HomeMy WebLinkAbout20022528 RESOLUTION
RE: APPROVE AMENDMENT#1 TO WORKFORCE INVESTMENT ACT CONTRACT 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 Amendment#1 to the Workforce
Investment Act 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, and the Colorado Department of Labor and Employment, commencing November 1,
2002, 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#1 to the Workforce Investment Act 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, 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 amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of September, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
,`,��` WEL OUNTY, C LO O
ATTEST: /at", I/ f s\ E La —d w .. am
'`.V 6- �11 le ad, Chair p
Weld County Clerk to the i ill, it:�y,
1 -eta.. 1�
Ty/7 ♦i , David . g, Pro-Tem
N.
Deputy Clerk to the Boar. or
M. J. Gei e
AP RRQVED AS ORM: LU% 91�.-.J
William H. Jerke
County orney EXCUSED
Robert D. Masden
Date of signature: 94y
2002-2528
00 FicS HR0073
DEPARTMENT OR AGENCY NAME
KAA, LABOR & EMPLOYMENT
CONTRACT ROUTING NUMBER
03 KAA 0053
CONTRACT AMENDMENT# One
This AMENDMENT, made this it tLday of CrC-tchfr , 20 02 , by and between the State
of Colorado for the use and benefit of the Department of LABOR AND EMPLOYMENT, 1515
Arapahoe Street, Tower 2, Suite 400, Denver, Colorado 80202-2117 hereinafter referred to as
"the State", and the Board of County Commissioners of Weld County, whose address or
principal place of business is 915 Tenth Street, Greeley, Colorado 80632 hereinafter referred to
as "the Contractor."
FACTUAL RECITALS
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 100, Appropriation Code 207, 309, 306, (Organizational Code 4111, Program Code
1100, Function Code 7500, and Grant Budget Line Code various) under Contract Encumbrance
Number C.030008.
Required approval, clearance, and coordination has been accomplished from and with
appropriate agencies.
The parties entered into a contract ("Original Contract") dated July 1, 2002, more fully described
below.
The Original Contract provided for the provision of Federal funds under the Workforce
Investment Act of 1998 (WIA), the Wagner-Peyser Act of 1933(Wagner-Peyser), and other
Federal and State statutes, for the delivery of employment services and workforce
investment activities, through statewide and local workforce investment systems, that
increase the employment, retention, and earnings of participants, and increase
occupational skill attainment by participants, and, as a result, improve the quality of the
workforce, reduce welfare dependency, and enhance the productivity and competitiveness
of the Nation.
The State and the Contractor have mutually agreed that changes to the Original Contract are
now required because of: 1) the need for clarification of which program staff may assist in
providing core and intensive services to TAA-eligible and NAFTA-eligible clients; and 2)the
need for clarification of actions to be taken, by either the State or the Contractor, in the
event that State FTE vacancies occur in the County-operated workforce regions.
It is the intent of the parties in entering into this Contract Amendment# One to: modify
Attachment A, Funding Provisions Section A.7 Wagner-Peyser - Employment Service to: 1)
provide clarification in Required Program Elements, Paragraph 9; 2) provide clarification in
Page 1 of 3
.;?Dint-,;2 5;Zg
State Personnel, Paragraph G.3; and 3) add State Personnel, Paragraph G.4.
All required approvals, clearances and coordination have been accomplished from and with all
appropriate agencies.
NOW, THEREFORE, it is hereby agreed that:
1. Consideration for this amendment to the Original Contract, CE number C030008
Contract Routing Number 03 KAA 0008 , dated July 1, 2002, consists of the
payments which shall be made pursuant to this Amendment and the promises and
agreements herein set forth.
2. It is expressly agreed between the parties that this Amendment is supplemental to the
Original Contract, Contract Routing Number 03 KAA 0008 , dated July 1, 2002,
hereinabove referred to as the "Original Contract,"which is, by this reference,
incorporated, made a part hereof, and identified as "Attachment A". All terms, conditions,
and provisions of thereof, unless specifically modified herein, are to apply to this
Amendment as though such terms, conditions, and provisions were expressly rewritten,
incorporated, and included herein.
3. It is agreed by and between the parties that the Oritinal Contract is and shall be modified,
altered, and changed in the following respects only':
Attachment A, Funding Provisions, Section A.7 Wagner-Peyser Employment Service
shall be modified pursuant to Exhibit One, attached herein to this Contract
Amendment #One.
4. The effective date of this Amendment is November 1, 2002.
5. Except for the "Special Provisions" contained in the Original Contract, in the event of any
conflict, inconsistency, variance, or contradiction between the provisions of this
Amendment and any of the provisions of the Original Contract, the provisions of this
Amendment shall in all respects supersede, govern and control. The "Special Provisions"
shall always be controlling over other provisions in the Original Contract or any
amendments thereto. The representations in the Special Provisions concerning the
absence of bribery or corrupt influences and personal interest of State employees are
presently reaffirmed.
6. 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.
Deletions to the Original Contract appear in"strikeout"format. Additions to the Original Contract
appear in bold, italicized, capital letters, numbers, or"redline"format.
Page 2 of 3
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day first above
written.
CONTRACTOR: STATE OF COLORADO:
The Board of County Commissioners BILL OWENS, GOVERNOR
Of Weld County
By
Legal Name of Contracting Entity yiKk A9�strop
Exe utrve'Director
84-6000813* Department of Labor and Employment
Social Security Number or FEIN
Ai7/1" �4 LEGAL REVIEW:
Signature of A tho ' cer KEN SALAZAR,ATTORNEY GENERAL
Glenn Vaad, Chair Mike/7- '� By , ❑�
Print Name&Title of Authorize Officer
CORPORATIONS: , r X X'
(A corporate seal and estatio i reeq 'r d
Attest(Seal) By Cat�'� r4. ,- c. �_.�+ a t i
Deputy Clerk to the B 1' `y `
ALL CONTRACTS MUST BE A 'WWII) BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State
Controller, or such assistant as he may delegate,has signed it. The contractor is not authorized to begin performance
until the contract is signed and dated below. If performance begins prior to the date below,the State of Colorado may
not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
ARTHUR L. BARNHART
By
Date
Page 3 of 3
Attachment A Routing No.: 03 KAA 0008
PY02 FUNDING PROVISIONS
•
Exhibit One
A.7 WAGNER-PEYSER-EMPLOYMENT SERVICE
Statutory Reference: Wagner-Peyser Act of 1933, as amended by Public Law 97-300 Job Training
Partnership Act(JTPA) which became effective October 1, 1983; as amended by Public Law 105-220
Workforce Investment Act of 1998 which became effective August 7, 1998; and C.R.S. Title 8, Article
71, Sections 101 and 106.
Purpose of Funding: The purpose of Wagner-Peyser funds is to provide Statewide labor exchange
services that include self-service, facilitated self-help services, and staff-assisted services for job seekers
and employers. Services provided must include access through the Internet and pc-based software to
databases and websites, such as, America's Job Bank, Talent Bank, and Learning Exchange, where job
orders and resumes can be posted and job matches can be made. Staff-assisted services for job seekers
must include one-on-one or group activities, such as,job search workshops, assessment, vocational
guidance, aptitude testing, labor market information,job referrals, and referrals to supportive services or
training. Staff-assisted services for employers must include job order taking,job matching, and
recruitment and prescreening of job candidates.
Required Program Elements:
1. The Grantee must make available through the One-Stop delivery system all labor exchange
services identified above in section A.7, "Purpose of Funding".
2. The Grantee receiving Wagner-Peyser Funds or housing Wagner-Peyser staff will provide
veterans with priority employment and training services in accordance with United States Code
Title 38, Chapters 41 and 42, and 20 CFR 1001.120. The following order of priority will be
observed:
A. Special disabled veterans
B. Vietnam-era veterans
C. Disabled veterans other than special disabled veterans
D. All other veterans and eligible persons
E. Non-veterans
3. Migrant and seasonal farmworkers must be provided the full range of services offered to the
general public.
4. The Grantee may not charge a fee for any Wagner-Peyser funded activity.
5. The Grantee agrees to provide labor exchange services pursuant to the Wagner-Peyser Act
Section 7(a), list of allowable activities. The following activities are not allowable:
A. Job seekers cannot be referred to a for-profit employment agency that will charge them a
fee for job placement;
B. Job seekers cannot be referred to job orders for a position that is vacant because of a
strike or labor dispute, or to a position where the incumbent worker is covering the
position of a striking employee;
Page 1 of 6
•
Attachment A Routing No.: 03 KAA 0008
PY02 FUNDING PROVISIONS
C. Job orders which are discriminatory or pay less than minimum wage cannot be accepted.
6. The Grantee must register any Unemployment Insurance claimants for work and notify the State
Unemployment Insurance office of any Unemployment Insurance claimants who are not able and
not available to work or who refuse either a suitable job referral or a suitable job offer.
7. The Grantee must make a Wagner-Peyser staff person available during regular office hours to
take complaints pursuant to the Job Service Complaint System (20 CFR 658.400 ff) and to
explain operation of the complaint system.
8. The Grantee must discontinue services to any employer who has been determined by the State to
be in violation of the provisions of the Wagner-Peyser Act and regulations (20 CFR 658.500 ff).
9. The Grantee must use Wagner-Peyser funds to provide services to clients who are eligible under
the Trade Adjustment Assistance (TAA) Program or the North American Free Trade Agreement-
Transitional Adjustment Assistance (NAFTA) Program. Wagner-Peyser funded staff, which
includes the Grantee's regional TAA/NAFTA representative, (or WIA Dislocated Worker
funded staff when the individual recipient is co-enrolled) are required to provide on-going
core and intensive services to clients who are TAA-eligible or NAFTA-eligible or to clients who
are enrolled in and receiving benefits and reemployment services through the TAA or NAFTA
programs.
10. The Grantee shall submit a local plan for labor exchange services that includes projected
performance levels for the following labor exchange performance measures: 1) Employment
Placement Rate; 2) Employment Retention Rate; 3) Customer Satisfaction for Job Seekers; and 4)
Customer Satisfaction for Employers.
Roles And Responsibilities Of The State: The State shall:
1. Establish planning guidelines, including "statement of work" requirements, and disseminate these
items to a workforce region along with the estimated annual budget allocation for the upcoming
program year;
2. Review a plan submitted by a workforce region which has first been submitted to the Colorado
Workforce Development Council (CWDC) for policy review. After the State's review of the
plan,the State shall simultaneously submit the plan, with its recommendations for approval or
disapproval, to the governor for final approval and, its recommendations to the CWDC;
3. Allocate funds for Wagner-Peyser administration and service delivery to a workforce region after
final approval of a plan;
4. Monitor workforce region activities for compliance with all applicable federal and state
requirements, and evaluate the workforce region's performance of the following Wagner Peyser
Performance Measures: I) Employment Placement Rate; 2) Employment Retention Rate; 3)
Customer Satisfaction for Job Seekers; and 4) Customer Satisfaction for Employers.
5. Provide technical assistance to the workforce region, including training recommendations, upon
request or, on an as-needed basis.
Page 2 of 6
Attachment A Routing No.: 03 KAA 0008
PY02 FUNDING PROVISIONS
State-Provided Resources:
1. STATE PERSONAL PROPERTY. State fixed assets used in the delivery of services to the
citizens of the State of Colorado at local workforce centers shall be available to the Grantee in a
workforce region upon the transition of the workforce center(s) to a One-Stop Delivery System.
All assets transferred from the State to a workforce region shall be documented by tag number.
Receipt of these assets shall be acknowledged in writing by representatives of the Grantee and
the State. If the Grantee in a workforce region elects to use personal property still under lease
between the State and a third party vendor,then the State reserves the right to deduct such
charges from payments due to the Grantee and pay those lease payments directly to the third party
vendor.
2. STATE REAL PROPERTY LEASES. During the performance of this Agreement, the Grantee
shall use former State workforce centers as a principal office or a satellite office for that
workforce region for the balance of the lease term. The Grantee shall assume all real property
leases associated with former State workforce centers in a workforce region, through either a
novation agreement with the lessor or, a sublease with the State, at the Grantee's option. As such,
the Grantee shall assume all rights, and be subject to, all duties and obligations, of those real
property leases. If a lessor refuses to enter into a novation agreement with the State and the
Grantee, then the Grantee agrees to enter into a sublease with the State and shall honor all
interest, rights, and obligations under that real property lease between the State and the lessor.
The State reserves the right to deduct real property lease rentals from payments due to the
Grantee and pay those real property lease payments directly to the lessor.
3. STATE PERSONNEL.
A. State Allocation. The State will provide the current program year allocation via a Notice
of Fund Availability Letter, a format for which is presented as Attachment I.
B. Retention of State Emplovee(s). The staff identified and funded by this allocation shall be
retained for the duration of this Agreement or until the position(s) is vacated through
attrition.
C. Merit Staffing Requirements. The Grantee shall comply with all applicable Federal laws
regarding merit staffing requirements including, but not limited to,the Wagner-Peyser
Act of 1933, 29 U.S.C. 49, et seq., as amended,the Intergovernmental Personnel
Program, Chapter 62 of Title 42, U.S.C., as amended, and all associated rules, regulations
and policies, as amended. These staffing requirements consist of, but are not limited to:
1) recruiting, selecting, and advancing employees on the basis of their relative ability,
knowledge and skills, including open consideration of qualified applicants for initial
appointment; 2) providing equitable and adequate compensation; 3)training employees,
as needed, to assure high-quality performance; 4) retraining employees on the basis of the
adequacy of their performance, correcting inadequate performance, and separating
employees whose adequate performance cannot be corrected; 5) assuring fair treatment of
applicants and employees in all aspects of personnel administration without regard to
political affiliation, race, color, national origin, sex, or religious creed and with proper
regard for their privacy and constitutional rights as citizens; and 6) assuring that
employees are protected against coercion for partisan political purposes and are
prohibited from using their official authority for the purpose of interfering with or
Page 3 of 6
Attachment A Routing No.: 03 KAA 0008
PY02 FUNDING PROVISIONS
affecting the result of an election or a nomination for office. That federal financial and
technical assistance to state and local governments for strengthening their personnel
administration is in a manner consistent with these principles and in the national interest.
D. Moving Expenses of Affected State Employees. If, as a result of the implementation of
either Phase I or Phase II of the transition to the One-Stop delivery system, a State
employee is required to move or relocate, then the State shall pay all allowable expenses
identified in section 24-50-134, C.R.S., as amended. If, after the initial move or
relocation of a State employee, a workforce region elects to move that State employee to
a new location within that workforce region,then the Grantee shall pay all allowable
expenses identified in section 24-50-134, C.R.S.,as amended. Costs for all subsequent
moves or relocations of State employees after the initial move shall be the responsibility
of the workforce region initiating the move or relocation.
E. Retention of Independent Payrolls. Current State employees who, after the transition to
the One-Stop delivery system are under the day-to-day functional operational supervision
of the Grantee, shall remain on the State's payroll system. The State shall invoice the
Grantee in a given workforce region on a monthly basis for the costs associated with
these State employees. The State reserves the right to deduct such charges from
payments due to the Grantee.
F. Functional Management of State Employees by the Grantee.
1. General. Except as otherwise provided in this Agreement, the Grantee may
provide day-to-day functional operational supervision to state employees,
including the setting of work hours and program responsibilities. In any event,
the State retains authority over all actions which may affect the current base pay,
status, or tenure of classified state employees. The State retains the sole
discretion to determine which State employees shall occupy State positions
throughout the State. Unless otherwise specified in writing by the State, all State
employee positions will be treated as nonexempt under the Fair Labor Standards
Act.
2. Performance Evaluations. The State in conjunction with the Grantee will
complete performance evaluations of State employees following the State's
personnel laws and regulations, and according to both the criteria set by the State
and, upon advanced written approval by the State, additional criteria set by the
Grantee.
3. Grievances. The State shall fulfill the duties and responsibilities using the
classified personnel system grievance process in the initial meeting. The State
shall conduct appropriate investigation(s), conduct the initial meeting,and
furnish suitable information to Grantee supervisors and management. The State
shall retain the responsibility for all actions on grievances after the initial
meeting.
4. Corrective Actions. The State in conjunction with the Grantee will determine and
implement any necessary corrective actions in accordance with the procedures in
the state classified personnel system provided that any grievances as a result of
corrective action follow the procedures identified in paragraph 3 above.
Page 4 of 6
Attachment A Routing No.: 03 KAA 0008
PY02 FUNDING PROVISIONS
5. Disciplinary Actions. The State retains the sole right to terminate, demote, and
suspend its employees for disciplinary reasons. The Grantee will cooperate and
provide information deemed necessary by the State in conjunction with proposed
disciplinary actions.
6. Posted Notices. The Grantee shall post in conspicuous places all notices required
by state law for state classified employees. The State shall supply necessary
copies of such notices at the State's expense.
7. Cooperation. The Grantee shall cooperate fully with the State in any
investigations, appeals, grievances, or other personnel matters, including, without
limitation,those pertaining to allegations of unlawful discrimination.
G. Reduction in Numbers of State Employees.
1. If funding cuts result in the initiation of a lay off action by the State,then the
Grantee shall make equitable adjustments in program services, as allowed by the
program requirements of the funding source, to permit continued operation as is
possible with remaining State and Grantee resources.
2. In the case of reductions of State FTE allocations due to attrition, the funds
remaining for the fiscal year for those positions shall be transferred to the
Grantee and those funds may be used for Grantee employee positions.
3. In the event that State Veteran FTE vacancies occur in County-operated
workforce regions,the State may transfer State employees, voluntarily or
administratively, to fill such vacancies. The selection of personnel to fill such
vacancies shall be at the sole discretion of the State.
4. In the event that non-Veteran State FTE vacancies occur in County-
operated workforce regions, the County shall have the first option to fill
such vacancies. However, in the event the County is not providing services as
required under this grant agreement,the State may transfer State
employees, voluntarily or administratively, to fill such vacancies.
H. Membership in Employee Organizations. Employees performing services under this
Agreement shall have the right of full freedom of association, self-organization, and
designation of representatives of their own choice. Membership in an employee
association or union cannot be required as a condition of employment under this
Agreement. No employee may be coerced into joining or not joining any type of
organization against the wishes of that employee. Additionally.no employee may be
contacted by a representative of any employee organization during working hours for the
purpose of soliciting membership to that employee organization. With the prior consent
of an employee's supervisor, which consent shall not be unreasonably withheld,
representatives of an employee's choice may confer with an employee at that employee's
job site during normal business hours concerning any matter incidental to that employee's
employment relationship with the State or Grantee. The conference shall be conducted so
as to avoid interference with other employees in the work unit.
Page 5 of 6
Attachment A Routing No.: 03 KAA 0008
PY02 FUNDING PROVISIONS
Subcontracting. Wagner—Peyser Funded programs may not be subcontracted out unless the programs are
implemented under a Merit System as defined within Section 1.8 L of the Grant Agreement and provided
by another governmental system.
The Grantee shall not subcontract the performance of any part of its duties which relate to the
administration of funds under this Agreement except in accordance with the terms of this Agreement or
with the prior written consent of the State approving the subcontractor.
Page 6 of 6
MEMORANDUM
DATE: September 12, 2002
ITO: Weld County Board of Commissioners
t
FROM: Walt Speckman, Weld County Division of
COLORADO Human Services Executive Director
SUBJECT: Amendment to Workforce Investment Act
Contract
Enclosed for Board approval is an Amendment to the Workforce Investment Act Contract between
the Board of Weld County Commissioners and the Colorado Department of Labor and
Employment.
The purpose of the Amendment is to clarify: 1) providing services under various programs;and 2)
actions to be taken in the event State FTE vacancies occur in County-operated regions,which is
not applicable in Weld County.
The effective date of this Amendment is November 1, 2002.
If you have any questions, please telephone me at 353-3800, extension 3317.
2002-2528
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