HomeMy WebLinkAbout881014.tiff MEMORAf1DUM
WIIDe Gene R. Brantner, Chairman
,o Board of County Commi ssioners Date October 21, 1988
e
COLORADO From Walter J. Speckman, Executive Director tlLAT
subject: Non-Financial Agreement Between Employment Services of Weld County
And Disabled American Veterans (DAV)
Enclosed for Board approval is the Non-Financial Agreement between
Employment Services of Weld County and Disabled American Veterans
(DAV).
The agreement authorized the Disabled American Veterans Agency to
access suppressed microfiche from Employment Services. DAV clients
will be able to view and be referred to job openings through established
referral processes of Employment Services.
If you have any questions, please feel free to telephone me at 353-0540.
1.7 f)c ) dt31"14
NON FINANCIAL AGREEMENT
This agreement, made this 29th day of September 1988, by and
between the Board of County Commissioners of Weld County, Colorado on
behalf of the Weld County Division of Human Resources' Employment
Services, hereinafter referred to as "Employment Services" and DAV
Department of Colorado, hereinafter referred to as "Agency".
WHEREAS, the Employment Services and the Agency are committed to
strengthening the coordination of services delivered to Colorado
residents in need of employment or other employment related assistance,
WHEREAS, the Employment Services administers and operates the Job
Services Center in Weld County pursuant to contract with the Colorado
Department of Labor and Employment,
NOW THEREFORE, the below signed parties hereto agree to the follow-
ing promises, mutual covenants and obligations herein contained.
A The Agency agrees to:
1. Adhere to Employment Services policy regulations regarding the
release of information, incorporated by reference as Exhibit A.
2. Permit employees or authorized agents of Employment Services
to make onsite inspections, during normal business hours, to
ensure that the requirements of the Colorado Employment
e..
Security Act and the Federal Statutes and regulations are
being met.
3. Comply with all security and access procedures established
by the Colorado Department of Labor and Employment and submit
the names of employees or agents authorized to access infor-
mation to Employment Services. As these personnel change,
updates will be provided to enable access to be limited to
authorized personnel .
4. Follow directions and instructions as stipulated by the
Employment Services in regard to client viewing of microfiche.
5. Abide by the Code of Ethics and Reporting included and incor-
porated by reference as Exhibit B.
6. Follow the proper Employment Services referral procedures by
referring a client interested in a position reflected on the
job bank microfiche to Employment Services for completion of
registration, pre-screening, referral , and I-9 processes.
7. Coordinate with Employment Services the procedure by which
suppressed microfiche will be made available and destroyed.
B. Employment Services agrees to:
1. Provide training in Employment Services policies and operating
procedures related to the use and disposal of job bank microfiche.
881014
2. Access to or copies of the suppressed Job Bank microfiche,
Monday through Friday (except for Official State holidays) .
3. Obtain and process all documents and other requirements in
regard to client registration, employer pre-screening, I-9
requirements, and referral processes.
4. Coordinate and develop a procedure by which microfiche is made
available to the participating agency.
C. Denial of Services:
Employment Services has sole authority to deny services to any
job applicant who fails to follow the established rules and
policies of Employment Services.
O. Assurances:
1. The Agency agrees that it is an independent contractor and that
its officers, employees, and clients do not become employees
of Weld County, and therefore are not entitled to any employee
benefits as Weld County employees, as a result of the execution
of this Agreement.
2. Weld County, the Board of County Commissioners of Weld County,
its officers and employees, shall not b4. held liable for
injuries or damages caused by any negligent acts or omissions
of the Agency, or its employees, volunteers, or agents while
performing functions as described in this Agreement. The
Agency shall idemnify,. defend, and hold harmless Weld County,
z'- the Board of County Commissioners of Weld County, its officers
and employees for any loss occasioned as a result of the
performance of this Agreement by its employees, volunteers,
clients and agents. The Agency shall provide workers ' compen-
sation insurance for all employees of the Agency engaged in the
performance of this Agreement, as required by the Colorado
Workers' Compensation Act.
3. No officer, member, or employee of Weld County and no member of
their governing bodies shall have any pecuniary interest,
direct or indirect, in the approved Agreement or the proceeds
thereof.
4. The Agency understands that monitoring and evaluation of the
performance of this Agreement shall be conducted by the Weld
County Division of Human Resources ' Employment Services and
the results provided to the Board of County Commissioners of
Weld County and the Weld County Private Industry Council .
S. The Agency and Employment Services assure compliance with Title
VI of the Civil Rights Act of 1986, and that no person shall ,
on the grounds of race, creed, color. sex, or national origin
be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under the approved
Agreement.
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E. Mutual Agreement:
The Agency and Employment Services mutually agree to abide by the
terms and conditions herein specified.
G. Termination:
This Agreement may be terminated at any time by either party giving
thirty (30) dyas written notice and is subject to the availability
of funding.
H. Entire Agreement:
This Agreement, together with all attachments hereto, constitutes
the entire understanding between the parties with respect to the
subject matter hereof; and may not be changed or modified without
prior agreement of both parties and their governing bodies.
IN WITNESS WHEREOF, the parties hereto have duly executed the
Agreement as of the day, month, and year first above written.
THE BOARD OF COUNTY COMMISSIONERS AGENCY
OF WELD COUNTY, COLORADO
Ate I ihr*A-1
Gene R. Brantner, Chairman
DAV Department Adjutant
WELD COUNTY DIVISION OF HUMAN RESOURCES
EMPLOYMENT SRVICES
V
L/
Wal er J. Speckman, Executive Director
/.
ATTEST: ‘77)11"1/214 '
Weld County Clerk and Recorder
and Clerk to the Board
By: w
De uty County Cle
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Exhibit A, Page 1 of 2
POLICY STATEMENT
REGULATIONS REGARDING THE RELEASE OF INFORMATION
Effective November 21, 1986
It shall be the policy of the Division of Employment and Training, in its applications of Section
8-72-107(1) of the Colorado Employment Security Act, to permit access to information and records obtained in
the course of its administration of Articles 70 through 82 of the law in conformity with the provisions
stated below.
I. INFORMATION MAY BE RELEASED TO. THE FOLLOWING PERSONS WITHOUT RESTRICTIONS AS TO THE SCOPE OF THE
INFORMATION.
A public employee in the performance of his/her public duties. This is a partial list of people or
organizations entitled to information from you.
1. The U.S. Department of Labor, its Regional Offices and States as defined by 8-70-103(20) (telephone
release authorized).
2. The Governor of Colorado, his Ombudsman or other representative (telephone release authorized).
3. Units within the Department of Labor and Employment (telephone release authorized).
4. Federal, state and local law enforcement agencies. Existing reciprocal arrangements established by
the U.I. Investigations Branch shall continue and, at the discretion of the Branch Chief, similar
arrangements may be made with other law enforcement agencies. U.I. Branch Chiefs or Job Services Center
(JSC) Managers, at their discretion, may release information without a written request to law enforcement
agencies to maintain or establish expediential exchanges of information and harmonious working
relationships. (Written request may be required.)
5. Elected officials at any level of government when seeking information regarding a constituent
(telephone release authorized).
6. Colorado state agencies provided that either the request is made in writing or the request is made
pursuant to a current agreement between the Department of Labor and Employment and the requesting agency.
II. LIMITED INFORMATION MAY BE RELEASED TO THE FOLLOWING PEOPLE.
1. U.I. Claimant:
A. You may release information to the claimant or representative "in preparation for and prior to any
hearing on a claim..." (8-72-107(1)). In practice, this means that the Division will permit examination or
copying of any records pertinent to the preparation of any appeal, late appeal or other action to be taken
on issues with respect to the claim itself.
8. You may release a limited amount of information by telephone to a claimant who can be reasonably
identified (personal knowledge, social security number, etc.). You may tell the claimant whether a payorder
is being returned to him or the JSC for correction. If the week has been disallowed for any reason, tell
claimant the payorder is being processed and that he/she should receive additional information from the
Division within a few days. You may give other general information such as "a decision is being issued," or
"you may file an appeal."
2. Claimant Representative: A "claimant representative" means an attorney, Union Officer, spouse, parent
or other who satisfactorily explains and presents written confirmation of the reason for acting on behalf of
the claimant. You may provide a claimant representative information from that claimant's U.I. file. The
claimant representative must present an authorization signed by the claimant. You must ensure that the
claimant's signature on the authorization compares with the claimant's signature on the 8-1 and/or other
file documents before a disclosure is made.
3. Applicant For Work: You may release information to an applicant for work under the provisions of
Section 8-72-107(1) which states in part, "...any applicant for work shall be entitled to examine and copy,
or obtain a copy from the division...any letters of reference or other similar documents pertaining to the
applicant which are in possession of the division."
4. Employer: An "employer" means an "interested party" as defined by Section 8-70-103(8). You may
release information to any employer or his representative if the employer concerned has an appeal and the
request is made for information pertinent to the preparation of any action to be taken on issues, with
respect to the claim itself.
5. Employer Representative: An "employer representative" means an attorney, officer of an organization
' representing business interests of a representative of any organization which represents the employer in
( U.I. matters. With regard to an attorney or an officer of an organization representing business interests,
))J the requester must present signed authorization from the employer requesting the release of information. In
the case of an employer representative in U.I. matters, the requester must have an affidavit or Power of
Attorney on file in the Tax Branch which names him (his organization) as the employer's representative.
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Exhibit A, Page 2 of 2
III. LIMITATIONS ON INFORMATION YOU MAY RELEASE TO EMPLOYERS OR THEIR REPRESENTATIVES
1. Claimant Information:
A. You may release information [o the employer or his representative ..in preparation for and prior to
any hearing on a claim..." In practice, this means that the Division will permit examination or copying of
any records pertinent to the preparation of any appeal, late appeal or other action to be taken on issues
with respect to the claim itself.
8. Requests for claimant information other than that which concern{ an appeal or other action to be taken
for further processing of the claim will be considered by the Benefits Branch or JSC Manager. JSC Managers,
Benefits, or Appeals Branch may not release information relating to employers, other than the concerned
employer, with the exception of the employer ixmediately preceding a "better job" employer. This means the
employer whose job the claimant quit in order to accept a better job can be provided with the starting and
separation dates of the better job, the rate of pay and other reasons •for which the job was held to have
been better.
2. Employer Information:
A. You may release employer information regarding the employer concerned or his authorized representative
without limitation as to time or restriction as to scope.
B. A request to review and/or redetermine an account, or a protest of benefit charges to an employer
account, will not be accepted after sixty (60) days from the mailing date of the employer's quarterly
statement (Form A-20), in accordance with Paragraph 0 of Regulation No. 26.
IV. SECTION 8-72-107(1): "Any employee or member of the Division or any referee who violates any
provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a
fine of not less than twenty dollars nor more than two hundred dollars, or by imprisonment in the county
jail for not more than ninety days, or by both such fine and imprisonment."
V. POLICY COVERAGE: The policy outlined in this statement will be applied equally and impartially to all
persons requesting information. Any questions regarding its application should be referred to the manager
of the unit to whom the inquiry was directed. Managers or JSCs may refer questions to their respective
Field Director, the Chief of Field Operations, or the U.I. Director:
•
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Exhibit 8. Page 1 of 1
CODE OF ETHICS AND REPORTING
REGARDING THE ACCESS AND USE OF
STATE INFORMATION AND .308 PLACEMENT
IN PERFORMANCE OF ITS CONTRACT WITH THE STATE, THE CONTRACTOR, ITS EMPLOYEES AND AGENTS, SHALL:
1. Serve the public with respect, concern, courtesy, and responsiveness;
2. Demonstrate the highest standards of personal integrity, truthfulness and honesty and shall through
personal conduct inspire public confidence and trust in the State;
3. Maintain independence and 'impartiality and refuse to accept any compensation ar gift which might
result in preferential treatment of persons, businesses, or organizations;
4. Avoid any business relationship that might conflict with contractual duties ,to-the State;
S. Not use State property, equipment, or information for any private interest;
6. Never, disclose, use, or allow others to use confidential information, acquired by virtual of its
contractual relationship with the State, for private interests;
7. Not betray its contractual relationship with the State by conducting itself in any manner which might
adversely effect the integrity of the State;
8. Maintain an accurate tabulation of any placements made. Any misrepresentation as to the number of
placements, is grounds for the State to immediately terminate the contract.
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