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Home My WebLink About930831.tiff RESOLUTION RE: APPROVE CONTRACT BETWEEN GOVERNOR'S JOB TRAINING OFFICE AND 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 Contract between the Governor's Job Training Office and the Weld County Area Agency on Aging, commencing August 1, 1993, and ending July 31, 1994, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract between the Governor's Job Training Office and the 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 23rd day of August, A.D. , 1993, nunc pro tunc August 1, 1993. BOARD OF COUNTY COMMISSIONERS ATTEST: /✓��x �J WELD COUNTY, COLORADO m � Weld Co y rlllll�(tY/ofhe oar r Constance L. Harbert, Chairman BY: - s�Y�JDeputy Clerk to the Boas• W.4,444 , Pro-T m APPROVED AS TO FORM: r ._ v # orge E. Baxte ounty tto -ney 1$ K. Hall/ 'Barbara J. Kirkmeyer i. 930831 Agency # EEA P J # Routing # 94-034 Contract # WA-331 CONTRACT THIS CONTRACT, made this 24th of August, 1993 , effective August 30, 1993, 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 Commissioners, for the use and benefit of the Weld County Area Agency on Ageing, a Colorado non-profit corporation, hereinafter referred to as the Contractor. WHEREAS, authority exists in the law and funds have been budgeted, appropriated and otherwise made available, and a sufficient encumbered balance thereof remains available for payment in Fund Number 100, Appropriation Number 301, Contract Encumbrance Number WA-331; and WHEREAS, the required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the Governor has received a grant of federal funds under the Job Training Partnership Act of 1982 (Public Law 97-300) as amended, and for these purposes; and WHEREAS, the Contractor was selected by GJTO in an open and competitive Request for Proposal (RFP #BF-03593) process to provide GJTO services. WHEREAS, the Contractor will receive $37 ,500 of Program Year 1993 , Title II-A, JTPA Older Worker Funds, and WHEREAS, the Contractor will provide a training and employment program for people who are 55 years of age and older for the residence of Weld County, Colorado. NOW THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties agree as follows that: 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 incorporated herein. II. STATEMENT OF WORK The Contractor agrees to perform, in a professional and HUSH\AAA'930W.CTN Page 1 of 29 workmanlike manner, the obligations and responsibilities set forth in the "Scope of Services" (Section A. 5 ) . A. Contractor Performance A.1 Area Covered The Contractor shall serve the following geographic area: Weld County, Colorado A.2 Responsible Administrator The performance of the services required hereunder shall be under the direct supervision of the Director, who is hereby designated as the administrator in charge of this project. A.3 Funding and Budget The Contractor shall receive $37,500 from Program Year 1993, Title II-A JTPA Older Worker funds . A.4 Budget Narrative The funds provided under this Contract will be used to for the following: ADMINISTRATION Three Thousand Seven Hundred Fifty Dollars ($3,750) will be used for the administration of the program in the following categories: $2, 337 will be used to pay 5% of the salary and fringe benefits for the Director of the Area Agency on Aging. $512 will be used to pay 2% of the salary and fringe benefits of the Accountant. $471 will be used to pay 2% of the salary and fringe benefits of the Client Services Technician. $430 will be used for operating costs associated with the administration staff. TRAINING RELATED Ten Thousand Four Hundred Thirty Six Dollars ($10,436 ) will be used for the Training Related activities associated with this contract, in the following categories: HUSHUAA'930W.CTN Page 2 of 29 O. jai 1 O $9 ,461 will be used to pay 42% of salary and fringe benefits of the Client Services Technician, for outreach, intake, initial assessment, orientation, referral, job search assistance, job club, job development and follow-up. $200 . will be used for job club and AARP Works, books for 8 participants at $25 each. $775 will be used for participant support, i.e. gas vouchers, OJT tools and/or supplies . DIRECT TRAINING Twenty Three Thousand Three Hundred Fourteen Dollars ( $23 , 314) will be used for the following direct training activities : $9686 will be used to pay 43% of the salary and fringe benefits of the Client Services Technician for objective assessment, Individual Service Strategy, skill level evaluation, counseling, testing and case management. $8266 will be used for three OJTs at $1, 300 each, and for four work experience participants, for 10 weeks/20 hours per week at $5 . 00/hour. $4, 600 will be used for Tuition Books and fees for participants enrolled in secondary education and basic education computer lab for work perfect and keyboard training. $462 will be used for In-service staff training. $300 will be used for staff travel. A.5 Scope of Services In consideration of the funds to be received from GJTO, the Contractor shall do the following: A. 5 .a. Recruit and enroll 25 new JTPA eligible participants through the following activities : Advertising in newspapers, weekly church bulle- tins, and agency brochures . Coordinate with Aims Community College to have an area set aside during quarterly registration to explain the program services to people 55 years HUSH\AAA'930W.CTN Page 3 of 29 930831 of age and older that are registering for classes at Aims . Mail information to companies in the Weld County area explaining the services offered and furnish mini-resumes on the clients . Utilize the Area Agency on Aging quarterly newsletter to inform the older worker population in Weld County, on what is happening in the area of older worker employment. A.5.b. Provide .a formal Assessment on every enrolled participant. The Adult Basic Learning Examination (ABLE) will be used as one of the assessment tools. In addition the Contractor will use the Aims Community College as another source of assessing clients who are interested in taking classes. A. 5 .c. Develop an Employability Development Plan (EDP)/Individual Service Strategy (ISS) , on every enrolled participant. The EDP or ISS will include monitoring and modifying the plan as needed. A. 5 .d. Enroll twenty five (25 ) participants into the following training activities : Enroll eighteen (18 ) JTPA eligible participants in hard skills training at Aims community College, Front Range Community College, or the Weld County Job Service Learning Center Lab. Enroll three ( 3 ) JTPA eligible participants in an on- the-job training activity. Coordinate with the Title V Green Thumb Program to enroll four (4 ) JTPA eligible clients in a short-term subsidized training site. Provide JTPA work experience opportunities for four (4 ) JTPA eligible participants. A. 5 .e. Place eighteen ( 18 ) participants into unsubsidized employment. A. 5 . f. Co-enroll with Title V as needed to utilize the 10%, (not to exceed 2 participants) . A.5.g. Co-enroll with the Weld County Service Delivery Area for OJTs and other support services as needed. HUSH\AAA'930W.CTN Page 4 of 29 930831 A.5 .h. Provide case management for all of the enrolled participants. A. 5.i. Assure that a staff person attend the Older Worker Network meetings quarterly. A.6 Planned Expenditure Information PROJECTIONS BY QUARTER PROJECTED TOTAL CARRYOUT 1st 2nd 3rd 4th Personnel 5616 5616 5616 5619 22,467 Operating 3683 3683 3683 3684 14,733 Travel 75 75 75. 75 300 Property 0 0 0 0 0 Other 0 0 0 0 0 TOTAL 9374 9374 9374 9378 37,500 A.7 Planned Participant Information PROJECTIONS BY QUARTER TOTAL 1st 2nd 3rd 4th Number of Enrollments Carrying in 0 0 0 0 0 from Other Contracts with the Same Agency & Funding Number of New Enrollments 8 8 6 3 25 HUSH\AAA'930W.CTN Page 5 of 29 930831 A.8 Planned Activity Information Circle a "V" if the activity is provided through coordination with a Title V Agency; circle "C" if the activity is provided through coordination by another approved program; and circle both if the activity is provided in coordination with both programs/agencies . The figures below indicate the number of participants who will start training in: • OLDER WORKER PROGRAMS PROJECTIONS BY QUARTER TOTAL • 1st 2nd 3rd 4th AA Job Search Assistance (V/C) 8 8 6 3 25 BA Basic Skills Training Category V/C 0 1 1 0 2 BB GED Training V/(C) 0 1 0 0 1 CA Occupational Skills Training Category V/C 8 6 6 0 18 DA Objective Assessment V/C B 8 6 3 25 OB Case Management V/C 8 8 6 3 25 EA OJT V/(C) 1 1 1 0 3 GA Other Employment Skills Training V/C 0 0 0 0 0 JA Work Experience - (V)/C 1 2 1 0 4 A.9 Planned Outcomes The figures below indicate the number of participants who, upon terminating enrollment, are projected to: OLDER WORKER PROGRAMS PROJECTIONS BY QUARTER TOTAL 1st 2nd• 3rd 4th Enter Unsubsidized Employment 0 6 6 8 18 y,,:5 Y,:ry:::�::c:w<.>`s:>a>::':.V�':-' :..:a��>�;::x::aik Complete Training in: � w>`" 'r". : 4a`"oYs?'isE3�F:. ...,. rte. ,,. 3£�Y' :6�'.C>.«`%::.:<�e.«:iK:«oiCSG?33:.&..s'.....�.:�.�u^..'<.O��o"u?«.' 0 0 0 2 2 Basic Education 0 8 6 6 18 Occupational Skills Other Occupational Skills 0 Attain a GED 0 0 0 1 1 • HUSHIAAA'930W.CTN Page 6 of 29 930831 A.10 Equal Employment Opportunity Benchmarks The benchmarks stated below are the minimum goals for the enrollment and placement of each specified target group: TARGET GROUP ENROLLIENTS PLACEMENTS Female 15 11 Black 0 0 Hispanic 3 3 Native American 0 0 Asian 0 0 Disabled 1 1 Veterans 5 4 A.11 Retention Of all placements, 75 percent will have retained employment 90 days following termination from the program. A.12 Performance Evaluation The planned participant information and training activities are for evaluation only. In the event that the Contractor' s performance is not within +/- 15% of these goals, the State shall, in its sole discretion, retain the right to institute a program of technical assistance proceeding to, if necessary, corrective action. The Contractor understands and agrees that failure to achieve the goals as set out in the contract will result in a disallowance of reimbursement to the extent of such failure as provided in JTPA Letter #91- 17 . III. REPORTING REQUIREMENTS A. Compliance The Contractor agrees to: A. 1 Determine, verify and document the eligibility of all HUSH\AAA'930N.CTN Page 7 of 29 930831 participants in compliance with GJTO' s eligibility and documentation and verification policy. For partici- pants required to be economically-disadvantaged, the following information should be collected: residency, age, family size, individual and total income, citizenship, public assistance status, Military Selective Service Act compliance, and if appropriate, barriers to employment. For dislocated workers Economic Dislocation and Worker Adjustment Assistance Act (EDWAA) programs, the following must be document- ed: citizenship or work authorization, Military Selective Service Act compliance and documentation of dislocated worker status. A.2 Establish and maintain a participant file for each person enrolled in a JTPA program under this Contract. The participant file will, at a minimum, consist of: a completed JTPA Application, Transaction/Movement, and Termination forms, Individual Service Strategy (ISS) , grievance procedure, reading and math tests and documentation/substantiation of eligibility. For Title II, supportive service and ISS must be included as appropriate. For EDWAA, a work history and an ISS must be included . B. Management Information Systems The Contractor agrees : B.1 To provide GJTO with copies of all forms necessary for the maintenance of a complete and accurate JTPA par- ticipant record on the statewide automated Management Information System (MIS) for each participant using the definitions established in the JTPA letters. An Application for each applicant, Transaction/Movement, and Termination form shall be submitted to GJTO for every participant. B.2 To submit Applications, Transaction/Movement, and Termination forms to GJTO within 14 days following the event that they record . B.3 That only those participants for whom complete, timely data have been provided will be considered in deter- mining whether the terms of this Contract have been fulfilled. C. Financial C.1 The Contractor shall report and expend the funds in accordance with the Budget Information Summary (Attachment 2) , attached hereto and by this reference HUSK\AAA'930W.CTN Page 8 of 29 930831 incorporated herein. C.2 The Contractor shall be reimbursed by GJTO under this Contract by submitting a signed and dated Contract Reimbursement Document. C. 3 All funds allocated but not expended for the autho- rized purposes of this Contract, shall be deobligated by GJTO within 45 days after the Contract ending date. C.4 The Contractor shall record expenditures in its accounting records by contract and contract budget line item and shall report to GJTO in accordance with financial procedures and budget revisions and amend- ments described in the "Financial Reporting Proce- dures" which shall be provided to the Contractor. Unless otherwise identified in the Statement of Work, payment is based on the reimbursement of actual costs incurred. C.5 The Contractor shall limit cash to the minimum amounts needed and shall time expenditure reimbursements to be in accord only with the actual immediate cash require- ments of the Contractor in carrying out the purpose of this Contract. The timing and amount of cash expendi- ture reimbursements shall be as close as is adminis- tratively feasible to actual disbursements by the Contractor. D. Property Management To purchase property with JTPA funds, a Property Requisi- tion and Authorization Form (PRAF) must be submitted to, and processed by, GJTO. See Paragraph VI, General Provisions, or Property Policy Guidance Letter #PGL 93-10- F4 . E. Sanctions Failure to comply with eligibility, participant file, management information systems, financial and/or property reporting requirements will result in delay or denial of approval of cash reimbursement document (CRD) for payment. IV. CONTRACTOR TRAINING Disbursement of funds is contingent upon the Contractor participating in Contractor Training, which relates to Financial and MIS, and is offered by GJTO on a bi-monthly basis . Exceptions may be given only with written approval by HUSH\AAA'930W.CTN Page 9 of 29 930831 the Director or Deputy Director of GJTO. V. ACKNOWLEDGEMENT OF FUNDING All public relations materials, press releases and/or news articles related to services provided under this Contract, will name GJTO and the Governor as a funding source. Failure to comply with this provision may result in termination of this Contract. VI. OUARTERLY NARRATIVES The Contractor agrees to provide a quarterly narrative report within 30 days after the end of each quarter which describes the status of the project including obstacles and successes and progress in meeting the goals specified in the "Scope of Services" (Section A.5) . VII. PERIOD OF PERFORMANCE AND OPTION FOR RENEWAL The period of performance is from August 30, to July 31, 1994. The Contract may be renewed annually for One (1) additional year, dependent upon availability of funds to GJTO, and the satisfactory performance by the Contractor as determined by GJTO. Renewal of this Contract shall be at the sole discretion of GJTO. The Contractor understands that this renewal option represents no prior commitment by GJTO to renew this Contract, and any such renewal shall be accom- plished by proper amendment according to State of Colorado Fiscal Rules, specifying the additional funds available. Such amendment shall also provide for the modification of such other terms and conditions of this Contract as are appropriate. VIII. GENERAL PROVISIONS The Contractor agrees to perform in accordance with, and to comply with, the General Provisions, attached, and by this reference incorporated herein. IX. SPECIAL PROVISIONS The Contractor agrees to perform in accordance with, and to comply with, the special provisions attached hereto, and by this reference incorporated herein. X. 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 HUSH\AM'930W.CTN Page 10 of 29 930831 (AA) to insure adequate utilization of members of protect- ed classes of workers who have been victims of past discrimination. EEO shall mean that no individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the adminis- tration of or in any program funded under this section because of race, color, or national origin, age, disabili- ty, or political affiliation or belief. Contractors shall be governed by the prohibitions against discrimination on the basis of age under the Age Discrim- ination Act of 1975, on the basis of disability 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 activi- ties funded under this Act are considered to be programs receiving Federal financial assistance and are all subject to all provisions of EEO. B. Affirmative Action Requirements B.1 AA shall mean good faith efforts through specific steps to eliminate the effects of past discrimination, thereby enhancing the organization' s ability to: B. 1 .a Bring into the workforce, qualified members of protected class groups; and B.1 .b Facilitate the upward mobility of protected class groups; and B. 1 .c Assure non-discriminatory treatment with re- spect to compensation, terms, conditions, or privilege of employment. B.2 Contractors shall be required to maintain a written AA program which includes as a minimum: B. 2 .a A description of the recruiting, training, or other functions that the Contractor will be en- gaged to perform, as well as, the training and the specific steps that will be undertaken to insure that eligible individuals will: • Be selected for participation in training; • Be trained in necessary skills; • Be referred for job openings; HUSH\AAA'930W.CTN Page 11 of 29 930831 in proportion to their representation in the eligible client population. B. 2 .b A description of how Contractors will monitor the programs to keep an accurate accounting of all training including: • Whether trainees successfully complete the training; and • Whether the trainees are or are not placed into employment. The Office of Federal Contract Compliance along with GJTO will monitor compliance and review data necessary to determine whether any viola- tion of Executive Order 11246 has occurred by any Contractor subjected to those AA obliga- tions . B. 2 .c A description of employee recruitment and hiring which insures adequate utilization of women, Blacks, Hispanics, disabled persons, veterans, and persons over the age of 55 in their workforce. AA goals and objectives in hiring shall be based on either of the follow- ing measures: • U.S. Census data reflecting the percentage of each ethnic, age and racial group avail- able in the general labor force in the clas- sifications of Public Administrators; Coun- selors-Educational and Vocational; Social Workers; Personnel, Training, and Labor- Relations Specialists; and Secretaries, Clerks, and Receptionists; or • Colorado Employment and Training Division: Job Service applicant by occupation data re- flecting the percentage of each ethnic, age, and racial group available in the local labor force in the above classifications. C. Implementation C. 1 Contractors shall designate an individual to serve as the EEO/AA Officer. The EEO/AA Officer will: C.1 .a Conduct an annual availability and utilization analysis to determine underutilization of any group in any job classification. HUSH\AAA'930W.CTN Page 12 of 29 930831 C. 1 .b Develop, implement, and continuously monitor the Contractor' s AA plan. This will include maintaining relevant statistics on women, protected classes, minorities, disabled indi- viduals, veterans, and senior citizens possess- ing relevant skills within the local labor market. C. 1 .c Provide assistance to employers and subrec- ipients for the promotion of EEO. C. 1 .d Advise the administrator in charge of the program regarding regulations and guidelines of federal, state and local agencies as they affect EEO and the AA plan of the Council. C.1 .e Maintain liaison with appropriate federal and state agencies . C. 1 .f Provide consultation and assistance on all AA and EEO-related personnel matters. C. 1 .g Assist in the orientation of new employees, as required, and counsel employees on equal opportunity matters. C.l .h Review and approve appointments, promotions, disciplinary actions, separations, and layoffs for compliance with EEO standards set forth above. C. 1 . i Recommend employment goals and timetables, to the Contractor, perform annual analysis of the agency' s workforce, staff utilization of avail- able labor force possessing requisite skills, prepare quarterly reviews of the agency' s performance against established goals, and recommend revisions to the AA plan. C.1 .j Disseminate EEO/AA information to employers, subrecipients, and employees . C. 1 .k Review Contractors bidding on and holding cont- racts regarding their compliance with EEO standards set forth above. C.1 .1 Provide for and conduct in-depth equal oppor- tunity compliance reviews as deemed necessary to assure effective EEO implementation. HUSH\AAA'930W.CTN Page 13 of 29 q ,0831 GENERAL PROVISIONS I. LEGAL AUTHORITY The Contractor assures and guarantees that it possesses the legal authority to enter into this Contract. The person or persons signing and executing this Contract on behalf of the Contractor do hereby warrant and guarantee that they have been fully authorized by the Contractor to execute this Contract on behalf of the Contractor. II. PAYMENT CONTINGENCY The parties hereto expressly recognize that the Contractor is to be paid, reimbursed or otherwise compensated with funds provided to GJTO by the United States Department of Labor under the Job Training Partnership Act (JTPA) and/or Economic Dislocation and Worker Adjustment Assistance Act (EDWAA) . Therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent ' upon receipt of such funds and upon GJTO continuing to receive such funds. If any part of the funds are not received by GJTO, for any reason, GJTO may unilaterally terminate this Contract, or, with the consent of the Contractor, modify the terms hereof. Insofar as this contingency affects the Contractor, subreci- pients or suppliers, for mutual protection of the parties, the Contractor agrees to include this contingency in all its subcontracts . III. TERMINATION The performance of work under this Contract may be terminated by GJTO in accordance with this clause in whole or in part. A. GJTO may terminate this Contract when it has been deter- mined 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 thirty ( 30) working days, unless otherwise specified in the notice, after receipt in which to respond with a written plan acceptable to GJTO for correction of defi- ciencies. If the Contractor does not respond within the appointed time with appropriate plans, GJTO shall serve a termination notice on the Contractor. B. GJTO may terminate this Contract if it is determined that the Federal or State Government has debarred or suspended the Contractor within a three year period preceding this HUSH\AAA'93GW.CTN Page 14 of 29 930831 Contract, or debars the Contractor during the term of this Contract, pursuant to 29 CFR 98 and 24-109-105 CRS. C. GJTO may request a termination of this Contract for conve- nience, 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. 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 commensurate with the further expenditure of funds . E. After receipt of a notice of termination, the Contractor shall: E.1 Stop work under the Contract on the date and to the extent specified in the notice of termination. E.2 Place no further orders or subcontracts for 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 relate 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 settle or pay any or all claims arising out of the termination of this Contract. E.5 Settle all outstanding liabilities and all claims arising out of such termination of orders and subcon- tracts in accordance with the provisions of this Contract. E. 6 Transfer title of all Contract property to GJTO (to the extent that title has not already been trans- ferred) and deliver in the manner and at a time specified by GJTO. E.7 Take such action as may be necessary or as may be directed, for the protection and preservation of the property related to this Contract which is in the possession of the Contractor and in which GJTO has or may acquire an interest. HUSHkAAA'83OW.CTN Page 15 of 29 930831 F. After receipt of a notice of termination, the Contractor receiving notice shall submit to GJTO its completed and acceptable fiscal 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 termina- tion, unless one or more extensions in writing are granted by GJTO. G. The Contractor shall have the right to appeal any unilat- eral determination to terminate in accordance with JTPA. In any case, where GJTO has made a determination of the amount due, GJTO shall pay the Contractor the following: G. 1 If there is no right of appeal hereunder or if no timely appeal has been submitted, the amount so determined by GJTO; or G.2 If an appeal has been submitted, the amount finally determined on such appeal. H. GJTO may, from time to time, under such terms and condi- tions 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. IV. MANAGEMENT ACTIVITIES AND RECORD MAINTENANCE A. In addition to any requirements imposed elsewhere in this Contract, the Contractor shall ensure that sufficient, auditable and otherwise adequate records that will provide accurate, current, separate and complete disclosure of the status of the funds received under the Contract are maintained for five (5) years or the completion and resolution of an audit. Such records shall be sufficient to allow the U.S. Department of Labor, firms conducting audits of JTPA funds and GJTO to audit and monitor the Contractor. Accordingly, recipients/subrecipients shall maintain a copy of the Participant Record which records any par- ticipant' s participation in the JTPA program, including dates of entry, eligibility, participation and termination and shall retain such records at least a minimum of five 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 five- year retention period does extend the retention period . HUSH\AAA'93ow.cfN Page 16 of 29 930831 B. The Contractor shall ensure that it will comply with the provisions of GJTO' s Audit Policy and Procedures. If the Contractor receives over Twenty-Five Thousand Dollars ($25,000) of direct Federal financial assistance from GJTO within the Contractor' s fiscal year, the Contractor shall submit an audit report in accordance with the Single Audit Act and OMB Circulars A-128 or A-133, whichever is applicable, to GJTO within 10 days of the Contractor' s receipt from its auditors, but no later than one year after that fiscal year that was reported upon. The Contractor shall establish an audit committee that engages the independent auditor, determines the services to be performed, reviews the progress of the audit and the final audit findings, and intervenes in any disputes between management and the independent auditors. C. GJTO, the U.S. Department of Labor, GJTO' s auditors and other representatives of GJTO shall, during business hours, have access to inspect and copy books, records, memoranda, correspondence, personnel staffing records, independent audit workpapers and any other documents, and shall be allowed to monitor and review through on-site visits, all program activities, personnel staff, services and programmatic and administrative practices, supported with funds under this Contract to ensure compliance with the terms of this Contract, and provisions of any subcon- tracts funded in whole or in part through this Contract. D. The Contractor shall review the findings of GJTO or representatives and shall act promptly, as directed by GJTO, to remedy deficiencies noted in such findings. If corrective action is not taken and such deficiencies persist, GJTO may terminate this Contract. E. If corrective action requires repayment of JTPA funds expended for unallowable purposes, stand-in costs may be substituted for disallowed costs where: incurred during the same program year, paid for with non-federal funds and allowable under the same JTPA program title and cost category as amounts disallowed. The availability or use of stand-in costs must be reported to GJTO. F. 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 HUSH\AM'930w.cTH Page 17 of 29 930831 with the terms of this Contract or with the prior written consent of GJTO approving the subcontractor. VI. PROPERTY MANAGEMENT The Contractor shall comply with GJTO' s property management procedures and all relevant JTPA letters . The Contractor ensures that it will maintain proper inventory control over all nonexpendable supplies and property purchased with JTPA funds. A. State and Local Governments 1. Expendable and Nonexpendable Supplies a. If there is a residual inventory of unused ex- pendable supplies exceeding $5,000 in total aggregate fair market value upon termination or completion of the award, and if the supplies are not needed for any other federally sponsored programs or projects, the grantee or subgrantee shall compensate GJTO for its share. b. Nonexpendable supplies with a unit acquisition cost of $300 or more and a useful life of more than one year must be tracked internally by the Contractor from purchase through disposition. 2. Property Property purchased with an acquisition cost of $5,000 or more per unit and with a useful life of more than one year must be tracked internally by the Contractor from purchase through disposition. The Contractor must submit a Property Requisition and Authorization Form (Property Policy Guidance Letter, PGL 93-10-F4 ) to GJTO prior to the purchase of any property as defined above. Upon receipt of GJTO's written approval, the Con- tractor may proceed with the purchase. o Disposition of Property Prior written approval and disposition instruc- tions from GJTO is needed before disposition of such property may occur. 3. Title Title to all nonexpendable supplies and property as defined above and purchased by the Contractor shall be retained by the Contractor. HUSH\AAA'930W.CTN Page 18 of 29 930831 B. Nonprofit and Higher Education Organizations 1. Expendable and Nonexpendable Supplies If there is a residual inventory of unused expendable supplies exceeding $1,000 in total aggregate fair market value upon termination or completion of the grant or other agreement, and the property is not needed for any other federally sponsored project or program, the recipient shall retain the supplies for use on nonfederally sponsored activities, or sell it, but must in either case, compensate GJTO for its share. 2. Property Property with a unit acquisition cost of $300 or more and a useful life of more than one year must be tracked internally by the Contractor from purchase through disposition. The Contractor must submit a Property Requisition and Authorization Form (Property Policy Guidance Letter PGL 93-10-F4) to GJTO prior to the purchase of any nonexpendable property as defined above. Upon receipt of GJTO' s written approval, the Con- tractor may proceed with the purchase. O Disposition of Property Prior to disposition, written approval and dispo- sition instructions from GJTO are needed before disposition of property, with a unit acquisition cost of $1,000 or more, may occur. 3 . Title Title to all nonexpendable supplies and property shall be retained by the Contractor. C. Commercial Organizations 1. Property The Contractor must submit a Property Requisition and Authorization Form (Property Policy Guidance Letter PGL-93-10-F4 ) to GJTO prior to the purchase of any property with a unit acquisition cost of $300 or more and a useful life of more than one year. Upon receipt of GJTO' s written approval, the Con- tractor may proceed with the purchase. HUSH\AAA'930w.CTN Page 19 of 29 900831 0 Disposition of Property Prior to written approval and disposition in- structions from GJTO is needed before disposition of such property may occur. 2. Title Title to all property purchased by a Commercial Organization shall be retained by GJTO. VII. ASSIGNMENT The Contractor shall not assign this Contract to third parties without the prior written consent of GJTO approving both the assignment and the assignee. VIII.SEVERABILITY To the extent that this Contract may be executed and perfor- mance of the obligations of the parties may be accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision hereof be declared invalid or become inoperative, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term. IX. CHANGES IN STATEMENT OE WORK A. Modification by Operation of Law This Contract is subject to such modification as may be required by changes in federal or state law or regula- tions. Any such required modification shall be incorpo- rated into and be part of this Contract as if fully set 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 Categories . B.2 In addition to the foregoing procedure, prior approval for such changes must be authorized by the State in an amendment to this Contract properly executed and approved in accordance with applicable law under the following circumstances: HUSH\AAA'93ow.CTN Page 20 of 29 9-'20831 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 deter- mined by GJTO. Under such circumstances, GJTO' s approval is not binding until the Contract amendment is executed . X. PROGRAM INCOME If program income is generated under this Contract, an agreement providing for the use of such income subsequent to termination of this Contract is required, prior to the expenditure of such funds . XI. INTEGRATION OF UNDERSTANDINGS This agreement is intended as the complete integration of all understandings between the parties . No prior or current addition, deletion, or other amendment shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing that is executed and approved pursuant to the State Fiscal Rules and other applicable statutes and regulations. XII. ASSURANCES 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 proce- dures. Further, the Contractor agrees to follow Federal Regulations governing grievance resolution of all com- plaints, including those based on discrimination, but excluding complaints alleging discrimination. The Contractor agrees to follow all pertinent Governor' s HUSH\AAA'930W.CTN Page 21 of 29 930831 policy issuances concerning grievance procedures. E. No funds provided under this Act shall be used or proposed for use to encourage or induce the relocation, of an establishment or part thereof, that results in a loss of employment for any employee of such establishment at the original location. No funds provided under this Act shall be used for customized or skill training, on-the-job training, or company specific assessments of job applicants or employ- ees, for any establishment or part thereof, that has relocated, until 120 days after the date on which such establishment commences operations at the new location, if the relocation of such establishment or part thereof, results in a loss of employment for any employee of such establishment at the original location (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 Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646 ) which requires fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs . F.2 It will comply with the provisions of the Hatch Act, where applicable, which limit the political activity of certain State and local government employees . F.3 For grant, subgrants, contract, and subcontracts in excess of One Hundred Thousand Dollars ($100,000) , or where the grant officer has determined that orders under an indefinite quantity contract or subcontract in any year will exceed One Hundred Thousand Dollars ($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 oth- erwise exempt, the grantee assures that: F. 3 .a No facility to be utilized in the performance of the proposed grant has been listed on the EPA list of Violating Facilities; F. 3 .b It will notify the Regional Administrator, prior to award, of the receipt of any communi- cation from the Directors, Office of Federal Activities, U.S. EPA, indicating that a facili- ty to be utilized for the grant is under con- sideration to be listed on the EPA list of Violating Facilities; and HUSH\AAA'930W.CTN Page 22 of 29 trOfl31. 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 627 .603 and 627 . 604 ) ; F.5 All grievances concerning the conduct of the Con- tractor shall follow the grievance procedures set forth in 20 CFR 627 .500 et seq; F.6 It will comply with the Child Labor laws; F.7 It will comply with the Safety Standards of Occupa- tional Safety and Health Act (OSHA) ; F.8 It will comply with the Davis Bacon Act; . F.9 It will comply 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 Ser- vices 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 regula- tions where appropriate. G. The Contractor assures that it will comply with bonding and insurance requirements as follows: G.1 The Contractor shall maintain JTPA funds in cash depositories which have Federal Deposit Insurance Corporation (FDIC) coverage. When the Contractor' s account balance exceeds the FDIC maximum coverage on deposits, JTPA funds shall be collaterally secured on a daily basis. HUSH\AAA'930W.CTN Page 23 of 29 9C0831 G.2 Upon written request to the Contractor being made by the State, the Contractor shall maintain during the life of the Contract Bodily Injury and Property Damage Insurance, acceptable to the State covering the services hereunder and all operations in 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, such as Contractor' s Contingent or Protective Liability and Property Damage insurance to protect its interest and those of the State, if any. G.3 whenever the work covered by the Contract shall involve the use of vehicular equipment, the 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, Six Hundred Thousand Dollars ($600, 000) for an injury to two or more persons in any single occurrence, and Six Hundred Thousand ($600,000) 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: G. 3 .a Contractor' s own vehicles; G. 3 .b Hired vehicles; G. 3 .c Vehicles not owned by the Contractors; and 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 determined by the State may be given to meet this requirement as regards State property. G.5 Excepting the Insurance required by Paragraph G. 2 above, one certified copy of the foregoing policies and three copies of a certificate evidencing the existence thereof shall be delivered to the State within twenty (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 certificate evidencing the existence thereof shall be delivered to the State before use of vehicular equipment is undertaken, as described in said Para- HUSHXAAA'93OW.CTN Page 24 of 29 930831 graph G.2. Each copy and certificate must bear the following special endorsement by the agent of the proposed insurance carrier; "This policy shall not be altered, materially changed or canceled without giving 15 days prior written notice, by certified mail, to GJTO. " G.6 A valid receipt showing payment or obligation for the payment of the premium for all such insurance, accepting the insurance required by said Paragraph G.2, shall be submitted to the State by the 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 premium for the in- surance required by said Paragraph G.2 shall be submitted to the State with the policies and cer- tificated 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 subcon- tractors, shall comply with the Workmen' s Compen- sation Act of Colorado and shall provide compen- sation 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 undertaken by the Contractor, three copies of the certificate or certificates evidencing such insurance to be in effect. I. The Contractor assures that prior to the initial disbursement of funds to the Contractor it shall ensure that every officer, director, agent, or employee authorized to act on behalf of the Contractor in receiving or depositing funds into program ac- counts; or in issuing financial documents, checks, or other instruments of payment for program costs shall obtain a fidelity bond to provide protection against loss. The coverage shall be equal to Twenty-five Percent (25%) of the Contract amount received from GJTO. If the fidelity bond of any employee of the Contractor is canceled or coverage is substantially reduced, the Contractor shall notify GJTO and GJTO shall not disburse any funds thereafter until GJTO receives and acknowledges assurance from the Contractor that adequate insurance coverage has been obtained. J. The Contractor assures that every reasonable course of action will be taken by the Contractor to maintain the HUSH\AAA'930W.CTN Page 25 of 29 9 '0A31 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. K. The Contractor assures and certifies that it and its principles: K.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntari- ly excluded from covered transactions by any fed- eral department or agency; K.2 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 per- forming a public (federal, state or local) transaction or contract under a public transac- tion; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiv- ing 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 offenses enumerated in paragraph (K.2) of this certification; and K.4 Have not within a three-year period preceding this Contact, had one or more public transactions (federal, state, or local) terminated for cause or default. Where the Contractor is unable to certify to any of the statements in this certification, such Contractor shall attach an explanation to this proposal. L. The Contractor certifies that pursuant to the Drug Free Work Place of 1988, 45 CFR Part 76, Subpart F, the Contractor will provide a drug-free workplace. M. The Contractor certifies that it will comply with 49 CFR, Part 20, and JTPA Letter #90-12, Lobbying, Certification. HUSH\AAA'930W.CTN Page 26 of 29 9C0R31. N. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employ- ees, agents, subcontractors, or assignees pursuant to the terms of this contract. O. No funds available under this Act shall be used for employment generating activities, economic development activities, investment in revolving loan funds, capitalization of businesses, investment in contract bidding resource centers, and similar activities. No funds under title II or III of this Act shall be used for foreign travel. (JTPA, §141 (q) . P. As a condition to the award of financial assistance under JTPA from the Department of Labor, the grant applicant assures, with respect to operation of the JTPA-funded program or activity, and all agreements or arrangements to carry out the JTPA-funded program or activity, that it will comply fully with the nondis- crimination and equal opportunity provisions of the Job Training Partnership Act of 1982, as amended (JTPA) , including the Nontraditional Employment for Women Act of 1991; title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; title IX of the Education Amendments of 1972, as amended; and with all applicable require- ments imposed by or pursuant to regulations imple- menting those laws, including but not limited to 29 CFR part 34. The United States has the right to seek judicial enforcement of this assurance. Q. Contractors and subcontractors of GJTO, SDAs, the sub- state grantees (SSG) and their subgrantees, contrac- tors and other subrecipients are expressly prohibited from the exclusivity of patents, copyrights or trademarks on material that has been developed with the use of federal or state funds. Such material is considered by GJTO to be in the public domain. R. The Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither the contractor nor any agent or employee of the contractor shall be or shall be deemed to be an agent or employee of the state. Contractor shall pay when due all required employment taxes and income tax withholding, shall provide and keep in force worker' s compensation (and show proof of such insurance) and unemployment compensation insurance in the amounts required by law, and shall be solely responsible for the acts of the contractor, its employees and agents. HUSH\AAA'93OW.QTN Page 27 of 29 900831 SPECIAL PROVISIONS CONTROLLER'S APPROVAL 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 of Colorado 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 work for this State,the contractor shall,before entering upon the performance of any such work included in this contract,duly execute and deliver to the State official who will sign the contract, 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 upon the faithful performance of the contract and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any labor,materials,team hire,sustenance,provisions,provender or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery,tools,or equipment in the prosecution of the work 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 is executed,delivered and filed,no claim in favor of the contractor arising under such 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 CRS 38-26-106. INDEMNIFICATION 4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs,expenses, and attorney fees incurred as a result of any act or omission by the contractor,or its employees, agents, subcontractors,or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices(CRS 24-34-402), 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: (a) 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 advertisings; lay-offs or terminations;rates of pay or other forms of compensation;and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (b)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. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,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. (d)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. (e)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. (f)A labor organization,or the employees or members thereof will not aid, abet, incite,compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct 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. Form 6-AC-02B Revised 1/93 395-53-01-1022 page 28 of 29 pages 9 ''083' (g)In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,regulations,or orders, this contract may be canceled,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. (h)The contractor will include the provisions of paragraphs(a)through(h)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 CRS 8-17-101& 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. b.When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is determined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements(CRS 8-19-101 and 102) GENERAL 7.The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution,and enforcement of this contract.Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws,rules,and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defence,or otherwise.Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8.At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules,and regulations that have been or may hereafter be established. 9.The signatories aver that they are familiar with CRS 18-8-301,et.seq.,(Bribery and Corrupt Influences)and CRS 18-8-401,et.seq.,(Abuse of Public Office), and that no violation of such provisions is present. 10.The signatories aver that to their knowledge,no state employee has any personal or beneficial interest whatsoever in the service or propeny described herein: IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written. - a Contractor: Weld County Area Agency on Aging, a Colorado non-profit corporation (Full al Name) WELD COUNTY ARD OF COMMTSSIONERS TE OF COs RADO ' g ROM „GOVERi`�R CONSTANCE L. HARBERT 08/25/93 •5 EXECUTI RECrr Position(Title) CHAIRMAN Leslie S. Fraklin 84-600081A3 S Security Nymbcr dgra i Num DEPARTME NX If Corporation:) ,//////(( // b/Qr�� Oplu overnor's Job Training Office Attest(Seal) /� Gl/tom,! By MINN X/9:1 r\TO BOARD APPROVALS ATTORNEY GE -g IEJp / CONTROLLER By By )ROVALS. ''E CONTROLLER ;:rim" C,,_.a f RD W. LL. r)Form 6-AC-02C 29 2 9 QY Revised 1/93 Q, LY Page� which is the last of pages BY 395-53-01.1030 'See instructions on reverse side. 9'0831 Suustink,.Form REQUEST FOR TAXPAYER IDENTIFICATION -co '•°o.Dep°"n'entOf M"m"'ist,ati°n ` .,9, NUMBER(TIN) VERIFICATION - .Do NOT send to IRS PRINT OR TYPE RETURN TO ADDRESS BELOW Legal Name Weld County Commissioners DO NOT ENTER THE BUSINESS NAME OF A SOLE PROPRIETORSHIPON THIS LINE-Sec Revers far Spero*ait aai - Trade Name Weld County Area Agency on Aging COMPLETE ONLY IF DOING BUSINESS AS(DMA) Primary Address F.O. Box 1805 City,State,Zip, Greeley, Colorado 80632 Remit Address-Optional City.State.Zip, Order Address -Optional City,State,Zip, Check legal entity type and eater 9 digit Taxpayer Idea .r „- a r f below: - ' (SSN-Social Security Number FEIN m Federal Enlp . - r 'rt( Numb "+ nIndividual . / I:4 tis _ • . ..ual N) - __-____ NOTE Ire ea isci s sec lais Accost men the b ii _ _ n Sole Proprietorahip(Owner' '.�' FEII!{ �� '! .5 --- ------- 1 Partnership ❑Gencrl 'f-ifnited P;\ ( p's.FEti - Estate/Trust ( sz. ':.u"'(I-g�al Entity's FEIN" NOTE Do a finish the tasefioke et the o eab.onless the WS amity ktfB eo lame ti_.— ammo IMi.LraIddm4reeneal Iqr ma. a ;, e j n l f \ \ Other Groups of Indivib ale y V (> t g (tJdNWhi'tptbe>par.Maveerre: c4 .::(7-:4.\‘`) ,.: it \ ; In Corporation Do you provi••� m--eth v. - ..._�� I ( 71 —- IlttdtRaotpetatieapaYtoeamefQlC��+ �w )o Government(or Gov Operateo)t rot ry �._''••••••.... I' _• ` (E6'tity's FE ,!8 4 - 6 0 0 0 8 1 3 - , '`r p; Organization Exempt from Tax under Seefaon 501 r, f`( (Orgs ) _ Do you provide medical service 94J Yeg 5 Ncif icy 1`, Check Here if you do not have a SSN or FEIN,butitaaQflpphct &fone.See reverse for information on How to Obtain A TIN. Licensed Real Estate Broker? ❑Yes 0 No Under Penalties of perjury.I certify that (I) The number listed on this form is my cone,Taxpayer Identification Number(or I am waiting for a number to be issued to me)AND (2) 1 am not subject to backup withholding because:(a)I am exempt from backup withholding.or(b)I have not ben notified by the Internal Revenue Service(IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends'or(c)the IRS has notified me that I am no longer subject to backup withholding(does not apply to real estate transactions,mortgage interest paid.the acquisition of abandonment of secured property.contribution loan individual retirement arrangement(IPA).and payments other than interest and dividends). CERTIFICATION INSTRUCTIONS-You must cross out item(2)above if you have been notified by the IRS that you are currently subject to backup withholding be- causeorunderieponinginterestordividendsonyourtaxretun.(SeeSigning thecetlification on the reverse of this form.) CHAIRMAN, WELD COUNTY NAME(Print or Type) CONSTANCE L. HARBERT 'ITrLE(Print or Type) BOARD OF COMMISSIONERS AUTHORIZED SIGNATURE f'.-,s7 2C-77,..% 47Gf h�ulaF'- DATE 08/23/93 PHONE( 303 ) 336-4000 • DO NOT WRITE BELOW THIS LINE • AGENCY USE ONLY Agency.-.- —.— Approved By Date :12083.1 1099 Y.: • N VEND Addition— Change Action Completed By Date • w _ .Attachment'L.- - . DEFINITIONS 1. APPLICANT (an individual) - Person( s ) seeking Job Training Partnership Act (JTPA) services who have filed a completed application and for whom a formal eligibility determination has been made. 2. CERTlnCATION Refers to the act of • 1) attesting that the information provided by each JTPA individual as stated on an applica- tion form is true and correct; 2) Authorizing verification of this information; • 3 ) stating penalties for falsification; and 4) certifying that grievance procedure has been explained to the applicant. All applicants must sign and date the application format the point of eligibility determination. (Lexicon for the JTPA) 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. 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 ) ] . 4. COMPLETION OF TRAINING - The participant has met or achieved the minimum prescribed period of training, as described in the training agreement in accordance with the Scope of work of this Contract, and has attained the minimum level of perfor- mance or skill associated with the training activity (GJTO) . An activity is completed if the individual achieves the activity' s goal. 5 . CONTRACT - a formal legally binding agreement between two principal departments of the State or one principal department of the State and another party or an amendment to such agreement. A procurement instrument by which GJTO, a SDA grant recipient or a subrecipient pays for property, services, supplies, materials or equipment. s%d.fin. Page 1 of 8 9083] 6. CONTRACTOR Any person, corporation,' `partnership, public agency, lar other entity which enters into a contract with. the Governor's Job Training Office, an SDA grant recipient or a subrecipient under the Act. One who contracts to do work for another. 7. ECONOMICALLY DISADVANTAGED - The term "economically disadvan- taged means an .individual who : (A) receives, or is a member of a family which receives, cash welfare payments under a Federal, State or local welfare program; (B) has, or is a member of a family which has, received a total family income for the six-month period prior to application for the program involved (exclusive of unemployment compensation, child support payments, and welfare payments) which, in relation to family size, was not in excess of the higher of (i) the official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673 ( 2) of the Omnibus Budget Reconciliation Act of 1981 ( 42 U.S.C. 9902( 2) ). , or ( ii) 70 percent of the lower living standard income level; (C) is receiving (or has been determined within the 6-month period prior to the application for the program involved to be eligible to receive) food stamps pursuant to the Food Stamp Act of 1977 ; (D) qualifies as a homeless individual under subsections (a) and (c) of section 103 of the Stewart B . McKinney Homeless Assistance Act ( 42 U.S .C. Sec 11302) ; (E) is a foster child on behalf of whom State or local government payments are made; 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 (F) in cases permitted by regulations of the Secretary, an individual with a disability whose own income meets the requirements of clause (A) or (B ) above, but who is a member of a family whose income does not meet such requirements . (JTPA §4 (g) ) . a\defin• Page 2 of 8 930831 8. EMPLOYED' -. See Labor Force Status ` 8A. Employment - Employment for 20 .or more hours per week for performance standards (JTPA §106 (k) ) . 9. Initial Enrollment - Date of participation. The date on which the individual began to receive JTPA-funded program services after initial screening for eligibility and suitability. Objective assessment to determine service strategy of employment goals must occur on the date of participation and is considered an initial program service. 10. Fami y - Two or more persons related by blood, marriage, or decree of court, who are living in a single residence, and are included in one or more of the following catego- ries A) A husband, wife, and dependent children. • B) . A parent or guardian and dependent children. C) A husband and wife. See GUARDIAN, DEPENDENT CHILDREN, and LIVING IN A SINGLE RESIDENCE. (JTPA §4( 34 ) ) 11. FAMILY INCOME - Determining gross family income is one of the most difficult tasks when determining and individ- ual's eligibility for JTPA. For the purpose of determin- ing JTPA income eligibility, 20 CFR 626 .5 Definitions, Family Income means "income" as defined by the Department of Health and Human Services in connection with the annual poverty guidelines. Section 4(8) (B) excludes unemployment compensation, child support payments and welfare payments from income. Therefore, while these items appear as included income in the poverty guide- lines, they are excluded from income .for JTPA purposes. Family income includes total annual cash receipts before taxes from all sources, with the exceptions listed below. INCLUDED AS INCOME Money wages and salaries before any deductions. Net receipts from nonfarm self-employment (receipts from a person's own unincorporated business, pro- fessional enterprise, or partnership after deduc- tions for business expense) . Net receipts from farm self-employment (receipts from a farm which one operates as an owner, renter, or sharecropper, after deductions for farm operat- ing expenses) . .W.fin. Page 3 of 8 • 5r0R3t. nt s4 y Regular payments frot 'social security, railroad d - retirement, strike . benefits-. from union ' funds, worker's compensation, veteran's payments, and training stipends. Alimony. Military family allotments or other regular support from an absent family member or someone not living in the household. Pensions whether private, government employee (including military retirement pay) . Regular insurance or annuity payments. College or university grants, fellowships, and assistantships. Dividends, interest, net rental income, net royal- ties, periodic receipts from estates or trusts. Net gambling or lottery winnings. EXCLUSIONS FROM INCOME Unemployment compensation child support payments welfare payments (including AFDC, SSI, RCA, and GA) Capital gains Any assets drawn down as withdrawals from a bank, the sale of property, a house or a car Tax refunds, gifts, loans, lump-sum inheritances, one-time insurance payments, or compensation for injury Noncash benefits such as employer paid fringe benefits, food or housing received in lieu of wages, Medicare, Medicaid, Food stamps, school meals, and housing assistance (Title II Eligibili- ty TAG) 12. TNDIVIDUAL WITH A DISABILITY FOR ELIGIBILITY: Those individuals evaluated and documented as being mentally retarded, hard of hearing, deaf, speech im- paired, blind , visually impaired, seriously emotionally disturbed , orthopedically impaired, other health im- ski:Win. Page 4 of 8 q,?t)R31 •,h.„ paired deaf-blind, multiple disabilities, 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) . FOR PERFORMANCE STANDARDS: An individual who has a physical (motion, vision, hearing) or mental (learning or developmental) impairment which substantially limits one or more of such person's major life activities; has a record of such an impair- ment; or is regarded as having such an impairment. NOTE: This definition will be used for performance standards purposes, but is not required to be used for program eligibility determination. (Federal Register, Vol. 57, no. 219 ) The term "individuals with disabilities" means more than one individual with a disability. (JTPA Sec. 4 ( 10 ) (8) ) 13. LABOR FORCE STATUS: EMPLOYED An employed individual is one who, during the 7 consecu- tive days prior to application, did any work at all as a paid employee, in his or her own business, profession or farm, worked 15 hours or more as an unpaid worker in an enterprise operated by a member of the family or is one 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, or personal reasons, whether or not paid by the employer for time off, and whether or not seeking another job. UNEMPLOYED An unemployed individual is one who did not work during the 7 consecutive days prior to application for a JTPA program, who made specific efforts to find a job within the past 4 weeks prior to application, and who was available for work during the 7 consecutive days prior to application. Also included as unemployed are those who did not work, and ( a) were waiting to be called back to a job from which they had been laid off, or sW.n"• Page 5 of 8 93(O13 ,- (b) ' were waiting to report .to a• new wage or salary job scheduled to start within 90 days . - NOT IN LABOR FORCE A civilian 14 years of age or over who did not work during the 7 consecutive days prior to application for a JTPA program and is not classified as employed or unemployed . NUMBER OF WEEKS UNEMPLOYED DURING `rut. PRIOR 26 WEEKS The number of weeks an individual was unemployed during the 26 weeks immediately prior to eligibility determina- tion (refer to definitions above) . It does not matter if the applicant was employed at the time of application. (Federal Register, Vol. 57, No. 219 ) 14. (a) Offender . - The Term "offender" means any adult or juvenile who is or .has been subject to any stage of the criminal justice process for whom service under the JTPA may be beneficial or 'who requires assis- tance in overcoming artificial barriers to employ- ment resulting from a record of arrest or convic- tion (JTPA, as amended) . (b) Offender - Any adult or youth who requires assis- tance in overcoming barriers to employment result- ina from a record of arrest or conviction (exclud- ing misdemeanors ) . This definition may be subject to change pending future regulations. 15. OLDER INDIVIDUAL - An individual age 55 .or older. JTPA 5204(d ) (7 ) 16. PARTICIPANT - An individual who has been determined to be eligible to participate in and who is receiving services (except post-termination services authorized under Sections 204(c) (4) and 264(d) (5) and follow-up services authorized under section 253(d) ) under a program autho- rized by this act. JTPA Section 4( 37) 17. PLACEMENT - The act of securing unsubsidized employment for or by a participant, as a paid employee of a 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 apprentice- ship program or the Armed Forces , and is employed for 20 or more hours per week. .td.rt". Page 6 of S 9?083t _ 1 18. 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. EDWAA DEFINITIONS 19. CERTIFICATE OF CONTINUING ELIGIBILITY- EDWAA - A docu- ment provided by a substate grantee to an eligible dislocated worker verifying their status and authorizing continuing eligi- bility for a period not to exceed 104 weeks. 20. ELIGIBLE DISLOCATED WORKER - an individual who: (a) has been terminated or laid off or who has received a notice of termination or layoff from employment, is eligible for or has exhausted his/her entitle- ment to unemployment compensation, and is unlikely to return to his/her previous industry or occupa- tion; (b) has been terminated or has received notice of termination of employment, as a result of any permanent closure or any substantial layoff at a plant, facility, or enterprise; (c) is long-term unemployed and has limited opportuni- ties for employment or reemployment in the same or similar occupation in the area in which such indi- viduals reside, including older individuals who may have substantial barriers to employment by reason of age; (d) was self-employed ( including farmers and ranchers) and is unemployed as a result of general economic conditions in the community in which he/she resides or because of natural disasters , subject to regula- tions prescribed by the Secretary of Labor. 21. SELF EMPLOYED - Any professional, independent trades person, or other business person who works for him/her- self. 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 . 22. SUBSTANTIAL LAYOFF - any reduction-in-force which is not the result of a plant closing and which results in an employment loss at a single site of employment during any 30-day period for: s defin. Page 7 of 8 930831. (a) at least 33 percent of the employees (excluding- employees regularly working less than 20 hours per week) ; and (b) at least 50 employees (excluding employees regular- ly working less than 20 hours per week) ; or (c) at least 500 employees (excluding employees regu- larly working less than 20 hours per week) . • s&d.fi.. Page 8 of 8 93 0831 Attachment 2 BUDGET INFORMATION SUMMARY (BIS) FOR DISCRETIONARY FUNDS SDA/Contractor: Weld County Area Agency on Actinci Title of Funds: Title II-A Older Workers Program/Project Name: Older Workers Year of Funds: PY 93 Reference Code: Period of Performance: From 8/30/93 To 7/31 /94 VAX #: LINE ITEM ADNINI- COORDINATION TRAINING DIRECT TOTAL DESCRIPTION STRATION RELATED TRAINING SUPPORT PERSONNEL E 3,320 0 9,461 9,686 22,467 Code OPERATING E 430 0 0 0 430 Code OJT/NE S 0 0 0 8,266 8,266 Code TUITION/BOOKS, S 0 0 200 4,600 4,800 FEES Code STAFF TRAINING 5 0 0 0 462 462 Code PARTICIPANT $ 0 0 775 0 775 SICCPRT Code TRAVEL $ 0 0 0 300 300 Code TOTAL BUDGET S 3,750 0 10,436 23,314 37,500 PERCENT 10% X 28% 62% 100% 3/93 hush\aaa'93ou.bis 930831 mEmoRAnDum hip Constance L. Harbert, Chairperson Board of County Commissioners August 17, 1993 To Commissionersdate Walter J. Speckman, Executive Director, Human Resources COLORADO From Job Training Partnership Act, Title II-A Older Worker Grant Subject: Enclosed for Board approval is a grant contract to the Governor's Job Training Office for $37,500 of Title II-A monies under the Job Training Partnership Act. Activities to be funded under the grant will include job development, referral and placement, classroom and on-the-job training, and skills enhancement. The goal is to provide training and job placement for 25 low income older adults 55 years of age and older. The grant period is from August 1, 1993 through July 31, 1994. If you have any questions, please call Linda Piper at 353-3816 ext. 3320. 930831 Hello