HomeMy WebLinkAbout971092.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL CONTRACT FOR SUMMER YOUTH PROGRAM
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 an Intergovernmental Contract for the
Summer Youth Program between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Department of Human
Services, Employment Services Division, and the Colorado Department of Labor and
Employment, commencing June 30, 1997, and ending August 15, 1997, 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 Intergovernmental Contract for the Summer Youth Program
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Human Services, Employment
Services Division, and the Colorado Department of Labor and Employment be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of June, A.D., 1997.
ATTEST:
Weld C
BY.
eputy ^�■...��a oard
APPROVED AS TO FORM:
ty ttor ey
/15
BOARD OF COUNTY COMMISSIONERS
WEL.�I. J{.-..'NTY, COLOjADO
Geo(lge E. Baxter, Chair
stance L. Harb9rt`,
W. H. Webster
24
971092
H R0068
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
This INTERGOVERNMENTAL CONTRACT
is made this 30TH day of JUNE, 1997• by and between:
THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
for the use and benefit of the,
WELD COUNTY DIVISION OF HUMAN SERVICES
915 10th Street
P.O. Box 758
Greeley, CO 80631
(Contractor)
and
THE STATE OF COLORADO,
acting by and through the,
DEPARTMENT OF LABOR AND EMPLOYMENT
1515 Arapahoe Street
Tower 2, Suite 700
Denver, CO 80202-2117
(State)
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance remains available for payment in Fund Number 100,
Organizational Unit Code Number 4111, Appropriation Code Number 306, Program Code Number 1100,
Function Code Number 7500, and Grant Budget Line Code Number 3216, under Contract Encumbrance
Number C9701191;
WHEREAS, the State has a currently effective Group II delegation agreement from the Division of
Purchasing;
WHEREAS, the State has a currently effective delegation agreement from the Office of the State Controller;
Page 1 of 28
971092
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
WHEREAS, the Contractor has been designated as a sole source entity for the delivery of employment
services in Weld County, Colorado pursuant to the parties' previous Intergovernmental Contracts (State
Routing numbers 91-76, 95-175, and 96-1032);
WHEREAS, the Governor's Summer Job Hunt is a special summer program designed to assist young people
between the ages of 16 and 21, in obtaining summer.employment; and,
WHEREAS, all required approvals, clearances, and coordination have been accomplished from and with all
appropriate agencies.
NOW, THEREFORE, the parties hereto agree that: .
A. EFFECTIVE DATE and TERM. The effective date of this Intergovernmental Contract is Jae
30. 1997. The initial term of this Intergovernmental Contract shall commence on June 30.1997
and end on August 15.1997.
B. DUTIES AND OBLIGATIONS OF THE CONTRACTOR. The Contractor shall:
1. Establish within Weld County, Colorado a Summer Job Hunt Office which shall provide the
following services:
A. Reception services and acceptance of applications;
B. Assistance in completing applications;
Page 2 of 28
971092
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
C. Common assessment and appraisal of each applicant including the determination of
the appropriateness of subsidized vs. non -subsidized job referral for each applicant,
as well as a determination of services needed by the client and arrangements for
such services as available;
D. Select and refer, where appropriate, qualified youth applicants for available job
vacancies, both subsidized and non -subsidized, in Weld County;
E. Follow up with each job referral and verify actual placement or the lack of
placement for each job referral;
F. Work with other local cooperating agencies in planning and implementing an
employer relations and employer contact program to develop jobs for participants in
the Summer Job Hunt Program;
G. Accept Job Orders provided by the Colorado Alliance of Business according to the
pre -arranged procedures. The Employer Relations Unit of the Contractor shall be
responsible for all employer relations. The ES -514A Job Order Form shall be used
for job orders;
H. Follow the procedures as outlined in the Governor's Summer Job Hunt Program of
1997 memorandum, dated March 29, 1996, as modified by a State "SYSM"
message, dated April 21, 1997, incorporated herein by this reference, made a part
hereof, and attached hereto as "Attachment A";
I. Utilize the concept of "youth helping youth" to operate a "labor exchange" program.
J. Assign staff members to operate the Summer Job Hunt and Summer Youth
Employment and Training programs;
K. Abide by the State's Code of Ethics, Gratuity and Credit for Placement Policy
Statement, and Confidentiality of Records Policy, incorporated herein by this
reference, made a part hereof, and attached hereto as "Attachment B";
Page 3 of 28
972092
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
L. Refer youth to Job Search Skills training;
M. Provide counseling services or referral to existing counseling services within Weld
County as needed by Summer Job Hunt Program applicants; and,
N. Explore and make available opportunities for work experience to qualified Summer
Job Hunt program applicants.
2. In performing those duties identified in B.1. above, the Contractor shall satisfy the following
performance standards.
A. 375 youth shall be placed in non -subsidized jobs;
B. 150 youth shall be provided Job Search Skills; and,
C. 075 youth shall be placed in the "Obtained Employments" category.
3. The Contractor shall invoice the State for actual costs incurred by the Contractor in
performing its duties and obligations under this Intergovernmental Contract. The invoice
shall detail each cost by source (e.g., supplies, rent, personnel, etc.) and amount. Invoices
shall be sent to:
Colorado Department of Labor and Employment
Finance Office
1515 Arapahoe, Street, Tower 2, Suite 700,
Denver, CO 80202-2117
Attn: Accounts Payable
Page 4 of 28
971092
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
C. DUTIES AND OBLIGATIONS OF THE STATE. The State shall, upon receipt of a proper
invoice and after verifying the services performed, reimburse the Contractor for those costs incurred
by the Contractor in performing its duties and obligations under this Intergovernmental Contract.
Under no circumstance, however, shall the State's total fmancial obligation to the Contractor under
this Intergovernmental Contract exceed Ten Thousand Dollars ($10,000.00).
D ADDITIONAL PROVISIONS
1. LEGAL AUTHORITY. The parties warrant that each possesses actual, legal authority to
enter into this Intergovernmental 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
Intergovernmental Contract and bind that party to its terms. The person or persons signing
this Intergovernmental Contract, or any attachments or amendments hereto, also warrant(s)
that such person(s) possesses actual, legal authority to execute this Intergovernmental
Contract, and any attachments or amendments hereto, on behalf of that party.
2. CONFLICT OF INTEREST.
A. For purposes of this Intergovernmental Contract, "conflict of interest" is defined to
mean: the relationship of the Contractor with the State when the Contractor also
maintains a relationship with a third party and the two relationships are in
opposition to each other. In order to create an "appearance of a conflict of interest",
it is not necessary for the Contractor to gain financially from the knowledge of
opposing interests. It is sufficient that the Contractor only knows that the two
relationships are in opposition to each other.
Page 5 of 28
971092
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
For purposes of this Intergovernmental Contract, "appearance of a conflict of
interest" is defined to mean: the relationship of the Contractor with the State when
the Contractor also maintains a relationship with a third party and the two
relationships are in apparent opposition to each other. hi order to create an
"appearance of a conflict of interest", it is not necessary for the Contractor to gain
financially from the knowledge of apparently opposing interests. It is sufficient that
the Contractor only knows that the two relationships are in apparent opposition to
each other.
C During the term of this Intergovernmental Contract, the Contractor shall not enter
into any third party relationship that creates an actual conflict of interest or gives the
appearance of a conflict of interest. Upon discovering a conflict of interest or the
appearance of a conflict of interest, the Contractor shall forthwith fully disclose to
the State the details surrounding the conflict of interest or the appearance of a
conflict of interest. Failure to promptly and fully disclose, as required by this
clause, shall constitute grounds for the immediate termination of this
Intergovernmental Contract by the State.
3. INSURANCE (MINIMUM REOUIREMENTS FOR ALL INTERGOVERNMENTAL
CONTRACTS). The Contractor shall procure, at its own expense, and maintain in effect for
the duration of this Intergovernmental 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 seg., 10A C.R.S., as
amended, then the Contractor shall at all times during the term of this
Intergovernmental 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.
B. As required by State law, standard Workers' Compensation insurance, including
occupational disease; and, Employer Liability insurance, which covers all
employees, on or off the work site, while acting within the course and scope of
employment, in the amounts prescribed by applicable State law.
C. The Contractor shall provide such other insurance as may be required by law, or in a
specific solicitation.
Page 6 of 28
971092
Department or Agency No. KAA • Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
4. 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 INTERGOVERNMENTAL 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,
PERFORMANCE MONITORING.
A. The Contractor shall permit the State, the U.S. Department of Labor, or any other
duly authorized governmental agent or agency, to monitor all activities conducted by
the Contractor pursuant to the terms of this Intergovernmental Contract. Such
monitoring may consist of internal evaluation procedures, examination of program
data, special analyses, on -site checking, formal audit examinations, or any other
reasonable procedures. All such monitoring shall be performed in a manner that
shall not unduly interfere with the work of the Contractor.
The Contractor authorizes the State to perform audits or inspections of its records at
any reasonable time during the term of this Intergovernmental Contract and for a
period of three (3) years following the termination of this Intergovernmental
Contract.
Page 7 of 28
971092
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
6. SUBMISSION OF OUARTERLY REPORTS. The Contractor shall submit quarterly,
written progress reports specifying progress made for each activity identified in the "Duties
and Obligations of the Contractor" section of this Intergovernmental Contract. These
quarterly progress reports shall be in accordance with the procedures developed and
prescribed by the State. The preparation of these quarterly progress reports in a timely
manner shall be the responsibility of the Contractor. Failure of the Contractor to comply
may result in the delay in the payment of fimds under this Intergovernmental Contract or, in
termination of this Intergovernmental Contract without further liability to the State.
7. CONFIDENTIALITY OF RECORDS.
If the Contractor obtains access to any records, files, or information of the State in
connection with, or during the performance of, this Intergovernmental Contract, then
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 Intergovernmental Contract is subject to the Colorado Employment Security
Act, Articles 70 to 82 of Title 8, C.RS., (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 terminate this
Intergovernmental Contract for cause without further liability to the State.
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.
Page 8 of 28
971092
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
8. MAINTENANCE OF RECORDS.
A. The Contractor shall maintain a complete file of all records, documents,
communications, and other materials which pertain to this Intergovernmental
Contract. Such materials shall be sufficient to properly reflect all direct and indirect
costs of labor, materials, equipment, supplies, and services, and other costs of
whatever nature for which a Intergovernmental Contract payment was made. These
records shall be maintained according to generally accepted accounting principles
and shall be easily separable from other records of the Contractor.
B. All such records, documents, communications, and other materials shall be the
property of the State and shall be maintained by the Contractor, in a central location
as custodian for the State, on behalf of the State, for a period of three (3) years from
the date of fmal payment under this Intergovernmental Contract or, for such further
period as may be necessary to resolve any pending matters, including, but not
limited to, audits performed by the federal government.
9. OWNERSHIP OF MATERIALS. INFORMATION DATA. COMPUTER SOFTWARE
DOCUMENTATION. STUDIES. AND EVALUATIONS. Unless otherwise provided for
in this Intergovernmental 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 Intergovernmental 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
Intergovernmental 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 Intergovernmental Contract without the prior,
express, written consent of the State.
Page 9 of 28
971392
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
10. 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 Intergovernmental 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 Intergovernmental Contract.
11. 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 Intergovernmental 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.
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 Intergovernmental 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.
Page 10 of 28
971092
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
12. STOP WORK ORDERS.
Because stop work orders may result in increased costs by reason of standby costs,
such orders will be issued only with prior approval of the State's procurement
director. Stop work orders shall include, as appropriate: a clear description of the
work to be suspended; and, instructions as to the issuance of further orders by the
Contractor for material or services. If an extension of the stop work order is
necessary, it must be evidenced by a supplemental agreement as soon as feasible
after a stop work order is issued. Any cancellation of a stop work order shall be
subject to the same approvals as were required for the issuance of the stop work
order. - -
The State's procurement director may, by written order to the Contractor, at any
time, and without notice to any surety, require the Contractor to stop all or any part
of the work called for by this Intergovernmental Contract. The stop work order
shall be for a specified period after the stop work order is delivered to the
Contractor. Any such stop work order shall be identified specifically as a stop work
order issued pursuant to this paragraph. Upon receipt of a stop work order, the
Contractor shall forthwith comply with its teens and take all reasonable steps to
minimize incurring additional costs allocable to the work covered by the stop work
order during the period of wdrk stoppage. Before the stop work order expires, or as
legally extended, the State's procurement director shall either:
1. cancel the stop work order; or
2. terminate the work covered by such stop work order; or
3. terminate the Intergovernmental Contract.
C. If a stop work order issued under this paragraph is properly canceled, the Contractor
shall have the right to resume work. An appropriate adjustment shall be made in the
delivery schedule, the schedule of payment, the total Intergovernmental Contract
price, or any combination thereof, and the Intergovernmental Contract shall be
modified in writing accordingly, if:
1. the stop work order results in an increase in the time required for, or in the
Contractor's cost properly allocable to, the performance of any part of this
Intergovernmental Contract; and
Page II of 28
971992 .
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
2. the Contractor asserts a claim for such an adjustment within thirty (30)
calendar days after the end of the period of work stoppage.
If the work covered by a stop work order is terminated for default or convenience,
the reasonable costs resulting from the stop work order shall be allowed by
adjustment or otherwise and such adjustment shall be in accordance with the Price
Adjustment Clause of this Intergovernmental Contract.
13. PRICE ADJUSTMENTS. Any adjustment in the Intergovernmental Contract price pursuant
to the application of a paragraph of this Intergovernmental Contract shall be made in one or
more of the following ways:
A. By agreement on a fixed -price adjustment.
B. By unit prices specified in the Intergovernmental Contract.
C. In such other manner as the parties may mutually agree.
In the absence of an agreement between the parties, by a unilateral determination by
the State's procurement director of the costs attributable to the event or situation
covered by that paragraph, plus appropriate profits or fees.
E. The Contractor shall provide cost or pricing data for any price adjustment subject to
the provisions of the Cost or Pricing Data section of the Colorado State
Procurement Rules.
Page 12 of 28
971392
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
14. REMEDIES OTHER THAN TERMINATION FOR DEFAULT. In addition to any other
remedies provided for in this Intergovernmental 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 Intergovernmental 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
Intergovernmental Contract. These 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 this Intergovernmental 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 Intergovernmental Contract is deemed, in good faith by the
State, to be contrary to the public interest or the interest(s) of the State.
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 Intergovernmental Contract immediately as set forth in the
Termination for Default paragraph of this Intergovernmental Contract but without
further liability to the State, including, but not limited to, liability for termination
costs.
Page 13 of 28
97x0'92
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
15. TERMINATION DUE TO THE LOSS OF STATE FUNDING. The parties hereto
expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated,
in whole or in part, from available state funds. Therefore, the Contractor expressly
understands and agrees that all of its rights, demands, or claims to compensation under this
Intergovernmental Contract are subject to, and contingent upon, the continuing availability
of those state 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 Intergovernmental Contract.
16. 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
Intergovernmental 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 Intergovernmental Contract.
17. TERMINATION FOR DEFAULT (CAUSE).
If the Contractor refuses or fails to timely perform any of the provisions of this
Intergovernmental Contract with such diligence as will ensure its completion within
the time specified in this Intergovernmental 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 Intergovernmental
Contract or such part of the Intergovernmental Contract as to which there has been
delay or a failure to properly perform. The Contractor shall continue performance
of the Intergovernmental Contract to the extent it is not terminated and shall be
liable for excess costs incurred in procuring similar goods or services elsewhere.
Notwithstanding termination of the Intergovernmental 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.
Page 14 of 28
97V192
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
C. Payment for completed work or supplies performed or delivered and accepted by
the State shall be at the Intergovernmental 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.
D. The Contractor shall not be in default by reason of any failure in performance of this
Intergovernmental 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.
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
Intergovernmental 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.
18. TERMINATION FOR CONVENIENCE.
A. The State may, when the interests of the State so require, terminate this
Intergovernmental 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 Intergovernmental Contract terminated and when termination
becomes effective. This paragraph in no way implies that the State has breached
this Intergovernmental Contract by the exercise of this paragraph.
Page 15 of 28
971092
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
The Contractor shall incur no further obligations in connection with the terminated
work and on the date set in the notice of termination the Contractor will stop work
to the extent specified. The Contractor shall also terminate outstanding orders and
subcontracts as they relate to the terminated work. The Contractor shall settle the
liabilities and claims arising out of the termination of subcontracts and orders
connected with the terminated work. The State may direct the Contractor to assign
the Contractor's right, title, and interest under terminated orders or subcontracts to
the State. The Contractor must still complete and deliver to the State the work not
terminated by the Notice of Termination and may incur obligations as are necessary
to do so.
C. The Contractor shall submit a termination claim specifying the amounts due because
of the termination for convenience together with all cost or pricing data related to
such claim. If the Contractor fails to file a termination claim within ninety (90)
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.
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 Intergovernmental 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 Intergovernmental Contract price of the work not
terminated.
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. Intergovernmental Contract prices for supplies or services accepted under
this Intergovernmental Contract;
Page 16 of 28
971992
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
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 Intergovernmental 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;
;. 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;
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 Intergovernmental 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 Intergovernmental Contract. The total sum to be
paid the Contractor tinder this subparagraph shall not exceed the total
Intergovernmental 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
Intergovernmental Contract price of work not terminated.
all costs claimed or agreed to under this paragraph shall be in accordance
with applicable sections of the State of Colorado Procurement Code.
19. SEVERABILITY. To the extent that this Intergovernmental Contract may be executed and
performance of the obligations of the parties may be accomplished within the intent of this
Intergovernmental Contract, the terms of this Intergovernmental Contract are severable. If
any term or provision of this Intergovernmental 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 Intergovernmental
Contract.
Page 17 of 28
971992
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
20. WAIVER. The waiver of a breach of a term or provision of this Intergovernmental Contract
shall not be construed as a waiver of a breach of any other term or provision of this
Intergovernmental Contract or, as a waiver of a breach of the same term or provision upon
subsequent breach.
21. ASSIGNMENT. This Intergovernmental 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.
22. INTERGOVERNMENTAL CONTRACT BINDING ON SUCCESSORS. Except as
otherwise provided for herein, this Intergovernmental Contract shall inure to the benefit of,
and be binding upon, the parties hereto and their respective successors and assigns.
23. REPRESENTATIVES. For the purposes of this Intergovernmental Contract, the persons
identified below are hereby designated as representatives of the respective parties to this
Intergovernmental Contract. Either party may, from time to time, designate in writing new
or substitute representatives.
CONTRACI'OR:
George Baxter, Chair
Board of County Commissioners of Weld County
915 10th Street
P.O. Box 758
Greeley, CO 80631
(970) 356-4000
STATE:
Melvin Madden, Associate Director, Finance
Colorado Department of Labor and Employment
1515 Arapahoe, Suite 400
Denver, CO 80202-2117
(303) 620-4401
Page 18 of 28
971092
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
24. NOTICE OF PENDING LITIGATIQN. Unless otherwise provided for in this
Intergovernmental 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 any services provided under this Intergovernmental 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.
25. NOTICE PROCEDURE_ All notices required or permitted to be given pursuant to this
Intergovernmental 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:
George Baxter, Chair
Board of County Commissioners of Weld County
915 10th Street
P.O. Box 758
Greeley, CO 80631
(970) 356-4000
STATE:
Melvin Madden, Associate Director, Finance
Colorado Department of Labor and Employment
1515 Arapahoe, Suite 400
Denver, CO 80202-2117
(303) 620-4401
Page 19 of 28
971092
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
26. MODIFICATIONS AND AMENDMENTS. This Intergovernmental 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 Intergovernmental 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
Intergovernmental Contract shall be effective unless such modification is agreed to in writing
by both parties in an amendment to this Intergovernmental Contract that has been previously
executed and approved in accordance with applicable law.
27. ADHERENCE TO APPLICABLE LAWS. At all times during the term, performance, or
execution of this Intergovernmental 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 Intergovernmental Contract.
28. ADHERENCE TO FEDERAL DRUG -FREE WORKPLACE REOUIREMENTS
(applicable only to subrecipient Contracts involving Wagner-Pevser money). In accordance
with the Drug -Free Workplace Act of 1988, and its implementing regulations, 29 C.F.R 98,
Subpart F, the Contractor shall:
Publish 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.
Establish an ongoing drug -free workplace awareness program to inform employees
of:
1. The dangers of drug use in the workplace;
2. The Contractor's policy of maintaining a drug -free workplace;
3. The availability of drug counseling, rehabilitation, and employee assistance
programs; and,
Page 20 of 28
971092
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
4. The penalties that may be imposed on an employee for drug abuse
violations which occur in the workplace.
Ensure that each employee who shall perform work under this Intergovernmental
Contract on behalf of the Contractor is given a copy of the statement required by
paragraph A. of this Section.
Notify an employee in the statement required by paragraph A. of this Section that,
as a condition of employment under this Intergovernmental Contract, the employee
shall:
Abide by the terms of the statement required by paragraph A. of this
Section;
2. 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
E. Notify 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
2. of paragraph D. of this clause; 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.
Take 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.
Make a good faith effort to continue to maintain a drug -free workplace through the
implementation of paragraphs A. through F. above.
Page 21 of 28
971092
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
Inform the State in writing if the Contractor changes any work location identified in
this Intergovernmental Contract where the Contractor will perform any work under
this Intergovernmental Contract to another work location where the Contractor will
perform work under this Intergovenunental Contract.
29. 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 Intergovernmental 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
Intergovernnental 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 Intergovernmental 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.
30. SURVIVAL OF CERTAIN INTERGOVERNMENTAL CON
Notwithstandin TRACT PROVISIONS.
g an ything herein to the contrary, the parties understand and agree that all
terms and conditions of this Intergovernmental Contract, and the exhibits and attachments
hereto, which may require continued performance or compliance beyond the termination date
of this Intergovernmental 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 Intergovernmental Contract.
Page 22 of 28
971092
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
31. CAPTIONS. CONSTRUCTION. AND EFFECT. The captions and headings used in this
Intergovernmental Contract are for identification only, and shall be disregarded in any
construction of the teens, provisions, and conditions of this Intergovernmental Contract.
32. ENTIRE UNDERSTANDING. This Intergovernmental 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 Intergovernmental Contract
executed and approved pursuant to The Fiscal Rules of the State of Colorado
E. SPECIAL PROVISIONS.'
CONTROLLER'S APPROVAL.
1. This contract shall not be deemed valid until it shall have been approved by the Controller of
the State of Colorado or such assistant as he may designate.
FUND AVAILABILITY.
2. Financial obligations of the State payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
These special provisions are reproduced from Appendix A of Rule 3-1 of the Fiscal Rules of
the State of Colorado, effective September I, 1996. These special provisions are mandatory provisions of all
payable State Intergovernmental Contracts.
Page 23 of 28
9711)32
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
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.
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:
Page 24 of 28
971 192
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
(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.
(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.
Page 25 of 28
9711)92
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
(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.
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)
Page 26 of 28
971192
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
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 27 of 28
971192
Department or Agency No. KAA Intergovernmental Contract Routing No. 97-1191
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental Contract on the day
first above written.
CONTRACTOR:
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, acting by and through the,
Weld County Division of Human Services
By:
By:
Geor{ Baxter 06/09/97
Chair
FEIN:
Clerk or Deputy Clerk
DEPARTMENT OF LAW
COLORADO ATTORNEY GENERAL
Gale AQietkijyey General
Attorney General
By: r7lyf ' torn_,_ oral
State Services Section
APPROVALS:
STATE:
STATE OF COLORADO
Roy Romer, Gov nor
Bv:
on umair
Executive Director
Department of
Labor and Employment
DEPARTMENT OF PERSONNEL
OFFICE OF THE STATE CONTROLLER
Clifford W. Hall, State Controller
By:
Page 28 of 28
Melvin Madden
State Controller Designee
971992
SYSM INBASKETF-
ME
:ENtER COMMAND --- SSAGE REVIEW -------- _--- ___
USER ID: QFLU002 SCREEN 2
*** This message was previously DEFERRED *** 10:25am - Mon, Apr 28, 1997
TO QFLU002 - GRAHAM, JILL
MESSAGE ID: 742771
FROM: QESU004 - DRELLER, LARRY
DATE 04/21/97
SUBJECT: SUMMER JOB HUNT ALLOCATIONS PRIORITY: 000 TIME SENT: 03:07pm
GOOD NEWS DEPARTMENT! THE SUMMER JOB HUNT BUDGET WAS APPROVED TODAY
(APRIL 21). THE FOLLOWING COMMUNITY WORKER I (C3CITX), GRADE 58-1,
$7.74 PER HOUR, 40 HOURS PER WEEK, AND EXPIRES C.O.B. AUGUST 8,
1997, ALLOCATIONS ARE:
ALAMOSA 1, BRIGHTON 1, CANON CITY 1, COLORADO SPRINGS 3, CORTEZ 1,
CRAIG 1, DENVER 3, ARAPAHOE/DOUGLAS SDA MODEL 3 (UNDER DENVER),
DURANGO 1, FRISCO/EDWARDS 2, FT. COLLINS/LOVELAND 3, FT. MORGAN/
STERLING/LIMON/BURLINGTON 2; GLENWOOD SPRINGS 1, GRANDJUNCTION 2,
GUNNISON 1, LAKEWOOD/JEFFERSON COUNTY YOUTH 4, LAMAR 1, LONGMONT/
BOULDER 2; MONTE VISTA 1, MONTROSE 1, PUEBLO 2, ROCKY FORD 1,
SALIDA 1; STATE OFFICE AND THE PUBLIC EDUCATION AND BUSINESS
COALITION 2; STEAMBOAT SPRINGS 1, THORNTON/BROOMFIELD 2, _TRINIDAD 1,
AND THE WELD COUNTY CONTRACT.
EACH POSITION/OFFICE GOAL IS 150 JOB PLACEMENTS PER; 100 OBTAINED
COMMANDS: RIght Ans TRa Read DEFer FILe BFile View EDit PUT QUE Print DEL DCal
ATTACHMENT A
971092
ENTER COMMAND ===>
USER ID: QFLU002
SYSM INBASKET MESSAGE REVIEW ---------------
SCREEN
10:26am - Mon, Apr 28, 19'
TO: QFLU002 - GRAHAM, JILL
FROM: QESU004 - DRELLER, LARRY MESSAGE ID: 742771
DATE 04/21/97
SUBJECT: SUMMER JOB HUNT ALLOCATIONS PRIORITY: 000 TIME SENT: 03:07pm
EMPLOYMENTS PER, AND 50 JOB SEARCH INDIVIDUALS PER POSITION. NO PDQ
NEEDED AS PERSONNEL HAS BASIC COPY; PLE-1'S NEEDED ASAP, DIRECTED
TO FIELD DIRECTORS. NEW APPLICATIONS, FILLED OUT, CAN BE FAXED TO
GEORGIA ADAME IN PERSONNEL. NEW EMPLOYEE PACKAGES ARE BEING SENT
OUT. THE CENTRAL TELEPHONE NUMBER BEING USED FOR THE DENVER POST,
KCNC-4, ETC., FOR CLIENTS, BUSINESS, ETC. WILL AGAIN BE THE PUBLIC
EDUCATION AND BUSINESS COALITION (303) 861-8661; SUMMER JOB HUNT
BROCHURES WILL BE SENT OUT AS SOON AS AVAILABLE. THE ANNUAL SUMMER
JOB HUNT KICK-OFF BREAKFAST WILL BE HELD AT THE GOVERNOR'S MANSION
ON FRIDAY, MAY 30,1997 AT 7:30 A.M. MORE MESSAGES WILL FOLLOW AS
NEEDED/REQUESTED. PLEASE REFER TO BASICS IN LAST YEARS 1996
"MEMORANDUM TO THE FIELD" FROM JUDI RICHENDIFER,FOR HIRING PROCEDU-
RES. HAVE A GREAT SUMMER JOB HUNT AND SORRY FOR THE DELAY!!!
COMMANDS: RIght Ans TRa Read DEFer FILe BFile View EDit PUT QUE Print DEL DC
971092
JOHN J. DONLON
Executive Director
JUDITH RICHENDIFER
Employment Programs
Director
DEPARTMENT OF LABOR AND EMPLOYMENT
OFFICE OF EMPLOYMENT PROGRAMS
TOWER 2. SUITE 400
1515 ARAPAHOE STREET
DENVER. CO 80202-2117
MEMORANDUM
To: All Governor's Summer Job Hunt Offices
JSC Managers
Lead Workers
Youth Specialists
Field Directors
From: Judi R hendifer
Director, Employment Programs
Subject: The Governor's Summer Job Hunt Program of 1996
Date: March 29,1996
I would like to wish you another successful summer and always keep in mind that you do make a
difference in these young people's lives. You continue to perform admirably, summer after summer --
over 158,000 youth have been placed since 1981!
The contents accompanying this memorandum should answer all questions. If it does not, please
contact Larry L. Dreller, Summer Youth Coordinator at (303) 620-4209:
Since 1981
Employing Summer Youth
is always a start in the
Right Direction
971'092
SUMMER JOB HUNT 1996
Obtained Employment Goals will again be added.
Since 1981
Employing Summer Youth
is always a start in the
Right Direction
B. It will be difficult to obtain JTPA youth workers, due to new and more restrictive national
regulations and/or decrease in funding.
C. There again will be few or no Senior Aides in the Metro Denver Area because of a decrease in
funding for the older worker — Senior Aides have to be tied into working directly with
seniors, senior employment and special projects.
D. Serving 14 and 15 year olds is an optional feature with Summer Job Hunt offices although
Elitches (in Denver area, now hires 15 year olds) — these youth are difficult to job place due
to the restrictions on the employment of minors, according to the child labor laws. Job
Search Workshops would be appropriate, time permitting, in order to provide a service to
those individuals. This service would enhance the youth's ability to market themselves in the
future. Encourage development of volunteer positions that provide valuable work
experience.
E. Spot jobs and odd jobs such as, weed puffing, baby sitting, door-to-door advertising bill
disbursement, labor, etc., job orders are not encouraged. Youth frequently are put into
questionable hard labor, low pay, and non-payment by "employer" situations. The program
must be above complaints, dangerous environments for youth, and law suits.
F. An August 1995 random sample follow-up of 75 employers was conducted by the Department
Youth Coordinator and Community Worker assistant (see "Employer Comments and
Concerns."). However, it must be noted that even in the most negative instances of follow-ups
that the employers thought "we" were doing an excellent job and that young people would
learn their way through the maturation process.
G. Emphasis will be placed on quality job orders and quality referrals which will encourage
placement of youth in meaningful employment -- our ultimate goal!
H. Before the end of May, JSC's should, whenever possible, participate in local middle schools
and high schools in enrollments, registrations, and "job search preparation" activities.
I. When and if Community Workers are "caught -up" it is hoped, if geographically feasible, that
they will be available to assist with overloaded offices. This will be imperative if JTPA youth
programs are downsized or discontinued.
971992
W. It is very possible that you will be contacted by local representatives of the statewide
Colorado Hotel and Lodging Association, the Colorado Restaurant Association, as well as the
ACF Culinarians of the Colorado Association. They may be listing hundreds of widely diverse
jobs for summer youth — please give them special attention as they could turn into one of the
best single -block of employers for the Summer Job Hunt.
X. Time charge codes for the Community Workers are: 321-574. The pay is $7.74 per hour
(Grade 58 , Step 1); FLSA rules must be adhered to at all times. You have the option of
splitting a position.
Y. All "Temporary Position Descriptions," a copy of the "Supplemental
Application"sheet, and the P.E.-is will be sent to Jill Graham of Field Operations for
initial processing. Please insure that the interview questions and screening interview
are conducted in the selection process.
No temporary workers before April 15, 1996; no temporary workers after August
9, 1996.
Remember that "overhead" is figured into your JSC budget, hence travel and
supplies are included.
One position equals 150 placements, plus 50 obtained employments and 50 Job
Search Workshop participants —if possible.
JSC Youth Specialists will charge to 205/574 and will be responsible for training
summer temporary workers.
Computer runs commence April 12, 1996 and conclude August 24, 1996.
Z. Please "work" your local networks of CBO's, churches, civic leaders, service clubs and
chambers to foster their buy in, especially job orders and their assistance.
AA. Please spread the word: All ISC's will continue to serve our young citizens year round!!
BB. Whenever possible, work closely with your ITPA counterpart; by sharing resources,
brainpower, energy, and time, you just might be able to assist our summer target group --
youth.
5736O
971992
COLORADO STATE DEPARTMLNT OF PERSONNEL
COMMUNITY WORKER
MATURE WORK
This is para-professional community work, assisting professional and tech-
nical personnel in providing a vide range of services to clients of various
human service programs.
Distintuishinv Factors
Positions in this class are distinguished from positions in professional
classes by performing duties which are primarily supportive in nature
as opposed to development or administration of programs which require the
application of professional, technical' or specialized skills or specialized
training and/or on-the-job training.
This range is recognized as the entry or trainee level and employees
receive training which is designed to develop skills and abilities necess-
ary for public contact and community field work and to provide sufficient
knowledge of state agency and community service programs to make appropriate
referrals and deal with routine problems. Work includes dealing with
routine personal, social, and vocational problems of clients and making
referrals and offering services to such persons as families in need of
health, nutrition, and home management, vocational rehabilitation clients,
mental health clients, civil rights complainants, manpower program clients,
parolees, and clients of other state institutions. Initially, close super-
vision is received from a professional or technical supervisor, but with
continued experience and proven ability, employees assume more responsible
and difficult duties, and work more independently on assigned tasks.
SOME EXAMPLES OF WORK
Assists professional and technical staff by providing information to
inquiring persons, clients, or other agencies referrals, and -preparing written records on inqui eess:aPQ°inemenu and
Assists in securing specifically designated information used for deter-
mining eligibility for rehabilitation, determining causes for discrimination,
assessing nutritional needs, and determining eligibility for financial
assistance, for train
other services. emP1°yabflity, drug treatment programs, and
Contacts youth and adults in the assigned community; establishes rapport
and assists in identifying reasons individuals have failed to participate
in service agency
g a programs e,and resolves the more routine problems ehsough
support and guidance. s Ain ssists community
s nityas hresidents in their use of other community resources
health, social wel_faarre,n resources vocationalerehabilitation, employment,
ehousinglic assistance,
971092
MANDATORY INTERVIEW
(SUGGESTED)
QUESTIONS FOR TEMPORARY SUMMER JOB HUNT WORKERS
COMMUNITY WORKER "1"
1. Q. Describe what youth related experience and activities you
are/or have participated in. (20 Points in Weight)
2. Q. What problems do you perceive face the youth of today.
Elaborate on each point. (20 Points in Weight)
3. Q. (Situational response): You are talking to a business
person, trying to solicit a job opening; he/she says, "I
can get adults who will work for the same wages, and I
don't have to train them and worry if theyshow up." How
do you respond? (10 Points in Weight)
4. Q. (Situational response): You have a young man who comes
across really sincere during a referral screening, and who
wants sales work; he has long, poorly groomed hair and a
large diamond ear stud. How do you let him know what he
will face from an employer And, how would you try to
convince him to "change" at least for working hours?
Elaborate. (10 Points in Weight)
5. Q. How would you talk to an employer on a job development --
telephone or personal visit, in order to solicit jobs for
youth? Elaborate. (10 Points in Weight)
6. Q. What do you think the primary focus of the Summer Job Hunt
Program is and why do you think it should take a proactive
role in getting higher wages and better jobs for young
people? Elaborate. (10 Points in Weight)
7. Q. (Situational response): If you disagree with your
supervisor on how to accomplish a program goal/objective,
how would you handle this? (20 Points in Weight)
971092
10% I MAX Performs related duties as assigned or required by the Supervisor
or Director.
Duty
Rasoa for Request Mack cite.
One time project.
ffi Sputial pans
Work bad.
Fill in for pentanes empbyee who is m rove. Permanent posioou's number
Other. Plaso specify
As I am legally aommuable for the assire -c t, I nmastmd that I am tenantable for the aeemaey of this questionnaire. I certify that, to
the best of my knowledge, this doasaent is an accurate and complete sepaesaatiaao[die poatioo.
Thank you for your time_and effort in completing this document.
2
SEND THE ORIGINAL TO YOUR AGENCY PERSONNEL OFFICE. KEEP A COPY.
971092
(mac tom mean nom
STATE OF COLORADO
SUPPLEMENTAL APPLICATION
INTERVIEW INFORMATION SHEET
(Please complete this form prior tointerview)
bureta wawa
ra
sm.
1.9in-
Peen
Smal Seery Mane
In the following sections. please fist your work history, including part-time, temporary. and volunteer jobs. List jobs in
reverse order. starting with your present or most recent job. You may attach additional pages 5 necessary.
&a
&Waters
Yaw Ta.
Sat tae asaelarpbynra
®par sera.
Savers
Tal.eelon tarn
Mrs
Duns
last Sacette4Par plea.
Wow Per Met
- -
Reason kr
Sawa
Swam
=c '4' ra awe
VarTM
-
San&and evs el aepeylart
-
I fl manna
i
Sueoesers tame
Tisane Maser
Sass
catr.amay Pr'
rota wear. Par wan
Ream ter rMMIg
I Yaw This
Emeerars
San a any ears at smpeyeerR
carton amnia
Soren Moen
Talap'pn Nuns
Oa
azaliaThtr Par !Haas
*nod Per vatic
Renee be busty
]OP SC -tat (Rev lass
9711192
JOB SEARCH ACTIVITY (WORKSHOPS, CLUB)
JOB SEARCH ACTIVITY --
ES Job Search Workshop. "A short (1-3 days) seminar designed to provide
participants with knowledge that will enable them to find jobs. Subjects
are not limited to, but should include, labor market information,
applicant/resume writing, interviewing techniques, and finding job
openings. The workshop must have at least four hours of active classroom
time."
ES Job Finding Club. "Encompasses all elements of the ES Job Search
Workshop plus a period (1-2 weeks) of structured, supervised application
where participants attempt to obtain jobs."
OBTAINED EMPLOYMENT — This activity occurs when an applicant obtains
employment (full or part—time), resulting from an activity wholly or partially
funded by the Employment Service:
(1) Within 90 calendar days of participation in an ES Job Search
Workshop or Job Finding Club, or
C2) Within 90 calendar days of receiving employment counseling/testing
or development of an employability plan, gr
(3) Before expiration of a tax —credit voucher, Q
(4) Within 90 calendar days of receiving bonding assistance; iZ
(5) Within 90 calendar days of termination from a training program in
which an ES applicant was placed.by the ES agency (The ES applicant
subsequently either may have found their own job or been placed in
an unsubsidized job by the training program); and
(6) Verification has been received from a reliable source, preferably
the employer, that the applicant has obtained employment; and
(7) Such employment does not meet the definition of a placement.
SUGGESTIONS: Employability Development Plan (EDP) can be considered as part
of Job Search activity. Use VCR Film "Working" first, then use "Job Hunting
Tip Kit for Youth". Small groups are always best, then individual EDPs.
Don't put youth through Job Search Workshops unless they really need them.
971:392
ENTER COMMAND =>
USER ID: QESU004 ALTERNATE ID:
TO: QESU004 - DRELLER, LARRY
FROM: $QES004 - STENZEL, KATHIE
SUBJECT: SUMMER JOB HUNT UPDATE
GREETINGS ALL --
PRIORITY: 000
SYSM INBASKET MESSAGE REVIEW
SCREEN 3.
09:27am - Fri, Mar 08, 195
MESSAGE ID: 554401
DATE SENT: 03/08/96
TIME SENT: 09:08am
A QUICK UPDATE ON THE 1996 SUMMER JOB HUNT. FIRST OF ALL, SORRY FOR
BEING SO SLOW WITH THE SUMMER JOB HUNT "MEMO TO THE FIELD", DUE TO
SOME "WRINKLES" IT HAS BEEN DELAYED...IT'S COMING SOON. THIS YEARS
SUMMER JOB HUNT WILL BE RUNNING FROM APRIL 15TH THRU AUGUST 9TH
(SUBJECT TO FUNDING). YOU CAN BEGIN LOOKING NOW FOR YOUR COMMUNITY
WORKERS (C3CITX, GRADE 58-1, $7.74/HOUR); REMEMBER THEY CANNOT WORK
MORE THAN 40 HOURS A WEEK. AFTER YOU HAVE IDENTIFIED YOUR SUMMER
WORKER, A PLE-1, SUPPLEMENTAL APPLICATION FORM, INTERVIEW QUESTIONS, &
ENTER ON DUTY FORMS (PLUS A COPY: OF THE SOCIAL SECURITY CARD) NEEDS TO
BE SENT TO JILL GRAHAM. GEORGIA ADAME OF HUMAN RESOURCES WILL BE
SENDING OUT THE TEMPORARY EMPLOYEE PACKETS. SHE ALSO HAS THE GENERIC
PDQ, SO ONE DOES NOT NEED TO BE SENT IN. THE COMMUNITY WORKER
COMMANDS: RIght Ans TRa Read DEFer FILe BFi1e View EDit PUT QUE Print DEL DCa
971092
ENTER COMMAND =>
SYSM INBASKET MESSAGE REVIEW
USER ID: QESU004 ALTERNATE ID: SCREEN 3.7
09:26am - Fri, Mar 08, 199E
TO: QESU004 - DRELLER, LARRY MESSAGE ID: 554401
BROM: $QESO04 - STENZEL, KATHIE DATE SENT: 03/08/96
SUBJECT: SUMMER JOB HUNT UPDATE PRIORITY: 000 TIME SENT: 09:08am
LEADVILLE/EDWARDS/HOT SULPHUR SPGS-2, FT. COLLINS/LOVELAND-3, FT.
MORGAN/STERLING/LIMON/BURLINGTON-2, GLENWOOD SPGS-1, GRAND JUNCTION -2,
GUNNISON-1, LAKEWOOD YOUTH -3, LAMAR-1, LONGMONT/BOULDER-2, MONTE VISTA -
1, MONTROSE-1, PUEBLO -2, ROCKY FORD -1, SALIDA-1, STATE OFFICE (PUBLIC
EDUCATION & BUSINESS COALITION) -2, STEAMBOAT SPGS-1, THORNTON/
BROOMFIELD-2, TRINIDAD -1, TOTAL=42. WE ARE LOOKING FORWARD TO ANOTHER
GREAT SUMMER, IF YOU HAVE ANY QUESTIONS PLEASE GIVE LARRY DRELLER OR
MYSELF A CALL.
Sent to: ESCLIENT <list>
* * * END OF MESSAGE
* * *
(to)
COMMANDS: Right Ans TRa Read DEFer FILe BFile View EDit PUT QUE Print DEL DCa1
971032
iSt4n,
Mee
COLORADO
mEmoRAnuum
Board of Weld County Commissioners
T,eorge E. Baxter, Chairman
Date
From Walt Soeckman, Executive Director of
June 6, 1997
Human Services of Weld County
subject: Contract Between Employment Services of Weld County and
Colorado Department of Labor, Summer Job Hunt
Enclosed for Board approval is a contract between the Colorado Department of Labor and
Employment and Employment Services of Weld County, for the operation of the Governor's
Summer Job Hunt Program for the summer of 1997. This program is designed to assist youth,
ages 16-21, acquire employment -seeking skills and obtaining employment.
The following goals for the program are to: place 375 youth into un-subsidized jobs; provide
150 youth with Job Search Skills; and place 75 youth into the "Obtained Employments"
category.
Funding provided for the program is $10,000.00, and the performance period is from June 30,
1997 through August 15, 1997.
If you have any questions, please telephone me at 353-3800, extension 3317.
971092
Hello