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HomeMy WebLinkAbout850898.tiff Jackie Johnson, Chairman July 16, 1985 __ .�_.._.._ Date _..._. Board of Commissioners _ COLORADO From Walter J. Speckma, Executive Director, Human Resource subject . Job Service Contract_._ Enclosed for Board approval is the Job Service Contract for the time period of July 1, 1985, through June 30, 1986. The State of Colorado, Department of Labor and Employment, is contracting with Weld County in order for Weld County to deliver the Job Service functions for Weld County. Colorado's Department of Labor and Employment will pay Weld County $233,867 for providing the services. This is an increase of $6,750 (3%) over last year's contract. If you have any questions regarding the enclosed contract, please contact me. 435D898 CONTRACT # 85-87 CONTRACT Between roc' -'/7 STATE OF COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT DIVISION OF EMPLOYMENT AND TRAINING and THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY THIS CONTRACT, made this 1st day of July 1985, by and between the State of Colorado for the use and benefit of the Colorado Department of Labor and Employment, Division of Employment and Training, hereinafter referred to as the "State," and the Board of County Commissioners of Weld County, hereinafter referred to as the "Contractor. " WHEREAS, authority exists in the Law and Funds have been budgeted , appropriated , and otherwise made available and a sufficient unencumbered balance therefore remains available for payment in Fund Number G/L Account Number , Contract Encumbrance Number ; and WHEREAS, required approval , clearance, and coordination has been accomplished from and with appropriate agencies ; and WHEREAS, the Contractor is a political subdivision of the State of Colorado; and WHEREAS , Weld County has been designated as a service delivery agent by the Governor and is authorized to provide JTPA Services; and WHEREAS, the Contractor provides employment and training programs to residents of Weld County through the Job Training Partnership Act (JTPA) ; and the Employment Opportunities Delivery System (EODS) ; and WHEREAS, the State previously provided employment and training programs to residents of Northern Colorado including Weld County through the Greeley Job Service Center; and WHEREAS, the State has contracted with the Contractor to provide a single delivery system to residents of Weld County for employment and training services ; and WHEREAS, the State and Contractor desire to enter into a new contract to maintain the delivery of employment and training services in Weld County; and WHEREAS, the State desires to contract with the Contractor for it to provide services under the Wagner-Peyser Act of 1933, as amended; and WHEREAS, the State has authority pursuant to Section 8-72-110(5) C.R.S. ( 1982) , to enter into an agreement with any political subdivision of the State for the purpose of establishing and maintaining free public employment offices ; WHEREAS, the period of funding for the Employment Service Program will be Program Year (PY) 1985 (July 1 , 1985 through June 30, 1986) and programs other than the Employment Service Program will be funded under Fiscal Year 1986 (October 1 , 1985 through September 30, 1986) . NOW THEREFORE, the parties do hereby agree that: I . Contract Period The term of this Contract is from July 1 , 1985 through June 30, 1986. No later than sixty (60) days prior to June 30, 1986, the parties agree to meet to review performance, budget, and any related issues ; and to negotiate the goals , budget , and any necessary changes . Agreement resulting from such negotiations shall be reduced to a written contract to be submitted for necessary signatures and approvals for a new contract to be in place for the following year (July 1 , 1986 through June 30, 1987) . Page 1 of 20 II . Agent Designation The Contractor and its staff are designated as agents of the State for the purpose of providing the functions and services of the Job Service. No agent, employee , or servant of the Contractor shall be or shall be deemed to be an employee of the State. The Contractor understands that it continues to maintain control and direction over its employees and servants and that the Contractor will be solely responsible in providing all applicable benefits such as , by way of example only, workers compensation coverage, unemployment compensation coverage, health coverage , and that the State shall not be responsible therefore. The Contractor recognizes the statutory authority of the State with respect to employment service programs and agrees to abide by all administrative directives and State and Federal policy guidelines applicable to all Colorado Job Service Centers , unless a specific variance is granted by the State Director . III . Definitions A. JTPA JTPA means the Job Training Partnership Act . B. DOL DOL means the United States Department of Labor, including its agencies and organizational units. C. Employment Opportunities Delivery System (EODS) Employment Opportunities Delivery System means the single delivery system, a program of the Contractor , to deliver employment and training services in Weld County as well as to non-Weld County participants and employers . D. State The State means the State of Colorado Department of Labor and Employment, Division of Employment and Training. E. Contractor Contractor means the Board of County Commissioners of Weld County. F. Service Delivery Area (SDA) Weld County, a recipient of financial assistance from the Governor of the State of Colorado to administer Job Training Partnership Act programs . IV. Scope and Purpose of the Contract It is the intent of the parties in entering into this Contract to: A. Provide training and employment opportunities to the unemployed , underemployed , those seeking work, and to increase the earned income of the economically disadvantaged under a single delivery system. Page 2 of 20 B. Maintain °a cooperative arrangement between the State and the Contractor. The Contract shall be annually reviewed at the end of each Program Year by the State and the Contractor to renegotiate and modify the Contract as necessary. C. Maintain the name "Employment Opportunities Delivery System" as the program name of the single delivery system. The Greeley Unemployment Insurance (UI ) shall be separate from EODS and shall remain a program of the State. The Greeley Unemployment Insurance (UI ) shall coordinate services and refer clients to EODS. EODS shall provide UI services as outlined under Section VI . A. , 6 on page 6 of this Contract. V. Performance Goals The State and the Contractor mutually understand that all performance goals for Job Service element of EODS activities and functions as provided in the Job Service portion of EODS Operation Plan for Program Year 1985 shall be endeavored to be met. All program requirements and compliance indicators will be met as described in the following section. The overall minimal performance standard for the Job Service Program shall be 2 ,900 individuals placed and the overall minimal placement transacti:c goal shall be 3 ,700 during the term of this Contract. VI . Statement of Work and Goals A. Principal Employment and Training Programs The Contractor shall provide staff to perform Job Service functions , including Targeted Jobs Tax Credit (TJTC) , Alien Immigration Certifications , Housing Inspections , Local Veterans Employment, Migrant and Seasonal Farm Worker (MSFW) , and UI Claimant work search programs in addition to the JTPA programs for which it is also funded . These programs are described below: 1 . Job Service The Job Service shall provide labor exchange services , perform UI work test, and provide labor market information. The Job Service is part of the national system created in 1933 with the enactment of the Wagner—Peyser Act, subsequently amended . Basic services which the Job Service provides applicants and employers are : a. Placement The process of receiving job orders , classifying and recording information on employer job requirements , job content and conditions of employment; informing employers of availability of applicants; evaluating qualifications of applicants selected from the application files and referring those who most nearly meet the specifications on the job order (manual or computer job match) , keeping employers informed of action taken and progress in filling orders ; verifying placements and cancellations , recording transaction data on required data entry forms , developing jobs for individual applicants ; and providing local and state labor market information to applicants and employers . Because of the emphasis on veteran' s employment , all job orders reviewed will first be made available to qualified Disabled Veterans and other qualified veterans before other applicants are considered for referral . Page 3 of 20 b. Testing Used to obtain information on aptitudes and skills , as an aid in counseling, and in the selection of applicants for jobs . c . Counseling This service is provided to assist applicants with problems in vocational choice, change , or adjustment to include development of individualized Employability Development Plans . d. Referral to Supportive Services Applicants are referred to other agencies or program components for health care, financial aid, child care and other supportive services , and/or referred to EODS or other SDAs for training and other employment and training services . e . Special Job Service Activities The Job Service provides special activities including: services to handicapped, youth, economically disadvantaged, minorities , females , and older workers ; Intrastate and Interstate clearance of job orders ; complaint resolution and employer assistance with equal employment opportunity regulations ; and other services as prescribed or directed by the DOL and modified into this Contract. 2 . Targeted Jobs Tax Credit The Eligibility Determination Interview, which consists of the preparation of the Applicant Characteristics and Voucher forms , will be conducted by EODS Staff. The Manager of the Fort Collins JSC shall be responsible to assure that all TJTC Employer Certifications are completed by a State employee utilizing information obtained on the Applicant Characteristics and Voucher forms . 3. Housing Infections Contractor shall provide housing inspections pursuant to 20 CFR Part 654 and Occupational Safety and Health (OSHA) Regulation 1910. 142. The Contractor shall be reimbursed as set forth in the following section . 4. Veterans Pursuant to, and in compliance with Tite 38, United States Code (USC) and 20 CFR Part 635 EODS shall : ( 1 ) Register eligible veterans and eligible persons for suitable types of employment and training and for counseling and placement of eligible veterans and eligible persons in employment and job training programs ; Page 4 of 20 (2) Engage in job development and job advancement activities for eligible veterans and eligible persons , including maximum coordination with appropriate officials of the Veterans ' Administration in that agency' s carrying out of its responsibilities under subchapter IV of chapter 3 of Title 38 USC and in the conduct of job fairs , job marts , and other special programs to match eligible veterans and eligible persons with appropriate job and job training opportunities ; (3) Assist in securing and maintaining current information as to the various types of available employment and training opportunities , including maximum use of electronic data processing and telecommunications systems and the matching of an eligible veteran' s or an eligible person s particular qualifications with an available job or on-jqb training or apprenticeship opportunity which is commensurate with those qualifications ; (4) Promote the interest of employers and labor unions in employing eligible veterans and eligible persons , and in conducting on-the-job training and apprenticeship programs for such veterans and persons ; (5) Maintain regular contact with employers , labor unions , training programs'and Jete"ans ' organizations with a view of keeping them advised of eligible veterans and eligible persons available for employment and training and to keeping eligible veterans and eligible persons advised of opportunities for employment and training; (6) Promote and facilitate the participation of veterans in Federal and federally funded employment and training programs to ensure that eligible veterans , veterans of the Vietnam era, disabled veterans , and eligible persons receive such priority or other special consideration in the provision of services as is required by law or regulat'on ; (7) Assist in every possible way in improving working conditions and the advancement of employment of eligible veterans and eligible persons ; (8) Supervise the listing of jobs and subsequent referrals of qualified veterans as required by section 2012, Chapter 42 , Title 38 USC; (9) Be responsible for ensuring that complaints of discrimination filed under such section are resolved in a timely fashion at the local level or elevated to the appropriate CDET Area Manager; (10) Working closely with appropriate Veteran ' s Administration personnel engaged in providing counseling or rehabilitation services under Chapter 31 of this title , cooperate with employers to identify disabled veterans who have completed or are participating in a vocational rehabilitation training program under such chapter and who are in need of employment; (11 ) Cooperate with the staff of programs operated under section 612A of Title 36 in identifying and assisting veterans who have readjustment problems and who may need employment placement assistance or vocational training assistance ; and (12) When requested by a Federal or State agency or a private employer assist such agency or employer in identifying and acquiring prosthetic and sensory aids and devices which tend to enhance the employment of disabled veterans ; ( 13) Provide , upon request by CDET State Veterans Coordinator , CDET Disabled Veterans Outreach Program (D)/CP) Coordinator and/or the Colorado Veterans Employment and Training Service (CVETS) Staff any facts or information needed to monitor the EODS Veterans Program and/or veteran complaints ; Page 5 of 20 • ( 14) Request as necessary technical guidance and assistance from CDET State Veterans Coordinator , CDET DVOP Coordinator and/or CVETS to improve ..&nd expand the EODS Veterans Program. Minimum goals for Veterans Compliance will be those goals as negotiated between the State and the State Director of Veterans Employment and Training Service (SDVET) and shall be consistent with goals established for other Job Service Centers in the Colorado Division of Employment and Training. Plans of corrective action shall be provided by SODS to the State whenever the minimum standards for veterans compliance are not • met. Pursuant to Title 38 USC, the Administrative head of EODS shall assign a staff member, preferably. an eligible veteran or eligible person, whose services shall be fully devoted to discharging those duties as described in Exhibit I and incorporated herein by this reference. 5. Migrant and Seasonal Farm Workers The Contractor shall meet all of the Migrant and Seasonal Farm Worker' s equity and minimum service • , indicators . The current requirements specify that 4 of 5 equity or service indicators will be met and that 4 of 7 minimum service level indicators w' 11 be met, and that the Contractor will comply with 20 CFR, parts 651 , 652 and 653. 6. Unemployment Insurance (UI) Recipients (Ui: Claimants) Placement of UI Claimants will be emphasized through monitoring of the percentage of UI Claimants placed by EODS. The EODS Employer Relations Plan shall urge employers to hire UI Claimants, thereby reducing the cost of UI . 7. Job Training Partnership Act (JTPA) The Job Training Partnership Act (JTPA) was signed into law on October 13, 1982 , to replace the Comprehensive Employment and Training Act (CETA) . The purpose of JTPA is to provide job training and related services to economically disadvantaged adults and youth and other individuals facing serious barriers to employment so that they can enter the labor force and obtain productive employment. Emphasis has been placed on a public-private partnership as well as a state-local one . JTPA requires major coordination efforts with Job Services , vocational rehabilitation , social service, and educational agencies . B. Mission and Function Statement The following mission and function statements outline the overall structure in which employment and training services will be delivered in Weld County. 1 . Unit Name Employment Opportunities Delivery System. a . Subdivision of Weld County Division of Human Resources . Page 6 of 20 b. Mission To function as the source agency vest-ad with the responsibility to correlate and manage federal , state, and local funds and program employment and training services to the unemployed , underemployed, economically disadvantaged , and to those seeking work both from within and outside of Weld County. c . Function Develop a strong , positive, and responsible performance record in the community through sensitive and resourceful program development and professional competence in stewardship of public funds in the areas of employment and training programs . To deliver all services under JTPA, Job Service , workfare, Welfare Diversion, under one consolidated administrative and programmatic structure to be known as the Employment Opportunities Delivery System. Accommodate community employers to render and , enhance utilization of the Employment Opportunities Delivery System. Maintain operating relations with community agencies anc the population to inform and to secure irteraction and cooperation. Operate an integrated delivery system in accordance with federal , state, and local employment and training procedures , guidelines , and standards . Analyze and improve management information systems data in order to enhance the Employment Opportunities Delivery System operations in regards to fluctuations , trends , and patterns of the local economy. Maintain maximum resource flexibility and . coordination of services with various agencies , in providing comprehensive employment and training services for MSFWs . To integrate private sector involvement in the design and operation of employment and training activities . To ensure that the employment and training programs are coordinated so that both the applicant and employers gain maximum benefit from the program. To work with the private sector and other agencies in providing services which will aid in positive employment experience for MSFWs and employers in the agriculture areas . 2 . Unit Name Basic Applicant and Employer Services . a. Subdivision of Employment Opportunities Delivery System. Page 7 of 20 • b. Mission To meet the employment and training n:,;eds of the employer community, with emphasis on private sector, by providing comprehensive, easily accessible services which promote identification and listing of job opportunities for EODS applicants . To utilize the agency and community resources reasonably available to assist those seeking work especially in Weld County, to secure gainful employment through matching applicant skills , experience , education, etc . , with available job opportunities , complying with State and Federal Regulations for services to special groups such as veterans , welfare recipients , and MSFWs through single delivery system. c. Function Enhance and encourage continued economic development throughout Weld County and support employment generating activities Maintain a public relations program to make employers aware of all EODS services and how they are beneficial , and to assure liaiscn with other public agencies . Maintain an aggressive employer relations program to solicit job openings suitable to the various EODS program applicants , including incentives such as Targeted Jobs Tax Credit (TJTC) , On-the-Job Training (OJT) , Welfare Diversion , and Workfare (CWEP) . Receive job orders for which to screen applicants in accordance with affirmative action plan recruiting and job development for applicants with special skills or needs . Provide professional technical assistance in labor market information and other employment related issues . Perform initial intake , screening and registration. Complete initial assessment of each client' s job readiness . Determine eligibility for various specific programs offered through EODS and assure all documentation and procedures to meet appropriate local , state, and federal rules and regulations . Inform each client about the EODS Programs and orient specifically to those for which client is eligible and interested . Screen clients to requirements of job openings and make appropriate referrals , following up activity when appropriate. 3. Unit Name Individualized Special Services . a . Subdivision of Employment Opportunities Delivery System. Page 8 of 20 n. b. Mission To assist in the operation and the supervision of training programs that provide a variety of activities aimed at testing, assessment , counseling, orientation , work experience/training, and instruction to clients to equip them to be employable people in the job market. c . Function Assist in the operation of and the supervision of the Job Search component to accomplish active job seeking activities . Establish employment and training programs for clients and monitor their effectiveness for both the client and the employer. Maintain a testing and assessment system. Develop an Employment Development Plan for each participant. Identify supportive services necessary for successful participation . Make referrals to unsubsidized jobs . 4. Unit Name Administrative Unit. a. Subdivision of Weld County Division of Human Resources . b. Mission To assist the Employment Opportunities Delivery System in the management of the fiscal , contract/grants and complaint areas , management information systems/personnel areas , and office management. c . Function To assist the Employment Opportunities Delivery System in all fiscal areas including fiscal reports , internal controls , and budgeting . To assist the Employment Opportunities Delivery System in maintaining participant files and recordkeeping , complete all job service reports , assisting in all personnel areas , and provide data entry and maintenance in the Automated Data System (ADS) and EODS computer systems . To assist the Employment Opportunities Delivery System in all contract and grant maintenance and compliance areas and complaint areas . To assist the Employment Opportunities Delivery System in all office management areas including typing, purchasing , minute taking , ordering of forms , and other office management areas . Page 9 of 20 C. Training and Technical Assistance The State agrees to provide operating and compliance training and technical assistance to the Contractor in delivering programs , functions , and activities of the Job Service element of EODS to the extent. resources permit as follows : 1 . Formal training in State policies and operating procedures related to the placement process to allow Contractor personnel effective participation in the activities of the placement process as appropriate. 2 . Continuous review and enforcement, if needed, to ensure the proper use of open order listings in the referral procedures . 3. Training and technical assistance in administrative and management requirements , funding and grant requirements , quality control requirements (monitoring) , and operational •and compliance requirements of the Job Service element of EODS. D. Monitoring and Evaluation The State shall conduct monitoring and evaluation procedures as conducted for other Job Service programs in the State of Colorado, and such other monitoring and evaluating as it deems appropriate. VII . Program Funding In return for the services of the Contractor' s staff, who will operate the programs and deliver the services described in this Contract, specific program funding is provided as follows : A. Job Service This Program is funded under Federal Program Year (PY) 1985. The State will reimburse the Contractor under the terms and procedures for the Job Service functions described in the previous section. Funds have been obligated in an amount not to exceed Two Hundred and One Thousand, Six Hundred Eighty-Six and 00/100 dollars ($201 ,686.00) for the term of this Contract. (Refer to billing procedures on page 14, H) . This figure was calculated at the Job Service Center Employment Service average salary multiplied by the position equivalent arrived at through the allocation formula. En addition , 15% non-personal service (NPS) is included in the above amount. B. Alien Immigration The State will be responsible for processing all Non-Agricultural Alien Labor Certifications , and will respond to any related inquiries concerning labor certifications . C. Housing Inspection Contractor will be reimbursed at the rate of Two Hundred and 00/100 dollars ($200.00) for each housing inspection. The sum of Two Hundred and 00/100 dollars ($200.00) has been currently appropriated for payment of this function through September 30, 1985 . Any subsequent payments are contingent upon additional funds being appropriated for Fiscal Year 1986. The majority of all inspections will occur between March 1986 and June 30, 1986 . In no event will the number of inspections exceed six (6) and reimbursement exceed One Thousand Two Hundred and 00/100 dollars ($1 ,200.00) dollars . Page 10 of 20 D. Local Veteran Employment Representative (LVER) This specially funded program requires the allocation of one full-time staff person to perform the duties specified in Exhibit I "LVER Duties . " Actual salary and overhead costs for this position shall be reimbursed by the State . The sum of Seven Thousand Seven Hundred Forty-Five and 25/100 dollars ($7,745.25) has been currently appropriated for this position through September 30, 1985 , and incremental payments are contingent upon additional funds being appropriated for Fiscal Year 1986 (See billing procedures at Section VIII . H. supra) . In no event, however , will the amount exceed Thirty Thousand Nine Hundred Eighty—One and 00/100 dollars ($30,991 .00) for the term of this Contract. The Contractor must submit written justification and time charged to this position. The Contractor also accepts the financial responsibility for any audit exceptions related to LVER Program expenditures . E. Total Costs and Reimbursement In no event shall the Contractor' s 'total reimbursement for costs under this Contract exceed Two Hundred Thirty-Thr'e ) , Thousand Eight Hundred Sixty-Seven and 00/100 dollars ($233,867 .00) , nor shall the State be liable for any obligation incurred after June 30, 1986. The amount of Two Hundred Nine Thousand Six Hundred Thirty-One and 25/ 100 dollars ($209,631 .25) has been currently appropriated by the Federal Government for the purposes of payment of the obligations of this Contract. The obligation of the State to make additiona', payments pursuant to this Contract shall be contingent upon, and limited to, additional funds being appropriated for such purposes in Fiscal Year 1986. F. Xerox Machine The State will provide a Xerox machine to the Contractor . Contractor will provide for all maintenance costs and supplies for the machine . G. Overhead Costs All operating costs , support costs , programmatic , administrative and non-personal services (NPS) costs , necessary to operate the programs and services of the Job Service Center within the EODS concept will be borne by the Contractor within its resources and those provided by the funding from the State. VIII . Contract Procedures A. Geographic Areas to be Served The Contractor serves the specific area of Weld County in delivering employment and training programs . Job Service services shall be provided to Weld County residents as well as non-Weld County residents . However , due to legal constraints , the JTPA Program of EODS shall service only Weld County residents . Those people who are not Weld County residents shall be referred to the appropriate county delivery system for JTPA services . Page 11 of 20 B. Planning Louncils The Private Industry Council (PIC) has been established as mandated in Title I - Job Training Partnersh` p, Part A, Sections 101 (a) , 102(a) , and 103(a) of Public Law 97-300 dated October 13, 1982 . This is outlined in the following Chart A. The State shall have one voting member participate in the PIC: CHART A Employer Input through the PIC I j Weld County Commissionersl _ _ _ - Executive Director Human 1 1 Weld County. Division'11 ,— - Resources of Human Resources I I Committee I I ir PIC j 1 Veterans Committee 1 Youth �I AD HOC Committee I i EODS Director -- -- — - — - - — -- — - J C. Modifications All proposals for modifications to this Contract shall be provided to the Executive Director of the State and the Board of County Commissioners of Weld County . Origination of modification proposals can begin at any or all levels . This Contract is intended as the complete integration of all understandings between the State and the Contractor . No prior or contemporaneous addition, deletion , or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing . No subsequent renewal , addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules and other applicable statutes and regulations . D. Termination of the Contract 1 . In the event that funding for any program established by this Contract is discontinued or decreased by the Department of Labor, the State may terminate the Agreement or reduce the scope of work and payment of funds proportionally upon 30 days written notice as provided in Paragraph 4. 2 . This Contract may be terminated by either party upon thirty ( 30) days written notice provided to the other party. 3. Upon default by either party, of the terms hereof, the non-defaulting party may terminate this Contract by written notice to the defaulting party. 4. Notice of termination shall be sent by Registered U.S. mail , Return Receipt Requested , first class postage prepaid , and, in the case of termination for default or non-funding , shall be effective at the end or the third business day following the date or mailing . Page 12 of 20 Notifies shall be addressed as follows : To the State: Executive Director, Colorado Department of Labor and Employment 251 East 12th Avenue Denver, Colorado 80203 To the Contractor: Executive Director, Weld County Division • of Human Resources P.O. Box 1805 Greeley, Colorado 80632 and The Board of County Commissioners of Weld County P.O. Box 758 Greeley, Colorado 80632 E. DOL Notice of Violation In the event that the U.S. Department of Labor , Employment' and Training Administration (ETA) receives information concerning alleged violations by one or both parties of the Job Service regulations , the procedures for disallowed expenditures and corrective actions outlined in the Rules and Regulations , 20 CFR Part 658 shall apply. F. Severability To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Contract, the terms of the Contract are severable , and should any term or provision hereof be declared invalid or become inoperative , such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver of any other term. G. Resorts The Contractor shall submit such financial and other reports as required by the State, on such forms as may be prescribed by the State. All financial and program reporting by the Contractor shall be in accordance with the procedures and on such forms as may be prescribed by the State, and as may be required by the JTPA, Regulations , and other applicable law. Reports to be filed shall include: i . TRA-3 v. ETA 5148 D, Part One, ii . Form 145 Two and Three iii . Self Appraisals vi . ETA-338 Housing Inspection iv. ETA-223 The Contractor has developed a comprehensive computer system that meets all the data collection requirements of the Job Service and JTPA. All data required for the Job Service ' s ADS will be provided via tape record from the Contractor. The tape record by the Contractor will be processed by the State in a timely fashion in order to update the ADS and ESARS. The Contractor and the State mutually agree to work toward development of an on-line interface of the two (2) computer systems (dependent upon cost feasibility and hardware/software compatibility) . Page 13 of 20 A single purpose application form has been designed and is being utilized to eliminate duplicate data gathering . The Contractor may redesign, supplant, or supplement all forms contained in a participant record at any time in order to gather, collect, or delete required and/or any other additional information, convert forms. to on-line real time , and/or improve the Contractor' s Management Information System (MIS) . The Contractor guarantees that although the usual forms used by the State may not be used , all data needed for the State' s ADS and Employment Service Automated Reporting System (ESARS) will be provided . The Contractor will continue to convert to a "paperless" office by processing applicatiors and the record of services on—line. H . Billing and backup material reports shall be submitted on a quarterly basis to the State no later than 45 days after the end of the quarter being reported . In the event of any over or under expenditures of funds , the State may at its option , recapture and/or reallocate funds at its discretion . I . Bookkeeping and Accounting The Contractor shall comply with State procedures and guidelines and accounting methods and shall otherwise utilize such methods of bookkeeping and accounting as are customary and acceptable for operations and projects of a similar nature . As a minimum requirement , the fiscal systems of the Contractor shall contain procedures for determining reasonableness, allowability, and allowability or costs in accordance with the provisions of EMC 74- 4, and shall provide: 1 . Effective control and accountability for all funds , property, and other assets ; 2. Accurate , current, and complete disclosure of the financial results of the program; 3. Records which adequately identify the source and application of funds for program activities ; 4. Reporting on the accrual basis ; 5 . Comparison of actual outlays with budgeted amounts ; and 6. Full and complete documentation for accounting entries . J . Audits The Contractor shall permit audits to be performed by auditors authorized by the Department of Labor and the State . The Contractor shall also permit the State to inspect its records during the time of this Contract and for a period of three (3) years following the termination of the Contract, to assure compliance with the terms hereof . All records kept by the Contractor in connection with performance of the terms of this Contract shall be maintained by the Contractor and not disposed of for a period of three (3) years following termination of this Contract . K. Assignments of Rights or Duties The Contractor shall not transfer or assign any of its rights or duties under this Contract without the prior written consent of the State . Any attempted transfer or assignment without written consent by the State shall be void . Page 14 of 20 IX. Property Management The State agrees to continue to loan all desks , chairs , and equipment, presently in its inventory to the Contractor to accomplish the tasks and activities outlined in the Contract . Title of all such property shall remain with the State . The State and Contractor shall continue to maintain during the term of this Contract a complete inventory of the equipment which is the subject of this Contract. A signed document listing the inventory and receipt of such equipment will be retained by the State and the Contractor. The Contractor shall be responsible for any loss of State property. The Contractor shall not loan or otherwise permit the use of the equipment to parties outside of the EODS Program. The State will provide and bill EODS for necessary forms for the Job Service element of the EODS operation. Supplies necessary for other programs will be provided by EODS. X. Disagreements In the event of disagreement between the SDA and the State ' s Area Manager, differences will be resolved as follows : A. Area Manager and EGOS Director attempt to resolve differences . B. Executive Director, Weld County Division of Hunan Resources , and CDE- Assistant Director for Field Operations attempt to resolve differences . C. Executive Director , Colorado Department of Labor and Employment and Weld County Commissioners attempt to resolve differences . XI. State Regulations , Assurances and Certification, and Instructions A. At all times during the performance of this Contract, the Contractor shall strictly adhere to all applicable Federal and State laws that have been or may hereafter be established . All the laws , rules and regulations , assurances and certifications , and instructional memorandums applicable and current to the operation and compliance of employment and training programs of the State and the Contractor shall be adhered to by the Contractor in the operation of the SODS. All additions or changes in the laws , rules and regulations , assurances and certifications , or instructional memorandums shall be adhered to in similar fashion . The State and Contractor agree to share (as expeditiously as possible) copies of all statutes , rules and regulations , assurances and certifications , and instructional memorandums affecting compliance of programs . B. Assurances and Certifications The assurances and certifications to the various State and Contractor programs are attached hereto and made a part hereof. The following items are covered in the assurances and certifications , but are not limited to: 1 . Non-Discrimination and Equitable Services i . Affirmative Action Plan ii . Non-Discrimination iii . Significant Segments (Target Grocps) iv . Veterans Preference Page 15 of 20 2. Prevention of Fraud and Program Abuse i . Conflict of Interest ii . Kickbacks iii . Commingling of Funds iv . Charging of Fees v . Nepotism vi . Child Labor vii . Political Patronage viii . . Politica] Activities ix . Lobbying Activities x . Sectarian Activities xi . Unionization or Anti-Unionization xii . Maintenance of Effort xiii . Theft from Embezzlement xiv . Procedures for Prevention C. Confidentiality The State designates the Contractor , and any and all of its agents , servants , and employees as "agents" of the State for the purpose of confidentiality pursuant to Section 8-72-107 et se_q C.R.S. The Contractor , its agents , servants , and employees shall comply with respect to records and information obtained from the S'=ate pursuant to the terms of this Agreement . The Contractor agrees that all of its personnel shall agree to be bound by the provisions of this Contract . All Contractor personnel shall be provided with and shall individually sign a certificate of receipt of the Governor ' s Executive Order on the Code of Ethics and a statement in regard to accurate reporting of placements , prohibition against accepting any gratuity or favor for making a placement , and an explanation of State confidentiality requirements . A copy of the confidentiality package is attached hereto as Exhibit II and incorporated herein by this reference . D. Federal Rules and Regulations The Contractor agrees to be bound by the Department of Labor, Employment and Training Administration rules and regulations related to the services of the Employment Services System which includes all other applicable regulations and administrative guidelines . The Contractor shall also abide by all of the terms and conditions of that portion of the State Program and Budgeting Plan which deals with employment service functions , as approved by the Department of Labor . E . Military Selective Service Act Contractor will assure that JTPA beneficiaries have complied with the Military Selective Service Act . XII . Indemnification Contractor, in consideration for the State' s promise herein set forth , promises to indemnify, save and hold harmless and defend State , and all of its employees and agents , acting officially or otherwise , from any and all liability, claims , demands , actions , debts and attorney fees arising out of, claimed on account of, • or in any manner predicated upon loss or damage to :he property of and injuries to, or death of all persons whatsoever , which may occur , or is sustained in connection with the performance of this Contract , or by conditions created thereby, or based upon any violation of any statute , ordinance , or regulation , and the defense of any such claims or actions . Page 16 of 20 XIII . Special Conditions A. As a condition of receiving funds under the Wagner-Peyser Act, as amended , the Contractor shall : 1 . Comply with the Wagner-Peyser Act, as amended, and applicable rules and regulations. 2. Promote and develop employment opportunities for handicapped persons and provide job counseling and placement to handicapped persons described above. 3. Designate at least one person whose duties shall include providing services/activities for handicapped persons described above . 4. Cooperate with the Division of Rehabilitation of the Colorado Department of Social Services in providing services activities to handicapped persons under the State plan. 5. Comply with 41 CFR, 60-3 29 CFR 1627 and CFR 32 in conducting Employment Testing programs . 6. Provide priority services to Veterans and other eligible persons as required by Federal laws and regulations including 20 CFR 635 and Title 38 United States Code . Such services shall be coordinated with the Disabled Veteran Outreach Program (DVOP) and Local Veterans Employment Representative (LVER) programs . 7. Observe the Governor' s coordination criteria in program operations . Such operations shall be coordinated through written non-financial agreements with Colorado Rehabilitation , Occupational Education , Social Services and other State and local agencies as appropriate . 8. Comply with Title VI and Title VII of the Civil Rights Act of 1964, and in accordance with Title VI and Title VII , no person in the United States shall , on the grounds of race , color , or national origin, be excluded from participation in , be denied benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance and shall immediately take any measures to effectuate this agreement. 9. Comply with Title VI and Title VII of the Civil Rights Act of 1964 prohibiting employment discrimination where (1 ) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices shall result in unequal treatment of persons who are or should be benefiting from the grant—aided activity. 10. Comply with the provisions of the Hatch Act which limit the political activity of employees . 11 . Comply with the minimum wage and maximum hours provision of the Federal Fair Labor Standards Act , as they apply to hospital and educational institution employees of State and local governments . Page 17 of 20 12 . Establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others , particularly those with whom they have family, business or other ties . 13. Provide the State through any authorized representative access to and right to examine all records , boors , papers , or documents related to the grant . 14. Comply with all requirements imposed by the Federal sponsoring agency concerning specific requirements of law, program requirements , and other administrative requirements . B. Contractor additionally agrees to be bound by the Special Provisions which follow: Page 18 of 20 10510 Form&ACa¢n SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. This contract shall not he deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may desienalc. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligation of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. II this contract involves the payment of more than fifty thousand dollars for the construction.erection,repair,main- tenance.or improvement of any building.road, bridge,viaduct,tunnel,excavation or other public works for this State. the contractor shall,before entering the performance of any such work included in this contract.duly execute and deliver to and file with the official whose signature appears below for the State.a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract.Such bond shall be duly executed by a qualified corporate surety,conditioned for the due and faithful performance of the contract. and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any labor.materials.team hire. sustenance. provisions, provendor or other supplies used o&-consumed by such contractor or his subcontractor in perfor- mance of the work contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the bond, together with intzrest at the rate of eight per cent per annum. Unless such bond. when so required, is executed. delivered and filed.no c"aim in favor of the contractor arising under this contract shall be audited,allowed or paid.A certified or cashier's check or a bank money order payable to the Treasurer of State of Colorado may be accepted in lieu of a bond. This provision is in compliance with 38-26-106 CRS. as amended. • MINIMUM WAGE 4. Except as otherwise provided by law,if this contract is in excess of one hundred fifty thousand dollars and requires or involves the employment of laborers or mechanics in the construction,alteration or repair of any building or other public works(except highways, highway bridges. underpasses and highway structures of all kinds or contracts for any purpose to which the state department of highways or the chief engineer is a party)within the geographical limits of the State.the rate of wages for all laborers and mechanics employed by the contractor or any subcontractor on the building or other public works covered under the contract shall not be less than the prevailing rate of wages for work of a similar nature in the county.city and county.or municipality of the State in which the building or other public works is located.The prevailing rate of wages and the resolution of any disputes resulting therefrom shall be as prescribed by 8-16-101 CRS. as amended. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957. as amended, and other applicable law respecting discrimination and unfair employment practices (24-34-402. CRS 1982 Replacement Vol.).and as required by Executive Order, Equal Opportunity and Affirmative Action.dated April 16. 1975. Pursuant thereto, the following provisions shall he contained in all State contracts or sub-contracts. During the performance of this contract, the contractor agrees as follows: (I) The contractor will not discriminate against ally employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion,ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment. without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertisings: lay-offs or terminations:rates of pay or other forms of compensation;and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places. available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this nun-discrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion,ancestry, mental or physical handicap, or age. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's committment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975,and by the rules. regulations and Orders of the Governor, or pursuant thereto, and will permit access to his hooks, records. and accounts by the contracting agency and the office of the Gum error or his designee for purposes of investigation to ascertain compliance with such rides, regulations and orders. 15) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its new hers in the full enjoyment of work opportunity, because of race,creed, color, sex, nat Tonal origin, or ancestry. (6) A labor organization- or the employees or members thereof will not aid,abet, incite,compel or coerce the doing of any act defined in this contract to he discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder;or attempt,either directly or indirectly, to commit any act defined in this contract to be discriminatory. 19 20 395.53.01.1022 page of pages Form 6-AC-02C (7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,regulations.or orders,this contract may be cancelled.terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures,authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity and Affirmative Action of April 16, 1975,or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (8) The contractor will include the provisions of paragraph (1) through (8) in every sub-contract and sub- contractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity:md Affirmative Action of April 16. 1975,so that such provisions will he binding upon each sub- contractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non- compliance;provided,however,that in the event the contractor becomes involved in,or is threatened with,litiga- tion with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6. Provisions of 8-17-101, & 102,CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. GENERAL • 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpreta- tion, execution and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall he considered null and void.Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint,defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times during the performance of this Contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules and regulations that have been or may hereafter be established. 9. The signatories hereto aver that they are familiar with 18-8-301,et.seq.,(Bribery and Corrupt Influences)and 18-8- ' 401, et. seq., (Abuse of Public Office), CRS 1978 Replacement Vol., and that no violation of such provisions is present. 10. The signatories aver that to their knowledge.no state employee has any personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. STATE o CO ORADO RI ARD it. LAM R • (Full Legal Name) 1/ 1f• � '� r01 B' r ' . •5 EXECUTIVE. DIRECTOR. ( .J Contractor By: -- _ PtO fe n Position (TitioChairman, Weld County Board of Commissioners DEPARTMENT _ OF /LABOR AND RMPT,nYMrr`NT Steal Security. Number or Federal I.D. Number (If Corporation:) .itlil Attest: (Seal) at 4....,1d442tin1 By .97 I . Deputanty erk APPROVALS • ATTORNEY GENERALjUNEWOODARD - CON LER• If By .. By .I / t ':d.2iSt ; DE 5y General Gen r I Legal S rvi O • 395-53-0I-I030(Rev5/85) Page 20 which is the last of 20. pages *Sec instructions on reverse side. EXHIBIT I LOCAL VETERAN EMPLOYMENT REPRESENTATIVE (LVER) DUTIES The EODS LVER is responsible for ensuring that maximum employment and training opportunities are provided to veterans and other eligible persons ; that the veterans activities and services of EODS are in compliance with established policies , regulations , laws and standards . 1 . Interviews veterans and other eligible persons to determine the kinds of services needed. Provides information on the services available , both from within SODS and from other agencies, information on the loco.' labor market, and information on benefits available to veterans under State and Federal laws . Refers veterans for placement, counseling , testing or other EODS services needed by the veterans or other eligible persons such as job development and job advancement activities . 2. Develops or assists in the development of EODS plans for serving veterans. Provides technical assistance and monitors performance to ensure effective accomplishment of these plans and goals . 3. Acts as functional supervisor of EODS services to veterans . On a daily basis reviews applications , job orders and other EODS records to determine whether veterans and eligible persons are receiving required preference for service and that the services received are consistent with their needs . Calls problems to the attention of the EODS manager , with recommendations for corrective action . 4. Establishes working relationships with EODS service delivery agents , and ether deliverers of employment and training services to provide advice and assistance in identifying the needs of veterans , and in identifying special efforts , programs , or activities needed in effectively providing services to veterans . Assists EODS in establishing the cooperative relationships with other agencies and veterans groups needed to effectively locate and serve veterans . 5. Plans and develops special programs and activities designed to enhance the employment, training and advancement opportunities of veterans , e .g. , Veterans Job Fairs or employment conferences , special employer relations and job development efforts , publicity campaigns , etc. Coordinates these activities with other interested groups and agencies such as the Veterans Administration, the Colorado Alliance of Business and various veterans service organizations . 6. Develops and maintains regular contacts with employers and employer organizations , unions , training agencies , veterans service agencies , and veterans organizations in order to promote an interest in employing and enrolling veterans . Promotes and, in special cases , develops job and training openings and obtains commitments for veterans . Keeps veterans advised as to the availability of jobs and training opportunities and advises employers , training agencies , etc . , as to the availability and needs of veterans . 7. On a monthly basis prepares studies and reports regarding the status of EODS accomplishments in relation to services to veterans , identifying variances from established standards , policies or regulations and laws , and recommends specific corrective action plans to the EODS Manager. 8. Provides training and technical assistance to other staff of EODS in understanding the requirements of laws and regulations , the needs of veterans , and the services and benefits available in order to enable all EODS staff to serve veterans effectively. CONFIDENTIALITY OF RECORDS The State, by and through the Department of Labor and Employment, Division of Employment and Training, designates the Volunteer and any and all of its agents, servants and workers as "agents" of the Colorado Division of Employment for purposes of confidentiality pursuant to Section 8-72-107 CRS 1973. Except for releasing information for the purpose of conducting normal placement and counseling activities, all other requests must be cleared through the local office manager. Section 8-72-107 CRS 1973 states in part that information obtained from any individual pursuant to the administration of the department shall be held confidential . The restriction states that the information shall not be given "in any manner revealing the individual 's or employing units "identity. " This section provides fines and imprisonment for violation of its provisions . iv GRATUITIES AND CREDIT FOR PLACEMENT POLICY STATEMENT The purpose of this statement is to reiterate the written policy of the Division of Employment and Training with respect to accurate reporting of placement and the prohibition against accepting any gratuity or favor for making a placement. An accurate tabulation must be made of placements. Any misrepresentation as to the number of placements--either a failure to properly take credit or to take credit for a placement not made--is not acceptable. People will make honest mistakes, but a mistake cannot be condoned with regard to the Division proper recording ionofE of a mploymentand Trai t ning to immediately terminate has always been the pany cemployee who takes credit for placements not actually made. There are no exceptions to this policy. Under no condition is any employee to accept payment, a gratuity, or favor for making a placement. Any violation of this policy will also result in the termination of the services of the employee violating the policy. If anyone, at any time, suggests that you in any manner make other than an accurate record of placements, this fact should be immediately reported by you to the Personnel Unit. iii CODE OF ETHICS FOR COLORADO STATE GOVERNMENT SERVICE Established by Executive Order, September 1966 Reaffirmed by Richard D. Lamm, Governor of the State of Colorado, July 1975. The purpose of this code is to establish a clear standard of ethics for officers and employees in the Executive Branch of government in order to assure public confidence in the integrity of the government of the State of Colorado. EACH PERSON IN THE EXECUTIVE BRANCH OF GOVERNMENT SHALL: 1 . Maintain independence and impartiality and refuse to accept any compensation or gift which might result in the preferential treatment of persons, businesses, or organizations. 2. Avoid any private business relationship or ownership that might conflict with public duties. 3. Be conscious of his influence in state government and avoid any personal interest in business transactions in that area. 4. Be careful not to use state time, property, equipment or supplies for private interest. 5. Never disclose, use or allow others to use confidential information acquired by virtue of state employment for private interest. 6. Seek to find any employ the most efficient and economical ways of performing his duties for the State of Colorado. 7. Carry out his duty as a public servant by exposing corruption in government wherever discovered. 8. Be conscious that his personal conduct reflects on the integrity of state government and take care not to betray that confidence by any conduct which might have an adverse effect on it. ii EXIBIT II MEMORANDUM FOR CERTIFICATION OF COMPLIANCE WITH STATE OF COLORADO EMPLOYMENT POLICIES Attached hereto are the following materials related to standards, rules and guidelines for those persons who are volunteers in employment or agents of the Colorado Division of Employment. 1 . Code of Ethics 2. Gratuity and Credit for Placement Policy 3. Confidentiality of Records Policy Please make yourself thoroughly familiar with the contents of each document prior to certifying your understanding of each portion, its intent and the penalities for non-compliance. Your signature constitutes an understanding and agreement to abide by the stated policies. Signed: Date: i Hello