HomeMy WebLinkAbout971052.tiffRESOLUTION
RE: APPROVE MASTER CONTRACT FOR JOB TRAINING PARTNERSHIP ACT
BETWEEN HUMAN SERVICES, EMPLOYMENT 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, Employment Services, and the Governor's Job Training Office, commencing July 1,
1997, 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 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, Employment 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 2nd day of June, A.D., 1997.
ATTEST:
Weld Coun
BY:
AP
Deputy Clerk
AS % FORM:
ouhty Attor ey
W. H. Webster
6e #5531
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLQRAD.C�
George'E. Baxter, Chair
ance L. Harbed. Pro-T,am
Dad K. Hallcie
/ arbara J. Kirkmeyer
971052
HR0068
Department or Agency No.: KAA Contract RoutingNo.. 98-1021
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
This INTERGOVERNMENTAL MASTER CONTRACT
is made this Mk day of mn , 1997 by and between:
THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY
915 10th Street
P.O. Box 758
Greeley, Colorado 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 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;
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Department or AgencyNo.: KAA Contract Routing No.. 98-1021
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
WHEREAS, Section 101(a)(1) of the JTPA requires the designation of Service Delivery Areas (SDA) by 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;
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, and Organizational Unit Code 4111 under Contract Encumbrance Number
9801021 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. 1997. The
initial term of this Contract shall commence on July 1. 1997 and end on June 30.2000.
B DEFINITIONS. A list of definitions applicable to this Contract is attached hereto as "Attachment
1" and by this reference is incorporated herein.
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Department or Agency No.: KAA
(Describe Subject Matter of Contract)
Contract Routing No.: 98-1021
This is a legal document. Legal counsel should be consulted before signing.
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.
I . 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 96-97 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 (PY97) funds to the SDA for activities
pursuant to the approved 96-97 Plans referenced above.
C. In addition to the funds provided for the basic grant activities identified in the
approved 96-97 Plans, the State may provide additional PY97 funds to the
Contractor for the following activities:
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(6)(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 JTPA, 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.
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Department or Agency No.: KAA Contract Routing No.: 98-1021
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
2. MAXIMUM FUNDING.
A. The State shall provide the Contractor an amount not to exceed ONE
MILLION, ONE HUNDRED. NINETY-SIX THOUSAND. THREE
HUNDRED. FORTY-SIX DOLLARS ($1,196,346) 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, 1997, 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 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:
1. Type of funds identified in the "Allowable Programs" section of this
Contract, which the Contractor is requesting;
2. Period of Performance;
3. Program/Project Name;
4. Scope of Work;
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Department or Agency No.: KAA Contract Routing No.: 98-1021
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
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: 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.
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Department or Agency No.: KAA Contract Routing No.: 98-1021
(Describe Subject Matter of Contract)
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), I04(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 I04(c) ofJTPA, as amended.
7. ANNUAL REPORT. The Contractor shall submit an annual report by September 30 of
each year as required by Section 104(6)(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;
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Department or Agency No.: KAA Contract Routing No.: 98-1021
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
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.
A statistical breakdown of women trained and placed in nontraditional
occupations, including information regarding:
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,
S. retention of the participant in nontraditional employment.
8. EXHIBITS. The terms and conditions contained in the PY97 JTP are by this reference,
incorporated herein. Exhibits A, B, C, and D attached hereto, are incorporated and made
a part hereof. These exhibits are:
Exhibit A - PY97 JTP
Exhibit B - PY97 II -B SYETP
Exhibit C - PY97 EDWAA Substate Plan
Exhibit D - EA model commitment document
Page 7 of 38
Department or Agency No.: KAA Contract Routing No.: 98-1021
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
D. EOUAL EMPLOYMENT OPPORTUNITIES/AFFIRMATIVE ACTION
1. EOUAL 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 administration of or in any program
funded under this Contract because of race, color, creed, national origin, age, sex, ethnic
background, religion, disability, or political affiliation or belief. The Contractor shall be
governed by the prohibitions against discrimination on the basis of age under the Age
Discrimination in Employment Act of 1975, on the basis of disability under Section 504
of the Rehabilitation Act, on the basis of sex under Title IX of the Education
Amendments of 1972, or on the basis of race, color, or national origin under Title VI of
the Civil Rights Act of 1976. Programs and activities funded under the Civil Rights Act
of 1976 are considered to be programs receiving federal financial assistance and are all
subject to all provisions of EEO.
K 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.
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.
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Department or Agency No.: K4A Contract Routing No.: 98-1021
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
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.
G. 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:.
Page 9 of 38
Department or Agency No.: KAA Contract Routing No.: 98-1021
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
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.
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 termina-
tion. 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.
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.
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Department or Agency No.: KAA Contract Routing No.: 98-1021
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
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
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 completedand 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.
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Department or Agency No.: KAA Contract Routing No.: 98-1021
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
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.
H. 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-AD5. All such records shall be sufficient to allow the
U.S.D.O.L., independent firms conducting audits ofJTPA 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,
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.
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Department or Agency No.: KAA
Contract Routing No.: 98-1021
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
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 REOUIREMENTS. 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) and, revised OMB
Circular A-133. 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) and
revised OMB Circular A-133, 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. 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 institute policy and procedures for its
lower tier subrecipients that comply with these audit provisions.
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 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).
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Department or Agency No.: KA q
Contract Routing No.: 98-1021
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
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.
A. 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.
I. SUBCONTRACTING. 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.
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Department or Agency No.: KAA Contract Routing No.: 98-1021
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
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.
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.
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Department or Agency No.: KAA Contract Routing No.: 98-1021
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
M. OTHER ASSURANCES.
I. COMPLIANCE WITH FEDERAL LAW. The Contractor assures that it will fully
comply 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
thereof, that results in a loss of employment for any employee of such
establishment at the original location.
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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 [C]) and is listed by the Environmental Protection Agency (EPA) or
is not otherwise exempt, the Contractor assures that:
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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
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. It 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.
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Department or Agency No.: KAA Contract Routing No.: 98-1021
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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.
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. FIDELITY BOND REOUIRED. Prior to the initial disbursement of funds to the
Contractor under this Contract, the Contractor 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 protect the
State against the loss of any money for any reason. Fidelity bonds for each such person
shall be in an amount equal to ten percent (10%) of the Contract Amount received from
the State. A copy of all current fidelity bond(s) shall be provided to the State on or
before July 1 of each year. If a fidelity bond for any person of the Contractor is canceled
or, coverage is substantially reduced, then the Contractor shall immediately notify the
State and the State shall not disburse any funds thereafter to the Contractor until the
State receives and acknowledges a written assurance from the Contractor that adequate
insurance coverage has been reacquired for any such person.
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9. 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.
10. 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.
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E. Pursuant to the Drug Free Work Place of 1988, 45 CFR Part 76, 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 49 CFR, Part 20, and JTPA Letter #90-12, relative to
Lobbying Certification.
11. COMPLIANCE WITH APPLICABLE FEDERAL ANTI -DISCRIMINATION
PROVISIONS. 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 that
JTPA-funded program or activity, comply fully with the nondiscrimination and equal
opportunity provisions of the JTPA, including the Nontraditional Employment for
Women Act of 1991, (NEWA); Title VI of the Civil Rights Act of 1964, as amended;
Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination in
Employment Act of 1975, as amended (ADEA); Title IX of the Education Amendments
of 1972, as amended; the Americans with Disabilities Act, as amended (ADA); and with
all other applicable requirements imposed by or pursuant to regulations implementing
those laws, including but not limited to: 29 CFR part 34. The Contractor acknowledges
that the United States has the right to seek judicial enforcement of this section of this
Contract.
12. EXCLUSION FROM 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 excluded from the
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.
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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.
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 REOUIRED 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 REOUIRED 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.
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4. INSURANCE (MINIMUM REQUIREMENTS FOR ALL CONTRACTS). The
Contractor shall procure, at its own expense, and maintain in effect for the duration of
this Contract, the following insurance coverages:
A. If the Contractor is a "public entity" within the meaning of the Colorado
Governmental Immunity Act ("CGIA"), section 24-10-101, et seq., 10A C.R.S.,
as amended, then the Contractor shall at all times during the term of this
Contract maintain such liability insurance, by either commercial policy or self-
insurance, as is necessary to meet its liabilities under the CGIA. Upon request
by the State, the Contractor shall show proof of such insurance to the State.
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.
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.
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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.
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B. As authorized by 49 C.F.R. 18.34, 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 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. Removal from further work on the Contract those employees of the Contractor
whom the State believes, in good faith, are incompetent, unsatisfactory,
insubordinate, or otherwise unsuitable, or whose continued performance under
this Contract is deemed by the State in good faith, to be contrary to the public
interest or the interest(s) of the State.
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D. 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.
E. Terminate this Contract immediately 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.
1I. TERMINATION FOR CONVENIENCF.
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.
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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) calendar 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 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;
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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 services.
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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.
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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 below
are hereby designated as representatives of the respective parties to this Contract. Either
party may, from time to time, designate in writing new or substitute representatives.
CONTRACTOR:
Linda L. Perez
(Name of Contact Person)
Mi rector
(Title, if any)
EmploymentServices of Weld County
(Name of Company)
1551 N. 17th Avenue -P.O. Box 1805
(Street Address)
Greeley, CO 80632
(City, State & Zip Code)
(970) 353-3800 x3363
(Telephone Number)
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
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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
deposit 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:
Linda L. Perez
(Name of Contact Person)
Director
(Title, if any)
Employment Services of Weld County
(Name of Company)
1551 N. 17th Avenue - P.O. Box 1805
(Street Address)
Greeley, CO 80632
(City, State & Zip Code)
(970) 353-3800 x3363
(Telephone Number)
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
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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.
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.
Page 32 of 38
Department or Agency No.: KAA Contract Routing No.: 98-1021
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
23. SURVIVAL OF CERTAIN CON TRACT 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 the
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
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.
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.
' 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 33 of 38
Department or Agency No.: KAA Contract Routing No.: 98-1021
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
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-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, 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
38-26-106.
INDEMNIFICATION.
4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless
the State, its employees and agents, against any and all claims, damages, liability and court
awards including costs, expenses, and attorney fees incurred as a result of any act or omission by
the contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this
contract.
Page 34 of 38
Department or Agency No.: KAA Contract Routing No.: 98-1021
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
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,
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, 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.
Page 35 of 38
Department or Agency No.: KAA Contract Routing No.: 98-1021
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
(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
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.
Page 36 of 38
Department or Agency No.: KAA Contract Routing No.: 98-1021
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
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.
Page 37 of 38
Department or Agency No.: KAA Contract Routing No.: 98-1021
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
IN WITNESS WHFREOF, the parties hereto have executed this Contract on the day first above
written.
CONTRACTOR:
BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY
By:
By:
George E. Baxter
(Name of Person signing Contrac
Chairman
Weld County Board o
(Title)
FEIN:
Att anon
ul,A'1a
Corporate Secretary or Equivale t
DEPARTMENT OF LAW
COLORADO ATTORNEY GENERAL
Gale A. Norton, Attorney General
James E. Martin
Assistant Attorney General
State Services Section
APPROVALS:
STATE:
STATE OF CO o RADO
Roy Romer, Gove nor
maw
Executive Director
Department of
Labor and Employment
DEPARTMENT OF PERSONNEL
OFFICE OF THE STATE CONTROLLER
Clifford W. Hall, State Controller
By:
Page 38 of 38
Melvin Madden
State Controller Designee
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. CITIZENSHIP - All participants must be citizens or nationals of the United States, lawfully
admitted permanent resident aliens, lawfully admitted refugees and parolees, or other
individuals authorized by the Attorney General to work in the United States [Section
1 67(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.
H:I USERSICNIBO/LRPLnDEFIN!]1.MST
Page 1 of 7
7. ECONOMICALLY DISADVANTAGED - The term "economically disadvantaged" means
an individual who:
(A)
(B)
receives, or is a member of a family which receives, cash welfare payments under a
Federal, State or local welfare program;
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. 11302);
(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.
H: I USERSICNIBOILR PLT UEFIN!17.MVT
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.
ALIMONY
H:IUSERSICNTBO!LR PLDDEF/NIIIAST
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 sale 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.
H:IUSERSICNIBO!LRPLTIDEFIN1TLA ST
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 a job within the past 4
weeks prior to application, and who was available for work during the 7 consecutive days
prior to application. Also included as unemployed are those who did not work, and
(a) were waiting to be called back to a job from which they had been laid off, or
(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).
H:IOCFQ t1 CNTBOILK PL II DFFIMT1. MST
Page 5 of 7
(c)
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 or 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 is 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 termination/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);
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;
H:IUSFRS CHTBOHRPLIIDFFIMI7.MST
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 Tide 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 631.3(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).
H: I USERSICNIBOILR PLTOFFINI ]ZMT
Page 7 of 7
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 1. above.
4. Notifying an employee in the statement required by paragraph 1. 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.
Page 1 of 2
Attachment 2
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 of a drug related criminal statute, which violation occurred at the
Contractor's workplace. Such notice by 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 I. 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.
By:•
*' r
Signa re °(%h,
George E. Baxter
Typed Name
Chairman, Weld County Board of Commissioners
Typed Title
Page 2 of 2
Exhibit D
Page 1 of 13
EXPENDITURE AUTHORIZATION (EM REQUEST/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:
H: tlISERRICATBOILRPL IIMAS7FRSDALEXHIB/]D MC
5/12/97
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)
Name and Title (Typed above)
SDA Director Signature (Above) Date (above)
Name and Title (Typed above)
CDLE Director Signature (above) Date (above)
Name and Title (Typed above)
BY
APPROVALS:
STATE CONTROLLER
CLIFFORD W. HALL
Name (Typed)
State Controller Delegate
MIUSFRSICMgUILRPLTMASTERSDAIDINIBI DAIC
5/11/91
Exhibit D
Page 3 of 13
EXPENDITURE AUTHORIZATION (EA) 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) REQUESTED (Narrative):
IV. REVISED GOALS AND OBJECTIVES, OUTCOMES, ETC.:
V. RATIONALE FOR MODIFICATION(S):
VI. BUDGET INFORMATION SUMMARY MODIFICATION
As applicable.
VII. SPECIAL CONDITIONS:
MIUSERSICN/BOILRPLMUS!£RSDAIFXN/B/1DAC
5/1297
Exhibit D
Page 4 of 13
EXPENDITURE AUTHORIZATION MODIFICATION
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 Modification 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)
Name and Title (Typed above)
SDA Director Signature (Above)
Date (above)
Name and Title (Typed above)
CDLE Director Signature (above) Date (above)
Name and Title (Typed above)
BY
APPROVALS:
STATE CONTROLLER
CLIFFORD W. HALL
Name (Typed)
State Controller Delegate
H:IUSEJSICHBOILRPLrIas ERSDAIEUBB/W i
5/12/97
Exhibit D
Page 5 of 13
SDA
BUDGET INFORMATION SUMMARY (BIS)
(Title II -A and II -C)
SDA: Title of Funds:
Period of
Performance: From:
To: Year of Funds:
Reference Code: VAX #:
Original Allocation $
Transfer In (+)
Transfer Out (-) To Title
Adjusted Total $
From Title
COST CATEGORY
SDA
CBO 90/10
TOTAL
PERCENT
Administration
$
Code
Direct Training
$
Code
Training Related & Support
$
Code
TOTAL
$
TOTAL PERCENT
H:IUSERSICNBO/LRPL7IMAS ERSDAIPXH/BITDAC
5/12/97
Exhibit D
Page 6 of 13
SDA
BUDGET INFORMATION SUMMARY (BIS) MODIFICATION
(Titles II -A and II -C)
SDA:
Period of
Performance: From:
Reference Code:
Original Allocation
Transfer In (+)
Transfer Out (-)
Adjusted Total
To:
From
To
Title of Funds:
Year of Funds:
VAX #:
(Title)
(Title)
COST CATEGORY
ORIGINAL
MODIFICATION
TOTAL
°/0
Administration
SDA
Direct Training
SDA
Training Related
& Support
SDA
Administration
CBO
90/10
Direct Training
CBO
90/10
Training Related
& Support
CBO
90/10
TOTAL
TOTAL PERCENT
H: IOSFRS1CNTdO/LRPLMUSTFJtSDAEA711B17DJ.fC
5/12/97
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:
Original Allocation $
Transfer Out (-) To:
Transfer In (+)
Adjusted Total $
From:
VAX #:
Title
Title
COST CATEGORY
TOTAL
PERCENT
Administration
$
Code
Training and
Supportive Services
$
Code
TOTAL
$
H:IUSPRSICNIBOILAPLMLIS7ERSOAIPXHBLIDj
5/12/97
Exhibit D
Page 8 of 13
SDA
BUDGET INFORMATION SUMMARY (BIS) MODIFICATION
(Tide II -B)
SDA:
Period of
Performance: From:
Reference Code:
Original Allocation
Transfer Out (-)
Adjusted Total
To:
N:IUSFRSICNJgp/LRPLMAS%FRSDAIFXN/B117:21A•
Title of Funds:
Year of Funds:
VAX #:
To (Title)
5/12/97
Exhibit D
Page 9 of 13
BUDGET INFORMATION SUMMARY
FOR ECONOMIC DISLOCATION AND WORKER ADJUSTMENT ASSISTANCE ACT
Contractor: Title Code: F
Program/Project: Year of Funds: 97
Period of Performance: From 7/1/97 To 6/30/99
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
MIUSFRSICABOILRPLIINASIFRSDAIFXIIIBITDAC
5/1297
Exhibit D
Page 10 of 13
BUDGET INFORMATION SUMMARY (BIS) MODIFICATION
SDA/Contractor:
Program/Project:
Original
Period of Performance:
Revised
Period of Performance:
Date Processed:
From
To
From
To
Change in Number of Persons to be Served [+ - (_)]
Title of Funds:
Year of Funds:
Title Code:
Reference Code:
VAX #:
Mod #:
LINE ITEM
CODES
LINE ITEM
DESCRIPTION
CURRENT
BUDGET
CHANGES
+ (-)
REVISED
TOTAL
TOTAL
* The Date Processed line will be completed by CDLE's Financial Management Unit
IL IUSF/t51CNBOILKPL IWASTFRSDAI FXH/BfID Ac
5/12/97
Exhibit D
Page 11 of 13
PLANNED PARTICIPATION AND TERMINATION SUMMARY
1ST
QUARTER
2ND
QUARTER
3RD
QUARTER
4TH
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
Sa. ENTERED UNSUBSIDIZED EMPLOYMENT
8a1. TRAINING RELATED
8a2. NON-TRAD FOR WOMEN
8a2i. TRAINING RELATED
8a3. ATTAINED ENHANCEMENT
Sb. 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
XT/A
PLANNED PROGRAM ACTIVI
1ST
QUARTER
2ND
QUARTER
3RD
QUARTER
4TH
QUARTER
10. BASIC SKILLS TRAINING
10a. GED OR EQUIVALENT
11. OCCUPATIONAL SKILLS TRAINING
I la. PAID OCCUPATIONAL TRAINING WAVE
12. OJT
13. WORK EXPERIENCE
14. NON-TRAD TRAINING
15. JOB SEARCH
HAUSFRS1CVTBOHRPLIWASTER.SDAIFXH/BMIMC
5/1147]
Exhibit D
Page 12 of 13
PROJECTED QUARTERLY EXPENDITURE FORM
EXPENDITURES
1st Quarter
Projections
_ to _
2nd Quarter
Projections
_ to ___
3rd Quarter
Projections
_ to _
4th Quarter
Projections
_ 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 CEO
INSTRUCTIONS
This form is to be completed using projections of actual Title II-AB/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.
H IU.SERSIGITBOILMYTNA}TFRSDAIEJOIMITIJAC
5112/97
Exhibit D
Page 13 of 13
PROJECTED QUARTERLY SERVICE/EXPENDITURE FORM FOR EDWAA
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
N:IUSFR51OVISOILRPLMIAVFASIMIEXHIB/TDAC
5/12/97
COLORADO
a:tr,
mEmoaAnuum
Weld County Board of Commissioners
To George E. Baxter, Chairman Date , May 22, 1997
From Walt Speckman, Executive Director
sa,act.Department of Labor and Employment Master Contract
Enclosed for Board approval is the Master Contract between the Department of Labor and
Employment and the Weld County Division of Human Services' Employment 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, 1997 through June 30, 2000. 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
971052
Hello