HomeMy WebLinkAbout951231.tiff RESOLUTION
RE: APPROVE AMENDMENT #102 TO THE OLDER WORKER CONTRACT BETWEEN
HUMAN SERVICES AREA AGENCY ON AGING AND GOVERNOR'S JOB TRAINING
OFFICE AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with Amendment#102 to the Older Workers
Contract between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Human Services Area Agency on Aging, and the
Governor's Job Training Office, commencing June 30, 1995, and ending September 30, 1995, with
further terms and conditions being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment#102 to the Older Workers Contract between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Human Services Area Agency on Aging, and the Governor's Job Training Office be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 19th day of June, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
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COUNTY, COL RADO
ATTEST: D,0 ' /
%=„ ✓it-stem Dale K. Hall, Chairman
Weld County Clerk brd
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Deputy GlerjC o rd �c „ e -
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AMENDMENT #102
THIS AMENDMENT, made this ao- day of ,UA,ic 1995, effective �lunc3h,
1995 by and between the State of Colorado for the use and benefit
of the Governor' s Job Training Office, hereinafter referred to as
GJTO or the State, and Weld County Area Agency on Ageing a Colorado
non-profit Corporation, hereinafter referred to as the Contractor.
WHEREAS, authority exists in the law and funds have been budgeted,
appropriated, and otherwise made available and a sufficient
unencumbered balance thereof remains in Fund Number 100,
Appropriation Number 301, Contract Encumbrance Number WA-331; and
WHEREAS, the required approval, clearance, and coordination has
been accomplished from and with appropriate agencies; and
WHEREAS, authority to make such modification exists pursuant to the
Original Contract .
WHEREAS, the Contractor has a need to extend this Contract from
June 30, 1995 to September 30, 1995, for the purpose of placing the
participants who have not completed their training, and for those
who have completed training but have not been placed into
unsubsidized employment, and
WHEREAS, GJTO approves this extension, because it will benefit the
JTPA participants .
NOW THEREFORE, in consideration of the mutual promises hereinafter
set forth, the parties enter into the following agreement :
I. It is expressly agreed by the parties that this Amendment is
supplemental to the Original Contract #WA-331 and by this
reference made a part hereof, and all conditions and
provisions thereof, unless specifically modified herein, are
to apply to this Amendment as though they were expressly
rewritten, incorporated and included herein.
II. Consideration for the Amendment to the Original Contract # WA-
331 consists of the payments which shall be made pursuant to
Page 1 of 4
X:1 USERSVSPU\MIRSHABWEWAAA.202
this agreement and the promises and agreements herein set
forth.
III. It is agreed that the Original Contract # WA-331 between the
State of Colorado for the use and benefit of GJTO and Weld
County Area Agency on Aging shall be and is hereby modified,
altered, and changed in the following respects only:
A. Delete Section VII . PERIOD OF PERFORMANCE AND OPTION FOR
RENEWAL, from the original Contract, and replace with:
Section VII . PERIOD OF PERFORMANCE
The period of performance is from August 30, 1993 to
September 30, 1995 .
B . Delete the period of performance from Attachment 3 to
Amendment 101, and replace with:
Attachment 3 (modification 102)
BUDGET INFORMATION SUMMARY FOR DISCRETIONARY FUNDS
Revised Period of performance : From 8-1-94 to 9-30-95
This modification extends the end date of the PY94 funds
from June 30, 1995 to September 30, 1995 .
C. There will be no changes to the scope of services .
IV. The Contractor agrees to perform in accordance with, and to
comply with, the Special Provisions attached hereto, and by
this reference incorporated herein.
V. In the event of any conflict, inconsistency, or incongruity
between the provisions of the Amendment and any of the
provisions of the Original Contract # WA-331, the provisions
of this Amendment shall, in all respects, govern and control.
\USERS\SW MNL\MIRSNAN\ DMA.101 Page 2 of 4
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. this provision
is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted,and
otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building,road,
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 him,sustenance,provisions,
provender or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies
rental machinery,tools,or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond,together with
interest at the rate of eight per cent per annum. Unless such bond is executed,delivered and filed,no claim in favor of the contractor arising under such contract shall be
audited,allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This
provision is in compliance with CRS 38-26-106.
INDEMNIFICATION
4. To the extent authorized by law,the contractor shall indemnify,save,and hold harmless the State,its employees and agents,against any and all claims,damages,
liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor,or its employees,agents,subcontractors,
or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting
discrimination and unfair employment practices(CRS 24-34-02),and as required by Executive Order,Equal Opportunity and Affirmative Action,dated April 16, 1975.
Pursuant thereto,the following provisions shall be contained in all State contracts or sub-contracts.
During the performance of this contract,the contractor agrees as follows:
(a)The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin,sex,marital status,religion,
ancestry,mental or physical handicap,or age. The contractor will take affirmative action to insure that applicants are employed,and that employees are treated during
employment,without regard to the above mentioned characteristics. such action shall include,but not be limited to the following: employment upgrading,demotion,
or transfer, recruitment or recruitment advertisings; lay-offs or terminations; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be provided by the contracting
officer setting forth provisions of this non-discrimination clause.
(b)The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive
consideration for employment without regard to race,creed,color,national origin,sex,marital status,religion,ancestry,mental or physical handicap,or age.
(c)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,notice
to be provided by the contracting officer,advising the labor union or workers'representative of the contractor's commitment under the Executive Order,Equal Opportunity
and Affirmative Action,dated April 16, 1975,and of the roles,regulations,and relevant Orders of the Governor.
(d) The contractor and labor unions will furnish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,
and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books,records,and accounts by the contracting agency and
the office of the Governor or his designee for purposes of investigation to ascertain compliance with such roles,regulations and orders.
(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or to expel any such individual from
membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of race,creed,color,sex,national
origin,or ancestry.
(f) A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be discriminatory
or obstruct or prevent any person from complying with the provisions of this contractor any order issued thereunder;or attempt,either directly or indirectly,to commit
any act defined in this contract to be discriminatory.
Form 6-AC-02B
Revised 1/93
395-53-01-1022
page 3 of 4 pages
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(g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any such rules,regulations,or orders,this contract may
be cancelled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures,authorized
in Executive Order,Equal Opportunity and Affirmative Action of April 16,1975 and the rules,regulations,or orders promulgated in accordance therewith,and such other
sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity and Affirmative Action of April 16,1975,or by rules,
regulations,or orders promulgated in accordance therewith,or as otherwise provided by law.
(h) The contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor purchase order unless exempted by rules,regulations,
or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April 16,1975,so that such provisions will be binding upon each subcontractor
or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct,as a means of enforcing such
provisions,including sanctions for non-compliance;provided,however,that in the event the contractor becomes involved in,or is threatened with,litigation,with the
subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the State of Colorado to enter into such litigation to protect
the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8-17-101&102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are
financed in whole or in part by State funds.
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 S-19-101 and 102).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution,and enforcement of this contract.
Any provision of this Contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is otherwise in
conflict with said laws,rules,and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate
this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,defense,or otherwise. Any
provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution.
8. At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules,and regulations that have been
or may hereafter be established.
9. The signatories aver that they are familiar with CRS 18-8-301,et.seq.,)Bribery and Corrupt Influences)and CRS 18-8-401,et.seq.,(Abuse of Public Office),and
that no violation of such provisions is present.
10.The signatories aver that to their knowledge,no state employee has any personal or beneficial interest whatsoever in the service or property described herein:
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
Contractor: Weld.C�.ounty Area Agency on Agin
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(Full,[ 'N �' STATE O LO
*4"4/.-*,ittr HALL (6/19/95) OY ROM ,COVE
L ';� TY BOARD OF COMMISSION B
•5 DIRECT
Po 41:1>a,r1 ".Y
,.�6C 0" 3 Leslie S.Franklin
Social 'ty Num Federal i.D rj
/
IfCorpomtion:) � / /eZ'� DEPARTMENT
` JG OF Governor's Job Trainine Office
Attest:(S - ,,/
By < X/6tCPC & oa1, _.r (.L/ _ �q p� IR
Cal7PR rcmmry Clerk pf and ` 'n.QVALS:
APPROVALS TE CONTROLLER
ATTORN YGENERAL CONTROLLER ix;
CONTROLLER
By a <-- _ - By
Jr R® 'rfIe
.....;arit , Jrrley Genera! iiY•
i
Form 6-AC-02C -_• i1 Legal Services
Revised 1/93 Page 4 which is the last of 4 pages
395-53-01-1030 *See instructions on reverse side.
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Attachment 3
(Modification 102)
BUDGET INFORMATION SUMMARY (BIS) MODIFICATION
Contractor: Weld County Area Agency on Aging
Title of Funds : Older Worker
Project : Older Worker Year of Funds : PY 94
Original Period
_of Performance: From 8/1/94 To 6/30/95 Title Code : 03WAA
-Revised Period :Reference Code : WA 331
of Performance : From: 8/1/94 to 9/30/95 VAX: 4002
Date Processed: * Mod # 102
Change in Number of Persons to be Served [+ - (-) ] -0-
LINE ITEM CODES LINE ITEM CURRENT CHANGES REVISED
(FCS 123) DESCRIPTION BUDGET + - (-) TOTAL
NO CHANGES
* The Date Processed line will be completed by GJTO' s Financial
Management Unit .
H:\USRPS\SPU\NIRSIIAB\YHLOAAA.102
•
INSTRUCTIONS: -
Please complete the Return Receipt below,printing first and last name in the first blank and
indicating the date of receipt in the second blank. Sign,date,and return this form to GJTO, via
FAX(758-5578)or mail, within 2 days of receipt.
•
return thispoon C
(return portion to GIrO)
RETURN RECEIPT
Date Mailed to Sub i ient: Contract/EA�d inn
Project Name: WU.l LPL' i Poroject MIS Code: CiC)
I,- , certify receipt of above document,on
(print name) (date).
• Authorized Signature:
Date:
i
GJTO office use'only: Return to GJTO Fiscal Department
STATE OF COLORADO
GOVERNOR'S JOB TRAINING OFFICE
°F oO�o
720 South Colorado Blvd.,Suite 550
Denver,Colorado 80222 �" � + `
Phone(303)758-5020 '876
FAX(303)758-5578
RoyRomer
Governor
Leslie S.Franklin
MEMORANDUM D1feC1of
TO: Linda Piper, Weld County Area Agency on Aging
FROM: Sheryl Blodick, Manager of Finance /f ec/‘
DATE: July 12,1995
SUBJECT: Budget Modification _Line Item Changes
_Increased Funding
X Date Extension
The budget modification has been approved. Enclosed are new computer greenbar reports which
-reflect this modification.
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Older Worker WA331 $28,125.00 3 OW O3WAA
Enclosures
X Amendment# 1
X NFA# N/A
N/A Cash Request
X Expense Report-VAX#(s)4002
cc: Planning and Program Monitoring Manager
Central Files
FMU File
0 mEmoRAnDum
Dale K. Hall, Chairman
1111k
To Weld County Board of Commissioners June. .14„ ,1QQ5
Date
Walter J. Speckman, Executive Director Human Services
-COLORADO From -LER
Older Worker Contract Extension Request 'in ' i7_ jM
Subject:
Enclosed for Board approval is Amendment #102, requesting a three
month extension to the current Older Worker Contract. The extension
request will begin June 30, 1995 and end September 30, 1995. The
purpose of the extension is for the placement of participants who
have not completed their training, and for those who have completed
training but have not yet been placed into unsubsidized employment.
Questions may be directed to Linda Piper, Director Weld County Area
-Agency on Aging, extension 3320.
951231
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