HomeMy WebLinkAbout960822 RESOLUTION
RE: APPROVE MASTER CONTRACT FOR JOB TRAINING PARTNERSHIP ACT BETWEEN
HUMAN SERVICES AND GOVERNOR'S JOB TRAINING OFFICE AND AUTHORIZE
CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Master Contract for 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 Weld County Division of Human Services,
and the Governor's Job Training Office, commencing July 1, 1996, and ending June 30, 1999, 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 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 Weld County Division of Human Services, and the Governor's Job Training Office
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of May, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
�� I �Lu.414.,
WELD COUNTY, COLO/ 0
kva' Baroar J. Kirkmeyer, Chair
$1861 I'` ty Clerk to the Board .
eorge Baxter, Pro-Tern
® ti ` ►-�puty Cle to the Board FXCI'SFr) DATF C)F SIANINC (AY9
Dale K. Hall
APP ED AS TO FOR •
Constance L. Harbert/
o ty Att me �
W. H. Webster
960822
HR0067
Agency # E E A
Routing #
Contract #
MASTER CONTRACT
THIS CONTRACT, made this th day of 1996, effective July 1, 1996 by and
between the State of Colorado, represented by the Governor's Job Training Office, hereinafter
referred to as GJTO, or the State, and Weld County, hereinafter referred to as the Contractor.
WHEREAS,authority exists in the Job Training Partnership Act(JTPA)of 1982,also known as P.L.
97-300, as amended, and in the Economic Dislocation and Worker Adjustment Assistance Act
(EDWAA) and the Governor has received a grant of federal funds thereunder; and
WHEREAS, the JTPA (Section 101[a][1], requires the designation of Service Delivery Areas
(SDAs) by the Governor; and
WHEREAS, Executive Order D0010 83 of March 15, 1983, has designated this SDA in accord with
JTPA: and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, contract authority for Weld County resides in the Weld County Board of County
Commissioners; and
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_, Contract Encumbrance Number ; and
WHEREAS,the Contractor has selected the entity which will receive and administer funds from the
state in accordance with Section 104(b)(1) and (2) of the JTPA.
NOW THEREFORE,in consideration of the mutual promises hereinafter set forth, the parties enter
into the following agreement:
x:1USRRASURRRCIPWICLD1CWIRacT1suwarn.nas Page 1 of 20
960822
DEFINITIONS
A list of definitions to be used in the interpretation of this Contract is attached hereto as
Attachment 1 and by this reference is incorporated herein.
II. STATEMENT OF WORK
The Contractor agrees to perform, in a professional and workmanlike manner, the
obligations and responsibilities set forth in the "Allowable Programs", Section II.A of the
Contract.
A. Allowable Programs
A.1 The Contractor and its administrative entity have prepared a two-year Job
Training Plan(JTP) and a II-B Plan in accordance with Section 104 of JTPA, and
an EDWAA plan in accordance with Section 313 of JTPA. The 96-97 JTPs, by
this reference are hereby incorporated and made part of this Contract as if fully set
forth herein.
A.2 GJTO shall provide funds to the SDA for activities pursuant to the approved JTP
referenced in Section II.A.1.
A.3 In addition to the funds provided for the basic Brant activities identified in the
approved JTPs,GJTO may provide funds to the Contractor for the following other
activities:
A.3.a Training programs for older individuals (those individuals 55 years or
older), (Section 124 of JTPA);
A.3.b Incentive grants for superior performance, training and technical
assistance for staff and for serving hard to serve individuals (§
202(6)(1)(B) JTPA, as amended);
A.3.c Training programs for dislocated workers (§ 301 and 302 of JTPA, as
amended), as specified by EDWAA;
A.3.d Services for groups with special needs and exemplary models pursuant to
joint agreements (§ 501 (a) of JTPA, as amended);
A.3.e Amendments and modifications of allocated funds pursuant to § 109 and
202 (b) of the JTPA, provided to the contractor; and
R:\USERS\SUSRECIP\W6(D\C0MRACT\6flWEW.HAS Page 2 of 20
960822
A.3.f Other funds for employment and training-related programs.
A.4 GJTO shall provide funds for Summer Youth Employment and Training Programs
in accordance with Part B, Section 251 of JTPA, if such activities are not
originally included in the JTP by the Contractor.
13. Maximum Funding
B.1 GJTO shall provide the Contractor an amount not to exceed One Million, Seven
Hundred Seventy Two Thousand, Seven Hundred and Ninety Two Dollars ($
1,772,792.00) of funds awarded to the State of Colorado for activities identified
in Section II.A for the period of July I, 1996 to June 30, 1999.
B.2 Funds authorized to be expended by the Contractor will be limited to authorized
funding received from the Department of Labor or other sources. The authoriza-
tion to spend funds may be provided to GJTO in increments. Therefore, GJTO
shall limit the amount requested by the Contractor for each Expenditure
Authorization(EA) to the amount in the GJTO Notice of Fund Availability.
C. Expenditure Authorization Procedures
C.1 Prior to the expenditure of any funds identified in Section II.B above, an EA or
JTP must be submitted by the Contractor and approved by GJTO.
C.2 An EA is a document prepared by the Contractor which shall include the
following:
C.2.a Type of funds identified in Section II.A of this Contract, which the
Contractor is requesting;
C.2.b The Scope of Work to be performed by the Contractor:
C.2.c Period of Performance;
C.2.d A budget or budgets submitted on forms provided by GJTO.
A separate budget will be required for each type of funding received by
the Contractor, such as, but not limited to,those programs identified in
Section II.A above.
C.2.e Special Provisions; and
B:\USID.S SUBRECIPIUELU\CUM WHE
W MIS Page 3 of 20
360822
C.2.f Signature page signed by the Private Industry Council (PIC) Chair;
Local Elected Official(LEO),the SDA Director,and GJTO;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).
The Contractor must comply with its own internal signature process.
Should the internal signature process be more restrictive than this
provision, it will prevail.
C.3 The Contractor may include EA provisions (C.1 and C.2) in its subcontracts.
Upon approval by GJTO of the Contractor's EA policy and procedures for its
subcontractors, GJTO shall be a third party beneficiary of such provisions. The
Contractor shall be obligated to GJTO for the enforcement of such provisions.
D. Modification Procedure for EA Budget
The Contractor may modify the EA and its budget in accordance with GJTO policies
and procedures with prior approval of both PIC and GJTO.
E. Property
To purchase property with JTPA funds, a Property Requisition and Authorization
Form (PRAF) must be submitted to, and processed by, GJTO. See Paragraph VI,
General Provisions.
F. Duration
The JTPs shall remain in full force and effect for the entire Contract period, unless
changes in labor market conditions, funding, or other factors require substantial
modifications as provided in Section 104(c) of JTPA.
G. Annual Report
The Contractor shall submit an annual report by September 30, each year as required
by § 104 (b)(13) of the JTPA, as amended. The report shall include:
G.1 A description of activities/services conducted during the program year for Title
II-A, II-C, Title III, and 5% Older Worker programs.
G.2 A list of client characteristics and the number of each served;
G.3 A list of occupations in which training took place and the number of participants
M:\UsflS\sUBRSCIP\WSU\LCOflRACT16XXWEW.MAS Page 4 of 20
960£x'22
in each.
G.4 A summary of the SDA's performance in meeting federaUstate standards;
G.5 Status of coordination agreements and description of innovative coordination
taking place which would be of special interest to other SDAs,the Job Training
Coordinating Council, and the Governor;
G.6 An evaluation of service providers which includes ability to meet performance
goals, cost, quality of training, and characteristics of participants; and
G.7 A summary of the Contractor's monitoring of subrecipient contracts, corrective
actions taken,and the results of such corrective actions.
G.8 Information on the extent to which the service delivery area has met the goals of
the area for the training and training-related placement of women in nontraditional
employment and apprenticeships; and
G.9 A statistical breakdown of women trained and placed in nontraditional
occupations. including information regarding - -
G.9.a the type of training received, by occupation;
G.9.b whether the participant was placed in ajob or apprenticeship, and, if so,
the occupation and wage at placement;
G.9.c the age of the participant;
G.9.d the race of the participant; and
G.9.e retention of the participant in nontraditional employment.
If changes in labor market conditions, funding or other factors require substantial
deviation from an approved job training plan,the private industry council and the
appropriate chief elected official or officials (as described in section 103(c)) shall
submit a modification of such plan (including modification of the budget under
subsection (b)(6)), which shall be subject to review in accordance with JTPA
sections 105, 104(c), and 104(b)(13)(E).
H. Exhibits
The terms and conditions contained in the PY 96 JTP are by this reference,
M:\USSRS\SUSASCIP\MELD\COMPACT\6XXMD.D.MAS Page 5 of 20
960822
incorporated herein. Exhibits A,B,and C attached hereto, are incorporated and made
a part hereof.
Exhibit A- PY 96 JTP
Exhibit B - PY 96 II-B SYETP
Exhibit C - PY 96 EDWAA Substate Plan
III. PERIOD OF PERFORMANCE
The period of performance shall be from July 1, 1996 to June 30, 1999.
IV. GENERAL PROVISIONS
The Contractor agrees to perform in accordance with, and to comply with, the General
Provisions, attached to this Contract, and by this reference hereby incorporated into this
Contract.
V. SPECIAL PROVISIONS
The Contractor agrees to perform in accordance with, and to comply with, the Special
provisions attached to this Contract.
VI. EOUAL EMPLOYMENT OPPORTUNITIES/AFFIRMATIVE ACTION
A. Equal Employment Opportunity Requirements
The Contractor shall insure Equal,Employment Opportunities(EEO)to all individuals
and shall take Affirmative Action (AA) to insure adequate utilization of members of
protected classes of workers who have been victims of past discrimination.
EEO shall mean that no individual shall be excluded from participation in, denied the
benefits of, subjected to discrimination under, or denied employment in the adminis-
tration of or in any program funded under this section because of race, color, or
national origin, age, handicap, or political affiliation or belief.
Contractors shall be governed by the prohibitions against discrimination on the basis
of age under the Age Discrimination Act of 1975, on the basis of handicap under
Section 504 of the Rehabilitation Act, on the basis of sex under Title IX of the
Education Amendments of 1972,or on the basis of race,color,or national origin under
Title VI of the Civil Rights Act of 1976. Programs and activities funded under this
Act are considered to be programs receiving Federal financial assistance and are all
subject to all provisions of EEO.
H:\USERS\SUERSCIP\NBLW\CON'TRACf\6EENELO.MAS Page 6 of 20
960822
VII. CERTIFICATION REGARDING LOBBYING
By signing this Contract, the undersigned certifies, to the best of his or her knowledge and
belief, that:
A. No Federal appropriated funds have been paid or will be paid,by or on behalf of the
undersigned, to any person for influencing or 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.
B. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in the
award documents for all *subawards at all tiers(including subcontracts, subgrants, and
contractors under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
D. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, title
31, U.S. Code. Any person who fails to file the required certification shall be subject
to a civil penalty of not less than$10,000 and not more than$100,000 for each such
failure.
*Note: "All" applies to covered contract/grant transactions over$100,000 (per OMB).
GENERAL PROVISIONS
H:\US S1SVERtIP\WELDMVM.ACT\6XXWEo.nu Page 7 of 20
960822
J,EGA1. AUTHORITY
The Contractor assures and guarantees that it possesses the legal authority to enter into this
Contract. The person or persons signing and executing this Contract on behalf of the
Contractor do hereby warrant and guarantee that they have been fully authorized by the
Contractor to execute this Contract on behalf of the Contractor.
II. PAYMENT CONTINGENCY
The parties hereto expressly recogni7P that the Contractor is to be paid, reimbursed or
otherwise compensated with funds provided to GJTO by the United States Department of
Labor under the Job Training Partnership Act (JTPA) and/or Economic Dislocation and
Worker Adjustment Assistance Act (EDWAA). Therefore, the Contractor expressly
understands and agrees that all its rights, demands and claims to compensation arising
under this Contract are contingent upon receipt of such funds and upon GJTO continuing
to receive such funds. If any part of the funds are not received by GJTO, for any reason,
GJTO may unilaterally terminate this Contract, or, with the consent of the Contractor,
modify the terms hereof. Insofar as this contingency affects the Contractor, subrecipients
or suppliers, for mutual protection of the parties, the Contractor agrees to include this
contingency in all its subcontracts.
III. TERMINATION
The performance of work under this Contract may be terminated by GJTO in accordance
with this clause in whole or in part.
A. GJTO may terminate this Contract when it has been determined that the Contractor has
failed to provide any or all of the services specified or failed to comply with any
Federal requirements or provisions contained within this Contract. GJTO will notify
the Contractor of such unsatisfactory performance in writing. The Contractor has
thirty(30)working days,unless otherwise specified in the notice,after receipt in which
to respond with a written plan acceptable to GJTO for correction of deficiencies. If the
Contractor does not respond within the appointed time with appropriate plans, GJTO
shall serve a termination notice on the Contractor.
B. GJTO may terminate this Contract if it is determined that the Federal or State
Government has debarred or suspended the Contractor within a three year period
preceding this Contract, or debars the Contractor during the term of this Contract,
pursuant to 29 CFR 98 and 24-109-105 CRS.
C. GJTO may request a termination of this Contract for convenience,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
x:WSERS SUB CXP\WKLD\CQflflc\EflWE n.HAS Page 8 of 20
9609„f4
for any allowable services satisfactorily performed hereunder through the date of
termination.
D. GJTO may request in writing, a termination of this Contract when both parties agree
that continuation of the services specified in Section II, Statement of Work,would not
produce beneficial results commensurate with the further expenditure of funds.
E. After receipt of a notice of termination, the Contractor shall:
E.1 Stop work under the Contract on the date and to the extent specified in the notice
of termination.
E.2 Place no further orders or subcontracts for materials, services, or facilities, except
as may be necessary for completion of such portion of the work already
substantially performed under the Contract.
E.3 Terminate all orders and subcontracts to the extent that they relate to the
performance of the work terminated by the notice of termination.
E.4 Assign to GJTO all of the rights, title and interest within the Contract. GJTO
shall have the right, at its discretion, to settle or pay any or all claims arising out
of the termination of this Contract.
E.5 Settle all outstanding liabilities and all claims arising out of such termination of
orders and subcontracts in accordance with the provisions of this Contract.
E.6 Transfer title of all Contract property to GJTO (to the extent that title has not
already been transferred) and deliver in the manner and at a time specified by
GJTO.
E.7 Take such action as may be necessary or as may be directed, for the protection and
preservation of the property related to this Contract which is in the possession of
the Contractor and in which GJTO has or may acquire an interest.
F. After receipt of a notice of termination, the Contractor receiving notice shall submit
to GJTO its completed and acceptable fiscal closeout package in the form and with the
certification prescribed by GJTO. Such closeout package shall be submitted promptly,
but in no event later than two(2)months from the effective date of termination, unless
one or more extensions in writing are granted by GJTO.
G. The Contractor shall have the right to appeal any unilateral determination to terminate
in accordance with JTPA. In any case, where GJTO has made a determination of the
amount due, GJTO shall pay the Contractor the following:
s:WsnRsksUBRBCrn%NBLG\COMRArn6AATTLU:MAS Page 9 of 20
960822
G.1 If there is no right of appeal hereunder or if no timely appeal has been submitted,
the amount so determined by GJTO; or
G.2 If an appeal has been submitted,the amount finally determined on such appeal.
H. GJTO may, from time to time, under such terms and conditions as it may prescribe,
make partial payments on account against costs incurred by the Contractor in
connection with the terminated portion of the Contract whenever, in the opinion of
GJTO, the aggregate of such payment shall be within the amount to which the
Contractor will be entitled hereunder.
W. MANAGEMENT ACTIVITIES AND RECORD MAINTENANCE
A. In addition to any requirements imposed elsewhere in this Contract, the Contractor
shall ensure that sufficient, auditable and otherwise adequate records that will provide
accurate, current, separate and complete disclosure of the status of the funds received
under the Contract are retained for six (6) years plus ninety (90) days. If a claim is
instituted involving the grant or agreement covered by the records, the records shall
be retained until resolution of the claim or litigation, or until the end of the 6 year plus
90 days period, whichever is later. Such records shall be sufficient to allow the U.S.
Department of Labor, firms conducting audits of JTPA funds and GJTO to audit and
monitor the Contractor.
Accordingly, recipients/subrecipients shall maintain a copy of the Participant Record
which records any participant's participation in the JTPA program, including dates of
entry, eligibility,participation and termination and shall retain such records at least a
minimum of six years plus ninety days. The time necessary to resolve litigation, audit
or claim involving the grant or agreement covered by the records, which was initiated
prior to the end of the six year plus ninety days retention period does extend the
retention period.
B. The Contractor shall ensure that it and its subrecipients will comply with the
provisions of GJTO's Audit Policy and Procedures. If the Contractor receives over
Twenty-Five Thousand Dollars ($25,000) of direct Federal financial assistance from
GJTO within the Contractor's fiscal year, the Contractor shall submit an audit report
in accordance with the Single Audit Act and OMB Circulars A-128 or A-133,
whichever is applicable, to GJTO within 10 days of the Contractor's receipt from its
auditors, but no later than one year after that fiscal year that was reported upon. The
Contractor shall establish an audit committee that engages the independent auditor,
determines the services to be performed,reviews the progress of the audit and the final
audit findings, and intervenes in any disputes between management and the
independent auditors. The contractor shall also institute policy and procedures for its
lower-tier subrecipients that comply with these audit provisions.
H:\USIDt5\SUBRSCIP\NBLD\ .Cf16mmD.MA5 Page 10 of 20
960822
C. GJTO, the U.S. Department of Labor, GJTO's auditors and other representatives of
GJTO shall, during business hours, have access to inspect and copy books, records,
memoranda,correspondence,personnel staffing records,independent audit workpapers
and any other documents, and shall be allowed to monitor and review through on-site
visits,all program activities,personnel staff, services and programmatic and adminis-
trative practices, supported with funds under this Contract to ensure compliance with
the terms of this Contract, and provisions of any subcontracts funded in whole or in
part through this Contract.
D. The Contractor shall review the findings of GJTO or representatives and shall act
promptly, as directed by GJTO, to remedy deficiencies noted in such findings. If
corrective action is not taken and such deficiencies persist, GJTO may terminate this
Contract.
E. If corrective action requires repayment of JTPA funds expended for unallowable
purposes, stand-in costs may be substituted for disallowed costs where: incurred
during the same program year,paid for with non-federal funds and allowable under the
same JTPA program title and cost category as amounts disallowed. The availability
or use of stand-in costs must be reported to GJTO.
F. In the event that GJTO determines that the recordkeeping system of the Contractor
does not comply with Federal guidelines, financial accounting may be done by GJTO,
or an accounting firm or bank approved by GJTO. The cost to GJTO of any work shall
be deducted monthly from the funds allocated to the Contractor.
V. SUBCONTRACTING
The Contractor shall not subcontract the performance of any part of its duties in
administration of the funds under this Contract except in accordance with the terms of this
Contract or with the prior written consent of GJTO approving the subcontractor.
VI. PROPERTY MANAGEMENT
The Contractor and its lower-tier subrecipients shall comply with GJTO's property
management procedures and all relevant JTPA Letters and Policy Guidance Letters
(PGLS). The Contractor ensures that it will maintain proper inventory control over all
nonexpendable supplies and property purchased with JTPA funds.
VII. ASSIGNMENT
The Contractor shall not assign this Contract to third parties without the prior written
B:IUSIMS1SUBRBCIY‘N$DICON RAmfXXPIELD..w5 Page 11 of 20
9608.22
consent of GJTO approving both the assignment and the assignee.
VIII. SEVERABILITY
To the extent that this Contract may be executed and performance of the obligations of the
parties may be accomplished within the intent of the Contract, the terms of this Contract
are severable, and should any term or provision hereof be declared invalid or become
inoperative, such invalidity or failure shall not affect the validity of any other term or
provision hereof. The waiver of any breach of a term hereof shall not be construed as a
waiver of any other term.
IX. CHANGES IN STATEMENT OF WORK
A. Modification by Operation of Law
This Contract is subject to such modification as may be required by changes in federal
or state law or regulations. Any such required modification shall be incorporated into
and be part of this Contract as if fully set forth herein.
B. Programmatic Modifications
The Contractor shall follow the revision procedures set forth by GJTO.
B.1 The Contractor must submit a written request to GJTO and obtain prior written
approval for changes to the Statement of Work, the objective of the Contract, or
dollar amount changes,
B.2 In addition to the foregoing procedure, prior approval for such changes must be
authorized by the State in an amendment to this Contract properly executed and
approved in accordance with applicable law under the following circumstances:
B.2.a When an increase or decrease of Contract total is desired; and
B.2.b When the Statement of Work or the objective of the Contract changes
substantially, as determined by GJTO.
Under such circumstances, GJTO's approval is not binding until the Contract
amendment is executed.
X. PROGRAM INCOME
If program income is generated under this Contract,an agreement providing for the use of
xe Page 12 of 20
US OCOMID_HAS
960822
such income subsequent to termination of this Contract is required,prior to the expenditure
of such funds.
XI. INTEGRATION OF UNDERSTANDINGS
This agreement is intended as the complete integration of all understandings between the
parties. No prior or current addition, deletion,or other amendment shall have any force or
effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal,
addition, deletion, or other amendment hereto shall have any force or effect unless
embodied in a writing that is executed and approved pursuant to the State Fiscal Rules and
other applicable statutes and regulations.
XII. ASSURANCES
A. The Contractor assures that it will fully comply with the JTPA, regulations
promulgated, and all other applicable federal and state laws, rules and regulations.
B. The Contractor assures that in operating programs funded under the Act, it agrees to
comply with all GJTO issuances and directives, such as JTPA letters and PGLs.
C. The Contractor assures that it will administer its programs under the JTPA in full
compliance with safeguards against fraud and abuse as set forth in JTPA and the JTPA
regulations.
D. The Contractor agrees to abide by the provisions of Section 144 of the JTPA which
concerns grievance procedures. Further, the Contractor agrees to follow Federal
Regulations governing grievance resolution of all complaints, including those based
on disabilities, but excluding complaints alleging discrimination. All discrimination
complaints except those based on disability must be filed initially at the U.S. Director-
ate of Civil Rights. Finally, the Contractor agrees to follow all pertinent Governor's
policy issuances concerning grievance procedures.
E. No funds provided under this Act shall be used or proposed for use to encourage or
induce the relocation, of an establishment or part thereof, that results in a loss of
employment for any employee of such establishment at the original location.
No funds provided under this Act shall be used for customized or skill training,on-the-
job training, or company specific assessments of job applicants or employees, for any
establishment or part thereof,that has relocated, until 120 days after the date on which
such establishment commences operations at the new location, if the relocation of such
establishment or part thereof,results in a loss of employment for any employee of such
establishment at the original location (JTPA Section 141(c)).
H:SUS®.S1SUBRJCZPtWBLmCVflAcT\6XLMSfD.MA5 Page 13 of 20
960622
F. The Contractor assures and certifies that in administering programs under JTPA:
F.1 It will comply with the provisions of the Uniform Relocation Assistance and Real
Property Acquisition Act of 1970 (P.L. 91-646)which requires fair and equitable
treatment of persons displaced as a result of Federal and Federally-assisted
programs.
F.2 It will comply with the provisions of the Hatch Act,where applicable,which limit
the political activity of certain State and local government employees.
F.3 For grant, subgrants, contract, and subcontracts in excess of One Hundred
Thousand Dollars ($100,000), or where the grant officer has determined that
orders under an indefinite quantity contract or subcontract in any year will exceed
One Hundred Thousand Dollars($100,000),or if a facility to be used has been the
subject of a conviction under the Clean Air Act(42 U.S.C. 1857-8) (c)(I) or the
Federal Water Pollution Control Act (33 U.S.C. 1319 [C]) and is listed by the
Environmental Protection Agency(EPA) or is not otherwise exempt, the grantee
assures that:
F.3.a No facility to be utilized in the performance of the proposed grant has been
listed on the EPA list of Violating Facilities;
F.3.b It will notify the Regional Administrator, prior to award, of the receipt of
any communication from the Directors, Office of Federal Activities, U.S.
EPA, indicating that a facility to be utilized for the grant is under con-
sideration to be listed on the EPA list of Violating Facilities; and
F.3.c It will include substantially this assurance, including this third part, in every
non-exempt subgrant, contract or subcontract.
F.4 It will comply with appropriate labor standards as set forth in Section 143 of the
JTPA (20 CFR 627.603 and 627.604);
F.5 All grievances concerning the conduct of the Contractor shall follow the grievance
procedures set forth in 20 CFR 627.500 et seq;
F.6 It will comply with the Child Labor laws;
F.7 It will comply with the Safety Standards of Occupational Safety and Health Act
(OSHA);
F.8 It will comply with the Davis Bacon Act;
H:I USERS\SEW=IP\HELD\COHTRAC116XXNELD.MAS Page 14 of 20
960822
F.9 It will comply with the Wagner-Peyser Act;
F.10 It will comply with Part C of Title IV of the Social Security Act;
F.11 It will comply with the Military Selective Services Act;
F.12 It will comply with Section 665, Title 18, United States Codes;
F.13 It will comply with the Fair Labor Standards Act of 1938;
F.14 It will comply with the Colorado Revised Statutes Section 18-8-301 C.R.S., as
amended (Bribery and Corrupt Influence);
F.15 It will comply with Colorado Revised Statutes Section 18-8-401-408 C.R.S., as
amended (Abuse of Public Office); and
F.16 It will comply with PGL #93-02-ADI, Procurement Policy, where appropriate.
G. The Contractor assures that it will comply with bonding and insurance requirements
as follows:
G.1 The Contractor shall maintain JTPA funds in cash depositories which have
Federal Deposit Insurance Corporation(FDIC)coverage. When the Contractor's
account balance exceeds the FDIC maximum coverage on deposits, JTPA funds
shall be collaterally secured on a daily basis.
G.2 Upon written request to the Contractor being made by the State, the Contractor
shall maintain during the life of the Contract Bodily Injury and Property Damage
Insurance, acceptable to the State covering the services hereunder and all
operations in connection herewith, and whenever any of the services covered in
the Contract is to be subcontracted,the Contractor shall obtain insurance coverage
acceptable to the State,such as Contractor's Contingent or Protective Liability and
Property Damage insurance to protect its interest and those of the State, if any.
G.3 Whenever the work covered by the Contract shall involve the use of vehicular
equipment, the Contractor shall maintain during the life of the Contract,
Automotive Bodily Injury and Property Damage Insurance for business use with
limits not less than One Hundred and Fifty Thousand Dollars($150,000)personal
liability to any one person in any one accident, Four Hundred Thousand Dollars
($400,000) for an injury to two or more persons in any single occurrence, and
Four Hundred Thousand($400,000)for property damage to protect the Contractor
from any and all claims arising from the use of the following in the execution of
the services included in the Contract:
R:\USERS\SUSRECSP\WCLD\COMRACT\6XXMELD.MAS Page 15 of 20
960lC12
,... ?
G.3.a Contractor's own vehicles;
G.3.b Hired vehicles;
G.3.c Vehicles not owned by the Contractors; and
G.3.d The State shall not be in the policy as a named insured.
G.4 Upon written request to the Contractor being made by the State, the Contractor
shall maintain during the life of this Contract;Physical Damage or Loss Insurance
protecting against loss caused by the perils of fire, smoke, theft, burglary,
vandalism,and storm acceptable to the State, covering the services hereunder and
all operations,equipment and materials furnished or used in connection therewith.
The cash bond in an amount to be determined by the State may be given to meet
this requirement as regards State property.
G.5 Excepting the Insurance required by Paragraph G.2 above, one certified copy of
the foregoing policies and three copies of a certificate evidencing the existence
thereof shall be delivered to the State within twenty (20) days of such written
request being made by the State. Certified copies of the policies required by said
Paragraph G.2 and three copies of the certificate evidencing the existence thereof
shall be delivered to the State before use of vehicular equipment is undertaken, as
described in said Paragraph G.2. Each copy and certificate must bear the
following special endorsement by the agent of the proposed insurance carrier;
"This policy shall not be altered, materially changed or canceled without giving
15 days prior written notice, by certified mail, to GJTO."
G.6 A valid receipt showing payment or obligation for the payment of the premium
for all such insurance, accepting the insurance required by said Paragraph G.2,
shall be submitted to the State by the Contractor when it provides the insurance
documentation to the State for acknowledgement of receipt and adequacy by the
proper State officials. Receipts showing payment or obligation, for the payment
of premium for the insurance required by said Paragraph G.2 shall be submitted
to the State with the policies and certificated to which the receipts refer before use
of the vehicular equipment involved is undertaken by the Contractor.
H. The Contractor assures that it, and its subcontractors, shall comply with the
Workmen's Compensation Act of Colorado and shall provide compensation
insurance to protect the Contractor, its subcontractors and the State from and
against any and all Worker's Compensation claims arising from performance of
services under the Contract. The State shall be furnished,upon request, one copy
of the certificate or certificates evidencing such insurance to be in effect.
H:\USERS\SUBRSCIP\RED\CWImRACT%rnNRW.EAS Page 16 of 20
960822
I. The Contractor assures that prior to the initial disbursement of funds to the
Contractor it shall ensure that every officer, director, agent, or employee
authorized to act on behalf of the Contractor in receiving or depositing funds into
program accounts; or in issuing financial documents,checks,or other instruments
of payment for program costs shall obtain a fidelity bond to provide protection
against loss. The coverage shall be at least Five Hundred Thousand Dollars
($500,000). A copy of the current Fidelity Bond shall be provided to the State on
or before July 1 of each year.
If the fidelity bond of any employee of the Contractor is canceled or coverage is
substantially reduced, the Contractor shall notify GJTO and GJTO shall not
disburse any funds thereafter until GJTO receives and acknowledges assurance
from the Contractor that adequate insurance coverage has been obtained.
J. The Contractor assures that every reasonable course of action will be taken by the
Contractor to maintain the integrity of this expenditure of public funds and to
avoid any favoritism or questionable or improper conduct. The contract will be
administered in an impartial manner, free from personal financial, or political
gain. The Contractor, its executive staff and employees, in administering this
Contract, will avoid situations which give rise to a suggestion that any decision
was influenced by prejudice, bias, special interest, or personal gain.
K. The Contractor assures and certifies that it and its principles:
K.1 Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
K.2 Have not,within a three-year period preceding this Contract,been convicted
of or had a civil 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 proper-
ty;
IC3 Are not presently indicted for or otherwise criminally or civilly charged by
a government entity (federal, state or local) with commission of any
offenses enumerated in paragraph(K.2) of this certification; and
K.4 Have not within a three-year period preceding this Contact,had one or more
public transactions(federal, state, or local) terminated for cause or default.
M:\USERSISUBRECIPWILIACW'[AACTWOMR.D.MAS Page 17 of 20
ssonno
Where the Contractor is unable to certify to any of the statements in this
certification, such Contractor shall attach an explanation to this proposal.
L. The Contractor certifies that pursuant to the Drug Free Work Place of 1988, 45
CFR Part 76, Subpart F, the Contractor will provide a drug-free workplace.
M. The Contractor certifies that it will comply with 49 CFR,Part 20,and JTPA Letter
#90-12,Lobbying Certification.
N. To the extent authorized by law, the contractor shall indemnify, save and hold
harmless the State, its employees and agents,against any and all claims, damages,
liability and court awards including costs, expenses,and attorney fees incurred as
a result of any act or omission by the contractor, or its employees, agents,
subcontractors, or assignees pursuant to the terms of this contract.
O. No funds available under this Act shall be used for employment generating
activities, economic development activities, investment in revolving loan funds,
capitalization of businesses,investment in contract bidding resource centers, and
similar activities. No funds under title II or III of this Act shall be used for
foreign travel. (JTPA, §141(q).
P. As a condition to the award of financial assistance under JTPA from the
Department of Labor, the grant applicant assures, with respect to operation of the
JTPA-funded program or activity,and all agreements or arrangements to carry out
the JTPA-funded program or activity, that it will comply fully with the nondis-
crimination and equal opportunity provisions of the Job Training Partnership Act
of 1982, as amended (JTPA), including the Nontraditional Employment for
Women Act of 1991; title VI of the Civil Rights Act of 1964. as amended; section
504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act
of 1975, as amended;title IX of the Education Amendments of 1972.as amended;
The Americans with Disabilities Act, and with all applicable requirements
imposed by or pursuant to regulations implementing those laws, including but not
limited to 29 CFR part 34. The United States has the right to seek judicial en-
forcement of this assurance.
Q. Contractors and subcontractors of GJTO, SDAs,the sub-state grantees (SSG) and
their subgrantees, contractors and other subrecipients are expressly prohibited
from the exclusivity of patents,copyrights or trademarks on material that has been
developed with the use of federal or state funds. Such material is considered by
GJTO to be in the public domain.
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. this provision
is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted,and
otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building,road,
960822
b. When a construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from a state
or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident. If it is determined by the officer
responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be available or would otherwise be
inconsistent with requirements of Federal law, this subsection shall be suspended,but only to the extent necessary to prevent denial of the moneys or to eliminate the
inconsistency with Federal requirements(CRS 8-19-101 and 102).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution,and enforcement of this contract.
Any provision of this Contract whether or not incorporated herein by reference which provides for arbitration by any extra judicial body or person or which is otherwise in
conflict with said laws,rules,and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate
this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,defense,or otherwise. Any
provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution.
8. At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules,and regulations that have been
or may hereafter be established.
9. The signatories aver that they are familiar with CRS 18-8-301,et.seq.,)Bribery and Corrupt Influences)and CRS 18-8-401,et seq.,(Abuse of Public Office),and
that no violation of such provisions is present.
10.The signatories aver that to their knowledge,no state employee has any personal or beneficial interest whatsoever in the service or property described herein:
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
Contractor: Weld County
(Full Legal Name) WELD COUNTY, COLORADO STATE OF COLORADO
! -7j ROY ROMER,GOVERNOR
ia9!�►�_, 05 13/96
;BOARD OF COMMISSIONERS By
P-' 'o ;t`, CHAIR SPJffGURVEDIXECrOa
teq Rlb; _��:• 00813 Vickey Ricketts
ID.
o , ...,;. DEPARTMENT
OF GOVemrr't Job TrainingOffice
y 1� /1
� '��.a h—� I �-1L3L.�--� DEPUTY
Kai la County Clerk
APPROVALS
ATTORNEY GENERAL CONTROLLER
By By
Form 6-AC-02C
Revised 1/93 •
RPage_Q_ which is the last of.2Q pages
395-53-01-1030 'See instructions on reverse side.
*INSTRUCTIONS
(1)Insert official Department designations,e.g.,Administration,Local Affairs,etc.as appropriate
(2)Set forth company(ies)or individual(s)name(s)and address(es).
(3)Insert a brief statement indicating reasons for contract,e.g.,"The contractor having special knowledge,expertise,and skill in diagnosing and testing diseases affecting
cattle;and" Use as many"Whereas's"as required. If additional space is required continue to above words"NOW,THEREFORE:"and state"continued on page 2". On page
2,state"Whereas continued from Page 1"if required.
(4)Specify clearly the goods or services contracted for,the consideration moving from one party to the other,the time within the contract is to be executed limitations
or assignments,if any,and special provisions desired,or required. Seek legal assistance when in doubt Separate each principal item and number consecutively using as many
pages as necessary.
(5)If a delegee signs for the Executive Director place the words"FOR THE"before the word"Executive"
Autographic,as distinguished from stamped,signatures should,as a minimum,be affixed to the original,which will be filed by the Division of Accounts and Control,
and two counterparts,one of which shall be transmitted to the contractor. If there is more than one contractor a copy so signed will be sent to each,thus requiring additional
96 08.8-2:2,
bridge,viaduct,tunnel,excavation or other public work for this State,the contractor shall,before entering upon the performance of any such work included in this contract,
duly execute and deliver to the State official who will sign the contract,a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum
not less than one-half of the total amount payable by the terms of this contract Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful
performance of the contract and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any labor,materials,team hire,sustenance,provisions,
provender or other supplies used or consumed by such contractor or his subcontractor in performance of the work contacted to be done or fails to pay any person who supplies
rental machinery,tools,or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond,together with
interest at the rate of eight per cent per annum. Unless such bond is executed,delivered and filed,no claim in favor of the contractor arising under such contract shall be
audited,allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This
provision is in compliance with CRS 38-26-106.
INDEMNIFICATION
4. To the extent authorized by law,the contractor shall indemnify,save,and hold harness the State,its employees and agents,against any and all claims,damages,
liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor,or its employees,agents,subcontractors,
or assignees pursuant to the terms of this contract
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended,and other applicable law respecting
discrimination and unfair employment practices(CRS 24.34-102),and as required by Executive Order,Equal Opportunity and Affirmative Action,dated April 16, 1975.
Pursuant thereto,the following provisions shall be contained to all State contracts or sub-contracts.
During the performance of this contract,the contractor agrees as follows:
(a)The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin,sex,marital status,religion,
ancestry,mental or physical handicap,or age. The contractor will take affirmative action to insure that applicants are employed,and that employees are treated during
employment,without regard to the above mentioned characteristics. such action shall include,but not be limited to the following: employment upgrading,demotion,
or transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be provided by the contracting
officer setting forth provisions of this non-discrimination clause.
(b)The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive
consideration for employment without regard to race,creed,color,national origin,sex,marital status,religion,ancestry,mental or physical handicap,or age.
(c)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,notice
to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under the Executive Order,Equal Opportunity
and Affirmative Action,dated April 16,1975,and of the rules,regulations,and relevant Orders of the Governor.
(d) The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,
and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books,records,and accounts by the contracting agency and
the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules,regulations and orders.
(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or to expel any such individual from
membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race,creed,color,sex,national
origin,or ancestry.
(f) A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be discriminatory
or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder,or attempt,either directly or indirectly,to commit
any act defined in this contract to be discriminatory.
Form 6-AC-02B
Revised 1/93
395-53-01-1022
page Jj of pages
(g) In the event of the contractors non-compliance with the non-discrimination clauses of this contract or with any such rules,regulations,or orders,this contract may
be cancelled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures,authorized
in Executive Order,Equal Opportunity and Affirmative Action of April 16,1975 and the rules,regulations,or orders promulgated in accordance therewith,and such other
sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,or by rules,
regulations,or orders promulgated in accordance therewith,or as otherwise provided by law.
(h) The contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor purchase order unless exempted by rules,regulations,
or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16,1975,so that such provisions will be binding upon each subcontractor
or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct,as a means of enforcing such
provisions,including sanctions for non-compliance;provided,however,that in the event the contractor becomes involved in,or is threatened with,litigation,with the
subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State of Colorado to enter into such litigation to protect
the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8-17-101&102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are
financed in whole or in part by State funds.
960822
(el( MEMORAnDUM
Weld County Board Commissioners
To
Barbara J. Kirkmeyer, Chair Date May 10, 1996
COLORADO From Walter J. Speckman, Human Services Executive Director ?,4
subjet: Job Training Partnership Act Master Contract
Enclosed for Board approval is the Master Contract between the Governor's Job
Training Office and the Weld County Division of Human Services, through the
Board of Weld County Commissioners, to enable Weld County to operate various
programs and expend funds under the Job Training Partnership Act.
The Contract covers the period of July 1, 1996 through June 30, 1999. The
Contract covers various procedures, rules, and regulations for administration
of the programs.
If you have any questions, please telephone me at 353-3800, extension 3317.
960822
Hello