HomeMy WebLinkAbout940414.tiff RESOLUTION
RE: APPROVE COST REIMBURSEMENT CONTRACT BETWEEN COLORADO DEPARTMENT OF LOCAL
AFFAIRS, OFFICE OF RURAL JOB TRAINING, AND EMPLOYMENT SERVICES 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 the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of Weld County Employment Services, and
the Colorado Department of Local Affairs, Office of Rural Job Training,
commencing June 1, 1994, and ending September 30, 1994, with 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 the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of Weld County Employment Services, and the 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 9th day of May, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY C ORA 0
Weld County Clerk to the Board r (2/ � - #
W. H. Webster, C air
BY: <�2u (." k
Deputy Crk to the Board . Hall, P o-T m
APPROVED AS TO FORM:
'George Baxter
EXCUSED
County Attorney Constance L. Harbert
EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
940414
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CYCSCWELD.94
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COST REIMBURSEMENT CONTRACT
THIS CONTRACT is made this 29th day of April 1994, 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 number 92COSTC00002 through
the National and Community Service Act of 1990, Public Law 101-610; 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 youth service or
conservation corps programs for teenagers and young adults; and
WHEREAS, as of the date of execution of this agreement 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 satisfactory and proper manner, all employment
and training services in compliance with the "Statement of Work" set forth on 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 eighteen thousand,
three hundred fifty-four no/100 dollars ($18,354) and in no event shall obligations be made
after September 30, 1994.
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III. Period of Performance
The contractor agrees to commence delivery of the contemplated services on the
1st day of June 1994, 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 1994.
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, in such form and detail required by ORJT. 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. Changes 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. Work Statement
A. Corps Description
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 twenty (20) corpsmembers, to
Page 2 of 23 Pages 940414
be supported with funding from the JTPA program, 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
four (4) corpsmembers and associated operating costs to be incurred 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 Probation, 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.
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, the contractor will
ensure that 75% of the participants are educationally or economically disadvantaged; 30%
will be female; 40% will be minorities; 100% will complete pre-employment/work maturity
competency; 30% will work in non-traditional jobs; and 50% will proceed to secondary, post-
secondary education, vocational training, apprenticeship, job corps, military enlistment,
other JTPA training or entry level employment.
B. Eligibility and Target Populations
Individuals enrolled into conservation and service corps programs shall at
the time of enrollment be citizens or nationals of the United States or lawful permanent
resident aliens of the United States and be not less than 14 years of age nor 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 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
Page 3 of 23 Pages 940414
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 activities described above shall not be conducted by any business
organized for profit; labor union; partisan political organization; religious group or
organizations and domestic or personal service company or organization.
The contractor has identified the Fort Vazquez Museum, City of Greeley and
a local park in Fort Lupton as the work projects 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. Responsibilities to Participant
The contractor may provide facilities, quarters, and board and shall
provide, if appropriate, limited and emergency medical care, transportation from
administrative facilities to work sites, accommodations for individuals with disabilities,
child care, and other supportive services including supplies and equipment to each
participant.
E. Post-Service Benefits
If post service benefits are provided, participants who successfully
complete the program shall receive a post-service benefit which shall be used for education
or training benefits. The amount shall be determined by the contractor, however, the post-
service benefit may not exceed $100 per week, or $5,000 per year, whichever is less.
F. Evaluation
The contractor agrees to cooperate with the Commission on National and
Community Service, the Colorado Department of Education, the University of Colorado and the
Office of Rural Job Training in evaluating the activities and effects of participation in
the corps experience. This will include, but not necessarily limited to, the collection
and analysis of data; any required federal or state reports; quality control; the
effectiveness of the program; program and participant outcomes, including the selection and
collection of information about control groups who are not selected to participate in
funded programs; reflective experiences and return on investment for the work performed.
The contractor will submit an interim written report for the period ending June
30, 1994 and a program final written report in the format required by ORJT indicating the
accomplishments of the program's goals and objectives.
G. Academic Credit
The contractor certifies that standards and procedures for the awarding of
academic credit and the certification of educational attainment in programs conducted under
the NCSA are consistent with the requirements of applicable state and local laws and
regulations. These standards and procedures provide that participants: 1) will
participate in programs that will prepare them to earn a high school diploma or equivalent
for non-high school graduates; 2) may arrange to receive academic credit in recognition of
the education and skills obtained from service satisfactory completed; and 3) use service
learning methods whenever practicable. (� ('4 A
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H. Monitoring
The contractor shall monitor all project components and activities during
the operational phase of the project, and the results documented, for the following:
1. Basic Education: each educational site shall be monitored once within
a period of 4 weeks and twice in any period exceeding 4 weeks;
2. Youth Conservation sites: each work site must be. formally monitored at
least once during the program;
Monitoring must address, at a minimum: compliance with applicable laws and
regulations, including child labor laws; compliance with ORJT policy and the State plan;
completion of required documents, including testing and/or time and attendance reports; and
effectiveness in meeting the goals established for the project component. In addition,
each participant shall complete an evaluation of the program that is to be made part of the
participant file.
I. Budget and Budget Requirements - WELD
1. Budget
Total
a. Administration $ 917
b. Staff Personnel and
Benefits $ 5,649
c. Living Allowances and
Benefits $ 9,253
d. Training and Education $ 1,835
e. Post-Service Benefits $ -0-
f. Other $ 700
TOTAL CONTRACT AMOUNT $18,354
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 Act (FICA) payments must also be withheld.
3. Equipment Purchase .
No capital equipment shall be purchased from funds obligated in this
contract.
Page 5 of 23 Pages 94C414
IX. Matching Funds
The National Community and Service Act mandates that every dollar expended from
American Conservation and Youth Service Corps funds be matched in an amount from non-
federal sources equal to 25% of the total amount of such activities. To comply with this
requirement, the contractor agrees to provide an overall match of seventeen thousand, five
hundred twenty-five and no/100 dollars ($17,525) which represents the contractor's share of
the total grant amount plus the contractor's proportionate share for administration,
evaluation and planning grants. The non-federal match may be in cash. (from non-federal
public or private funds) or in-kind contributions.
X. 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.
XI. 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.
XII. Special Condition
The contractor shall perform its duties hereunder as a contractor and not as an
employee. Neither the contractor nor any agent or employee of the contractor shall be or
shall be deemed to be an agent or employee of the state. THE CONTRACTOR SHALL PAY WHEN DUE
ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING INCLUDING ALL FEDERAL AND STATE
INCOME TAX AND LOCAL HEAD TAX ON ANY MONEYS PAID PURSUANT TO, THIS CONTRACT. THE CONTRACTOR
ACniOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE
BENEFITS UNLESS THE CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE
DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. THE CONTRACTOR SHALL HAVE NO
AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR
UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN.
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cycscpro.req
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 programs and services under this
contract. Community agencies and other human services providers shall be actively
encouraged to refer potentially eligible clients for enrollment.
The contractor shall select and enroll participants for the program who are most in
need of conservation and service corps 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
eligibility requirements at the time of enrollment. Determination of eligibility
shall be made and documented for each applicant in accordance with requirements
specified by the Commission on National and Community Service.
3. Intake and Assessment
Applicants enrolled in the program will undergo initial assessment, including
assessment of reading and math skills, to determine which services will be most
beneficial. Testing for specific learning disabilities may be provided if
determined appropriate.
4. Orientation to the Program
Participants shall receive orientation to the program which will include topics such
as: participant rights/responsibilities, safety, supervision, complaint procedures,
and the payroll system. Training agreements, if applicable, and complaint procedure
forms, will be reviewed and signed by the participant.
Crew supervisors shall receive an orientation to the program which will include
topics such as: safety, program goals, program responsibilities, crew supervision,
child labor laws, and other topics related to the supervision of the crew.
5. 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, activity forms, grievance form, case log
notes, employability development plan, if appropriate, and other applicable ORJT
forms required according to the activity of enrollment.
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6. Particivant 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 will be covered by worker's compensation insurance, to be obtained by
the contractor.
No particpant shall receive a living allowance with funds from the Act which exceeds
an amount equal to 100% of the poverty line for a family of two as defined in
section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) .
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.
7. Limitation on Placement
No participant shall perform any specific activity for more than a six month period.
No participant shall remain enrolled in conservation or service corps programs for
more than 24 months.
8. Public Lands or Indian Lands
To be eligible to receive assistance, a program must carry out activities on public
lands or Indian lands, or result in a public benefit. A program carried out with
assistance for conservation, rehabilitation, or improvement of any public lands or
Indian lands shall be consistent with: a) the provisions of law and policies
relating to the management and administration of such lands, and all other
applicable provisions of law; b) all management, operational and other plans and
documents that govern the administration of such lands; and c) any land or water
conservation program administered in any State under the authority of any Federal
program is encouraged to use services available under conservation corps programs.
9. Training Services Provided
The contractor shall provide training activities in compliance with the National and
Community Service Act of 1990 (NCSA) , Public Law 101-610, as amended, the
regulations, the requirements of the Commission on National and Community Service
(CNCS) , and the ORJT.
10. Internal Monitoring
The contractor shall establish procedures for regular internal monitoring which, at
a minimum, must consist of monthly visits to 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;
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c. ensure that each participant file contains a completed and signed application
form W-4, I-9, if applicable, and complaint procedures. Applicable log notes
and time sheets shall also be included; and
d. validate and verify subcontractor cost claims.
11. 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.
12. Funding Level Changes
The parties agree that the ORJT reserves the option, in the event that it receives
notification of a cut in grant funds, which funds are the basis of this contract, to
reduce contract funding in any amount or to terminate the contract at its
discretion.
13. Subject to the State Comprehensive Service Plan
The contractor shall abide by all the terms and conditions of the State
Comprehensive Service Plan, as such may be from time to time modified, to the extent
that the terms thereof apply to the program services provided for herein.
14. Coordination
The contractor agrees to facilitate and assist in the implementation of the
coordination criteria contained in the State Comprehensive Service Plan and with the
coordination criteria contained in 45 CFR Chapter XXV.
Additionally, the contractor agrees to comply with all coordination agreements
negotiated by the ORJT and/or the Colorado Youth Conservation Service Corps Council,
and to facilitate coordination efforts which may include, but are not limited to
elimination of duplication of services, improved services to clients, inter-agency
training, service learning, the Colorado Youth Services Alliance and local planning
for conservation and service programs.
The contractor also agrees to coordinate services and seek referrals from programs
operated by JTPA service delivery areas.
15. 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, participant and
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financial records shall be transferred to ORJT in an orderly fashion with documents
properly labeled and filed and in an acceptable condition for storage.
16. Access to Records
At any time during normal business hours and as often as the Comptroller General of
the United States, the Commission on National and Community Service, or their
designees, or ORJT may deem necessary, the contractor shall make available for
examination, all of its records with respect to all matters covered by this
contract. The Comptroller General, the Commission, or its designees, or ORJT shall
have the authority to audit, evaluate, 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 Comptroller General, the Commission on
National and Community Service or ORJT; (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.
17. Monitoring
The contractor shall permit the ORJT or the Commission on National and Community
Service, 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 45 CFR Chapter XXV. 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.
18. Limitation to 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 Commission on
National and Community Service, under Public Law 101-610, as amended, 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 Colorado Department of Education. The
contractor also assures that personal or real property procured with NCSA funds
shall be used for purposes authorized by the Act, and shall maintain accountability
for property in accordance with State procedures.
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The contractor shall make a written request to ORJT prior to disposition of any
property or equipment purchased with NCSA funds. No disposition will be made of
such equipment without written approval from ORJT. The proceeds from the authorized
sale of any property will be used only for purposes authorized under the Act.
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.
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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, 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. At a minimum this will
include a comparison of actual accomplishments with the goals established for the
program, the number of participants, the number of service hours generated and the
existence of any problems, delays or adverse conditions that have affected or will
affect the attainment of program goals. Such written analysis shall be in
accordance with the procedures developed and prescribed by the Commission or 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 within
the 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
Page 12 of 23 Pages
940414
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
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
NCSA and regulations and procedures established by ORJT. 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 National and Community Service Act, 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 CNCS funds received by the ORJT concerning any program under this
contract; (3) changes to the State Comprehensive Service 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 by ORJT for modifying
contract budgets. In the case where the total amount and term of the contract are
not affected, ORJT approval pursuant to prescribed procedures 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.
Page 13 of 23 Pages
94C414
33. Litization
Unless otherwise provided, the contractor shall notify ORJT, 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 ORJT.
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 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. Labor Organization Consultation
When appropriate, the contractor agrees to seek appropriate consultation with labor
organizations representing employees engaged in the same or similar work prior to
the placement of any participant at a project site.
36. 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 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
NCSA 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.
37. Subject to the NCSA and Regulations
The contractor shall abide by all the terms and conditions of the National and
Community Service Act, as amended, 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
Page 14 of 23 Pages
940414
directives may from time to time be amended. The contractor shall otherwise comply
with the applicable federal provisions governing the following:
a. nondiscrimination;
b. minimum wage;
c. Workers Compensation and the Occupational Safety and Health Act of 1970;
d. Davis-Bacon Act requirements in the employment of laborers and mechanics in
federally assisted construction projects;
e. grievance procedures;
f. enforcement of Military Selective Service Act;
g. program income;
h. procurement;
i. management systems, reporting and record keeping;
j . audits;
k. oversight and monitoring.
This agreement is expressly made subject to the NCSA, 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 NCSA, 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 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.
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. Ensure compliance with the Drug-Free Workplace Requirements for Federal Grant
Recipients under sections 5153-5158 of the Anti-Drug Abuse Act of 1988 (41
U.S.C. 702-707) .
f. It shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et
seq. ) .
g. It shall comply with Public Law 101-121, Section 319, 29 CFR Part 93,
restrictions on lobbying.
h. 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. National and Community Service Act of 1990, P.L. 101-610
b. Colorado Youth Conservation Corps Act, H.B. 91-1281
c. State Comprehensive Service Plan
d. American Conservation and Youth Service Corps Proposal
Page 15 of 23 Pages
940414
e. National and Community Service Grant Programs, 45 CFR Chapter XXV
40. 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 16 of 23 Pages
940414
GRANT GENERAL PROVISIONS
1. Definitions
For the purpose of this grant program, the following definitions will be used:
(a) Act means the National and Community Service Act of 1990 (Pub. L. 101-610, as
amended) .
(b) Commission means the Commission on National and Community Service established
under section 190 of the Act and is the grantor agency.
(c) Grantee means the entire legal entity even if only a particular component of the
entity is designated in the grant award document. The grantee is accountable
for the use of funds.
(d) State means each of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and Palau, until such time as the
Compact of Free Association is ratified.
(e) Indian Tribe means an Indian tribe, band, nation, or other organized group or
community, including Alaska Native village or regional or village corporation as
defined in or established pursuant to the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq. ) that is recognized as eligible for the special programs
and services provided by the United States to Indians because of their status as
Indians.
(f) Local Applicant means any eligible applicant other than a State or Indian tribe,
unless the Indian Tribe is applying as a recipient under a State application or
grant in which case the Indian Tribe would be deemed to be a local applicant for
purposes of these provisions.
(g) Institution of Higher Education has the same meaning given such term in section
1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)) .
(h) Service-Learning means a method:
(i) Under which students learn and develop through active participation in
thoughtfully organized service experiences that meet actual community
needs and that are coordinated in collaboration with the school and
community;
(ii) That is integrated into the student's academic curriculum or provides
structured time for a student to think, talk, or write about what the
student did and saw during the actual service activity;
(iii) That provides students with opportunities to use newly acquired skills
and knowledge in real-life situations in their own communities; and
(iv) That enhances what is taught in school by extending student learning
beyond the classroom and into the community and helps to foster the
development of a sense of caring for others.
(i) Service Opportunity means a program or project, including service-learning
programs or projects, that enables participants to perform meaningful and
constructive service in agencies, institutions, and situations where the
application of human talent and dedication may help to meet human, educational,
linguistic, public safety, and environmental community needs, especially those
relating to poverty.
(j) Out-Of-School Youth means an individual who:
(i) Has not attained the age of 27;
(ii) Has not completed college or the equivalent thereof; and
(iii) Is not enrolled in an elementary or secondary school or institution of
higher education.
(k) Partnership Program means a program through which adult volunteers, public or
private agencies, institutions of higher education, or businesses assist a local
educational agency.
Page 17 of 23 Pages
940414
(1) Youth Corps Program means a program, such as a conservation corps or youth
service corps program, that offers full-time, productive work (to be financed
through living allowances) with visible community benefits in a natural resource
or human service setting and that gives participants a mix of work experience,
basic and life skills, education, training, and support services.
(m) Community-based agency means a private nonprofit organization that is
representative of a community or a significant segment of a community and that
is engaged in meeting human, educational, or environmental community needs,
including churches and other religious entities, public safety organizations and
community action agencies.
(n) Administrative costs or expenses include: costs associated with overall program
administration; salaries and benefits for director and administrative staff of
existing organizations that sponsor a funded program; and insurance that
protects the grantee (e.g. , liability insurance) . Non-administrative (direct
service) costs include: costs relating to service delivery (services that
directly benefit participants) ; salaries and benefits of staff who train, place,
and supervise such staff; costs of providing living allowances and usual in-
service education and training for participants; insurance that benefits
participants; and evaluation of the program as required by the terms and
conditions of the grant. Of course, particular costs charged to the proposed
program might be prorated (with documentation) between direct services and
administration. If personnel, equipment, or other resources are shared between
the proposed program and unrelated programs, the costs must be pro-rated.
(o) Other definitions can be found in the Commission's regulations, 45 CFR Chapter
XXV.
2. Administrative Provisions
The following applicable Federal cost principles, administrative and audit requirements
are incorporated by reference:
(a) For States, Indian Tribes, U.S. Territories, and Local Governments, the
following apply:
(i) The Common Rule for Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments, 45 CFR 602 as
implemented by OMB Circular 102
(ii) OMB Circular A-87, Cost Principles for State and Local Governments
(iii) OMB Circular A-128, Audits of States and Local Governments
(b) For Nonprofit Organizations, the following apply:
(i) OMB Circular A-110, Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals and Other
Nonprofit Organizations
(ii) Cost Principles:
a. OMB Circular A-21, Cost Principles for Educational Institutions
b. OMB Circular A-122, Cost Principles for Nonprofit Organizations
c. OMB Circular A-133, Audits of Institutions of Higher Learning and
Other Nonprofit Institutions
3. Contractor Responsibilities
(a) The contractor has full responsibility for managing the day-to-day operations
and the conduct of the project or activity under the grant and subgrant
supported activities and for adherence to the award conditions. Although the
contractor is encouraged to seek the advice and opinion of the Office of Rural
Job Training (ORJT) on special problems that may arise, such advice does not
diminish the contractor's responsibility for making sound judgements and should
Page 18 of 23 Pages
940414
not imply that the responsibility for operating decisions has shifted to the
ORJT.
(b) The contractor is responsible for notifying the ORJT of any significant problems
relating to the administrative or financial aspects of the grant or any
allegation of misconduct that it concludes has substance.
(c) Written prior approval from the ORJT is required for significant project changes
such as transfer of the project or changes in the Scope or Objectives.
4. Acknowledgement of Support and Disclaimer
(a) The contractor is responsible for assuring that an acknowledgement of ORJT
support will appear in any report or publication of any material based on or
developed under this project, in the following terms:
"This material is based upon work supported by the Commission on National and
Community Service under Grant No. 92COSTCO 0002."
(b) The contractor shall assure that every publication of material except brief
articles contain the following disclaimer:
"Any opinions, findings, and conclusions or recommendations expressed in this
material are those of the author(s) and do not necessarily reflect the views of
the Commission on National and Community Service. "
(c) The contractor is responsible for assuring that two copies of every article or
publication of material based on this grant, clearly labeled with the grant
number, are sent to the ORJT promptly.
5. Supplementation, Nonduplication, and Nondisplacement.
(a) Supplementation.
(i) Recipients of funds under this grant are advised that such funds are to
be used only to supplement, not supplant, State and local public funds
expended for services of the type assisted under this grant in the
previous fiscal year.
(ii) Paragraph (i) of this section shall be satisfied, with respect to a
particular program, if the aggregate expenditure for such program for the
fiscal year in which services are to be provided will not be less than
the aggregate expenditure for such program in the previous fiscal year,
excluding the amount of Federal assistance provided and any other amounts
used to pay the remainder of the costs of programs assisted under this
grant.
(b) Nonduplication.
(i) In general, funds may be used only for a program that does not duplicate,
and is in addition to, an activity performed by paid employees in the
locality being served by the program; this requirement shall not be
construed to bar the replication of an exemplary volunteer or community
service program; and
(ii) Assistance made available under this grant shall not be provided to a
private nonprofit entity to conduct activities that are the same or
substantially equivalent to activities provided by a State or local
government agency that such entity resides in, unless the requirements of
paragraph (c) of this section are met.
(c) Nondisplacement.
(i) Further, an employer shall not displace an employee or position,
including partial displacement such as reduction in hours, wages, or
employment benefits, as a result of the assistance used by the employer
of a participant in a program funded under this grant. A service
opportunity may not infringe in any manner on the promotional opportunity
of an employed individual. A participant in a program receiving
assistance under this grant shall not perform any services or duties or
Page 19 of 23 Pages 940414
engage in activities that would otherwise be performed by an employee as
part of the assigned duties of such employee. Services may not be
performed that would supplant the hiring of employed workers or would
otherwise be performed by an employee, including an employed worker who
recently resigned or was discharged; an employee who is subject to a
reduction in force; an employee who is on leave (terminal, temporary,
vacation, emergency, or sick) ; or an employee who is on strike or who is
being locked out.
6. Grievance Procedure
(a) General. State and local applicants that receive assistance under this grant
shall establish and maintain a procedure to adjudicate grievances from
participants, labor organizations, and other interested individuals concerning
programs that receive assistance under this grant. Such grievances may include
proposed placements of participants in projects receiving assistance.
(b) Deadline for grievances. Except for a grievance that alleges fraud or criminal
activity, a grievance shall be made not later than 1 year after the date of an
alleged occurrence.
(c) Deadline for hearing and decision. If a hearing is held on a grievance, it
shall be conducted no later than 30 days from the date of the filing of the
grievance. A decision shall be made not later than 60 days from the date of the
filing of the grievance.
(d) The contractor shall follow the grievance procedures established by ORJT.
(e) Arbitration. When there is an adverse decision on a grievance, or 60 days after
the filing of a grievance if no decision has been reached, the party filing the
grievance shall submit the grievance to binding arbitration before a qualified
arbiter who is jointly selected and independent of the interested parties . Any
resulting proceedings shall be held no later than 45 days after the request for
arbitration, with a decision made not later than 30 days after the date of the
proceeding. The cost of arbitration shall be divided evenly between the parties
to the arbitration.
(f) Proposed placement. If a grievance is filed regarding a proposed placement of a
participant in a program that receives assistance under this chapter, such
placement shall not be made unless it is consistent with the resolution of the
grievance in accordance with the requirements of this part.
(g) Remedies. Remedies for a grievance filed under this part include suspension or
termination of payments for assistance under this grant, and prohibition of a
placement of a participant described in paragraph (f) of this section.
7. Prohibition on Use of Funds for Certain Purposes
(a) Prohibited uses. No assistance made available under a grant shall be used to
provide religious instruction, conduct worship services, or engage in any form
of proselytization.
(b) Political activity. Assistance provided under this grant shall not be used by
program participants and program staff to:
(i) Assist, promote, or deter union organizing; or
(ii) Finance, directly or indirectly, any activity designed to influence the
outcome of an election to Federal office or the outcome of an election to
a State or local public office.
(c) Contracts or collective bargaining agreements. A project that receives
assistance under this chapter shall not impair existing contracts for services
or collective bargaining agreements.
8. Treatment of Benefits
Living allowances and post-service benefits provided to individuals
participating in programs under this grant shall not be considered as income for
the purposes of determining eligibility for and the amount of income transfer
Page 20 of 23 Pages
940414
and in-kind aid furnished under any Federal or federally assisted program based
on need, other than programs under the Social Security Act.
9. Treatment of Living Allowances
Living allowances received under this grant shall not be considered in the
determination of expected family contribution or independent student status
under subpart 1 of part A of title IV, and part F of title IV, of the Higher
Education Act of 1965.
10. Health and Safety Standards
(a) Program agencies shall establish and meet standards and enforcement procedures
concerning the health and safety of participants for all projects , consistent
with Federal, State, and local health and safety standards.
11. Federal and State Employee Status
(a) General Responsibility. Participants and crew leaders shall be responsible to,
or be a responsibility of, the program agency administering the program on which
such participants , crew leaders, and volunteers work.
(b) General Treatment as a Non-Federal Employee. Except as otherwise provided under
paragraphs (c) and (d) of this section, a participant or crew leader in a
program that receives assistance shall not be considered a Federal employee and
shall not be subject to the provisions of law relating to Federal employment.
(c) Work-Related Injury. A participant or crew leader serving in a program that
receives assistance shall be considered an employee of the United States, within
the meaning of the term "employee" as defined in section 8101 of title 5, United
States Code, for the purposes of subchapter I of chapter 81 of title 5, United
States Code, relating to the compensation of Federal employees for work
injuries. The provision of that subchapter shall apply, except:
(i) The term "performance of duty", as used in such subchapter, shall not
include an act of a participant or crew leader while absent from the
assigned post of duty of such participant or crew leader, except while
participating in an activity authorized by or under the direction and
supervision of a program agency, (including an activity while on pass or
during travel to or from such post of duty) ;
(ii) Compensation for disability shall not begin to accrue until the day
following the date that the employment of the injured participant or crew
leader is terminated; and
(iii) In computing compensation benefits for disability or death, the annual
rate of pay of a full-time participant shall be deemed to be such entry
salary for a grade GS-5 employee, and the annual rate of pay of a
participant enrolled for a period of summer service shall be deemed to be
25 percent of such entry salary.
(d) Tort Claims Procedure. For purposes of chapter 171 of title 28, United States
Code, relating to tort claims procedure, a participant or crew leader assigned
to a youth corps program for which a grant has been made to, or other
appropriate arrangement entered into with, the Secretary of Agriculture,
Secretary of the Interior, or the Director of ACTION, shall be considered an
employee of the United States within the meaning of the term "employee of the
government" as defined in section 2671 of title 28, United States Code.
Page 21 of 23 Pages
940414
Form 6-AC-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 current fiscal year are contingent upon funds for that purpose being appropriated,budgeted and otherwise
made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building,
road,bridge,viaduct,tunnel,excavation or other public works for this State,the contractor shall,before entering the performance of any such work included in this
contract,duly execute and deliver to and file with the official whose signature appears below for the State,a good and sufficient bond or other acceptable surety to be
approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract.Such bond shall be duly executed by a
qualified corporate surety,conditioned for the due and faithful performance of the contract,and in addition,shall provide that if the contractor or his subcontractors
fail to duly pay for any labor,materials.team hire,sustenance,provisions.provendor or other supplies used or consumed by such contractor or his subcontractor in
performance of the work contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the
rate of eight per cent per annum.Unless such bond,when so required,is executed,delivered and filed,no claim in favor of the contractor arising under this contract
shall be audited,allowed or paid.A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a
bond.This provision is in compliance with 38-26-106 CRS, as amended.
INDEMNIFICATION
4. To the extent authorized by law,the contractor shall indemnify,save and hold harmless the State, its employees and agents, against any and all claims,
damages,liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor,or its employees,
agents. subcontractors,or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,as amended,and other applicable law respecting
discrimination and unfair employment practices(24-34-402.CRS 1982 Replacement Vol.),and as required by Executive Order,Equal Opportunity and Affirma-
tive Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts.
During the performance of this contract,the contractor agrees as follows:
(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;layoffs or terminations;rates of pay or other forms of compensation;and selection for
training,including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be pro-
vided by the contracting officer setting forth provisions of this non-discrimination clause.
(2) The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive
consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap,or
age.
(3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understand-
ing,notice robe 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 22 23
Revised 1/88 page _of_ pages De-io-nob.-ss
940414
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(I)through(8)in every sub-contract and subcontractor purchase order unless exempted by rules,
regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16,1975,so that such provisions will be binding
upon each subcontractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may
direct,as a means of enforcing such provisions,including sanctions for non-compliance;provided,however,that in the event the contractor becomes involved
in,or is threatened with,litigation with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State
of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of 8-17-101&102,CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereun-
der and are financed in whole or in part by State funds.
b. When construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder
from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is deter-
mined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be avail-
able or would otherwise be inconsistent with requirements of federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of
the moneys or to eliminate the inconsistency with federal requirements (section 8-19-101 and 102, CRS).GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution and enforcement of this
contract.Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra judicial body or person or
which is otherwise in conflict with said laws,rules and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by
reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by
way of complaint,defense or otherwise.Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to
the extent that the contract is capable of execution.
8. At all times during the performance of this Contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules and regulations that
have been or may hereafter be established.
9. The signatories hereto aver that they are familiar with 18-8-301,et.seq.,(Bribery and Corrupt Influences)and 18-8-401,et.seq.,(Abuse of Public Office),
CRS 1978 Replacement Vol., and that no violation of such provisions is present.
10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in th- r. .__. - ;:;cpv;:y
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
g STATE OF COLORADO
County Commissioners ROY ROMER, GOVERNOR
II e../i By
Chairperson05/11/94 •5 EXECUTIVE DIRECTOR
- -
Position (Title)
84-6000813
Social Security Number or Federal I.D. Nuttier DEPARTMENT
Sea4e17 OF Local Affairs
of Corporation:)
Attest (Seal)
1 � • J. Dwight Steele, Director
By � ��'"/�' `�/� '- Office of Rural Job Training
—$ iN6C k�?f*X44yYin i,X0ixconnt,Cleo: to Board ra g(r}(sysX
APPROVALS
ATTORNEY GENERAL CONTROLLER
By By
Page 23 which is the last or 23 pages
395-53-01-1030(Revised 1/88) 'See instructions on reverse side. DC-I0-2305a-88
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Weld County Board of Commissioners
To W.H. Webster Date
May 4, 1994
COLORADO From Walter J. Speckman, Human Resources Executive Director OL":27t—,
Contract Between Employment Services of Weld County and
Subject
,
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 Youth Conservation Corps Plan requests $18,354.00 of National
Association of Service and Conservation Corps funding to combine
with $40,000.00 of the Job Training Partnership Act Summer Youth
Employment and Training Program funds. The grant is directed toward
serving 20 high-risk Weld County youth in 12 weeks of meaningful
work and service learning experiences. The youth will be involved
in a refurbishing project of the Ft. Vasquez Trading Post Museum, a
community park restoration project in Ft. Lupton, and a graffiti
removal project in Greeley. Other projects within Weld County are
also planned to be worked on such as a visitor shelter for the
Pawnee Trail. Youth will also participate in basic skills remedial
classes, employability classes, and other educational classes which
will focus on team building and leadership skills.
Funding provided by the Office of Rural Job Training for the project
is $18,354.00, and the period of performance is June 1, 1994,
through September 30, 1994.
If you have any questions, please telephone me at 353-3800.
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