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Home My WebLink About951059.tiffRESOLUTION RE: APPROVE JOB TRAINING PARTNERSHIP ACT MASTER CONTRACT BETWEEN HUMAN SERVICES AND GOVERNOR'S JOB TRAINING OFFICE AND AUTHORIZE CHAIRMAN 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 Job Training Partnership Act Master Contract between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of Weld County Division of Human Services, and the Governor's Job Training Office, commencing July 1, 1995, and ending June 30, 1998, 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 Job Training Partnership Act Master Contract between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of Weld County Division of Human Services, and the Governor's Job Training Office be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 24th day of May, A.D., 1995. BOARD OF COUNTY COMMISSIONERS LD COUNTY, CO}.ORAPO ePuty Cle V' to the Board APPROV AS TO FORM; hty Attorney W. H. Webster e ti //SJ 57'cO K. Hall, Chairman Barbaj? J. Kirkmeyer, y t George E Baxter Constance L. Harbert f Y7tLz-/o4 951059 HR0065 Agency # E E A Routing # Contract # MASTER CONTRACT THIS CONTRACT, made this 5th day of May, 1995, effective July 1, 1995 by and between the State of Colorado, represented by the Governor's Job Training Office, hereinafter referred to as GJTO, or the State, and Weld County, hereinafter referred to as the Contractor. WHEREAS, authority exists in the Job Training Partnership Act (JTPA) of 1982, also known as P.L. 97-300, as amended, and in the Economic Dislocation and Worker Adjustment Assistance Act (EDWAA) and the Governor has received a grant of federal funds thereunder; and WHEREAS, the JTPA (Section 101[a][1], requires the designation of Service Delivery Areas (SDAs) by the Governor; and WHEREAS, Executive Order D0010 83 of March 15, 1983, has designated this SDA in accord with JTPA: and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, contract authority for Weld County resides in the Weld County Board of County Commissioners; and WHEREAS, authority exists in the law and funds have been budgeted, appropriated, and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 100, Appropriation Number _, Contract Encumbrance Number ; and WHEREAS, the Contractor has selected the entity which will receive and administer funds from the state in accordance with Section 104(b)(1) and (2) of the JTPA. NOW THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties enter into the following agreement: H:\USERS\SPU\HALLIBUR\SXXWELU.MAS Page 1 of 20 I. DEFINITIONS A list of definitions to be used in the interpretation of this Contract is attached hereto as Attachment 1 and by this reference is incorporated herein. II. STATEMENT OF WORK The Contractor agrees to perform, in a professional and workmanlike manner, the obligations and responsibilities set forth in the "Allowable Programs", Section II.A of the Contract. A. Allowable Programs A.1 The Contractor and its administrative entity have prepared a two-year Job Training Plan (JTP) and a II -B Plan in accordance with Section 104 of JTPA, and an EDWAA plan in accordance with Section 311 of JTPA. The 94-95 JTPs, by this reference are hereby incorporated and made part of this Contract as if fully set forth herein. A.2 GJTO shall provide funds to the SDA for activities pursuant to the approved JTP referenced in Section II.A.1. A.3 In addition to the funds provided for the basic grant activities identified in the approved JTPs, GJTO may provide funds to the Contractor for the following other activities: A.3.a Training programs for older individuals (those individuals 55 years or older), (Section 124 of JTPA); A.3.b Incentive grants for superior performance, training and technical assistance for staff and for serving hard to serve individuals (§ 202(6)(1)(B) JTPA, as amended); A.3.c Training programs for dislocated workers (§ 301 and 302 of JTPA, as amended), as specified by EDWAA; A.3.d Services for groups with special needs and exemplary models pursuant to joint agreements (§ 501 (a) of JTPA, as amended); A.3.e Amendments and modifications of allocated funds pursuant to § 109 and 202 (b) of the JTPA, provided to the contractor; and N:\USERS\SPU\NALLLBUR\5XXNELU.HAS Page 2 of 20 A.3.f Other funds for employment and training -related programs. A.4 GJTO shall provide funds for Summer Youth Employment and Training Programs in accordance with Part B, Section 251 of JTPA, if such activities are not originally included in the JTP by the Contractor. B. Maximum Funding B.1 GJTO shall provide the Contractor an amount not to exceed Two Million, Thirty Thousand, Three Hundred Eighty -Nine Dollars ($2,030,389) of funds awarded to the State of Colorado for activities identified in Section ILA for the period of July 1, 1995 to June 30, 1998. B.2 Funds authorized to be expended by the Contractor will be limited to authorized funding received from the Department of Labor or other sources. The authoriza- tion to spend funds may be provided to GJTO in increments. Therefore, GJTO shall limit the amount requested by the Contractor for each Expenditure Authorization (EA) to the amount in the GJTO Notice of Fund Availability. C. Expenditure Authorization Procedures C.1 Prior to the expenditure of any funds identified in Section II.B above, an EA or JTP must be submitted by the Contractor and approved by GJTO. C.2 An EA is a document prepared by the Contractor which shall include the following: C.2.a Type of funds identified in Section II.A of this Contract, which the Contractor is requesting; C.2.b The Scope of Work to be performed by the Contractor: C.2.c Period of Performance; C.2.d A budget or budgets submitted on forms provided by GJTO. A separate budget will be required for each type of funding received by the Contractor, such as, but not limited to, those programs identified in Section II.A above. C.2.e Special Provisions; and N:\USERS\SPU\MALLLBUR\SX%WBLD.MAS Page 3 of 20 C.2.f Signature page signed by the Private Industry Council (PIC) Chair, Local Elected Official (LEO), the SDA Director, and GJTO; if the total amount of the EA is One Hundred Thousand Dollars ($100,000) or more. The PIC may authorize the SDA Director to sign in lieu of the PIC Chair for EAs of less than One Hundred Thousand Dollars ($100,000). The Contractor must comply with its own internal signature process. Should the internal signature process be more restrictive than this provision, it will prevail. C.3 The Contractor may include EA provisions (C.1 and C.2) in its subcontracts. Upon approval by GJTO of the Contractor's EA policy and procedures for its subcontractors, GJTO shall be a third party beneficiary of such provisions. The Contractor shall be obligated to GJTO for the enforcement of such provisions. D. Modification Procedure for EA Budget The Contractor may modify the EA and its budget in accordance with GJTO policies and procedures with prior approval of both PIC and GJTO. E. Property To purchase property with JTPA funds, a Property Requisition and Authorization Form (PRAF) must be submitted to, and processed by, GJTO. See Paragraph VI, General Provisions. F. Duration The JTPs shall remain in full force and effect for the entire Contract period, unless changes in labor market conditions, funding, or other factors require substantial modifications as provided in Section 104(c) of JTPA. Such a modification would require an amendment to this Contract. G. Annual Report The Contractor shall submit an annual report by September 30, each year as required by § 104 (b)(13) of the JTPA, as amended. The report shall include: G.1 A description of activities/services conducted during the program year for Title II -A, II -C, Title III, and 5% Older Worker programs. R:\USERS\SPU\RALLIBUR\ 5XXWELD.MAS Page 4 of 20 O.2 A list of client characteristics and the number of each served; G.3 A list of occupations in which training took place and the number of participants in each. G.4 A summary of the SDA's performance in meeting federal/state standards; G.5 Status of coordination agreements and description of innovative coordination taking place which would be of special interest to other SDAs, the Job Training Coordinating Council, and the Governor; G.6 An evaluation of service providers which includes ability to meet performance goals, cost, quality of training, and characteristics of participants; and G.7 A summary of the Contractor's monitoring of subrecipient contracts, corrective actions taken, and the results of such corrective actions. G.8 Information on the extent to which the service delivery area has met the goals of the area for the training and training -related placement of women in nontraditional employment and apprenticeships; and G.9 A statistical breakdown of women trained and placed in nontraditional occupations, including information regarding - - G.9.a the type of training received, by occupation; G.9.b whether the participant was placed in a job or apprenticeship, and, if so, the occupation and wage at placement; G.9.c the age of the participant; G.9.d the race of the participant; and G.9.e retention of the participant in nontraditional employment. If changes in labor market conditions, funding or other factors require substantial deviation from an approved job training plan, the private industry council and the appropriate chief elected official or officials (as described in section 103(c)) shall submit a modification of such plan (including modification of the budget under subsection (b)(6)), which shall be subject to review in accordance with section 105, JTPA § 104(c), and § 104(b)(13)(E). H:\USERS\SPU\HALLIEUR\5XXWELD.MAS Page 5 of 20 H. Exhibits The terms and conditions contained in the PY 95 JTP are by this reference, incorporated herein. Exhibits A, B, and C attached hereto, are incorporated and made a part hereof. Exhibit A - PY 95 JTP Modification Exhibit B - PY 95 II -B SYETP Exhibit C - PY 95 EDWAA Substate Plan III. _PERIOD OF PERFORMANCE The period of performance shall be from July 1, 1995 to June 30, 1998. IV. GENERAL PROVISIONS The Contractor agrees to perform in accordance with, and to comply with, the General Provisions, attached to this Contract, and by this reference hereby incorporated into this Contract. V. SPECIAL PROVISIONS The Contractor agrees to perform in accordance with, and to comply with, the Special provisions attached to this Contract. VI. EOUAL EMPLOYMENT OPPORTUNITIES/AFFIRMATIVE ACTION A. Equal Employment Opportunity Requirements The Contractor shall insure Equal Employment Opportunities (EEO) to all individuals and shall take Affirmative Action (AA) to insure adequate utilization of members of protected classes of workers who have been victims of past discrimination. EEO shall mean that no individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the adminis- tration of or in any program funded under this section because of race, color, or national origin, age, handicap, or political affiliation or belief. Contractors shall be governed by the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975, on the basis of handicap under Section 504 of the Rehabilitation Act, on the basis of sex under Title IX of the Education Amendments of 1972, or on the basis of race, color, or national origin under H:\USBRS\SPU\HALLIBUH\5XNHBLD.MAS Page 6 of 20 Title VI of the Civil Rights Act of 1976. Programs and activities funded under this Act are considered to be programs receiving Federal financial assistance and are all subject to all provisions of EEO. VII. CERTIFICATION REGARDING LOBBYING By signing this Contract, the undersigned certifies, to the best of his or her knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all *subawards at all tiers (including subcontracts, subgrants, and -contractors under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. *Note: "All" applies to covered contract/grant transactions over $100,000 (per OMB). H:\USERS\SPU\HALLIBURk5200VELD.KAS Page 7 of 20 GENERAL PROVISIONS I. LEGAL AUTHORITY The Contractor assures and guarantees that it possesses the legal authority to enter into this Contract. The person or persons signing and executing this Contract on behalf of the Contractor do hereby warrant and guarantee that they have been fully authorized by the Contractor to execute this Contract on behalf of the Contractor. II. PAYMENT CONTINGENCY The parties hereto expressly recognize that the Contractor is to be paid, reimbursed or otherwise compensated with funds provided to GJTO by the United States Department of Labor under the Job Training Partnership Act (JTPA) and/or Economic Dislocation and Worker Adjustment Assistance Act (EDWAA). Therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of such funds and upon GJTO continuing to receive such funds. If any part of the funds are not received by GJTO, for any reason, GJTO may unilaterally terminate this Contract, or, with the consent of the Contractor, modify the terms hereof. Insofar as this contingency affects the Contractor, subrecipients or suppliers, for mutual protection of the parties, the Contractor agrees to include this contingency in all its subcontracts. III. TERMINATION The performance of work under this Contract may be terminated by GJTO in accordance with this clause in whole or in part. A. GJTO may terminate this Contract when it has been determined that the Contractor has failed to provide any or all of the services specified or failed to comply with any Federal requirements or provisions contained within this Contract. GJTO will notify the Contractor of such unsatisfactory performance in writing. The Contractor has thirty (30) working days, unless otherwise specified in the notice, after receipt in which to respond with a written plan acceptable to GJTO for correction of deficiencies. If the Contractor does not respond within the appointed time with appropriate plans, GJTO shall serve a termination notice on the Contractor. B. GJTO may terminate this Contract if it is determined that the Federal or State Government has debarred or suspended the Contractor within a three year period preceding this Contract, or debars the Contractor during the term of this Contract, pursuant to 29 CFR 98 and 24-109-105 CRS. H:\USERS\SPU\HALLLBUR\5EXWELD.HAS Page 8 of 20 C. GJTO may request a termination of this Contract for convenience, giving a thirty (30) calendar day advance notice in writing of the effective date of such termination. The Contractor receiving notice shall be entitled to receive just and equitable compensation for any allowable services satisfactorily performed hereunder through the date of termination. D. GJTO may request in writing, a termination of this Contract when both parties agree that continuation of the services specified in Section II, Statement of Work, would not produce beneficial results commensurate with the further expenditure of funds. E. After receipt of a notice of termination, the Contractor shall: E.1 Stop work under the Contract on the date and to the extent specified in the notice iof termination. E.2 Place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such portion of the work already substantially performed under the Contract. E.3 Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. E.4 Assign to GJTO all of the rights, title and interest within the Contract. GJTO shall have the right, at its discretion, to settle or pay any or all claims arising out of the termination of this Contract. E.5 Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts in accordance with the provisions of this Contract. E.6 Transfer title of all Contract property to GJTO (to the extent that title has not already been transferred) and deliver in the manner and at a time specified by GJTO. E.7 Take such action as may be necessary or as may be directed, for the protection and preservation of the property related to this Contract which is in the possession of the Contractor and in which GJTO has or may acquire an interest. F. After receipt of a notice of termination, the Contractor receiving notice shall submit to GJTO its completed and acceptable fiscal closeout package in the form and with the certification prescribed by GJTO. Such closeout package shall be submitted promptly, but in no event later than two (2) months from the effective date of termination, unless one or more extensions in writing are granted by GJTO. H:\USERS\SPU\HALLIBUR\5XXHELU.HAS Page 9 of 20 G. The Contractor shall have the right to appeal any unilateral determination to terminate in accordance with JTPA. In any case, where GJTO has made a determination of the amount due, GJTO shall pay the Contractor the following: G.1 If there is no right of appeal hereunder or if no timely appeal has been submitted, the amount so determined by GJTO; or G.2 If an appeal has been submitted, the amount finally determined on such appeal. H. GJTO may, from time to time, under such terms and conditions as it may prescribe, make partial payments on account against costs incurred by the Contractor in connection with the terminated portion of the Contract whenever, in the opinion of GJTO, the aggregate of such payment shall be within the amount to which the Contractor will be entitled hereunder. IV. MANAGEMENT ACTIVITIES AND RECORD MAINTENANCE A. In addition to any requirements imposed elsewhere in this Contract, the Contractor shall ensure that sufficient, auditable and otherwise adequate records that will provide accurate, current, separate and complete disclosure of the status of the funds received under the Contract are retained for five (5) years. If a claim is instituted involving the grant or agreement covered by the records, the records shall be retained until resolution of the claim or litigation, or until the end of the 5 year period, whichever is later. Such records shall be sufficient to allow the U.S. Department of Labor, firms conducting audits of JTPA funds and GJTO to audit and monitor the Contractor. Accordingly, recipients/subrecipients shall maintain a copy of the Participant Record which records any participant's participation in the JTPA program, including dates of entry, eligibility, participation and termination and shall retain such records at least a minimum of five years. The time necessary to resolve litigation, audit or claim involv- ing the grant or agreement covered by the records, which was initiated prior to the end of the five-year retention period does extend the retention period. B. The Contractor shall ensure that it and its subrecipients will comply with the provisions of GJTO's Audit Policy and Procedures. If the Contractor receives over Twenty -Five Thousand Dollars ($25,000) of direct Federal financial assistance from GJTO within the Contractor's fiscal year, the Contractor shall submit an audit report in accordance with the Single Audit Act and OMB Circulars A-128 or A-133, whichever is applicable, to GJTO within 10 days of the Contractor's receipt from its auditors, but no later than one year after that fiscal year that was reported upon. The Contractor shall establish an audit committee that engages the independent auditor, determines the services to be performed, reviews the progress of the audit and the final audit findings, and intervenes in any disputes between management and the H:\USERS\SPU\HALLIBUR\SXXWELU.HAS Page 10 of 20 independent auditors. The contractor shall also institute policy and procedures for its lower -tier subrecipients that comply with these audit provisions. C. GJTO, the U.S. Department of Labor, GJTO's auditors and other representatives of GJTO shall, during business hours, have access to inspect and copy books, records, memoranda, correspondence, personnel staffing records, independent audit workpapers and any other documents, and shall be allowed to monitor and review through on -site visits, all program activities, personnel staff, services and programmatic and adminis- trative practices, supported with funds under this Contract to ensure compliance with the terms of this Contract, and provisions of any subcontracts funded in whole or in part through this Contract. D. The Contractor shall review the findings of GJTO or representatives and shall act promptly, as directed by GJTO, to remedy deficiencies noted in such findings. If corrective action is not taken and such deficiencies persist, GJTO may terminate this Contract. E. If corrective action requires repayment of JTPA funds expended for unallowable purposes, stand-in costs may be substituted for disallowed costs where: incurred during the same program year, paid for with non-federal funds and allowable under the same JTPA program title and cost category as amounts disallowed. The availability or use of stand-in costs must be reported to GJTO. F. In the event that GJTO determines that the recordkeeping system of the Contractor does not comply with Federal guidelines, financial accounting may be done by GJTO, or an accounting firm or bank approved by GJTO. The cost to GJTO of any work shall be deducted monthly from the funds allocated to the Contractor. V. SUBCONTRACTING The Contractor shall not subcontract the performance of any part of its duties in administration of the funds under this Contract except in accordance with the terms of this Contract or with the prior written consent of GJTO approving the subcontractor. VI. PROPERTY MANAGEMENT The Contractor and its lower -tier subrecipients shall comply with GJTO's property management procedures and all relevant JTPA Letters and Policy Guidance Letters (PGLS). The Contractor ensures that it will maintain proper inventory control over all nonexpendable supplies and property purchased with JTPA funds. H:\USERS\SPU\HALLISUR\SXXHSLD.HAS Page 11 of 20 VII. ASSIGNMENT The Contractor shall not assign this Contract to third parties without the prior written consent of GJTO approving both the assignment and the assignee. VIII. SEVERABILITY To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision hereof be declared invalid or become inoperative, such invalidity or failure shall not affect the validity of any other term or provision hereof The waiver of any breach of a term hereof shall not be construed as a waiver of any other term. IX. CHANGES IN STATEMENT OF WORK A. Modification by Operation of Law This Contract is subject to such modification as may be required by changes in federal or state law or regulations. Any such required modification shall be incorporated into and be part of this Contract as if fully set forth herein. B. Programmatic Modifications The Contractor shall follow the revision procedures set forth by GJTO. B.1 The Contractor must submit a written request to GJTO and obtain prior written approval for changes to the Statement of Work, the objective of the Contract, or dollar amount changes, B.2 In addition to the foregoing procedure, prior approval for such changes must be authorized by the State in an amendment to this Contract properly executed and approved in accordance with applicable law under the following circumstances: B.2.a When an increase or decrease of Contract total is desired; and B.2.b When the Statement of Work or the objective of the Contract changes substantially, as determined by GJTO. Under such circumstances, GJTO's approval is not binding until the Contract amendment is executed. H:\USERS\SPU\HALLIBUR\5X%WELU.MAS Page 12 of 20 X. 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. XI. INTEGRATION OF UNDERSTANDINGS This agreement is intended as the complete integration of all understandings between the parties. No prior or current addition, deletion, or other amendment shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing that is executed and approved pursuant to the State Fiscal Rules and other applicable statutes and regulations. XII. ASSURANCES A. The Contractor assures that it will fully comply with the JTPA, regulations promulgated, and all other applicable federal and state laws, rules and regulations. B. The Contractor assures that in operating programs funded under the Act, it agrees to comply with all GJTO issuances and directives, such as JTPA letters and PGLs. C. The Contractor assures that it will administer its programs under the JTPA in full compliance with safeguards against fraud and abuse as set forth in JTPA and the JTPA regulations. D. The Contractor agrees to abide by the provisions of Section 144 of the JTPA which concerns grievance procedures. Further, the Contractor agrees to follow Federal Regulations governing grievance resolution of all complaints, including those based on disabilities, but excluding complaints alleging discrimination. All discrimination complaints except those based on disability must be filed initially at the U.S. Director- ate of Civil Rights. Finally, the Contractor agrees to follow all pertinent Governor's policy issuances concerning grievance procedures. E. No funds provided under this Act shall be used or proposed for use to encourage or induce the relocation, of an establishment or part thereof, that results in a loss of employment for any employee of such establishment at the original location. No funds provided under this Act shall be used for customized or skill training, on-the- job training, or company specific assessments of job applicants or employees, for any establishment or part thereof, that has relocated, until 120 days after the date on which X:\USSRS\SPU\HALLIBUR\5YXWELD.HAS Page 13 of 20 such establishment commences operations at the new location, if the relocation of such establishment or part thereof, results in a loss of employment for any employee of such establishment at the original location (JTPA Section 141(c)). F. The Contractor assures and certifies that in administering programs under JTPA: F.1 It will comply with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (P.L. 91-646) which requires fair and equitable treatment of persons displaced as a result of Federal and Federally -assisted programs. F.2 It will comply with the provisions of the Hatch Act, where applicable, which limit the political activity of certain State and local government employees. F.3 For grant, subgrants, contract, and subcontracts in excess of One Hundred Thousand Dollars ($100,000), or where the grant officer has determined that orders under an indefinite quantity contract or subcontract in any year will exceed One Hundred Thousand Dollars ($100,000), or if a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857-8) (c)(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 grantee assures that: F.3.a No facility to be utilized in the performance of the proposed grant has been listed on the EPA list of Violating Facilities; T'.3.b It will notify the Regional Administrator, prior to award, of the receipt of any communication from the Directors, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under con- sideration to be listed on the EPA list of Violating Facilities; and -F.3.c It will include substantially this assurance, including this third part, in every non-exempt subgrant, contract or subcontract. F.4 It will comply with appropriate labor standards as set forth in Section 143 of the JTPA (20 CFR 627.603 and 627.604); Y.5 All grievances concerning the conduct of the Contractor shall follow the grievance procedures set forth in 20 CFR 627.500 et seq; F.6 It will comply with the Child Labor laws; X:\USERS\SPU\BALLIBUR\5XXWEL0.KAS Page 14 of 20 F.7 It will comply with the Safety Standards of Occupational Safety and Health Act (OSHA); F.8 It will comply with the Davis Bacon Act; -F.9 It will comply with the Wagner-Peyser Act; F.10 It will comply with Part C of Title IV of the Social Security Act; f.11 It will comply with the Military Selective Services Act; F.12 It will comply with Section 665, Title 18, United States Codes; T.13 It will comply with the Fair Labor Standards Act of 1938; F.14 It will comply with the Colorado Revised Statutes Section 18-8-301 C.R.S., as amended (Bribery and Corrupt Influence); F.15 It will comply with Colorado Revised Statutes Section 18-8-401-408 C.R.S., as amended (Abuse of Public Office); and F.16 It will comply with PGL #93-02-AD1, Procurement Policy, where appropriate. G. The Contractor assures that it will comply with bonding and insurance requirements as follows: G.1 The Contractor shall maintain JTPA funds in cash depositories which have Federal Deposit Insurance Corporation (FDIC) coverage. When the Contractor's -account balance exceeds the FDIC maximum coverage on deposits, JTPA funds shall be collaterally secured on a daily basis. G.2 Upon written request to the Contractor being made by the State, the Contractor shall maintain during the life of the Contract Bodily Injury and Property Damage Insurance, acceptable to the State covering the services hereunder and all -operations in connection herewith, and whenever any of the services covered in the Contract is to be subcontracted, the Contractor shall obtain insurance coverage acceptable to the State, such as Contractor's Contingent or Protective Liability and Property Damage insurance to protect its interest and those of the State, if any. G.3 Whenever the work covered by the Contract shall involve the use of vehicular equipment, the Contractor shall maintain during the life of the Contract, Automotive Bodily Injury and Property Damage Insurance for business use with limits not less than One Hundred and Fifty Thousand Dollars ($150,000) personal H:\USERS\SPU\HALLIBUR\ 5XXWELU. HAS Page 15 of 20 liability to any one person in any one accident, Four Hundred Thousand Dollars ($400,000) for an injury to two or more persons in any single occurrence, and Four Hundred Thousand ($400,000) for property damage to protect the Contractor from any and all claims arising from the use of the following in the execution of the services included in the Contract: G.3.a Contractor's own vehicles; G.3.b Hired vehicles; G.3.c Vehicles not owned by the Contractors; and G.3.d The State shall not be in the policy as a named insured. G.4 Upon written request to the Contractor being made by the State, the Contractor shall maintain during the life of this Contract; Physical Damage or Loss Insurance protecting against loss caused by the perils of fire, smoke, theft, burglary, vandalism, and storm acceptable to the State, covering the services hereunder and all operations, equipment and materials furnished or used in connection therewith. The cash bond in an amount to be determined by the State may be given to meet this requirement as regards State property. G.5 Excepting the Insurance required by Paragraph G.2 above, one certified copy of the foregoing policies and three copies of a certificate evidencing the existence thereof shall be delivered to the State within twenty (20) days of such written request being made by the State. Certified copies of the policies required by said Paragraph G.2 and three copies of the certificate evidencing the existence thereof shall be delivered to the State before use of vehicular equipment is undertaken, as described in said Paragraph G.2. Each copy and certificate must bear the following special endorsement by the agent of the proposed insurance carrier; "This policy shall not be altered, materially changed or canceled without giving 15 days prior written notice, by certified mail, to GJTO." G.6 A valid receipt showing payment or obligation for the payment of the premium for all such insurance, accepting the insurance required by said Paragraph G.2, shall be submitted to the State by the Contractor when it provides the insurance documentation to the State for acknowledgement of receipt and adequacy by the proper State officials. Receipts showing payment or obligation, for the payment of premium for the insurance required by said Paragraph G.2 shall be submitted to the -State with the policies and certificated to which the receipts refer before use of the vehicular equipment involved is undertaken by the Contractor. H:\USERS\SPU\HALLIBUR\SXXWBLU.HAS Page 16 of 20 pi. The Contractor assures that it, and its subcontractors, shall comply with the Workmen's Compensation Act of Colorado and shall provide compensation insurance to protect the Contractor, its subcontractors and the State from and against any and all Worker's Compensation claims arising from performance of services under the Contract. The State shall be furnished, upon request, one copy of the certificate or certificates evidencing such insurance to be in effect. The Contractor assures that prior to the initial disbursement of funds to the Contractor it shall ensure that every officer, director, agent, or employee authorized to act on behalf of the Contractor in receiving or depositing funds into program accounts; or in issuing financial documents, checks, or other instruments of payment for program costs shall obtain a fidelity bond to provide protection against loss. The coverage shall be at least Five Hundred Thousand Dollars ($500,000). A copy of the current Fidelity Bond shall be provided to the State on or before July 1 of each year. If the fidelity bond of any employee of the Contractor is canceled or coverage is substantially reduced, the Contractor shall notify GJTO and GJTO shall not disburse any funds thereafter until GJTO receives and acknowledges assurance from the Contractor that adequate insurance coverage has been obtained. J. The Contractor assures that every reasonable course of action will be taken by the Contractor to maintain the integrity of this expenditure of public funds and to avoid any favoritism or questionable or improper conduct. The contract will be administered in an impartial manner, free from personal financial, or political gain. The Contractor, its executive staff and employees, in administering this Contract, will avoid situations whichgive rise to a suggestion that any decision was influenced by prejudice, bias, special interest, or personal gain. K. The Contractor assures and certifies that it and its principles: X.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; X.2 Have not, within a three-year period preceding this Contract, been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen proper- ty; H:\USERS\SPU\HALLIBUR\SXXWELD.MAS Page 17 of 20 K.3 Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any offenses enumerated in paragraph (K.2) of this certification; and K.4 Have not within a three-yearperiod preceding this Contact, had one or more public transactions (federal, state, or local) terminated for cause or default. Where the Contractor is unable to certify to any of the statements in this certification, such Contractor shall attach an explanation to this proposal. L. The Contractor certifies that pursuant to the Drug Free Work Place of 1988, 45 CFR Part 76, Subpart F, the Contractor will provide a drug -free workplace. M. The Contractor certifies that it will comply with 49 CFR, Part 20, and JTPA Letter #90-12, Lobbying Certification. N. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. 0. No funds available under this Act shall be used for employment generating activities, economic development activities, investment in revolving loan funds, capitalization of businesses, investment in contract bidding resource centers, and similar activities. No funds under title II or III of this Act shall be used for foreign travel. (JTPA, §141(q). P. As a condition to the award of financial assistance under JTPA from the Department of Labor, the grant applicant assures, with respect to operation of the JTPA-funded program or activity, and all agreements or arrangements to carry out the JTPA-funded program or activity, that it will comply fully with the nondis- crimination and equal opportunity provisions of the Job Training Partnership Act of 1982, as amended (JTPA), including the Nontraditional Employment for Women Act of 1991; title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; title IX of the Education Amendments of 1972, as amended; Tile Americans with Disabilities Act, and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including but not limited to 29 CFR part 34. The United States has the right to seek judicial en- forcement of this assurance. Q. Contractors and subcontractors of GJTO, SDAs, the sub -state grantees (SSG) and their subgrantees, contractors and other subrecipients are expressly prohibited from the exclusivity of patents, copyrights or trademarks on material that has been developed with the use of federal or state funds. Such material is considered by GJTO to be in the public domain. X:\USERS\SPU\HALLIBUR\SXXWBLU.MAS Page 18 of 20 SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. this provision is applicable to any contract involving the payment of money by the State. TUND AVAILABILITY 2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any such work included in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the contract and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, -provender or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106. INDEMNIFICATION 4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcontractors, or assignees pursuant to the terns of this contract. IMSCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit oflhe Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (CRS 24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub -contracts. During the performance of this contract, the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. (d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or to expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race, creed, color, sex, national origin, or ancestry. (f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contractor any order issued thereunder; or attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory. Form 6 -AC -02B Revised 1/93 395-53-01-1022 page 19 of 20 pages (t) In the event oft= aonn etas non oaerpliaroe with the ndWleeetloatlon doses otthlt contact or with any such nice, iciu1*bro• or orders, this contract may hi Ens led,lee tin, mod — pppeededornat end Sal mAnionof 1n Mole or in pat and Ma roan 975 =Mantles, la, mediate crass pmnedPrad In accoran therewi anbe declared ineligible for Oats St= caws= la accords= d suho�d ssBtious a may imp OPP�14' and Afibneive Action of April 16, 1975, or byrola, ch other trerloaaaragbebt4osdend nmtedksamaYbahwoledapmvldedml3imaNyeOrder, Equal OpPo�"IY -- regulations. or Mae promulgated in t000dance therewith, or esretssa a provided by law. (h) The eaeemrwil Include the provisions ofperagphs (gthiue (h) in nay sub mrtbnd and submouaotor purchase order alien cramp ad by rules. regtltrbal, word= toed pmtUSto ExecutiveWarbles'Opportunity sdAltonshe Amen of April 16.1975, mast =di provisions will be =tam co uponsuenfbcotti tor wvarcing such dor. The eotmuRah WOO will take suon with respells wh�oomdaor doringrims ostler a the osating agency may rlrect, psovsiai, indudia$ sendeas Poo non-compliance; provided, however, that in the mans the contractor becomes involved in or Is thnamned with, litigation with the m6oa tractor or vendor es a result of such direction by the oentaaing agency, the mmactormgy request the State orCobado to enter into such Upton to protect the Want of the State of Colorado. COLORADO LABOR PREFERENCE der. Provisions of CRS 1-17.101 a 102 thr pretence ofCoolordo labor me applicable to this contact if public works within the gate are unmask= heesader and are untied In whole or In pantry state tenar. b. When a oambtlokn contract breathe fleaam be sward= to a bidder, .rssidat bidder shell be allowed a preMence against anoniaddeta bidder hem suite or Maio country equal to the preference given or lamed by the state or ®,reign menay in which the nonheaidcnt bidder Is a resident. If It Is determined by the otfiea nopoosiblo for awarding the bld that compliance with this subseeden .06 may urns tof fetal tads which would Maas latent requirement with requireent of Federal law, this subsection stall bmoo y otherwise ld (Anise be to teen oeanay to prevent den= Mae moans oar to inMet= the inconsistency with Federal requirements (CRS 1-19-101 cad 102). GENERAL 7. The Inns of the Ste of Colorado and nda and regulations blued pursuant thereto shall be applied in the interpretation, execution and a nfwoe nent of this connect. Any provision of this Conrad whetter or not incorporated herein by ream= which provides for arbitration by any emra Judlciel body or person wwhich Is aberwise In ernidwith said laws, Wes, ad aemutaras shell be wondered null Ind void. Nathan embed in any provision i neorponned hereto by redbreree which purport to negate lids oar Man spode' provision In'Node or In part shell be valid orenraceable or meltable in any action at I'M whether by way of eomplof COMPIIIM Oafs wotherwise. Any pmvWan rendered null aid void by the n of the provision will not Invalidate the remainder of this contract to the extant that the oonnaa is capable of execution. 1. At all tunes during the pertemtaice of this contract, the Convector shall strictly adhere to all applicable faded aid oak laws, ales, and regulations that have been or may bait be established. 9. The signatori s aver that they are Sunlit: CRS IN -301, en, seq„ )Bribery and Corrupt Influencer) and CRS 11-H01. at. seq., (Abuae of Public Office). bud that no via dian of such provisions is present. 10. The signatories aver that to their knowledge, no state employee hes my personal or beneficial interest whatsoever in the service Or property described herein: IN WITNESS WREREOP, the parka hereto have executed this Contact on the day firs above written. Contactor. Weld Canty (Pull Laid Allah By A By A- .' ;:, bin tAASSEN8LJS , isdiant AttMfflO,GO MM Fawn-ARipsaw i;3 . -tier al Legal Services 39343414030 GENERAL • ,a, ` — (5/24/95) ntaTE RO Leslie S. Franklin DEPARTMENT OF Governoft Job Trade Office e BtaAd PPROVALS PnrivAt..ti: emnwiu.BR ,ATE CONTROLLER By Page a which U the Ent of SQ pagers *See instructions on ran sides. Attachment 1 DEFINITIONS 1. APPLICANT (an individuall - Person(s) seeking Job Training Partnership Act (JTPA) services who have filed a completed application and for whom a formal eligibility determination has been made. 2. CERTIFICATION Refers to the act of 1) attesting that the information provided by each JTPA individual as stated on an application form is true and correct; 2) Authorizing verification of this information; 3) stating penalties for falsification; and 4) 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 the 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 167(a)(5)]. 4. COMPLETION OF TRAINING - The participant has met or achieved the minimum prescribed period of training, as described in the training agreement in accordance with the Scope of Work of this Contract, and has attained the minimum level of performance or skill associated with the training activity (GJTO). 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. N:URA5l4WUWBzm MNE Page 1 of 8 A procurement instrument by which GJTO, 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 the Governor's Job Training Office, an SDA grant recipient or a subrecipient under the Act. One who contracts to do work for another. 7. ECONOMICAL SLY DISADVANTAGED - The term "economically disadvantaged means an individual who: (A) receives, or is a member of a family which receives, cash welfare payments under a Federal, State or local welfare program; (B) has, or is a member of a family which has, received a total family income for the six- month period prior to application for the program involved (exclusive of unemploy- ment 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) (E) (F) qualifies as a homeless individual under subsections (a) and (c) of section 103 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. Sec 11302); is a foster child on behalf of whom State or local government payments are made; This may include youth who have been made a ward of the court, including those in the following categories: Youth in state institutions youth in community group homes youth in Foster Homes 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 §4(g)). VRiRYNNAIfOIR100A'E Page 2 of 8 8. EMPLOYED - See Labor Force Status 8A. Employment - Employment for 20 or more hours per week for performance standards (JTPA §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 of employment goals must occur on the date of participation and is considered an initial program service. 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 §4(34)) 11. FAMILY INCOME - Determining gross family income is one of the most difficult tasks when determining and 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 unemploy- ment 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 Money wages and salaries before any deductions. Net receipts from non -farm self-employment (receipts from a person's own unincorporated business, professional enterprise, or partnership after deduc- tions for business expense). 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). KtltSER.MWGIfUURWDEFLV£ Page 3 of 8 Regular payments from social security, railroad retirement, strike benefits from union funds, worker's compensation, veteran's payments, and training stipends. Alimony. Military family allotments or other regular support from an absent family member or someone not living in the household. Pensions whether private, government employee (including military retirement pay). Regular insurance or annuity payments. College or university grants, fellowships, and assistantships. Dividends, interest, net rental income, net royalties, periodic receipts from estates or trusts. Net gambling or lottery winnings. EXCLUSIONS FROM INCOME Unemployment compensation Child support payments Welfare payments (including AFDC, SSI, RCA, and GA) Capital gains Any assets drawn down as withdrawals from a bank, the sale of property, a house or a car Tax refunds, gifts, loans, lump -sum inheritances, one-time insurance payments, or compensation for injury 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 (Title II Eligibility TAG) HAISERSWIIIHALLOWODEFINE Page 4 of 8 12. INDIVIDUAL WITH A DISABILITY FOR ELIGIBILITY: Those individuals evaluated and documented as being mentally retarded, hard of hearing, deaf; speech impaired, blind, visually impaired, seriously emotionally disturbed, orthopedically impaired, other health impaired, deaf -blind, multiple disabilities, or as having a developmental disability, chronic mental illness, major mental illness, organic brain syndrome, specific learning disabilities, who because of those impairments, need special education and/or related employment and training services. Adapted from the Education of All Handicapped Children Act (P.L. 94-142; Reg. 300.5.a). FOR PERFORMANCE STANDARDS: 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. NOTE: This definition will be used for performance standards purposes, but is not required to be used for program eligibility determination. (Federal Register, Vol. 57, no. 219) The term "individuals with disabilities" means more than one individual with a disability. (JTPA Sec. 4(10)(B)) 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 IIJSERASPIAILILLIBURIDERAZ Page 5 of 8 within the past 4 weeks prior to application, and who was available for work during she 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 immedi- ately 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) 14. (a) '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 convic- tion (JTPA, as amended). (b) Offender - Any adult or youth who requires assistance in overcoming •barriers to employment resulting from a record of arrest or conviction (excluding misdemeanors). This definition may be subject to change pending future regulations. 15. OLDER INDIVIDUAL - An individual age 55 or older. JTPA §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 NAUSSUISPUVLILIJOURVNEFINE Page 6 of'8 'apprenticeship program or the Armed Forces, and is employed for 20 or more hours per week. 18. SEL.FC 11VF 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. FT JGIBT.F. DIST.OCATED 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 entitle- ment to unemployment compensation, and is unlikely to return to his/her previous industry or occupation; (b) has been terminated or has received notice of termination of employment, as a result of any permanent closure or any substantial layoff at a plant, facility, or enterprise; (c) is long-term unemployed and has limited opportunities for employment or reemployment in the same or similar occupation in the area in which such individuals reside, including older individuals who may have substantial barriers to employment by reason of age; (d) %was self-employed (including farmers and ranchers) and is unemployed as a result of general economic conditions in the community in which he/she resides or because of natural disasters, subject to regulations prescribed by the Secretary of Labor. 21. 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 profes- sional 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. 22. 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: ftIC@i[ROWGIl21ANUL2 Page 7 of 8 (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). IIJSERSISPwE -Page 8 of 8 Ak, Wilic. COLORADO mEmORAnDU Weld County Board of Commissioners To Dale K. Hall, Chairman Date May 22, 19§5 - Fro. Walter J. Speckman, Human Services Executive Director Subject :Job Training Partnership Act Master Contract Enclosed for Board approval is the Master Contract between the Governor's Job Training Office and the Weld County Division of Human Services, through the Board of Weld County Commissioners, to enable Weld County to operate various programs and expend funds under the Job Training Partnership Act. The Contract covers the period of July 1, 1995, through June 30, 1998. The Contract covers various procedures, rules, and regulations for administration of the programs. If you have any questions, please telephone me at 353-3800, extenstion 3317. 951059 Hello