HomeMy WebLinkAbout971166.tiff RESOLUTION
RE: APPROVE OLDER WORKER CONTRACT BETWEEN AREA AGENCY ON AGING
AND COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT 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 the Older Worker Contract 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, Area Agency on Aging, and the
Colorado Department of Labor and Employment, commencing July 1, 1997, 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 Older Worker Contract 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, Area Agency on Aging, 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 23rd day of June, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
WELD UNTY, COL RADO
ATT ST:' " ea /irj ' Bar
nt eorge Baxter, Chair
W I Cunt' k oard
(0, T k
r' K ance L. Harbert Pro- m
BY:
Deput o the Board
Dale K. Hall
APP D AS TO FORM:
EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
ounty Attorn y
W. H. Webster
971166
�(°,' /1/5" HR0068
Department or Agency No.:KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
This CONTRACT
is made this 30th day of June, 1997 by and between:
Weld County Area Agency on Aging
(A County Government Agency)
P.O. Box 1805
Greeley, Colorado 80632
(Contractor)
and
THE STATE OF COLORADO,
acting by and through the,
DEPARTMENT OF LABOR AND EMPLOYMENT
1515 Arapahoe Street,Tower 2,Suite 400
Denver,Colorado 80202-2117
(State)
WHEREAS, authority exists in the law and funds have been budgeted, appropriated and otherwise made
available, and a sufficient unencumbered balance thereof remains available for payment in Fund Number
,Appropriation Number (Organizational Unit Number , Function Number , Program
Number , and Grant Budget Line Number ) under Contract Encumbrance Number 9801026 ;
WHEREAS,the Governor has received a grant of federal funds under the Job Training Partnership Act of
1992, Public Law 97-300 (JTPA), as amended;
WHEREAS, the Contractor was selected by the State in an open and competitive Request for Proposal(RFP
#BF-01297) process to provide the State services; and,
WHEREAS, the Contractor will receive Forty Thousand Dollars ($40,000) of PY97 JTPA Title II-A, 5%
Older Worker and Twenty Thousand ($20,000) of Title III-EDWAA funds to provide employment and
training services to 25 Title II-A participants 55 years of age and older and to 10 EDWAA participants 55
years of age and older; and
Page 1 of 48
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Department or Agency No.: KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
WHEREAS,all required approvals,clearances and coordination have been accomplished from and with all
appropriate agencies.
NOW THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties agree as
follows:
A. EFFECTIVE DATE AND TERM. The effective date of this Contract is July 1, 1997. The initial
term of this Contract shall commence on July 1, 1997 and end on June 30, 1998.
B. DEFINITIONS. A list of definitions applicable to this Contract is attached hereto as "Attachment
1" and by this reference is incorporated herein.
C. STATEMENT OF WORK. The Contractor agrees to perform, in a professional and workmanlike
manner, the obligations and responsibilities set forth in the "Scope of Services" (Section C.3.B.).
1. COVERED AREA. The Contractor shall serve the following geographic area:
Weld County.
2. RESPONSIBLE ADMIMS I RATOR. The performance of the services required hereunder
shall be under the direct supervision of the Director of the Weld County Area Agency on
Aging, who is hereby designated as the "Responsible Administrator" in charge of the
Contractor's performance under this Contract.
3. FUNDING AND BUDGET. The Contractor shall receive $40,000 from Program Year
1997, Title II-A, 5% Older Worker funds and $20,000 of Program Year 1997 Title III,
EDWAA 40% Governor's Discretionary Funds.
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Department or Agency No.:KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
A. Budget Narrative. The funds provided under this Contract will be used for:
Forty Thousand Dollars($40,000)of PY97 Title II-A,5% Older Worker funds
will be used for:
ADMINISTRATION
$4,000 will be used for the following Administrative activities:
$2,181 will be used for a portion of the salary and fringe benefits of the
Director, for management of the grant.
$694 will be used for the salary and fringe benefits of the Fiscal Officer for
budgeting, reporting and audit of the grant.
$419 will be used for the salary and fringe benefits of the Accountant to
cost allocate and track expenditures to the grant.
$386 will be used for the salary and fringe benefits of the Client Services
Technician for eligibility verification and MIS monitoring staff.
$320 will be used for the direct operating costs associated with the
Administrative Staff
DIRECT TRAINING
$29,318 will be used for the following activities:
$8,536 will be used for the salary and fringe benefits of the Client Service
Technician.
$5,100 will be used for three On-The-Job contracts.
$7,200 will be used tuition, books and fees.
$1,575 will be used to enroll participants into the computer lab for hard
skills training.
$5,449 will be used for work experience for approximately eight
participant.
$400 will be used for staff training
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Department or Agency No.: KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
$1,058 will be used for direct costs associated with direct training
activities.
TRAINING RELATED
$6,682 of Training Related funds will be used for the following:
$6,401 will be used for the salary and fringe benefits for the client Services
Technician.
$200 will be used for Supportive services for participants
$81 will be used for Direct costs associated with training related activities.
Twenty Thousand Dollars($20,000)of PY97 Title III-EDWAA,40% funds will
be used for:
ADMINISTRATION
$2,000 will be used for the following Administrative costs:
$1,090 will be used for the salary and fringe benefits for Director of the
Area Agency on Aging.
$348 will be used for the salary and fringe benefits of the Fiscal Officer.
$210 will be used for the salary and fringe benefits of the Accountant.
$192 will be used for the salary and fringe benefits of the Client Service
Technician.
$160 will be used for direct operating costs.
RETRAINING
$14,953 will be used for the following Retraining services:
$8,003 will be used for the salary and fringe benefits of the Client Service
Technician.
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Department or Agency No.: KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
$3,400 will be used for two(2)On-The-Job contracts.
$2,400 will be used for four(4)client enrollments in secondary education.
$450 will be used to enroll two(2) participants into the computer lab for
hard skills training.
$200 will be used for staff training.
$500 will be used for direct costs associated with the training activities.
BASIC READJUSTMENT SERVICES
$2,534 will be used for the following Basic Readjustment Services:
$2,234 will be used for the salary and fringe benefits of the Services
Technician.
$300 will be used for direct costs associated with basic readjustment
services.
SUPPORTIVE SERVICES
$513 will be used for participant supportive services.
4. A. Scope of Services. In consideration of the funds to be received from the State, the
Contractor shall do the following:
1. Market the Older Worker Program in Weld County by:
* Newspaper advertisements (Greeley Tribune) - Monthly;
* Newspaper advertisements(Rural Papers)- quarterly;
* Posters(Senior Centers, Job Service);
* Church Bulletins- bi annually;
* South Aims Campus-Recruitment and Registrars office-
quarterly;
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Department or Agency No.: KAA Contract Routing No.: 98-1026
(Describe Subject Matter ofContract)
This is a legal document. Legal counsel should be consulted before signing.
* Referrals from employers seeking opportunities for
Older Workers facing lay off and continuous coordination
with the EDWAA Program;
* Presentations to Rural Senior Aide Coordinators on a
quarterly basis.
2. Recruitment for the Older Worker program will be provided by:
* Writing a monthly article, in coordination with the Title V
agency, for the Senior Marketplace local newspaper .
* Continuous updating of the Older Worker Brochures
* Sending Recruitment letters to all 55 plus job service
registrants on a monthly basis.
* Providing a notice to OAP recipients in coordination with
the Department of Social Services.
3. The participants will receive training through Aims Community college,
Front Range Community College, Weld County Human Services Learning
Lab, On-The-Job Training, Work Experience, and AARP Works.
4. Coordinate with the Title V Green Thumb Program to enroll JTPA eligible
clients in a short-term subsidized training site by June 30, 1998.
Coordination will also be with Rocky Mountain SER, located in Greeley,
Colorado.
5. Provide a quarterly report that will detail the progress of the program.
6. Assure that a staff member attend the quarterly Senior Employment
Network meetings.
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Department or Agency No.: KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
7. With the TITLE II-A,5% OLDER WORKER funds the Contractor will
provide the following:
a. Enroll Twenty Five(25)Title II-A participants who are at least 55
years of age or older into the program.
b. Place eighteen (18) into qualified full-time or part-time
employment of not less than twenty hours per week. The
placement wage will not be lower than $4.85 per hour, or
minimum wage, with an average placement wage of $6.00 per
hour.
c. Coordinate with the Green Thumb, Title V program for placement
of five eligible Title II-A participants in short term subsidized
training.
d. Have a current and updated Coordination Agreement with the
Green Thumb Title V agency.
With the TITLE III-EDWAA OLDER WORKER PROGRAM funds,
the Contractor will provide the following:
a. Enroll ten (10) Title III eligible participants, who are at least 55
years of age in to EDWAA Older Worker program.
b. Place eight(8)participants into full or part-time employment at not
less than 20 hours per week. The placement wage will not be
lower than 4.85 per hour, or minimum wage, with an average
placement wage of$6.00 per hour.
Page 7 of 48
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Department or Agency No.:KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
B. Planned Expenditure Information for the Title II-A funds.
PROJECTIONS BY QUARTER PROJECTED
CARRYOUT TOTAL
1ST 2ND 3RD 4TH
Administration 900 1,800 2,900 4,000 4,000
Training 6,596 13,193 21,255 29,318 29,318
Training Related/Ssupp.Sen. 1,503 3,007 4,844 6,682 6,682
TOTAL 8,999 17,400 28,399 40,000 40,000
C. Planned Participant Information for the Title II-A program
PROJECTIONS BY TOTAL
QUARTER
1st 2nd 3rd 4th
Number of Enrollments Carrying in
from Other Contracts with the Same
Agency& Funding
Number of New Enrollments 8 16 20 25 25
Page 8 of 48
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Department or Agency No.:KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
D. Planned Activity Information for the Title II-A program. The figures below
indicate the number of participants who will start training in:
OLDER WORKER PROGRAMS PROJECTIONS BY TOTAL
QUARTER
1st 2nd 3rd 4th
AA Job Search Assistance V/C 8 16 20 22 22
BA Basic Skills Training Category V/C 0 0 0 0 0
BB GED Training V/C 0 0 0 0 0
•
CA Occupational Skills Training Category V/C 6 12 15 15 15
DA Objective Assessment V/C 8 16 20 25 25
DB Case Management V/C 8 16 20 25 25
EA OJT V/C 1 2 3 3 3
GA Other Employment Skills Training V/C 0 0 0 0 0
JA Work Experience V/C 3 5 6 8 8
AB Stand Alone Job Search V/C 1 2 3 3 3
Page 9 of 48
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Department or Agency No.:KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
E. Planned Outcomes for the Title II-A program. The figures below indicate the
number of participants who, upon terminating enrollment,are projected to:
OLDER WORKER PROGRAMS PROJECTIONS BY QUARTER TOTAL
1st 2nd 3rd 4th
ENTER UNSUBSIDIZED EMPLOYMENT 5 10 13 18 18
Complete Training in:
Basic Education
Occupational Skills 0 6 9 12 12
Other Occupational Skills I 2 3 3 3
Attain a GED
•
Page 10 of 48
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Department or Agency No.: KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
EDWAA Quarterly Planned Activity and Expenditure Form
ENROLLMENT
ACTIVITIES 7/1/97-9/30/97 10/1/97-12/31/97 1/1/98-3/31/98 4/1/98-6/30/98 TOTAL
Carry-In Number N/A ,jkii . I! ' _ t ' . '
Total New Part. 3 6 7 10 10
Basic Readj 3 6 7 10 10
Retraining 3 5 6 6 6
OJT
1 2 2 2 2
Supp. Svs. 0 0 0 0 0
Needs-Rel Pay. N/A
QUARTERLY TERMINATIONS TOTAL
Entered 2 4 6 8 8
Employment
Negative
Termination
Returned to Layoff
Employer
TOTAL 2 4 6 8 8
E. E.Rate(%)
QUARTERLY EXPENDITURES TOTAL
Basic 570 1,140 1,837 2,534 2,534
Readjustment
Retraining 3,364 6,728 10,840 14,953 14,953
Needs-Related Pay. N/A
Supp. Svs. 115 230 371 513 513
Administration 450 900 1,450 2,000 2,000
TOTAL 4,499 8,998 14,498 20,000 20,000
Page 11 of 48
971166
Department or Agency No.: KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
5. Equal Employment Opportunity Benchmarks for both Title II-A and Title III
participants. The benchmarks stated below are the minimum goals for the enrollment
and placement of each specified target group:
TARGET GROUP ENROLLMENTS PLACEMENTS
Female 25 19
Black 0 0
Hispanic 4 2
Native American 0 0
Asian 0 0
Disabled 2 1
Veterans 7 4
6. Retention. Of all placements, 75 percent will have retained employment 60 days
following termination from the program.
7. Performance Evaluation. The planned participant information and training activities are for
evaluation only. In the event that the Contractor's performance is not within +/- 15% of
these goals, the State shall, in its sole discretion, retain the right to institute a program of
technical assistance proceeding to, if necessary, corrective action. The Contractor
understands and agrees that failure to achieve the goals as set out in this Contract will result
in a disallowance of reimbursement to the extent of such failure as provided in JTPA Letter
#91-17.
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971166
Department or Agency No.: KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
D. REPORTING REOUTREMENTS.
COMPLIANCE. The Contractor agrees to:
A. Determine, verify, and document the eligibility of all participants in accordance
with the State's eligibility and documentation and verification policy. For
participants required to be economically-disadvantaged, the following information
shall be collected: residency, age, family size, individual and total income,
citizenship, public assistance status, Military Selective Service Act compliance,
and, if appropriate, barriers to employment. For dislocated workers Economic
Dislocation and Worker Adjustment Assistance Act (EDWAA) programs, the
following must be documented: citizenship or work authorization, Military
Selective Service Act compliance and documentation of dislocated worker status.
B. Establish and maintain a participant file for each person enrolled in a JTPA program
under this Contract. The participant file will, at a minimum, consist of: a
completed JTPA Application, Transaction/Movement, and Termination forms,
Individual Service Strategy(ISS),grievance procedure, reading and math tests and
documentation/substantiation of eligibility. For Title II, support services and ISS
must be included as appropriate. For EDWAA, a work history and an ISS must be
included.
2. MANAGEMENT INFORMATION SYSTEMS. The Contractor agrees:
A. To utilize eligible systems that assure only JTPA-eligible and enrolled persons will
be served,and participant or applicant data will be maintained in the VAX system
on each enrolled participant or applicant.
B. The contractor shall ensure that the code WE7OW and WE7DO appears in the
CTN Field for each training activity directly paid for by this Contract, when the
participant record is viewed through the statewide Virtual Database. This may be
done either by directly entering the above code in the CTN field,or by entering the
code into the appropriate portions of the Contractor's contract system, and entering
locally defined codes into CTN, at the discretion of the Contractor.
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Department or Agency No.: KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
C. That only those participants for whom complete,timely data have been provided
shall be considered by the State in determining whether the terms of this Contract
have been fulfilled.
3. FINANCIAL.
A. The'Contractor shall report and expend funds in accordance with the Budget
Information Summary (Attachment 2), attached hereto and by this reference
incorporated herein.
B. The Contractor shall record expenditures in its accounting records by contract and
contract Budget Information Summary line item and shall report expenditures to the
State monthly on an Expense Report (ER) in accordance with the State's
"Subrecipient Financial Procedures" which shall be provided to the Contractor.
C. All funds allocated but not expended for the authorized purposes of this Contract,
shall be de-obligated by the State within 45 calendar days after the Contract ending
date.
D. The Contractor shall be reimbursed by the State under this Contract by submitting
a signed and dated Contract Reimbursement Document.
E. The Contractor shall limit cash to the minimum amounts needed and shall time
expenditure reimbursements to be in accord only with the actual immediate cash
requirements of the Contractor in carrying out the purpose of this Contract. The
timing and amount of cash expenditure reimbursements shall be as close as is
administratively feasible to actual disbursements by the Contractor.
4. PROPERTY MANAGEMENT. To purchase property with JTPA funds, a Property
Requisition and Authorization Form (PRAF)must be submitted to, and processed by, the
State. See "Property Management" (Section M.)or Property PGL#93-10-F4.
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Department or Agency No.:KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
5. SANCTIONS. Failure to comply with eligibility, participant file, management information
systems, financial and/or property reporting requirements will result in delay or denial of
approval of cash reimbursement document(CRD)for payment.
E. CONTRACTOR TRAINING. Disbursement of funds is contingent upon the Contractor
participating in Contractor Training,which relates to Financial and MIS,and is offered by the State
as needed. Exceptions may be given only with written approval by the Executive Director or
Associate Director of the State.
F. ACKNOWLEDGMENT OF FUNDING. All public relations materials,press releases and/or news
articles related to services provided under this Contract, will name the State and the Governor as a
funding source. Failure to comply with this provision may result in termination of this Contract.
G. QUARTERLY NARRATIVES. The Contractor agrees to provide a quarterly narrative report
within 30 calendar days after the end of each quarter which describes the status of the project
including obstacles and successes and progress in meeting the goals specified in the "Scope of
Services" section of this Contract.
EL PERIOD OF PERFORMANCE AND OPTION FOR RENEWAL. After the expiration of the
initial term of this Contract, this Contract may be renewed annually for 4 additional years,
depending upon this availability of funds to the State, and the satisfactory performance by the
Contractor as determined by the State. Renewal of this Contract shall be at the sole discretion of the
State. The Contractor understands that this renewal option represents no prior commitment by the
State to renew this Contract, and any such renewal shall be accomplished by proper amendment
according to State of Colorado Fiscal Rules, specifying the additional funds available. Such
amendment shall also provide for the modification of such other terms and conditions of this
Contract as are appropriate.
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Department or Agency No.:KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
EQUAL EMPLOYMENT OPPORTUNITIES/AFFIRMATIVE ACTION
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 administration of or in any program funded under this Contract
because of race, color, creed, national origin, age, sex, ethnic background, religion,
disability, or political affiliation or belief. The Contractor shall be governed by the
prohibitions against discrimination on the basis of age under the Age Discrimination in
Employment Act of 1975,on the basis of disability under Section 504 of the Rehabilitation
Act, on the basis of sex under Title IX of the Education Amendments of 1972, or on the
basis of race, color, or national origin under Title VI of the Civil Rights Act of 1976.
Programs and activities funded under the Civil Rights Act of 1976 are considered to be
programs receiving federal financial assistance and are all subject to all provisions of EEO.
2_ AFFIRMATIVE ACTION REOUIREMENTS.
A. Affirmative Action (AA) shall mean good faith efforts through specific steps to
eliminate the effects of past discrimination, thereby enhancing the organization's
ability to:
1. Bring into the workforce, qualified members of protected class groups;
2. Facilitate the upward mobility of protected class groups; and
3. Assure non-discriminatory treatment with respect to compensation, terms,
conditions,or privileges of employment.
B. The Contractor shall be required to maintain a written AA program which includes
as a minimum:
1. A description of the recruiting, training, or other functions that the
Contractor will be engaged to perform,as well as,the training and specific
steps that will be undertaken to insure that eligible individuals will:
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Department or Agency No.:KAA Contract Routing No.: 98-1026
(Describe Subject Matter ofContract)
This is a legal document. Legal counsel should be consulted before signing.
a. Be selected for participation in training;
b. Be referred for job openings;
in proportion to their representation in the eligible client population.
2. A description of how the Contractor will monitor the programs to keep an
accurate accounting of all training including:
a. Whether trainees successfully complete the training; and
•
b. Whether the trainees are or are not placed into employment.
The Office of Federal Contract Compliance along with the State will
monitor compliance and review data necessary to determine whether any
violation of Executive Order 11246 has occurred by any Contractor
subjected to those AA obligations.
3. A description of employee recruitment and hiring which insures adequate
utilization of women, Blacks, Hispanics, disabled persons, veterans, and
persons over the age of 55 in the workforce. AA goals and objectives in
hiring shall be based on either of the following measures:
a. U.S. Census data reflecting the percentage of each ethnic, age and
racial group available in the general labor force in the
classifications of Public Administrators; Counselors-Educational
and Vocational; Social Workers; Personnel, Training, Labor-
Relations Specialists, Secretaries,Clerks, and Receptionists; or,
b. Colorado Employment and Training Division: Job Service
applicant by occupation data reflecting the percentage of each
ethnic, age, and racial group available in the local labor force in
the above classifications.
3. IMPLEMENTATION.
A. The Contractor shall designate an individual to serve as the EEO/AA Officer. The
EEO/AA Officer will:
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Department or Agency No.:KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
1. Conduct an annual availability and utilization analysis to determine
underutilization of any group in any job classification;
2. Develop, implement, and continuously monitor the Contractor's AA plan.
Monitoring includes, but is not limited to: maintaining relevant statistics
on women, minorities, disabled individuals, veterans, senior citizens
possessing relevant skills within the local labor market, and any other
protected class;
3. Provide assistance to employers and subrecipients for the promotion of
EEO;
4. Advise the administrator in charge of the program regarding regulations
and guidelines of federal, state and local agencies as they affect EEO and
the AA plan of the Contractor;
5. Maintain liaison with appropriate federal and state agencies;
6. Provide consultation and assistance on all AA and EEO-related personnel
matters;
7. Assist in the orientation of new employees, as required, and counsel
employees on equal opportunity matters;
8. Review and approve appointments, promotions, disciplinary actions,
separations, and layoffs for compliance with EEO standards set forth
above;
9. Recommend employment goals and time-tables,to the Contractor,perform
annual analysis of the agency's workforce, staff utilization of available
labor force possessing requisite skills, prepare quarterly reviews of the
agency's performance against established goals, and recommend revisions
to the AA plan;
10. Disseminate EEO/AA information to employers, sub-recipients, and
employees;
11. Review Contractors bidding on and holding regarding their compliance
with EEO standards set forth above; and,
12. Provide for and conduct in-depth equal opportunity compliance reviews as
deemed necessary to assure effective EEO implementation.
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Department or Agency No.:KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
J. PAYMENT CONTINGENCY. The parties hereto expressly recognize that the Contractor is to be
paid,reimbursed or otherwise compensated with funds provided to the State by the U.S.D.O.L.under
the JTPA and/or the EDWAA. Therefore,the Contractor expressly understands and agrees that all
its rights, demands, and claims to compensation arising under this Contract are contingent upon
receipt of such funds and upon the State's continued receipt of such funds. If any part of the funds
are not received by the State, for any reason,then the State may unilaterally terminate this Contract,
or,with the consent of the Contractor,modify the terms hereof. Insofar as this contingency affects
the Contractor, subrecipients or suppliers, for mutual protection of the parties,the Contractor agrees
to include this contingency in all its subcontracts.
K. TERMINATION. The performance of work under this Contract may be terminated, in whole or
in part, by the State in accordance with the following provisions and/or the "Termination For
Convenience" (Section R.1 1.)and "Termination For Default(Cause)" (Section R.12.) provisions of
this Contract:
I. The State may terminate this Contract when it has been determined that the Contractor has
failed to provide any or all of the services specified or, failed to comply with any federal
requirements or provisions contained within this Contract. The State shall notify the
Contractor of such unsatisfactory performance in writing. The Contractor shall have thirty
(30)working days,unless otherwise specified in the notice,after receipt in which to respond
with a written plan acceptable to the State for the correction of noted deficiencies. If the
Contractor does not respond within the appointed time with appropriate plans,then the State
shall serve a termination notice on the Contractor.
2. The State may terminate this Contract if it is determined that the federal or state government
has debarred or suspended the Contractor within a three year period preceding the effective
date of this Contract,or debars the Contractor during the term of this Contract, pursuant to
29 CFR 98 and 24-109-105 CRS.
3. The State may request in writing,a termination of this Contract when both parties agree that
continuation of the services specified in the"Statement of Work"section of this Contract
would not produce beneficial results commensurate with the further expenditure of funds.
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Department or Agency No.: KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
4. After receipt of a notice of termination,the Contractor shall:
A. Transfer title of all Contract property, real or personal,tangible or intangible,to the
State(to the extent that title has not already been transferred)and deliver all such
property to the State in a manner and at a time specified by the State.
B. Take such action as may be necessary, or as may be directed, to protect and
preserve all property,real or personal,tangible or intangible,related to this Contract
which is in the possession of the Contractor and in which the State has or may
acquire an interest.
5. After receipt of a notice of termination, the Contractor receiving such notice shall submit
to the State a completed and acceptable fiscal closeout package in the form and with the
certification prescribed by the State. This closeout package shall be submitted promptly,
but in no event later than two(2)months from the effective date of termination, unless one
or more extensions in writing are granted by the State.
6. The Contractor shall have the right to appeal any unilateral determination to terminate in
accordance with the applicable provisions of the JTPA. In any event, if the State has made
a determination of the amount due,then the State shall pay the Contractor the following:
A. If there is no right of appeal hereunder or, if no timely appeal has been submitted,
then the amount determined by the State.
B. If there is a right of appeal, and a timely appeal has been filed, then the amount
finally determined on such appeal.
7. The State may, from time to time, under such terms and conditions as it may prescribe,
make partial payments on account against costs incurred by the Contractor in connection
with the terminated portion of this Contract whenever, in the opinion of the State, the
aggregate of such payment(s) shall be within the amount to which the Contractor would
otherwise be entitled to hereunder.
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Department or Agency No.: KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
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L. MANAGEMENT ACTIVITIES.AUDIT. AND RECORD MAINTENANCE.
1. RETENTION OF FISCAL RECORDS. In addition to any requirements imposed elsewhere
in this Contract,the Contractor shall retain accurate,current,separate,and complete records
which are sufficient and otherwise adequate to provide full disclosure of the status of the
funds received under this Contract. The Contractor, and its subrecipient(s), if any, shall
retain all such records for a minimum period of not less than three (3) years after the close
of the applicable program year in accordance with Policy Guidance Letter(PGL)#95-22-
ADS. All such records shall be sufficient to allow the U.S.D.O.L., independent firms
conducting audits of JTPA funds, and the State to audit and monitor the Contractor.
2. RETENTION OF APPLICANT, ELIGIBLE APPLICANT, PARTICIPANT,TERMINEE
EMPLOYEE AND APPLICANT FOR EMPLOYMENT RECORDS. In accordance with
PGL#95-22-AD5 and 29 CFR Part 34,the Contractor and its subrecipient(s), if any, shall
retain, for a minimum period of not less than three(3)years from the close of the applicable
program year, applicant, eligible applicant, participant,terminee, employee and applicant
for employment records.
3. PARTICIPANT RECORDS. Participant Records shall record any participant's involvement
in a JTPA program including,but not limited to,dates of entry,eligibility,participation,and
termination.
4. RETENTION OF COMPLAINT RECORDS. The Contractor, and its subrecipient(s), if
any, shall retain, for a minimum period of not less than three (3) years from the date of
resolution, all records regarding program complaints and all actions taken to resolve such
complaints.
5. AUTOMATIC EXTENSION OF RETENTION PERIOD. If pending litigation, an audit,
or a claim involving a grant or agreement covered by the records referred to above is
initiated prior to the end of the above-referenced retention periods, then such retention
periods automatically renew for an additional period of three (3) years or until such
litigation,audit,or claim is finally resolved.
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Department or Agency No.:KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
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6. COMPLIANCE WITH APPLICABLE AUDIT REQUIREMENTS. The Contractor shall
ensure that it, and its subrecipient(s), if any,comply with all provisions of the Single Audit
Act Amendments of 1996(Public Law 104-156)and,revised OMB Circular A-133. If the
Contractor expends$300,000 or more of federal awards in the Contractor's fiscal year,then
the Contractor shall submit an audit report, made in accordance with the Single Audit Act
Amendments of 1996(Public Law 104-156)and revised OMB Circular A-133,to the State
within the earlier of thirty(30)calendar days after receipt of the auditor's report; or thirteen
(13) months after the end of the period audited. The Contractor shall establish an audit
committee that engages an independent auditor, determines the services to be performed,
reviews the progress of the audit and the final audit findings,and intervenes in any disputes
between management and the independent auditors. The Contractor shall also institute
policy and procedures for its lower tier subrecipients that comply with these audit
provisions.
7. RIGHTS OF INSPECTION. The State, the U.S.D.O.L., the Comptroller General of the
United States, the State's auditors and any of their authorized representatives shall, during
business hours, have access to audit, inspect, examine, excerpt, and copy books, records,
memoranda,correspondence,personnel staffing records, independent audit work papers and
any other documents, and shall be allowed to monitor and review through on-site visits, all
program activities, personnel staff, services and programmatic and administrative practices,
supported with funds under this Contract to ensure compliance with the terms of this
Contract, and provisions of any subcontracts funded in whole or in part through this
Contract. The right to access lasts beyond the prescribed period of record retention, and as
long as records are available in accordance with 20 CFR 627.460(e).
8. REVIEW OF FINDINGS. The Contractor shall review the findings of the State or its
representatives and shall act promptly,as directed by the State,to remedy deficiencies noted
in such findings. If corrective action is not taken and such deficiencies persist, the State
may terminate this Contract.
A. If corrective action requires the Contractor to repay any JTPA funds expended for
unallowable purposes,then"stand-in costs"may be substituted for disallowed costs
where such"stand-in costs"were: incurred during the same program year, paid for
with non-federal funds;and,allowable under the same JTPA program Title and cost
category as the amounts disallowed. The availability or use of"stand-in costs"
must be reported to the State.
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9. CONDUCT OF FINANCIAL ACCOUNTING. If the State determines that the record
keeping system of the Contractor does not comply with federal guidelines,then the State
may conduct a financial accounting of the Contractor's records, either through its staff, an
accounting firm, or a bank approved by the State. All costs incurred by the State in
conducting a financial accounting of the Contractor's records shall be deducted on a
monthly basis from other funds allocated to the Contractor
M. SUBCONTRACTING. The Contractor shall not subcontract the performance of any part of its
duties which relate to the administration of funds under this Contract except in accordance with the
terms of this Contract or with the prior written consent of the State approving the subcontractor.
N. PROPERTY MANAGEMENT. With regard to property management,the Contractor shall comply
with the State's property management procedures and all relevant JTPA letters and PGLs. The
Contractor ensures that it will maintain proper inventory control over all nonexpendable supplies
and property purchased with JTPA funds.
O. CHANGES IN STATEMENT OF WORK.
1. MODIFICATION BY OPERATION OF LAW. This Contract is subject to such
modification as may be required by changes in federal or state law or regulations. Any such
required modification shall be incorporated into and be part of this Contract as if fully set
forth herein.
2. PROGRAMMATIC MODIFICATIONS. The Contractor shall follow the revision
procedures set forth by the State.
A. The Contractor must submit a written request to the State and obtain prior written
approval for changes to the Statement of Work, the objective of the Contract, or
dollar amount changes.
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Department or Agency No.: KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
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B. In addition to the foregoing procedure, prior approval for such changes must be
authorized by the State in an amendment to this Contract properly executed and
approved in accordance with applicable law under the following circumstances:
1. When an increase or decrease of Contract total is desired; and
2. When the Statement of Work or the objective of the Contract changes
substantially, as determined by the State.
Under such circumstances, the State's approval is not binding until the Contract
amendment is executed.
P. 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.
¢ OTHER ASSURANCES.
I. COMPLIANCE WITH FEDERAL LAW. The Contractor assures that it will fully comply
with the JTPA, all regulations promulgated thereunder, and all other applicable federal and
state laws, rules and regulations.
2. COMPLIANCE WITH STATE LAW. The Contractor assures that in operating programs
funded under the JTPA, it shall comply with all State directives, such as JTPA letters and
PGLs.
3. SAFEGUARD AGAINST FRAUD. The Contractor assures that it will administer its JTPA
programs in full compliance with all safeguards against fraud and abuse as set forth in the
JTPA and its implementing regulations.
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Department or Agency No.: KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
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4. ADHERENCE TO GRIEVANCE PROCEDURE. The Contractor shall abide by the
provisions of Section 144 of the JTPA, which section concerns grievance procedures.
Further, the Contractor shall follow all applicable federal regulations governing the
resolution of all grievances and complaints, including those grievances and complaints
based on discrimination. Finally,the Contractor shall follow all pertinent Governor's policy
issuances concerning grievance procedures.
5. PROHIBITION ON USE OF FUNDS. No funds provided under this Contract shall be used,
or proposed for use:
A. To encourage or induce the relocation of a business establishment, or part thereof,
that results in a loss of employment for any employee of such establishment at the
original location.
B. For customized training, skill training, on-the-job training, or company specific
assessments of job applicants or employees,for any business establishment, or any
part thereof,that has relocated, until one hundred,twenty(120) calendar days after
the date on which such establishment commences operations at the new location,
if the relocation of such business establishment, or any part thereof, results in the
loss of employment for any employee of such establishment at the original location,
JTPA Section 141(c).
C. For employment generating activities,economic development activities, investment
in revolving loan funds,capitalization of businesses, investment in contract bidding
resource centers, and similar activities.
D. For foreign travel, if the Contractor receives funds under either Title II or Ill of the
JTPA, Section 141(q).
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Department or Agency No.: KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
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6. COMPLIANCE WITH SPECIFIC FEDERAL ACTS. The Contractor assures and certifies
that in administering programs under the JTPA:
A. It will comply with all applicable provisions of the Uniform Relocation Assistance
and Real Property Acquisition Act of 1970, (URARPAA), Public Law 91-646,
which requires the fair and equitable treatment of persons displaced as a result of
federal and federally-assisted programs.
B. It will comply with all applicable provisions of the Hatch Act, which limits the
political activities of certain state and local government employees.
C. For all grants, subgrants, contracts, and subcontracts in excess of One Hundred
Thousand Dollars($100,000);or where the grant officer has determined that orders
under an indefinite quantity contract or subcontract in any year will exceed One
Hundred Thousand Dollars ($100,000); or, if a facility proposed for use by the
Contractor has been the subject of a conviction under the Clean Air Act(42 U.S.C.
1857-8)(c)(1)or the Federal Water Pollution Control Act(33 U.S.C. 1319 [C])and
is listed by the Environmental Protection Agency(EPA)or is not otherwise exempt,
the Contractor assures that:
1. No facility to be utilized in the performance of this Contract has been listed
on the EPA list of Violating Facilities;
2. It will notify the Regional Administrator,prior to any award, of the receipt
of any communication from the Directors, Office of Federal Activities,
U.S. EPA, indicating that a facility to be utilized for this Contract is under
consideration to be listed on the EPA list of Violating Facilities; and
3. It will include this assurance, including this third part, in every non-exempt
subgrant,contract or subcontract.
D. It will comply with all applicable labor standards as set forth in Section 143 of the
JTPA (20 CFR 627.603 and 627.604).
E. All grievances concerning the conduct of the Contractor shall follow the grievance
procedures set forth in 20 CFR 627.500 et seq..
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F. It will comply with all applicable Child Labor laws.
G. It will comply with all applicable safety standards of the Occupational Safety and
Health Act(OSHA).
H. It will comply with all applicable provisions of the Davis Bacon Act.
I. It will comply with all applicable provisions of the Wagner-Peyser Act.
J. It will comply with all applicable provisions of Part C of Title IV of the Social
Security Act.
K. It will comply with all applicable provisions of the Military Selective Services Act.
L. It will comply with all applicable provisions of Section 665,Title 18, United States
Code.
M. It will comply with all applicable provisions of the Fair Labor Standards Act of
1938.
N. It will comply with Section 18-8-301, C.R.S., as amended (Bribery and Corrupt
Influence).
O. It will comply with Section 18-8-401 through 408,C.R.S.,as amended, (Abuse of
Public Office).
P. It will comply with all applicable provisions of PGL#93-02-AD1 and PGL#93-11-
AD1, Procurement Policy.
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Department or Agency No.: KAA Contract Routing No.: 98-1026
(Describe Subject Matter ofContract)
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7. MAINTENANCE OF JTPA FUNDS IN APPROPRIATE FINANCIAL INSTITUTIONS.
The Contractor, and its subcontractor(s), if any, shall maintain all JTPA funds in cash
depositories which have Federal Deposit Insurance Corporation(FDIC)insurance coverage.
If the Contractor's account balance exceeds the FDIC maximum coverage on deposits at any
one financial institution, then all JTPA funds in excess of that insurance coverage shall be
collaterally secured on a daily basis at other FDIC financial institutions.
8. FIDELITY BOND REQUIRED. Prior to the initial disbursement of funds to the Contractor
under this Contract, the Contractor shall ensure that every officer, director, agent, or
employee authorized to act on behalf of the Contractor in receiving or depositing funds into
program accounts; or in issuing financial documents, checks, or other instruments of
payment for program costs shall obtain a fidelity bond to protect the State against the loss
of any money for any reason. Fidelity bonds for each such person shall be in an amount
equal to ten percent(10%)of the Contract Amount received from the State. A copy of all
current fidelity bond(s) shall be provided to the State on or before July I of each year. If
a fidelity bond for any person of the Contractor is canceled or, coverage is substantially
reduced, then the Contractor shall immediately notify the State and the State shall not
disburse any funds thereafter to the Contractor until the State receives and acknowledges
a written assurance from the Contractor that adequate insurance coverage has been
reacquired for any such person.
9. MAINTENANCE OF INTEGRITY IN THE EXPENDITURE OF PUBLIC FUNDS. The
Contractor shall take every reasonable course of action to maintain the integrity of the
expenditure of public funds and to avoid any favoritism, conflict of interest, or other
questionable or improper conduct. The Contractor shall administer this Contract in an
impartial manner, free from personal, financial, political,or other questionable or improper
gain or motive. In administering this Contract, the Contractor, its executive staff, and
employees, shall avoid situations which give rise to a suggestion that any decision of the
Contractor was influenced by prejudice, bias, special interest, or personal gain.
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Department or Agency No.: KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
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10. CERTIFICATIONS'. The Contractor certifies that it and its principals:
A. Are not presently debarred,suspended,proposed for debarment,declared ineligible,
or voluntarily excluded from covered transactions by any federal department or
agency.
B. Have not, within a three-year period preceding the effective date of this Contract,
been convicted of or had a civil judgement rendered against them for commission
of fraud or a criminal offense in connection with obtaining, attempting to obtain,
or performing a public(federal, state or local)transaction or contract under a public
transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements,or receiving stolen property.
C. Are not presently indicted for, or otherwise criminally or civilly charged by a
government entity (federal, state or local), with commission of any offenses
enumerated in this Contract.
D. Have not within a three-year period preceding the effective date of this Contact,had
one or more public transactions (federal, state, or local) terminated for cause or
default.
E. Pursuant to the Drug Free Work Place of 1988, 45 CFR Part 76, Subpart F, shall
provide a drug-free workplace. The Contractor further agrees to complete the
required "Certification of Compliance with the Requirements of the Federal Drug-
Free Workplace Act of 1988", incorporated herein by reference, and attached
hereto,as"Attachment 3". A completed and signed original Certification shall be
provided to the State by the Contractor.
F. Shall comply with 49 CFR, Part 20,and JTPA Letter#90-12, relative to Lobbying
Certification.
If the Contractor is unable to certify to any of the statements in this section of the Contract,
then the Contractor shall attach an explanation to this Contract explaining why the Contractor cannot provide
a given certification.
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I1. COMPLIANCE WITH APPLICABLE FEDERAL ANTI-DISCRIMINATION
PROVISIONS. As a condition to the award of financial assistance under the JTPA from the
U.S.D.O.L.,the Contractor shall,with respect to the operation of the JTPA-funded program
or activity and all subordinate agreements or arrangements to carry out that JTPA-funded
program or activity, comply fully with the nondiscrimination and equal opportunity
provisions of the JTPA, including the Nontraditional Employment for Women Act of 1991,
(NEWA); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; the Age Discrimination in Employment Act of
1975,as amended (ADEA);Title IX of the Education Amendments of 1972, as amended;
the Americans with Disabilities Act, as amended (ADA); and with all other applicable
requirements imposed by or pursuant to regulations implementing those laws, including but
not limited to: 29 CFR part 34. The Contractor acknowledges that the United States has the
right to seek judicial enforcement of this section of this Contract.
12. EXCLUSION FROM PATENT, COPYRIGHT, AND TRADEMARK LAW. The
Contractor, its subcontractors, the State, the SDAs, the sub-state grantees (SSG)and their
subgrantees,contractors and other subrecipients are expressly excluded from the protection
of federal and state patent, copyright, and trademark law on material that has been
developed with the use of federal or state funds. All such material is considered by the State
to be in the public domain.
R. ADDITIONAL PROVISIONS.
LEGAL AUTHORITY. The parties warrant that each possesses actual, legal authority to
enter into this Contract. The parties further warrant that each has taken all actions required
by its applicable law,procedures,rules,or by-laws to exercise that authority,and to lawfully
authorize its undersigned signatory to execute this Contract and bind that party to its terms.
The person or persons signing this Contract,or any attachments or amendments hereto,also
warrant(s)that such person(s)possesses actual, legal authority to execute this Contract, and
any attachments or amendments hereto,on behalf of that party.
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2. RELATIONSHIP OF PARTIES. THE CONTRACTOR SHALL PERFORM ITS
DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN
EMPLOYEE OF THE STATE. NEITHER THE CONTRACTOR NOR ANY
EMPLOYEE OR AGENT OF THE CONTRACTOR SHALL BE, OR SHALL BE
DEEMED TO BE. AN EMPLOYEE OR AGENT OF THE STATE. THE
CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT
TAXES AND INCOME TAX AND LOCAL HEM) TAX ON ANY MONIES PAID
PURSUANT TO THIS CONTRACT. THE CONTRACTOR ACKNOWLEDGES
THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO
UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR
A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES
NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. THE
CONTRACTOR SHALL HAVE NO AUTHORIZATION,EITHER EXPRESS OR
IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR
UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. THE
CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS'
COMPENSATION INSURANCE COVERAGE (AND SHOW PROOF OF SUCH
INSURANCE COVERAGE) AND UNEMPLOYMENT COMPENSATION
INSURANCE IN THE AMOUNTS REQUIRED BY LAW,AND SHALL BE SOLELY
RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR,ITS EMPLOYEES AND
AGENTS.
3. CONFLICT OF INTEREST. The Contractor,and its subcontractors, if any, shall maintain
a written code of conduct governing the performance of persons engaged in the award and
administration of JTPA contracts and subgrants, 20 CFR 627.420(c)and PGL#96-07-L5.
4. INSURANCE(MINIMUM REOUIREMENTS FOR ALL CONTRACTS). The Contractor
shall procure,at its own expense, and maintain in effect,the following insurance coverages
for the duration of this Contract:
A. 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.
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B. Comprehensive General Liability or Commercial General Liability insurance, to
include bodily injury, personal injury, and property damage coverage, in the
following minimum amounts:
1. Combined single limit of$600,000 written on an occurrence basis;
2. A general, annual aggregate limit of not less than $1 million; and,
3. The Contractor must purchase additional insurance if claims against the
Contractor reduce the available general aggregate amount below$600,000
during the term of the Contract.
C. The State of Colorado is to be named as additional insured on each comprehensive
general liability policy.
D. All insurance policies shall contain a provision which prevents cancellation of the
policy without sixty(60)days' prior written notice, by certified mail, return receipt
requested, of such cancellation to the State.
E. Certificates of Insurance shall be provided to the State by the Contractor within
seven(7)working days after receipt of award, unless otherwise provided for in this
Contract.
F. Automobile Liability insurance in the following minimum amounts:
I. $600,000 combined single limit auto insurance,
G. The Contractor shall provide such other insurance as may be required by law, or in
a specific solicitation.
H. For any insurances that are required by the Request For Proposals, the insurance
policy shall include provisions preventing cancellation without sixty(60)days'prior
written notice,by certified mail, return receipt requested,to the State.
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5. CONFIDENTIALITY OF RECORDS.
A. In the event that the Contractor obtains access to any records, files,or information
of the State in connection with, or during the performance of, this Contract, the
Contractor shall keep all such records,files,or information confidential and shall
comply with all laws and regulations concerning the confidentiality of such records,
files, or information to the same extent as such laws and regulations apply to the
State.
B. If this Contract is subject to the Colorado Employment Security Act, Articles 70 to
82 of Title 8, C.R.S., (CESA), then the Contractor is designated an agent of the
State, but only for the purposes of the confidentiality requirements of the CESA.
As such, the Contractor agrees to be bound by all confidentiality requirements of
the CESA.
C. The Contractor agrees to notify and advise all of its employees, agents, consultants,
licensees, or sub-contractors in writing of the above requirements and of the
possible penalties and fines that may be imposed for any violation thereof
D. Any breach of confidentiality by the Contractor, or third party agents of the
Contractor,shall constitute good cause for the State to cancel this Contract,without
liability to the State.
E. Any State waiver of an alleged breach of confidentiality by the Contractor, or third
party agents of the Contractor, does not constitute a waiver of any subsequent
breach by the Contractor, or third party agents of the Contractor.
6. OWNERSHIP OF MATERIALS,INFORMATION, DATA, COMPUTER SOFTWARE
DOCUMENTATION,STUDIES,AND EVALUATIONS. Unless otherwise provided for
in this Contract, the parties agree that all material, information, data, computer software,
studies,evaluations, reports,photographs,negatives, or any other documents, drawings, or
medium produced or prepared by the Contractor in the performance of this Contract are the
sole property of the State. All such items shall be delivered to the State by the Contractor
upon completion,termination,or cancellation of this Contract. The Contractor shall not use,
willingly allow another to use,or cause such items to be used for any purpose other than for
the performance of the Contractor's duties and obligations under this Contract without the
prior, express,written consent of the State.
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7. PATENT RIGHTS. If any invention,improvement,or discovery of the Contractor/Grantee,
or any of its third party contractors, is conceived or first actually reduced to practice during
the term or course of,this Contract, and if such is patentable,then the Contractor/Grantee
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/Grantee,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/Grantee shall include the requirements of this paragraph
in its third party contracts, if any, for the performance of work under this Contract.
8. RIGHTS IN DATA AND COPYRIGHT.
A. Except for its own internal use, the Contractor/Grantee 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 this is delivered or
specified to be delivered under this Contract. Nor may the Contractor/Grantee
authorize or permit others to do so,without the prior,express,written consent of the
federal government, through the State, until such time as the federal government
may have released such data or other information to the public.
B. As authorized by 49 C.F.R. I8.34, the federal government, through the State,
reserves a royalty free,non-exclusive,and irrevocable license to reproduce,publish,
or otherwise use, and to authorize the State or others to reproduce, publish, or
otherwise use: 1. any work developed under this Contract,or a resulting third party
contract, irrespective of whether that work is already copyrighted; and, 2. any
rights of copyright to which the Contractor/Grantee, subrecipient, or third party
contractor purchases ownership with federal assistance.
C. The State shall have unlimited right to any data first produced or delivered under
this Contract. The Contractor shall comply with the copyright requirements of 29
CFR 97.34. The Contractor shall give notice of these rights in data and copyright
requirements in all its subrecipient and vendor agreements in accordance with 20
CFR 627.420(h)(4).
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9. REMEDIES OTHER THAN TERMINATION FOR DEFAULT. In addition to any other
remedies provided for in this Contract, or by law, the State may exercise the following
remedial actions if the Contractor substantially fails to satisfy or perform its duties and
obligations of under this Contract. "Substantial failure to satisfy or perform" is defined to
mean: unsatisfactory, insufficient, incorrect, or improper actions or inactions by the
Contractor in performing its duties and obligations under this Contract. The additional
remedial actions include, but are not limited to:
A. Suspension of further performance by the Contractor pending completion of
necessary corrective action(s)by the Contractor as specified by the State.
B. Withholding of further payments to the Contractor until necessary services or
corrective actions are satisfactorily completed by the Contractor.
C. Removing from further work on the Contract those employees of the Contractor
whom the State believes, in good faith, are incompetent, unsatisfactory,
insubordinate,or otherwise unsuitable, or whose continued performance under the
Contract is deemed, in good faith, to be contrary to the public interest or the
interest(s)of the State.
D. Deny payment for those services or obligation of the Contractor which have not yet
been performed and which,due to circumstances caused by the Contractor, cannot
be performed, or if performed, would be of no value to the State. Denial of
payment must be reasonably related to the amount of services or performance lost
to the State because of the Contractor's actions.
E. Terminate this Contract immediately as set forth in the Termination for Default
paragraph of this Section but without further liability to the State, including,but not
limited to, liability for termination costs.
10. TERMINATION DUE TO THE LOSS OF FEDERAL FUNDING. The parties hereto
expressly recognize that the Contractor is to be paid,reimbursed,or otherwise compensated,
in whole or in part, from available Federal funds. Therefore, the Contractor expressly
understands and agrees that all of its rights,demands,or claims to compensation under this
Contract are subject to, and contingent upon, the continuing availability of those Federal
funds for the purposes hereof. In the event that said funds, or any part thereof, are, or
become unavailable,as determined by the State,then the State may immediately terminate
or amend this Contract.
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(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
11. TERMINATION FOR CONVENIENCE.
A. The State may,when the interests of the State so require,terminate this Contract in
whole or in part, for the convenience of the State. The State shall give written
notice of the termination to the Contractor specifying the part(s) of the Contract
terminated and when termination becomes effective. This paragraph in no way
implies that the State has breached this Contract by the exercise of this paragraph.
B. The Contractor shall incur no further obligations in connection with the terminated
work and on the date set in the notice of termination the Contractor will stop work
to the extent specified. The Contractor shall also terminate outstanding orders and
subcontracts as they relate to the terminated work. The Contractor shall settle the
liabilities and claims arising out of the termination of subcontracts and orders
connected with the terminated work. The State may direct the Contractor to assign
the Contractor's right, title, and interest under terminated orders or subcontracts to
the State. The Contractor must still complete and deliver to the State the work not
terminated by the Notice of Termination and may incur obligations as are necessary
to do so.
C. The Contractor shall submit a termination claim specifying the amounts due
because of the termination for convenience together with all cost or pricing data
related to such claim. If the Contractor fails to file a termination claim within
ninety(90)calendar days from the effective date of termination,then the State may
pay the Contractor, if at all, an amount set in accordance with subparagraph E. in
this paragraph.
D. The State and the Contractor may agree to a settlement provided the Contractor has
filed a timely termination claim supported by cost or pricing data and that the
settlement does not exceed the total Contract price plus settlement costs, reduced
by payments previously made by the State to the Contractor,the proceeds of any
sales of supplies and manufactured materials made under agreement, and the
Contract price of the work not terminated.
E. Absent complete agreement under subparagraph D.of this paragraph,the State shall
pay the Contractor the following amounts, provided payments agreed to under
subparagraph D. shall not duplicate payments under this subparagraph:
1. contract prices for supplies or services accepted under this Contract;
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(Describe Subject Matter of 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 Contract would have been completed, no profit shall be
allowed or included and the amount of compensation shall be reduced to
reflect the anticipated rate of loss;
3. costs of settling and paying claims arising out of the termination of
subcontracts or orders pursuant to subparagraph B. of this paragraph.
These costs must not include costs paid in accordance with subparagraph
D. of this paragraph;
4. the reasonable settlement costs of the Contractor including accounting,
legal,clerical, and other expenses reasonably necessary for the preparation
of settlement claims and supporting data with respect to the terminated
portion of this Contract and for the termination and settlement of
subcontracts thereunder,together with reasonable storage, transportation,
and other costs incurred in connection with the protection terminated
part(s)of this Contract. The total sum to be paid the Contractor under this
subparagraph shall not exceed the total Contract price reduced by the
amount of payments otherwise made,the proceeds of any sales of supplies
and manufacturing materials under subparagraph B. of this paragraph, and
the Contract price of work not terminated.
5. all costs claimed or agreed to under this paragraph shall be in accordance
with applicable sections of the State of Colorado Procurement Code.
12. TERMINATION FOR DEFAULT(CAUSE).
A. If the Contractor refuses or fails to timely perform any of the provisions of this
Contract with such diligence as will ensure its completion within the time specified
in this Contract, the State shall notify the Contractor in writing of the non-
performance, and if not promptly corrected, the State may terminate the
Contractor's right to proceed with the Contract or such part of the Contract as to
which there has been delay or a failure to properly perform. The Contractor shall
continue performance of the Contract to the extent it is not terminated and shall be
liable for excess costs incurred in procuring similar goods or services elsewhere.
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Department or Agency No.: KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
B. Notwithstanding termination of the Contract,and subject to any directions from the
State,the Contractor shall take timely, reasonable, and necessary action to protect
and preserve property in the possession of the Contractor in which the State has an
interest.
C. Payment for completed purchased services, work performed or supplies or
delivered and accepted by the State shall be at the Contract price. The State may
withhold amounts due to the Contractor as the State deems to be necessary to
protect the State against loss because of outstanding liens or claims of former lien
holders and to reimburse the State for the excess costs incurred in procuring similar
goods and services.
D. The Contractor shall not be in default by reason of any failure in performance of
this Contract in accordance with its terms if such failure arises out of acts of God;
acts of the public enemy; acts of the State and any governmental entity in its
sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions;
strikes or other labor disputes; freight embargoes; or unusually severe weather.
E. Upon request of the Contractor,the State shall ascertain the facts and extent of such
failure,and, if the State determines that any failure to perform was occasioned by
any one or more of the excusable causes, and that, but for the excusable cause, the
Contractor's progress and performance would have met the terms of this Contract,
the delivery schedule shall be revised accordingly, subject to the rights of the State.
F. If after notice of termination of the Contractor's right to proceed under the
provisions of this paragraph, it is determined for any reason that the Contractor was
not in default under the provisions of this paragraph, or that the delay was
excusable,the rights and obligations of the parties shall be the same as if the notice
of termination had been issued pursuant to the termination for convenience clause.
13. SEVERABILITY. To the extent that this Contract may be executed and performance of the
obligations of the parties may be accomplished within the intent of this Contract,the terms
of this Contract are severable. If any term or provision of this Contract is declared invalid
by a court of competent jurisdiction, or becomes inoperative for any reason, then such
invalidity or failure shall not affect the validity of any other term or provision of this
Contract.
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Department or Agency No.:KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
14. WAIVER. The waiver of a breach of a term or provision of this Contract shall not be
construed as a waiver of a breach of any other term or provision of this Contract or, as a
waiver of a breach of the same term or provision upon subsequent breach.
15. ASSIGNMENT. This Contract is in the nature of personal services. Therefore,the rights,
duties, and obligations of the Contractor cannot be assigned, delegated, or otherwise
transferred, except with the express written consent of the State.
16. CONTRACT BINDING ON SUCCESSORS. Except as otherwise provided herein, this
Contract shall inure to the benefit of, and be binding upon, the parties hereto and their
respective successors and assigns.
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Department or Agency No.: KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
17. REPRESENTATIVES. For the purposes of this Contract, the persons identified below are
hereby designated as representatives of the respective parties to this Contract. Either may,
from time to time, designate in writing new or substitute representatives.
CONTRACTOR:
Linda E. Piper
(Name of Contact Person)
Director
(Title, if any)
Weld County Agency on Aging
(Name of Company)
1551 N. 17th Ave . (P.O. Box 1805 )
(Street Address)
Greeley , CO 80632
(City, State & Zip Code)
(970 ) 353-3800 , Ext . 3320
(Telephone Number)
STATE:
Melvin.Madden
Associate Director, Finance
Department of Labor and Employment
1515 Arapahoe Street,Tower 2,Suite 400
Denver, CO 80202-2117
(303) 620-4400
18. NOTICE OF PENDING LITIGATION. Unless otherwise provided for in this Contract,the
Contractor shall notify the State, within five (5) working days after being served with a
summons, complaint, or other pleading in a case which involves services provided under
this Contract and which has been filed in any federal or state court or administrative agency.
The Contractor shall immediately deliver copies of any such documents to the State.
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Department or Agency No.: KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
19. NOTICE PROCEDURE. All notices required and permitted pursuant to this Contract shall
be in writing and shall be deemed given when personally served or three (3) days after
deposit in the United States Mail,certified mail, return receipt requested,and addressed to
the following parties or to such other addressee(s) as may be designated by a notice
complying with the foregoing requirements.
CONTRACTOR:
Linda E. Piper
(Name of Contact Person)
Director
(Title,if any)
Weld County Agency on Aging
(Name of Company)
1551 N. 17th Ave . (P .O. Box 1805)
(Street Address)
Greeley, CO 80632
(City,State & Zip Code)
(970 ) 353-3800 , Ext . 3320
(Telephone Number)
STATE:
Melvin Madden
Associate Director,Finance
Department of Labor and Employment
1515 Arapahoe Street,Tower 2,Suite 400
Denver, CO 80202-2117
(303) 620-4400
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Department or Agency No.: KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
20. MODIFICATIONS AND AMENDMENTS. This Contract is subject to such modifications
as may be required by changes in applicable federal or state law, or federal or state
implementing rules, regulations, or procedures of that federal or state law. Any such
required modification shall be automatically incorporated into, and be made a part of, this
Contract as of the effective date of such change as if that change were fully set forth herein.
Except as provided above, no modification of this Contract shall be effective unless such
modification is agreed to in writing by both parties in an amendment to this Contract that
has been previously executed and approved in accordance with applicable law.
21. ADHERENCE TO APPLICABLE LAWS. At all times during the term, performance, or
execution of this Contract,the Contractor shall comply with all applicable federal and state
laws,regulations,rules or procedures, as these provisions currently exist, or may hereafter
be amended,all of which are incorporated herein by reference and made a part of the terms
and conditions of this Contract.
22 HEALTH AND SAFETY COMPLIANCE. The Contractor and the State will adhere to all
applicable health, safety and environmental laws, rules and regulations, including, but not
limited to the rules and regulations of the Occupational Safety and Health Administration
("OSHA") and the Environmental Protection Agency ("EPA"), (collectively, "Safety
Regulations"). Unless otherwise specified in this Contract, the Contractor will not work in
any area where a Hazardous Substance is present. "Hazardous Substance" means a
substance regulated by any Safety Regulation and includes, but is not limited to, asbestos.
The Contractor may work in an area containing non-friable asbestos if the Contractor
determines in its sole judgment that the work will not disturb or cause the asbestos to
become friable.
The Contractor may suspend work from the time it reasonably identifies areas where
Hazardous Substances may be present until the work area is in compliance with then-
constituted Safety Regulations. Any such suspension is not a default under this Contract,
and any delays from the suspension may result in a similar delay in work completion,
without penalty to the Contractor. If the parties cannot agree whether the Contractor's work
can be performed through completion without a violation of Safety Regulations, or cannot
agree to payment of added costs, if any, either party may terminate this Contract without
penalty. Such termination shall not affect the State's obligation to pay for equipment,
software and services provided by the Contractor prior to the effective date of termination.
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Department or Agency No.:KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
23. SURVIVAL OF CERTAIN CON TRACT PROVISIONS. Notwithstanding anything herein
to the contrary, the parties understand and agree that all terms and conditions of this
Contract, and the exhibits and attachments hereto, which may require continued
performance or compliance beyond the termination date of this Contract shall survive such
termination date and shall be enforceable as provided herein in the event of a failure to
perform or comply by a party to this Contract.
24. CAPTIONS, CONSTRUCTION, AND EFFECT. The captions and headings used in this
Contract are for identification only, and shall be disregarded in any construction of the
terms, provisions, and conditions of this Contract.
25. ENTIRE UNDERSTANDING. This Contract is the complete integration of all
understandings between the parties. No prior or contemporaneous addition, deletion, or
other amendment hereto shall have any force or effect whatsoever, unless embodied herein
in writing. No subsequent novation, renewal,addition,deletion,or other amendment hereto
shall have any force or effect unless embodied in a written contract executed and approved
pursuant to the Fiscal Rules of the State of Colorado.
S. 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.
2 These special provisions are reproduced from Appendix A of
Rule 3-1 of the Fiscal Rules of the State of Colorado, effective
September 1, 1996. These special provisions are mandatory provisions of
all payable State Contracts.
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Department or Agency No.: KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
FUND AVAILABILITY.
2. Financial obligations of the State payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
BOND REQUIREMENT.
3. If this Contract involves the payment of more than fifty thousand dollars for the
construction,erection,repair,maintenance,or improvement of any building, road, bridge, viaduct,
tunnel,excavation or other public work for this State,the contractor shall,before entering upon the
performance of any such work included in this contract,duly execute and deliver to the State official
who will sign the contract,a good and sufficient bond or other acceptable surety to be approved by
said official in a penal sum not less than one-half of the total amount payable by the terms of this
contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the
faithful performance of the contract and in addition, shall provide that if the contractor or his
subcontractors fail to duly pay for any labor, materials,team hire, sustenance, provisions, provendor
or other supplies used or consumed by such contractor or his subcontractor in performance of the
work contracted to be done or fails to pay any person who supplies rental machinery, tools, or
equipment in the prosecution of the work the surety will pay the same in an amount not exceeding
the sum specified in the bond,together with interest at the rate of eight per cent per annum. Unless
such bond is executed, delivered and filed, no claim in favor of the contractor arising under such
contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order
payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision
is in compliance with CRS 38-26-106.
INDEMNIFICATION.
4. To the extent authorized by law,the contractor shall indemnify, save,and hold harmless the
State, its employees and agents, against any and all claims, damages, liability and court awards
including costs, expenses, and attorney fees incurred as a result of any act or omission by the
contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this
contract.
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Department or Agency No.: KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
DISCRIMINATION AND AFFIRMATIVE ACTION.
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination
Act of 1957,as amended,and other applicable law respecting discrimination and unfair employment
practices(CRS 24-34-402),and as required by Executive Order, Equal Opportunity and Affirmative
Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all
State contracts and subcontracts.
During the performance of this contract,the contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or applicant for employment
because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or
physical handicap, or age. The contractor will take affirmative action to insure that applicants are
employed, and that employees are treated during employment, without regard to the above
mentioned characteristics. Such action shall include, but not be limited to the following:
employment upgrading, demotion, or transfer, recruitment or recruitment advertising; lay-offs or
terminations; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officer setting forth provisions
of this non-discrimination clause.
(b) The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental
or physical handicap, or age.
(c) The contractor will send to each labor union or representative of workers with which he has
a collective bargaining agreement or other contract or understanding, notice to be provided by the
contracting officer, advising the labor union or workers' representative of the contractor's
commitment under the Executive Order,Equal Opportunity and Affirmative Action,dated April 16,
1975, and of the rules, regulations, and relevant Orders of the Governor.
(d) The contractor and labor unions will furnish all information and reports required by
Executive Order, Equal Opportunity and Affirmative Action,dated April 16, 1975,and by the rules,
regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books,
records,and accounts by the contracting agency and the office of the Governor or his designee for
purposes of investigation to ascertain compliance with such rules, regulations and orders.
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Department or Agency No.:KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
(e) A labor organization will not exclude any individual otherwise qualified from full
membership rights in such labor organization,or expel any such individual from membership in such
labor organization or discriminate against any of its members in the full enjoyment of work
opportunity because of race, creed, color, sex, national origin, or ancestry.
(f) A labor organization,or the employees or members thereof will not aid,abet, incite,compel
or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any
person from complying with the provisions of this contract or any order issued thereunder; or
attempt,either directly or indirectly,to commit any act defined in this contract to be discriminatory.
(g) In the event of the contractors 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.
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Department or Agency No.: KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
b. When a construction contract for a public project is to be awarded to a bidder, a resident
bidder shall be allowed a preference against a non-resident bidder from a state or foreign country
equal to the preference given or required by the state or foreign country in which the non-resident
bidder is a resident. If it is determined by the officer responsible for awarding the bid that
compliance with this subsection .06 may cause denial of federal funds which would otherwise be
available or would otherwise be inconsistent with requirements of Federal law, this subsection shall
be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the
inconsistency with federal requirements. (CRS 8-19-101 and 102)
GENERAL.
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be
applied in the interpretation, execution, and enforcement of this contract. Any provision of this
contract whether or not incorporated herein by reference which provides for arbitration by any
extra judicial body or person or which is otherwise in conflict with said laws, rules, and regulations
shall be considered null and void. Nothing contained in any provision incorporated herein by
reference which purports to negate this or any other special provision in whole or in part shall be
valid or enforceable or available in any action at law whether by way of complaint, defense, or
otherwise. Any provision rendered null and void by the operation of this provision will not
invalidate the remainder of this contract to the extent that the contract is capable of execution.
8. At all times during the performance of this contract,the contractor shall strictly adhere to
all applicable federal and state laws, rules and regulations that have been or may hereafter be
established.
9. The signatories aver that they are familiar with CRS 18-8-301,et.seq.,(Bribery and Corrupt
Influences), and CRS 18-8-401, et. seq., (Abuse of Public Office), and that no violation of such
provisions is present.
10. The signatories aver that to their knowledge, no state employee has any personal or
beneficial interest whatsoever in the service or property described herein.
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Department or Agency No.: KAA Contract Routing No.: 98-1026
(Describe Subject Matter of Contract)
This is a legal document. Legal counsel should be consulted before signing.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
CONTRACTOR: STATE:
Weld County, Colorado STATE OF COLORADO
(NAME OF COMPANY), Roy Romer,Governor
Government
(type of entity)
BY:
By:
06 23/97 Jon Numair
George E. Baxter Executive Director
(Name of Person signing Contract) Department of
Chair, Weld County Board Labor and Employment
of Commissioners
Title)
S L ;, 6000813
s� >
1.0111
y T°
tot tfl- t a ,n cal)
p
met
B` %� i t � ., deputy
Weld County Clerk to Board
APPROVALS:
DEPARTMENT OF LAW DEPARTMENT OF PERSONNEL
COLORADO ATTORNEY GENERAL OFFICE OF THE STATE CONTROLLER
Gale A. Norton,Attorney General Clifford W. Hall,State Controller
By: By:
Melvin Madden
State Controller Designee
Page 48 of 48
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Attachment 1
DEFINITIONS
1. APPLICANT (an individual) - Person(s) seeking Job Training Partnership Act (JTPA)
services who have filed a completed application and for who a formal eligibility
determination has been made.
2. CERTIFICATION Refers to the act of
A. attesting that the information provided by each JTPA individual as stated on an
application form is true and correct;
B. Authorizing verification of this information;
C. stating penalties for falsification; and
D. certifying that grievance procedure has been explained to the applicant. All
applicants must sign and date the application form at the point of eligibility
determination. (Lexicon for JTPA)
In the rase 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. An activity is completed if the individual achieves the
activity's goal.
S. CONTRACT - a formal legally binding agreement between two principal departments of
the State or one principal department of the State and another party or an amendment to such
agreement.
A procurement instrument by which the Colorado Department of Labor (CDLE), a SDA
grant recipient or a subrecipient pays for property, services,supplies,materials or equipment.
6. CONTRACTOR - any person, corporation, partnership, public agency, or other entity
which enters into a contract with CDLE,an SDA grant recipient or a subrecipient under the
Act. One who contracts to do work for another.
H:IUSERSICMBOILRPLIIDEFINITL ST Page I of 7 971166
7. ECONOMICALLY 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
unemployment compensation,child support payments,and welfare payments)which,
in relation to family size, was not in excess of the higher of
(i) the official poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section 673(2) of the
Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2)), or
(ii) 70 percent of the lower living standard income level;
(C) is receiving (or has been determined within the 6-month period prior to the
application for the program involved to be eligible to receive) food stamps pursuant
to the Food Stamp Act of 1977;
(D) qualifies as a homeless individual under subsections (a) and(c) of section 103 of the
Steward B. McKinney Homeless Assistance Act (42 U.S.C. Sec. 11302);
(E) is a foster child on behalf of whom State and local government payments are made;
This may include youth who have been made a ward of the court;
(F) in cases permitted by regulations of the Secretary, an individual with a disability
whose own income meets the requirements of clause(A) or (B) above, but who is a
member of a family whose income does not meet such requirements. (JTPA
Sec.4(g)).
8. EMPLOYED - See Labor force Status.
8A. EMPLOYMENT-Employment for 20 or more hours per week for performance standards
(JTPA Sec. 106(k)).
9. INITIAL ENROLLMENT-Date of participation. The date on which the individual began
to receive JTPA-funded program services after initial screening for eligibility and suitability.
Objective assessment to determine service strategy for employment goals must occur on the
date of the participation and is considered an initial program service for Title II.
H:IUSEBSCMBOHRPLTWEPlM]IASP Page 2 of 7 971166
10. FAMILY - Two or more persons related by blood, marriage, or decree of court, who are
living in a single residence, and are included in one or more of the following categories:
A) A husband, wife, and dependent children.
B) A parent or guardian and dependent children.
C) A husband and wife.
See GUARDIAN, DEPENDENT CHILDREN, and LIVING IN A SINGLE
RESIDENCE. (JTPA Sec. 4(34)).
11. FAMILY INCOME - Determining gross family income is one of the most difficult tasks
when determining an individual's eligibility for JTPA. For the purpose of determining J IPA
income eligibility, 20 CFR 626.5 Definitions, Family Income means "income" as defined
by the Department of Health and Human Services in connection with the annual poverty
guidelines. Section 4(8)(B) excludes unemployment compensation, child support payments
and welfare payments from income. Therefore,while these items appear as included income
in the poverty guidelines, they are excluded from income for JTPA purposes.
Family income includes total annual cash receipts before taxes from all sources, with the
exceptions listed below.
INCLUDED AS INCOME
The following should be INCLUDED when calculating income:
GROSS WAGES AND SALARY: Money wages and salaries before any
deductions.
NET NONFARM SELF-EMPLOYMENT INCOME: Net receipts from nonfarm
self-employment(rerripts from a person's own unincorporated business,professional
enterprise, or partnership after deductions for business expense).
NET FARM SELF-EMPLOYMENT INCOME: Net receipts from farm self-
employment (receipts from a farm which one operates as an owner, renter, or
sharecropper, after deductions for farm operating expenses).
OTHER REGULAR PAYMENTS: Regular payments from social security,
railroad retirement, strike benefits from union funds, worker's compensation, and
training stipends.
ALIMONY
I:IUSFRSICN BOIIRPLI10fFIM'RaET Page 3 of 7 971166
MILITARY ALLOTMENTS: Military family allotments or other regular support
from an absent family member or someone not living in the household.
PENSIONS: Pensions whether private or government employee(including military
retirement pay).
REGULAR INSURANCE: Regular insurance or annuity payments.
COLLEGE FUNDS: College or university grants, fellowships, and assistantships.
DIVIDENDS: Dividends, interest,net rental income, net royalties,periodic receipts
from estates or trusts.
WINNINGS: Net gambling or lottery winnings.
The following should be EXCLUDED when calculating the applicant's or family's income:
UNEMPLOYMENT COMPENSATION BENEFITS from Federal,State or Local
government programs.
CHILD SUPPORT PAYMENTS
WELFARE PAYMENTS: Includes AFDC, SSI, RCA, and GA.
FINANCIAL ASSISTANCE UNDER TITLE IV OF THE HIGHER
EDUCATION ACT(i.e. Pell Grants, Federal Supplemental Education Opportunity
Grants and Federal Work Study). PLUS, Stafford and Perkins loans like any other
kind of loan are debt and not income.
NEEDS-BASED SCHOLARSHIP ASSISTANCE
VETERAN INCOME: Income earned while the veteran was on active military
duty and certain other veterans' benefits, i.e., compensation for service-connected
disability,compensation for service-connected death, vocational rehabilitation, and
education assistance.
CAPITAL GAINS
50% OF SOCIAL SECURITY
DRAWN DOWN ASSETS: Any assets drawn down as withdrawals from a bank,
the sale of property, a house or a car.
OTHER CASH EXCLUSIONS: Tax refunds, gifts, loans, lump-sum inheritances,
one-time insurance payments, or compensation for injury.
H:iuSE_Rnrxraau PLIIDEFrNmasr Page 4 of 7 971166
NON-CASH INCOME: Noncash benefits such as employer paid fringe benefits,
food or housing received in lieu of wages, Medicare,Medicaid, Food Stamps, school
meals, and housing assistance.
12. INDIVIDUAL WITH A DISABILITY
An individual who has a physical (motion, vision, hearing) or mental (learning or
developmental) impairment which substantially limits one or more of such person's major
life activities; has a record of such an impairment; or is regarded as having such an
impairment.
13. LABOR FORCE STATUS:
EMPLOYED
An employed individual is one who,during the 7 consecutive days prior to application, did
any work at all as a paid employee, in his or her own business, profession or farm, worked
15 hours or more as an unpaid worker in an enterprise operated by a member of the family
or is one who was not working, but has a job or business from which he or she was
temporarily absent because of illness,bad weather, vacation, labor-management dispute, or
personal reasons, whether or not paid by the employer for time off, and whether or not
seeking another job.
UNEMPLOYED
An unemployed individual is one who did not work during the 7 consecutive days prior to
application for a JTPA program, who made specific efforts to find a job within the past 4
weeks prior to application, and who was available for work during the 7 consecutive days
prior to application. Also included as unemployed are those who did not work, and
(a) were waiting to be called back to a job from which they had been laid off, or
(b) were waiting to report to a new wage or salary job scheduled to start within 90 days.
NOT IN LABOR FORCE
A civilian 14 years of age or over who did not work during the 7 consecutive days prior to
application for a JTPA program and is not classified as employed or unemployed.
NUMBER OF WEEKS UNEMPLOYED DURING THE PRIOR 26 WEEKS
The number of weeks an individual was unemployed during the 26 weeks immediately prior
to eligibility determination (refer to definitions above). It does not matter if the applicant
was employed at the time of application. (Federal Register, Vol. 57, no. 219).
N:IUSERSIGVIBOWLTDEl7MlIh4T Page 5 of 7 971166
14. OFFENDER-The term "offender" means any adult or juvenile who is or has been subject
to any stage of the criminal justice process for whom service under the JTPA may be
beneficial or who requires assistance in overcoming artificial barriers to employment
resulting from a record of arrest or conviction(JTPA, as amended).
15. OLDER INDIVIDUAL - An individual age 55 or older. JTPA Sec. 204(d)(7).
16. PARTICIPANT-An individual who has been determined to be eligible to participate in and
who is receiving services (except post-termination services authorized under Sections
204(c)(4) and 264(d)(5) and follow-up services authorized under section 253(d)) under a
program authorized by this act. JTPA Section 4(37).
17. PLACEMENT - The act of securing unsubsidized employment for or by a participant, as
a paid employee of a legally authorized business, industry or enterprise including non-profit
organizations. Paid employee means one who is carried on the employer's payroll/personnel
records, is self-employed, is entered into a registered apprenticeship program or the armed
Forces, and is employed for 20 or more hours per week. -
18. SELECTIVE SERVICE REGISTRANT - If the applicant is a male citizen of the U.S. or
other male person residing in the U.S., who was born on or after January 1, 1960, and is
between the age of 18 and 26, he must register. An applicant who is not registered will be
ineligible for JTPA funded services until he has done so.
EDWAA DEFINITIONS
19. CERTIFICATE OF CONTINUING ELIGIBILITY - EDWAA - A document provided
by a substate grantee to an eligible dislocated worker verifying their status and authorizing
continuing eligibility for a period not to exceed 104 weeks.
20. ELIGIBLE DISLOCATED WORKER - an individual who:
(a) has been terminated or laid off or who has received a notice of termination or layoff
from employment, is eligible for or has exhausted his/her entitlement to
unemployment compensation (UC), and is unlikely to return to his/her previous
industry or occupation;
(b) has been terminated or has received an individual notice of termination/layoff of
employment, as a result of any permanent closure or any substantial layoff at a plant,
facility, or enterprise (See definition of Substantial Layoff);
(c) has been unemployed for 15 or more weeks, or is in a stop-gap employment and has
limited opportunities for employment or reemployment in the same or similar
occupation in the area in which such individuals reside. This category includes older
individuals who may have substantial barriers to employment by reason of age;
H:IUSFRMNmB0/IRPLMFFwnm r Page 6 of 7 971166
(d) was self-employed and is unemployed (or is in the process of going out of business
as substantiated by documentation)as a result of general economic conditions in the
area of residence or as a result of natural disasters. This category includes farmers
and ranchers.
(e) has been providing unpaid services to family members in the home; and has been
dependent either on public assistance and whose youngest child is within two years
of losing eligibility under part a of Title IV of the Social Security Act; or on income
of another family member but is no longer supported by that income; and is
unemployed or underemployed and is experiencing difficulty in obtaining or
enhancing employment. May be served if specifically stated and approved in
Substate Grantee Annual Plan.
21. ELIGIBILITY UNDER PUBLIC ANNOUNCEMENT OF CLOSURE - Workers who
have not received an individual notice of termination who are employed at a facility for
which the employer has made a public announcement of planned closure shall be considered
eligible dislocated workers with respect to the provision of basic readjustment services, with
the exception of supportive services and relocation assistance. JTPA Section 631.3(b)(1).
Such individuals shall be eligible to receive all services authorized in section 314 of the Act
after a date which is 180 days prior to the scheduled closure date of the facility. JTPA
Section 631.3(b)(2).
22. SELF-EMPLOYED-Any professional,independent trades person,or other business person
who works for him/herself. Such a person may or may not be incorporated or in a limited
partnership. A family member who provides professional services in the affected business
of at least 15 hours per week and receives a salary or wage from the self-employed individual
may also be considered to be a self-employed individual.
23. SUBSTANTIAL LAYOFF - Any reduction-in-force which is not the result of a plant
closing and which results in an employment loss at a single site of employment during any
30-day period for:
(a) at least 33 percent of the employees (excluding employees regularly working less
than 20 hours per week); and
(b) at least 50 employees(excluding employees regularly working less than 20 hours per
week); or
(c) at least 500 employees (excluding employees regularly working less than 20 hours
per week).
„,U, ,,u,,,,Ho„RPL„DEFIN,,,,,,,,, Page 7 of 7 971166
Attachment 2
BUDGET INFORMATION SUMMARY
FOR OLDER WORKERS
Contractor: Weld County Area Agency on Aging Title of Funds: II-A, 5%
Older Worker
Program/Project: Older Worker Year of Funds: PY97
Period of Performance: From July 1, 1997 To June 30, 1998 Reference Code:
VAX#:
COST CATEGORY TOTAL
BUDGET PERCENT
Administration $ $ 4,000.00 10.00%
Code
Direct Training $ $ 29,318.00 73.00%
Code
Training Related & Support $ $ 6,682.00 17.00%
Code
TOTAL $ 40,000.00 100.00%
Page 1 of 2
971166
Attachment 2
BUDGET INFORMATION SUMMARY
FOR ECONOMIC DISLOCATION AND WORKER ADJUSTMENT ASSISTANCE ACT
GOVERNOR'S DISCRETIONARY FUNDS
Contractor: Weld County Area Agency on Aging Title Code:
Program/Project: Older Worker EDWAA Year of Funds: 97
Period of Performance: From July 1, 1997 To June 30, 1998 Reference Code:
VAX#:
COST CATEGORY BUDGET
Rapid Response Services $ N/A
Code
TOTAL RAPID RESPONSE N/A
Basic Readjustment Services $ 2,534
Code
TOTAL BASIC SERVICES 2,534
Retraining Services $ 14, 953
Code
TOTAL RETRAINING 14,953
Needs-related Payments $ 0
Cost
TOTAL NEEDS PAYMENTS 0
Supportive Services $ 513
Code
TOTAL SUPPORTIVE SERVICES 513
Administration $ 2,000
Code
TOTAL ADMINISTRATION 2,000
GRAND TOTAL 20,000
Page 2 of 2
971166
Attachment 3
CERTIFICATION OF COMPLIANCE
WITH THE REQUIREMENTS OF THE
FEDERAL DRUG-FREE WORKPLACE ACT OF 1988
In accordance with the Drug-Free Workplace Act of 1988, and its implementing regulations, 29 C.F.R.
hair
98, Subpart F, I,George E. Baxter, the undersigned, in representation of the Contractor,
ATTEST and CERTIFY that the Contractor will provide a drug-free workplace by:
1. Publishing a statement notifying its employees that the unlawful manufacture, distribution,
dispensation, possession,or use of a controlled substance is prohibited in the Contractor's
workplace and specifying those actions that will be taken against an employee who violates this
prohibition.
2. Establishing an ongoing drug-free workplace awareness program to inform employees of:
A. The dangers of drug use in the workplace;
B. The Contractor's policy of maintaining a drug-free workplace;
C. The availability of drug counseling, rehabilitation, and employee assistance programs;
and,
D. The penalties that may be imposed on an employee for drug abuse violations which
occur in the workplace.
3. Ensuring that each employee who shall perform work under this Contract on behalf of the
Contractor is given a copy of the statement required by paragraph 1. above.
4. Notifying an employee in the statement required by paragraph 1. above that, as a condition of
employment under this Contract, the employee shall:
A. Abide by the terms of the statement required by paragraph 1. above; and,
B. Within five(5)calendar days of conviction, notify the Contractor in writing if the
employee is convicted of violating a drug related criminal statute the commission of
which violation occurred at the Contractor's workplace.
Page 1 of 2 971166
Attachment 3
5. Notifying the State in writing within ten(10) calendar days: after receipt of any notice given to
the Contractor by an employee of the Contractor pursuant to subparagraph B. of paragraph 4.
above; or, after the Contractor's receipt of actual notice of the conviction of an employee of the
Contractor for a violation of a drug related criminal statute, which violation occurred at the
Contractor's workplace. Such notice by the Contractor to the State shall identify the employee
and the position held by the employee at the time of the conviction.
6. Taking appropriate personnel action, insofar as such personnel action is consistent with the
Rehabilitation Act of 1973,as amended,against an employee of the Contractor who has been
convicted of the violation of a drug related criminal statute, which violation occurred at the
Contractor's workplace; or, require such employee to satisfactorily participate in a drug abuse
assistance or rehabilitation program approved for such purposes by a federal, state, or local
health, law enforcement,or other appropriate agency.
7. Making a good faith effort to continue to maintain a drug-free workplace through the
implementation of paragraphs 1. through 6. above.
8. Informing the State in writing if the Contractor changes any work location identified in the
Contract where the Contractor will perform any work under the Contract to another work
location where the Contractor will perform work under the Contract. Additionally, (check the
following lines as appropriate):
There are workplaces of the Contractor which are not identified in the Contract
There are no workplaces of the Contractor which are not identified in the Contract
A list of additional workplaces is appended to this Attachment
A list of additional workplaces is not appended to this Attachment.
I declare, under penalty of perjury under the laws of the United States,and under the penalties set forth
in the Drug-Free Workplace Act of 1988, that this Certification is true and accurate, and that I have
actual authority to sign this Certification on behalf of the Contractor.
der-
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Page 2 of 2 971166
i AR mEmoRAnDum
WillGeorge E. Baxter, Chairman
To Board of County Commissioners Date June 19, 1997
COLORADO From Walter J. Speckman, Executive Director, Human Services /
Subject: Older Worker Contract
Enclosed for Board approval is a grant contract to the Department of Labor and Employment for
$40,000.00 of Title II-A 5% monies under the Older Worker Job Training Partnership Act, and
$20,000.00 of Title III-EDWAA funds to provide employment and training services to participants
55 years of age and older.
Activities to be funded under the grant will include job development, referral and placement,
classroom and on-the-job training, and skills and enhancement.
The grant period is from July 1, 1997 through June 30, 1998. If you have any questions, please call
Linda Piper at 353-3800, extension 3320.
971166
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