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HomeMy WebLinkAbout890588.tiff mEmoRAnDum C.W. Kirby, Chairman To Board of County Commissioners Date July 12 , 1989 COLORADO From Walter J. Speckman , Executive Director, Human Resources 7,./K1(2674.- Subject Purchase of Services Agreement Between Employment Services of Weld County and the Greeley Area Chamber of Commerce Enclosed for Board approval is a Purchase of Services Agreemert between the Greeley Area Chamber of Commerce and Employment Services of Weld County. The Agreement outlines services to be provided by the Chamber to small business owners of Weld County. Employment Services will reimburse the Chamber $1 ,000 per counseling session, not to exceed $10,000, and $2,000 per management ass'stance activity, not to exceed $20,000. The term of this agreement will be for the period of July 1 , 19F9 through June 30, 1990. if you have any questions, telephone me at 353-3816. 89( 5-88 J PURCHASE OF SERVICES AGREEMENT BETWEEN GREELEY AREA CHAMBER OF COMMERCE AND EMPLOYMENT SERVICES OF WELD COUNTY THIS AGREEMENT, made and entered into this 12th day of July , 1989, by and between the Board of County Commissioners of Weld County, by and on behalf of the Department of Human Resources ' Employment Services of Weld County, hereinafter referred to as "Employment Services ," and the Greeley Area Chamber of Commerce, hereinafter referred to as "Chamber." WITNESSETH: WHEREAS, Employment Services offers employment and training services to employers and to unemployed, underemployed, ano economically-disadvantaged youth and adults of Weld County, and WHEREAS, national statistics show that three (3) out of .=iv-e (5) small businesses cease to exist after three (3) years of operation, and WHEREAS, Employment Services wishes to expand its retraining services through a service agreement on behalf of Weld County small business owners who are in danger of losing their business , and WHEREAS, Employment Services receives funding and authority from the Job Training Partnership Act's Economic Dislocation and Worker Adjustment Act, and other related funding sources to purchase services for retraining activities to enable small business owners to remain in business, and WHEREAS, the Chamber has expertise in conducting retraining activities for small business owners to identify business problems and determine a process of positive intervention through the Chamber' s Small Business Program. WHEREAS, the Chamber of Commerce wishes to positively intervene on behalf of Weld County business owners who are in need of extensive services by establishing an agressive goal of 70ti positive retention rate for business. NOW, THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term: This Agreement shall remain in effect for a period beginning July 1 , 1989, and ending June 30, 1990, subject to the availability of funding. This Agreement will be reviewed annually. or as needed. 890588 Purchase of Services Agreement Between the GrL ey Area Chamber of Commerce and Employment Services Page Two 2. Chamber: The following roles and responsibilities shall be assigned to the Chamber in the implementation of this Agreement: a. Identify and recruit small business owners who maintain' employee(s) and are in danger of going out of business. b. Provide preliminary counseling sessions and related activities to ten (10) small business owners who are in need of minimal intervention services. The cost of services will be $1 ,000 per counseling session and related activity, not to exceed $10,000. c. Develop a business intervention plan with a minimum of 10 small business owners. The plan will identify business problems ar:d determine a process of positive intervention through the Chamber's Small Business Program. The Chamber activities will consist of management education, management assistance information, and networking opportunities, for a total reimbursement not to exceed $20,000, or $2,000 per business intervention plan and related activity. d. Provide appropriate documentation, pursuant to procedures and 'orms requested by Employment Services, to obtain reimbursement For services. The Chamber will submit a bill to Employment Services at the completion of service. The bill will clearly itemize the service performed and will be accompanied by the documentation required. e. Meet service goals , described as follows: 1) Provide services to a total of 20 small business owners. Ten (10) will be provided preliminary services, and ten (10) will be provided business intervention plans and related activity. (2) Provide for 70% positive termination rate for these small business owners. (Positive termination rate is defined as those owners who remain in business for a period up to and including June 30, 1990, and those who are expanding their business. ) (3) Provide for a 30% negative termination. (Termination rate is defined as those owners whose business fails prior tc, and including June 30, 1990) . 3. Employment Services: The following role and responsibility shall be assigned to Employment Services in the implementation of this Agreement: a. Provide funding, not to exceed $30,000, for recruitment of small business owners and for the development and implementation of business intervention plans on behalf of Employment Services. 890588 Purchase of Ser ices Agreement Between the Grt. ,ey Area Chamber of Commerce and Employment Services Page Three b. Observe confidential requirements when releasing names of participating business owners or their associate businesses to the general public. 4. Modification of Agreement: All modifications to this agreement shall be in writing and signed by both parties. In particular, service goals will be reviewed quarterly. 5. Assignment: This Agreement shall be binding upon the parties hereto, their successors , heirs , legal representatives, and assigns. The Chamber may not assign any of its rights or obligations hereunder without the prior written consent of Employment Services. 6. Applicable Law: The Chamber agrees to follow policies and procedures of Employmert. Services as construed in accordance with the Job Training Partnership Act, Weld County Home Rule Charter, Economic Dislocation and Worker Adjustment Act regulations, and other applicable laws and regulations. 7. Assurances: a. The Chamber agrees that it is an independent contractor and that its officers and employees do not become employees of Weld County, and therefore they are not entitled to any' employee benefits as Weld County employees, as the result of the execution of this Agreement. b. Weld County, The Board of County Commissioners of Weld County, its officers and employees , shall not be held liable for injuries or damages caused by any negligent acts or omissions of the Chamber or its employees , volunteers, or agents while performing the Chamber's duties as described in this Agreement. The Chamber shall indemnify, defend, and hold harmless Weld County, the Board of County Commissioners of Weld County, its officers and employees, for any loss occasioned as a result of the performance of this Agreement by the Chamber, its employees , volunteers, and agents. The Chamber shall provide workers ' compensation insurance for all employees of the Chamber engaged in the performance of this Agreement, as required by the Colorado Workers ' Compensation Act. No officer, member, or employee of Weld County and no member of their governing bodies shall have any pecuniary interest, direct, or indirect, in the approved Agreement or the proceeds thereof. c. The Chamber shall indemnify, defend , and hold harmless Weld County, the Board of County Commissioners of Weld County, its officers and employees , for any sanctions or liability incurred as a result of the Chamber's nonadherence to the Immigration Reform and Control Act. 896688 Purchase of Ser 'ces Agreement Between the Grt .ey Area Chamber of Commerce and Employment Services Page Four d. The Chamber understands that monitoring and evaluation of the performance of this Agreement shall be conducted by the Department of Human Resources and the results provided to the Weld County Private Industry Council and the Board of County Commissioners of Weld County. e. The Chamber assures that it will comply with Title VI of the Civil Rights Act of 1986 and that no person shall , on the grounds of race, creed, color, religion sex, handicap, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under the approved agreement. 8. Termination: This Agreement may be terminated by either party giving a thirty (30) day written notice to the other party. If funding to Employment Services should cease, this Agreement will be terminated immediately. If Employment Services funding should be reduced, this Agreement will he renegotiated immediately to reflect funding changes. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day, month, and year first above written. THE BOARD OF COUNTY COMMISSIONERS GREELEY AREA CHAMBER OF OF WELD COUNTY, COLORADO COMMERCE C. W. -Kirby,/ChairmD L-- airman Executive Vice-President Approved by: {� `� ` ATTEST:'/77 M.l?aril L".3 Ken eth Nickerson, Chairman Weld Count Clerk and Recorder Weld County Private Industry Council and Clerk to the J*oard / / _�_ Duty County Cl Wafter J. Speckman, Executive Director Weld County Department of Human Resources 890588 Hello