HomeMy WebLinkAbout850903.tiff 44t6v
To Jackie Johnson, Chairman June 21, 1985
Date
Weld County Board of Commissioners
cow, From Walter J. Speckman, Executive Director, Human Resources
Sect: Contract Modification to the Job Service Contract for Y'84
ubj
Enclosed is a modification to the existing Job Service Contract for Py'84.
The modification is a result of a stipulation in the original contract that
stated:
"WHEREAS, when funding amounts become available for Fiscal Year
1985, a modification to this Contract will be prepared for the
non-ES portions of the Contract covering the period of October
1, 1984 through June 30, 1985."
This modification will enable Human Resources to be paid the dollars owed
them for providing for Housing Inspections and a Local Veteran Employment
Representative.
If you have any questions regarding the modification, please contact me.
950903
CONTRACT MODIFICATION I
THIS MODIFICATION, made this 24th day of June 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 thereof remains available for payment in Fund Number
G/L Account Number , Contract Encumbrance Number
; and
WHEREAS, required approval , clearan e, and coordination has been
accomplished from and with appropriate agencies; and
WHEREAS, the period of funding for the Employment Service Program
under the Wagner—Peyser Act, as amended, was changed effective July 1 , 1984
from Fiscal Year (FY) 1485 (October 1 , 1984 through September 30, 1985) to
Program Year (PY) 1984 (July 1 , 1984 through June 30,-1985) ; and
WHEREAS, sections of the original Contract Number 84-61 (effective
July 1 , 1984 through June 30, 1985) were funded under both Fiscal and Program
Years; and
WHEREAS, the original Contract, indicated that if additional funds
were granted for Fiscal Year 1985 (October 1 , 1984 through June 30, 1985) , a
modification would be prepared increasing allocations to the non—ES portions
of the Contract; and,
WHEREAS, notification of obligational authority allowing expenditures
' for Fiscal Year 1985, was not received until mid-November.
NOW THEREFORE, the parties do hereby ratify and confirm all actions
which have taken place prior to the date of this Contract and hereby agree
that the Contract dated July 1 , 1984, is hereby amended by adding the
appropriate paragraphs indicated below under the following sub-titles:
Alien Immigration, page 11 of 21 , VI, 8.
Beginning October 15, 1984, the Non-Agricultural Alien Labor
Certification Program, as set forth in the regulations at 20 CFR 621
and 20 CFR 656 has been centralized at the State Office. The State
Office will be responsible for processing Non—Agricultural Alien
Labor Certifications, and will respond to any related inquiries
concerning labor certifications.
Housing Inspection, page 11 of 21 , V:[ C.
•
Beginning October 1 , 1984 and ending June 30, 1985, the Contractor
will be reimbursed in the amount of Three Hundred Fifty-Eight dollars
($358.00) for each housing inspection, not to exceed One Thousand
Seventy-Four and No/100 dollars ($1 ,074.00) foh this nine month
period.
Local Veteran Employment Representative (LVER) , page 11 of 21 , VI 0.
• Beginning October 1 , 1984 and ending June 30, 1985, the Contractor
will be reimbursed in the amount of Twenty-One Thousand Four Hundred
Thirty-Four and No/100 dollars ($21 ,434.00) for this nine-month time
period.
Other than as herein amended or modified, the terms and conditions of
the original Contract remain in full force and effect.
The effective date of this Modification is October 1 , 1984.
Page 1 of 2
IN WITNESS WHEREOF, the parties hereto have executed this Modification on the
day first above written.
STATE OF COLORADO
• and . Lamm, Governor
CONTRACTS a'c'
cutive Director
Position CHAIRMAN, BOARD OF COMMISSIONE$gpartment of Labor and ployment
Social Security Number
APPROVALS
ATTORNEY m. . OODARD CONTROLLER
fi
eral Legal aces JAMES A. STROUP .
Slate D,dl*4Rgs Di-vision $
ATTEST: i' l 4zu, ta�tetrj
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
Y:.... 1hcc.¢)- _
yep ty County Clerk
. y
Page 2 of 2
n er •
CONTRACT
THIS CONTRACT, made th . 1st day of July , 1984, 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, " encl.-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, 29 U.S.C. 40
et seq; 5 U.S.C. 301 et seq; and
WHEREAS, the State has authority pursuant to 8-72-110(5) et seq
C.R.S. , 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
under the Wagner—Peyser Act, as amended, was changed effective July 1 , 1984
from Fiscal Year (FY) 1985 (October 1 , 1984 through September 30, 1985) to
Program Year (PY) 1984 (July 1 , 1984 through June 30, 1985) ; and
WHEREAS, programs other than the Employment Service Program will
continue to be funded under Fiscal Year 1984 ending September 30, 1984; and
WHEREAS, when funding amounts become available for Fiscal Year 1985,
a modification to this Contract will be prepared for the non—ES portions of
the Contract covering the period October 1 , 1984 through June 30, 1985; and
WHEREAS, sections of this Contract are funded under the Federal
Program Year (PY) and other sections are funded under the Federal Fiscal Year
(FY) it required more detailed computation of salaries and other aspects of
this Contract; and
WHEREAS, additional delays were encountered to assure that funding
would be available in both funding sources; and
Page 1 of 21
n
WHEREAS, this Contract involved numerous agencies and entities at
many locations .throughout the State causing a further delay in timely
completion; and
WHEREAS, this Contract was orally agreed on by and between the
parties prior to July 1 , 1984, the beginning date of the Contract; and
WHEREAS, the parties desire to now reduce their earlier understanding
to writing and to ratify and confirm retroactively actions taken pursuant to
their oral understanding; and
NOW THEREFORE, the parties do hereby ratify and confirm all actions which have
taken place prior to the date of this Contract and it is hereby agreed that:
I. Anent 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.
II . 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.
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 V. ,
A. , 7.
III. Definitions
A. JTPA
JTPA means the Job Training Partnership Act.
Page 2 of 21
i:W�'b
P1
DOL means the United States Department of Labor, including
its agencies and organizational units .
C. Em;loyment 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
Weld County, a recipient of financial assistance from the.
J,, , , ;, Governor:,.of the State of Colorado to administer Job
Training Partnership Act programs.
IV. 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 1984 shall be endeavored to be
met. All program requirements and compliance indicators will be
met as described in the following section . The overall
performance goal for the Job Service Program shall be 2,970
individuals placed during the term of this Contract.
V. Statement of Work and Goals
•
A. Principal Employment and Training Proarams
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 major goal of the Job Service is to provide labor
exchange services , perform the UI work test., and to
provide labor market information. The Job Service is
part of the national system created in 1933 with the
_ , . _enactment,of. the a,gnecTheeyse'r Act.
-
Basic services which the Job Service provides
applicants and employers are:
1 : - . lorc -lt,i,y7ra. Placement
The process of receiving job orders, classifying,
keywording, and recording information on employer
job requirements , job content and conditions of
employment; informing employers of availability of
applicants; evaluating qualifications of
Page 3 of 21
.
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 for
the Job Service Automated Data Reporting systems ;
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 .
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 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. Alien Immigration Certification
Pursunt,_tp1,,.and in compliance with, 20 CFR Part 656
the Contractor shall for each alien certification case:
a. Accept applications for alien certification;
b. determine prevailing wage for job;
c. write job order;
d . make referrals to job;
e. ensure employer compliance with 20 CFR Part 656;
f. monitor case for 30 days;
Page ,4 of 21
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g. forward case to State Clearance and Immigration
Office at end of 30 day period;
h. accept all cases returned by State Clearance and
Immigration Office which have been cited for
deficiencies and correct all such deficiencies .
4. Housing Inspections
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.
5. Veterans
Pursuant to, and in compliance with, Chapter 41 , Title
38, United States Code_ (USC) and 20 CFR Part 653 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;
(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—job
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—job training and
apprenticeship programs for such veterans and persons;
(5) Maintain regular contact with employers ,
labor unions , training programs and veterans '
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 regulation;
(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;
Page 5 of 21
r"1
(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 devises which tend to enhance the employment
of disabled veterans ;
(13) Provide, upon request by CDET State Veterans
Coordinator, CDET Disabled Veterans Outreach Program
(DVOP) 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;
(14) Request as necessary technical guidance and
assistance from CDET State Veterans Coordinator, CDET
DVOP Coordinator and/or CVETS to improve and 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 EODS to the State whenever
the minimum standards for veterans compliance are not
met.
Pursuant to Section 2004, Chapter 41 , 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.
6. 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 will be met in
Program Year ( PY) 1984, and that the Contractor will
comply with 20 CFR, parts 651 , 653 and 658.
7. 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 .
Page 6 of 21
ems ems
% .
8. 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 .
b. Mission
To function as the source agency vested 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
re'lations'-with' community agencies- and the
population to inform and to secure interaction and
cooperation.
s Operate''an integrated" d'el'i`very'system' in 'J
`m'' accordance with federal , state, and local
employment and training procedures , guidelines ,
and standards .
Page 7 of 21
r ems
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.
b. Mission
To meet the employment and training needs 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. ,
ii _M. i- -
Maintai,n a public relations program to make
employers aware of-all EODS services and how they
are beneficial , and to assure liaison 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) .
Page 8 of 21
04'1 t� 1
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 thosQ 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.
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, •.;ork 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 .
Page 9 of 21
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 .
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.
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r .1 P.)
VI . 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 the Federal Program Year (PY)
1984 and the State will reimburse the Contractor under the
terms and procedures' for the Job Service functions
described in the previous section in an amount not to
exceed One Hundred Ninety—Two Thousand , Four Hundred and
Three and 00/100 ($192,403.00) Dollars (refer to billing
procedures on page 13, H) . This figure was calculated at
the Job Service Center Employment Service average salary
multiplied by the position equivalent arrived at through
the allocation ftrmula. In addition, 15% non—personal
service (NPS) is included in the above amount.
B. Alien Immigration
This Program is funded under the Federal. Fiscal Year.
Available funding sources remaining in Fiscal Year 1984
will allow for the completion of one (1 ) Alien
Certification during the three—month period July 1 , 1984
through close of business September 30, 1984. The
Contractor will be reimbursed in the amount of Three
Hundred Forty—Five and 00/100 ($345.00) dollars for this
certification (refer to billing procedures on page 13,
H) . If additional funds are granted for Fiscal Year 1985,
a modification to this Contract will be written
authorizing an additional amount not to exceed Six Hundred
Ninety and 00/100 ($690.00) dollars computed at the rate
of $345.00 per each alien certification for the nine month
time period October 1 , 1984 through close of business June
30, 1985 .
The Contractor supports the concept of centralizing the
State operations for Alien Immigration. Alien Immigration
will be discontinued by the Contractor when and if the
State centralizes the operations for Alien Immigration.
C. Housing Inspection
Contractor will be reimbursed at the rate of $85.00 for
each housing unit inspected . The number of inspections
will not exceed 60 units and reimbursement will not exceed _
Five Thousand One Hundred and 00/100 ($5,100.00)—dollars .
The majority of all inspections will occur between March,
1985 and June 30, 1985.,
0. Local Veteran Emoloyment Representative ( LVER)
This specially funded program requires the allocation of
one full—time staff person to perform the duties specified
in Attachment I "LVER Duties . " Actual salary and overhead
costs for this position shall be reimbursed by the State
provided the Contractor submits written justification and
time charged, in an amount not to exceed Seven Thousand
One Hundred Forty—Five and 00/100 ($7,145 .00) dollars for
the three month time period July 1 , 1984 through close of
business September 30, 1984 , the end of Fiscal Year 1984,
(see billing procedures on page 13, H. ) . If additional
funds are granted for Fiscal Year 1985, a modification to
this contract will be written authorizing an additional
amount for this program not to exceed Twenty-one Thousand
Four Hundred Thirty-Four and 00/100 ($21 ,434.00) dollars
for the nine month time period, October 1 , 1984 through
close of business June 30, 1985.
The Contractor accepts the financial responsibility for
any audit exceptions related to LVER Program expenditures.
Page 11 of 21
• _. .._ ..•.. ..
eTh, tor*
i E. Xerox Machine
The State will provide a Xerox machine to the Contractor.
Contractor will provide for all maintenance costs and
supplies for the machine.
F. Overhead _'osts
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.
G. Total Costs and Reimbursement
In no event shall the Contractor' s total reimbursement for
costs under this Contract exceed Two Hundred•Twenty-Seven
Thousand One Hundred Seventeen and 00/100 ($227,117 .00)
dollars, nor shall the State be liable for any obligation
incurred after June 30, 1985.
VII . Contract Period
The term of this Contract is from July 1 , 1984 through June
30, 1985. No later than sixty (60) days prior to June 30,
1985, 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 , 1985
through June 30, 1986) .
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VIII . Contract Procedures
A. Geooranhic 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 EGOS shall '-
service only Weld County residents .
Those people who are not 1..Jeld County residents shall be
referred to the appropriate county delivery system for JTPA
services.
B. Planning Councils
The Private Industry Council (PIC) has been established as
mandated in Title I — Job Training Partnership, 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
1 Weld County Commissioners - - - -
Executive Director Human
Weld County Division _ _ Resources
of Human Resources Committee
PIC 1Veterans Committee Youth
AD HOC Committee
I
1 EODS Director !__ _ _ _ _ _ —? _ - - - _ _ _ i
Page 12 of 21 •
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C. ModificatioAt'
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 -tt 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 wor;<. a_nd 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 of the third
business day following the date of mailing.
Notices 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 _ _v
E. ODL 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 at 20 CFR Parts 601 , 621 , 655, and
at 26 CFR Part 8 and 56, the procedures for disallowed
expenditures and corrective actions outlined in the Rules
and Regulations, Parts 658.701 through 658.711 shall apply.
Page 13 of 21
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. Reports
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:
1 . TRA-3 v. ETA 5148 D Part One
ii . Form 145 vi . ETA 5148 D Part Three
iii . RA-104 vii . ETA-338 Housing Inspection
iv. MA-7-38 viii . 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 hard•::are/software compatibility) .
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 applications 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
Page 14 of 21
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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 FMC 74-4, and
shall provide: •
1 . Effective control a:!d 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.
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 EODS Director attempt to resolve
differences .
B. Executive Director, Weld County Division of Human
Resources , and CDET Assistant Director for Field Operations.
Page 15 of 21
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
EODS.
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 Groups)
iv. Veterans Preference
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 . Political Activities
ix. Lobbying Activities
x. Sectarian Activities
xi . Unionization or Anti—Unionization
xii . Maintenance of Effort
xiii . Theft from Embezzlement
xiv." Procedures for Prevention
The Contractor shall , during the period this Agreement is
in effect, provide insurance coverage or maintain reserves
for self-insurance purposes pursuant to 24-10-115 et seq,
C.R.S. covering all actions of the Contractor in the
operation of the program established pursuant to the terms
of this Agreement, for which the Contractor could become
liable under Colorado Governmental Immunity Act, 24-10-101 ,
et seq C.R.S.
Page 16 of 21
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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
8-82-107 et set, C.R.S. The Contractor, its agents ,
servants, and ti:iployees shall comply with respect to
records and information obtained from the State 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 ( 50
U.S.C. , Page 453) as delineated in 20 CFR Section 629 .1 .
XIV. Special Conditions
A. As a condition of receiving funds under the Wagner-Peyser
Act, as amended, the Contractor will :
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.
3. Designate at least one person whose duties will include
providing services/activities for handicapped persons.
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 the principles in 41 CFR Part 29-70 and 41
CFR 1-15-7, except as may be waived by the State
consistent with Section 652.8 (d) of the Wagner-Peyser
regulations , dated November 2, 1983, for costs incurred
• under the State Plan, as approved by the State.
6.. Comply with the non-discrimination and equal
opportunity requirements and procedures, including
complaint processing and compliance reviews, as
provided by 29 CFR 31 and 32.
Page 17 of 21
7. Not exclude any individual from participating in, deny
a
benefits of , subject to discrimination under, or deny
employment in the administration of or in connection
with , any services of activities authorized under the
Act because of age, race, sex, color, religion,
national origin, handicap, political affiliation or
belief. All complaints alleging discrimination shall
be filed and processed according to procedures in 29
CFR 31 .
8. Ensure that all job order activities and services will
comply with the provisions and affirmative action in 29
CFR 1604, 1605, 1608, and 1627; and
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9. Comply with 41 CFR, 60-3 29 CFR 1627 and 29 CFR 32 in
conducting Employment Testing programs .
10. Provide priority services to Veterans and other
eligible persons as required by Federal laws and
regulations including 20 CFR 653.220-226 and Title
38-United States Code. . Such services shall be
coordinated with the OVOP and LVER Programs .
11 . Observe the Governor' s coordination criteria in program
operations . Such operations will be coordinated
through written non-financial agreements with Colorado -
Rehabilitation, Occupational Education, Social
Services, and other State and local agencies as
appropriate.
12. Comply with Title VI of the Civil Rights Act of 1964
(P.L. BB-352) and in accordance with Title VI of that
Act, no person in the United States shall , on the
ground of race, color, or national origin, be excluded
from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program
or activity for which the application received Federal
financial assistance and will immediately take any
measures necessary to effectuate this agreement.
13. Comply with Title VI of the Civil Rights Act of 1964
(42 USC 2000d) prohibiting employment discrimination
where (1 ) the primary purpose of a grant is to provide
employment, or (2) discriminatory employment practices
will result in unequal treatment of persons who are or
should be benefiting from tie grant—aided activity.
14. Comply with requirements of the provision of the
Uniform Assistance and Real Property Acquisitions Act
of 1970 (P.L. 91-645) which provided for fair and
equitable treatment of persons displaced as a result of
Federal and federally assisted programs .
15. Comply with the provisions of the Hatch Act which limit
the political activity of employees .
16. Comply with the minimum wage hours provision of the
Federal Fair Labor Standards Act, as they apply to
hospital and educational institution employees of State
and local governments .
17. 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 .
18. Provide the State through any authorized representative
access to and right to examine all records, books ,
papers, or documents related to the grant.
Page 1B of 21
.. .....,es_�.._c_.. _....... .. _ _ ,.z1,.
19. Comply 04ith all requirements imposed by the Federal
sponsoring agency concerning specific requirements of
law, program requirements , and other administrative
requirements.
20. Ensure that the facilities under its, ownership, lease
or supervision which shall be utilized in the
accomplishment of the project are not listed on the
Environmental Protection Agency's (E.PA) List of
Violating Facilities and that it will notify the
Federal grantor agency of the receipt of any
communication from the Director of the EPA Office of
Federal Activities indicating that a facility to be
used in the project is under consideration for listing
by the EPA.
21 . Comply with the flood insurance purchase requirements
of Section-102(a) of the Flood Disaster Protection Act
of 1973, Public Law 93-234, 87 Stat. 975, approved •
December 31 , 1976. Section 102(a) requires , on or
after March 2, 1975, the purchase of flood insurance in
communities where such insurance is available as a
condition for the receipt of any Federal financial
assistance for construction or acquisition purposes for
use in any area that has been identified by the
Secretary of the Department of Housing and Urban
Development as an area having special flood hazards .
The phrase "Federal financial assistance" includes any
form of loan, grant, guarantee, insurance payment,
rebate, subsidy, disaster assistance loan or grant, or
any other form of direct or indirect Federal assistance.
22. Assist the Federal grantor agency in its compliance
with Section 106 of the National Historic Preservation
Act of 1966 as amended (16 U.S.C. 470) ; Executive Order
11593, and the Archeological and Historic Preservation
Act of 1966 (16 U.S.C 469a-1 et sea) and (a) consulting
with the State Historic Preservation Office on the
conduct of investigations, as necessary, to identify
properties listed in or eligible for inclusion in the
National Register of Historic Places that are subject
to adverse effects (see 36 CFR Part 800.8) by the.
activity, and notifying the Federal grantor acency of
the existence of any such properties , and by (b)
complying with all requirements estabiisheo by the
Federal grantor agency to avoid to migrate adverse
effects upon such properties.
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Page 19 of 21
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F„rm O-AC-0211 SI'ECIAI. PROVISIONS
CONTROLLER'S APPROVAL °
I. This contract shall not he deemed valid until it shall have been approved by the Controller of the StnPof Colorado or such
assistant as he may designate. This provision Is arld,e;dile to anc contract involving the pasnient of money by the State.
FUND AVAILABILITY
2. Financial obll_vttons of die State pas able.arer the current use,!year arc contingent uixm funds for that purpose hang app :0 fated.
budgeted and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the pas ntent of more than tiny thousand dollars for the construction.erection. repair. maintenance.
-'-- or improvement of any her ild in_. road. bridge. >i.aiuct. cannel. excavation or other public work for this State. the contractor shall.
bciore entering upon the performance of any such .sore, included in this contract.duly execute and deliver to and ;lie suth the oiiieial _
ssliose signature appears below tit the State. a o.1 and so(tieieut bond or other acceptable surety to be apprrtsed by said official
in a penal sum not less than one-half of the total amount pas able by the terms of this contract. Such bond shall be dale executed
by a qualified corporate surety, conditioned fir rite due trod faithful performance of the contract, and in addition. snail provide that
if(he contractor or his subcontractors fail to duly pay hir any labor. materials:tear, hire, sustenance. provisions. paSenr or or other
supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to he done, the surety will
pay the saute in an an:aunt not exceeding the suet .^fettled in the bond-together with interest at the rate of eight per cent per annum.
Unless such bond. sshen so required. is executed. delivered and tiled, no claim in favor of the contractor arising under this (note❑
shall be audited, allowed or paid. A certi lied or cashier's check or a bank money order track payable to the Treasurer of the State
of Colorado stay be accepted in lent of a bond.
,\IJNI\IU\I WAGE
4. Except as otherwise provided by law. if this contract provides fur the pacntent of more than live thousand
dollars and requires or insoles the emplus ascot of laborers or mechanics in the construction. alteration or repair of,
:my building or other puhlie work, (except highways. highway bridges, underpasses and highway structures of all
kinds) within the geographical limits of the State. the rate of wage for all laborers and mechanics employed by the
'contractor or any subcontractor on the buiidina err puhlie work covered by this contract shall he not less than the
prevailing rate of wages for work of a similar nature in the city, town. village or other civil subdivision of the State in
which the building or other public work is located- Di'putes respecting prevailing rates will be resulted as pros ided in
S-I 6.101, CRS 1973, as amended.
DISCRI?IlNATION AND AFFIR\1AT1A'E ACTION
5. The contractor agrees to comply sx itit the ie ter and spirit of the Colorado Antidiscrimination :Act of W57, as amended
and other applicable law reyxeting dtscrhnu>_:tiun aid entair eat plticmant practices (21-34-402, CRS 197 4 sure:etneot). and as
required by Executive Order. Equal Or(smarmy and Alr l once:Aetion,dated April 16. 1975.Pursuant thereto. the diLos,me prey:-
sions shrill he contained in all State co/erect,. , r •u?-sLvorrcn.
During the perfurutanec hi thy,donut:et, the contractor agrees ;n folluas:
III The cuntraclor will 1101 di,eritr.t.t:,te aaatimt any enyuoyee or applicant fur rmpius meat because of
race, creed. color. national origin, sex, anaritai status. religion. :ncestno mental or physical handicap, or age.
The contractor will take attirntatise action to insure that applicants :are employed- and that employees are
treated during employment. without re_.trtl Iii titre :these :mentioned characteristics. Such action shall include.
but not be limited to the billowing. emplus It tent. upgrading. demotion. or transfer. recruitment or
recruitment ads ertisines: I.iv.oifs err rer, buns: rates of pay rtr tither turns of compensation:and scleetioa
for training. including apprenticeship. 'r!le cnnlraetnr agrees In post in cunspicuuus places, available to
employees and anplieents for emplusone:u. notices it he provided by the contracting officer vetting forth
pros isions of this not -discrimination eiettse.
(2) The contractor will, in all solicitations or adierlisements for emplus des placed by or rte behalf of the
contractor, state that all qualified applicants will reeene consideration for empius mcnt without regard to
race, creed, color. national origin, sex. marital status, ndigion, ancestry, mental or physical handicap, or age.
(3) The contractor will send to eadt labor union or representatise of workers with .which he has collective
bargaining agreement or other contract or understanding. notice to be provided by the contracting officer,
adsisitt_g the labor union or workers' represen[atise of the contractors commitunent under the Executive
Order. Equal Opporttmity and Affirmative .-Action, dated April 16, 1975, and of the nles, regulations, and
relevant Orders of the Governor.
(4) The contractor and labor onions will furnish ;dl information and reports required by Executive Order.
Equal Opportunity and :ARirnlatise Action of April 16. 1975. and by the rules, regulations and Orders of the
Governor, or pursuant thereto. and .sill permit ;recess to his hooks, records, and accounts by tile contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance
with such rules, regulations and orders.
(5) A labor organization will not exclude any individual otherwise qualified front full membership rights in
such labor organization. or expel any such, individual from membership in such labor organization or
discriminate against tiny of its members in the full enjoyment of work opportunity, because of race,creed,
color, sex, national origin, or ancestry.
(6) A labor organization. nr the employees or members thereof will not aid, ;het, incite,compel or coerce
the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from
compl)ing 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 he discriminator'.
39553-011022 goat 20 of 21 pnges
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t I I❑ the event ut toe Contractor's ss.... tlie no;rdnennu n.:uun clauses of this contract or
with any of such rule.. re,vlations, or ()tilers, rus contract max he cancelled. terminated or suspended in
whale or in part and the contractor may he declared ineligible for further State contracts in accordance with
proccr.nres. authorized in Eseettive Order. I pill Orpnrum:Iw and :Afllrnnuse Action of -1,91 I6. 1975 and
the rules, regulations, or orders proinuLated in accordance therewith, and such other sanctions as may be
• imposed and remedies as ntav he invoked as pros ivied in Esccutise Order. Equal Opportunity and :Ufmaative
-Action of April 6, 19-5, or by ntles. re_ul.il:-;:l.. 1:r n.,iers promulgated in acenrdance therewith, or as
otherwise pros ided by law.
(S) The comm.:tor will include tine provisions of :nragrapbs (I) through IS) in even' sub-contract and
sub-contractor purchase order unless exempted by r,:ies, re_uiat ions, or orders issued pursuant to Executive
Order, Equal Opportunity and Affirmative Action of April 16. 1975,so that such provisions will be binding
upon each sub-contractor or ve ndu r. 'lite enn tractor will take such action with respect to any sub-contracting
or purchase order as the contracting agency mac direct. as a means of enforcing such provisions. including
sanctions for non-compliance: pros ided, howcser, that in the ewent the contractor becomes involved in, or is
threatened with, litigation with the subcontractor or sendor as a result of such direction by the contracting
agency. the contractor may request the Stale of Colorado to enter into such litigation to protect the interest
of :he State of Colorado.
COLORADO LABOR PREFERENCE
6. Provisions of S-17.101, R 10'_, CRS 1973 for preference of Colorado labor are applicable to this contract if
public works within the State are undertaken hereunder and are financed in schele 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 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 pan: shall be valid or enforceable or available in any action.at Iasi: 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.
S. Tine signatories hereto as er that they are familiar with IS-S-301, et seq.. (Bribery and Corrupt Influences)
and 18-5-401. et seq., (Abuse of Public Office). C.R.S. 1973. as amended,and that no violation of such provisions is
present.
9. The signatories aver that to their knowledge. no state empios ee has any personal or beneficial interest
w hatsoes er in the service or property described herein.
.10 . This contract is subject to and concincent upon the continuing availability
of Federal funds and may be unilaterally ce_..._n_ted by the State by giving 30
days yrit_en notice in the even: that Federal funds become unavns -,sa er are
reduced in any amount.
IN WITNESS \\HEREOF, the parries hereto has e eyecured th; \ereeme:t( on the day first above written
IATE OF COL R.ADO
7RlLllAl'I) D. .:ill V.yrtVEH\n••R
vRs ���:. k7/7:27:Cun[r_c[or >� -`s"^�_...=_ — �! iI TI CI Ulf<LCTUR.
Norman Carlson, Chairman DEP ARTVIENT
Position County Board of Commissi 0ners0;: _ -
-
Social Secure) rumner
APPROVALS
� , DUANE VJOOOARD•
ATTORNEY GENERAL. :. , . •, LO\TRoll. • pia .`I.L,C� i :! $ td�
By --- Jc(11-eCl: JR. gw.
C '- Flret r=SSisient tincrnns• i--rnnral
General Lee ✓Sc .: -; /
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395.53-o2-CO:35 Page 2 which is the last of 21 pages
•See instruetu,na on w.ere side.
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EXHIBIT I
LOCAL VETERAN EMPLOYMENT REPRESENTATIVE ( LVER) DUTIES
The SODS 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 EODS and from other agencies, information on the local 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. As functional supervisor of EODS -services to veterans , periodically
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
other 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 . Periodically prepares studies and reports on 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.
�._ ems...:_.._.. .: . .__..
EXHIBIT II
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XEMR.A tUM FC_R CERTI-ICAiICT
OF Cri!°LIA\C WITH
EflIE CF r,r^ R O EXPLOYNENT POLICIES
Attached hereto are the following materials related to standards,
rules and guidelines for those persons who are volunteers in
eno1oy^ent er scents of the Colorado Division of -rolovment.
1. Cafe of Ethics
2. Gratuity and Credit for Plac :rant Policy
3. Confidentiality of Records Policy
Please make yourself thorouc'nly familiar with the contents cf
each document prior to certifying your understanding of each
portion, its intent and the penalties fornon—compliance.
Your signature constitutes an und
erstanding and agreem,ent to
abide by the stated tolicies.
Signed
Date
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CC:E CF ETHICS ECZ CCL:;Re-.:.0-ST:tile vCiTER.';,n:rNT SERVICE
Established by Executive Order, Seota_nb r 1966.
Reaffirmed by Richard D. Tar.. , Governor of the State of Colorado, July
1975.
The purpose of this code is to establish a clear standard of ethics
for officers and en icyees in the Executive Branch cf ccvern.rent in
crier to assure -vblic confidence in the integrity of the government
of the State of Colorado.
EACH PERSON IN THE EXZCUTIVE BRANCH OF GOVERi::Zvr SHALL:
1) Aainzain independence and impartiality and refuse to accept
any compensation cr cift which Haight result in the
preferential treatment of "arsons, businesses, or
organizations.
2) Avoid any private business r=_atl ^ship cr c.mers ;_„ that
might conflict with ccoi_c Cities.
3) Be conscious of his influence in state government and avcid
any personal interest in business ta.,--
'CCS in that
area.
5:) Be careful n.o to use otaLt time, orocertv, eouitment or
sucol _es for in`-r.__-.
Never disclose, use cr allow others to use confidential
infcr..ation acutired by virtue of state z,o1cy eat for
crivat_ in .
6) Seek to find and em. 1c! the 7cst efficient and economical
ways of oerfcrrring his. duties for the state of Colorado.
7) Carry out his duty as a public servant by exposing
corructicn in _overnTent wherever discovered.
?) Pe conscious that __C.^.:.1 .e
his _ conduct reflects Cn ti...
integrity of stare government and take care not to betray
that confidence by any conduct whion have an adverse effect
on it.
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CRF:J'i ?:=c,, AND CREDIT FOR > T ACE E STT ,^.-
The curcose of this statement is to reiterate the written oclicv of
the Division of Employment and Training with respect to accurate
retorting of Glace:T,.cnt and the prohibition against -r^
any
gratuity orfavor '_Cr making a placement.
An accurate tabulation trust be Any
of placements. 5.iV
Gus-en-=centation as to the number of _placements -- either a fai '.
_lu e
to crocerl'✓ take credit or to take credit for a place Bent not made —
is no: pr^QCL30le
e•^ni= will make honest mistakes, but a mistake cannot be
with regard to the OL cer recordi, of Olac�nents, It condoned
_
G � ;es always been
the .�!ic'J of the Division of Employment and Training to LC.^,.e` _-.cif
terminate any employee who takes credit for placements not actually
.._d_. There are no exceotions to this rolicy.
Under no condition is any employe e to accept ca}-a^- , a gratuity, or
favor for making a placement. J An vi-i a. of -
_ _.cn this colic, .-ill also
result in the terminationof CL �.... services the emGlCy=ethe policy.
p`Oiflt'nC
Tr anyone, at any time, suc.ests that you in anyother
. an accurate of _ manner rake
than record lacerencs, this fact ___ " •J this should be 1..�.�,=r' �� e�,/
__ocrta_ by you to the Personnel Unit.
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CONFIDENTIALITY OF
section 8-72-107 Colorado Revised Statutes 1973 states in cart
that information obtained fran anv 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 individual's Cr amplovinq units"identity' ."
.
T.rds section ccvides fines and imprisonment for violation of its
o.-5_dns.
Except for releasing information for the curccse cif conducting
normal o ; a-ent and counseling activ: ,_= allother
__ __� �, recuests must be
cleared grouch the Job Se✓.
- ice Center -an>c=Y_
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