HomeMy WebLinkAbout930478.tiff RESOLUTION
RE: APPROVE COST REIMBURSEMENT CONTRACT BETWEEN WELD COUNTY EMPLOYMENT
SERVICES AND COLORADO DEPARTMENT OF LOCAL AFFAIRS, OFFICE OF RURAL JOB
TRAINING, 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 Cost Reimbursement Contract
between Weld County Employment Services and Colorado Department of Local Affairs,
Office of Rural Job Training, commencing June 7, 1993, and ending September 30,
1993, 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 Cost Reimbursement Contract between Weld County
Employment Services and Colorado Department of Local Affairs, Office of Rural Job
Training, 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 26th day of May, A.D. , 1993.
,f 7') / BOARD OF COUNTY COMMISSIONERS
ATTEST: / / /1/1�� // WELD COUNTY COLORADO
Weld County Clerk to the Board 7L�A-4-ee 1 /7! 4
Cons/ttaa�nc/e/f,L�... )-Iarber>t.�, Chairman
BY: LiS -f-f� N if' y „in f.xl i Y /(22 .kf
Deputy C erl, to the Board W. H. Webst r, Pro- em L
APPROVED AS TO FORM: �__-fu•-r1 �Jr of
George E,/Baxter
EXCUSED DATE OF SIGNING (AYE)
ounty Attorney Dale K. Hall
a garbara J. Kirkmey r 0
930478
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Department # NAA
Routing #
Control #
Title IIA X Title IIB EDWAA_
COST REIMBURSEMENT CONTRACT
THIS CONTRACT is made this 7th day of June 1993, by and between the State of
Colorado for the use and benefit of the Department of Local Affairs, Office of Rural Job
Training, 1900 Grant Street, Suite 800, Denver, Colorado 80203, hereinafter referred to
as ORJT or the State, and the Board of County Commissioners, Weld County, Colorado for
the use and benefit of the Department of Human Resources, 1551 North 17th Avenue,
Greeley, Colorado 80632, hereinafter referred to as the contractor.
WITNESSETH:
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 Code Number _, Org. Unit
GBL , Contract Encumbrance Number C85- ; and
WHEREAS, required approval, clearance and coordination has been accomplished from
and with appropriate agencies; and
WHEREAS, federal funds have been made available by grant to the ORJT through the
Job Training Partnership Act (JTPA) , Public Law 97-300; and
WHEREAS, the contractor is a political subdivision exempt from the Colorado
Procurement Rules at section 1-105.01; and
WHEREAS, the contractor is authorized under Colorado Revised Statues 24-50-504(3) ;
and
WHEREAS, the ORJT desires and the contractor is willing to provide services
authorized by the Job Training Partnership Act; and
WHEREAS, as of the date of execution of this contract, the contractor meets all
other requirements for entering into this contract.
NOW THEREFORE, the parties agree as follows:
I. Services
The contractor shall furnish, in a professional and proper manner, the
obligations and responsibilities set forth in the "Statement of Work" , at page 2 infra.
II. Contract Amount
In consideration of the satisfactory performance of the contractor under
this contract, the ORJT shall reimburse the contractor, subject to additions and/or
deductions as provided by or pursuant to modification, an amount not to exceed
twelve thousand, two hundred fifty no/100 dollars ($12,250) , and in no event shall
obligation be made after September 30, 1993.
Page 1 of 17 pages 9(20'0478
III. Period of Performance
The contractor agrees to commence delivery of the contemplated services on
the 7th day of June, 1993, and agrees to deliver such services in as expeditious a
manner as possible, but in any event services for which payment is contemplated by the
terms of the contract shall be completed by the 30th day of September 1993.
IV. Reimbursement Procedures
If costs incurred are allowable and warranted, the ORJT will reimburse the
contractor on a need basis. In order to receive payment, the contractor shall submit
certified invoices, in such form and detail as required, to the ORJT.
V. Advance Policy
Monies obligated under this contract may be made available in advance of
reported costs. The contractor agrees to comply with the cash management provisions for
contract advances issued by the Governor's Job Training Office in Colorado JTPA Letter 1
9O-16, or subsequent issuances, which allows for contract advances based on the
immediate need of the contractor. ORJT has determined that the following policy meets
the requirement for reasonable cash advances to meet the immediate needs of the
contractor. Such advances shall be subject to the following provisions:
A. Requests for advance can be made on a need basis. However, no more
than one month's advance amount can be outstanding at the end of any 2 month period.
Any advance payments or portion thereof outstanding at the end of the contract period
will become immediately due and payable to the State (ORJT) .
B. The request for advance shall be accompanied by a detailed statement
of costs incurred to date and a detailed estimate of costs to be incurred during the
period covered by the advance; and
C. Advance payments may be limited or eliminated at any time by ORJT
should the contractor's lack of performance under this contract present a programmatic
or financial risk to the State (ORJT) .
VI. Method of Payment
The method of payment under this contract will be cost reimbursement with
all contract costs charged to the cost categories specified in the budget. No costs
will be chargeable to a cost category except to the extent that such benefits are
received by such category.
VII. Chanzes in Budget Cost Categories/Line Items
The contractor shall obtain written prior approval from ORJT prior to any
movement of funds between, or within, budget line items.
VIII. Statement of Work
The contractor agrees to provide the services detailed in the following
Program Overview and Budget sections, and shall perform these services in compliance
with the requirements of the JTPA Title which governs the use of these funds and the
policies of the Governor's Job Training Office and ORJT.
Page 2 of 17 pages 9Z0178
A. Program Overview
The contractor will operate a full time, non-residential summer
corps program for youth in Weld County known as the Weld County Youth Conservation Corps
(WCYCC) . The program will emphasize service learning, leadership development, work
maturity skills, teamwork, citizenship and job skill training. The work project will be
designed to have value to the community and be of value to the crew.
The WCYCC will provide for the enrollment of ten (10) corpsmembers,
to be supported with funding from three separate contracts, who will work under the
supervision of one crew leader and provide approximately 4,800 service hours of
conservation and service activities. For the purposes of this contract, funding is
provided for the enrollment of six (6) corpsmembers and associated operating costs to be
incurreed by the contractor under this agreement. Corpsmembers will be paid $4.25 per
hour for each hour they are involved in work or education activities. Referrals will be
made to the WCYCC from Weld County Juvenile Probabtion, social services, and local
schools. A review panel will review corps applications and select youth for the WCYCC.
The process will ensure the diversity of the crew in age, sex, cultural and ethnic
backgrounds. Corpsmembers will attend orientation which describes the goals of the
WCYCC, safety instruction and corps rules.
Due to the enactment of the JTPA Reform Amendments of 1992, no
enrollments into the WCYCC may be made after June 30, 1993 with funding from this
contract.
All corpsmembers will be assessed for reading and math skill levels
using the ABLE Screening Battery. Education and life skill training will be
accomplished through the Jostens Computerized Learning System and Conover Workplace
Literacy System. Corpsmembers will be involved in 6 to 8 hours of weekly educational
activities. The Weld County Employment Services vocational/educational advisor will be
responsible for the educational component of the program. Pacific Institute's Pathway
to Excellence course will also be conducted to build self-esteem and motivation.
Teamwork, self-confidence and leadership skills will be developed through a ropes course
conducted at the beginning and end of the work project. Reflection activities will be
conducted on a daily basis through journals and group discussions. Corpsmembers will be
post tested to measure any increase in reading and math levels and to measure attitudes
and work maturity skills.
The contractor agrees to use any logos, patches or other
identification developed by the state to enhance the identity and visibility of the
corps.
Of the total corpsmembers enrolled into the WCYCC, 30% will be
female; 40% will be minorities; 80% will complete pre-employment/work maturity
competency; 40% will work in non-traditional jobs; and 50% will proceed to secondary,
post-secondary education, vocational training, a apprenticeship, job corps, militar
y
rY PP P. rP
enlistment, other JTPA training or entry level employment.
B. Elizibility and Target Populations
Individuals enrolled into conservation and service corps programs
shall at the time of enrollment be JTPA eligible and not less than 16 years of age and
not more than 21 years of age.
To the extent possible, the contractor will assure that equitable
service is provided to those eligible populations identified as most in need. The
contractor shall ensure that educationally and economically disadvantaged youth
Page 3 of 17 pages .1
9,: U 178
including youth in foster care who are becoming too old for foster care, youth with
disabilities, youth with limited English proficiency, youth with limited basic skills or
learning disabilities, and homeless youth, are offered opportunities to enroll.
Priority for services shall be given to youth who have not obtained a high school
diploma or the equivalent of such diploma.
C. Worksite Selection
The contractor shall operate conservation corps projects with
funding under this contract that are selected on the following criteria: conservation,
rehabilitation and improvement of wildlife habitat, rangelands, parks and recreational
areas; urban and rural revitalization, historical and cultural site preservation, and
reforestation of both urban and rural areas; fish culture, wildlife habitat maintenance
and improvement and other fishery assistance; road and trail maintenance and
improvement; erosion, flood and drought control and assistance; stream and lake
improvements; wetlands protection and pollution control; insect, disease, rodent and
fire prevention and control; improvement of abandoned railroad beds and rights-of-way;
energy conservation projects; reclamation and improvement of strip-mined land; forestry,
nursery and cultural operations, making public facilities accessible to individuals with
disabilities and housing rehabilitation, renovation, and repair for the purpose of
providing affordable housing for low-income and homeless individuals.
The contractor has identified the City of Greeley Centennial Village
Museum as the work project for the WCYCC. If for any reason the work project is
cancelled or changed, the contractor will notify ORJT in writing within seven days of
the change or cancellation.
D. Budget and Budget Requirements for NON-EDWAA FUNDED PROJECTS
1. Budget - WCYCC
Adult Youth Total
a. Administration
Personnel $ 0 $ 700
Operating 0 100
Indirect Costs 0 200
Total Administration $ 1,000
b. Training Operating
Personnel 0 1.000
Operating 0 0
Travel 0 0
Equipment 0 0
Total Operating 1,000
c. Participant Costs
Training Services 0 6.225
Participant Support 0 4.025
Total Participant Costs 10.250
TOTAL CONTRACT AMOUNT 12 250
Page 4 of 17 pages 9,30178
0A78
For contracts that do not include administrative costs, the contractor
agrees to contribute as an in-kind service those functions and activities under this
contract which are considered administrative in nature.
2. Taxes
All participants receiving wages or compensation in lieu of wages, must
have appropriate Federal, state and local income tax withheld on those earnings.
Federal Insurance Contributions (FICA) payments must also be withheld. The employer's
(contractor's) share of such payment may be pro-rated between cost categories in a ratio
consistent with the charging of the wages.
IX. Actions to Achieve Plan
The ORJT shall have the option to recapture and/or reallocate unexpended funds
necessary to achieve planned levels of activity within its total jurisdiction.
X. American Disabilities Act Provision
The contractor assures the state that at all times during the performance of
this contract that no qualified individual with a disability shall, by reason of such a
disability, be excluded from participation in or denied benefits to the services,
programs, or activities performed by the contractor, or be subjected to any
discrimination by the contractor upon which assurance the state relies.
F
Page 5 of 17 pages 930 478
I-
progreq.con
Rev. 8/92
Program Requirements
1. Recruitment/Selection/Population to be Served
The contractor shall provide recruitment information to the community(ies) , and
especially target groups, of the availability of JTPA programs and services. Community
agencies and other human services providers shall be actively encouraged to refer
potentially eligible clients for enrollment in JTPA.
The contractor shall select and enroll participants for the JTPA program who are most
in need of employment and training services. This will be accomplished by the
contractor based on an analysis of the applicant's current situation. This analysis
shall include such items as total family income, size of family, means of support,
severity of barriers to employment, reliance on public assistance, length of
unemployment, educational level attained, and any other factors which might affect the &
applicant's need for services.
2. Eligibility Verification
The contractor shall ensure that all participants enrolled under this contract meet
JTPA eligibility requirements at the time of enrollment. Determination of eligibility
shall be made and documented for each applicant in accordance with requirements
specified in the ORJT Operations Handbook.
The contractor shall be liable for costs associated with the enrollment of any
ineligible applicant.
On a quarterly basis, the ORJT, in conjunction with the contractor, shall randomly
sample a representative number of participant records completed during the preceding
three (3) months to verify participant eligibility. If, during this review, a
substantial number of inconsistencies are found, the sample size shall be increased to
explore the nature and extent of the deficiencies. These reviews will be documented,
and corrective action taken to remedy deficiencies noted. Participants found to be
ineligible shall be immediately terminated.
3. Intake and Assessment
Cd
Applicants enrolled in the program will undergo initial assessment, including
assessment of reading and math skills, to determine which services will be most d.
beneficial. The contractor agrees to comply with minimum assessment standards
specified in the ORJT Operations Handbook.
4. Orientation to the Program
Participants shall receive orientation to the JTPA program which will include topics
such as: participant rights/responsibilities, supervision, complaint procedures, and
the payroll system. Training agreements, if applicable, and complaint procedure forms,
will be reviewed and signed by the participant.
5. Employability Development Plan (EDP) /Youth Employability Plan (YEP)
9
At the time of intake the contractor, in conjunction with each participant, shall begin
to construct an Employability Development Plan (EDP)/YEP in accordance with
requirements specified in the ORJT Operations Handbook. The EDP/YEP shall identify:
a. the participant's skills, interests, and career goals; and
Page 6 of 17 Pages p3o 1 I v
J
b. barriers to employment or occupational advancement; and
c. the participant's employment and training needs; and
d. specified services and activities to be provided to meet those needs; and
e. an individualized training plan consisting of the training to be provided, the
occupation to be trained for and the anticipated wage at placement, which will be
signed by both the participant and the contractor staff person; or
f. an individualized plan with time frames for transition from JTPA activities to
unsubsidized employment or continuing education, which will be signed by both the
participant and the contractor staff person.
The contractor shall review the participant's EDP periodically throughout his/her
participation in JTPA and revise it, based on changing participant needs.
6. Participant Records
The contractor's counselors shall monitor worksites at a minimum of twice monthly to
counsel and safeguard against fraud and abuse, and record their results for the file.
All files will be maintained in the appropriate field office. Each file will contain,
at a minimum, an enrollment form (ORJT-1) , grievance form, case log notes,
employability development plan (for Title IIA and EDWAA) , and other applicable ORJT
forms required according to the activity of enrollment.
7. Participant Payments
Participants shall be paid by check disbursement by the contractor. Complete
participant time and attendance sheets signed by both supervisor and participant shall
be maintained to support each participant payment. Evidential documentation which
adequately supports participant related payments shall be maintained. All
participants, except those participating in on-the-job training (OJT) , will be covered
by worker's compensation insurance, to be obtained by the contractor. OJT participants
shall be covered by the employer.
In no case is the State responsible for providing Worker's Compensation coverage for
any participants of the contractor pursuant to this contract, and the contractor agrees
to indemnify the State for any costs for which the State may be found liable in this
regard.
8. Training Services Provided
The contractor shall provide training activities in compliance with the Act (Public Law
97-300, Sec. 204, or Sec. 252, or Sec. 303) , the regulations, and the requirements of
ORJT.
9. Internal Monitoring
The contractor shall establish procedures for regular internal monitoring which, at a
minimum, must consist of monthly visits to OJT, classroom training, work experience,
and other applicable work sites in order to:
a. ensure adherence to the work site agreement, particularly the nature and amount
of supervision exercised and the quality of the participant's work or learning
experience;
b. ensure adherence to ORJT's policy that documentation of participants' time and
attendance be maintained to verify payments to participants and adherence to
ORJT's accounting policies provided in this contract;
c. ensure that each participant file contains a completed and signed application form
(ORJT-1) , EDP, W-4, 1-9, if applicable, and complaint procedures. Applicable
transaction forms (ORJT-2) , log notes, and time sheets shall also be included; and
d. validate and verify subcontractor cost claims.
Page 7 of 17 Pages 920 178
10. Fiscal Systems
a. Financial reporting by the contractor shall be in accordance with the procedures
and forms prescribed by ORJT.
b. The contractor assures that its fiscal system and fiscal reports shall fairly
represent the program operated under this contract.
c. The contractor shall provide, at a minimum:
1) effective control and accountability for all monies received under this
contract;
2) accurate, current, and complete disclosure of the financial results of the
contracted programs;
3) maintenance of records which adequately identify and documents receipts and
disbursements; and
4) reporting on the accrual basis.
11. Funding Level Changes
The parties agree that the ORJT reserves the option, in the event that it receives
notification of a cut in JTPA funds, which funds are the basis of this contract, to
reduce contract funding in any amount or to terminate the contract at its discretion.
12. Subject to the Job Training Plan
The contractor shall abide by all the terms and conditions of the Job Training Plan
between the ORJT and the Governor, as such may be from time to time modified, to the
extent that the terms thereof apply to the program services provided for herein. This
contract is subject to the terms and conditions of the Job Training Plan, and in the
event of any inconsistency between the terms of this contract and the terms and
conditions of the Job Training Plan, the terms of the latter shall control.
13. Coordination
The contractor agrees to facilitate and assist in the implementation of the
coordination criteria contained in the ORJT's Two-Year Title IIA Job Training Plan and
with the coordination criteria contained in the Governor's Special Services Plan or any
modifications thereof.
Additionally, the contractor agrees to comply with all coordination agreements
negotiated by the ORJT and/or the SDA Private Industry Council, and to facilitate
coordination efforts which may include, but are not limited to, co-location of offices,
elimination of duplication of services, improved services to clients and employers,
participation in local employer relations networks, inter-agency training, and local
planning for employment and training programs.
14. Retention of Records
All records pertinent to this Agreement, including financial, statistical, property and participant, and supporting documentation, shall be retained for a period of three (3)
years from the date of final payment of this contract or until all audits are complete
and findings on all claims have been finally resolved. In the event of the termination
of the relationship between ORJT and the contractor, JTPA participant and financial
records shall be transferred to ORJT in an orderly fashion with documents properly
labeled and filed and in an acceptable condition for storage.
15. Access to Records
At any time during normal business hours and as often as ORJT, the U.S. Department of
Labor, and the Governor or their designees, may deem necessary, the contractor shall
Page 8 of 17 Pages 92,0478
make available for examination, all of its records with respect to all matters covered
by this contract. The ORJT, the U.S. Department of Labor, and the Governor shall have
the authority to audit, examine and make excerpts or transcripts from records,
including all contracts, invoices, materials, payrolls, record of personnel, conditions
of employment, and other data relating to all matters covered by this contract,
including (a) disputes concerning costs and expenses, whether pursuant to an exception
taken by the ORJT, the U.S. Department of Labor, or the Governor; (b) appeals under the
"Continued Performance/Disputes" clause herein below; (c) litigation concerning claims
arising out of the terms and conditions of this contract; and such right of access
shall continue until such matters have been finally disposed of.
16. Monitoring
The contractor shall permit the ORJT, the U.S. Department of Labor, the Governor, and
any other duly authorized agent or governmental agency to monitor all activities
conducted by the contractor pursuant to the terms of this contract, in accordance with
20 CFR Sec. 629.42 and .43. As the monitoring agency may in its sole discretion deem
necessary or appropriate, such monitoring may consist of internal evaluation
procedures, examination of program data, special analyses, on-site checking, formal
audit examinations, or any other reasonable procedure.
17. Auditing
The contractor shall provide for an annual audit in accordance with Section 164(a) (3)
of the Act, 20 CFR 629.42, and OMB Circular A-128 or OMB Circular A-133, whichever is
applicable.
18. Limitation to JTPA Funds
The parties hereto expressly recognize that the contractor is to be paid, reimbursed,
or otherwise compensated with funds provided to the Office of Rural Job Training (ORJT)
solely by the United States Government through the Governor's Job Training Office
(GJTO) , under the JTPA of 1982, and 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 by the ORJT or continued funding by
the United States Government. In the event that such funds or any part thereof are not
received by the ORJT for any reason, the ORJT may unilaterally terminate this contract,
or, with the consent of the contractor, modify the terms thereof. In no event shall
the contractor construe an increase in funds received by the ORJT to mean that funds
under this contract will be increased.
Inasmuch as this contingency could affect any subcontract that the contractor has, the
contractor agrees to make this condition a part of any such subcontract.
19. Premises, Equipment and Property Management
The contractor agrees to receive written prior approval for the purchase of property
or equipment with a purchase cost of $200 or more per item and agrees that title to
said property or equipment remains with the Governor's Job Training Office (GJTO) .
The contractor also assures that personal or real property procured with JTPA funds or
transferred from programs under the Comprehensive Employment and Training Act. (CETA)
shall be used for purposes authorized by the Act, and shall maintain accountability for
property in accordance with State procedures and the records retention requirements of
20 CFR 629.35.
The contractor shall make a written request to ORJT prior to disposition of any
property or equipment purchased with JTPA or CETA funds. No disposition will be made
of such equipment without written approval from ORJT. In compliance with 20 CFR
629.41, the proceeds from the authorized sale of any property will be used only for
Page 9 of 17 Pages
930478
purposes authorized under the Act. Personal or real property procured with CETA funds
and used by the contractor in the delivery of JTPA services shall be accounted for
separately from property acquired by JTPA funds through this contract. The
requirements set forth at 41 CFR 29-70 215-7 shall apply for CETA acquired property.
No property or equipment that requires prior written approval from GJTO may be
purchased during the last three (3) months of this contract.
20. Legal Authority
The contractor warrants that it possesses the legal authority to enter into this
contract. The person or persons signing this contract on behalf of the contractor also
warrant that they have full authorization to execute this contract.
21. Personnel
The contractor represents that he has, or will secure at his own expense all personnel,
as employees of the contractor, necessary to perform the work and services required to
be performed by the contractor under this contract. Such personnel may not be
employees of, agents of, or have any contractual relationship with the State and no
such personnel are eligible for any employees benefits, unemployment compensation or
any other benefits accorded to state employees and contractor agrees to indemnify the
state for any costs for which the state may be found liable in these regards.
Contractor shall pay when due all required employment taxes and income tax withholding.
All of the services required hereunder will be performed by the contractor or under his
supervision.
The contractor is responsible for providing Worker's Compensation coverage and
Unemployment Compensation coverage for all of its employees to the extent required by
law, and for providing such coverage for themselves. In no case is the State
responsible for providing Worker's Compensation coverage for any employees or
subcontractors of contractor pursuant to this agreement, and contractor agrees to
indemnify the State for any costs for which the State may be found liable in this
regard.
22. Confidentiality of Records
a. In the event the contractor shall obtain access to any records or files of the
State in connection with, or during the performance of, this contract, the
contractor shall keep such records and information confidential and shall comply
with all laws and regulations concerning the confidentiality of such records to
the same extent as such laws and regulations apply to the State.
b. Contractor agrees to notify and advise in writing, all employees, agents,
consultants, licensees, or sub-contractors of the said requirements of
confidentiality and of possible penalties and fines imposed for violation thereof,
and secure from each an acknowledgement of such advisement and agreement to be
bound by the terms of this agreement as an employee, agent, consultant, licensee
or sub-contractor of the contractor, as the case may be.
c. Any breach of confidentiality by the contractor or third party agents of the
contractor shall constitute good cause for the State to cancel this contract,
without liability; any and all information delivered to the contractor shall be
returned to the State.
d. Any State waiver of an alleged breach of confidentiality by the contractor or
third party agents of the contractor is not to imply a waiver of any subsequent
breach.
Page 10 of 17 Pages pc 0,178
23. Ownership of Materials and Information
The contractor agrees that all material, information, data, computer software,
documentation, studies, and evaluations produced in the performance of this contract
is the sole property of the State.
24. Reporting
Unless otherwise provided, and regarding contracts with terms longer than three (3)
months, the contractor shall submit a written program report specifying progress made
for each activity identified in the contractor's duties and obligations, regarding the
performance of the contract. Such written analysis shall be in accordance with the
procedures developed and prescribed by the State. The preparation of reports in a
timely 'manner shall be the responsibility of the contractor and failure to comply may
result in delay of payment of funds or termination of the contract. Required reports
shall be submitted to the State not later than the end of each calendar quarter and
upon the expiration and termination of the contract, or at such time as otherwise
specified.
25. Unlawful Fees
The contractor warrants that no person or selling agency has been employed or retained
to solicit or secure this contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, and further that no such understanding or
agreement exists, or has existed, with any employee of the ORJT. For breach or
violation of this warranty, the ORJT shall have the right to cancel this contract
without liability or in its discretion to deduct from the contract price or
consideration or otherwise recover the full amount of such commission, percentage,
brokerage, or contingent fee.
26. Non-discrimination
The contractor shall comply with all applicable State and Federal laws, rules,
regulations and Executive Orders of the Governor of Colorado involving non-
discrimination on the basis of race, color, religion, national origin, age, handicap,
or sex. In compliance with Paragraph 5 of the Special Provisions section of this
contract, contractor agrees to consider minorities or minority businesses as employees,
specialists, agents, consultants or subcontractors under this contract. Contractor may
utilize the expertise of the State Minority Business Office withinthe Office of the
Governor for assistance in complying with the non-discrimination and affirmative action
requirements of this contract and applicable statutes.
27. Political Activity
No funds paid to the contractor hereunder shall be used for any partisan or non-
partisan political activity or to further the election or defeat of any candidate for
public office; nor shall they be used to provide services, or for the employment or
assignment of personnel in a manner supporting or resulting in the identification of
programs conducted pursuant to this contract with (1) any partisan or non-partisan
political activity or any other political activity associated with a candidate, or
contending faction or group, in an election for public or party office; (2) any
activity to provide voters or prospective voters with transportation to the polls or
similar assistance in connection with any such election; (3) any voter registration
activity. The contractor shall otherwise comply with the requirement of 5 USC 1501-
1508, which are incorporated hereby by this reference as if fully rewritten.
28. Conflict of Interest
The contractor assures that any officer, director, staff member or employee with •a
Page 11 of 17 Pages
930 t"pq
personal or private interest on any matter relating to the contract, personnel matters,
or other action which might provide financial benefit to such an interest shall
disclose that interest. No officer, director, staff member or employee will
participate in any decision in which he/she has a personal or private interest.
29. Continued Performance/Disputes
The contractor assures the services specified in this contract shall be provided to the
eligible participants of the region for the entire period of performance specified in
this contract. Achievement of maximum units reimbursable prior to the expiration date
of the contract shall not preclude the continued service provision. Any disputes
arising under this contract shall be resolved in accordance with the JTPA and
regulations and procedures established by ORJT and the Governor's Job Training Office.
Performance under this agreement shall continue pending resolution of any such dispute.
30. Modifications to the Contract
The contractor expressly agrees that in the event of any of the following occurrences,
the ORJT may immediately cancel or modify this contract and enter into discussions with
the contractor concerning necessary changes to accommodate such occurrences: (1)
changes in, additions to, or new administrative interpretations of the JTPA
regulations, or other pertinent law, which impose additional or new requirements upon
the ORJT or . contractor which render performance under this contract illegal,
impractical, or impossible; (2) changes in the amount of JTPA funds received by the
ORJT concerning any program under this contract; (3) changes to the Job Training Plan;
(4) any unapproved deviations of the contractor from the levels of service outlined in
this contract.
31. Modifications to the Contract Budget
The contractor shall comply with the procedures set forth in ORJT Letter PY 91-2, or
subsequent issuances, for modifying contract budgets. In the case where the total
amount and term of the contract are not affected, ORJT approval pursuant to the
procedures set forth in ORJT Letter PY 91-2, or subsequent issuances, shall constitute
formal approval of the budget modification.
32. Non-assignability
Unless otherwise provided, the duties and obligations of the contractor cannot be
assigned, delegated, nor subcontracted except with the express written consent of the
State. Subcontracts permitted by the State shall be subject to the requirements of
this contract, and the contractor is responsible for the performance of any
subcontract. In addition, except as otherwise provided, this contract shall inure to
the benefit of and be binding upon the parties hereto and their respective successors
and assigns.
33. Litigation
Unless otherwise provided, the contractor shall notify the State, within five (5) days
after being served with a summons, complaint, or other pleading in a case which
involves services provided under this contract and which has been filed in any Federal
or State court or administrative agency, and shall deliver copies of such document to
the State.
34. Severability
To the extent that this contract may be executed and performance of the obligations of
the parties may be accomplished within the intent of the contract, the terms of this
contract are severable and should any term or provision hereof be declared invalid or
Page 12 of 17 Pages
930178
become inoperative for any reason, such invalidity or failure shall not affect the
validity of any other term or provision hereof. The waiver of any breach of a term
hereof shall not be construed as a waiver of any other term, or the same term upon
subsequent breach.
35. Termination
a. Any provision of this contract to the contrary notwithstanding, in the event
termination of this contract becomes necessary, in the State's sole discretion,
to comply with any court order concerning State personal services contracts
generally or this contract, specifically, this contract may be terminated by the
State immediately upon the giving of notice to the contractor without further
obligation of the State.
b. Otherwise, in the event the contractor fails to satisfactorily perform pursuant
to the terms herein set forth, the ORJT may give thirty (30) days
y prior written
notice to the contractor of its intent to terminate this contract, and provide
notice of corrective action required. In the event the contractor fails to take
any necessary corrective action designated by the ORJT within the thirty (30) day
period following the date of the notice, this contract shall be deemed terminated,
and no further payments shall be made for any services performed by the contractor
after the date of such termination.
c. In the event the contractor fails to comply with any of the provisions of the JTPA
regulations or any other applicable law, the ORJT may cancel this contract by
issuing written notice to the contractor, which notice is effective immediately
upon receipt by the contractor..
d. In the event of contract termination for reasons described above, the contractor
expressly agrees that costs for the contract closeout and related activities will
be borne by the contractor.
36. Non-performance
Acceptable performance under this contract is determined to be achievement of a minimum
of 75% of the stated performance goals. In the event that the contractor fails to meet
minimum acceptable performance, the following penalty assessment shall be applied to
program operating expenditures incurred, in the same ratio as funds received, and shall
be due and payable to the ORJT upon termination of the contract.
Performance Penalty % of Expenditures
70 - 74.9% 5% of Operating Costs
60 - 69.9% 7% of Operating Costs
50 - 59.9% 10% of Operating Costs
Less than 50% 25% of Operating Costs
In addition to the above assessments, the ORJT, at its discretion, may apply other
forms of corrective action and/or sanctions, as may be deemed necessary.
37. Subject to the JTPA and Regulations
The contractor shall abide by all the terms and conditions of the JTPA, the regulations
adopted pursuant thereto, all other applicable laws, executive orders and
administrative directives or interpretations issued by any governmental agency, as such
statutes, regulations, or directives may from time to time be amended. The contractor
shall otherwise comply with the following federal provisions:
a. Section 167 governing nondiscrimination.
Page 13 of 17 Pages
93017s
b. Section 142 (a) (3) governing minimum wage. (_
c. Section 143(a) (3) governing Workers Compensation, and 20 CFR 629.33, and with the
Occupational Safety and Health Act of 1970, Section 143(a) (2) .
d. Section 143(d) governing Davis-Bacon Act requirements in the employment of
laborers and mechanics in federally assisted construction projects.
e. Section 144 governing grievance procedures, as well as 20 CFR 629.51 et. seq. , and
29 CFR parts 31 and 32.
f. Section 504 governing enforcement of Military Selective Service Act.
g. 20 CFR 629.32 governing program income.
h. 20 CFR 629.34 governing procurement.
i. 20 CFR 629.35 governing management systems, reporting and record keeping.
j . 20 CFR 629.42 governing audits.
k. 20 CFR 629.43 governing oversight and monitoring.
This agreement is expressly made subject to the JTPA, the regulations, administrative
directives, and other laws, and in the event of any conflict between the terms of this
contract and the terms or conditions of such statutes, regulations or directives, the
terms of the latter shall control.
38. Additional Assurances
In administering programs under JTPA, the contractor assures and certifies that:
)
a. It shall comply with Title VI of the Civil Rights Act of 1975 (P.L. 88-352) ;
b. It shall comply with the
p Y provisions of the Uniform Relocation Assistance and Real
Property Acquisition Act of 1970 (P.L. 91-646) which requires fair and equitable d(
treatment of persons displaced as a result of federal and federally assisted
programs.
c. -It shall comply with the provisions of the Hatch Act (5 U.S.C. 1501-1508 and 7324-
7328) which limits the political activity of certain state and local government
employees.
d. No facilities to be utilized in the performance of the proposed contract are
subject to or are currently listed by the EPA as a violation facility.
e. It shall comply with provisions of the Drug Free Workplace Act of 1988 (P.L. 100-
690, Title V, subtitle D) , 29 CFR, Part 98.
f. It shall comply with Public Law 101-121, Section 319, 29 CFR Part 93, restrictions
on lobbying.
g. The contractor has read and signed the Certification Regarding Debarment,
Suspension, and other Responsibility Matters Primary Covered Transactions as
required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510.
39. Reference Material
The contractor acknowledges receipt of the following documents or modifications thereof
as referenced in this contract:
a. Job Training Partnership Act (JTPA) , P.L. 97-300
b. JTPA Regulations, 20 CFR, Parts 626 through 638
c. SDA Two Year Job Training Plan
d. Governor's Special Services and Coordination Plan
e. ORJT Operations Handbook
f. SYETP Title ITS Plan
g. Current EDWAA Plan
40. Policy Guidance
The contractor agrees to comply with the following GJTO issuances and policy guidance
statements, as may from time to time be amended or re-issued:
Page 14 of 17 Pages
a. JTPA Letter 90-10, Audit Policy and Procedures (11/8/90)
b. JTPA Letter 91-05, Cost Principles (3/7/92)
c. JTPA Letter 91-13, Sanction Policy (1/22/92)
d. JTPA Letter 91-15, Procurement Policy and Procurement Monitoring (2/27/92)
e. JTPA Letter 91-18, Nepotism Policy (3/11/92)
41. Entire Understanding
This contract is intended as the complete integration of all understandings between the
parties. No prior or contemporaneous addition, deletion, or other amendment hereto
shall have any force or effect whatsoever, unless embodied herein in writing. No
subsequent novation, renewal, addition, deletion, or other amendment hereto shall have
any force or effect unless embodied in a written contract executed and approved
pursuant to the State Fiscal Rules.
Page 15 of 17 Pages
930178
•
•
Form fi-AC-s2B
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.This
provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
•
2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted and otherwise
made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection.repair.maintenance.or improvement of any building,
road,bridge.viaduct,tunnel.excavation or other public works for this State,the contractor shall,before entering the pe^,ormance 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:he total amount payable by the terms of this contract. Such bond shall be duly executed by a
qualified corporate surety,conditioned for the due and faithful performance of the contract,and in addition,shall provide that if the contractor or his subcontractors
fail to duly pay for any labor,materials-team hire.sustenance,provisions,provender or other supplies used or consumes by such contractor or his subcontractor in
performance of:he work convected 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 requires.is executed.delivered and filed.no claim in favor of the contractor arising under this contract
shall be audited.allowed or paid.A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a
bond. This provision is in compliance with 33-26-106 CRS. as amended.
LNDE3INIFICATION
4. To the extent authorized by law. :he contractor shall indemnify. save and hold harmless the State, its employees and agents, against any and all claims.
damages,liability and court awaras including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor,or ifs employees,
agents, subcontractors,or assignees pursuant to the terms of this contract.
DISCRIMLNATION 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 123-34-402.CRS 1982 Replacement Vol.),and as required by Executive Order,Equal Opportunity and Alf=a-
titre Action, dated April 16. 1975. Pursuant thereto, the following provisions shall be contained in ail State contracts or sub-contracts.
During the performance of this contract- the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin,sex,marital status.
religion,ancestry,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants are employed.and that employees are
treated during employment,without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following:employment.
upgrading,demotion,or transfer,recruitment or recruitment advertising;lay-offs or terminations:rates of pay or other forms of compensation:and selection for
training,including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be pro-
vided by the contracting officer setting forth provisions of this non-discrimination clause.
(2) The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that ail qualified applicants will receive
consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or
age.
(3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understand-
ing,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under the Executive
Order, Equal Opportunity and Affirmative Action,dated April 16, 1975. and of the rules, regulations, and relevant Orders of the Governor.
(4) The contractor and labor unions will furnish all information and reports required by Executive Order.Equal Opportunity and Affirmative Action of April 16,
1975.and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books,records,and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders.
(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization.or expel any such individual
from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity,because of race,creed,color.
sex, national origin, or ancestry.
• •
(6) A labor organization,or the employees or members thereof will not aid.abet,incite,compel or coerce the doing of any act defined in this contract to be dis-
criminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder:or attempt either directly or
indirectly, to commit any act defined in this contract to be discriminatory. •
395-53-01-1022
Revised L38 page 16 of 1L Pages oc.io-nogg'a
• 930178
•
Form 6-AC-02C
(7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contractor or with any of such rules,regulations,or orders,this
contract may be cancelled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance
with procedures,authorized in Executive Order,Equal Opportunity and 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 subcontractor purchase order unless exempted by rules,
regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions will be binding
upon each subcontractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may
direct,as a means of enforcing such provisions,including sanctions for non-compliance;provided,however,that in the event the contractor becomes involved
in,or is threatened with,litigation with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State
of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of 8-17-101&102,CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereun-
der and are financed in whole or in part by State funds.
b. When construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder
from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is deter-
mined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be avail-
able or would otherwise be inconsistent with requirements of federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of
•
the moneys or to eliminate the inconsistency with federal requirements (section 8-19-101 and 102, CRS).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution and enforcement of this
contract.Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or
•
which is otherwise in conflict with said laws,rules and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by
reference which purports to negate this or any other special provision in whole or in pan shall be valid or enforceable or available in any action at law whether by
way of complaint,defense or otherwise.Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to
the extent that the contract is capable of execution.
8. At all times during the performance of this Contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules and regulations that
have been or may hereafter be established.
9. The signatories hereto aver that they are familiar with 18-8-301,et.seq.,(Bribery and Corrupt Influences)and 18-8-401,et.se CRS 1978 Replacement Vol., and that no violation of such provisions is present. 4•(Abuse of Public Office),
10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the service or property
described herein:
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
Contractor:
(Full Legal Name)Weld County Board of
STATE OF COLORADO
County Commissioners ,L ROY ROMER, GOVERNOR
"
By
Position (Tide) Chairperson 049/Aa/Si8 9 EXECUTIVE DIRECTOR
3y - 60600313
Social Security Number or Federal I.D.Number DEPARTMENT
(If Corporation:) of Local Affairs
Attest (Seal) Y /O •
•
;/ �
By J. Dwight Steele, Director
orporate Secretary,er'E�Gi.alficr�c;Y/co` �tycf� Office of Rural Job Training
`--• APPROVALS
ATTORNEY GENERAL CONTROLLER
By
By
•
•
395-53-01-1030(Revised I/138) 'See
3.7 which is the last or l]pages
•See instructions on reverse side. DC-I0.2305a-88
9:0178
1
mtmoRAnDun
WIlD Weld County Board of Commissioners
To Constance L. Harbert Date
May 24, 1993
COLORADO From Walter J. Speckman, Human Resources Executive Director �.
Contract Between Employment Services of Weld County and
Subject:
dining
Enclosed for Board approval is a contract between the Department of
Local Affairs, Office of Rural Job Training and Employment Services
of Weld County, for the Weld County Youth Conservation Corps Plan.
The Plan was approved by the Board on the April 19, 1993.
Funding provided for the project is $12,250.00, and the period of
performance is June 7, 1993, through September 30, 1993.
If you have any questions, please telephone me at 353-3816.
930478
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