HomeMy WebLinkAbout20090188RESOLUTION
RE: APPROVE MULTI -INDUSTRY SYSTEM TECHNICIAN (MIST) PROGRAM AGREEMENT
FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - AIMS COMMUNITY COLLEGE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Multi -Industry System Technician (MIST)
Program Agreement for Services 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, and Aims Community College, commencing July 1, 2008, and ending
September 30, 2009, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Multi -Industry System Technician (MIST) Program Agreement for
Services 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, and Aims
Community College, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 21st day of January, A.D., 2009, nunc pro tunc July 1, 2008.
ATTEST:
Weld County Clerk to the B
BY. .iu1-r Lai)
Deputy Clerkdo the Board
APPROVED,&ORM:
ounty Attorney
Date of signature.
BOARD OF COUNTY COMMISSIONERS
ELD�O,tffY, COLORADO
iam F. Garcia, Chair
QrQR.wtsiV—
Douglasemachel' Pro-Tem
P. Conway
ekA_.1isue.
a Kirkmeyer
David E. Long
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2009-0188
HR0080
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MEMORANDUM
�a
,T DATE: January 19, 2009
�"� TO: William F. Garcia, Chair, Board of County Comm4ssi ers
WIlDen1
FROM: Judy A. Griego, Director, Human Seru�es epartment
COLORADO
RE: Multi -Industry System Technician (MIST) Program
Agreement for Services between the Weld County
Department of Human Services and Aims Community
College
Enclosed for Board Approval is a Multi -Industry System Technician (MIST) Program Agreement
for Services between the Weld County Department of Human Services and Aims Community
College. This Agreement was presented at the Board's November 5, 2008, Work Session.
The major provisions of this Agreement are
No.
Provider of Service
and Term
Service Provided
Rate
1
Aims Community College
July 1, 2008 — Sept. 30, 2009
MIST Program Agreement -
Develop and produce
recruitment materials and an
energy sector career awareness
video that documents the MIST
Project and which will be used
as a career awareness tool and
to promote the energy sector as
a viable career.
$20,000.00 for
Professional
Services
$8,000.00 for
Consumable
Supplies
Max. $28,000.00
If you have any questions, give me a call at extension 6510.
2009-0188
AGREEMENT
MULTI -INDUSTRY SYSTEM TECHNICIAN (MIST) PROGRAM AGREEMENT
FOR SERVICES BETWEEN AIMS COMMUNITY COLLEGE AND WELD COUNTY GOVERNMENT FOR
WELD COUNTY DEPARTMENT OF HUMAN SERVICES
This AGREEMENT made and entered into the first day of .y 2008, by and between the County of
Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the
County of Weld, on behalf of the Weld County Department of Human Services, Division of Employment Services
of Weld County, hereinafter referred to as "Employment Services" and Aims Community College, hereinafter
referred to as "Aims".
WITNESSETH
WHEREAS, Employment Services and Aims have determined it was appropriate and advisable to enter
into a multi -phase approach to address existing shortages in the energy and manufacturing industries; and
WHEREAS, Employment Services, the Weld County Workforce Development Board and Aims have
collaborated on the development and submission of a grant proposal for the delivery of a Multi Industry System
Technician (MIST) program funded under the Workforce Innovation in Regional Economic Development
(WIRED) Initiative: and
WHEREAS, the MIST proposal was funded and monies were made available to implement the MIST
Program; and
WHEREAS, the purpose of this Agreement is to support and provide funds to ensure the development
of the certificate levels I and II of the MIST Program, recruitment materials for the program, and a video that
documents and promotes the MIST program which will be distributed to local school districts to be used for
career awareness activities ; and
WHEREAS, Employment Services and Aims are dedicated to the development of the MIST Program
through a phased implementation and continued inclusion as a regular course offering,
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
Contract for Goods and Services:
• Aims agrees to develop and produce an energy sector career awareness video that documents
the MIST Project and which will be used as a career awareness tool and to promote the energy
sector as a viable career. A delivery date of August 2009 will be established for the MIST video.
• Employement Services of Weld County contracts with Aims Community College to purchase the
video for a flat purchase price of $10,000 from Aims Community College. Payment will be
made by Employment Services of Weld County within 30 days of receipt of the video from Aims
Community College.
II. Sub -Recipient Agreement — Terms and Conditions:
1. Term
This Agreement shall become effective on July 1, 2008, upon proper execution of this
Agreement. This Agreement will expire September 30, 2009 unless an extension is agreed
upon by both parties, and subject to the termination provisions set forth in paragraph 17 of this
agreement.
1 aJr�% - C/,
2. Funding
$18,000 passed through Employment Services of Weld County and funded under Catalogue of
Federal Domestic Assistance number 17.261
Special Provision: The MIST Program is funded by a Workforce Innovation in Regional
Economic Development (WIRED) Grant and therefore will require the following statement to be
included on all printed materials such as brochures, posters, flyers, advertisements, etc.
"Funded by a Workforce Innovation in Regional Economic Development (WIRED) grant from the US
Department of Labor, Employment and Training Administration working in partnership with the
Colorado Department of Labor and Employment, the Metro Denver Economic Corporation and the
City and County of Denver's Office of Economic Development."
3. Scope of Services
• Aims agrees to develop curriculum for, and regularly offer, the MIST I and II certificate levels.
• Aims agrees to provide a minimum of $51,000 of leveraged in -kind funds related to the
development, implementation and on -going success of the MIST program.
4. Cost Reimbursement
Employment Services agrees to pay Aims, on a cost reimbursement basis, up to $10,000 for
costs associated with: new curriculum development related to the MIST certificate portion of the
program; and up to $8,000 for costs of related supply and recruitment costs associated with the
development and implementation of the MIST I and MIST II certificate program.
5. Payment Schedule:
a. Payment will be made on a cost reimbursement basis only and will require the submission
of invoices by Aims with exhibits of products produced as appropriate.
Aims agrees to:
- Invoice Employment Services at least quarterly for costs incurred and document and
report on leveraged in -kind funds at least on a quarterly basis.
- Invoices shall be sent to the following address:
Employment Services agrees to:
Comply with the administrative requirements set forth in the Financial Management
Manual adopted by the State of Colorado.
Pay Aims within 30-45 days of date of invoice to the following address:
Aims Community College
Attn: Financial Services/Restricted Fund Accountant
P.O. Box 69
Greeley, CO 80632
b. Reimbursement of costs incurred pursuant to this Agreement is expressly contingent upon
the availability of WIRED Grant funding to Employment Services.
c. Employment Services shall not be billed for and reimbursement shall not be made for, time
involved in activities outside of those defined in this Agreement. Work performed prior to
the execution of this Agreement shall not be reimbursed or considered part of this
Employment Services will not pay any invoice submitted after October 31, 2009.
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6. Financial Management
At all times from the effective date of this Agreement until completion of this Agreement, Aims
shall comply with the administrative requirements, cost principles and other requirements set
forth in the Financial Management Manual adopted by the State of Colorado. The required
annual audit of all funds expended under General Assistance must conform to the Single Audit
Act of 1984 and the OMB Circular A-133.
Employment Services may withhold any payment if Aims has failed to comply with the Financial
Management Requirement, program objectives, contractual terms, or reporting requirements.
7. Assurances
Aims will abide by all assurance as set forth in the attached Exhibit A, which is attached hereto
and incorporated herein by reference.
8. Compliance with Applicable Laws
At all times during the performance of this of this contract, Aims shall strictly adhere to all
applicable federal and state laws, orders, and all applicable standard, regulations,
interpretations or guidelines issued pursuant thereto. This includes the protection of the
confidentiality of all applicant/recipient records, papers, documents, tapes and any other
materials that have been or may hereafter be established which relate to this Agreement.
Aims acknowledges that the following laws are included:
• Title VI of the Civil Rights Act of 1964, 42 U>S>C> Sections 2000d-1 et,seq. and its
implementing regulation, 45 C.F.R. Part 80 et.seq
• Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its implementing
regulations, 45 C.F.R. Part 84;
• The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et.seq. and its
implementation regulation, 45 C.F.R. Part 91;
• Title VII of the Civil Rights Act of 1964;
• The Age Discrimination in Employment Act of 1967;
• The Equal Pay Act of 1964;
• The Education Amendments of 1972;
• Immigration Reform and Control Act of 1986, P.L. 99-603; and all regulations applicable to
these laws prohibiting discrimination because of race, color, national origin and sex, religion
and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or Aids related
conditions, covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited
above.
Included is 45 C.F.R. Part 74 Appendix G 9, which requires that affirmative steps be taken to
assure that small and minority businesses are utilized, when possible, as sources of supplies,
equipment, constructions and services. This assurance is given in consideration of and for the
purpose of obtaining any and all federal and/or state financial assistance.
Any person who feels that s/he has been discriminated against has the right to file a complaint
either with the Colorado Department of Social Services or with the U.S. Department of Health
and Human Services, Office for Civil Rights.
9. Certifications
Aims certifies that, at the time of entering into this Agreement, it has currently in effect all
necessary licenses, approvals, insurance, etc. required to properly provide the services and/or
supplies covered by this contract.
10. Monitoring and Evaluation
Aims and Employment Services agree that monitoring and evaluation of the performance of this
Agreement shall be conducted by Aims and Employment Services. The results of the
monitoring and evaluation shall be provided to the Board of Weld County Commissioners.
Aims shall permit Employment Services and any other duly authorized agent or governmental
agency, to monitor all activities conducted by Aims pursuant to the terms of this Agreement.
The monitoring agency may it its sole discretion examine program data, and perform special
analyses, on -site checking, formal audit examinations, or engage in any other reasonable
procedures. All such monitoring shall be performed in a manner that will not unduly interfere
with agreement work.
11. Modification of Agreement
All modifications to this agreement shall be in writing and signed by both parties
The Division Head of Employment Services or designee may exercise the following remedial
actions should s/he find that Aims substantially failed to satisfy the scope of work found in this
Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or
improper activities or inaction by Aims. These remedial actions are as follows:
a. Withhold payment to Aims until the necessary services or corrections in performance are
satisfactorily completed.
b. Deny payment or recovered reimbursement for those services or deliverables which have
not been performed and which due to circumstances caused by Aims cannot be performed
or if performed would be of no value to Employment Services. Denial of the amount of
payment shall be reasonably related to the amount of work or deliverables lost to
Employment Services.
c. Incorrect payment to Aims due to omission, error, fraud, and/or defalcation shall be
recovered from Aims by deduction from subsequent payments under this Agreement or
other agreements between Employment Services and Aims, or by Employment Services as
a debt due to Employment Services or otherwise as provided by law.
12. Representatives
For the purpose of this Agreement, the individuals identified below are hereby designated
representatives of the respective parties. Either party may from time to time designate in
writing a new or substitute representative.
a. Brenda Rask, Aims Community College
b. Linda L Perez, Employment Services of Weld County
13. Notice
All notices required to be given by the parties hereunder shall be given by certified or
registered mail to the individuals at the addresses set forth below. Either party may from time
to time designate in writing a substitute person(s) or address to whom such notices shall be
sent.
a. Brenda Rask, Aims Community College
5401 W 20th Street
Greeley, CO 80634
b. Linda L Perez, Employment Services of Weld County
PO Box 1805
Greeley, CO 80632
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14. Litigation
Aims shall promptly notify Employment Services in the event Aims learns of any actual litigation
in which it is a party defendant in a case, which involves services provided under this
agreement. Aims, within five (5) calendar days after being served with a summons, complaint,
or other pleading which has been filed in any federal or state court or administrative agency,
shall deliver copies of such documents(s) to the Employment Services Director. The term
"litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy,
reorganization and/or foreclosure.
15. Termination
This agreement may be terminated any time by either party given thirty (30) days written notice
and is subject to the availability of funding.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement with all
attachments hereto of Exhibit A, constitutes the entire understanding between the parties with
respect to the subject matter hereof, and may not be changed or modified except as stated in
Paragraph 12 herein.
AGREED TO AND ACCEPTED THIS 21st DAY OF January 2009
Ju.y riego, pi ector
County i-partment!.f Human Cervices
(--'Lind erez, Division Head
Em loyment Services of Weld unty
APPOVALS
William F. Garcia, Chair
Board of Weld County Commissioners
JAN 2 1 2069
aait—
Aims Comm ity C "I ge
Aims Community College
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9CC9-r/E
EXHIBIT A
ASSURANCES
1. Aims Community College agrees it is an independent Contractor and its contract employees,
volunteers, agents, officers or regular employees do not become employees of Weld County, nor are
they or will they be entitled to any employee benefits as Weld County employees, as the result of the
execution of this Agreement.
2 Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall
not be held liable for injuries or damages caused by any negligent acts or omissions of Aims or its
employees, volunteers, or agents while performing duties as described in this Agreement. Aims
Community College shall indemnify, defend and hold harmless Weld County, the Board of County
Commissioners of Weld County, its employees, volunteers and agents. Aims Community College shall
provide adequate liability and worker's compensation insurance for all its employees, volunteers and
agents engaged in the performance of the Agreement upon request, Aims Community College shall
provide Social Services with the acceptable evidence that such coverage is in effect.
3. Nor portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or
their officers or employees may possess, nor shall any portion of this Agreement be deemed to have
created a duty of care with respect to any persons not a party to this Agreement.
4. No portion of this Agreement shall be deemed to create an obligation on the part of the County of
Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year.
5. If any section, subsections, paragraph, sentence, clause or phrase of this Agreement is for any reason
held or decided to be unconstitutional, such decision shall not affect the validity of the remaining
portions. The parties hereto declare they would have entered into this Agreement and have accepted
each and every section, subsection, paragraph, sentence, clause and phrase thereof irrespective of
the fact any one or more sections, subsections, paragraphs, sentences, clauses or phrases might be
declared to be unconstitutional or invalid.
6. No officer, member or employee of Weld County and no member of their governing bodies shall have
any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof.
7. Aims Community College assures they will comply with the Title VI of the Civil Rights Act of 1986 and
no person shall, on the grounds of race, creed, color, sex or national origin be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under this
approved Agreement.
8. Aims Community Collage assures sufficient, auditable and otherwise adequate records which will
provide accurate, current, separate and complete disclosure of the status of the funds received under
the Agreement are maintained for three (3) years or the completion and resolution of an audit. Such
records shall be sufficient to allow authorized local, Federal and State auditors and representatives to
audit and monitor Aims Community College.
9. All such records, documents, communications and other materials shall be the property of Employment
Services and shall be maintained by Employment Services in a central location and custodian, on
behalf of Employment Services for a period of four (4) years from date of final payment under this
Agreement, or for such further period as may be necessary to resolve any matters which may be
pending, or until an audit has been completed with the following qualification: If an audit by or on
behalf of the federal and/or state government has begun, but is not completed at the end of the four (4)
year period, or if audit findings have not been resolved after a four (4) year period the materials shall
be retained until the resolution of the audit finding.
10. Aims Community College assures authorized local, federal and state auditors and representatives
shall, during business hours, have access to inspect and copy records and shall be allowed to monitor
and review on -site visits, and all contract activities which are supported with funds under this
Agreement to ensure compliance with the terms of this Agreement. Contracting parties agree
monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate
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funding sources. The results of the monitoring and evaluation activities shall be provided to the
appropriate and interested parties.
11. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representative
and assigns. Aims Community College may not assign any of its rights or obligations hereunder
without the prior written consent of both parties.
12. Aims Community College certifies federal appropriated funds have not been paid or will be paid, by or
on behalf of Aims Community College, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any federal contract, the
making of any federal grant, the making of any federal loan, the entering into of any cooperative
agreement and the extension, continuation, renewal, amendment or modification of any federal
contract, loan, grant or cooperative agreement.
13. Aims Community College assures it will fully comply with the regulations promulgated and all other
applicable federal and state laws, rules and regulations. Aims Community College understands the
source of funds to be used under this Agreement is from an Innovation grant under the Workforce
Innovation in Regional Economic Development WIRED Initiative.
14. Aims Community College assures and certifies it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or
voluntarily excluded from covered transactions by a federal department or agency.
b. Have not, within a three-year period of preceding this Agreement, been convicted of or had a civil
judgment 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 statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements or receiving
stolen property.
c. Are not presently indicated for or otherwise criminally or civilly charged by a government entity
(federal, state or local) with commission of any of the offenses enumerated in paragraph 11 (b) of
this certification; and
d. Have not within a three-year period preceding this Agreement, had one or more public
transactions (federal, state or local) terminated for cause or default.
15. The appearance of Conflict of Interest applies to the relationship of Aims Community College with
Employment Services of Weld County when Aims Community College also maintains a relationship
with a third party and the two relationships are in opposition. In order to create the appearance of a
conflict of interest, it is not necessary for Aims Community College to gain from knowledge of these
opposing interests. It is only necessary that Aims Community College know the two relationships are
in opposition.
During the term of the agreement Aims Community College shall not enter into any third party
relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing
appearance of a conflict of interest situation, Aims Community College shall submit to Employment
Services, a full disclosure statement setting forth the details that create the appearance of a conflict of
interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute
grounds for Employment Services' termination, for cause, of this agreement with Aims Community
College.
16. Aims Community College shall protect the confidentiality of all applicant records and other materials
maintained in accordance with this Contract. No information about or obtained from any
applicant/recipient or a minor's parent or guardian. Aims Community College shall have written
policies governing access to, duplication and dissemination of, all such information. Aims Community
College shall advise its employees, agents and sub -contractors, if any, that they are subject to these
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confidentiality requirements. Aims Community College shall provide its employees, agents and sub-
contractors, if any, with a copy or written explanation of these confidentiality requirements before
access to confidential data is permitted.
17. Proprietary information for the purposes of this contract is information relating to a party's research,
development, trade secrets, business affair, internal operations and management procedures and
those of its customers, clients or affiliates, but does not include information (1) lawfully obtained from
third parties, (2) that which is in the public domain, or (3) that which is developed independently.
Neither party shall use or disclose directly or indirectly without prior written authorization any propriety
information concerning the other party obtained as a result of this Contract. Any proprietary
information removed from the State's site by Aims Community in the course of providing services
under this Contract will be accorded at least the same precautions as are employed by Aims
Community College for similar information in the course of its own business.
18. Aims Community College certifies it will abide by Colorado Revised Statute (C.R.S.) 26-6-104,
requiring criminal background record checks for all employees, contractors and sub -contractors.
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