HomeMy WebLinkAbout920754.tiff RESOLUTION
RE: APPROVE GRANT RECIPIENT CONTRACT BETWEEN COLORADO COMMUNITY COLLEGE AND
OCCUPATIONAL EDUCATION AND WELD COUNTY AREA AGENCY ON AGING 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 Grant Recipient Contract
between Colorado Community College and Occupational Education and Weld County
Area Agency on Aging, commencing July 1, 1992, and ending June 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 Grant Recipient Contract between Colorado Community
College and Occupational Education and Weld County Area Agency on Aging 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 12th day of August, A.D. , 1992, nunc pro
tunc July 1, 1992.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board EXCUSED
Geo e Kennedy, Chairman
BY:
Deputy Clerk to the Board Constance L. Harbert, to- em
APPROVED AS FORM: EXCUSED
C. W. Ki y 9
County Attorney Gor . ac
I t/f & z d9iC 0�
W. H. Web ter
920754
/ , _- I-/R,� C L (
COLORADO COMMUNITY COLLEGE AND OCCUPATIONAL EDUCATION SYSTEM
1391 North Speer Boulevard, Suite 600
Denver, Colorado 80204-2554
Telephone: (303) 620-4000
GRANT RECIPIENT CONTRACT
This contract dated this first day of July, 1992, is entered into between the
State of Colorado by the State Board for Community Colleges and Occupational
Education ("State Board" or "CCCOES") and Weld County Area Agency on Aging
("Contractor") .
Recitals
1. The State Board administers certain Job Training Partnership Act monies under
contract with the Governor' s Job Training Office ("GJTO") .
2. Certain monies have been set aside to continue programs in select areas of
Colorado to prepare low income individuals who are at least 55 years of age and
otherwise eligible for Title II-A 3% JTPA programs to enter/re-enter the
workforce.
3. The Contractor is eligible to receive these funds and was selected through
an open competitive process in Program Year 1991 to receive these funds.
4. With these funds, Contractor provides programs designed to assure training
and placement of older workers (55+) in jobs with private and public business,
especially in growth industries and jobs reflecting the use of new technical
skills.
5. The required approval, clearance and coordination has been accomplished from
and with appropriate agencies.
NOW THEREFORE, the parties agree as follows:
I. Term
The period of performance for this Agreement shall be from July 1, 1992
through June 30, 1993.
II. Contract Amount
In consideration of the satisfactory performance of the Contractor under
this Contract, the State Board shall reimburse Weld County Area Agency on
Aging subject to additions and/or deductions as provided by or pursuant
to approved modifications, an amount not to exceed $31,500. Any portion
of these funds not expended by June 30, 1993 shall revert to the State
Board.
III. Scope of Services.
The Contractor agrees to perform, in a professional and workmanlike
manner, the following services for Seniors in Industry:
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1. Recruit and enrolled thirty-three (33) IIA-32 eligible Weld County
residents.
2. Place a minimum of twenty-three (23) in full-time or quality part-
time employment at a wage of no less than $4.25 an hour and an
average wage of $5.50 per hour.
3. Carry-over 3 participants from PY '91 - two participants will be
enrolled in classroom training and one in OJT and report these
individuals separately on the quarterly report.
4. Enroll thirty-three (33) JTPA eligible older worker participants in
JTPA Job Club activity by June 30, 1993.
5. Enroll six (6) JTPA eligible older worker participants in hard
skills training at Aims Community College or Front Range Community
College by June 30, 1993.
6. Enroll two (2) JTPA eligible older worker participants in On-The-Job
Training activity by June 30, 1993.
7. Enroll six (6) JTPA eligible participants in the AARP Works job
search class by June 30, 1993.
8. Coordinate with Green Thumb, Inc. to place six (6) JTPA eligible
older worker participants in either new or existing Green Thumb
positions in Weld County by June 30, 1993.
9. Provide work experience opportunities to 3 JTPA eligible Older
Workers (approximately 60 hours each) .
10. Project will be evaluated in the following ways:
a. Monthly activity reports to PIC and CAC committee of the AAA
Board.
b. Monthly summary report to Director of AAA.
c. Regular meetings of Older Worker specialist.
IV. Budget
A. The Contractor is authorized to spend monies received under this
contract as follows:
ADMINISTRATION (ADM) $ 1,575
Used for pro rata share of Director' s and Accountant' s salaries.
PARTICIPANT SUPPORT (PTC) $ 828
Work experience $ 828
TRAINING (TRNG) $29,097
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Personnel $20,836
for 1 FTE equivalent - includes:
Salary & fringe - 85% of Older Worker Specialist &
15% of Employment Services Staff.
2 Client Services Technicians (reception and job order) and
one Employer Services Coordinator (job development) .
OJT $ 2,800
Tuition, Books, and Student
supplies $ 2,911
Operational Costs $ 1,500
Outreach $ 500
Travel $ 550
TOTAL $31,500
This budget information shall be reported on the attached Exhibit A,
labeled the Job Training Partnership Act Financial Reporting Form which
is incorporated herein by reference.
B. For contracts that do not include administrative costs in Paragraph A,
above, the Contractor agrees to contribute as an in-kind service those
functions and activities under this Contract which are considered
administrative in nature.
C. For contracts requiring a local match in Paragraph A above, the
Contractor agrees to provide a monetary or in-kind match in the amount
indicated on Exhibit A.
D. No program income may be generated by this contract.
V. Amendments to Contract
A. Modification by Operation of Law
This Contract is subject to such modifications as may be required by
changes in Federal or State law or regulations. Any such required
modification shall be incorporated into and be part of this Contract as
if fully set forth herein.
B. Programmatic and Budget Modifications
The Contractor shall follow the revision procedures set forth by CCCOES
and GJTO.
1. The Contractor must submit a written request detailing change(s)
requested and reason for request to CCCOES and obtain prior written
approval from CCCOES for changes to the Scope of Services, the
objectives of the Contract or changes to the budget.
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920754
2. CCCOES will process written modification requests as set forth in
the contract between CCCOES and GJTO. The Contractor will receive
a written notification of approval from CCCOES. Main changes will
also be reflected in a Contract Amendment initiated by CCCOES
requiring original contract signatures.
3. No modifications will be honored unless formally approved by CCCOES.
VI. Reporting Requirements
The Contractor, in a timely manner, agrees to:
A. Compliance
1. Determine, verify and document the eligibility of all participants
required to be JTPA eligible in compliance with GJTO' s eligibility
and documentation and verification policy. Documentation of
Citizenship, Age, Income Level (3% & 8% programs only) , Public
Assistance when applicable (3% & 8% programs only) , Selective
Service registration (8% program only) , family size (3% & 8%
programs only) , and, if appropriate, barriers to employment are
needed.
For EDWAA programs, eligibility certification of Layoff notice,
intent to layoff notice, Unemployment Insurance benefits and proof
of unlikely to return to job of dislocation is needed with the
above-stated documentation.
2. Establish and maintain a participant file for each person enrolled
in a JTPA program under this Contract. The file must include the
original application, transactions/movements and termination forms.
Copy of eligibility verification, reading test scores, signed
grievance procedure, signed log notes, Employability Development
Plan (EDP) , a work history (EDWAA only) and documentation of
supportive services (if provided) will also be maintained in each
participant file.
B. Management Information Systems
1. Provide CCCOES with copies of all forms necessary for the
maintenance of complete and accurate JTPA participant record on the
statewide automated Management Information System (MIS) unless
otherwise stated in this contract.
2. Submit Applications, Transaction/Movement and Termination Forms to
CCCOES (State Board) within 14 days following the event that they
recorded unless otherwise stated in this contract.
3. Only those participants for whom complete, timely data have been
provided will be considered in determining whether the terms of this
contract have been fulfilled.
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C. Financial
1. The Contractor shall report and expend the funds in accordance with
the Budget (Section IV. ) and Exhibit A.
2. The Contractor assures that JTPA funds will be spent on eligible
IIA-8% or 3% or eligible EDWAA participants and will not be
reimbursed by CCCOES for JTPA funds expended on non-eligible or
undocumented clients.
3. If costs incurred are allowable according to the budget, (Section IV
and Exhibit A) and warranted, CCCOES will reimburse the Contractor
on a quarterly basis. To receive payment, the Contractor shall:
Submit, on a quarterly basis, no later than the 15th of the month
following the end of each calendar quarter.
a. A written narrative report specifying status of the project
including obstacles, successes, and progress in meeting each
objective stated herein;
b. A JTPA Contract Summary Quarterly Report; and
c. The JTPA Project Invoice/Request for Payment.
4. To close out the Contract, the Contractor will complete a final
narrative report, in addition to the above mentioned quarterly
narrative, which summarizes the project for its duration and
addresses the progress made toward fulfillment of the Scope of
Services (Section III. ) and submit a Final Financial Reporting Form
(Exhibit A) indicating actual expenditures under each category and
actual match provided if necessary.
5. The Contractor shall use detailed financial reporting procedures
including budgeting, invoicing, financial procedures and budget
revisions and modifications. Payment is based on the reimbursement
of actual costs incurred.
VII. Management Activities and Record Maintenance
A. In addition to any requirements imposed elsewhere in this Contract, the
Contractor shall ensure that sufficient, auditable and otherwise
adequate records that will provide accurate, current, separate and
complete disclosure of the status of the funds received under the
Contract are maintained for three (3) years or the completion and
resolution of an audit; this includes participant files. Such records
shall be sufficient to allow the U.S. Department of Labor, firms
conducting audits of JTPA funds and GJTO to audit and monitor the
Contractor.
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Accordingly, recipients/subrecipients shall maintain a copy of the
Participant Record which records any participant' s participation in the
JTPA program, including dates of entry and termination and shall retain
such dates of entry and termination and shall retain such records at
least a minimum of three years. The time necessary to resolve
litigation; audit or claim involving the grant or agreement covered by
the records, which was initiated prior to the end of the three-year
retention period does extend the retention period.
B. CCCOES, GJTO, the U.S. Department of Labor, CCCOES' s auditors and other
representatives of CCCOES shall, during business hours, have access to
inspect and copy books, records, memoranda, correspondence, personnel
staffing records, independent audit workpapers and any other documents,
and shall be allowed to monitor and review through on-site visits, all
program activities, personnel staff, services and programmatic and
administrative practices, supported with funds under this Contract to
ensure compliance with the terms of this Contract, and provisions of any
subcontracts funded in whole or in part through this contract.
C. The Contractor shall review the findings of CCCOES or representatives
and shall act promptly, as directed by CCCOES, to remedy deficiencies
noted in such findings. If corrective action is not taken and such
deficiencies persist, CCCOES may terminate this Contract.
D. In the event that CCCOES and GJTO determine that the recordkeeping
system of the Contractor does not comply with Federal guidelines,
financial accounting may be done by CCCOES or GJTO, or an accounting
firm or bank approved by CCCOES. The cost to CCCOES or GJTO of any work
shall be deducted monthly from the funds allocated to the Contractor.
VIII. Acknowledgement of Funding
The Contractor agrees to name GJTO and the Governor as the funding
source and CCCOES as the administrator of funds on all public relations
materials, press releases and/or new articles related to services
provided under this Agreement.
VIV. General Provisions
The GJTO General Provisions are attached hereto and marked Exhibit B are
incorporated herein by reference. Contractor agrees to perform those
duties specified in the General Provisions as duties of CCCOES or
SBCCOE. Contractor also agrees to the Assurances agreed to by CCCOES or
SBCCOE in the General Provisions.
Page 6 of 6
920754
form o-sj,aza
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
pros Is ion is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2.Financial obligations of the State payable after the fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available.
BOND REQUIREMENT
3. If this contract involved the payment of more than fifty thousand dollars for the construction,erection,repair.maintenance.or improvement of any building,road.
bodge,viaduct,tunnel,excavation or other public works for this State.the contractor shall.before entering the performance of any such work included in this contract.
duly execute and deliver to and file with the official whose signature appears below for the State,a good and sufficient bond or other acceptable surety to be approved
by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract.Such bond shall be duly execute by a qualified corporate
surety,conditioned for the due and faithful performance of the contract,and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any
labor.materials,team hire,sustenance,provisions,provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work
contracted to be done.the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per
annum.Unless such bond.when so required.is executed,delivered and filed,no claim in favor of the contractor arising under this contract shall be audited,allowed or
paid.A certified or cashier's check or a 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 me ludine 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 Antidiscnmination Act of 1957. as amended.and other applicable law respecting
discnmination and unfair employment practices(24-34-302.CRS 1988 Replacement Vol.).and as required by Executive Order,Equal Opportunity and Affirmative
Action,dated April 16. 1975.Pursuant thereto,the following provisions shall be contained in all State contracts or sub-contracts,
During the performance of this contract.the contractor agrees as follows:
(1)The contractor will not discnmmare 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,
'.ncluding apprenticeship.the contractor agrees to post in conspicuous places.available to employees and applicants for employment.
2_1 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.
i 3)The contractor will send to each labor union or representative of workers with which he has collective bargaining agreements or other contractor understanding,
notice to be provided by the contracting officer,advertising the labor union or workers'representative of the contractor's commitment under the Executive Order.
Equal Opportunity and Affirmative Action,dated April 16. 1975.and of the rules,regulations.and relevant Orders of the Governor.
4)The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of.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 organizations,or expel any such individual
from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity,because of handicap.race,creed.
color,sex,age,national origin.or ancestry.(24-34-402(11(dl 1
l6)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
discnminatory or obstruct any person from complying with the provisions of this contractor any order issued thereunder,or attempt either directly or indirectly,to
commit any act defined in this contract to be discriminatory.124-34--402 1 I)(e)1
Revised 5:91
395.53.01.10221�
920754
Form 6-AC-02C ^ �A
.7iInthe event of the contractor's non-compliar.._a all the non-discnmmation clauses of this contractor or w m,,ms of such Rites,regulations or order' his contract
may be cancelled.terminated or suspended in whole or in part and the contractor may be declared:neltgible for further State sontracts in accordance with pax edures.
authonzed in Executive Order.Equal Opportunity and Affirmative Action of Apnl 16. 1975 and the rules.regulations.or orders promulgated in accordance therew nh.
and such others sanctions as may be imposed and remedies as may be invoked as provided in Executive Order.Equal Opportunity and Affirmative Action of Apnl 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 I l through 181 in every sub-contract. subcontractor and purchase order.pursuant to Executive Order.
Equal Opportunity and Affirmative Action of Apnl 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 prov isions, 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 undenaken hereunder
and are financed in whole or in pan 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 coumry equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident If it is determined by the
officer responsible for awarding the hid that compliance with this subsection.(16 may cause denial of federal funds which would otherwise be available or would otherwise
be inconsistent with requirements of federal law.this subsection shall be suspended.but only to the extent necessary to prevent denial of the moneys or to eliminate the
inconsistency with federal requirements section 8-19-102.CRS i.
GENERAL
T 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 purpons
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 was of complaint,defense or
otherwise.Any provision rendered null and void by the operation of this pros ision will not invalidate the remainder of this contract to the extent that the contract is
capable of execution.
8.At all times during the performance of this Contract the Contractor shall strictly adhere to all applicable federal and state laws.rules and regulations that have
been or may hereafter be established.
9-The signatones 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 Offices.CRS
1986 Replacement Vol-.and that no violation of such provisions is present.
10.The signatones 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 wntten.
Contractor:
STATCOLORADO
(Full Le amel WELD COUNTY BOARD 0 COMMISSIONERS ROY OF NIER,GO
ROY ROVIER,GOVERNOR
BY . By
�__
�CONSTANCE L. HARBERT 08/17/92 .5 EXECITi5EDIRECTOR
Position(Titles CHAIRMAN PRO-TEM
DEPARTMENT
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395-53-01-1030(Revised 5/91) Page Mitch is me lase of page, ..
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920754
"INSTRUCTIONS
(I)Insert official Department name.e.g..Administration.Local Affairs.etc.as appropriate:three l 3 i digit COFRS Alpha Code.e.g.AAA,ACA.Cl K.as appropriate:
and the six t6)digit routing number the first two(2)characters of which are the current fiscal year.
(2)Set forth company(ies)or individual(s)names)and addresst es t.
(3) Insert a bnef statement indicating reasons for contract.e.g.."The contractor having special knowledge,expertise and skill in diagnosing and testing diseases
affecting cattle:and."Use as many"Whereas.'as required.If additional space is required continue to above words'NOW.THEREFORE: and state"continued on page
2".On page 2.state"Whereas continued from page I,,if required.
(4)Specify clearly the goods or services contracted for.the consideration moving from one party to the other.the time within the contract is to be executed,limitations
on assignments,if any,and special provisions desired or required.Seek legal assistance when in doubt.Separate each principal item and number consecutively using
as many pages as necessary.
(5i If a detegee signs for the Executive Director place the words"FOR THE'before the word"EXECUTIVE'
Autographic,as distinguished from stamped.signatures should.as a minimum.be affixed to the original,which will be filed by the Division of Accounts and Control.
and two counterparts.one of which shall be transmitted to the contractor. If there is more than one contractor a copy so signed will be sent to each,thus requiring
additional autographic signatures,
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O H A
EXHIBIT B
GENERAL PROVISIONS
GJTO mandates certain duties and responsibilities and asks for certain assurances
from recipients of JTPA funds. They are described below.
A. Legal Authority
The Contractor assures and guarantees that it possesses the legal
authority to enter into this Contract. The person or persons signing
and executing this Contract on behalf of the Contractor do hereby
warrant and guarantee that they have been fully authorized by the
Contractor to execute this Contract on behalf of the Contractor.
B. Subcontracting
The Contractor shall not subcontract the performance of any part of its
duties under this Contract except in accordance with the terms of this
Contract or with the prior written consent of the GJTO approving the
subcontractor.
C. Property Management
The Contractor must submit a Property Requisition & Authorization Form
(JTPA Letter #90-23) to GJTO prior to the purchase of any property with
an:
1. Acquisition cost of $200 or more per unity for items carrying a
manufacturer' s serial number; and
2. Acquisition cost of $500 or more per unit for items without a serial
number.
Upon receipt of GJTO's written approval, the Contractor may proceed with
the purchase. GJTO shall retain title to all property, as defined
above, purchased by the Contractor. Therefore, prior written approval
is needed before disposition of such property. The Contractor shall
comply with GJTO' s property management procedures and all relevant JTPA
letters.
The Contract ensures that it will maintain proper inventory control over
all property purchased with JTPA funds.
D. Payment Contingency
The parties hereto expressly recognize that the Contractor is to be
paid, reimbursed or otherwise compensated with funds provided to GJTO by
the United State Department of Labor under the Job Training Partnership
Act (JTPA) and\or Economic Dislocation and Worker Adjustment Assistance
Page 1 of 9
920754
Act (EDWAA) . Therefore, the contractor expressly understands and agrees
that all its rights, demands and claims to compensation arising under
this Contract are contingent upon receipt of such funds and upon GJTO
continuing to receive such funds. If any part of the funds are not
received by GJTO, for any reason, GJTO may unilaterally terminate this
Contract, or, with the consent of the Contractor, modify the terms
hereof. Insofar as this contingency affects the Contractor,
subrecipients or suppliers, for mutual protection of the parties, the
Contractor agrees to include this contingency in all its subcontracts.
E. Termination
The performance of work under this Contract may be terminated by GJTO in
accordance with this clause in whole or in part.
1. GJTO may terminate this Contract when it has been determined that
the Contractor has failed to provide any or all of the services
specified or failed to comply with any Federal requirements or
provisions contained within this Contract. GJTO will notify the
Contractor of such unsatisfactory performance in writing. The
Contractor has ten (10) working days, unless otherwise specified in
the notice, after receipt in which to respond with a written plan
acceptable to GJTO for correction of deficiencies. If the
Contractor does not respond within the appointed time with
appropriate plans, GJTO shall serve a termination notice on the
Contractor.
2. GJTO may terminate this Contract if it is determined that the
Federal Government has debarred or suspended the Contractor within
a three year period preceding this Contract, or debars the
Contractor during the term of this Contract.
3. GJTO may request a termination of this Contract for convenience,
giving a thirty (30) calendar day advance notice in writing of the
effective date of such termination. The Contractor receiving notice
shall be entitled to receive just and equitable compensation for any
allowable services satisfactorily performed hereunder through the
date of termination.
4. GJTO may request in writing, a termination of this Contract when
both parties agree that continuation of the services would not
produce beneficial results commensurate with the further expenditure
of funds.
5. After receipt of a notice of termination, the Contractor shall:
a. Stop work under the Contract on the date and to the extent
specified in the notice of termination.
b. Place no further orders or subcontracts for materials, services,
or facilities, except as may be necessary for completion of such
Page 2 of 9
920754
portion of the work already substantially performed under the
Contract.
c. Terminate all orders and subcontracts to the extent that they
relate to the performance of the work terminated by the notice
of termination.
d. Assign to GJTO all of the rights, title and interest within the
Contract. GJTO shall have the right, at its discretion, to
settle or pay any of all claims arising out of the termination
of this Contract.
e. Settle all outstanding liabilities and all claims arising out of
such termination of orders and subcontracts in accordance with
the provisions of this Contract.
f. Transfer title of all Contract property to GJTO (to the extent
that title has not already been transferred) and deliver in the
manner and at a time specified by GJTO.
g. Take such action as may be necessary or as may be directed, for
the protection and preservation of the property related to this
Contract which is in the possession of the Contractor and in
which GJTO has or may acquire an interest.
6. After receipt of a notice of termination, the Contractor receiving
notice shall submit to GJTO its completed and acceptable closeout
package in the form and with the certification prescribed by GJTO.
Such closeout package shall be submitted promptly, but in no event
later than two (2) months from the effective date of termination,
unless one or more extensions in writing are granted by GJTO.
7. The Contractor shall have the right to appeal any unilateral
determination to terminate in accordance with JTPA. In any case,
where GJTO has made a determination of the amount due, GJTO shall
pay the Contractor the following:
a. If there is no right of appeal hereunder or if no timely appeal
has been submitted, the amount so determined by GJTO; or
b. If an appeal has been submitted, the amount finally determined
on such appeal.
8. GJTO may, from time to time, under such terms and conditioned as it
may prescribe, make partial payments on account against costs
incurred by the Contractor in connection with the terminated portion
of the Contract whenever, in the opinion of GJTO, the aggregate of
such payment shall be within the amount to which the Contractor will
be entitled hereunder.
Page 3 of 9
92°754
F. Audit Compliance
The Contractor agrees to the following audit requirements in accordance
with the Single Audit Act (0MB Circular A-128) to permit, as a condition
of receiving federal funds under this Contract, an independent auditor
of the State to have access to the Contractor' s records and financial
statements as necessary to comply with the Single Audit Act. In
addition, Contractor agrees to arrange for an annual financial and
compliance audit in accordance with OMB Circular A-128 if it received
over $25,000 of federal financial assistance during a given fiscal year.
The $25,000 includes federal funds received directly from a federal
agency or indirectly through a state or local government agency.
G. Assignment
The Contractor shall not assign this Contract to third parties without
the prior written consent of GJTO approving both the assignment and the
assignee.
M. 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 thereof be declared invalid or become inoperative, such
invalidity or failure shall not affect the validity of any other term or
provision thereof. The waiver of any breach of a term hereof shall not
be construed as a waiver of any other term.
I. Integration of Understandings
This agreement is intended as the complete integration of all under-
standings between the parties. No prior or current addition, deletion,
or other amendment shall have any force or effect whatsoever, unless
embodied herein in writing. No subsequent novation, renewal, addition,
deletion, or other amendment hereto shall have any force or effect
unless embodied in a writing that is executed and approved pursuant to
the State Fiscal Rules and other applicable statutes and regulations.
J. Assurances
1. The Contractor assures that it will fully comply with the Job
Training Partnership Act (JTPA) , regulations promulgated, and all
other federal regulations issued pursuant to JTPA.
2. The Contractor assures that in operating programs funded under JTPA
it agrees to comply with all GJTO issuances and directives, e.g. ,
JTPA letters.
3. All grievances concerning the conduct of the Contractor shall follow
the grievance procedures set forth in 20 CFR 629.51 et seq. The
Page 4 of 9
92°734
Contractor agrees to abide by the provisions of Section 144 of the
JTPA which concerns grievance procedures. Further, the Contractor
agrees to follow Federal Regulations governing grievance resolution
of all complaints, including those based on handicap, but excluding
complaints alleging discrimination. All discrimination complaints
except those based on handicap must be filed initially at the U.S.
Office for Civil Rights. Finally, the Contractor also agrees to
follow all pertinent Governor' s policy issuances concerning grievance
procedures.
4. No funds may be used to assist in relocating establishments, or
parts thereof, from one area to another unless the Secretary of the
U.S. Department of Labor determines that such relocation will not
result in an increase in unemployment in the area of original
location or in any other area (JTPA, Section 141 [c] ) .
5. The Contractor assures and certifies that in administering programs
under JTPA:
a. It will comply with the provisions of the Uniform Relocation
Assistance and Real Property Acquisition Act of 1970 (P.L. 91-
646) which requires fair and equitable treatment of persons
displaced as a result of federal and federally-assisted
programs.
b. It will comply with the provisions of the Hatch Act, where
applicable, which limit the political activity of certain state
and local government employees.
c. It will comply with appropriate labor standards as set forth in
Section 143 of the JTPA. (20 CFR 629.22 and 629.33)
d. It will comply with the Child Labor laws;
e. It will comply with the Safety Standards of Occupational Safety
and Health Act (OSHA) ;
f. It will comply with the Davis Bacon Act;
g. It will comply with the Wagner-Peyser Act;
h. It will comply with Part C of Title IV of the Social Security
Act;
i. It will comply with the Military Selective Services Act;
j . It will comply with Section 665, Title 18 United States Code;
(Fraud, Abuse, Malfeasance)
k. It will comply with the Fair Labor Standards Act of 1938;
Page 5 of 9
920754
1. It will comply with all state procurement regulations where
appropriate.
6. The Contractor assures that it will comply with bonding and
insurance requirements as follows:
a. Upon written request to the Contractor being made by the State,
the Contractor shall maintain during the life of the Contract
Bodily Injury and Property Damage Insurance, acceptable to the
State Board covering the services hereunder and all operations
in connection herewith, and whenever any of the services covered
in the Contract is to be subcontracted, the Contractor shall
obtain insurance coverage acceptable to the State Board, such as
Contractor' s Contingent or Protective Liability and Property
Damage insurance, to protect its interest and those of the State
Board, if any.
b. Whenever the work covered by the Contract shall involve the use
of vehicular equipment, the Contractor shall maintain during the
life of the Contract, Automotive Bodily Injury and Property
Damage Insurance for business use with limits not less than One
Hundred and Fifty Thousand Dollars ($150,000) personal liability
to any one person in any one accident, Four Hundred Thousand
Dollars ($400,000) for an injury to two or more persons in any
single occurrence, and Four Hundred Thousand Dollars ($400,000)
for property damage to protect the Contractor from any and all
claims arising from the use of the following in the execution of
the services included in the Contract:
(1) Contractor' s own vehicles;
(2) Hired vehicles; and,
(3) Vehicles not owned by the Contractor.
The State shall not be in the policy as a named insured.
c. Upon written request to the Contractor being made by the State,
the Contractor shall maintain during the life of this Contract,
Physical Damage or loss Insurance protecting against loss caused
by the perils of fire, smoke, theft, burglary, vandalism, and
storm acceptable to the State Board, covering the services
hereunder and all operations, equipment and materials furnished
or used in connection therewith. The cash bond in an amount to
be determined by the State may be given to meet this requirement
as regards State property.
d. Excepting the Insurance required by Paragraph J.6.a. , one
certified copy of the foregoing policies and three copies of a
certificate evidencing the existence thereof shall be delivered
to the State within twenty (20) days of such written request
Page 6 of 9
920754
being made by the State. Certified copies of the policies
required by said Paragraph J.6.a. and three copies of the
certificates evidencing the existence thereof shall be delivered
to the State before use of vehicular equipment is undertaken, as
described in said Paragraph J.6.a. Each copy and certificate
must bear the following special endorsement by the agency of the
proposed insurance carrier:
This policy shall not be altered, materially changed or canceled
without giving fifteen (15) days prior written notice, by
certified mail, to GJTO.
e. A valid receipt showing payment or obligation for the payment
of the premium for all such insurance, excepting the insurance
required by said Paragraph IV.I.6.a. , shall be submitted to the
State by the Contractor when it provides the insurance documen-
tation to the State for acknowledgement of receipt and adequacy
by the property State officials. Receipts showing payment or
obligation, for the payment of the premium for the insurance
required by said Paragraph J.6.a. shall be submitted to the
State Board with the policies and certificates to which the
receipts refer before use of the vehicular equipment involved is
undertaken by the Contractor.
7. The Contractor assures that it, and its subcontractors, shall comply
with the Worker Compensation Act of Colorado and shall provide
compensation insurance to protect the Contractor, its subcontractors
and the State Board from and against any and all Worker Compensation
claims arising from performance of services under the Contract. The
State Board shall be furnished, prior to any service hereunder being
undertaken by the Contractor, three (3) copies of the certificate or
certificates evidencing such insurance to be in effect.
8. If the Contractor is other than a state system community college,
Contractor shall assure that prior to the initial disbursement of
funds to the Contractor it shall ensure that every officer,
director, agent, or employee authorized to act on behalf of the
Contractor in receiving or depositing funds into program accounts;
or in issuing financial documents, checks, or other instruments of
payment for program costs shall be bonded to provide protection
against loss. The coverage shall be:
a. One Hundred Thousand Dollars ($100,000) ; or
b. An amount equal to the highest amount received from JTPA,
whichever is greater.
If the bond of any employee of the Contractor is canceled or
coverage is substantially reduced, the Contractor shall notify GJTO
and shall not disburse any funds thereafter until GJTO receives and
Page 7 of 9
920754
acknowledges assurance from the Contractor that adequate insurance
coverage had been obtained.
9. The Contractor, if not a state system community college, agrees to
maintain JTPA funds in cash depositories which have Federal Deposit
Insurance Corporation (FDIC) coverage. When the Contractor' s account
balance exceeds the FDIC maximum coverage on deposits, JTPA funds
shall be collaterally secured on a daily basis.
Specifically, Section 167 of the JTPA requires that:
a. No individual shall be excluded from participation in, denied
the benefits of, subjected to discrimination under, or denied
employment in the administration of or in connection with any
such program because of race, color, religion, sex, national
origin, age, handicap, or political affiliation or belief.
b. Participants shall not be employed on the construction, oper-
ation, or maintenance of so much of any facility as is used or
to be used for sectarian instruction or as a place for religious
worship.
c. With respect to terms and conditions affecting, or rights
provided to, individuals who are participants in activities
supported by funds provided under this Act, such individuals
shall not be discriminated against solely because of their
status as such participants.
d. Participation in programs and activities financially assisted in
whole or in part under this Act shall be open to citizens and
nationals of the United States, lawfully admitted permanent
resident aliens, lawfully admitted refugees and parolees, and
other individuals authorized by the Attorney General to work in
the United States.
10. The Contractor agrees to abide by the terms of Section 504 of the
Rehabilitation Act and 29 CFR parts 31 and 32. The Contractor must
ensure that its program, when viewed in its entirety, is accessible
to the handicapped, including limited or non-English speaking
persons, and that information and services can be provided in
different languages, if such languages are principally employed by
segments of the eligible population constituting at least 5 percent
of the total eligible population. The Contractor shall have an
accessibility plan addressing all areas of accessibility including
physical accessibility to buildings. Not every building need be
handicapped accessible; however, the Contractor' s program, when
viewed in its entirety, shall be accessible. The plan shall also
address the areas of accessibility to the mentally and sensory
impaired. Finally, the Contractor assumes responsibility for
conducting a self-evaluation pursuant to 29 CFR 32.6 (c) .
Page 8 of 9
920754
11. The Contractor assures that every reasonable course of action will
be taken by the Contractor to maintain the integrity of this
expenditure of public funds and to avoid any favoritism or
questionable or improper conduct. The contract will be administered
in an impartial manner, free from personal financial, or political
gain. The Contractor, its executive staff and employees, in
administering this Contract, will avoid situations which give rise
to a suggestion that any decision was influenced by prejudice, bias,
special interest, or personal gain.
12. The Contractor assures and certifies that it and its principles:
a. Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered
transactions by any federal department or agency;
b. Have not, within a three-year period preceding this Contract,
been convicted of or had a civil judgement rendered against them
for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public
(federal, state or local) transaction or contract under a public
transaction; violation of federal or state antitrust statutes or
commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false
statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or
civilly charged by a government entity (federal, state, or
local) with commission of any offenses enumerated in paragraph
(K.2) of this certification; and
d. Have not within a three-year period preceding this Contract, had
one or more public transactions (federal, state, or local)
terminated for cause or default.
Where the Contractor is unable to certify to any of the state-
ments in this certification, such Contractor shall attach an
explanation to this proposal.
13. The Contractor certifies that pursuant to the Drug Free Work
Place of 1988, 45 CFR Part 76, Subpart F, the Contractor will
provide a drug-free workplace.
14. The Contractor certifies that it will comply with 49 CFR, Part
20, and JTPA Letter #90-12, Lobbying Certification.
Page 9 of 9
920754
(ft 1EMORAnDum
WIllt George Kennedy, Chairman
To Board of County Commissioners Date August ]0. 1992
COLORADO From Walter J. Speckman, Executive Director, Human Resources / ,/"C '�
son;«t, Job Training Partnership Act, Title II-A Older Worker 3% Grant
Attached for Board signature is the 3% Older Worker Grant contract.
The contract is with the Colorado Community College & Occupational
Education System. The contract amount is $31,500 of Title II-A
monies under the Job Training Partnership Act.
Activities to be funded under this contract include job placement,
job development, on-the-job training, classroom vocational training
at Aims Community College, job search skills training through the
AARP works program.
The contract period is from July 1, 1992 through June 30, 1993.
920754
Alf?0,0 <"
Colorado
Community College &
Occupational Education System
1391 North Speer Boulevard,Suite 600 Printed on recycled stock
Denver, Colorado 80204-2554
(303)620-4000
FAX [3031 825-4295
July 28, 1992
Linda Piper
Weld County Area Agency on Aging
POB 1805
1551 North 17th Avenue
Greeley CO 80632
Dear Linda:
Enclosed is the official paperwork required for funding Weld County
Area Agency on Aging' s Seniors in Industry.
As I was pleased to inform you in our early conversation, your project
was awarded $31,500 in Title IIA - 3% Older Worker funds available to
CCCOES under contract with GJTO. The award is for the period July 1,
1992 through June 30, 1993.
Please read the entire contract carefully and contact me at (303) 620-
4000 if you have any questions before signing. The contract
incorporates all changes we discussed while negotiating this contract.
If the project coordinator is not the person receiving this copy of the
contract the site must provide the project coordinator (service
provider) with a copy of the signed contract and provide the fiscal
person assigned this project with a copy of the budget section IV of
the contract and the VE115 Form A & B. It is important that the project
coordinator (service provider) and the fiscal personnel keep in
continuous contact throughout the program year.
Each project will be monitored this year for compliance of the
contract. This will include participant data, fiscal and programmatic
compliance.
Please read and acquire needed signatures on each of the forms enclosed
and mail back by overnight mail.
Enclosed forms and actions to be taken:
1. ) Grant Recipient Contract:
• Read and have the administrator (president\director) of
your organization sign both of the signature pages
enclosed.
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 92,l5.1
Page 2
Contract Paperwork
• Keep the copy of the Agreement (for guidance and for your
records) and one copy of the signed signature page.
• Return the other signed signature page to CCCOES
2.) EXHIBIT A -VE115 (Form A & B)
• Project coordinator meet with administrator
(president\director) to review and obtain signature.
• Project coordinator meet with financial controller or
fiscal officer (CBO) to review and obtain signature.
• Make two copies of Form A and B--one for project
coordinator and one for fiscal department.
• Return original Form A and B to CCCOES
If you have any questions regarding your contract, please contact me
at 620-4000. I look forward to working with you on the project and to
a successful year.
Thank you for your prompt completion and return of these forms.
Sincerely,
PAT NITZ
Manager, JTPA Programs
Encl. Contract
920754
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