HomeMy WebLinkAbout910416.tiff RESOLUTION
RE: APPROVE MASTER CONTRACT BETWEEN STATE GOVERNOR'S JOB TRAINING OFFICE AND
WELD COUNTY 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 did, by Resolution dated April 10, 1991, approve the
Program Year 1991 Job Training Partnership Act Plan Modification, and
WHEREAS, the Board has been presented with a Master Contract for said Job
Training Plan between the State Governor's Job Training Office and Weld County,
commencing July 1, 1991, and ending June 30, 1994, with the further terms and
conditions being as stated in said Contract, and
WHEREAS, after review, the Board deems it advisable to approve said
Contract, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Master Contract for the abovementioned Job Training
Plan between the State Governor's Job Training Office and Weld County 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 13th day of May, A.D. , 1991.
ATTEST: Ma? BOARD OF COUNTY COMMISSIONERS
WELD COUNTY CO RADO
Weld County Clerk to the Board
Gordo a man
By:���� ,
eputy Clerk to the Bo eo e K nnedy, Pro-Tem
APPROVED AS TO- FORM: 1916Sefte aS
onstance L. Harber
U 47.X./Kt
County Attorney C. W. Kirby
ki 40e?
W. H. Webster•
910416
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fin tmoRAnDun I
Illik Gordon E. Lacy, Chairman
reBoard of County Commissioners pate April 9, 1991
COLORADO From Walter J. Sneckman, Executive Director �Lit
Subject: Approval of PY '91 Master Contract
Enclosed for Board approval is the Master Contract between the
Governor's Job Training Office and Weld County for Program Year
1991. The period of performance shall be from July 1, 1991, to
June 30, 1994.
Over this period of time, the State of Colorado, Governor's Job Training
Office agrees to provide Weld County an amount not to exceed Two
Million, Three Hundred Twenty Eight Thousand, One Hundred Fifty-Six
Dollars ($2,328,156) for the Job Training Plan that was approved by
this Board on April 10, 1991.
If you have any questions please telephone me at 353-3816, extension
3360.
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MASTER CONTRACT
THIS CONTRACT, made this Day of 1991, effective the 1st day of
July 1991 by and between the State of Colorado, represented by the Governor' s
Job Training Office, hereinafter referred to as GJTO, or the State, and Weld
County, hereinafter referred to as the Contractor.
WHEREAS, authority exists in the Job Training Partnership Act (JTPA) of 1982,
also known as P.L. 99-570, as amended, and in the Economic Dislocation and
Worker Adjustment Assistance Act (EDWAA) and the Governor has received a grant
of federal funds thereunder; and
WHEREAS, the JTPA (Section 101[a][II], requires the designation of Service
Delivery Areas (SDAs) by the Governor; and
WHEREAS, Executive Order D0010 83 of March 15, 1983, has designated this SDA
in accord with JTPA; and
WHEREAS, required approval , clearance, and coordination have been accomplished
from and with appropriate agencies; and
WHEREAS, contract authority for Weld County resides in the Weld County Board
of Commissioners; and
WHEREAS, authority exists in the law and funds have been budgeted, appropriat-
ed, and otherwise made available and a sufficient unencumbered balance thereof
remains available for payment in Fund Number 100, Appropriation Number Initcrrft&
Arpr# , Contract Encumbrance Number CAB—/oo9 ; and
WHEREAS, the Contractor has selected the entity (or entities) which will
receive and administrate funds from the state in accordance with Section
104(b) (1) of JTPA.
NOW THEREFORE, in consideration of the mutual promises hereinafter set forth,
the parties enter into the following agreement:
I. DEFINITIONS
A list of definitions to be used in the interpretation of this Contract
is attached hereto as Attachment 1, and by this reference is incorporat-
ed herein.
II. STATEMENT OF WORK
The Contractor agrees to perform, in a professional and workmanlike man-
ner, the obligations and responsibilities set forth in the "Allowable
Programs", Section II.A of the Contract,
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A. Allowable Programs
A.1 The Contractor and its administrative entity has prepared a two-
year Job Training Plan (JTP) in accordance with Section 104 of
JTPA. The 90-91 JTP, by this reference is hereby incorporated
and made part of this Contract as if fully set forth herein.
The JTP has been modified to reflect actual funding and
programmatic decisions prior to the beginning of the second year
(Exhibit A).
A.2 GJTO shall provide funds to the SDA for activities pursuant to
the approved JTP referenced in Section II.A.1.
A.3 In addition to the funds provided for the basic grant activities
identified in the approved JTP, GJTO may provide funds to the
Contractor for the following other activities:
A.3.a Training programs for older individuals (those individuals
55 years or older) , (Section 124 of JTPA) ;
A.3.b Technical assistance incentives for superior performance,
and serving hard-to-serve individuals (Section 202[b][3] of
JTPA) ;
A.3.c Auditing, administrative, and other activities (Section 164
of JTPA) ;
A.3.d Training program for dislocated workers (Section 301[b] of
JTPA) , as recommended by EDWAA;
A.3.e Services for groups with special needs and exemplary models
pursuant to joint agreements (Section 501[a] of JTPA) ;
A.3.f Amendments and modifications of allocated funds provided to
the Contractor pursuant to Section 202(a) of JTPA; and
A.3.9 Other funds for employment and training-related programs.
A.4 GJTO shall provide funds for Summer Youth Employment and Training
Programs in accordance with Part B, Section 251 of JTPA, if such
activities are not originally included in the JTP by the Contrac-
tor.
B. Maximum Funding
6.1 GJTO shall provide the Contractor an amount not to exceed Two
Million, Three Hundred Twenty Eight Thousand, One Hundred
Fifty-Six Dollars (S2,328,156) of funds awarded to the State of
Colorado for activities identified in Section II.A for the period
of July 1, 1991 to June 30, 1994.
6.2 Funds authorized to be expended by the Contractor will be limited
to authorized funding received from the Department of Labor or
other sources. The authorization to spend funds may be provided
to GJTO in increments. Therefore, GJTO shall limit the amount
requested by the Contractor for each Expenditure Authorization
(EA) to the amount in the GJTO Notice of Fund Availab§ttm..
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C. Expenditure chorization Procedures
C.1 Prior to the expenditure of any funds identified in Section II.B
above, an EA must be submitted by the Contractor and approved by
GJTO.
C.2 An EA is a document prepared by the Contractor which shall in-
clude the following:
C.2.a Type of funds identified in Section II.A of this Contract,
which the Contractor is requesting;
C.2.b The Scope of Work to be performed by the Contractor;
C.2.c Period of Performance;
C.2.d A budget or budgets submitted on forms provided by GJTO.
A separate budget will be required for each type of funding re-
ceived by the Contractor, such as, but not limited to, those pro-
grams identified in Section II.A above.
C.2.e Special Provisions; and
C.2.f Signature page signed by the Private Industry Council (PIC)
Chair, the SDA Director, and GJTO; if the total amount of
the EA is One Hundred Thousand Dollars ($100,000) or less.
The PIC may authorize the SDA Director to sign in lieu of
the PIC Chair for EAs under One Hundred Thousand Dollars
($100,000) or less.
If the EA is over One Hundred Thousand Dollars ($100,000) ,
the Local Elected Official must sign instead of the SDA
Director.
The Contractor must comply with its own internal signature
process. Should the internal signature process be more
restrictive than this provision, it will prevail .
C.3 The Contractor may include EA provisions (C.1 and C.2) in its
subcontracts, which are approved by GJTO, with a provision that
GJTO shall be a third party beneficiary of such provisions. The
Contractor shall be obligated to GJTO for the enforcement of such
provisions.
D. Modification Procedure for EA Budget
The Contractor may modify the EA and its budget in accordance with
GJTO policies and procedures with prior written approval of both PIC
and GJTO.
E. Property
To purchase property with JTPA funds, a Property Requisition and
Authorization Form (PRAF) must be submitted to, and processed by,
GJTO. The property must be purchased within 60 days of the approval
of the PRAF as set out in JTPA Letter #90-23.
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F. Duration
The JTP shall remain in full force and effect for the entire Contract
period, unless changes in labor market conditions, funding, or other
factors require substantial modifications as provided in Section
104(c) of JTPA. Such a modification would require an amendment to
this Contract.
G. Annual Report
The Contractor shall submit an annual report by September 30, each
year as required by JTPA Letter S86-18 (December 16, 1986). The re-
port shall include:
G.1 A description of activities/services conducted during the program
year for Title II-A, Title III , EDWAA 8%, and 3% programs;
G.2 A list of client characteristics and the number of each served;
G.3 A list of occupations in which training took place and the number
of participants in each.
G.4 A summary of the SDA's performance in meeting federal/state
standards;
G.5 Status of coordination agreements and description of innovative
coordination taking place which would be of special interest to
other SDAs, the Job Training Coordinating Council , and the
Governor;
G.6 An evaluation of service providers which include ability to meet
performance goals, cost, quality of training, and characteristics
of participants; and
G.7 A summary of the Contractor' s monitoring of subrecipient con-
tracts, corrective actions taken, and the results of such cor-
rective actions.
H. Exhibits
The terms and conditions contained in the PY 90-91 JTP are by this
reference incorporated herein. Exhibit A, attached hereto, is
incorporated and made a part hereof.
Exhibit A - PY 91 JTP Modification
III. PERIOD OF PERFORMANCE
The period of performance shall be from July 1, 1991 to June 30, 1994.
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IV. GENERAL PROVISIONS
The Contractor agrees to perform in accordance with, and to comply with,
the General Provisions, attached to this Contract, and by this reference
hereby incorporated into this Contract.
V. SPECIAL PROVISIONS
The Contractor agrees to perform in accordance with, and to comply with,
the Special provisions attached to this Contract.
VI. EQUAL EMPLOYMENT OPPORTUNITIES/AFFIRMATIVE ACTION
A. Equal Employment Opportunity Requirements
The Contractor shall insure Equal Employment Opportunities (EEO) to
all individuals and shall take Affirmative Action (AA) to insure ade-
quate utilization of members of protected classes of workers who have
been victims of past discrimination.
EEO shall mean that no individual shall be excluded from participa-
tion in, denied the benefits of, subjected to discrimination under,
or denied employment in the administration of or in any program fund-
ed under this section because of race, color, or national origin,
age, handicap, or political affiliation or belief.
Contractors shall be governed by the prohibitions against discrimina-
tion on the basis of age under the Age Discrimination Act of 1975, on
the basis of handicap under Section 504 of the Rehabilitation Act, on
the basis of sex under Title IX of the Education Amendments of 1972,
or on the basis of race, color, or national origin under Title VI of
the Civil Rights Act of 1976. Programs and activities funded under
this Act are considered to be programs receiving Federal financial
assistance and are all subject to all provisions of EEO.
VII. CERTIFICATION REGARDING LOBBYING
By signing this Contract, the undersigned certifies, to the best of his
or her knowledge and belief, that:
A. No Federal appropriated funds have been paid or will be paid, by or
on behalf of the undersigned, to any person for influencing or at-
tempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the exten-
sion, continuation, renewal , amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
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B. If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an of-
ficer or employee of congress, or an employee of a Member of Congress
in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying", in accordance with
its instructions.
C. The undersigned shall require that the language of this certification
be included in the award documents for all *subawards at all tiers
(including subcontracts, subgrants, and contracts under grants,loans,
and cooperative agreements) and that all subrecipients shall certify
and disclose accordingly.
D. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or en-
tering into this transaction imposed by Section 1352, title 31, U.S.
Code. Any person who fails to file the required certification shall
be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
*Note: "All " applies to covered contract/grant transactions over
$100,000 (per OMB).
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GENERAL PROVISIONS
I. LEGAL AUTHORITY
The Contractor assures and guarantees that it possesses the legal auth-
ority to enter into this Contract. The person or persons signing and
executing this Contract on behalf of the Contractor do hereby warrant
and guarantee that they have been fully authorized by the Contractor to
execute this Contract on behalf of the Contractor.
II. PAYMENT CONTINGENCY
The parties hereto expressly recognize that the Contractor is to be
paid, reimbursed or otherwise compensated with funds provided to GJTO by
the United States Department of Labor under the Job Training Partnership
Act (JTPA) and/or the Economic Dislocation and Worker Adjustment Assist-
ance 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 here-
of. 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.
III. TERMINATION
The performance of work under this Contract may be terminated by GJTO in
accordance with this clause in whole or 1n part.
A. GJTO may terminate this Contract when it has been determined that the
Contractor has failed to provide any or all of the services specified
or failed to comply with any Federal requirements or provisions con-
tained 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 cor-
rection of deficiencies. If the Contractor does not respond within
the appointed time with appropriate plans, GJTO shall serve a term-
ination notice on the Contractor.
B. GJTO may terminate this Contract if it is determined that the Federal
Government has debarred or suspended the Contractor within a three
year period preceding this Contract, or debars the Contractor during
the term of this Contract.
C. GJTO may request a termination of this Contract for convenience, giv-
ing a thirty (30) calendar day advance notice in writing of the ef-
fective date of such a 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.
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D. GJTO may request in writing, a termination of this Contract when both
parties agree that continuation of the services specified in Section
II , Statement of Work, would not produce beneficial results commen-
surate with the further expenditure of funds.
E. After receipt of a notice of termination, the Contractor shall :
E.1 Stop work under the Contract on the date and to the extent speci-
fied in the notice of termination.
E.2 Place no further orders or subcontracts for materials, services,
or facilities, except as may be necessary for completion of such
portion of the work already substantially performed under the
Contract.
E.3 Terminate all orders and subcontracts to the extent that they re-
late to the performance of the work terminated by the notice of
termination.
E.4 Assign to GJTO all of the rights, title and interest within the
Contract. GJTO shall have the right, at its discretion, to set-
tle or pay any or all claims arising out of the termination of
this Contract.
E.5 Settle all outstanding liabilities and all claims arising out of
such termination of orders and subcontracts in accordance with
the provisions of this Contract.
E.6 Transfer title of all Contract property to GJTO (to the extent
that title has not already been transferred) and deliver in the
manner and at a time specified by GJTO.
E.7 Take such action as may be necessary or as may be directed, for
the protection and preservation of the property related to this
Contract which is in the possession of the Contractor and in
which GJTO has or may acquire an interest.
F. After receipt of a notice of termination, the Contractor receiving
notice shall submit to GJTO its completed and acceptable closeout
package in the form and with the certification prescribed by GJTO.
Such closeout package shall be submitted promptly, but in no event,
later than two (2) months from the effective date of termination, un-
less one or more extensions in writing are granted by GJTO.
G. The Contractor shall have the right to appeal any unilateral deter-
mination to terminate in accordance with the JTPA. In any case,
where GJTO has made a determination of the amount due, GJTO shall pay
to the Contractor the following:
G.1 If there is no right of appeal hereunder or if no timely appeal
has been submitted, the amount so determined by GJTO; or
G.2 If an appeal has been submitted, the amount finally determined an
such appeal .
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H. GJTO may, from time to time, under such terms and conditions as it
may prescribe, make partial payments on account against costs incur-
red 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.
IV. MANAGEMENT ACTIVITIES AND RECORD MAINTENANCE
A. In addition to any requirements imposed elsewhere in this Contract, the
Contractor shall ensure that sufficient, auditable and otherwise ade-
quate records that will provide accurate, current, separate and com-
plete disclosure of the status of the funds received under the Contract
are maintained for three (3) years or the completion and resolution of
an audit. Such records shall be sufficient to allow the U.S. Depart-
ment of Labor, firms conducting audits of JTPA funds and GJTO to audit
and monitor the Contractor.
Accordingly, recipients/subrecipients shall maintain a copy of the Par-
ticipant Record which records any participant's participation in the
JTPA program, including dates of entry and termination and shall retain
such records at least a minimum of three years. The time necessary to
resolve any 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. The Contractor shall ensure that it will comply with the provisions of
GJTO' s Audit Policy and Procedures. The Contractor shall submit an
audit report to GJTO in accordance with GJTO' s Policy and Procedures if
the Contractor received over $25,000 of direct Federal financial assis-
tance from GJTO and the Contractor is not a Private-For-Profit entity.
The Contractor shall establish an audit committee that engages indepen-
dent auditors, determines the services to be performed, reviews the
progress of the audit and final audit findings and intervenes in any
disputes between management and independent auditors. The Contractor's
audit committee should preferably consist of outside directors or
Private Industry Council (PIC) who do not serve as officers of the
Contractor.
C. GJTO, the U.S. Department of Labor, GJTO' s auditors shall , during
business hours, have access to inspect and copy books, records, memo-
randa, correspondence, personnel staffing records, independent audit
workpapers and any other documents, and shall be allowed to monitor and
review through on-site visits, all program activities, personnel staff,
services and programmatic and administrative practices, supported with
funds under this Contract to ensure compliance with the terms of this
Contract, and provisions of any subcontracts funded in whole or in part
through this Contract.
D. The Contractor shall review the findings of GJTO's representative and
shall act promptly, as directed by GJTO, to remedy deficiencies noted
in such findings. If corrective action is not taken and such deficien-
cies persist, GJTO may terminate this Contract.
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E. In the event that GJTO determines that the recordkeeping system of the
Contractor does not comply with Federal guidelines, financial accounting
may be done by GJTO, or an accounting firm or bank approved by GJTO. The
cost to GJTO of any work shall be deducted monthly from the funds
allocated to the Contractor.
V. SUBCONTRACTING
The Contractor shall not subcontract the performance of any part of its
duties under this Contract except in accordance with the terms of this
Contract or with the prior written consent of GJTO approving the subcon-
tractor.
VI. PROPERTY MANAGEMENT
A. The Contractor must submit a Property Requisition and Authorization
Form (JTPA Letter #90-23) to GJTO prior to the purchase of any
property with an:
o Acquisition cost of $200 or more per unit for items carrying a
manufacturer' s serial number; and
o Acquisition cost of $S00 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 de-
fined above, purchased by the Contractor. Therefore, prior written
approval is needed before disposition of such property. The Contrac-
tor shall comply with GJTO' s property management procedures and all
relevant JTPA letters.
B. The Contractor ensures that it will maintain proper inventory control
over all property purchased with JTPA funds.
VII. ASSIGNMENT
The Contractor shall not assign this Contract to third parties without
prior written consent of GJTO approving both the assignment and the as-
signee.
VIII. 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, such in-
validity 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.
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IX. CHANGES IN STATEMENT OF WORK
A. Modification by Operation of Law
This Contract is subject to such modification as may be required by
changes in federal or state law or regulations. Any such required
modification shall be incorporated into and be part of this Contract
as if fully set forth herein.
B. Programmatic Modifications
The Contractor shall follow the revision procedures set forth by
GJTO.
B.1 The Contractor must submit a written request to GJTO and obtain
prior written approval for changes to the Statement of Work the
objective of the Contract, or dollar amount changes in Cost Cate-
gories.
B.2 In addition to the foregoing procedure, prior approval for such
changes must be authorized by the State in an amendment to this
Contract properly executed and approved in accordance with appli-
cable law under the following circumstances:
B.2.a When an increase or decrease of Contract total is desired;
and
B.2.b When the Statement of Work or the objective of the Contract
changes substantially, as determined by GJTO.
Under such circumstances, GJTO' s approval is not binding until the
Contract amendment is executed.
X. PROGRAM INCOME
If program income is generated under this Contract, an agreement provid-
ing for the use of such income subsequent to termination of this Con-
tract is required, prior to the expenditure of such funds.
XI. 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 em-
bodied herein in writing. No subsequent novation, renewal , addition,
deletion, or other amendment hereto shall have any force or effect un-
less embodied in a writing that is executed and approved pursuant to the
State Fiscal Rules and other applicable statutes and regulations.
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XII. ASSURANCES
A. The Contractor assures that it will fully comply with the JTPA,
regulations promulgated, and all other applicable federal and state
laws, rules and regulations.
B. The Contractor assures that in operating programs funded under the
Act, it agrees to comply with all GJTO issuances and directives, such as
JTPA letters.
C. The Contractor assures that it will administer its programs under the
JTPA in full compliance with safeguards against fraud and abuse as
set forth in JTPA and the JTPA regulations.
D. The Contractor agrees to abide by the provisions of Section 144 of
the JTPA which concerns grievance procedures. Further, the Contrac-
tor agrees to follow Federal Regulations governing grievance resolu-
tion of all complaints, including those based on handicap, but ex-
cluding complaints alleging discrimination. All discrimination com-
plaints except those based on handicap must be filed initially at the
U.S. Directorate of Civil Rights. Finally, the Contractor also
agrees to follow all pertinent Governor's policy issuances concerning
grievance procedures.
E. No funds may be used to assist in relocating establishments, or parts
thereof, from one area to another unless the Secretary determines
that such relocation will not result in an increase in unemployment
in the area of original location or in any other area [JTPA, Section
141(c)].
F. The Contractor assures and certifies that in administering programs
under JTPA:
F.1 It will comply with the provisions of the Uniform Relocation As-
sistance and Real Property Acquisition Act of 1970 (P.L. 91-646)
which requires fair and equitable treatment of persons displaced
as a result of Federal and Federally-assisted programs.
F.2 It will comply with the provisions of the Hatch Act, where appli-
cable, which limit the political activity of certain State and
local government employees.
F.3 For grant, subgrants, contract, and subcontracts in excess of One
Hundred Thousand Dollars ($100,000) , or where the grant officer
has determined that orders under an indefinite quantity contract
or subcontract in any year will exceed One Hundred Thousand Dol-
lars ($100,000) , or if a facility to be used has been the subject
of a conviction under the Clean Air Act (42 U.S.C. 1857-8) (c) (1)
or the Federal Water Pollution Control Act [33 U.S.C. 1319 (C)]
and is listed by the Environmental Protection Agency (EPA) or is
not otherwise exempt, the grantee assures that:
F.3.a No facility to be utilized in the performance of the pro-
posed grant has been listed on the EPA list of Violating
Facilities;
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F.3.b It will notify the Regional Administrator, prior to award,
of the receipt of any communication from the Director,
Office of Federal Activities, U.S. Environmental Protection
Agency, indicating that a facility to be utilized for the
grant is under consideration to be listed on the EPA list
of Violating Facilities; and
F.3.c It will include substantially this assurance, including
this third part, in every non-exempt subgrant, contract or
subcontract.
F.4 It will comply with appropriate labor standards as set forth in
Section 143 of the JTPA (20 CFR 629.22 and 629.33) ;
F.5 All grievances concerning the conduct of the Contractor shall
follow the grievance procedures set forth in 20 CFR 629.51 et
seq;
F.6 It will comply with the Child Labor laws;
F.7 It will comply with the Safety Standards of Occupational Safety
and Health Act (OSHA) ;
F.8 It will comply with the Davis Bacon Act;
F.9 It will comply with the Wagner-Peyser Act;
F.10 It will comply with Part C of Title IV of the Social Security
Act;
F.11 It will comply with the Military Selective Services Act;
F.12 It will comply with Section 665, Title 18, United States Code;
F.13 It will comply with the Fair Labor Standards Act of 1938;
F.14 It will comply with the Colorado Revised Statutes Section
18-8-301 C.R.S. , as amended (Bribery and Corrupt Influence) ;
F.15 It will comply with Colorado Revised Statutes Section
18-8-401-408 C.R.S, as amended (Abuse of Public Office) ; and
F.16 It will comply with all state procurement regulations where ap-
propriate.
G. The Contractor assures that it will comply with bonding and insurance
requirement as follows:
8.1 The Contractor shall maintain Job Training Partnership Act (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.
919416
Page 13 of 18
6.2 Upon written request to the Contractor being made by the State,
the Contractor shall maintain during the life of the Contract
Bodily Injury and Property Damage Insurance, acceptable to the
State covering the services hereunder and all operations in
connection herewith, and whenever any of the services covered to
the Contract is to be subcontracted, the Contractor shall obtain
insurance coverage acceptable to the State, such as Contractor' s
Contingent or Protective Liability and Property Damage insurance,
to protect its interest and those of the State, if any.
6.3 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 Dam-
age Insurance for business use with limits not less than One Hun-
dred 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 oc-
currence, and Four Hundred Thousand Dollars ($400,000) for prop-
erty 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:
G.2.a Contractor' s own vehicles;
G.2.b Hired vehicles; and,
G.2.c Vehicles not owned by the Contractor.
G.2.d The State shall not be in the policy as a named insured.
G.4 Upon written request to the Contractor being made by the State,
the Contractor shall maintain during the life of this Contract,
Physical Damage or Loss Insurance protecting against loss caused
by the perils of fire, smoke, theft, burglary, vandalism, and
storm acceptable to the State, covering the services hereunder
and all operations, equipment and materials furnished or used in
connection therewith. The cash bond in an amount to be deter-
mined by the State may be given to meet this requirement as re-
gards State property.
G.5 Excepting the Insurance required by Paragraph G.2 above, one cer-
tified copy of the foregoing policies and three copies of a cer-
tificate evidencing the existence thereof shall be delivered to
the State within 20 days of such written request being made by
the State. Certified copies of the policies required by said
Paragraph G.2 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
G.2. Each copy and certificate must bear the following special
endorsement by the agent of the proposed insurance carrier:
"This policy shall not be altered, materially changed or cancel-
led without giving 15 days prior written notice, by certified
mail , to GJTO.
91®416
Page 14 of 18 •
G.6 A valid receipt showing payment or obligation for the payment of
the premium for all such insurance, excepting the insurance
required by said Paragraph G.2, shall be submitted to the State
by the Contractor when it provides the insurance documentation to
the State for acknowledgement of receipt and adequacy by the
proper State officials. Receipts showing payment or obligation,
for the payment of the premium for the insurance required by said
Paragraph G.2 shall be submitted to the State with the policies
and certificates to which the receipts refer before use of the
vehicular equipment involved is undertaken by the Contractor.
H. The Contractor assures that it, and its subcontractors, shall comply
with the Workmen's Compensation Act of Colorado and shall provide
compensation insurance to protect the Contractor, its subcontractors
and the State from and against any and all Worker' s Compensation
claims arising from performance of services under the Contract. The
State shall be furnished, prior to any service hereunder being under-
taken by the Contractor, 3 copies of the certificate or certificates
evidencing such insurance to be in effect.
I. The Contractor assures that prior to the initial disbursement of
funds to the Contractor it shall ensure that every officer, director,
agent, or employee authorized to act on behalf of the Contractor in
receiving or depositing funds into program accounts; or in issuing
financial documents, checks, or other instruments of payment for pro-
gram costs shall obtain a fidelity bond to provide protection against
loss. The coverage shall be an amount equal to Twenty-Five percent
(25°b) of the Contract amount received from GJTO.
If the fidelity bond of any employee of the Contractor is cancelled
or coverage is substantially reduced, the Contractor shall notify
GJTO and GJTO shall not disburse any funds thereafter until GJTO re-
ceives and acknowledges assurance from the Contractor that adequate
insurance coverage had been obtained.
J. 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 im-
proper conduct. The contract will be administered in an impartial
manner, free from personnel , financial , or political gain. The Con-
tractor, 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.
K. The Contractor assures and certifies that it and its principals:
K.1 Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered trans-
actions by any federal department or agency;
K.2 Have not, within a three-year period preceding this Contract,
been convicted of or had a civil judgment rendered against them
for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal ,
910416
Page 15 of 18
state, or local) transaction or contract under a public transac-
tion; violation of federal or state antitrust statutes or com-
mission of embezzlement, theft, forgery, bribery, falsification
or destruction of records, making false statements, or receiving
stolen property;
K.3 Are not presently indicted for or otherwise criminally or civilly
charged by a government entity (federal , state, or local ) with
commission of any of the offenses enumerated in paragraph (K2) of
this certification; and
K.4 Have not within a three-year period preceding this Contract, had
one or more public transactions (federal , state, or local ) ter-
minated 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 ex-
planation to this proposal .
L. The Contractor certifies that pursuant to the Drug Free Work
Place Act of 1988, 45 CFR Part 76, Subpart F, the Contractor will
provide a drug-free workplace.
M. The Contractor certifies that it wil comply with 49 CFR, Part 20,
and JTPA Letter 90-12, Lobbying Certification.
91®416
Pan° 1F of 1R
Form 6-AC-02M
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
convect,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 convector 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 convector 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 convector,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 respectina
discrimination and unfair employment practices 124-34-402.CRS 1982 Replacement Vol.l,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:
(t) The contractor will not discriminate against any employee or applicant for employment because of race,creed,color.national origin,sex,marital status.
religion,ancestry,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants are employed.and that employees are
treated during employment,without regard to the above mentioned characteristics. Such action shall include.but not be limited to the following:employment.
upgrading,demotion,or transfer,recruitment or recruitment advertising;lay-offs or terminations:rates of pay or other forms of compensation:and selection for
veining,including apprenticeship.The convector 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 comract or understand-
ing,notice to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under the Executive
Order.Equal Opportunity and Affirmative Action,dated April 16. 1975, and of the rules, regulations, and relevant Orders of the Governor.
(4) The contractor and labor unions will fumish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April 16.
1975,and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books,records,and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders.
(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or expel any such individual
from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity,because of race,creed,color.
sex,national origin, or ancestry.
(6) A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be dis-
criminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder;or attempt either directly or
indirectly, to commit any act defined in this contract to be discriminatory.
395-53-01-1022
Revised 1/88 page 17 of 18 pages Dc-10-vo6.e6
910416
Form 6-AC-02C
(7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contractor or with any of such rules,regulations,or orders,this
contract may be cancelled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance
with procedures,authorized in Executive Order,Equal Opportunity and Affirmative Action of April 16,1975 and the rules,regulations,or orders promulgated
in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity and
Affirmative Action of April 16, 1975, or by rules, regulations,or orders promulgated in accordance therewith, or as otherwise provided by law.
(8) The contractor will include the provisions of paragraph(1)through(8)in every sub-contract and subcontractor purchase order unless exempted by rules,
regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16,1975,so that such provisions will be binding
upon each subcontractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may
direct,as a means of enforcing such provisions,including sanctions for non-compliance;provided,however,that in the event the contractor becomes involved
in,or is threatened with,litigation with the subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State
of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of 8-17-101 8c 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 extrajudicial 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 Convector 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 the service or property
described herein:
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
Contractor:
(Fall Legal Name) Board of County Commissioners STATE OF COLORADO
Weld ou t , Colorado ROY ROMER, GOVERNOR
,�yV�Jy By
'5 EXECUTIVE DIRECTOR.
Position (Tide) Gordon Lacy, Chairman Leslie S. Franklin
84-6000813
Social cunt) Number or era!I.D. umber DEPARTMENT 44117 OF Governor's Job Training Office
(If Corporation:)
Attest (Seal)
By
)r/1 91 Corporate Secretary or Equivalent,Torn/City7Cou le �
APPROVALS
ATTORNEY GENERAL CONTROLLER
By By
910416
Page 18 which is the last of 18 pages *
395-53-0'1030(Roised 1/88) 'See instructions on reverse We, DC-10-3305a-88
Attachment 1
DEFINITIONS
I. APPLICANT (AN INDIVIDUAL) - An individual who applies to a JTPA Service Delivery
Area (SDA) Grant Recipient or subrecipient for employment, training and/or ser-
vices provided under JTPA. An applicant found to be eligible for the program re-
mains an applicant until the provisions for "participant" have been met. If the
applicant becomes a participant, this information becomes part of the Participant
record and subject to Federal record retention requirements. (See Participant.)
2. CERTIFICATION - The signature of the applicant must be obtained from the appli-
cant attesting that the information on the application is true to the best of the
applicant' s knowledge and there is no intent to commit fraud. The signature
should acknowledge that the information on the application will be used to deter-
mine eligibility, that the applicant may be required to document the accuracy of
the information and that the information is subject to external verification and
follow-up information and may be released for such purposes. The signature
should also acknowledge that, if found ineligible subsequent to enrollment, the
applicant will be terminated. If the applicant is terminated as a result of fal-
sifying information on the application, he/she may also be prosecuted for fraud.
In the case of a minor (except minors who are heads of households) , the signature
of a parent, guardian, or other responsible adult is required.
3. CERTIFICATION - EDWAA - A document provided by an SDA to an eligible dislocated
worker verifying their status and authorizing continuing eligibility for a period
not to exceed 104 weeks.
4. CITIZENSHIP - All participants must be citizens or nationals of the United
States, lawfully admitted permanent resident aliens, lawfully admitted refugees
and parolees, or other individuals authorized by the Attorney General to work in
the United States [Section 167(a) (5)].
5. COMPLETION OF TRAINING - The participant has met or achieved the minimum pre-
scribed period of training, as described in the training agreement in accordance
with the Scope of Work of this Contract, and has attained the minimum level of
performance or skill associated with the training activity.
Completion of training also includes the attainment of one or more youth compe-
tencies. One reimbursement for "completion of training" for each participant is
allowable. The maximum number of participants to be reimbursed for "completion
of training" which appears in the Schedule of Reimbursement cannot be exceeded.
6. CONTRACT - A procurement instrument by which GJTO, an SDA grant recipient, or a
subrecipient pays for property, services, supplies, materials or equipment.
7. CONTRACTOR - Any person, corporation, partnership, public agency, or other entity
which enters into a contract with the Governor' s Job Training Office, an SDA
grant recipient or a subrecipient under the Act.
8. ECONOMICALLY DISADVANTAGED - An applicant is considered to be economically dis-
advantaged if he/she meets one of the following:
Page 1 of 9 Revised 6/89
910416
A. Families Receiving Public Assistance/AFDC - The applicant or the applicant' s
• family and household received income or payments were made on behalf of the
individual or the individual 's household by the state pursuant to the State of
Colorado approved Title IV SSA State Plan.
B. Families Receiving General Assistance - The applicant or the applicant' s
family is receiving state or local government cash assistance.
C. Families Receiving Refugee Assistance - The applicant or the applicant' s
family is receiving income or money payments under the Refugee Assistance Act
of 1980 (Public Law 96-212) .
D. Families Receiving Public Assistance - SSI - The applicant or the applicant' s
family is receiving supplemental income or money payments pursuant to the
Social Security Income for the Aged, Blind and Disabled).
E. Annual Family Income Does Not Exceed OMB Poverty Level or 70 Percent of the
Lower Living Income Level - The applicant is a member of a family which had an
annual family income, in relation to family size and location, that did not
exceed either (1) the most recently established poverty levels determined in
accordance with criteria established by the office of Management and Budget
(OMB) or, (2) 70 percent of the lower living standard income level , whichever
is greater.
F. Food Stamp Recipient - The applicant is receiving food stamps pursuant to the
Food Stamp Act of 1977.
G. Foster Child - A youth 14-21 years of age on whose behalf state or local
government payments (excluding OASI) are made for the physical support and
shelter of the child. This may include youth who have been made a ward of the
court, including those in the following categories:
- Youth in State Institutions
- Youth in Community Group Homes
- Youth in Foster Homes
H. Adult Handicapped Individual - The applicant is an adult handicapped individu-
al whose own income would meet the requirements for inclusion in one of the
above items.
I. Youth Handicapped Individual - May be considered a nondependent individual if
the applicant is 14 or older and living with his/her family and receiving
assistance from a state funded (see definition of state-funded program) pro-
gram, and not one of the parents of the family.
J. Homeless - "A homeless individual who meets the criteria of Sections 103(a)
and (c) of the Stewart B. McKinney Homeless Assistance Act is presumed to be
economically disadvantaged for purposes of eligibility under the JTPA
unless demonstrated otherwise."(TEIN #8-89)
9. EMPLOYED - An individual who, during the 7 consecutive days prior to application
to a JTPA program, did any work at all :
o As a paid employee;
o Has his or her own business, profession or farm; or
o Worked 15 hours or more as an unpaid worker in an enterprise operated by a mem-
ber of the family; and any individual who was not working, but has a job or
business from which he or she was temporarily absent because of illness, bad
weather, vacation, labor-management dispute where the position has not been re-
filled by management, or personal reasons, whether or not paid by the employer
for time off, and whether or not seeking another job. (This term includes mem-
bers of the Armed Forces on active duty, who have been discharged or separated;
participants in registered apprenticeship programs; and self-employed individu-
als).
Page 2 of 9 Revised 6/01®416
10. ENTERED TRAINING - le point of time at which a articipant enters into any
training activity allowable under the terms of the contract.
11. FAMILY INCOME - The amount and source of all reportable family income for the
prior 6 months; this is the total annualized family income when multiplied by
two. The income of a spouse and/or other family members shall only be counted
for that portion of the income determination period that the person was actually
a part of the family unit of the applicant.
NOTE: For applicants who report an absence of income or other means of support,
for the income determination period, have the applicant describe his/her specific
circumstances. This may be done directly on the application in the space pro-
vided.
INCLUSIONS IN FAMILY INCOME:
Gross Wages and Salary - The total money earnings received from work performed as
an employee. It represents the amount paid before deductions for income taxes,
social security taxes, bond purchases, union dues, etc.
Net Self-Employment Income - Net income (gross receipts minus operating expenses)
from a business firm, farm, or other enterprise in which a person is engaged on
his/her own account.
Other Money Income - Money received from sources such as net rents, pensions,
alimony, governmental retirement payments, Armed Forces retirement payments
(other than compensation for disability or death, per Title 38, U.S.C. , Chapter
11) , income from insurance policy annuities, and other sources of income not in-
cluded here.
If a family' s only source of income was from wages and salary payments, family
income would be equal to gross wages and salary received.
EXCLUSIONS FROM FAMILY INCOME:
A. Non-cash income, such as food stamps, or compensation received in the form of
food or housing.
B. Rental value of owner-occupied property.
C. Public assistance payments.
D. Cash payments received pursuant to a state plan approved under Title II , IV,
X, or XVI of the Social Security Act of disability insurance payments received
under Title II , Section 423, of the Social Security Act or under Old Age and
Survivors Insurance (OAST).
E. Federal , State, or local unemployment benefits.
F. Payments made to participants in employment and training programs.
G. Capital gains and losses.
H. One-time unearned income, such as, but not limited to:
o Payment received for a limited fixed term under income maintenance programs
and supplemental (private) unemployment benefit plans.
o One-time or fixed-term scholarship and fellowship grants.
o Accident, health, and casualty insurance proceeds.
o Disability and death payments, including fixed-term (but not lifetime) life
insurance annuities and death benefits.
o One-time awards and gifts.
o Inheritances, including fixed-term annuities.
o Fixed-term worker' s compensations awards.
o Terminal leave pay.
Page 3 of 9 Revised 8/90
91®416
• ° Soil bank payments.
° Agriculture crop stabilization payments.
I. Pay or allowances previously received by any veteran while serving on active
duty in the Armed Forces (U.S.). Also, exclude payments received for
participation in National Guard or military, naval , or air force reserve
activities and VISTA stipends.
J. Educational assistance and compensation payments to veterans and other eligi-
ble persons under Title 38, United States Code, Chapters 11, Compensation for
Service-Connected Disability or Death; 13, Dependence and Indemnity Compensa-
tion for Service-Connected Death; 31, Vocational Rehabilitation; 34, Veterans'
Education Assistance; 35, War Orphans' and Widows' Educational Assistance; and
36, Administration of Educational Benefits.
K. Payments received under the Trade Act of 1974.
L. Black Lung payments received under the Benefits Reform Act of 1977 (PL 5-239,
30 USC 901).
M. Child support payments.
12. HANDICAPPED INDIVIDUAL - Those individuals evaluated and documented as being
mentally retarded, hard of hearing, deaf, speech impaired, blind, visually
impaired, seriously emotionally disturbed, orthopedically impaired, other health
impaired, deaf-blind, multi-handicapped, or as having a developmental disability,
chronic mental illness, major mental illness, organic brain syndrome, specific
learning disabilities, who because of those impairments need special education
and/or related employment and training services.
Adapted from the Education of All Handicapped Children Act (P.L. 94-142; Reg.
300.5.a) .
13. OLDER WORKER - A person who is 55 years or older, and is economically disadvan-
taged.
14. PARTICIPANT - Any individual who has:
A. Been determined eligible for participation upon intake; and
B. Enrolled in an activity.
15. PLACEMENT - The act of securing unsubsidized employment for or by a participant,
as a paid employee of any legally authorized business, industry or enterprise
including non-profit organizations. Paid employee means one who is carried on
the employer' s payroll/personnel records, is self-employed, is entered into a
registered apprenticeship program or the Armed forces.
16. SELECTIVE SERVICE REGISTRANT - If the applicant is a male citizen of the U.S. or
other male person residing in the U.S. , who was born on or after January 1, 1960,
and is between the age of 18 and 26, he must register. An applicant who is not
registered will be ineligible for JTPA funded services until he has done so.
17. SELF EMPLOYED - Any professional , independent trades person, or other business
person who works for him/herself. Such a person may or may not be incorporated or
in a limited partnership. A family member who provides professional services in
the affected business of at least 15 hours per week and receives a salary or wage
from the self-employed individual may also be considered to be a self-employed
individual .
Page 4 of 9 Revised 8/90
910416
18. SUBSTANCE ABUSE - The applicant has a substance abuse problem that constitutes
barrier to employe ,t. Substance abuse means tk abuse of alcohol or other
drugs.
19. TRAINING - Activities which enable a participant to acquire the skills, abili-
ties, knowledge, work habits, and/or procedures needed to obtain or enhance his/
her employment.
20. DISLOCATED WORKER - EDWAA provides training to persons who have lost their
employment due to economic circumstances beyond their control . All participants
in EDWAA must meet both the general and specific criteria below.
I. GENERAL CRITERIA
All participants must be citizens or nationals of the United States, law-fully
admitted permanent residents, lawfully admitted refugees and parolees, or other
individuals authorized by the Attorney General to work in the United States [Sec-
tion 167(a) (5)].
All participants must be in compliance with Section 3 of the Military Selective
Service Act (Section 504) .
All participants must be enrolled within 45 days of the date of application or a
new application must be completed and signed, unless the individual has been
issued a certificate of continuing eligibility. No subsequent application need be
taken if the provider has an application on the individual .
II. SPECIFIC CRITERIA
To meet the specific criteria for EDWAA, each participant must meet the definition
of at least one of the following categories of dislocated workers given below and
the participant' s job of dislocation must have ended within the last five years.
A. Layoff/Unemployment Insurance/Unlikely to Return
Applicant has been laid off, or applicant' s job has been terminated or a notice
of termination or layoff has been received) ; and applicant is eligible for or
has exhausted unemployment insurance benefits; and applicant is unlikely to
return to his/her previous occupation or industry without assistance.
B. Plant Closure/Substantial Layoff
Applicant has been terminated (or received a notice of termination) from
employment as a result of a permanent closure or of a substantial layoff (see
definition) at a plant, facility or enterprise.
C. Long—term Unemployed/Unlikely to Return
Applicant has been unemployed 15 weeks or more following dislocation or other
separation and is unlikely to return to his/her previous industry or occupation
without assistance.
Page 5 of 9 Revised 8/90
910416
D. Self-Employed Financial Distress
Applicant was self-employed (including farmers and ranchers) and is
unemployed as a result of general economic conditions in the community of
residence or because of natural disaster that has caused the individual to
lose the business. Or the applicant is self-employed (including farmers
and ranchers) and has evidence of impending business failure.
III. ADDITIONAL DESCRIPTION OF SELF-EMPLOYED IN DISTRESS
The purpose of this section is to describe the circumstances under which a
self-employed applicant may be eligible for EDWAA services. A
self-employed applicant that is still employed must document evidence of
impending business failure as described in Section A or B. A
self-employed applicant that is unemployed (or stop-gap employed) must
specify the economic conditions or natural disaster that caused the
individual to lose the business, as described in Section C or D.
A. Evidence of Impending Business Failure
A self-employed applicant currently employed but in the process of
going out of business, must document one or more of the following
circumstances:
o Notice of foreclosure or intent to foreclose;
o Notice of intent to repossess inventory or necessary business
equipment or property;
o Entry of the self-employed individual into bankruptcy proceedings;
o Consistent reduction in business income resulting in net loss in each
of the last two years, as documented by tax returns.
Note: Documentation of such evidence would be: source document or
third party verification (e.g. banker, lawyer, independent accountant)
of eligibility criteria.
B. Farmer/Rancher Going out of Business
A farmer/rancher can be considered in the process of going out of
business if he/she is experiencing one or more of the following
conditions:
o Has filed for bankruptcy or has been foreclosed or received a notice
of intent to foreclose; or
o Is unable to get a loan needed to continue production; or
o Has a debt-to-asset ratio of 70% or more (consistent with U.S. Dept.
of Agriculture specifications for likely farm/ranch failure) .
C. General Economic Conditions
General Economic Conditions which cause an individual to lose a
business include, but are not limited to:
o Failure of one or more businesses to which the self-employed
individual supplied a substantial proportion of products or services;
o Failure of one or more businesses from which the self-employed
individual obtained a substantial proportion of products or services;
o Large-scale layoff(s) from, or permanent closure(s) of one or more
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plants or facilities that support a significant portion of the State or
local economy;
D. Natural Disasters
Natural disasters that cause the unemployment of a self-employed individual
include, but are not limited to: hurricane, tornado, storm, flood,
highwater, wind-driven water, tidal wave, tsunami , earthquake, volcanic
eruption, landslide, mudslide, snow storm, drought, fire, explosion or
other catastrophe.
IV. SPECIAL CIRCUMSTANCES
The categories of eligibility listed in Section II Specific Criteria do not
stand alone but include definitions and special circumstances. The purpose of
this section is to further clarify and define the conditions under which
applicants can be made eligible for EDWAA.
A. Unlikely to Return
For the purpose of determining EDWAA eligibility for dislocated workers
under the Layoff/UI/Unlikely to Return or Long-term Unemployed/Unlikely to
Return categories, "unlikely to return to work" must be established by at
least one of the following conditions:
o Skill Oversuoplv - state or local supply of persons with the specific
skills of the applicant exceeds current demand for those skills; or
o Obsolete Skills - Applicants can no longer meet the minimum requirements
of jobs available in their occupation (e.g. , clerical worker without
word processing skills, etc.) ; or
o Only Stop-Gap Available - Jobs available to applicant would be temporary
or substantially below applicant' s accustomed skill , hour, or wage level
(see stop-gap) ; or
o Local Layoff Impact - A local plant or business closing or layoff has
had a significant negative impact on the availability of jobs in the
applicant' s primary occupation and accustomed wage/hour/skill level ; or
o No Job Offers Received - Applicant has been available and looking for
work for a number of weeks and has not received an offer for work;
"number of weeks" might range from 6 to 12 weeks, depending upon the
occupation, economy, and/or applicant' s verified job search efforts; or
o Other Factors - Factors that can be recorded in the client' s file from
written or verbal sources, such as age for older individuals, and
including staff judgment.
B. Previous Occupation/Industry
For the purposes of EDWAA eligibility, previous occupation or industry
relates directly to the job of dislocation, not the most recent job if this
job is considered stop-gap employment.
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C. Stop-Gap Employed
An applicant may be currently employed or may have had other employment
following dislocation and still qualify under one of the four EDWAA
eligibility categories, if the employment can be considered "stop-gap".
Stop-gap employment is a job that is substantially below the applicant' s
accustomed skill level , or that pays 80% or less than wage at dislocation,
or offers 80% or less than the applicant's hours at dislocation.
Stop-gap employment cannot be with the same employer as the job of
dislocation. In fact, if a participant accepts employment with the
employer of dislocation following enrollment, the participant must be
immediately terminated from the program.
D. Job of Dislocation
The economic dislocation of an individual as described in EDWAA implies the
existence of a job of dislocation. The job of dislocation is the job that
qualifies the individual under one of the . four eligibility categories
listed in Section II Specific Criteria. This job must have ended within
the last five years and must be documented.
Under the categories for Plant Closing/Substantial Layoff and
Layoff/UI/Unlikely to Return, the job of dislocation is the job from which
the applicant has been laid off. For a self-employed individual ,
owning/operating the business that has been lost or shows documented
evidence of impending failure is the job of dislocation. For long-term
Unemployed/Unlikely to Return, the job of dislocation is the job that ended
15 weeks ago. This job may have ended by resignation, termination for
cause or other non-economic conditions, but after fifteen weeks of job
search with no success, the applicant can be considered economically
dislocated.
E. Displaced Homemaker
Displaced homemakers are a special category of dislocated workers that do
not fit within the four main EDWAA eligibility categories. Displaced
homemakers may be enrolled only by a substance area only under the 10%
special needs program and only if the following conditions have been met:
o The Substate Area has identified them as a target group in their EDWAA
plan; and
o They are not eligible for Title II-A; and
o They meet the definition of displaced homemaker; and
o Services to displaced homemakers will not adversely affect services to
other dislocated workers.
F. Early/Forced Retirement
Individuals who accept early or forced retirement as part of a reduction in
a work force may be considered to have been terminated or laid off, or
received notice of termination or lay off as appropriate.
G. Temporary Employees
An applicant cannot be automatically disqualified for EDWAA enrollment
because the job of dislocation was not considered a permangiipan. An
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employee under a temporary contract, or placed by a temporary employment
agency, with an employer may be made eligible under the same category as
regular employees of the company (substantial layoff, plant closing) . If
the dislocation was not caused by a closing or substantial layoff, the
applicant must be shown to be unlikely to return (UI or the temporary
agency can confirm) . However, temporary employees who are unemployed
because the project or undertaking for which they were hired has been
completed are considered dislocated only after the conditions for the
Long-term Unemployed/Unlikely to Return category have been met.
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