Loading...
HomeMy WebLinkAbout20091682.tiffRESOLUTION RE: APPROVE AGREEMENT FOR SUSTAINABLE MANUFACTURING SECTOR PLANNING GRANT AND AUTHORIZE CHAIR TO SIGN - UPSTATE COLORADO ECONOMIC DEVELOPMENT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for the Sustainable Manufacturing Sector Planning Grant between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, Employment Services of Weld County, and Upstate Colorado Economic Development, commencing upon full execution, and ending November 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 Agreement for the Sustainable Manufacturing Sector Planning Grant between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, Employment Services of Weld County, and Upstate Colorado Economic Development, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. 2009-1682 00 C i ey_cEs� Cl Woct HR0080 RE: AGREEMENT FOR SUSTAINABLE MANUFACTURING SECTOR PLANNING GRANT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of July, A.D., 2009. ATTEST: Weld County Clerk to the BY: AP Deputy Cler to the Board County Attorney Date of signature // David E. Long BOARD OF COUNTY COMMISSIONERS W LD T1#' OLORADO illiam F. Garcia, Chair ugl de h .,Pro --T m ugt ade acher, Pro-Tem arlaa Kirkmeyer 2009-1682 HR0080 COLORADO MEMORANDUM DATE: July 16, 2009 TO: William F. Garcia, Chair, Board of C unt Co is ers ,v,t0/7- FROM: Judy A. Griego, Director, Human icedepartm j t RE: Agreement between the Weld County Department of Human Services and Upstate Colorado Economic Development for the Sustainable Manufacturing Sector Planning Grant Enclosed for Board approval is an Agreement between Weld County Department of Human Services and Upstate Colorado Economic Development for the Sustainable Manufacturing Sector Planning Grant. This Agreement was presented at the Board's July 14, 2009, Work Session. The purpose of this Agreement is to utilize Upstate Northern Colorado and Brighton Economic Development as co -conveners to accomplish the scope of services in the planning grant. The Agreement identifies that Sector grant funds up to a maximum amount of $75,000.00 will be reimbursed to Upstate Colorado for costs incurred in the accomplishment of the scope of services outlined in the Agreement. Additionally, the Agreement specifies that $6,000 of PY 07 WIA 10% Data Mining funds will be provided to Upstate Colorado to purchase a license for economic modeling data to support the sector approach. If you have any questions, please feel free to telephone me at ext. 6510. 2009-1682 AGREEMENT SUSTAINABLE MANUFACTURING SECTOR PLANING GRANT AGREEMENT FOR SERVICES BETWEEN UPSTATE COLORADO ECONOMIC DEVELOPMENT AND THE BOARD OF WELD COUNTY COMMISSIONERS, WELD COUNTY, COLORADO FOR WELD AND ON BEHALF OF THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES This AGREEMENT made and entered into this,J , day of June, 2009, by and between the County of Weld, a political subdivision of the State of Coorado, 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 Upstate Colorado Economic Development, hereinafter referred to as "UPSTATE COLORADO". WITNESSETH WHEREAS, Employment Services and the Weld County Workforce Development Board determined it appropriate and advisable to collaborate in a Sector Planning Grant initiative designed to explore and identify the needs of employers in the Sustainable Manufacturing Sector; and WHEREAS, Employment Services, the Weld County Workforce Development Board, UPSTATE COLORADO and Brighton Economic Development Corporation collaborated on the development and submission of a Sector Planning Grant proposal to analyze the multi -industry skills and the technical qualifications of the manufacturing sectors, identify gaps in education and educational resources, map the assets available to meet employer needs and requirements, and develop strategies to align or develop new programs and resources to facilitate growth of the sustainable manufacturing sector in Weld and Adams Counties; and WHEREAS, UPSTATE COLORADO and Brighton Economic Development Corporation have agreed to act as co -conveners in the implementation of the sector planning grant; and WHEREAS, the Sector Planning Grant for Sustainable Manufacturing was funded and monies have been made available to conduct start-up efforts to launch sector based initiatives and support the activities of the co -conveners to implement the goals and objectives of the sector planning initiative; and WHEREAS, a Leadership Team comprised of members of the Weld and Adams County Workforce Regions to include the region Directors and Workforce Board members; UPSTATE COLORADO; Brighton Economic Development Corporation; Southwest Weld Economic Development Initiative; Adams County Economic Development; Aims Community College; and Front Range Community College will provide direction and oversee the implementation of the Sector Planning Grant; and WHEREAS, Employment Services and UPSTATE COLORADO desire to enter into this agreement to implement and support the efforts of the Sector Planning Grant and other sector initiative efforts, NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: Agreement for Services: A. UPSTATE COLORADO agrees to partner with Brighton Economic Development Corporation to act as co -conveners for the Sector Planning initiative and to conduct an analysis of the identified industry sector and meet the objectives identified. B. Employment Services will contract with UPSTATE COLORADO to act as the co - convener for an amount up to $75,000.00 (as reimbursement for costs incurred). Payment will be made by Employment Services of Weld County within 30 days of receipt of the invoices for costs incurred, as identified in Section II. C. Employment Services will reimburse UPSTATE COLORADO up to $6,000.00 to purchase a license to Chmura Economics and Analysis JobsEQ® A La Carte Reports for use in economic analysis and to provide reports to Employment Services as requested to support sector initiatives which needs to be completed by October 31, 2009. II. Sub -Recipient Agreement — Terms and Conditions: A. Term. This Agreement shall be effective June , 2009, upon proper execution of this Agreement, and will expire November 30, 2009. B. Funding. The sum of $75,000.00 passed through Employment Services and funded under Catalogue of Federal Domestic Assistance numbers 17.258 and 17.259. 2. The sum of $6,000.00 passed through Employment Services and funded under Catalogue of Federal Domestic Assistance numbers 17.259. C. Scope of Services In its capacity as a co -convener with Brighton Economic Development Corporation, UPSTATE COLORADO shall develop, provide, and accomplish the following during the term of this Agreement: 1. Analyze the multi -industry skills and the technical qualifications of the manufacturing sectors. 2. Identify gaps in education and educational resources. 3. Map the assets available to meet employer needs and requirements. Develop strategies to align resources, and/or develop new programs and resources to facilitate growth of the Sustainable Manufacturing Sector. 5. Convene the leadership team to review the project at least monthly during the term of this Agreement. To accomplish the tasks noted above, UPSTATE COLORADO in conjunction with Brighton Economic Development Corporation will facilitate the following: Conduct research on the industry sector to determine the super regions employer base and identify specific employers; Identify employer needs (skills) based on conducting 5-10 evaluation meetings and where employers will be asked to project their area sector needs in for a 1 year, 3/5 year, and long term basis; Expand direct industry participation in the planning process and conduct up to 20 industry sector interviews with employers and/or industry associations to define industries, employers, and skill requirements; Identify with employers and industry association input, any barriers to industry and employment growth, i.e., ISO standards, certifications, etc.; • Develop a preliminary gap analysis and asset map in preparation for the implementation phase of the sector initiative; • Develop strategies to address employer needs to facilitate industry growth in the implementation phase; and • Assist in the development of a Draft Implementation plan to include; a Problem Statement, Industry and Region focus, commitment (MOU), work plan and sustainability plan, benchmarks for success, and budget. Targeted timelines identified to accomplish tasks and objectives: Month June -July 09 July - August 09 August - September 09 September - October 09 October - November 09 November 09 D. Cost Reimbursement. Tasks and Objectives Administration • Establish Sector Organization • Convene Leadership Team • Technical Assistance Needs Conduct Industry Sector Research Initiate Evaluation Meetings Preliminary Analysis of Sector Needs Initiate Employer Interviews • Development of Interview Instrument Identify Industry Barriers and Gaps • Additional Industry Sector Research Complete Employer Interviews Develop preliminary Gap Analysis Asset Mapping Develop Strategies Draft Implementation Plan Finalize Implementation Plan Employment Services agrees to pay UPSTATE COLORADO, on a cost reimbursement basis, up to $75,000.00 for expenses incurred concerning the Scope of Services outlined in this Agreement and with acting as the co -convener with Brighton Economic Development Corporation under the Sustainable Manufacturing Sector Planning grant; and up to $6,000.00 for costs of purchasing the license for the Ohmura Economics and Analysis JobsEQ® A La Carte Reports. 2. UPSTATE COLORADO and agrees to provide $10,000.00 in in -kind funds during the term of this Agreement to support this project, E. Payment Schedule. Payment will be made on a cost reimbursement basis only and will require the submission of invoices by UPSTATE COLORADO with exhibits of products produced as appropriate and as defined in the Scope of Services, above. Reimbursement of costs incurred pursuant to this Agreement is expressly contingent upon the availability of Sector Planning Grant funding provided to Employment Services. Employment Services shall not be billed for and reimbursement shall not be paid 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 Agreement. 2. UPSTATE COLORADO agrees to invoice Employment Services at the following address for costs incurred and document and report on leveraged in -kind funds at least on a quarterly basis: Employment Services of Weld County PO Box 1805 ATTN: Linda Perez Greeley, CO 80632 3. Employment Services agrees to comply with the administrative requirements set forth in the Financial Management Manual adopted by the State of Colorado, and to pay UPSTATE COLORADO at the following address within 30 days of date of invoice: UPSTATE COLORADO Attn: Larry Burkhardt 822 Seventh Street, Suite 550 Greeley, CO 80631 F. Financial Management. At all times from the effective date of this Agreement until completion of this Agreement, UPSTATE COLORADO 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. 2. Employment Services may withhold any payment if UPSTATE COLORADO has failed to comply with the Financial Management Requirement, program objectives, contractual terms, or reporting requirements. G. Assurances. 1. UPSTATE COLORADO shall abide by all assurances set forth in the attached Exhibit A, which is attached hereto and incorporated herein by reference. H. Compliance with Applicable Laws. 1. At all times during the performance of this of this Agreement, UPSTATE COLORADO shall strictly adhere to all applicable federal and state laws, orders, and all applicable standards, 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. 2. UPSTATE COLORADO acknowledges that the performance pursuant to this Agreement shall comply with the following laws: Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 et,seci. and its implementing regulation, 45 C.F.R. Part 80 et.secy 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; 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. 3. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Labor and Employment, Office of Civil Rights. Certifications. UPSTATE COLORADO 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 Agreement. J. Monitoring and Evaluation. 1. UPSTATE COLORADO and Employment Services agree that evaluation of the performance of this Agreement shall be conducted jointly by UPSTATE COLORADO and Employment Services. The results of the evaluation shall be provided to the Board of County Commissioners of Weld County. 2. UPSTATE COLORADO shall permit Employment Services and any other duly authorized agent or governmental agency, to monitor all activities conducted by UPSTATE COLORADO pursuant to the terms of this Agreement. Employment Services 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 work covered by this Agreement. The results of the monitoring activities shall be provided to the Board of County Commissioners of Weld County. K. Modification of Agreement. 1. All modifications to this Agreement shall be in writing and signed by both parties. 2. The Division Head of Employment Services or designee may exercise remedial actions at any time during the term of this Agreement should s/he find that UPSTATE COLORADO 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 UPSTATE COLORADO. These remedial actions include the following: a. Withhold payment to UPSTATE COLORADO until the necessary services or corrections in performance are satisfactorily completed. b. Deny payment or recover reimbursement for those services or deliverables which have not been performed and which, due to circumstances caused by UPSTATE COLORADO, 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 UPSTATE COLORADO due to omission, error, fraud, and/or defalcation shall be recovered from UPSTATE COLORADO by deduction from subsequent payments under this Agreement or other agreements between Employment Services and UPSTATE COLORADO, or shall be collected by Employment Services as a debt due to Employment Services, or otherwise as provided by law. L. Representatives. 1. 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. Larry Burkhardt, UPSTATE COLORADO. b. Linda L. Perez, Employment Services of Weld County. M. 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. Larry Burkhardt, UPSTATE COLORADO 822 Seventh Street, Suite 550 Greeley, CO 80631 b. Linda L. Perez, Employment Services of Weld County PO Box 1805 ATTN: Linda Perez Greeley, CO 80632 N. Litigation. 1. UPSTATE COLORADO shall promptly notify Employment Services in the event UPSTATE COLORADO learns of any actual litigation in which it is a party defendant in a case, which involves services provided under this agreement. UPSTATE COLORADO shall, 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, deliver copies of such documents(s) to the Employment Services Division Head. The term "litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy, reorganization and/or foreclosure, as well as any other legal action filed in any state or federal court or administrative body. 0. 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 1.K., herein. AGREEp TO,AtJ IA ' C ' P,,;jnip DAY OF June, 2009. ATTEST: Weld County Clerk to the Bo Deputy Clerk t he Board APPROVED AS TO SUBSTANCE:- J�Griego, 'rector W Id County epartrxent of Human Services APPROVED AS TO SUBSTANCE: da Perez, Division Hea Employment Service eld County BOARD OF COUNTY COMMISSIONERS OF WELD COUAITa;,COLORADO p William F. Garcia, Chair JUL 2 0 2r APPROVED AS TO SUBSTANCE: Larry Buryrhardt, President/CEO Upstate olorado Economic Development '.QCc 2 - /4 J'd EXHIBIT A ASSURANCES UPSTATE COLORADO agrees it is an Independent Contractor and further agrees that its officers, employees, volunteers and/or agents shall not become employees of Weld County, nor shall 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 UPSTATE COLORADO or its employees, volunteers, or agents while performing duties as described in this Agreement. UPSTATE COLORADO shall indemnify, defend and hold harmless Weld County, the Board of County Commissioners of Weld County, its employees, volunteers and agents against any and all claims arising from actions taken by UPSTATE COLORADO, its officers, employees, volunteers, and/or agents during the term of this Agreement. UPSTATE COLORADO shall provide adequate liability and worker's compensation insurance for all its officers, employees, volunteers and agents engaged in the performance of the Agreement upon request, UPSTATE COLORADO shall provide Employment Services with the acceptable evidence that such coverage is in effect. 3. No portion of this Agreement shall be deemed to constitute a waiver of any immunity the parties or their officers or employees may posses, 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. 5. If any section, subsections, paragraph, sentence, clause or phrase of this Agreement is for any reason held or decided to be unconstitutional or otherwise unenforceable, such decision shall not affect the validity of the remaining portions. The parties hereto declare they would have entered into this Agreement and each and every section, subsection, paragraph, sentence, clause and phase 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. UPSTATE COLORADO 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 shall be maintained for four (4) years following the termination of this Agreement and shall remain available through the completion and resolution of an audit which may be commenced prior to the expiration of the three year period. Such records shall be sufficient to allow authorized local, Federal and State auditors and representatives to audit and monitor UPSTATE COLORADO. 8. All records, documents, communications and other materials associated with this Agreement shall be the property of Employment Services and shall be maintained by Employment Services in a central location, either by UPSTATE COLORADO, or by a 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. 9. UPSTATE COLORADO assures authorized local, federal and state auditors and representatives shall, during business hours, have access to inspect and copy records and Employment Services shall be allowed to monitor and review on -site visits, and all contract activities supported with funds under this Agreement to ensure compliance with the terms of this Agreement. 10. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representative and assigns. UPSTATE COLORADO may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 11. UPSTATE COLORADO certifies federal appropriated funds have not been paid or will be paid, by or on behalf of UPSTATE COLORADO to any person for the purpose of 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. 12. UPSTATE COLORADO assures it will fully comply with the regulations promulgated and all other applicable federal and state laws, rules and regulations. UPSTATE COLORADO understands the sources of funds used under this Agreement are from a Sector Planning grant funded by the Colorado Department of Labor and Employment. 13. UPSTATE COLORADO assures and certifies that the organization 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 indicted 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 these Assurances; 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. During the term of the Agreement, UPSTATE COLORADO shall not enter 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, UPSTATE COLORADO 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 with UPSTATE COLORADO. The appearance of Conflict of Interest applies to the relationship of UPSTATE COLORADO with Employment Services when UPSTATE COLORADO 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 UPSTATE COLORADO to gain from knowledge of these opposing interests. It is only necessary that UPSTATE COLORADO know the two relationships are in opposition. 16. To the extent allowed by law, UPSTATE COLORADO shall protect the confidentiality of all applicant records and other materials maintained in accordance with this Agreement. No information about or obtained from any applicant/recipient or a minor's parent or guardian. UPSTATE COLORADO shall have written policies governing access to, duplication and dissemination of, all such information. UPSTATE COLORADO shall advise its employees, agents and sub -contractors, if any, that they are subject to these confidentiality requirements. UPSTATE COLORADO 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 Agreement 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 Agreement. Any proprietary information removed from the State's site by UPSTATE COLORADO in the course of providing services under this Agreement will be accorded at least the same precautions as are employed by UPSTATE COLORADO for similar information in the course of its own business. Hello