HomeMy WebLinkAbout991451.tiff RESOLUTION
RE: APPROVE MASTER CONTRACT FOR JOB TRAINING PARTNERSHIP ACT AND
AUTHORIZE: CHAIR TO SIGN - COLORADO DEPARTMENT OF LABOR AND
EMPLOYMENT
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 Master Contract for the Job Training
Partnership Act 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, and
the Colorado Department of Labor and Employment, commencing July 1, 1999, and ending
June 30, 2000, 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 Master Contract for the Job Training Partnership Act 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, and the Colorado Department of
Labor and Employment be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 14th day of June, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
D COUNT 1?OR DO
ATTEST: Lirti2/ /I`�;�n!-:• 'f�I` c
Da a K. Hall, Chair
Weld County Clerk tot >@1d- fTh-Th 4519
C
1r q S =arbar J. Kirkmey- , Pro-Te /
BY: ;J,rf1.,_ - `y.� j
Deputy Clerk to the Bo w• j` f C
George . axer
ROV S TO FORM:
. J. Geile
unty AttorneyiX ut Lt4l,
Glenn Vaa
991451
e( ilf, HR0070
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
This MASTER CONTRACT
is made this 30th day of June , 1999, by and between:
THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY
915 10th Street
Greeley, CO 80631-1123
(Contractor)
and
THE STATE OF COLORADO,
acting by and through the,
DEPARTMENT OF LABOR AND EMPLOYMENT
1515 Arapahoe Street,Tower 2,Suite 400
Denver, Colorado 80202-2117
(State)
WHEREAS, authority exists in the law and funds have been budgeted, appropriated, and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment in Fund Number
100, Appropriation Number 201 (Organizational Unit Number 4111, Program Number 1100, , Function
Number 7500, and Grant Budget Line Number various) under Contract Encumbrance Number 00-0022;
and,
WHEREAS, authority exists in the Job Training Partnership Act(JTPA) of 1982, also known as Public
Law 97-300, as amended, and in the Economic Dislocation and Worker Adjustment Assistance Act
(EDWAA);
WHEREAS, the Governor has received a grant of federal funds under the JTPA and EDWAA;
WHEREAS, it is one of the purposes of the JTPA to establish programs to prepare youth and adults who
face serious barriers to employment for participation in the labor force by providing job training and other
services that will result in increased employment and earnings, increased educational and occupational
skills, and decreased welfare dependency, thereby improving the quality of the work force and enhancing
the productivity and competitiveness of the Nation;
WHEREAS, in accordance with Section 104(a) and 313(a) of the JTPA, those funds appropriated under
Titles II and III of the JTPA are provided pursuant to an approved Job Training Plan (JTP) and Substate
Plan (SSP) respectively;
WHEREAS, Section 101(a)(1) of the JTPA requires the designation of Service Delivery Areas (SDA)by
Page 1 of 31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
the Governor, each of which will promote effective delivery of job training services;
WHEREAS, Executive Order D001083, dated March 17, 1983, designates this SDA in accordance with
the JTPA;
WHEREAS, contract authority for Weld County resides in the Board of County Commissioners of
Weld County;
WHEREAS, the Contractor has selected the entity which will receive and administer funds from the state
in accordance with Section 104(b)(1) of the JTPA; and
WHEREAS, all required approvals, clearances and coordination have been accomplished from and with
all appropriate agencies.
NOW THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties enter into
the following agreement:
A. EFFECTIVE DATE AND TERM. The effective date of this Contract is July 1, 1999 . The
initial term of this Contract shall commence on July 1, 1999 and end on June 30,2000.
B. DEFINITIONS. A list of definitions applicable to this Contract is attached hereto as
"Attachment I" and by this reference is incorporated herein.
C. STATEMENT OF WORK. The Contractor agrees to perform. in a professional and
workmanlike manner, the obligations and responsibilities set forth in the "Allowable Programs"
section of this Contract.
1. ALLOWABLE PROGRAMS.
A. The Contractor and its administrative entity have prepared a two-year IIA/IIC
JTP and a II-B JTP, in accordance with Section 104 of the JTPA, and an
EDWAA SSP in accordance with Section 313 of the JTPA. The 99-00 Plans, by
this reference, are hereby incorporated and made part of this Contract as if fully
set forth herein.
B. The State shall provide Program Year 99-00 (PY99) funds to the SDA for
activities pursuant to the approved 99-00 Plans referenced above.
C. In addition to the funds provided for the basic grant activities identified in the
approved 99-00 Plans,the State may provide additional PY99 funds to the
Contractor for the following activities:
Page 2of31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
(1) Training programs for older individuals (those individuals 55 years or
older), Section 204(d) of the JTPA, as amended;
(2) Incentive grants for superior performance; training and technical
assistance for staff and for serving hard to serve individuals, Sections
106(b)(7), 202(c)(1)(B)and 262(c)(1)(B) of the JTPA, as amended;
(3) As specified by the EDWAA,training programs for dislocated workers,
Sections 301 and 302 of the.ITPA, as amended;
(4) Services for groups with special needs and exemplary models pursuant
to joint agreements;
(5) Amendments and modifications of allocated funds pursuant to Sections
109 and 303 of the JTPA, as amended; and,
(6) Other funds for employment and training-related programs.
2. MAXIMUM FUNDING.
A. The State shall provide the Contractor an amount not to exceed One Million,
Two Hundred Thirty-Seven Thousand,One Hundred Sixty-Four Dollars
($1,237,164.00)of all funds awarded to the State of Colorado for activities
identified in the "Allowable Programs" section of this Contract for the period of
July 1, 1999,through June 30,2000.
B. Funds authorized for expenditure by the Contractor shall be limited to authorized
funding received from the U.S. Department of Labor(U.S.D.O.L.) or other
sources. The authorization to spend funds may be provided to the State in
increments. Therefore, the State shall limit the amount requested by the
Contractor for each Expenditure Authorization commitment document (EA)to
the amount in the State's current Notice of Fund Availability.
3. EXPENDITURE AUTHORIZATION (EM PROCEDURES.
A. Prior to the expenditure of any funds identified in section C.2. of this Contract,
an EA and/or Plan(s) must be submitted to the State by the Contractor and
approved by the State.
B. An EA is a commitment document(See Exhibit D for model commitment
document) prepared by the Contractor which shall include the following:
(I) Type of funds identified in the"Allowable Programs" section of this
Page 3 of 31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
Contract, which the Contractor is requesting;
(2) Period of Performance;
(3) Program/Project Name;
(4) Scope of Work;
(5) Budget(s)and Narrative(s) submitted on a Budget Information Summary
(BIS)and forms provided by the State;'
(6) A signature page signed by: the Chair of the Private Industry Council
(PIC), the Local Elected Official (LEO), the SDA Director, the State's
Executive Director, and the State Controller or his designee if the total
amount of the EA is One Hundred Thousand Dollars ($100.000)or
more. The LEO may authorize the SDA Director and the PIC Chair to
sign for EAs of less than One Hundred Thousand Dollars ($100,000);
and,
(7) The Contractor must comply with its own internal signature process.
Should the internal signature process be more restrictive than this
provision, it will prevail.
C. All EA commitment documents are expressly made subject to approval by the
State and the State Controller or his designee.
D. The Contractor may include the above EA provisions in its subcontracts. Upon
approval by the State of the Contractor's EA policy and procedures for its
subcontractors, the State shall be deemed to be a third party beneficiary of such
provisions. The Contractor shall be obligated to the State for the enforcement of
such provisions.
4. MODIFICATION PROCEDURE FOR A BUDGET.
A. The Contractor may modify the EA and its budget in accordance with State
policies and procedures with the prior approval of both the PIC and the State.
B. All modifying EA commitment documents are expressly made subject to
approval by the State and the State Controller or his Designee.
A separate Budget and BIS are required for each type of funding requested and/or received by the
Contractor, such as, but not limited to, those programs identified in the"Allowable Programs" section of this
Contract.
Page 4 of 31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
C. If changes in labor market conditions, funding, or other factors require
substantial deviation from an approved JTP, then the PIC and the appropriate
LEO(s), as defined in section 103(c) of the JTPA, shall submit a modification of
such JTP, including modification of the budget,which shall be subject to review
in accordance with the JTPA, Sections 104(b)(13)(E), 104(c), and 105.
5. PROPERTY. To purchase property with JTPA funds, a Property Requisition and
Authorization Form (PRAF) must be submitted to, and processed by, the State.
6. DURATION. The JTPs shall remain in full force and effect for the entire Contract term
unless changes in labor market conditions, funding, or other factors require substantial
modifications as provided in Section 104(c)of JTPA, as amended.
7. ANNUAL REPORT. The Contractor shall submit an annual report by September 30 of
each year as required by Section I04(b)(13) of the JTPA, as amended. The report shall
include:
A. A description of the activities or services conducted by the Contractor during the
program year for Title II-A,II-C, Title III, and 5% Older Worker programs.
B. A list of client characteristics and the number of each class of client served.
C. A list of occupations in which training took place and the number of participants
in each occupation so trained.
D. A summary of the SDA's performance in meeting federal/state standards.
E. The status of coordination agreements and a description of any innovative
coordination taking place which would be of special interest to other SDAs, the
Workforce Coordinating Council, and the Governor;
F. An evaluation of service providers, including the ability to meet performance
goals, cost, quality of training, and characteristics of participants.
G. A summary of the Contractor's monitoring of subrecipient contracts. corrective
actions taken, if any, and the results of any such corrective actions.
H. Information on the extent to which the SDA has met the goals of the area for the
training and training-related placement of women in nontraditional employment
and apprenticeships.
I. A statistical breakdown of women trained and placed in nontraditional
occupations, including information regarding:
Page 5 of 31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
1. the type of training received, by occupation;
2. whether the participant was placed in ajob or apprenticeship, and, if so,
the occupation and wage of the participant at the time of placement;
3. the age of the participant;
4. the race of the participant; and,
5. retention of the participant in nontraditional employment.
8. EXHIBITS. The terms and conditions contained in the PY99 JTP are by this reference,
incorporated herein. Exhibits A, B, and D attached hereto, are incorporated and made a
part hereof. Exhibit C will be incorporated, and made a part of this contract, once the
plans are approved and fully executed. These exhibits are:
Exhibit A- PY99 JTP
Exhibit B - PY99 II-B SYETP
Exhibit C - PY99 EDWAA Substate Plan
Exhibit D - EA model commitment document
D. EOUAL EMPLOYMENT OPPORTUNITIES. As a condition to the award of financial
assistance under the JTPA from the U.S.D.O.L., the Contractor shall,with respect to the
operation of the JTPA-funded program or activity and all subordinate agreements or
arrangements to carry out the JTPA-funded program or activity, comply fully with the
nondiscrimination 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 requirements imposed by or pursuant
to regulations implementing those laws, including but not limited to 29 CFR part 34.
E. CERTIFICATION REGARDING LOBBYING. By signing this Contract, the undersigned
certifies, to the best of the undersigned's knowledge and belief, that:
1. No appropriated federal funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a member of Congress, an officer or employee of Congress, or
an employee of a member of Congress in connection with the awarding of any federal
contract, the making of any federal grant,the making of any federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any federal contract, grant, loan, or cooperative agreement.
Page 6 of 31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
2. If any funds other than appropriated federal funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member
of Congress in connection with a federal contract, grant, loan, or cooperative agreement,
then the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form
to Report Lobbying", in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all subawards* at all tiers (including subcontracts, subgrants, and
contractors under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
4. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Execution of this certification by
signature below is a condition precedent, imposed by Section 1352 of Title 31 of the U.S.
Code, to making or entering into this transaction Any person who fails to execute this
required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
*Note: "All" applies to covered contract/grant transactions over$100,000 (per OMB).
F. PAYMENT CONTINGENCY. The parties hereto expressly recognize that the Contractor is to
be paid, reimbursed or otherwise compensated with funds provided to the State by the
U.S.D.O.L. under the JTPA and/or the 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 the State's continued receipt of such
funds. If any part of the funds are not received by the State, for any reason, then the State may
unilaterally terminate this Contract, or, with the consent of the Contractor, modify the terms
hereof. Insofar as this contingency affects the Contractor, subrecipients or suppliers, for mutual
protection of the parties, the Contractor agrees to include this contingency in all its subcontracts.
TERMINATION. The performance of work under this Contract may be terminated, in whole or
in part, by the State in accordance with the following provisions of this clause:
1. The State may terminate this Contract when it has been determined that the Contractor
has failed to provide any or all of the services specified or, failed to comply with any
• federal requirements or provisions contained within this Contract. The State shall notify
the Contractor of such unsatisfactory performance in writing. The Contractor shall have
thirty (30) working days, unless otherwise specified in the notice, after receipt in which
to respond with a written plan acceptable to the State for the correction of noted defi-
ciencies. If the Contractor does not respond within the appointed time with appropriate
plans, then the State shall serve a termination notice on the Contractor.
Page 7of31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
2. The State 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 the effective date of this Contract, or debars the Contractor during the term of
this Contract, pursuant to 29 CFR 98 and 24-109-105 CRS.
3. The State may request a termination of this Contract for convenience, after giving a thirty
(30) calendar day advance notice in writing of the effective date of such termination.
The Contractor receiving notice shall be entitled to receive just and equitable
compensation for any allowable services satisfactorily performed hereunder through the
date of termination.
4. The State may request in writing, a termination of this Contract when both parties agree
that continuation of the services specified in the"Statement of Work" section of this
Contract would not produce beneficial results commensurate with the further expenditure
of funds.
5. After receipt of a notice of termination, the Contractor shall:
A. Stop work under this Contract on the date and to the extent specified in the notice
of termination.
B. Place no further orders or subcontracts for materials, services, or facilities,
except as may be necessary to complete that portion of the work already
substantially performed under this Contract.
C. Terminate all orders and subcontracts to the extent that they relate to the
performance of the work terminated by the notice of termination.
D. Assign to the State all of the right, title, and interest to any property, real or
personal, tangible or intangible, held by the Contractor for the benefit of the State
under this Contract. The State shall have the right, at its discretion, to settle or
pay any or all claims arising out of the termination of this Contract.
E. Settle all outstanding liabilities and claims arising out of the collateral
termination of orders and subcontracts in accordance with the provisions of this
Contract.
F. Transfer title of all Contract property, real or personal, tangible or intangible,to
the State (to the extent that title has not already been transferred) and deliver all
such property to the State in a manner and at a time specified by the State.
G. Take such action as may be necessary, or as may be directed, to protect and
preserve all property, real or personal, tangible or intangible, related to this
Page 8 of 31
Department or Agency No.: !CAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
Contract which is in the possession of the Contractor and in which the State has
or may acquire an interest.
6. After receipt of a notice of termination,the Contractor receiving such notice shall submit
to the State a completed and acceptable fiscal closeout package in the form and with the
certification prescribed by the State. This closeout package shall be submitted promptly,
but in no event later than two (2) months from the effective date of termination, unless
one or more extensions in writing are granted by the State.
7. The Contractor shall have the right to appeal any unilateral determination to terminate in
accordance with the applicable provisions of the JTPA. In any event, if the State has
made a determination of the amount due, then the State shall pay the Contractor the
following:
A. If there is no right of appeal hereunder or, if no timely appeal has been
submitted, then the amount determined by the State.
B. If there is a right of appeal, and a timely appeal has been filed, then the amount
finally determined on such appeal.
8. The State may, from time to time, under such terms and conditions as it may prescribe,
make partial payments on account against costs incurred by the Contractor in connection
with the terminated portion of this Contract whenever, in the opinion of the State, the
aggregate of such payment(s) shall be within the amount to which the Contractor would
otherwise be entitled to hereunder.
IL MANAGEMENT ACTIVITIES,AUDIT, AND RECORD MAINTENANCE.
RETENTION OF FISCAL RECORDS. In addition to any requirements imposed
elsewhere in this Contract, the Contractor shall retain accurate, current, separate, and
complete records which are sufficient and otherwise adequate to provide full disclosure
of the status of the funds received under this Contract. The Contractor, and its
subrecipient(s), if any, shall retain all such records for a minimum period of not less than
three (3) years after the close of the applicable program year in accordance with Policy
Guidance Letter(PGL)#95-22-ADS. All such records shall be sufficient to allow the
U.S.D.O.L., independent firms conducting audits of JTPA funds, and the State to audit
and monitor the Contractor.
2. RETENTION OF APPLICANT, ELIGIBLE APPLICANT. PARTICIPANT
TERMINEE. EMPLOYEE AND APPLICANT FOR EMPLOYMENT RECORDS. In
accordance with PGL #95-22-AD5 and 29 CFR Part 34, the Contractor and its
subrecipient(s), if any, shall retain, for a minimum period of not less than three(3)years
from the close of the applicable program year, applicant, eligible applicant, participant,
Page 9 of 31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
terminee, employee and applicant for employment records.
3. PARTICIPANT RECORDS. Participant Records shall record any participant's
involvement in a JTPA program including, but not limited to, dates of entry, eligibility,
participation, and termination.
4. RETENTION OF COMPLAINT RECORDS. The Contractor, and its subrecipient(s), if
any, shall retain, for a minimum period of not less than three (3)years from the date of
resolution, all records regarding program complaints and all actions taken to resolve such
complaints.
5. AUTOMATIC EXTENSION OF RETENTION PERIOD. If pending litigation, an audit,
or a claim involving a grant or agreement covered by the records referred to above is
initiated prior to the end of the above-referenced retention periods, then such retention
periods automatically renew for an additional period of three(3)years or until such
litigation, audit, or claim is finally resolved.
6. COMPLIANCE WITH APPLICABLE AUDIT REQUIREMENTS. The Contractor shall
ensure that it, and its subrecipient(s), if any, comply with all provisions of the Single
Audit Act Amendments of 1996 (Public Law 104-156) , OMB Circular A-133, and
Colorado One-Stop System Policy Guidance Letter(PGL)#98-04-F6-1. If the
Contractor expends $300,000 or more of federal awards in the Contractor's fiscal year,
then the Contractor shall submit an audit report, made in accordance with the Single
Audit Act Amendments of 1996 (Public Law 104-156), OMB Circular A-133, and PGL
#98-04-F6-1, to the State within the earlier of thirty(30) calendar days after receipt of the
auditor's report or thirteen (13) months after the end of the period audited. For
Contractors whose fiscal years begin on or after July 1, 1998, audits shall be submitted to
the State within the earlier of thirty (30) calendar days after receipt of the auditor's report
or nine (9) months after the end of the period audited. The Contractor shall establish an
audit committee that engages an 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. The Contractor shall
also i:istitute policy and procedures for its lower tier subrecipients that comply with these
audit provisions.
7. RIGHTS OF INSPECTION. The State, the U.S.D.O.L., the Comptroller General of the
United States, the State's auditors and any of their authorized representatives shall, during
business hours, have access to audit, inspect, examine, excerpt, and copy books, records,
memoranda, correspondence, personnel staffing records, independent audit work papers
and any other documents, and shall be allowed to monitor and review through on-site
visits., all program activities, personnel staff, services and programmatic and
administrative practices, supported with funds under this Contract to ensure compliance
with the terms of this Contract, and provisions of any subcontracts funded in whole or in
Page 10 of 31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
part through this Contract. The right to access lasts beyond the prescribed period of
record retention, and as long as records are available in accordance with 20 CFR
627.460(e).
8. REVIEW OF FINDINGS. The Contractor shall review the findings of the State or its
representatives and shall act promptly, as directed by the State, to remedy deficiencies
noted in such findings. If corrective action is not taken and such deficiencies persist, the
State may terminate this Contract.
If corrective action requires the Contractor to repay any JTPA funds expended for
unallowable purposes, then "stand-in costs" may be substituted for disallowed costs
where such "stand-in costs" were: incurred during the same program year, paid for with
non-federal funds; and, allowable under the same JTPA program Title and cost category
as the amounts disallowed. The availability or use of"stand-in costs" must be reported
to the State.
9. CONDUCT OF FINANCIAL ACCOUNTING. If the State determines that the record
keeping system of the Contractor does not comply with federal guidelines,then the State
may conduct a financial accounting of the Contractor's records, either through its staff,
an accounting firm, or a bank approved by the State. All costs incurred by the State in
conducting a financial accounting of the Contractor's records shall be deducted on a
monthly basis from other funds allocated to the Contractor.
SUBCONTRkCTING. The Contractor shall not subcontract the performance of any part of its
duties which relate to the administration of funds under this Contract except in accordance with
the terms of this Contract or with the prior written consent of the State approving the
subcontractor.
J. PROPERTY MANAGEMENT. With regard to property management,the Contractor shall
comply with the State's property management procedures and all relevant JTPA letters and PGLs.
The Contractor ensures that it will maintain proper inventory control over all nonexpendable
supplies and property purchased with JTPA funds.
K. CHANGES IN STATEMENT OF WORK.
1. MODIFICATION BY OPERATION OF LAW. This Contract is subject to such
modification as may be required by changes in federal or state law or regulations. Any
such required modification shall be incorporated into and be part of this Contract as if
fully set forth herein.
2. PROGRAMMATIC MODIFICATIONS. The Contractor shall follow the revision
procedures set forth by the State.
Page 1 I of 31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
A. The Contractor must submit a written request to the State and obtain prior written
approval for changes to the Statement of Work, the objective of the Contract, or
dollar amount changes.
B. 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:
1. When an increase or decrease of the Contract total is desired; and,
2. When the Statement of Work or the objective of the Contract changes
substantially, as determined by the State. Under such circumstances, the
State's approval is not binding until the Contract amendment is executed.
L. 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.
M. OTHER ASSURANCES.
1. COMPLIANCE WITH FEDERAL LAW. The Contractor assures that it will fully
comp y with the JTPA, all regulations promulgated thereunder, and all other applicable
federal and state laws, rules and regulations.
2. COMPLIANCE WITH STATE LAW. The Contractor assures that in operating
programs funded under the JTPA, it shall comply with all State directives, such as JTPA
letters and PGLs.
3. SAFEGUARD AGAINST FRAUD. The Contractor assures that it will administer its
JTPA programs in full compliance with all safeguards against fraud and abuse as set
forth in the JTPA and its implementing regulations.
4. ADHERENCE TO GRIEVANCE PROCEDURE. The Contractor shall abide by the
provisions of Section 144 of the JTPA,which section concerns grievance procedures.
Further, the Contractor shall follow all applicable federal regulations governing the
resolution of all grievances and complaints, including those grievances and complaints
based on discrimination. Finally, the Contractor shall follow all pertinent Governor's
policy issuances concerning grievance procedures.
5. PROHIBITION ON USE OF FUNDS. No funds provided under this Contract shall be
used, or proposed for use:
A. To encourage or induce the relocation of a business establishment, or part
Page 12 of 31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
thereof, that results in a loss of employment for any employee of such
establishment at the original location.
B. For customized training, skill training, on-the-job training, or company specific
assessments of job applicants or employees, for any business establishment, or
any part thereof, that has relocated, until one hundred twenty(120) calendar days
after the date on which such establishment commences operations at:the new
location, if the relocation of such business establishment, or any part thereof,
results in the loss of employment for any employee of such establishment at the
original location, JTPA, Section 141(c).
C. For employment generating activities, economic development activities,
investment in revolving loan funds, capitalization of businesses, investment in
contract bidding resource centers, and similar activities.
D. For foreign travel, if the Contractor receives funds under either Title II or III of
the JTPA, Section 141(q).
6. COMPLIANCE WITH SPECIFIC FEDERAL ACTS. The Contractor assures and
certifies that in administering programs under the JTPA:
A. It will comply with all applicable provisions of the Uniform Relocation
Assistance and Real Property Acquisition Act of 1970, (URARPAA), Public
Law 91-646, which requires the fair and equitable treatment of persons displaced
as a result of federal and federally-assisted programs.
B. It will comply with all applicable provisions of the Hatch Act, which limits the
political activities of certain state and local government employees.
C. For all grants, subgrants, contracts, 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 proposed for
use by the Contractor 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 [CJ) and is listed by the Environmental Protection Agency (EPA)or
is not otherwise exempt, the Contractor assures that:
(1) No facility to be utilized in the performance of this Contract has been
listed on the EPA list of Violating Facilities;
(2) It will notify the Regional Administrator, prior to any award, of the
receipt of any communication from the Directors, Office of Federal
Page 13 of 31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
Activities, U.S. EPA, indicating that a facility to be utilized for this
Contract is under consideration to be listed on the EPA list of Violating
Facilities; and
(3) It will include this assurance, including this third part, in every non-
exempt subgrant, contract or subcontract.
D. It will comply with all applicable labor standards as set forth in Section 143 of
the JTPA (20 CFR 627.603 and 627.604).
E. All grievances concerning the conduct of the Contractor shall follow the
grievance procedures set forth in 20 CFR 627.500 et seq..
F. It will comply with all applicable Child Labor laws.
G. It will comply with all applicable safety standards of the Occupational Safety and
Health Act(OSHA).
H. It will comply with all applicable provisions of the Davis Bacon Act.
I. It will comply with all applicable provisions of the Wagner-Peyser Act.
J. [t will comply with all applicable provisions of Part C of Title IV of the Social
Security Act.
K. It will comply with all applicable provisions of the Military Selective Services
Act.
L. It will comply with all applicable provisions of Section 665, Title 18, United
States Code.
M. It will comply with all applicable provisions of the Fair Labor Standards Act of
1938.
N. It will comply with Section 18-8-301, C.R.S., as amended (Bribery and Corrupt
Influence).
O. It will comply with Section 18-8-401 through 408, C.R.S., as amended, (Abuse
of Public Office).
P. It will comply with all applicable provisions of PGL #93-02-ADI and PGL #93-
1 1-AD 1, Procurement Policy.
Page 14 of 31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
7. MAINTENANCE OF JTPA FUNDS IN APPROPRIATE FINANCIAL
INSTITUTIONS. The Contractor, and its subcontractor(s), if any, shall maintain all
JTPA funds in cash depositories which have Federal Deposit Insurance Corporation
(FDIC) insurance coverage. If the Contractor's account balance exceeds the FDIC
maximum coverage on deposits at any one financial institution,then all JTPA funds in
excess of that insurance coverage shall be collaterally secured on a daily basis at other
FDIC financial institutions.
8. MAINTENANCE OF INTEGRITY IN THE EXPENDITURE OF PUBLIC FUNDS.
The Contractor shall take every reasonable course of action to maintain the integrity of
the expenditure of public funds and to avoid any favoritism, conflict of interest, or other
questionable or improper conduct. The Contractor shall administer this Contract in an
impartial manner, free from personal, financial, political, or other questionable or
improper gain or motive. In administering this Contract, the Contractor, its executive
staff, and employees, shall avoid situations which give rise to a suggestion that any
decision of the Contractor was influenced by prejudice, bias, special interest, or personal
gain.
9. CERTIFICATIONS'. The Contractor certifies that it and its principals:
A. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency.
B. Have not, within a three-year period preceding the effective date of this Contract,
been convicted of or had a civil judgement rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or
contract under a public transaction; violation of federal or state antitrust statutes
or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property.
C. Are not presently indicted for, or otherwise criminally or civilly charged by a
government entity (federal, state or local), with commission of any offenses
enumerated in this Contract.
D. Have not within a three-year period preceding the effective date of this Contact,
had one or more public transactions(federal, state, or local)terminated for cause
or default.
2 If the Contractor is unable to certify to any of the statements in this section of the Contract,then
the Contractor shall attach an explanation to this Contract explaining why the Contractor cannot provide a given
certification.
Page 15 of 31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
E. Pursuant to the Drug Free Work Place of 1988,29 CFR Part 98, Subpart F, shall
provide a drug-free workplace. The Contractor further agrees to complete the
required "Certification of Compliance with the Requirements of the Federal
Drug-Free Workplace Act of 1988", incorporated herein by reference, and
attached hereto, as "Attachment 2". A completed and signed original
Certification shall be provided to the State by the Contractor.
F. Shall comply with 29 CFR Part 93, and JTPA Letter#90-12, relative to Lobbying
Certification.
G. Tobacco Free Certification. Public Law 103-227, the Pro-Children Act of 1994,
requires that smoking not be permitted in any portion of any indoor facility
owned or leased or contracted for by any entity and used routinely or regularly
for the provision of health, day care, education, or library services to children
under the age of 18, if the services are funded by Federal programs either
directly or through State or local governments, by Federal grant, contract, loan,
or loan guarantee. The law does not apply to children's services provided by
private residences, facilities funded solely by Medicare or Medicaid funds, and
portions of facilities used for inpatient drug or alcohol treatment. By submitting
and signing the application and this contract, the contractor certifies that it will
comply with the requirements of the. Act. The contractor further agrees that it
will require the language of this certification to be included in any subawards
which contain provisions for children's services and that all subgrantees shall
certify and perform accordingly.
10. PATENT, COPYRIGHT, AND TRADEMARK LAW. The Contractor, its
subcontractors, the State, the SDAs,the sub-state grantees (SSG) and their subgrantees,
contractors and other subrecipients are expressly prohibited from the exclusivity of
protection of federal and state patent, copyright, and trademark law on material that has
been developed with the use of federal or state funds. All such material is considered by
the State to be in the public domain.
N. ADDITIONAL PROVISIONS.
1. LEGAL AUTHORITY. The parties warrant that each possesses actual, legal authority to
enter into this Contract. The parties further warrant that each has taken all actions
required by its applicable law, procedures, rules, or by-laws to exercise that authority,
and to lawfully authorize its undersigned signatory to execute this Contract and bind that
party to its terms. The person or persons signing this Contract, or any attachments or
amendments hereto, also warrant(s)that such person(s) possesses actual, legal authority
to execute this Contract, and any attachments or amendments hereto, on behalf of that
party.
Page 16 of 31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
2. RELATIONSHIP OF PARTIES. THE CONTRACTOR SHALL PERFORM ITS
DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS
AN EMPLOYEE OF THE STATE. NEITHER THE CONTRACTOR NOR ANY
EMPLOYEE OR AGENT OF THE CONTRACTOR SHALL BE, OR SHALL BE
DEEMED TO BE.AN EMPLOYEE OR AGENT OF THE STATE. THE
CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT
TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID
PURSUANT TO THIS CONTRACT. THE CONTRACTOR ACKNOWLEDGES
THAT'THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO
UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR
A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE
DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. THE
CONTRACTOR SHALL HAVE NO AUTHORIZATION, EITHER EXPRESS OR
IMPLIED,TO BIND THE STATE TO ANY AGREEMENTS.LIABILITY, OR
UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. THE
CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS'
COMPENSATION INSURANCE COVERAGE (AND SHOW PROOF OF SUCH
INSURANCE COVERAGE)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.
3. CONFLICT OF INTEREST. The Contractor, and its subcontractors, if any, shall
maintain a written code of conduct governing the performance of persons engaged in the
award and administration of JTPA contracts and subgrants, 20 CFR 627.420(c) and PGL
#96-07-L5.
4. INSURANCE.
A.The Contractor shall obtain, and maintain at all times during the term of this
agreement, insurance in the following kinds and amounts:
1) Standard Worker's Compensation and Employer Liability as required by State
statute, including occupational disease, covering all employees on or off the
work site, acting within the course and scope of their employment.
2) General, Personal Injury, and Automobile Liability (including bodily injury,
personal injury, and property damage) minimum coverage:
a) Combined single limit of$600,000 if written on an occurrence basis.
b) Any aggregate limit will not be less than $1,000,000.
Page 17 of 31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
c) Combined single limit of$600,000 for policies written on a claims-made
basis. The policy shall include an endorsement, certificate, or other evidence
that coverage extends two years beyond the performance period of the
contract.
d) If any aggregate limits are reduced below$600,000 because of claims made
or paid during the required policy period, the contractor shall immediately
obtain additional insurance to restore the full aggregate limit and furnish a
certificate or other document showing compliance with this provision.
B. The State of Colorado shall be named as additional insured on all liability policies.
C. The insurance shall include provisions preventing cancellation without 60 days prior
notice to the State by certified mail.
D. The Contractor shall provide certificates showing adequate insurance coverage to the
State within 7 working days of award or contract execution, unless otherwise
provided.
E. If the contractor is a "public entity" within the meaning of the Colorado
Governmental Immunity Act, CRS 24-10-101, et seq., as amended ("Act"), the
contractor shall at all times during the term of this contract maintain such liability
insurance, by commercial policy or self-insurance, as is necessary to meet its
liabilities under the Act. Upon request by the State, the contractor shall show proof of
such insurance.
5. CONFIDENTIALITY OF RECORDS.
A. In the event that the Contractor obtains access to any records, files, or information of
the State in connection with, or during the performance of, this Contract, the
Contractor shall keep all such records, files, or information confidential and shall
comply with all laws and regulations concerning the confidentiality of such records,
files, or information to the same extent as such laws and regulations apply to the
State.
B. If this Contract is subject to the Colorado Employment Security Act, Articles 70 to
82 of Title 8, C.R.S., (CESA), then the Contractor is designated an agent of the State,
but only for the purposes of the confidentiality requirements of the CESA. As such,
the Contractor agrees to be bound by all confidentiality requirements of the CESA.
C. The Contractor agrees to notify and advise all of its employees, agents, consultants,
licensees, or sub-contractors in writing of the above requirements and of the possible
penalties and fines that may be imposed for any violation thereof.
Page 18 of 31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
D. Any breach of confidentiality by the Contractor, or third party agents of the
Contractor, shall constitute good cause for the State to cancel this Contract, without
liability to the State.
E. Any State waiver of an alleged breach of confidentiality by the Contractor, or third
party agents of the Contractor, does not constitute a waiver of any subsequent breach
by the Contractor, or third party agents of the Contractor.
6. OWNERSHIP OF MATERIALS, INFORMATION, DATA, COMPUTER SOFTWARE
DOCUMENTATION, STUDIES. AND EVALUATIONS. Unless otherwise provided
for in this Contract, the parties agree that all material, information, data,computer
software, studies, evaluations, reports, photographs, negatives, or any other documents,
drawings, or medium produced or prepared by the Contractor in the performance of this
Contract are the sole property of the State. All such items shall be delivered to the State
by the Contractor upon completion, termination, or cancellation of this Contract. The
Contractor shall not use, willingly allow another to use, or cause such items to be used
for any purpose other than for the performance of the Contractor's duties and obligations
under this Contract without the prior, express, written consent of the State.
7. PATENT RIGHTS. If any invention, improvement, or discovery of the Contractor, or
any of its third party contractors, is conceived or first actually reduced to practice during
the term or course of this Contract, and if such is patentable, then the Contractor shall
immediately notify the State in writing of such invention, improvement, or discovery and
provide the State with a complete written report on that invention, improvement, or
discovery. The rights and responsibilities of the Contractor, third party contractors of the
Contractor, and the State with respect to such invention, improvement, or discovery shall
be determined in accordance with all applicable federal laws, regulations, policies or
waivers thereof. The Contractor shall include the requirements of this paragraph in its
third party contracts, if any, for the performance of work under this Contract.
8. RIGHTS IN DATA AND COPYRIGHT.
A. Except for its own internal use, the Contractor shall not publish or reproduce any
data or other information, however contained, in whole or in part, which is recorded
in any form or medium whatsoever and which is delivered or specified to be
delivered under this Contract. Nor may the Contractor authorize or permit others to
do so, without the prior, express, written consent of the federal government,through
the State, until such time as the federal government may have released such data or
other information to the public.
B. As authorized by 29 C.F.R. 97.34,the federal government, through the State,
reserves a royalty free, non-exclusive, and irrevocable license to reproduce, publish,
or otherwise use, and to authorize the State or others to reproduce, publish, or
Page 19 of 31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
otherwise use: 1. any work developed under this Contract, or a resulting third party
contract, irrespective of whether that work is already copyrighted; and, 2. any rights
of copyright to which the Contractor, subrecipient, or third party contractor
purchases ownership with federal assistance.
C. The State shall have unlimited right to any data first produced or delivered under this
Contract. The Contractor shall comply with the copyright requirements of 29 CFR
97.34. The Contractor shall give notice of these rights in data and copyright
requirements in all its subrecipient and vendor agreements in accordance with 20
CFR 627.420(h)(4).
9. REMEDIES OTHER THAN TERMINATION FOR DEFAULT. In addition to any other
remedies provided for in this Contract, or by law,the State may exercise the following
remedial actions if the Contractor substantially fails to satisfy or perform its duties or
obligations under this Contract. "Substantial failure to satisfy or perform" is defined to
mean: unsatisfactory, insufficient, incorrect, or improper actions or inactions by the
Contractor in performing its duties and obligations under this Contract. The additional
remedial actions include, but are not limited to:
A. Suspension of further performance by the Contractor pending completion of
necessary corrective action(s) by the Contractor as specified by the State.
B. Withholding of further payments to the Contractor until necessary services or
corrective actions are satisfactorily completed by the Contractor.
C. Deny payment for those services or obligations of the Contractor which have not yet
been performed and which, due to circumstances caused by the Contractor, cannot be
performed, or if performed, would be of no value to the State. Denial of payment
must be reasonably related to the amount of services or performance lost to the State
because of the Contractor's actions.
D. Terminate this Contract as set forth in the Termination for Default paragraph of this
Contract but without further liability to the State, including, but not limited to,
liability for termination costs.
10. TERMINATION DUE TO THE LOSS OF FEDERAL FUNDING. The parties hereto
expressly recognize that the Contractor is to be paid, reimbursed, or otherwise
compensated. in whole or in part, from available federal funds. Therefore, the Contractor
expressly understands and agrees that all of its rights, demands, or claims to
compensation under this Contract are subject to, and contingent upon, the continuing
availability of those federal funds for the purposes hereof In the event that said funds, or
any part thereof, are, or become unavailable, as determined by the State. then the State
may immediately terminate or amend this Contract.
Page 20 of 31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
11. TERMINATION FOR CONVENIENCE.
A. The State may,when the interests of the State so require,terminate this Contract in
whole or in part, for the convenience of the State. The State shall give written notice
of the termination to the Contractor specifying the part(s) of the Contract terminated
and when termination becomes effective. This paragraph in no way implies that the
State has breached this Contract by the exercise of this paragraph.
B. The Contractor shall incur no further obligations in connection with the terminated
work and on the date set in the notice of termination the Contractor will stop work to
the extent specified. The Contractor shall also terminate outstanding orders and
subcontracts as they relate to the terminated work. The Contractor shall settle the
liabilities and claims arising out of the termination of subcontracts and orders
connected with the terminated work. The State may direct the Contractor to assign
the Contractor's right,title, and interest under terminated orders or subcontracts to the
State. The Contractor must still complete and deliver to the State the work not
terminated by the Notice of Termination and may incur obligations as are necessary
to do so.
C. The Contractor shall submit a termination claim specifying the amounts due because
of the termination for convenience together with all cost or pricing data related to
such claim. If the Contractor fails to file a termination claim within ninety(90)
caflendar days from the effective date of termination, then the State may pay the
Contractor, if at all, an amount set in accordance with subparagraph E. in this
paragraph.
D. The State and the Contractor may agree to a settlement provided the Contractor has
filed a timely termination claim supported by cost or pricing data and that the
settlement does not exceed the total Contract price plus settlement costs. reduced by
payments previously made by the State to the Contractor, the proceeds of any sales
of supplies and manufactured materials made under agreement, and the Contract
price of the work not terminated.
E. Absent complete agreement under subparagraph D. of this paragraph, the State shall
pay the Contractor the following amounts, provided payments agreed to under
subparagraph D. shall not duplicate payments under this subparagraph:
1. contract prices for supplies or services accepted under this Contract:
2. costs incurred in preparing to perform the terminated portion of the work plus a
fair and reasonable profit on such portion of the work (such profit shall not
include anticipatory profit or consequential damages) less amounts paid to or to
be paid for accepted supplies or services; provided, however,that if it appears
Page 21 of 31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
that the Contractor would have sustained a loss if the entire Contract would have
been completed, no profit shall be allowed or included and the amount of
compensation shall be reduced to reflect the anticipated rate of loss;
3. costs of settling and paying claims arising out of the termination of subcontracts
or orders pursuant to subparagraph B. of this paragraph. These costs must not
include costs paid in accordance with subparagraph D. of this paragraph;
4. the reasonable settlement costs of the Contractor including accounting, legal,
clerical, and other expenses reasonably necessary for the preparation of
settlement claims and supporting data with respect to the terminated portion of
this Contract and for the termination and settlement of subcontracts thereunder,
together with reasonable storage, transportation, and other costs incurred in
connection with the protection terminated part(s)of this Contract. The total sum
to be paid the Contractor under this subparagraph shall not exceed the total
Contract price reduced by the amount of payments otherwise made, the proceeds
of any sales of supplies and manufacturing materials under subparagraph B. of
this paragraph, and the Contract price of work not terminated.
5. all costs claimed or agreed to under this paragraph shall be in accordance with
applicable sections of the State of Colorado Procurement Code.
12. TERMINATION FOR DEFAULT(CAUSE).
A. If the Contractor refuses or fails to timely perform any of the provisions of this
Contract with such diligence as will ensure its completion within the time specified in
this Contract,the State shall notify the Contractor in writing of the non-performance,
and if not promptly corrected, the State may terminate the Contractor's right to
proceed with the Contract or such part of the Contract as to which there has been
delay or a failure to properly perform. The Contractor shall continue performance of
the Contract to the extent it is not terminated and shall be liable for excess costs
incurred in procuring similar goods or services elsewhere.
B. Notwithstanding termination of the Contract, and subject to any directions from the
State, the Contractor shall take timely, reasonable, and necessary action to protect
and preserve property in the possession of the Contractor in which the State has an
interest.
C. Payment for completed purchased services, work performed or supplies delivered
and accepted by the State shall be at the Contract price. The State may withhold
amounts due to the Contractor as the State deems to be necessary to protect the State
against loss because of outstanding liens or claims of former lien holders and to
reimburse the State for the excess costs incurred in procuring similar goods and
Page 22 of 31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
services.
D. The Contractor shall not be in default by reason of any failure in performance of this
Contract in accordance with its terms if such failure arises out of acts of God; acts of
the public enemy; acts of the State and any governmental entity in its sovereign or
contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other
labor disputes; freight embargoes; or unusually severe weather.
E. Upon request of the Contractor, the State shall ascertain the facts and extent of such
failure, and, if the State determines that any failure to perform was occasioned by any
one or more of the excusable causes, and that, but for the excusable cause, the
Contractor's progress and performance would have met the terms of this Contract,the
delivery schedule shall be revised accordingly, subject to the rights of the State.
F. If after notice of termination of the Contractor's right to proceed under the provisions
of this paragraph, it is determined for any reason that the Contractor was not in
default under the provisions of this paragraph, or that the delay was excusable,the
rights and obligations of the parties shall be the same as if the notice of termination
had been issued pursuant to the termination for convenience clause.
13. SEVERABILITY. To the extent that this Contract may be executed and performance of
the obligations of the parties may be accomplished within the intent of this Contract, the
terms of this Contract are severable. If any term or provision of this Contract is declared
invalid by a court of competent jurisdiction, or becomes inoperative for any other reason,
then such invalidity or failure shall not affect the validity of any other term or provision
of this Contract.
14. WAIVER. The waiver of a breach of a term or provision of this Contract shall not be
construed as a waiver of a breach of any other term or provision of this Contract or, as a
waiver of a breach of the same term or provision upon subsequent breach.
15. ASSIGNMENT. This Contract is in the nature of personal services. Therefore, the
rights, duties, and obligations of the Contractor cannot be assigned, delegated, or
otherwise transferred, except with the prior, express, written consent of the State.
16. CONTRACT BINDING ON SUCCESSORS. Except as otherwise provided for herein,
this Contract shall inure to the benefit of, and be binding upon, the parties hereto and
their respective successors and assigns.
17. REPRESENTATIVES. For the purposes of this Contract, the persons identified in
Paragraph 19 of this section are hereby designated as representatives of the respective
parties to this Contract. Either party may, from time to time, designate in writing new or
Page 23 of 31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
substitute representatives.
18. NOTICE OF PENDING LITIGATION. Unless otherwise provided for in this Contract,
the Contractor shall notify the State, within five(5)working days after being served with
a summons, complaint, or other pleading in a case which involves services provided
under this Contract and which has been filed in any federal or state court or
administrative agency. The Contractor shall immediately deliver copies of any such
documents to the State.
19. NOTICE PROCEDURE. All notices required or permitted under this Contract shall be
in writing and shall be deemed given when personally served or three (3) days after
deposiit in the United States Mail, certified mail, return receipt requested, and addressed
to the following parties or to such other addressee(s) as may be designated by a notice
complying with the foregoing requirements.
CONTRACTOR:
Dale K.Hall
Chair
The Board of County Commissioners of Weld County
915 10th Street
Greeley, CO 80631-1123
(970)-356-4000x4200
STATE:
Melvin Madden
Associate Director,Finance
Department of Labor and Employment
1515 Arapahoe Street,Tower 2,Suite 400
Denver,CO 80202-2117
(303) 620-4400
20. MODIFICATIONS AND AMENDMENTS. This Contract is subject to such
modifications as may be required by changes in applicable federal or state law, or federal
or state implementing rules, regulations, or procedures of that federal or state law. Any
such required modification shall be automatically incorporated into, and be made a part
of, this Contract as of the effective date of such change as if that change was fully set
forth herein. Except as provided above, no modification of this Contract shall be
effective unless such modification is agreed to in writing by both parties in an
amendment to this Contract that has been previously executed and approved in
accordance with applicable law.
Page 24 of 31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
21. ADHERENCE TO APPLICABLE LAWS. At all times during the term, performance, or
execution of this Contract,the Contractor shall comply with all applicable federal and
state laws, regulations, rules or procedures, as these provisions currently exist, or may
hereafter be amended, all of which are incorporated herein by reference and made a part
of the terms and conditions of this Contract.
22. HEALTH AND SAFETY COMPLIANCE. The Contractor and the State will adhere to
all applicable health, safety and environmental laws, rules and regulations, including, but
not limited to the rules and regulations of the Occupational Safety and Health
Administration ("OSHA")and the Environmental Protection Agency ("EPA"),
(collectively, "Safety Regulations"). Unless otherwise specified in this Contract, the
Contractor will not work in any area where a Hazardous Substance is present.
"Hazardous Substance" means a substance regulated by any Safety Regulation and
includes, but is not limited to, asbestos. The Contractor may work in an area containing
non-friable asbestos if the Contractor determines in its sole judgment that the work will
not disturb or cause the asbestos to become friable.
The Contractor may suspend work from the time it reasonably identifies areas where
Hazardous Substances may be present until the work area is in compliance with then-
constituted Safety Regulations. Any such suspension is not a default under this Contract,
and any delays from the suspension may result in a similar delay in work completion,
without penalty to the Contractor. If the parties cannot agree whether the Contractor's
work can be performed through completion without a violation of Safety Regulations, or
cannot agree to payment of added costs, if any, either party may terminate this Contract
without penalty. Such termination shall not affect the State's obligation to pay for
equipment, software and services provided by the Contractor prior to the effective date of
termination.
23. SURVIVAL OF CERTAIN CONTRACT PROVISIONS. Notwithstanding anything
herein to the contrary, the parties understand and agree that all terms and conditions of
this Contract, and the exhibits and attachments hereto, which may require continued
performance or compliance beyond the termination date of this Contract shall survive
such termination date and shall be enforceable as provided herein in the event of a failure
to perform or comply by a party to this Contract.
24. CAPTIONS, CONSTRUCTION. AND EFFECT. The captions and headings used in this
Contract are for identification only, and shall be disregarded in any construction of l:he
terms, provisions, and conditions of this Contract.
25. ENTIRE UNDERSTANDING. This Contract is the complete integration of all
understandings between the parties. No prior or contemporaneous addition. deletion, or
other amendment hereto shall have any force or effect whatsoever, unless embodied
herein in writing. No subsequent novation, renewal, addition, deletion, or other
Page 25 of 31
Department or Agency'No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
amendment hereto shall have any force or effect unless embodied in a written contract
executed and approved pursuant to the Fiscal Rules of the State of Colorado.
26. THIRD PARTY BENEFICIARIES. It is expressly understood and agreed to between the
parties that the enforcement of the terms and conditions of this Contract, and all rights of
action related to such enforcement, shall be strictly reserved to the State and the named
Contractor. Nothing contained in this Contract shall give or allow any claim or right of
action whatsoever to or by any third person. Nothing contained in this Contract shall be
construed as a waiver of any provision of the CGIA,section 24-10-101 et s•eq., C.R.S., as
amended. It is the express intent of the State and the named Contractor that any person
or entity, other than the State or the named Contractor, receiving services or benefits
under this Contract shall be deemed an incidental beneficiary only.
27. Notwithstanding any other provision herein, the terms of this Contract do not require the
expenditure of any Contractor funds. The Contractor is only required to expend funds
under this Contract to the extent federal funds are provided to the Contractor by the State.
O. 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.
FUND AVAILABILITY.
2. Financial obligations of the State payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
BOND REQUIREMENT.
3. If this Contract involves the payment of more than fifty thousand dollars for the
construction, erection, repair, maintenance, or improvement of any building, road, bridge,
viaduct, tunnel, excavation or other public 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-ha If 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
' These special provisions are reproduced from Appendix A of Rule 3-1 of the Fiscal Rules of the
State of Colorado,effective September 1, 1996. These special provisions are mandatory provisions of all payable
State Contracts.
Page 26 of 31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a. legal document. Legal counsel should be consulted before signing.
hire, sustenance, provisions, provendor or other supplies used or consumed by such contractor or
his subcontractor in performance of the work contracted to be done 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
3 8-26-106.
INDEMNIFICATION
4. To the extentlelYthorized by law, the contractor shall indemnify, save, and hold harmless
the State,its-cmployces 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. This clause does not constitute a waiver of any provision of the Colorado
Governmental Immunity Act.
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 and 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 advertising; 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,
Page 27 of 31
Department or Agency No.: KAA Contract Routing!vb.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
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 he 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, dated 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.
(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, dated 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.
dated 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
subcontract and subcontractor purchase order unless exempted by rules, regulations., or orders
issued pursuant to Executive Order, Equal Opportunity and Affirmative Action, dated 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
Page 28 of 31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
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 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 6 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.
Page 29 of 31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
11. Pursuant to CRS 24-30-202.4 (as amended), the state controller may withhold debts
owed to state agencies under the vendor offset intercept system for: (a) unpaid child support debt
or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified
in Article 22, Title 39, CRS; (c) unpaid loans due to the student loan division of the department of
higher education; (d) owed amounts required to be paid to the unemployment compensation fund;
and (e)other unpaid debts owing to the state or any agency thereof, the amount of which is found
to be owing as a result of final agency determination or reduced to judgment as certified by the
controller.
Page 30 of 31
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
CONTRACTOR: STATE:
BOARD OF COUNTY COMMISSIONERS OF STATE OF COLORADO
WELD COUNTY Bill Owens, Governor ,------,
By: ;.Xnllyl99 By: l /,(e(-c-r, -.9 .4,�� 4/IVY'
Dale K. Hall Date Vickie L. Armstrong ;Date
Chair Executive Director
Department of Labor and Employment
FEIN: 84-61)00813 *
Attes tiionn (S - l) �� E ko
/
By: -7.:1 :`-') r pD
Corporate Secretary o
APPROVALS:
DEPARTMENT OF LAW DEPARTMENT OF PERSONNEL
COLORADO ATTORNEY GENERAL OFFICE OF THE STATE CONTROLLER
Ken Salazar, Attorneyw Goo netl.;:, Arthur L. Barnhart, State Controller
Attorney General
)( ,�y —E-otartm
i
By: / 1 �'' ey Genera, g3.:'� f„ ',
state Serb Section - Melvin Madden Date
�� State Controller Designee
Page 31 of 31
Department or Agency No.: K4A Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
Attachment 2
CERTIFICATION OF COMPLIANCE
WITH THE REQUIREMENTS OF THE
FEDERAL DRUG-FREE WORKPLACE ACT OF 1988
In accordance with the Drug-Free Workplace Act of 1988, and its implementing regulations,29 C.F.R. 98, Subpart
F, I, , the undersigned, in representation of the Contractor, ATTEST and CERTIFY
that the Contractor will provide a drug-free workplace by:
1. Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensation,
possession, or use of a controlled substance is prohibited in the Contractor's workplace and specifying
those actions that will be taken against an employee who violates this prohibition.
2. Establishing an ongoing drug-free workplace awareness program to inform employees of:
A. The dangers of drug use in the workplace;
B. The Contractor's policy of maintaining a drug-free workplace;
C. The availability of drug counseling, rehabilitation, and employee assistance programs; and,
D. The penalties that may be imposed on an employee for drug abuse violations which occur in the
workplace.
3. Ensuring that each employee who shall perform work under this Contract on behalf of the Contractor is
given a copy of the statement required by paragraph I. above.
4. Notifying an employee in the statement required by paragraph I. above that, as a condition of employment
under this Contract, the employee shall:
A. Abide by the terms of the statement required by paragraph 1. above; and,
B. Within five (5) calendar days of conviction, notify the Contractor in writing if the employee is
convicted of violating a drug related criminal statute the commission of which violation occurred at
the Contractor's workplace.
5. Notifying the State in writing within ten (10)calendar days: after receipt of any notice given to the
Contractor by an employee of the Contractor pursuant to subparagraph B. of paragraph 4. above; or, after
the Contractor's receipt of actual notice of the conviction of an employee of the Contractor for a violation
ofa drug related criminal statute, which violation occurred at the Contractor's workplace. Such notice by
Page 1 of 2
Department or Agency No.: KAA Contract Routing No.: 00-0022
PY99 Master JTPA Contract for Weld County
This is a legal document. Legal counsel should be consulted before signing.
the Contractor to the State shall identify the employee and the position held by the employee at the time of
the conviction.
6. Taking appropriate personnel action, insofar as such personnel action is consistent with the Rehabilitation
Act of 1973, as amended, against an employee of the Contractor who has been convicted of the violation of
a drug related criminal statute, which violation occurred at the Contractor's workplace; or, require such
employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such
purposes by a federal, state, or local health, law enforcement, or other appropriate agency.
7. Making a good faith effort to continue to maintain a drug-free workplace through the implementation of
paragraphs 1. through 6. above.
8. Informing the State in writing if the Contractor changes any work location identified in the Contract where
the Contractor will perform any work under the Contract to another work location where the Contractor will
perform work under the Contract. Additionally, (check the following lines as appropriate):
There are workplaces of the Contractor which are not identified in the Contract
There are no workplaces of the Contractor which are not identified in the Contract
A list of additional workplaces is appended to this Attachment
A list of additional workplaces is not appended to this Attachment.
I declare, under penalty of perjury under the laws of the United States, and under the penalties set forth in the Drug-
Free Workplace Act of 1988, that this Certification is true and accurate, and that I have actual authority to sign this
Certification on behalf of the Contractor.
641/124
By:
Signature (06/
Dale K. Hall
Typed Name
Chair. Weld County Roard
Typed Title of Commissioners
Page 2 of 2
Exhibit D
Page 1 of 13
EXPENDITURE AUTHORIZATION (EM REOUEST/COMMITMENT DOCUMENT
Date of Submittal:
Service Delivery Area:
Address:
City/State/Zip:
Telephone:
Program/Project Coordinator: ,
I. TITLE, YEAR. AND AMOUNT OF FUNDS:
II. PERIOD:
III. PROGRAM/PROJECT NAME:
IV. SCOPE OF WORK:
V. BUDGET INFORMATION SUMMARY (BIS) AND NARRATIVE:
VI. SPECIAL CONDITIONS:
G-laPPROGICITOICA17710112PLTMISTERSDAIEWIRITDAC S/Rrvs
Exhibit D
Page 2 of 13
EXPENDITURE AUTHORIZATION
Signature Page
SERVICE DELIVERY AREA
Name:
Address: _
City/State/Zip:
PROGRAM/PROJECT Reference Code
Name: VAX #:
Title and Amount of Funds
Period of Performance:: From: To: _
The foregoing Expenditure Authorization has been reviewed and approved by the following parties and will be incorporated
into the CDLE/SDA Master Contract as an attachment. This signature page,when duly signed, authorizes the grant of funds
by CDLE for the program/project identified herein.
LEO Signature (above) Date (above)
Name and Title (Typed above)
PIC Chair Signature (above) Date (above)
Chair
Name and Title (Typed above)
SDA Director Signature(above) Date (above)
Director _
Name and Title (Typed above)
CDLE Executive Director Signature (above) Date (above)
Executive Director
Name and Title (Typed above)
APPROVALS:
STATE CONTROLLER
ARTHUR L. BARNHART
BY
Name (Typed)
State Controller Delegate
Exhibit D
Page 3 of 13
•
EXPENDITURE AUTHORIZATION (EM MODIFICATION
REOUEST/COMMITMENT DOCUMENT
Date:
Mod#:
I. SERVICE DELIVERY AREA INFORMATION
Name:
Address:
City/State/Zip:
Telephone:_
II. PROGRAM/PROJECT INFORMATION
Vax#:
Name: Reference Code:
Title, Year and Amount of Funds:
Period of Performance: From To
III. MODIFICATION(S) REOUESTED (Narrative):
IV. REVISED GOALS AND OBJECTIVES, OUTCOMES, ETC.:
V. RATIONALE FOR MODIFICATION(S):
VI. BUDGET INFORMATION SUMMARY MODIFICATION
As applicable.
VII. SPECIAL CONDITIONS:
GrltAPPROOGJTOtCAr7BOILKPLIVNASTER.SDAEXH/BITD.MC 51129'
Exhibit D
Page 4 of 13
EXPENDITURE AUTHORIZATION
Signature Page
DATE:
MOD.#:
SERVICE DELIVERY AREA
Name:
Address:
City/State/Zip: _
PROGRAM/PROJECT Reference Code
Name: VAX#:
Title and Amount of Funds _
Period of Performance: From: To:
The foregoing Expenditure Authorization has been reviewed and approved by the following parties and will be incorporated
into the CDLE/SDA Master Contract as an attachment. This signature page,when duly signed,authorizes the grant of funds
by CDLE for the program/project identified herein.
PIC Chair Signature (above) Date (above)
Chair
Name and Title (Typed above)
SDA Director Signature (above) Date (above)
Director
Name and Title (Typed above)
CDLE Executive Director Signature (above) Date (above)
Executive Director
Name and Title (Typed above)
APPROVALS:
STATE CONTROLLER
ARTHUR L. BARNHART
BY
Name (Typed)
State Controller Delegate
Exhibit D
Page 5 of 13
SDA
BUDGET INFORMATION SUMMARY (BIS)
(Title II-A and I1-C)
SDA: Title of Funds:
Period of
Performance: From: To: Year of Funds:
Reference Code:_ VAX#:
Original Allocation
Transfer In (+) From Title
Transfer Out (-) _ To Title
Adjusted Total $_
COST CATEGORY SDA CBO 90/10 TOTAL PERCENT
Administration $
Code
Direct Training $
Code
Training Related 8: Support $
Code
TOTAL $
TOTAL PERCENT
G PPR(XIGITDICV771O1IR.PLTMAS1FItSDAEXNl$/TD./v1C 3/fp c.
Exhibit I)
Page 6 of 13
SDA
BUDGET INFORMATION SUMMARY (BIS) MODIFICATION
(Titles II-A and II-C)
SDA: Title of Funds:
Period of
Performance: From: To: Year of Funds:
Reference Code: VAX #:
Original AIlocation.
Transfer In (+) From (Title)
Transfer Out(-) To (Title)
Adjusted Total
COST CATEGORY ORIGINAL MODIFICATION TOTAL
Administration - s
SDA
Code
Direct Training - s
SDA Code
Training Related - $
& Support
SDA Code
• Administration - S
CBO
90/10 Code
Direct Training - S
CBO
90/10 Code
Training Related -
& Support
CBO 90/10 Code
TOTAL s
TOTAL PERCENT
C.:iMIPPRO(CC✓1t1K'NTDOIIXPL11MAST/t.SDAE1N1Rl7D.MC Jq.,y-
Exhibit D
Page 7 of 13
SDA
BUDGET INFORMATION SUMMARY (BIS)
(Title II-B)
SDA: Title of Funds:
Period of
Performance: From: To: Year of Funds:
Reference Code: _ VAX #:
Original Allocation $
Transfer Out (-)_ To: _
Title
Transfer In (+) From:
Title
Adjusted Total $
COST CATEGORY TOTAL PERCENT
Administration $
Code
Training and $
Supportive Services
Code
TOTAL $
G:161 4'PROGIOJTOCNTBOILR.PL7144,{ TERSDAZYMB17D.MC SiII.Y'
•
Exhibit D
Page 8 of 13
SDA
BUDGET INFORMATION SUMMARY (BIS) MODIFICATION
(Title II-B)
SDA: Title of Funds:
Period of
Performance: From: To: Year of Funds:
Reference Code: V.4X#:
Original Allocation
Transfer Out (-) To (Title)
Adjusted Total
COST CATEGORY ORIGINAL MODIFICATION TOTAL
Administration s
Code
Training and s
Supportive Services Code
TOTAL s
G:1tl<PPR0GIGJ1ThCNTH0ILRPLIIMASTF—R.SDAFXH/8/TU.AaC 5/12/97
Exhibit D
Page 9 of 13
BUDGET INFORMATION SUMMARY
FOR ECONOMIC DISLOCATION AND WORKER ADJUSTMENT ASSISTANCE ACT
Contractor: Title Code:
Program/Project: Year of Funds:
Period of Performance: From To Reference Code:
VAX #:
COST CATEGORY BUDGET
Rapid Response Services $ N/A
Code
TOTAL RAPID RESPONSE N/A
Basic Readjustment Services $
Code
TOTAL BASIC SERVICES
Retraining Services
Code
TOTAL RETRAINING
Needs-related Payments $
Cost
TOTAL NEEDS PAYMENTS
Supportive Services $
Code
TOTAL SUPPORTIVE SERVICES
Administration $
Code
TOTAL ADMINISTRATION
GRAND TOTAL
G'F_ti IPPkOG G fl)tCNT71O!LR PLMASTER.S'DAILKH/R!TT).MC S/12/9-
Exhibit D
Page 10 of 13
BUDGET INFORMATION SUMMARY (BIS) MODIFICATION
SDA/Contractor: Title of Funds
Program/Project: Year of Funds.
Original
Period of Performance: From To
Title Code:
Revised
Period of Performance: From To Reference Code.
Date Processed: VAX#:
•
Change in Number of Persons to be Served [+-(-)J Mod#:
•
LINE ITEM LINE ITEM CURRENT CHANGES REVISED
CODES DESCRIPTION BUDGET +
(-) TOTAL
TOTAL
•The Date Processed line will be completed by COLE r Financial Management Unit.
G:tELIPPROGtGJTtN NTAOILR PLT+AUSTER.SDAIFXH1B/TD.A C 5/11a7
Exhibit D
Page 11 of 13
PLANNED PARTICIPATION AND TERMINATION SUMMARY
1ST 2ND 3RD 4TH
QUARTER QUARTER QUARTER QUARTER
1. TOTAL PARTICIPANTS
2. NEW
3. CARRY IN N/A N/A N/A
4. TOTAL TERMINATIONS
5. NEUTRAL TERMINATIONS
6. FOLLOW-UP ESTIMATE N/A N/A N/A
7. WELFARE FOLLOW-UP ESTIMATE N/A N/A _ N/A
8. TOTAL PERFORMANCE STANDARDS
TERMINATIONS
8a. ENTERED UNSUBSIDIZED EMPLOYMENT
8a1. TRAINING RELATED
8a2. NON-TRAD FOR WOMEN
8a21. TRAINING RELATED
8a3. ATTAINED ENHANCEMENT
8b. ATTAINED ENHANCEMENT
8b1. ATTAINED COMPETENCY ENHANCEMENT
8b2. COMPLETED MAJOR LEVEL OF
EDUCATION
8b3. ENTERED NON-TITLE II TRAINING
Sc. ALL OTHER TERMINATIONS
9. CARRY OUT N/A N/A N/A
PLANNED PROGRAM ACTIVITIES
1ST 2ND 3RD 4TH
QUARTER QUARTER QUARTER QUARTER
10. BASIC SKILLS TRAINING
10a. GED OR EQUIVALENT
11. OCCUPATIONAL SKILLS TRAINING
II a. PAID OCCUPATIONAL TRAINING W/WE
12. OJT
13. WORK EXPERIENCE
14. NON-TRAD TRAIN[NG
15. JOB SEARCH
G:1F.WPPROG G IM N77i011..PL7 ASTERSDAT—YN/B/TD.AdC Jar,y.
Exhibit D
Page 12 of 13
PROJECTED QUARTERLY EXPENDITURE FORM
1st Quarter 2nd Quarter 3rd Quarter 4th Quarter
Projections Projections Projections Projections
EXPENDITURES to to to to TOTAL
Administration
Direct Training
Training Related &
Support
TOTAL
SDA-Admin.
SDA-Direct
Training
SDA-Training
Related& Support
TOTAL SDA
CBO-Admin.
CBO-Direct
Training
CBO-Training
Related & Support
TOTAL CBO L
INSTRUCTIONS
This form is to be completed using projections of actual Title II-A/B/C expenditures for the
Program Year. Include Title II-A/B/C amounts carried in from other program years and exclude
funds expected to be carried out. This form may not agree with the BIS.
As actual carry-in figures become available at close-out of the current year, this form should be
modified if amounts available for carry-in are significantly different than what is projected here.
G:t&U'PR0G1CJIM NTHOILR.PLMUSTFRSDAtEXH/B/TD.A.fC S/I:N-
Exhibit D
Page 13 of 13
PROJECTED QUARTERLY SERVICE/EXPENDITURE FORM FOR ED`VAA
1st Quarter 2nd Quarter 3rd Quarter 4th Quarter
Projections Projections Projections Projections
EXPENDITURES to to to to TOTAL
Rapid Response
Basic Readjustment
Services
Retraining
Supportive Svc/Needs
Related Payments.
Administration
TOTAL
Participants
Carry-In Number
New Enrollments
G.IEMPPXOGGI%O1CM80JIAPLMUST'ERSDAIEMBIID.MC S/1:i9%
Attachment 1
DEFINITIONS
1. APPLICANT (an individual) - Person(s) seeking Job Training Partnership Act (JTPA)
services who have filed a completed application and for who a formal eligibility
determination has been made.
2. CERTIFICATION Refers to the act of
A. attesting that the information provided by each JTPA individual as stated on an
application form is true and correct;
B. Authorizing verification of this information;
C. stating penalties for falsification; and
D. certifying that grievance procedure has been explained to the applicant. All
applicants must sign and date the application form at the point of eligibility
determination. (Lexicon for 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. CITIZENSITIE-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 performance or skill
associated with the training activity. 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 the Colorado Department of Labor (CDLE), a SDA
grant recipient or a subrecipient pays for property,services, supplies, materials or equipment.
6. CONTRACTOR - any person, corporation, partnership, public agency, or other entity
which enters into a contract with CDLE, an SDA grant recipient or a subrecipient under the
Act. One who contracts to do work for another.
rurcaM STF-RSw,roWEF,wnnsr Page 1 of 7
7. ECONOMICALLY DISADVANTAGED-The term"economically disadvantaeed"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
Steward B. McKinney Homeless Assistance Act (42 U.S.C. Sec. 113021;
(E) is a foster child on behalf of whom State and local government payments are made;
This may include youth who have been made a ward of the court;
(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
Sec.4(g)).
8. EMPLOYED- See Labor force Status.
8A. EMPLOYMENT- Employment for 20 or more hours per week for performance standards
(JTPA Sec. 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 for employment goals must occur on the
date of the participation and is considered an initial program service for Title II.
I:VLEGALW ASTEV1G.ITOWEF,N,t1AJSf Page 2 of 7
10. FAMILY - 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 categories:
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 Sec. 4(34)).
11. FAMILY INCOME - Determining gross family income is one of the most difficult tasks
when determining an individual's eligibility for JTPA. For the purpose of determining 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 guidelines, 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
The following should be INCLUDED when calculating income:
GROSS WAGES AND SALARY: Money wages and salaries before any
deductions.
NET NONFARM SELF-EMPLOYMENT INCOME: Net receipts from nonfarm
self-employment(receipts from a person's own unincorporated business,professional
enterprise, or partnership after deductions for business expense).
NET FARM SELF-EMPLOYMENT INCOME: Net receipts from farm self-
employment (receipts from a farm which one operates as an owner, renter, or
sharecropper, after deductions for farm operating expenses).
OTHER REGULAR PAYMENTS: Regular payments from social security,
railroad retirement, strike benefits from union funds, worker's compensation, and
training stipends.
ALIM ONY
J 1I-EGALWIASTERSIGJTOVJEFINMACT Page 3 of 7
MILITARY ALLOTMENTS: Military family allotments or other regular support
from an absent family member or someone not living in the household.
PENSIONS: Pensions whether private or government employee (including military
retirement pay).
REGULAR INSURANCE: Regular insurance or annuity payments.
COLLEGE FUNDS: College or university grants, fellowships, and assistantships.
DIVIDENDS: Dividends, interest,net rental income, net royalties,periodic receipts
from estates or trusts.
WINNINGS: Net gambling or lottery winnings.
The following should be EXCLUDED when calculating the applicant's or family's income:
UNEMPLOYMENT COMPENSATION BENEFITS from Federal,State or Local
government programs.
CHILD SUPPORT PAYMENTS
WELFARE PAYMENTS: Includes AFDC, SSI, RCA, and GA.
FINANCIAL ASSISTANCE UNDER TITLE IV OF THE HIGHER
EDUCATION ACT (i.e. Pell Grants,Federal Supplemental Education Opportunity
Grants and Federal Work Study). PLUS, Stafford and Perkins loans like any other
kind of loan are debt and not income.
NEEDS-BASED SCHOLARSHIP ASSISTANCE
VETERAN INCOME: Income earned while the veteran was on active military
duty and certain other veterans' benefits, i.e., compensation for service-connected
disability, compensation for service-connected death, vocational rehabilitation, and
education assistance.
CAPITAL GAINS
50% OF SOCIAL SECURITY
DRAWN DOWN ASSETS: Any assets drawn down as withdrawals from a bank,
the sa.:e of property, a house or a car.
OTHER CASH EXCLUSIONS: Tax refunds, gifts, loans, lump-sum inheritances,
one-time insurance payments, or compensation for injury.
J:V.EGAG'M4SIFRTIGITOlpg%NJT[MST Page 4 of 7
NON-CASH INCOME: 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.
12. INDIVIDUAL WITH A DISABILITY
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 impairment; or is regarded as having such an
impairment.
13. LABOR FORCE STATUS:
EMPLOYED
An employed individual is one who, during the 7 consecutive 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 ajob 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
(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 THE PRIOR 26 WEEKS
The number of weeks an individual was unemployed during the 26 weeks immediately prior
to eligibility determination (refer to definitions above). It does not matter if the applicant
was employed at the time of application. (Federal Register, Vol. 57, no. 219).
J VEGALuu]TERSIG In1DEflN/11ACr Page 5 of 7
14. 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 er who requires assistance in overcoming artificial barriers to employment
resulting from a record of arrest or conviction (JTPA, as amended).
15. OLDER INDIVIDUAL - An individual age 55 or older. JTPA Sec. 204(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 authorized 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 apprenticeship program or the armed
Forces, and .s employed for 20 or more hours per week.
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 document provided
by a substate grantee to an eligible dislocated worker verifying their status and authorizing
continuing eligibility 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 entitlement to
unemployment compensation (UC), and is unlikely to return to his/her previous
industry or occupation;
(b) has been terminated or has received an individual notice of terminatlon/layoff of
employment, as a result of any permanent closure or any substantial layoff at a plant,
facility, or enterprise (See definition of Substantial Layoff);
(c) has been unemployed for 15 or more weeks, or is in a stop-gap employment and has
limited opportunities for employment or reemployment in the same or similar
occupation in the area in which such individuals reside. This category includes older
individuals who may have substantial barriers to employment by reason of age;
J:USGALMAsr&Z.nciroLDEFIHm.nar Page 6 of 7
(d) was self-employed and is unemployed (or is in the process of going out of business
as substantiated by documentation) as a result of general economic conditions in the
area of residence or as a result of natural disasters. This category includes farmers
and ranchers.
(e) has been providing unpaid services to family members in the home; and has been
dependent either on public assistance and whose youngest child is within two years
of losing eligibility under part a of Title IV of the Social Security Act; or on income
of another family member but is no longer supported by that income; and is
unemployed or underemployed and is experiencing difficulty in obtaining or
enhancing employment. May be served if specifically stated and approved in
Substate Grantee Annual Plan.
21. ELIGIBILITY UNDER PUBLIC ANNOUNCEMENT OF CLOSURE - Workers who
have not received an individual notice of termination who are employed at a facility for
which the employer has made a public announcement of planned closure shall be considered
eligible dislocated workers with respect to the provision of basic readjustment services, with
the exception of supportive services and relocation assistance. JTPA Section 6313(b)(1).
Such individuals shall be eligible to receive all services authorized in section 314 of the Act
after a date which is 180 days prior to the scheduled closure date of the facility. JTPA
Section 631.3(b)(2).
22. SELF-EMPLOYED-Any professional,independent trades person,or other business person
who works for him/herself. Such a person may or may not be incorporated or in a limited
partnership. A family member who provides professional services in the affected business
of at least 15 hours per week and receives a salary or wage from the self-employed individual
may also be considered to be a self-employed individual.
23. 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:
(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 regularly working less than 20 hours per
week); or
(c) at least 500 employees (excluding employees regularly working less than 20 hours
per week).
I VLCALMASTfR11CJTOIDFF/N/TLWVT Page 7 of 7
ai • N MEMORANDUM
paviTO: Board of Weld County Commissioners,
Dale K. Hall, Chairman
CrQ• FROM: Walter J. Speckman, Weld County Human U 'ruCT
Services Director
•
COLORADO DATE: June 14, 1999
SUBJECT: PY99 Master Contract for the Job Training
Partnership Act
Enclosed for Board approval is a Master Contract between the Board of Weld County
Commissioners and the Department of Labor and Employment.
The purpose of the Master Contract is to outline provisions for delivery of the programs
under the Job Training Partnership Act.
The initial term of the contract shall commence on July 1, 1999 and end on June 30,
2000.
If you have any questions, please feel free to telephone Linda Perez at 353-3800,
extension 3363.
991451
Hello