HomeMy WebLinkAbout920539.tiff RESOLUTION
RE: APPROVE JOB SERVICE CONTRACT WITH COLORADO DEPARTMENT OF LABOR AND
EMPLOYMENT AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Job Service Contract with the
Colorado Department of Labor and Employment, commencing July 1, 1992, and ending
June 30, 1993, with the further terms and conditions being as stated in said
contract, and
WHEREAS, after review, the Board deems it advisable to approve said
contract, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Job Service Contract with the Colorado Department of
Labor and Employment be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 17th day of June, A.D. , 1992.
BOARD OF COUNTY COMMISSIONERS
ATTEST: k���1 //�//��f� ro
Weld County C er to RI a
G Geo e K edy, Chairman
BY: 44_6,
�u , s cG1'�` iL
Deputy Cle k to the Board �� Constance L. Harbert,��` Pro-Tem
APPROVED AS TO ORM: J//cLty
C. W. Kirb /
-CA' ` �L
County Attorney Gor ac
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W. / L&
920539
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• Department or Agency No. KCT N , f/L,
Contract Routing No. 93•"16 : Weld County : JSC Services i=�l2 S7C-,v El r"
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This is a legal document, legal counsel should be consulted before signing. y t„/
CONTRACT
THIS CONTRACT is made this 11th day of May, 1992, by:
The Board of County Commissioners of Weld County
1151 North 17th Avenue
P.O. Box 1805
Greeley, CO 80632
(Contractor)
and
THE STATE OF COLORADO
Department of Labor and Employment
600 Grant Street
Denver, CO 80203-3528
(State)
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available and a sufficient encumbered balance for payment in Fund Code
100, ORGN Code 7200, APPR Code 306, Func Code 7500, GBL Code 2052, Contract
Encumbrance No. ; and
WHEREAS, pursuant to C.R.S. 24-101-105, contracts between the State and one of its
political subdivisions are exempt from the State procurement code and the selection and
bidding requirements therein; 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 "State of Colorado, Greeley Job Service Center, and the Employment Services of
Weld County" as the program name of the single delivery system; and
WHEREAS, the parties acknowledge that this is a contract for a one—year term. The
approval of this contract shall not be considered as the approval for any subsequent
contract, nor as the expressed or implied intention of the parties to renew this contract;
and
WHEREAS, the parties expressly acknowledge that this contract is not an exclusive
contract for the delivery of services in Weld County — specifically, the State may place
out—stationed employees in Weld County when Federal requirements will not permit the
Contractor to meet the said requirements; and
WHEREAS, the State has in place an out—stationed employee to service Weld County
veterans. The Contractor shall cooperate fully (i.e., provide unrestricted and immediate
access to any program information) with this State employee; and
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Department or Agency No. KCT
Contract Routing No. 93"116 : Weld County : JSC Services ' '
This is a legal document, legal counsel should be consulted before signing.
WHEREAS, it is the parties' intention that the functions of the State's out—stationed
employees will be reasonably coordinated with the County's performance pursuant to this
contract; and
WHEREAS, required approval, clearance and coordination has been accomplished from
and with appropriate agencies.
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 July 1, 1992, through June 30, 1993.
3. General. In performance of its duties and obligations pursuant to this contract, the
Contractor shall comply with the Wagner—Peyser Act, its applicable rules and regulations,
as amended (including completing all necessary forms, and. maintaining sufficient
records). The Contractor acknowledges that it shall, at its cost, implement changes or
methods of operation recommended by the State in order to maintain its services pursuant
to this contract in conformance with the Wagner—Peyser Act, its rules and regulations, as
amended.
3.1 The Contractor shall incur additional costs only to the extent that State's local Job
Service Centers incur like costs in implementing the said changes or methods of operation.
3.2 Where appropriate and applicable, as determined by the State, the State will
provide programmatic training or technical assistance to the Contractor on the same basis
such programmatic training or technical assistance is made available to the State's local
Job Service Centers.
3.3 Additional training or technical assistance, or both, may be made available to the
Contractor, at the Contractor's cost, by the State, upon the Contractor's request if such
request is deemed to be reasonable by the State and the State has the available resources
to provide the additional training.
4. Job Service Center Functions. The Contractor shall, during the hours from 8:00
a.m. through 5:00 p.m., Monday through Friday (State holidays excepted), provide the
following services:
4.1 Placement Services. Manage and provide job placement services to applicants and
employers including, but not limited to the following functions.
A. Receive, classify, and record job order information from employers; including
name and address of employer, employer contact, classifying and recording information on
employer job requirements, job content and conditions of employment.
B. Inform employers of the availability of applicants.
C. Receive, classify and record work registration applications (form ES-511) from
applicants requesting this service whether the Contractor can or cannot provide additional
services to the client.
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' Department or Agency No. KCT
Contract Routing No. 93-e 1l6 : Weld County : JSC Services r
This is a legal document, legal counsel should be consulted before signing.
D. Evaluate the qualifications of applicants selected from the application files
and refer those applicants who most nearly meet the specifications on the employer's job
order. Prior to releasing a job order to non-veteran applicants, or referring non-veteran
applicants to an employer, the Contractor's Local Veteran Employment Representative or
the delegate appointed pursuant to the provisions of provision 6.1, as hereinafter set
forth, shall:
1. Search the files of the applications of all veteran applicants and refer the
eligible veteran applicants to the employer; and
2. Approve, in writing, the release of the job order to non-veteran applicants
because either there were no eligible veterans for referral or all eligible veterans had
been contacted and referred to the employer.
E. Provide follow-up to employers listing job orders in accordance with
departmental timeframes for all such activity.
F. Job Development Activities.
1. General. The Contractor shall conduct on-going public relations
activities to inform the Weld County employer community of the Contractor's services.
Acceptable activities include mass mailing, mass advertising campaigns, telephone
canvassing or conducting seminars directed at the employer community.
2. Service to Individual Applicants. Whenever an applicant cannot in good
faith be referred to a job order because of either the applicant's qualifications or personal
needs, the Contractor shall appropriately contact all appropriate employers, via telephone
or in person, to inform them of an applicant's availability, and their qualifications. The
Contractor shall consolidate, where appropriate, all contacts to an employer (or person) to
limit the number of contacts to a single employer.
G. Provide, upon request, local and state labor market information to applicants
and employers.
H. Performance Goals.
1. General. The overall minimum performance standard for the Job Service
Program shall be established in the Local Office Plan. Of the number of veteran
applicants, the Contractor shall place the percentages mandated by Federal Veteran
Placement Standards.
4.2 Soecial Services to Unemployment Insurance Recipients (UI Claimants). The
Contractor shall:
A. Notify all employers who place a job order with the Contractor of the benefits
and opportunities of hiring UI claimants.
B. Refer questions regarding unemployment insurance claims procedures and
processing to the centralized UI Unit in Denver via the toll free 800 telephone number.
1. Schedule and register UI claimants for work in accordance with
departmental procedures.
2. Conduct follow—up activities as appropriate.
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Department or Agency No. KCT
Contract Routing No. 93^—k016 : Weld County : JSC Services
This is a legal document, legal counsel should be consulted before signing.
4.3 Counseling Services. The Contractor shall provide (via a State—approved counselor)
counseling services to assist all applicants with problems in vocational choice, change, or
adjustment. The Contractor's services shall include the development and maintenance of
individualized Employability Development Plans.
4.4 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. The Contractor shall comply with 41 CFR, 60-2 29 CFR 1627, and
CFR 32 in conducting Employment Testing services.
4.5 Non—Job Order 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.
A. In the event the Contractor refers an applicant to an agency providing any of
the above services, the Contractor shall conduct follow—up activities after the referral to
determine if the applicant received the needed services and whether the Contractor can
provide additional services to the applicant.
B. The Contractor shall give priority to eligible veteran applicants over
non—veteran applicants in making the above referrals.
4.6 Special Services to the Handicapped. The Contractor shall designate at least one
person whose duties shall include providing the services and activities described within
this contract for handicapped persons.
4.7 Other Services. The Contractor shall provide intrastate and interstate clearance
of job orders, and complaint resolution and employer assistance with equal employment
opportunity regulations to applicants and employers.
5. Input into the State computer system. In addition to maintaining records and
completing the required forms:
A. The Contractor shall track and input all transactional information and other
information necessary to update the State's ENDS/ODDS files via direct input into the
State of Colorado, Department of Labor and Employment computer system on a daily
basis; or
B. The Contractor may input this data into other automated JTPA systems on a
daily basis with the approval of the Colorado Department of Labor and Employment.
C. More specifically, but without exclusion, the Contract shall input, on a daily
basis, the following information:
1. All application information received from applicants;
2. Services provided to applicants (referrals to job orders, referrals to other
organizations, job placements, workshops, etc.); and
3. Job orders received from employers with specification of whether the
employer is a federal contractor.
6. Services to Veterans. In addition to its Job Service Center functions, the
Contractor shall:
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Department or Agency Noy,1KCT
Contract Routing No. 93- '.6 : Weld County : JSC Services
This is a legal document, legal counsel should be consulted before signing.
6.1 Provide, at the Contractor's own expense, a full—time Local Veterans Employment
Representative ("LVER"), or an individual designated by the Contractor to perform the
duties of an LVER in event of the full—time LVER's absence, who shall be fully devoted to
discharging the following duties.
A. Functionally supervise all of the Contractor's services to eligible veterans;
B. Maintain regular, but not less frequently than on a monthly basis, contact with
community leaders, employers, labor unions, training programs, and veterans
organizations and eligible veterans;
C. Personally provide, or functionally supervise the delivery of job service center
services to eligible veterans, including intake, assessment, counseling, job—search
assistance, referral and placement;
D. Monitor the listing of jobs and subsequent referrals of qualified veterans with
employers who have federal government contracts in excess of Ten Thousand ($10,000)
dollars.
E. Report, in writing, all complaints filed under USC, Title 38, Chapter 42,
Section 2003 to the Department of Labor and Employment, Employment Services Branch,
Attn: State Veterans Coordinator, 600 Grant St., Suite 900, Denver, CO 80203-3528. The
Contractor shall take special precautions to report those complaints regarding failures by
Federal agencies to list vacant positions with the Contractor; complaints regarding
failures to implement veterans preference laws; and complaints against employers who
should comply with the Mandatory Job Listing Program.
F. Resolve complaints filed under USC, Title 38, Chapter 42, Section 2003. Any
complaints not resolved within 10 days of their receipt shall be referred to: Department
of Labor and Employment, Employment Services Branch, Attn: State Veterans
Coordinator, the State Veterans Representative (Mike Pritchard), 600 Grant St., Suite
900, Denver, CO 80203-3528.
6.2 Notify all employers, labor unions, and training programs that place a job order
with the Contractor of the benefits and opportunities in conducting on—the—job training
and apprenticeship programs for veterans.
6.3 Assist employers in identifying and acquiring prosthetic and sensory aids and
devices to enhance the employment of disabled veterans.
7. Cooperate with the State's efforts to service Weld County Veterans. The
Contractor shall provide unrestricted and immediate access to and copies of all
employers, employers' contacts, job listings, and any applicant information to the State
upon request. The Contractor shall not take any action to hinder, interfere, or delay the
State's efforts, whether those efforts are in conjunction with or independent of the
Contractor's, to improve service to the citizens of Weld County.
7.1 The Contractor acknowledges the State's Disabled Veteran Outreach Program
(DVOP) and its needs to conduct job development and referral within Weld County, and
shall cooperate fully and release information in accordance to the above provision to this
program.
7.2 The State shall advise the Contractor of its DVOP representative's plan of action
for job development on a monthly basis.
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Department or Agency Ng,,KCT -.
Contract Routing No. 93 )16 : Weld County : JSC Services
This is a legal document, legal counsel should be consulted before signing.
8. Targeted Jobs Tax Credit. The Contractor shall inform employers of the benefits
of Targeted Jobs Tax Credit program and refer all other activity regarding this program
to the TJTC Coordinator, in Denver.
9. Housing Inspections. Contractor shall provide six (6) housing inspections pursuant
to 20 CFR Part 654 and Occupational Safety and Health (OSHA) Regulation 1910.142.
10. Migrant and Seasonal Farm Workers. The Contractor shall meet all current
Migrant and Seasonal Farm Workers' Equity and Minimum Service Level indicators and
comply with 20 CFR, Parts 651, 652 and 653.
11. Alien Immigration. The Contractor shall forward all inquiries related to
Non—Agricultural Alien Labor Certifications to: State Immigration Program Coordination,
600 Grant St., Suite 900, Denver, CO 80203-3528.
12. Forms and Mail..
12.1 The State shall provide to Contractor all forms necessary for the Contractor to
provide Job Service Center functions under the Wagner—Peyser Act of 1933.
12.2 The State shall arrange for delivery of interagency mail or the indicia for Job
Service Center mailings to Contractor, as needed.
12.3 The Contractor shall pay the State, upon receipt of invoice, for the State's costs
incurred for forms, interagency mail or indicia, microfiche, and other supplies or goods
provided by the State.
13. 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 196,907
Housing Inspection (6 inspections at $230.00 each) 1,380
The Contractor shall submit monthly expenditure statements itemizing costs
incurred by type, amount, and individual on forms prescribed by the State. In no event
shall the Contractor's total compensation under this Contract exceed One Hundred
Ninety—Eight Thousand, Two Hundred Eighty—Seven and No/100 Dollars ($198,287.00).
13.1 The Contractor acknowledges that it shall be solely responsible for any and all
costs associated in providing the Local Veterans Employment Representative. Under no
circumstances shall any of the above funding be used to pay for such expenses.
14. Property Management. The State agrees to loan all State desks, chairs, and
equipment presently in possession of the Contractor for the term of this Contract. Title
to all such property shall remain with the State.
14.1 The 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.
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Department or Agency Nq.—ICCT
Contract Routing No. 93- 16 : Weld County : JSC Services
This is a legal document, legal counsel should be consulted before signing.
14.2 The Contractor shall not loan or otherwise permit the use of the equipment to
parties outside of the Contractor's program.
14.3 In addition, the Contractor may retain, and if retained shall maintain the current
State—owned copy machine as a back—up.
14.4 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.
14.5 The Contractor shall provide sufficient proof of the above insurance coverage to
the State upon receipt of the State's request.
15. Acknowledgement of the State's Contribution in Publications. The Contractor
shall acknowledge in all its correspondence, publications or materials distributed to the
public, that all employment services by the Contractor are provided in cooperation with
the State of Colorado, Department of Labor and Employment. Such acknowledgement
shall be made conspicuously and in plain language.
16. Single Audit Cmmnlianre. Contractor agrees to permit an independent auditor of
DOLE to have access to Contractor's records and financial statements as necessary to
comply with the Single Audit Act as implemented in OMB Circular A-128; to arrange for
an annual financial and compliance audit in accordance with OMB Circular A-128; and to
deliver a copy of the audit report within thirty (30) days of its issuance, to DOLE.
17. Special 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 is in Federal funds and 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.
C. Parties' Relationship. The contractor shall perform its duties hereunder as an
independent contractor and not as an employee. Neither the contractor nor any agent or
employee of the contractor shall be or shall be deemed to be an agent or employee of the
state. Contractor shall pay when due all required employment taxes and income tax
withholding, shall provide and keep in force worker's compensation (and show proof of
such insurance) and unemployment compensation insurance in the amounts required by
law, and shall be solely responsible for the acts of contractor, its employees and agents.
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.
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Department or Agency N, KCT
Contract Routing No. 92 )16 : Weld County : JSC Services
This is a legal document, legal counsel should be consulted before signing.
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. Federal Regulations on Debarment and Suspension. As to the terms of this
Contract, the Contractor agrees to comply with regulations pursuant to Executive Order
12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants
Responsibilities, by completing the required Certification Regarding Debarment and
Suspension attached hereto, made a part hereof, and marked Exhibit A.
17.5 Confidentiality of Records.
A. 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.
B. 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.
C. 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 for 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.
D. 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.
E. 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.
17.6 Ownership of Materials and Information. Unless otherwise agreed to in a written
amendment executed and approved pursuant to State Fiscal Rules, the parties agree 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.
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Department or Agency No.-KCT
Contract Routing No. 93- .6 : Weld County : JSC Services
This is a legal document, legal counsel should be consulted before signing.
17.7 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 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 and 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).
17.8 Records.
A. 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.
B. 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).
17.9 Performance Monitoring.
A. Contractor shall permit the State, the U.S. Department of 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.
B. 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.
17.10 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:
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Department or Agency N$LKCT
Contract Routing No. 93 46 : Weld County : JSC Services
This is a legal document, legal counsel should be consulted before signing.
A. Withhold payment to Contractor until the necessary services or corrections in
performance are satisfactorily completed;
B. Request the removal from work on the Contract of any 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;
C. 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
D. Terminate the Contract if after a thirty (30) day corrective action period
substantial improvement in performance is not documented, without the required notice
and without compensation for termination costs.
17.11 Non—Assignability. The duties and obligations of the Contractor cannot be
assigned, delegated, nor subcontracted except with the express written consent of the
State. This Contract shall inure to the benefit of and be binding upon the parties hereto
and their respective successors and assigns.
17.12 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.
17.13 Termination. Either party may 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.
17.14 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.
17.15 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.
4593F Page 10 of 14 Pages
Department or Agency No`KCT
Contract Routing No. 93—k. .6 : Weld County : JSC Services
This is a legal document, legal counsel should be consulted before signing.
17.16 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:
Ms. Linda Perez, Manager Mr. Melvin Madden, CFO
Employment Services of Weld County Department of Labor and Employment
P.O. Box 758 600 Grant Street, # 800
Greeley, CO 80632 Denver, CO 80203-3528
and and
Executive Director Mr. Thomas E. Ivory, Northern Area Director
Division of Human Resources Department of Labor and Employment
P.O. Box 1805 600 Grant Street, Suite 900
Greeley, CO 80632 Denver, CO 80203-3528
17.17 CONTROLLER'S APPROVAL. 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.
A. If the date of the State Controller's approval is subsequent to the effective
date specified in 4 1, all provisions relating to time of performance and payment shall be
reduced proportionately to account for the reduction of work and services.
B. The parties expressly acknowledge that the State shall not be liable for
payment of work or services, nor for costs or expenses incurred by the Contractor, prior
to the proper execution and approval of this contract.
17.18 Fund Availability. 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.
17.19 Bond Requirement. 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.
4593F Page 11 of 14 Pages
Department or Agency N . KCT
Contract Routing No. 9.2 116 : Weld County : JSC Services e
This is a legal document, legal counsel should be consulted before signing.
17.20 • Indemnification. 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.
17.21 Discrimination and Affirmative Action. 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:
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
4593F Page 12 of 14 Pages
Department or Agency Np...KCT
Contract Routing No. 93- 16 : Weld County : JSC Services
This is a legal document, legal counsel should be consulted before signing.
F. 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.
G. 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.
H. The Contractor will include the provisions, sub—paragraphs (A) through (G), 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.
17.22 Colorado Labor Preference.
A. Provisions of 8-17-101 & 102, C.R.S. 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.
B. 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).
17.23 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.
4593F Page 13 of 14 Pages irf
�% `r
Department or Agency N9AKCT
Contract Routing No. 93 116 : Weld County : JSC Services
This is a legal document, legal counsel should be consulted before signing.
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.
17.24 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.
17.25 The signatories hereto aver that they are familiar with 18-8-301, ea. seq. (Bribery
and Corrupt Influences), and 18-8-401, gt. ;gq. (Abuse of Public Office), C.R.S. 1978
Replacement Vol., and that no violation of such provisions is present.
17.26 The signatories aver that to their knowledge, no state employee has a personal or
beneficial interest whatsoever in the service or property described herein.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the
day first above written.
THE COMMISSIONERS OF WELD COUNTY STATE OF COLORADO
Roy Romer/ Governor / 7
By: j`d -/ By: / /i �j f r-+/
BY:
Ex�ecutive Oire or
Title: Chairman 'Department of Labor and Employment
Federal Tax ID: 84-6000813
Attest (Seal ) Lyne%
e
7
i
By: 4 ,% — -- ,,
Corporate Secretary or .EEquixalent-
APPROVALS:
ATTORNEY GENERAL DIVISION OF ACCOUNTS AND CONTROL:
By: By:
State Controller
'O"`
4593F Page 14 of 14 Pages
EXHIBIT A
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive
Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510,
Participants' responsibilities. The regulations were published as Part VII of
the May 26 1988 Federal Register (pages 19160-19211 ).
(BEFORE COMPLETING CERTIFICATION, READ ATTACHED INSTRUCTIONS
WHICH ARE AN INTEGRAL PART OF THE CERTIFICATION)
(1 ) The prospective recipient of Federal assistance funds certifies, by
submission of this proposal, that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the prospective recipient of Federal assistance funds is unable to
certify to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
GEORGE KENNEDY. CHAIRMAN. WELD COUNTY BOARD OF COMMTSSTONFRS
Name And Title Of Authorized Representative��r2a#_ g iu_ l7,
Sig na to r U/�� Date
ATTEST: I‘d49
WELD_COUNTY CLERIC/TO THE BOARD
BY:
DEPulY CLERK TO THE BOARD
Page 1 of 2
a_i,-, 139
•
Iastrtcticos for Certification
1. 51 sgirg and swtmittirg this proposal, the prospective recipient of Federal assistance ce ftatis is
providing the certification as set cut below.
2. The certification in this ria"ee is a material representation of fact upon which reline was plarw'
when this trarsaction was entered into. Lf it is later detewlned that the prospective recipient of
Ft assistance flnts laowirgly re-eared an errne lea certification, in addition to other remedies
available to the Federal Goverment, the Department of Labor (DGL) may pursue avnitahle remedies,
irniudug suspension and/or debarment.
3. The prospective recipient of Federal assistance funds shall provide ierrediate written notice to the
person to which this propceal is submitted if at any tine the prospective recipient of Federal assistance
flubs learns that its certification was erroneous laden submitted a' has be ae error's= by reason of
ganged circumstances.
4. The terms "covered transaction," "debarred," "suspended," "inelilr.ble," "lane' tier covered
transaction," participant," "person," "primary covered trar'sactial," prirripal," "proposal," and
"voluntarily excluded," as used in this rlaiLee, have the meani.rgs set art in the Definitions and Coverage
sections of rules implementirg Frecutive Order 12549. You may contact the person to which this proposal
is egg-flitted for assi.starre in obtaining a copy of throe r'egulatiors.
5. The prospective recipient of Federal assistance funds agrees by sttmittirg this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly ester into any lower tier
covered transaction with a person stn is debarred, upended, declared ineligible, a'voluntarily
e cciuded fry participation in this covered transaction, unless anthar.2ed,by the DOL.
6. The prospective recipient of Federal ear:stance fronds feather agrees by st-' dttirg this proposal that
it wD:l irtlude the cla,'ea titled "Certification Regarirg Debarment, 3J4De'slon, Tnel4gihility and
Voluntary Exclusion - Timer Tie' Catered Transactions," wdthart reAlrication, in all lower tier covered
transactions and in all solicitations for lower tier cowered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in
a be tier cowered transaction that it is not debarred, saspended, ineligible, or voltutar^'y exuded
from the covered transaction, unless it lmaas that the certification is erroneous.
A participant may decide the method and frequery by chicz it determines the el igbility of its
prinrinele. Each participant may but is art required to check the List of Parties Excluded from
Procurmant or Nonrcotaement
8. Nothing ''ai+ded in the foregoing sheer' be canstraed to require establia'ment cf a systes of roars
in tier to retie' in good faith the certification required by this r1;nlee. The knowledge and
information of a participant is not r'egtzred to exceed that vaicn is army possessed by a potent
person in the ordinary cone of hisiness dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in.a
catered transaction knocurgly etes into a lane' tie' covered transaction with a person win is
suspended, debart, ineligible, or voluntary excluded from participation in this transaction, in
addition to other remedies available to the Federal Goverment, the DOL may pine avai'ahl a remedies,
i nrl w di now suspension art/o' debarment.
Page 2 of 2
ME(YIORAflDUM
Wilk To The Weld County Board of f) ,F June 17, 1992
Commissioners
COLORADO Frnrm Walter J Speckman, Human Resources Executive Director_
_Fiscal Year1992 Job Service Contract
Enclosed for Board review and approval is the Job Service Contract with the
Colorado Department of Labor and Employment.
The Contract states the following:
1. The term is for the Fiscal Year 1992, beginning July 1, 1992, and ending
June 30, 1993.
2. The contract amount is $198,287.00. There has been a 3% increase in funding
for Fiscal Year 1992.
If you should have any questions or concerns regarding the attached Contract,
please telephone me at 353-3816.
June 15, 1992
MEMORANDUM Aylr
TO: Clerk to the Board
FR: Susan Talmadge, Human -kesources
RE: Fiscal Year 1992 Job Service Contract
Enclosed for Board approval are three (3)
copies of the above mentioned Contract.
Please return all three (3) copies once
they have been signed as all copies need
to go to Denver for signature.
If you have any questions, please telephone
Linda Perez at 353-3816.
•
E , _ 420539
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