times during the performance of this Contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules and regulations that have
been or may hereafter be established.
9.The signatories hereto aver that they are familiar with I8-S-301,et seq.,(Bribery and Corrupt Influences)and 18-8-401,et.seq.,(Abuse of Public Office),CRS
1986 Replacement Vol.,and that no violation of such provision is present.
10.The signatories aver that to then knowledge,no state employee has a personal or beneficial interest whatsoever in the service or property described herein:
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
Contractor: Board of County Commissioners,
Weld County, Colorado STATE OF COLORADO
(Full Legal Name) ROY ROMER,GOVERNOR
By
'5 E%EM1VE DIRECTOR
Leslie S. Franklin
Position)Title) DEPARTMENT
OF Governor's Job Training Office
Social Security Number or Federal I.O.Number 05-/x/ca.
(If Corporation) / i ,l ! /ii
/
Attest(Se
aJ/ £'7 Li/ 4/V IL,
By r r a�--�J —,/77 "y
Corporation Sevcrews.or Equivalent.Town/City/County/Clerk
APPROVALS
ATTORNEY GENERAL
CONTROLLER
By By
395-53-01-1030(Revised 5/91) - Page 21 which is the last of 21 pages
*SUE llistruct1055 on reverse side.
(siiick' mEmoRAnDum
W1119George Kennedy, Chairman �` v
r Board of County Commissioners May 18 1992
Date
Walter J. Speckman, Executive Director, Human�RR��((((````�!���������JI�v. 4s 1 //y-
�/
COLORADO From • {ry ��
Subject
JTPA Master Contract 1992-1994 �I" �( 111����
Enclosed for Board approval is the Master Contract between the Governor's Job
Training Office and the Weld County Division of Human Resources, through the
Board of Weld County Commissioners, to enable Weld County to operate various
programs and expend funds under the Job Training Partnership Act.
The Contract covers the period of July 1, 1992 to June 30, 1994. The Contract
covers various procedures, rules, and regulations for administration of the
programs.
If you have any questions, please telephone me at 353-3816.
920412
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