HomeMy WebLinkAbout960737 RESOLUTION
RE: APPROVE AMENDMENT #101 FOR EXTENSION TO OLDER WORKER PROGRAM
BETWEEN GQVERNOR'S JOB TRAINING OFFICE AND AREA AGENCY ON AGING
AND AUTHORIZE CHAIR 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 Amendment#101 for an extension to the
Older Worker Program between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Weld County Area Agency on Aging,
and the Governor's Job Training Office, commencing July 1, 1996, and ending September 30,
1996, with further terms and conditions being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment #101 for an extension to the Older Worker Program
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Area Agency on Aging, and the
Governor's Job Training Office be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 24th day of April, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORAD
�. LU%2IhLL
'Barb a J. Kirkmeyer Chair /�
III61 'r�ct��i i4j � ty Clerk to the Board
org€ E. Baxterr -Te
•
ci ��� eputy Clerk the Board , P
Dale K. Hall
APPROVED AS TO FO M: (7/9 -r , --- eye
Constance L. Harbert
ntyAtor y
e
W. H. Webster �
960737
HR0067
;Aar tori
AMENDMENT #101
THIS AMENDMENT, made this V 11 day of 96, effective , 1996 by and
between the State of Colorado for the use and b efit of the Govemor Job Training Office,
hereinafter referred to as GJTO or the State, and Weld County Area Agency on Aging, 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 unencumbered balance thereof remains in Fund Number 100,
Appropriation Number 501, Contract Encumbrance Number WA521; and
WHEREAS, the required approval, clearance, and coordination has been accomplished from and
with appropriate agencies; and
WHEREAS, authority to make such modification exists pursuant to the Original Contract.
WHEREAS,the Contractor was selected by GJTO in an open and competitive Request for Proposal
process to provide GJTO services; and
WHEREAS, the Contractor has not been able to meet the terms and conditions of the original
contract,and has requested an extension of time for the PY95,Tide II-A Older Worker Program,for
a period of three months; and
WHEREAS,the Governor's Job Training Office has accepted this request,to avoid a failed contract,
and to assist the contractor in providing the necessary services to the Tide II-A, JTPA eligible
participants; and
WHEREAS, there will be no changes made to the period of performance,goals and objectives,and
expenditure rates, associated with the Tide III,EDWAA funds awarded under this contract, and the
June 30, 1996 completion date for this section of the contract will remain the same.
NOW THEREFORE,in consideration of the mutual promises hereinafter set forth,the parties enter
into the following agreement:
I. It is expressly agreed by the parties that this Amendment is supplemental to the Original
Contract #WA-521 dated July 1, 1995, and by this reference made a part hereof, and all
conditions and provisions thereof, unless specifically modified herein,are to apply to this
Amendment as though they were expressly rewritten, incorporated and included herein.
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II. Consideration for the Amendment to the Original Contract # WA-521 consists of the
payments which shall be made pursuant to this agreement and the promises and agreements
herein set forth.
III. It is agreed that the Original Contract# WA-521 between the State of Colorado for the use
and benefit of GJTO and Weld County Area Agency on Aging shall be and is hereby
modified, altered,and changed in the following respects only:
A. Delete Section VII.Period of Performance and Option for Renewal,from the original
contract and replace with:
Section VII.(101)PERIOD OF PERFORMANCE
The period of performance for the PY95 Title III-EDWAA program is from
July 1, 1995 to June 30, 1996. The period of performance for the PY95 Title
II-A program will be from July 1, 1995 to September 30, 1996.
B. Delete Attachment 2,Budget Information Summary (BIS)for Discretionary Funds,
from the original contract and replace with:
Attachment 2 (101) Budget Information Summary (BIS) Modification
The only change made under this modification is to provide a revised period of
performance. The end date has been extended from June 30, 1996 to September 30,
1996.
IV. The Contractor agrees to perform in accordance with, and to comply with, the Special
Provisions attached hereto, and by this reference incorporated herein.
V. In the event of any conflict, inconsistency, or incongruity between the provisions of the
Amendment and any of the provisions of the Original Contract#WA-521,the provisions of
this Amendment shall, in all respects, govern and control.
H\USERS\sw\MrRSHAB\oswu.-HO 101
960737
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. this provision
is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State 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 subcontracts.
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; layoffs or terminations; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be 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 Govemor. -
(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 Govemor,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 to 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_;♦ ,of 4 pages
960737
(g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any 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 father State contracts in accordance with procedures,authorized
in Executive Order,Equal Opportunity and Affirmative Action of April 16,1975 and the odes,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,defense,or otherwise. Any
provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution.
8. At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules,and regulations that have been
or may hereafter be established.
9. The signatories 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 property described herein:
IN WITNESS WHEREOF,the parties hereto have executed this Contact on the day first above written.
Contractor: Weld County Area Agency on Aging
(Full Lei al Name) Weld County, Colorado STATE OF COLORADO
ROY ROMER,GOVERNOR
04/24/96 L r,,.ec.� -- .,,G
(.Boar! • . •uu� • • - By a�
•5 EXECUTIVE DIRECTO
Po o , Cha'
. ' ' ;s• •00813 Vickey Ricketts
:861 'f' .. ��GcrGyl;or.A, I,.N
"`% � AA► ( ■r DEPARTMENT
a/eh OF Governor's Job Training Office
de.u t
` —�:yL;t �r, •j:,r �u �. c .-. rcaumyclak to Board
Y APPROVALS i'.tt.i'ld�.L,;,:
ATTORNEY GENE n CONTROLLER M E CONE CLLER 1 r
By ttorn enerai By 4!Y= yV.
/�' e �kr.
Form 6-AC-02C Cj Richar ennington
Revised 1193 Assistant Attorney GeneraPage_- which is the last of pages
395-53-01-1030 o i;r, •See instructions on reverse side.
S-C
State SeNices
ATTACHMENT 2 (101)
BUDGET INFORMATION SUMMARY (BIS) MODIFICATION
SDA/Contractor: Weld County Area on Aging Title of Funds: II-A 5%O.W.
Project: Older Workers Year of Funds: PY 95
Original Period of Performance: From 7/1/95 to 6/30/96 Contract#: WA 521
Revised Period of Performance: From: 7/1/95 to 9/30/96 Reference Code: 05WAA
Date Processed: • VAX: 4056
Change in Number of Persons to be Served [+- (-)] -0- Mod# 101
LINE ITEM r LINE ITEM CURRENT CHANGES REVISED
CODES I DESCRIPTION BUDGET + (-) TOTAL
5AN01 Admin, $3,480.00 -0- $3,480.00
5TN01 Dir. Trg. $22,620.00 -0- $22,620.00
5PN01 Tr./Supp $8,700.00 -0- $8,700.00
TOTAL $34,800.00 $0.00 $34,800.00
•The Date Processed line will be completed by GJTO's Financial Management Unit.
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960737
MitegREIRtak. :IRINI s'�i IL z. . .' :an ""^°`".4u.. .-NUM • .ME
Weld County Area Agency On Aging
A Department of Human Services
4 1551 H. 17th Ave. P.O.Box 1805
� ,�, Greeley,Colorado 80632
on ing = f970)353 311 A FAx(970 ISO ''
MEMO
To: Barbara J. Kirkmeyer, Chair 4r
Weld County Board of Commissioners I
From: Walter J. Speckman, Executive Director, Human Services \N
Subject: Extension to Older Worker Grant
Date: April 22, 1996
Enclosed for Board approval is a request to the Governor's Job Training Office for
an extension to our Older Worker Program. The extension request is for Contract#
WA-521 for Program year 1995-1996. The extension is from July 1, 1996 through
September 30, 1996.
Questions may be directed to Linda E. Piper, Director, Weld County Area Agency
on Aging, Ext. 3320.
960737
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