HomeMy WebLinkAbout890364.tiff MEMORAnDU
C. W. Kirby, Chairman
To Board of County Commissioners April 24, 1989
Date
COLORADO From Walter J. Speckman , Executive Director, Human Resources 4,c)cy5./ .
Subject: FY '88-89 Contract Between the Department of Labor & Employment
and Employment Services of Weld County
Enclosed for Board review is the contract with Colorado Department of
Labor and Employment.
1. The term is for the current Program Year, which began October 1,
1988 through June 30, 1989.
2. The contract amount is $166,401
3. The overall minimum performance standards shall be 2,175 individuals
placed - 15.85% of that total must be veterans, and 2,925 placement
transactions.
If you have any questions, please telephone me at 353-3816.
,A, 890364
•
Department or Agency *to. 300200
Contract Routing Ni —33 : Weld County JSC Services,; 88-89
This is a legal document, if not understood, legal counsel should be consulted before
signing.
CONTRACT
THIS CONTRACT, is made this 30th day of September, 1988, by and between:
THE COMMISSIONERS OF THE STATE OF COLORADO
WELD COUNTY Department of Labor and Employment
1516 Hospital Road and 600 Grant Street
Greeley, CO 80632 Denver, CO 80203-3528
(Contractor) (State)
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated
and otherwise made available and a sufficient unencumbered balance thereof remains
available for payment in Fund Number 1001, G/L Account Number 50576, Contract
Encumbrance Number C830030;
WHEREAS, required approval, clearance and coordination has been accomplished from
and with appropriate agencies; and
WHEREAS, it is the intent of the parties in entering into this Contract to provide
training and employment opportunities to the unemployed, underemployed,
economically disadvantaged adults and youth, and other individuals facing serious
barriers to employment, those seeking work, and to increase the earned income of the
economically disadvantaged under a single delivery system; and
WHEREAS, it is the intent of the parties in entering into this Contract to maintain the
name "Employment Services of Weld County" as the program name of the single
delivery system.
WHEREAS, funds expended by the State pursuant to this contract shall be attributed
to Org. Unit 01 72 000, Account Number 10205.
NOW THEREFORE, the parties hereto agree to the following promises, mutual
covenants and obligations herein contained.
1. Definitions: "Applicant" — means any individual applying for or receiving
benefits under programs covered by this Contract.
2. TERM: This contract shall be effective on October 1, 1988 through June 30,
— - 1989.
3. Job Service Center Functions: The Contractor shall provide labor exchange
services, perform UI work tests, and provide labor market information. More
specifically, the Contractor shall:
2807F Page 1 of 14 Pages 890364
• Contract Routing Nr .;8-33 : Weld County JSC Services,( 88-89
(A) Placement Services: Manage and provide job placement services to
applicants including but not limited to the following functions: 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. The Contractor shall make all
job orders available to qualified Disabled Veterans and other qualified veterans before
other applicants are considered for referral.
(1 ) Performance Goals: The overall minimum performance standard
for the Job Service Program shall be 2,175 individuals placed and the overall
minimum placement transaction goal shall be 2,925 during the term of this
Contract. Of the number of individuals placed, at least 15.85% must be
veterans. Of the veteran applicants, 20.04% of the vietnam era, and
29.18% of the disabled veterans must be placed.
(2)'' Unemployment Insurance Recipients (UI Claimants): The
Contractor shall:
(a) Urge employers to hire UI claimants, thereby reducing the
cost of UI; and
(b) Conduct a State approved UI claimant work search program
which shall include, but is not limited to, job search workshops, intensive
client follow—up procedures, and the integration of employment and
unemployment insurance services.
(B) Counseling Services: The Contractor shall provide counseling services to
assist applicants with problems in vocational choice, change, or adjustment to include
development of individualized Employability Development Plans.
(C) Testing Services: The Contractor shall provide testing services to
applicants to obtain information on aptitudes and skills, as an aid in counseling, and in
the selection of applicants for jobs.
— (D) Referral Services: The Contractor shall refer applicants, where
appropriate, to other agencies for vocational rehabilitation, health care, financial aid,
child care and other supportive services, or other employment and training services.
(E) Special Services: The Contractor shall provide the following special
services to applicants 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 regulation's; and other services as prescribed or directed by
the State.
2807F Page 2 of 14 Pages
890364
Contract Routing N( 8-33 : Weld County JSC Services,( 88-89
(F) Services to comply with the Immigration Reform and Control Act of
1986: The Contractor shall perform Employment Eligibility Verification forms (I-9)
shall be completed for each applicant referred to a current job opening. Following
notification of a hire, an Employment Eligibility Certificate shall be mailed to the
employer by close of business on the date of notification. The Contractor shall not do
retroactive verification for any employer. With the addition of this service to
employers, the Contractor assumes the responsibility and liability for the employer,
including penalties and sanctions.
(G) The Contractor shall track information necessary to update the State's
END/ODDS files and shall update these files with relation to the Contractor's
activities by providing a magnetic tape formatted to the State's specifications on a
bi—monthly basis.
4. Veterans: In addition to the Job Service Center functions and pursuant to, and
in compliance with Title 38, United States Code (USC) and 20 CFR Part 652-123, the
Contractor shall:
(A) Provide, at the Contractor's own expense, a full—time Local Veterans
Employment Representative who shall be fully devoted to discharging the duties
associated with Local Veterans Employment programs as indentified in 38 USC 2003(c)
and Federal Public Law 100-323. The Contractor shall cooperate with State and
Federal staff regarding veterans performance standards, monitoring, and evaluation.
(B) Engage in job development and job advancement activities for veterans
and other eligible persons, including maximum coordination with appropriate officials
of the Veterans' Administration (VA) 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.
(C) Promote the interest of employers and labor unions in employing veterans
and other eligible persons, and in conducting on-the-job training and apprenticeship
programs for such veterans and persons.
(D) Maintain regular contact with employers, labor unions, training programs
and veterans' organizations with a view of keeping them advised of veterans and other
eligible persons available for employment and training and keeping eligible veterans
and eligible persons advised of opportunities for employment and training.
(E) Promote and facilitate the participation of veterans in federal and
federally-funded employment and training programs to ensure that veterans, veterans
of the Vietnam era, disabled veterans, and other eligible persons receive such priority
or other special consideration in the provision of services as is required by law or
regulation.
(F) Assist in every possible way in improving working conditions and the
advancement of employment of veterans and other eligible persons.
(G) Actively satisfy the requirements and legislative intent of section 2012,
Chapter 42, Title 38 USC, especially the section's requirements for listing jobs and
subsequent referrals of qualified veterans.
2807F Page 3 of 14 Pages
890364
Contract Routing Ni •33 : Weld County JSC Services,(" 8-89
• (H) Be responsible for ensuring that complaints of discrimination filed under
section 2012, are resolved in a timely fashion at the local level or elevated to the
appropriate State Area Manager.
(I) Work closely with appropriate VA personnel engaged to provide 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.
(J) Cooperate with the State's 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.
(K) Assist a private employer or other employer in identifying and acquiring
prosthetic and sensory aids and devices which tend to enhance the employment of
disabled veterans for referred veteran applicants.
(L) Provide, upon request by State, any facts or information needed to
monitor the Contractor's Veterans Program or veteran complaints.
(M) Request, as necessary, technical guidance and assistance from State
Veterans Coordinator to improve and expand the Contractor's Veterans Program.
5. Targeted Jobs Tax Credit: The Contractor shall perform Eligibility
Determination Interviews, consisting of the preparation of the Applicant
Characteristics and Voucher forms. These forms shall be sent to: Greeley UI Support
Office, P.O. BOX 1226, Greeley, CO 80631, for verification and completion of
employer certification.
6. Housing Inspections: Contractor shall provide six (6) housing inspections
pursuant to 20 CFR Part 654 and Occupational Safety and Health (OSHA) Regulation
1910.142.
7. Migrant and Seasonal Farm Workers: The Contractor shall meet all current
Migrant and Seasonal Farm Worker's Equity and Minimum Service Level indicators and
comply with 20 CFR, parts 651, 652 and 653.
8. Job Training Partnership Act (JTPA): Contractor shall coordinate all of its
services performed pursuant to this contract with the State's other JOB SERVICE
— - CENTERS, VOCATIONAL REHABILITATION, SOCIAL SERVICE, and educational
agencies. Emphasis shall be placed on a public and private partnership as well as a
state and local one.
9. Special Conditions: In performing all services pursuant to this contract, the
Contractor shall:
(A) Comply with the Wagner—Peyser Act, as amended, and applicable rules
and regulations.
(B) Promote and develop employment opportunities for handicapped persons
and provide job counseling and placement to handicapped persons described above.
2807F Page 4 of 14 Pages •
89G364
Contract Routing N4 33 : Weld County JSC Services,/ 88-89
• (C) Designate at least one person whose duties shall include providing
services/activities for handicapped persons described above.
(D) Cooperate with the Division of Rehabilitation of the Colorado
Department of Social Services in providing services activities to handicapped persons
under the State plan.
•
(E) Comply with 41 CFR, 60-3 29 CFR 1627 and CFR 32 in conducting
Employment Testing programs.
(F) Provide priority services to Veterans and other eligible persons as
required by Federal laws and regulations including 20 CFR 652-123, Title 38 USC and
Public Law 100-323. Such services shall be coordinated with the LVER and DVOP
programs.
(G) Observe the Governor's coordination criteria in program operations. Such
operations shall be coordinated through written non—financial agreements with the
Division of Rehabilitation, State Board for Community Colleges and Occupational
Education, the Department of Social Services and other State and local agencies as
appropriate.
11. 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 Contractor's to the extent
resources permit as follows:
(A) 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.
(B) Continuous review and enforcement, if needed, to ensure the proper use
of open order listings in the referral procedures.
(C) 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 Contractor's.
12. Alien Immigration: The Contractor shall forward all inquiries related to
— - Non—Agricultural Alien Labor Certifications to: State Immegration Program
Coordinator, 600 Grant Street, Suite 900, Denver, CO 80203-3528.
13. Forms and Mail
(A) State shall provide to Contractor all forms necessary for the Contractor
to provide Job Service Center Functions under the Wagner-Peyser Act of 1933.
(B) State shall arrange for.delivery of interagency mail or the indicia for Job
Service Center mailings, microfiche, etc., to Contractor, as needed.
(C) Contractor shall compensate State for actual costs incurred in an amount
not to exceed Three Thousand, Four Hundred Thirty and 00/100 Dollars ($3,430.00).
2807F Page 5 of 14 Pages
89(5364
Contract Routing Nc 8-33 : Weld County JSC Services 88-89
14. Program Funding: In return for the services of the Contractor as described in
this Contract, State shall compensate Contractor as follows:All services except for Veterans and Housing Inspection $165,021.00 0/�4 /
Housing Inspection (6 inspections at $230.00 each) 1,380.00 i
The Contractor shall submit monthly expenditure statements itemizing costs incurred
by type and amount, on forms prescribed by the State. In no event shall the
Contractor's total compensation under this Contract exceed One Hundred Sixty—six
Thousand, Four Hundred, one and 00/100 Dollars ($166,401.00).
(1) The Contractor acknowledges that it shall be solely responsible for any
and all costs associated in providing specified veterans services. Under no
circumstances shall any of the above funding be use to pay for such expenses.
15. 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 to all such property shall remain with the
State.
(A) The State and Contractor shall continue to maintain during the term of
this Contract a complete inventory of the equipment which is covered by this
Contract. A signed document listing the inventory and receipt of such equipment shall
be retained by the State and the Contractor. The Contractor shall be responsible for
any loss of state property, and damage beyond ordinary wear and tear.
(B) The Contractor shall not loan or otherwise permit the use of the
equipment to parties outside of the Contractor's Program.
(C) In addition, the Contractor may retain, and if retained, shall maintain, the
current state-owned copy machine as a back-up.
(D) The Contractor shall maintain sufficient insurance on all of the State's
equipment in the possession of the Contractor. Such insurance shall reimburse the
State for replacement value costs in the case of loss or damage due to theft or
casualty.
16. GENERAL PROVISIONS
(A) LEGAL AUTHORITY: The Contractor warrants that it possesses the legal
authority to enter into this Contract. The person or persons signing this Contract on
behalf of the Contractor also warrants that they have full authorization to execute
this contract.
(B) FEDERAL FUNDING: Payment pursuant to this Contract, if in Federal
funds, whether in whole or in part, is subject to and contingent upon the continuing
availability of the federal funds for the purposes hereof. In the event that said funds,
or any part thereof, become unavailable as determined by the State, the State may
immediately terminate this Contract.
2807F Page 6 of 14 Pages
890364
Contract Routing Ni '8-33 : Weld County JSC Services ' 88-89
(C) PARTIES' RELATIONSHIP: The parties of this Contract intend that the
relationship between them contemplated by this Contract is that of
• employer—independent contractor. No employee, agent, or servant of Contractor shall
be or shall be deemed to be an employee, agent, or servant of the State.
(D) COMPENSATION: (1) The State shall establish billing procedures and
reimburse the Contractor for actual, reasonable and necessary expenses incurred in
providing services pursuant to this Contract, based on the submission of monthly
itemized expenditure statements.
(2) Payments pursuant to this Contract shall be made as earned, in
whole or in part, from available State funds encumbered for the purchase of the
described services. The liability of the State, at any time, for such payments shall be
limited to the amount of such encumbered funds remaining.
(3) In the event this Contract is terminated, final payment to the
Contractor may be withheld at the discretion of the State until the State tenders final
acceptance of the Contractor's performance or completion of a final audit by the
State.
(4) Incorrect payments to the Contractor due to omission, error, fraud,
or defalcation shall be recovered from the Contractor either by the Contractor
reimbursing the State or by deduction from subsequent payments under this Contract
or other contracts between the State and the Contractor, or by the State as a debt due
to the State.
(E) CONFIDENTIALITY OF RECORDS: (I) In the event the Contractor
shall obtain access to any records or files of the State in connection with, or during
the performance of, this Contract, the Contractor shall keep such records and
information confidential and shall comply with all laws and regulations concerning the
confidentiality of such records to the same extent as such laws and regulations apply
to the State.
(2) If the contract is subject to the Colorado Employment Security Act
(CESA), then the Contractor shall be considered an agent of the State only for the
purposes of the confidentiality requirements of CESA, and agrees to be bound by all
confidentiality requirements of CESA.
(3) Contractor agrees to notify and advise in writing, all employees,
— - agents, consultants, licensees, or sub-contractors of the said requirements of
confidentiality and of possible penalties and fines imposed by violation thereof, and
secure from each an acknowledgment of such advisement and agreement to be bound
by the terms of this agreement as an employee, agent, consultant, licensee or
sub-contractor of the Contractor, as the case may be.
(4) Any breach of confidentiality by the Contractor or third party
agents of the Contractor shall constitute good cause for the State to cancel this
Contract, without liability; any and all information delivered to the Contractor shall
be returned to the State.
(5) Any State waiver of an alleged breach of confidentiality by the
Contractor or third party agents of the Contractor is not to imply a waiver of any
subsequent breach.
2807F Page 7 of 14 Pages
890364
Contract Routing Nc °` 33 : Weld County JSC Services,/ " ',-89
(F) OWNERSHIP OF MATERIALS AND INFORMATION: Unless otherwise
provided, the Contractor agrees that all material, information, data, computer
software, documentation, studies, and evaluations produced in the performance of this
Contract is the sole property of the State.
(G) REPORTING: The Contractor shall submit a written program report
specifying progress made for each activity identified in the Contractor's duties and
obligations, regarding the performance of the Contract. Such written analysis shall be
in accordance with the procedures developed and prescribed by the State. The
preparation of reports in a timely manner shall be the responsibility of the Contractor
and failure to comply may result in delay of payment of funds or termination of the
Contract. The Contractor shall provide the State at least the following reports on a
monthly basis unless otherwise specified: Report on Veteran's Activity; Job Service
Center Self Appraisals (Quarterly); Interstate Job Bank Order Listing; Form 145 —
Rural Manpower Bulletin Report; ETA-223 — In-Season Farm Labor Report; ETA
5148 D, Part One - Services to Migrant and Seasonal Farm workers, Part Two -
Agricultural Clearance Order Activity and Field Check Report (Quarterly); Summary
of Outreach Activity for Migrant Seasonal Farm Workers; ETA 338 - Housing
Inspection; a copy of the Contractor's report to the Weld County Private Industry
Council; and, the Contractor's compilation of placements per staff year worked and
placement transactions per staff year worked (annually).
(H) RECORDS: (1) The Contractor shall maintain a complete file of all
records, documents, communications, and other materials which pertain to the
operation of programs or the delivery of services under this Contract. Such materials
shall be sufficient to properly reflect all direct and indirect costs of labor, materials,
equipment, supplies, and services, and other costs of whatever nature for which a
contract payment was made. These records shall be maintained according to generally
accepted accounting principles and shall be easily separable from other Contractor
records.
(2) All such records, documents, communications, and other materials
shall be the property of the State and shall be maintained by the Contractor, in a
central location and custodian, on behalf of the State, for a period of three (3) years
from the date of final payment under this Contract, or for such further period as may
be necessary to resolve any matters pending (including audits performed by the federal
government).
(I) PERFORMANCE MONITORING: (1) Contractor shall permit the State,
— - the U.S. Department or,Labor, or any other duly authorized agent or governmental
agency, to monitor all activities conducted by the Contractor pursuant to the terms of
this Contract. Such monitoring may consist of internal evaluation procedures,
examination of program data, special analyses, on-site checking, formal audit
examinations, or any other reasonable procedures. All such monitoring shall be
performed in a manner that shall not unduly interfere with contract work.
(2) The Contractor authorizes the State to perform audits or
inspections of its records at any reasonable time during the term of this Contract and
for a period of three (3) years following the termination of this Contract.
2807F Page 8 of 14 Pages
890364
Contract Routing Nc ? 13 : Weld County JSC Services,/ :-89
(J) REMEDIES: In addition to other specified remedial actions, the Executive
Director of the State or his designee may exercise the following remedial actions
should he find the Contractor substantially failed to satisfy or perform the duties and
obligations in this Contract. Substantial failure to satisfy the duties and obligations
shall be defined to mean insufficient, incorrect, improper activities or inaction by
Contractor. These remedial actions are as follows:
(1) Withhold payment to Contractor until the necessary services or
corrections in performance are satisfactorily completed;
(2) Request the removal from work on the Contract of employee of
Contractor whom the Executive Director or designee justifies as being incompetent,
careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued
employment on the contract he deems to be contrary to the public interest or not in
the best interest of the State;
(3) Deny payment for those services or obligations which have not
been performed and which due to circumstances caused by Contractor cannot be
performed or if performed would be of no value to the State. Denial of the amount of
payment must be reasonably related to the amount of work or performance lost to the
State; or
(4) Terminate the Contract immediately without the required notice
and without compensation for termination costs.
(K) NON—ASSIGNABILITY: Unless otherwise provided, the duties and
obligations of the Contractor cannot be assigned, delegated, nor subcontracted except
with the express written consent of the State. Subcontracts permitted by the State
shall be subject to the requirements of this Contract, and the contractor is responsible
for the performance of any subcontract. In addition, except as otherwise provided,
this Contract shall inure to the benefit of and be binding upon the parties hereto and
their respective successors and assigns.
(L) LITIGATION: Unless otherwise provided, the Contractor shall notify the
State, within five (5) days after being served with a summons, complaint, or other
pleading in a case which involves services provided under this contract and which has
been filed in any Federal or State court or administrative agency, and shall deliver
copies of such document to the State.
(M) TERMINATION: Unless otherwise provided, either party shall have the
right to terminate this Contract by giving the other party thirty (30) days notice by
certified or registered mail, return receipt requested. If notice is so given, this
Contract shall terminate on the expiration of the thirty days, and the liability of the
parties hereunder for further performance of the terms of this Contract shall
thereupon cease, but the parties shall not be released from the duty to perform their
obligations up to the date of termination.
(N) 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 this Contract are severable, and should any term or
provision hereof be declared invalid or become inoperative for any reason, 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 a waiver of any
other term, or the same term upon subsequent breach.
2807F Page 9 of 14 Pages -
890364
Contract Routing Nc '8-33 : Weld County JSC Services,( ' 88-89
(O) ENTIRE UNDERSTANDING: This Contract is intended as the complete
integration of all understandings between the parties. No prior or contemporaneous
addition, deletion, or other amendment hereto shall have any force or effect
whatsoever, unless embodied herein in writing. No subsequent novation, 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.
(P) NOTICE PROCEDURE: All notices required and permitted pursuant to
this Contract shall be in writing and shall be deemed given when personally served or
three (3) days after deposit in the United States Mail, postage prepaid, registered or
certified, return receipt requested, and addressed to the following parties or to such
other address as has been designated by a notice complying with the foregoing
requirements.
CONTRACTOR: STATE:
Mr. Don Armstrong, Controller
Department of Labor and Employment
600 Grant Street, # 800
Denver, CO 80203-3528
CONTROLLER'S APPROVAL
(Q) This Contract shall not be deemed valid until it shall have been approved
by the Controller of the State of Colorado or such assistant as he may designate.
FUND AVAILABILITY
(R) Financial obligations of the State payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise
made available.
BOND REQUIREMENT
(S) If this contract involves the payment of more than fifty thousand dollars
for the construction, erection, repair, maintenance, 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, provender or other
supplies used or consumed by such Contractor or his subcontractor in performance 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 interest at the rate of eight per
cent per annum. Unless such bond, when so required, is executed, delivered and filed,
no claim 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 the State of Colorado may be accepted in lieu of a bond. This provision is
in compliance with 38-26-106 CRS, as amended.
2807F Page 10 of 14 Pages
89:1364
Contract Routing Nc '-33 : Weld County JSC Services,( 88—89
INDEMNIFICATION
(T). To the extent authorized by law, the Contractor shall indemnify, save and
hold harmless the State, its employees and agents, against any and all claims,
damages, liability and court awards including costs, expenses, and attorney fees
incurred as a result of any act or omission by the Contractor, or its employees, agents,
subcontractors, or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
(U) 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, during the performance
of this contract, the contractor agrees as follows:
(1) The Contractor will not discriminate against any 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 advertising; 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 non-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 commitment 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, dated
April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant
thereto, and will permit access to his books, records, and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to
ascertain compliance with such rules, regulations and orders.
2807F Page 11 of 14 Pages
890364
Contract Routing Nc 33 : Weld County JSC Services,( ;—89
(5) 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 members in the full enjoyment of work opportunity, because of race, creed, color,
sex, national 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 be
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.
(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, dated 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, dated 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, sub-paragraphs (1)
through (7), in every sub-contract and subcontractor purchase order unless exempted
by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity
and Affirmative Action, dated April 16, 1975, so that such provisions will be binding
upon each subcontractor 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,
litigation 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.
(V) COLORADO LABOR PREFERENCE
(1) 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.
(2) When a construction contract for a public project is to be awarded
to a bidder, a resident bidder shall be allowed a preference against a non-resident
bidder from a state or foreign country equal to the preference given or required by the
state or foreign country in which the non-resident bidder is a resident. If it is
determined by the officer responsible for awarding the bid that compliance with this
subsection may cause denial of federal funds which would otherwise be available or
would otherwise be inconsistent with requirements of federal law, this subsection shall
be suspended, but only to the extent necessary to prevent denial of the moneys or to
eliminate the inconsistency with federal requirements (section 8-19-101 and 102 CRS).
2807F Page 12 of 14 Pages •
890364
Contract Routing N< 4-33 : Weld County JSC Services,( 88-89
(W) The laws of the State of Colorado and rules and regulations issued
pursuant thereto shall be applied in the interpretation, 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 be 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.
(X) 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.
(Y) 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.
(Z) The signatories aver that to their knowledge, no state employee has a
personal or beneficial interest whatsoever in the service or property described herein.
2807F Page 13 of 14 Pages
890364
Contract Routing Nc 1 3 : Weld County JSC Services,( .-89
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the
day first above written.
' THE COMMISSIONERS OF STATE OF COLORADO
WELD COUNTY Roy Romer, Governor
By: 6co./..N.Q\lin-aLcia-i— By: .. �y1/y�/quneson ecuti Dir�ftor
Title: epartment of Labor and Employment
Chairman, Pro-Tern, Board of County
Commissioners
Federal Tax ID:
84-6000813
'Mri 4;
Attest (Seal ) sI r✓ ti.t4,>,.,tlecte,t; e,rno
e
By: /!//C•/
4` County Cligrk
APPROVALS:
ATTORNEY GENERAL DIVISION OF ACCOUNTS AND CONTROL:
By: By:
State Controller
VERIFIED INFORMATION COPY
The original and two copie o this contract
have been signed by all tate officials
requircd by lac pi v ontracts.
•
2807F Page 14 of 14 Pages
890364
Hello