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HomeMy WebLinkAbout20022778.tiff RESOLUTION RE: APPROVE AGREEMENT FOR SPANISH-SPEAKING LANGUAGE CLASSES AND AUTHORIZE CHAIR TO SIGN -AIMS COLLEGE CORPORATE EDUCATION CENTER 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 Spanish-speaking language classes 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 the Aims College Corporate Education Center, commencing October 1, 2002, 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 Spanish-speaking language classes 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 the Aims College Corporate Education Center 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 16th day of October, A.D., 2002. BOARD OF COUNTY COMMISSIONERS A_A WELD COUNTY, COLORADO ��� / a a EXCUSED ATTEST: ,I)✓ .,;� G n Vaad, Chair Weld County Clerk to i i r f 'Pp ��, David E. ong, Pro-Tem BY: 1/4-1/- A ' - . �. Deputy Clerk to the B.< L � 271 v«/ J. eile APP --,D A ORM: c(-5—/ S-71-1-F il'li�\fyln H. J rke ounty to ne Robert D. Masden Date of signature: to 2? 2002-2778 00 ; f� C3 `\ HR0073 AGREEMENT THIS AGREEMENT,made this 1st day of October 2002,by and between the Board of Weld County Commissioners of Weld County, Colorado, on behalf of the Weld County Division of Human Services ' Employment Services of Weld County, hereinafter referred to as "Employment Services," and Aims College Corporate Education Center, hereinafter known as Aims Corporate Center. WHEREAS, Employment Services offers employment services to various employers and applicants seeking employment, and WHEREAS, Employment Services is exploring strategies available to employers to increase the work place skills of individuals with limited English skills, and WHEREAS, Aims Corporate Center receives funds and delivers adult education activities authorized under Title II of the Workforce Investment Act, and WHEREAS, Employment Services and Aims Corporate Center has collaborated with BMC West and Varra Companies to provide workplace Spanish classes for management on site, THEREFORE, in consideration of the premises, the parties hereto convent and agree as follows: I PURPOSE AND GOAL: A partnership between Employment Services and Aims Corporate Center explores strategies to increase employer work place skills in a collaborated fashion to pilot a Spanish-speaking language class with BMC West and Varra Companies to increase the Spanish-speaking skills of their managers by: A. Providing BMC West and Vana Companies with workplace specific Spanish language skills. B. Pilot workplace specific Spanish instruction to the participating business managers. C. Provide workplace specific Spanish classes developed through employer management interviews by an instructor from Aims Corporate Center. II TERM: The term of this agreement shall be for a period of eight weeks, commencing October 1, 2002, and is subject to the provisions of Section W herein and future written modifications requested by any of the parties. Any party who wishes to rescind this Agreement must provide written notice stating their intent to the other parties at least thirty(30) days prior to the desired end date of the Agreement. Agreement between Employment Services and Aims Corporate Center Page 2 III SCOPE OF SERVICES: A. Aims Corporate Center: 1. Develop alternatives for delivering Spanish instruction to workplace managers as identified in Exhibit I. 2. Provide an instructor to teach the class at the employer site two (2) days a week for two (2) hours per day. 3. Provide skill assessment, testing and orientation. 4. Provide a written summary of the strengths and weaknesses of the pilot program and make recommendations for future programs to deliver workplace specific Spanish instruction to managers. B. Employment Services will: 1. Provide Aims Corporate Center partial funds to operate an initial eight (8)week session of Spanish-speaking instruction twice a week. Funds provided will be One Thousand, Eight Hundred and Forty Two Dollars ($1,842.00). 2. Provide assistance in the development of the curriculum. 3 Provide assistance in coordination of employers. IV REQUIRED CONTRACT CLAUSES FOR CONTRACTS AND PURCHASE ORDER: The Required Contract Clause for Contract and Purchase Orders for Workforce Investment Act funds is attached as Exhibit II of this Agreement. V MODIFICATION OF AGREEMENT: All modifications to this Agreement shall be in writing and signed by all parties. VI SEVERABILITY: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such provision to the extent that this Agreement is then capable of execution within the original intent of the parties hereto. Agreement between Employment Services and Aims Corporate Center Page 3 VII NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms, and conditions of this Agreement and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing contained in the Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. VIII ENTIRE AGREEMENT: The parties hereby agree that none have made or authorized any Agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on any party, or its agents or employees, hereto. This Agreement embodies all Agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof than as contained herein. IX NO WAIVER OF IMMUNITY: No 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 related a duty of care which did not previously exist with respect to any person not party to this Agreement. The parties hereto acknowledge and agree that no part of this Agreement is intended to circumvent or replace such immunities. X NON-APPROPRIATION: None of the parties hereto shall be required to expend its public funds for any of the undertakings set forth herein,without the express prior approval of its governing body or director. Any financial obligations of the parties resulting from the promises, covenants and/or terms set forth therein shall be subject to annual appropriations as provided by law. Agreement between Employment Services and Aims Corporate Center Page 4 IN WITNESS WHEREOF the parties hereto have duly executed the Agreement as of this day,month and year first above written. ATTEST:ge y •0), BOARD OF COUNTY COMMISSIONERS /7` LD COUNTY COLORADO L � r,+ Deputy Clerk to the Bo:'a!_' / " 4`7,,David E . Lo 'g to 2 -' Lil Chair Pro—Tem ATTEST: EMPLOYMENT SERVICES OF AIMS COMMUNITY COLLEGE WELD COUNTY CORPORATE EDUCATION CENTER L. da L. Perez, Direct Dr. d Wood, Aca is Dean of C nuing Educati n ,200 -2773 EXHIBIT II Page 1 of 2 REQUIRED CONTRACT CLAUSES FOR CONTRACTS AND PURCHASE ORDERS The type of agreement entered into by a grantee or subgrantee maybe fixed price or cost reimbursement, depending on the method of procurement and goods or services being procured. Each agreement funded by ETA grant programs must contain the specific clauses referred to in 29 CFR 97.36. These clauses are listed below. 1. Administrative, contractual or remedies in instances where contractors violate or breach contract terms and provide for such sanctions and penalties as may be appropriate. (Contracts more than the simplified acquisition threshold). 2. Termination for cause and for convenience by the grantee or sub-grantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of$10, 000) 3. Compliance with Executive Order 11246 of September 24, 1965 entitled"Equal Employment Opportunity," and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of$1000 by grantees and their contractors or sub-grantees). 4. Compliance with the Copeland"Anti-Kickback"Act(18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). (All contracts and sub-grants for construction or repair). 5. Compliance with the Davis-Bacon Act(40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 awarded by grantees and sub-grantees when required by Federal grant program legislation). 6. Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees and sub-grantees in excess of $2000, and in excess of$2500 for other contracts which involve the employment of mechanics or laborers). 7. Notice of awarding agency requirements and regulations pertaining to reporting. 8. Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. EXHIBIT II Page 2 of 2 9. Awarding agency requirements and regulations pertaining to copyrights and rights in data. 10. Access by the grantee, the sub-grantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents,papers, and records of the contractor which are directly pertinent to that specific contact for the purpose of making audit, examination, excerpts, and transcriptions. 11. Retention of all required records for three years after grantees or sub-grantees make final payments and all other pending matters are closed. 12. Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Ac (42 U.S.C. 1857 (h), section 508 of the Clean Water Act (35 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and sub-grants of amounts in excess of $100,000. 13. Mandatory standards and polices relating to energy efficiency which re contained in the state energy conservation plan issued in compliance with the Energy Policy and Conversation Act. (Pub. Law 94-163, 89 Stat. 871). MEMORANDUM DATE: October 11, 2002 l Board of Weld County Commissioners, Glenn WC TO: Vaad, Chairman COLORADO FROM: Walt Speckman, Executive Director, Weld County Division of Human Services SUBJECT: Agreement between Employment Services of Weld County and Aims Corporate Center Enclosed for Board approval and signature is an Agreement between Employment Services of Weld County and Aims Corporate Center. The purpose of this agreement is to develop a curriculum aimed at helping management personnel work with individuals with limited English-speaking skills. The term of this Agreement shall be for a period of eight(S)weeks, commencing October 1, 2002. If you have any questions, please telephone me at (970) 353-3800, extension 3317. 2002-2778 Hello