HomeMy WebLinkAbout20031036.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR WORKPLACE SPANISH CLASSES FOR
MANAGEMENT AND AUTHORIZE CHAIR TO SIGN -AIMS COMMUNITY COLLEGE,
CONTINUING EDUCATION DIVISION
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 Workplace Spanish
classes for management 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 Aims Community College, Continuing
Education Division, commencing April 21, 2003, for a period of one year, 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 Workplace Spanish classes for management
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 Aims Community College, Continuing Education Division, 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 28th day of April, A.D., 2003, nunc pro tunc April 21, 2003.
BOARD OF COUNTY COMMISSIONERS
WE OUNTY, COLORADO
ATTEST: guit,
David E. Long, Chair
Weld County Clerk tot #ft O
$k:P EXCUSED
Robert D. sden, Pro-T m
BY: _, 1 • z — . A
Deputy Clerk to the Board
M. J. eile
APP AS TO • > Yr
William H. Jerk
ounty Attorney AU/�[ �/
57, Glenn
Date of signature:
2003-1036
/Is HR0074
CCU: �� �
AGREEMENT
THIS AGREEMENT, made this 21st day of April 2003, by and between the —
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 Community College, Continuing Education Division, 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
several businesses 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 offer Spanish-speaking classes to Weld County employers thereby
increasing the Spanish-speaking kills of their managers by:
A. Providing Weld County employers with workplace specific Spanish language
skills to better communicate with and help in the retention of their current
workforce.
B. Offering workplace specific Spanish instruction to participating business
managers using the Command Spanish® Materials and Programs. This
program provides materials for an extensive list of Spanish classes which
will focus on specific occupational job sectors, i.e. construction, construction
sites, law enforcement, firefighters, bank tellers,physicians, EMTs, meat
packing facilities, etc
C. Providing workplace specific Spanish classes developed through employer
management interviews with an Official Registered Provider Administrator
and a certified instructor of Command Spanish curriculum from the Aims
Corporate Center.
Agreement Between Employment
Services and Aims Corporate Center Page 2
II. TERM:
The term of this agreement shall be for a period of one year, commencing April 21
2003, and is subject to the provisions of Section IV 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.
III. SCOPE OF SERVICES:
A. Aims Corporate Center will:
1. Send two participants to attend a two-day seminar to receive the
appropriate certification documents from Command Spanish®.
Attendees include a Spanish instructor and a college administrator. Upon
completion of the seminar, Aims will become an Official Registered
Provider(ORP). ORP's are traditionally Workforce Development Offices
and Continuing Education Divisions. Aims will cover registration fees
and all associated expenses (approximately$2,000)
2. Aims Corporate Center will also become a Licensed Official Registered
Provider (LORP) upon certification with the program of the administrator
and teacher. This would allow Aims to become the exclusive provider in
our district, purchase special marketing manuals to promote the program,
request customized manuals when needed, list on the Command Spanish®
website, receive technical support for curriculum\instruction and national
advertising.
3. Provide training to other Aims instructors to teach the class.
4. Provide complimentary training to a staff member of Weld County
Department of Human Services.
5. Acknowledge Employment Services of Weld County as a joint participant
in this venture.
B. Employment Services will:
1. Provide Aims Corporate Center One Thousand, Two Hundred and Fifty
Dollars ($1,250.00) to cover the first year of licensing.
2. Provide assistance with coordination of employers.
3. Select a staff member to attend supplemental instructor training to
familiarize them with all aspects of the program.
Agreement Between Employment
Services and Aims Corporate Center Page 3
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 I 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.
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.
Agreement between Employment
Services and Aims Corporate Center Page 4
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.
IN WITNESS WHEREOF the parties hereto have duly executed the Agreement as of this
day, month and year first above written.
•
ATTEST: Lki
J` BOARD OF COUNTY COMMISSIONERS
F OD COUNTY, COLORADO
i az. Q
Deputy Clerk to the ' r ° David E. Long,�x Chair ( �8 tx•)-0
ATTEST:
EMPLOYMENT SERVICES OF AIMS COMMUNITY COLLEGE
WELD COUNTY CORPO TE E U ATION CENTER
Linda L. Perez, Direct) Dr. Rich Wood, Academic Dean
of Continuing Education
J2003 -k)3l,
EXHIBIT I
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 I 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: April 23, 2003
Board of Weld County Commissioners,
WC TO: David E. Long, Chairman 11
\,(
COLORADO FROM: Waft Speckman, Executive Director, Weld County\ J Lfr
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 to assist Aims in becoming a Licenced Official
Registered Provider for Command Spanish. This will provide an additional tool for employers to
use to increase English skills at the workplace.
The total cost is $1,250.00 to cover licensing for the first year.
The term of this Agreement shall be for a period of one (1) year, commencing April 21. 2003.
If you have any questions, please telephone me at (970) 353-3800, extension 3317.
2003-1036
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