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Home My WebLink About970349.tiffRESOLUTION RE: APPROVE AMENDMENT #103 TO OLDER WORKERS GRANT BETWEEN DEPARTMENT OF HUMAN SERVICES AREA AGENCY ON AGING AND THE GOVERNOR'S JOB TRAINING OFFICE 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 #103 to Older Workers Grant between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services Area Agency on Aging and the Governor's Job Training Office, commencing September 15, 1996, and ending June 15, 1997, 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 Amendment #103 to Older Workers Grant between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services 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 26th day of February, A.D., 1997, nunc pro tunc September 15, 1996. ATT Weld! County Clerk to t BY. Deputy Clerk to t APPROVED AS TO F M: Cr County Atto ney BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COL QRADO eorget.Baxter, Chair Gaza Constance L. Harbert, ro-Tem FXCIISPf r)ATF C)F SIfNINr, (AYF} Dale K. Hall FXCI ISFP f)ATF OF SIr,NINC, Barbar J. Kirkmeyer l, 1j1 ,2)-1le W. H. Webster (AYF). 970349 CC ' Na; ST H R0068 AMENDMENT #103 THIS AMENDMENT, made this _ day of 19_, effective , 1997 by and between the State of Colorado for the use and benefit of the Governor's 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 has a need for $6,259.37, of PY94 Title II -A, Older Worker funds; and WHEREAS, the Governor's Job Training Office has $6,259.37 of PY94 Title II -A funds that is available to add to Contract # WA521 ; and WHEREAS, the Contractor agrees to spend these funds prior to June 15, 1997. NOW THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties enter into the following agreement: It is expressly agreed by the parties that this Amendment is supplemental to the Original Contract # WA521 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. II. Consideration for the Amendment to the Original Contract # WA521 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 # WA521 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: H:\USERS\SPU\HIRSHAE\05WAAMOD. 103 970349 A. With the $6259.37 of PY94 Title II -A, 5% Older Worker funds added to this contract the Contractor will: 1. Enroll two additional participant for a contract total of 50; 2. Place one more participant for a contract total of 36; 3. Purchase videos that promote the older worker. The videos will be made available to older workers in the new resource center located in the Weld County Human Services Learning Lab. 4. Coordinate with staff from the Weld County Human Services Learning Lab to have at least one workshop catering to the needs of the older worker. 5. Coordinate with the Weld County Human Services Learning Lab to implement a marketing program that will inform employers of the use of part-time employees, primarily utilizing the talents and skills of the older worker. B. Delete Section II.A.3 of the Original Contract and all subsequent amendments and add the following: Funding and Budget: The Contractor shall receive $34,800 from Program Year 1995, Title II -A JTPA Older Worker Funds and $10,000 from Program Year 1995 Title III Economic Dislocation and Worker Adjustment Assistance Act (EDWAA) funds, and $31,259.37 from Program Year 1994 Older Worker Funds, for a total of $76,059.37 for the two year period of time. C. Add to Section II.A.4. the following: The $6,259.37 of PY94 Title II -A Older Worker funds added to the Original Contract will be used for: ADMINISTRATION A total of $625.44 will be used for Administration. DIRECT TRAINING A total of $5,633.93 will be used for Direct Training. D. The only changes to the Scope of Services detailed in Section II.A.5. of the Original Contract are those listed above in Section A of this amendment. H:\USERS\SPU\MIRSHAB\05WAAMOD.103 2 of 6 970349 E. Delete Section A.6.a. and replace with: A.6.a. Title II -A, 5%, Older Worker Projected Quarterly Service/Expenditure Form for the 5th through the 8th quarters of the contract. EXPENDITURES 5TH Quarter Projections 7/1/96 to 9/30/96 6th Quarter Projections 10/1/96 to 12/31/96 7th Quarter Projections 1/1/97 to 3/31/97 8th Quarter Projections 4/1/97 to 6/30/97 Administration 4,105.00 4,730.00 5,355.00 6,605.44 Training 26,663.00 30,647.00 34,660.00 - 44,307.93 Training Related Support Services 10,311.00 11,923.00 13,534.00 15,146.00 TOTAL 41,049.00 47,300.00 53,549.00 66,059.37 Participants Number of Enrollments Carrying in from other Contracts with the same Agency & Funding Title 0 0 0 0 Number of New Enrollments 33 38 43 50 F. Delete A.9.a. and replace with: A.9.a. Revised Planned Outcomes for the Title II -A Older Worker Program for the 5th through the 8th quarters of the contract. OLDER WORKER PROGRAMS PROJECTIONS BY QUARTER TOTAL 5th 6th 7th 8th Enter Unsubsidized Employment 22 26 30 36 36 Complete Training In: Basic Education Occupational Skills Attain a GED 3 4 5 5 5 10 13 17 24 24 - - 1 - 1 G. Delete Attachment 4, PY94 Budget Information Summary for Discretionary Funds, and replace with Attachment 4 (a), the revised BIS which adds an additional $6,259.37 to the Contract. 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 provisionthAmendment 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\SPU\MSASHAA\OSNAAMOD.103 3 of 6 970349 SPECIAL PROVISIONS CONTROLLER'S APPROVAL L 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 contact, 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 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 H:\USERS\SPU\HZRSHA9\OSWAAMOD.103 4 of 6 970349 Attachment 4 (a) BUDGET INFORMATION SUMMARY (BIS) MODIFICATION (Title II -A, 5%, Older Worker) SDA/Contractor: Weld County Area Agency on Aging Title of Funds: II -A. 5% OW Project: Older Worker Original Period of Performance: From: 9-15-96 To: 5-30-97 Revised Period of Performance: From: 9-15-96 To: 6-15-97 Date Processed Year of Funds: PY94 Title Code: O5Waa Contract #: WA521 VAX : 4250 MOD # 103 Change in Number of Persons to be Served [+ - (-)] (+2 Enrolled and +1 placed.) LINE ITEM CODES (FCS 123) LINE ITEM DESCRIPTION CURRENT BUDGET CHANGES + - (-) REVISED TOTAL 4AN01 ADMIN 2500 +625.44 3125.44 4TN01 DIR TRG 16054 +5,633.93 21687.93 4PN01 TR/SUPP 6446 0 6446 TOTAL ///////////// 25000 6259.37 31259.37 NOTES: BIS Modifications must reflect all line items of prior approved BIS or Modified BIS. The Date Proceeded line will be completed by GJTO's Financial Management Unit. H:\USERS\SPU\MIRSHAB\OSNAAMOD.103 970349 (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 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) tvougb (h) in every subcontract and subcontractor purchase order Sees exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Oppuamity 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 subcontracting 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 es 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 pn,fwwx 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. My 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. M 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 184-301, 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 Contract on the day first above written. Contractor Weld County Area Agency on Aging (Full Le:.. amc) WE D E E. BAXTER POSITION (Title) CHAIR 84-6000EU3 saw If Corporation:) Attest (Seal)/? By ATTORNEY GENERAL By ale A. Attnrn-'% 9nere! ONERS STATE OF COLORADO ROY ROMEjt. GOVERNOR % •3 fDaECfOR Deputy Clerk to Board Form 6 -AC -02C Revised 1/93 395-53-01-1030 By Vickey Ricketts DEPARTMENT OF Governors Job TainineOfce APPROVALS CONTROLLER By tit"rilrli.,"`A '':v 3OLLER C. Richar ennington Assist Attorney Genera`see instructions on reverse side. \ State Services Section H:tUSERS\SPDIHIRSHAB\D5RAAYDD.103 5 of 6 Wilk COLORADO 6t;t: mEmORAIMU George E. Baxter, Chairman Weld County Board of Commissioners, February 24, 1997 To Date From Older Worker Contract Modification Subject: Walter J. Speckman, Executive Director Human Services Enclosed for Board approval is a contract modification to the Governor's Job Training Office. The modification is for $6,259.37 to provide employment counseling, training, job development, and job placement for low income older adults 55 years of age and older. We will also purchase videos and schedule at least one workshop that promotes the older worker. This program is administered by the Weld County Area Agency on Aging with support from Weld County Employment Services. Job Training Partnership Act funds have been available to Weld County for this program since 1986. Questions may be directed to Linda Piper, Director Weld County Area Agency on Aging, extension 3320. 970349 �l%.o©bb' Hello