HomeMy WebLinkAbout940471.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT BETWEEN HUMAN RESOURCES' EMPLOYMENT
SERVICES AND COMPUTER SYSTEMS DESIGN COMPANY 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 Purchase of Services Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Division of Human
Resources' Employment Services of Weld County, and the Computer Systems Design
Company, commencing June 1, 1994, and ending June 30, 1996, with further terms
and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said
agreement, 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 Purchase of Services Agreement between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Weld County Division of Human Resources' Employment
Services of Weld County, and the Computer Systems Design Company be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 23rd day of May, A.D. , 1994.
ATTEST:
D /I BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board 19 it/ 'l/./s1y3`r° \'?/j'
H. We Ch•ir
BY: SC - (
� A.. g L �i�� ct � , i
eputy Clerk Eo the Board Dale.K. Ha , -. •m
APPROVED AS TO FORM: )) � '"
Geo9e E Baxter
/f-�,1��xe,G�
oun y Attorney Constance L. Harbert
/
/ 7
/ Barbara J. Kirkme er
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PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of June ,
1994, by and between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of
the Weld County Division of Human Resources ' Employment Services of Weld
County, hereinafter referred to as "Employment Services, " and Computer
Systems Design Company, hereinafter referred to as "CSDC. "
WITNESSETH:
WHEREAS, Employment Services offers employment and training
services to unemployed, underemployed, and economically disadvantaged
youth and adults of Weld County, and
WHEREAS, Employment Services receives authority from the Wagner-
Peyser Act, the Job Training Partnership Act, and Health and Human
Services Waivers to provide a management information system for the
purposes of monitoring and documenting services under its employment and
training programs, and
WHEREAS, Employment Services desires to expand its management
information system to meet the standards set by law and regulation, and
WHEREAS, CSDC had developed software and assembled Digital
Equipment Corporation VAX (Virtual Address Extended) hardware on which
is operated a comprehensive Job Training Partnership Act management
information system currently under license to the states of Alaska,
Ohio, and Colorado and their Service Delivery Areas (SDA's) , and
WHEREAS, CSDC has assisted Employment Services in developing a
computer system that meets their management information system
requirements for the Wagner-Peyser Act, Job Training Partnership Act,
and Health and Human Service Waivers .
NOW THEREFORE, in consideration of the premises, the parties hereto
covenant and agree as follows :
1 . CSDC Responsibilities :
CSDC agrees to:
a. Continue to make operational, a computer system which provides
Employment Services with the functions of its existing computer
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system and provides for a management information system to meet
the requirements under Wagner-Peyser Act, Job Training
Partnership Act, and Health and Human Services waivers.
b. Provide Employment Services with the use of the maintenance of
a 56 KB DSU/LSU and associated statistical multiplexer in order
to connect and operate 22 CRT terminals and two system
printers .
c. Provide Employment Services with maintenance of the system
software and update the software as changes are made by the
Colorado Department of Labor and Employment.
d. In the event that Employment Services relocates, CSDC will
reinstall the modem and multiplexer and reconnect the computer
system at no charge.
e. Continue its "DECservice" maintenance contract with the Digital
Equipment Corporation on the equipment in CSDC's computer
center so as to provide reliable computing service for the
duration of this Agreement.
f. Continue with "Recover-all" insurance with the Digital
Equipment Corporation for disaster recover for the duration of
this Agreement.
g. Advise its personnel, agents, servants, and subcontractors, if
any, that all records established or maintained in the computer
system are confidential and are subject to government
confidentiality requirements .
h. Troubleshoot telephone line problems and advise Employment
Services whether the problem needs to be reported to the
telephone company.
2 . Employment Services Roles and Responsibilities :
Employment Services agrees to:
a. Provide all CRT workstations and printers for the computer
system and be responsible for continuing maintenance for this
equipment.
b. Provide all cable and connectors for the computer system.
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c. Be responsible for paying the telephone company for the 56 KB
DDS circuit. In the event that Employment Services relocates,
it will be responsible for paying the telephone company for
moving the 56 KB DDS circuit.
d. Report telephone line problems to the telephone company, upon
the advice of CSDC after it has completed the necessary
troubleshooting procedures .
e. Be responsible for acquisition of all necessary consumable
supplies such as ribbon, toner, etc.
3 . Term:
The term of this Agreement shall be from a period from the date
first written above to June 30, 1996 .
4 . Budget Statement:
a. Employment Services shall, upon receipt of proper invoice,
reimburse CSDC a sum of $4,300 per month for the performance
under this Agreement. Invoices are to be sent to Weld County
Division of Human Resources, Fiscal Department, P.O. Box 1805,
Greeley, Colorado.
b. All financial obligations of Employment Services are hereby
made expressly conditional upon funds being appropriated,
budgeted, and otherwise made available to Employment Services
by the State of Colorado. In the event that such funding is
terminated, CSDC hereby agrees to release Employment Services
from all liability whatsoever, and will not hold Employment
Services responsible for payment of any costs or expenses
incurred by CSDC in reliance upon this Agreement.
5. Modification:
All modifications to this Agreement shall be in writing and signed
by both parties .
6 . Termination:
This Agreement may be terminated at any time by either party giving
180 calendar days written notice to the other party, and is subject
to availability of funding as noted in Section 4 . b. of this
Agreement.
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7 . Ownership:
In the event that either party elects to terminate this Agreement,
CSDC shall provide Employment Services with a current copy of all
Employment Services data and the JTPA system executable code and
file and record layouts . In consideration for CSDC's agreement to
provide Employment Services with the JTPA software, Employment
Services agrees not to sell or otherwise distribute the software to
third parties for use outside Weld County.
8. Assignment:
This Agreement shall be binding upon the parties hereto, their
successors, heirs, legal representatives, and assigns . CSDC may
not assign any of its rights or obligations hereunder without the
prior written consent of Employment Services .
9 . Assurances :
Assurances are described in Attachment A.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement as of the day, month, and year first above written.
THE BOARD OF COUNTY COMMISSIONERS COMPUTER SYSTEMS DESIGN COMPANY
OF WELD COUNTY, COLORADO
V,/ cal ))a^r)).11 n ' „
W. H. Webster, Chairman o-icid7V John D. Nebel
ATTEST: L / /O9G'Gt
Weld Coun y Clerk to the Board
Mn
By: C (Icy L-- gPn
Deputy Clark to the Board
WELD COUNTY IV SION OF HUMAN RESOURCES
Walt, . Speckman, Executive Director
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Attachment A
Agreement Assurances
1. No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess, nor
shall any portion of this Agreement be deemed to have created a duty of
care with respect to any persons not a party to this Agreement.
2. No portion of this Agreement shall be deemed to create an obligation on the
part of the County of Weld, State of Colorado, to expend funds not
otherwise appropriated in each succeeding year.
3. If any section, subsection, paragraph, sentence, clause, or phrase of this
Agreement is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions. The
parties hereto declare that they would have entered into this Agreement and
each and every section, subsection, paragraph, sentence, clause, and phrase
thereof irrespective of the fact that any one or more sections,
subsections, paragraphs, sentences, clauses, or phrases might be declared
to be unconstitutional or invalid.
4. 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.
5. The Contractor assures that they will comply with the 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 this approved Agreement.
6. The Contractor assures that sufficient, auditable, and otherwise adequate
records, that will provide accurate, current, separate, and complete
disclosure of the status of the funds received under the Agreement, are
maintained for three (3) years or the completion and resolution of an
audit. Such records shall be sufficient to allow authorized local,
Federal, and State auditors and representatives to audit and monitor the
Contractor.
7. The Contractor assures that authorized local, Federal, and State auditors
and representatives shall, during business hours, have access to inspect
and copy records, and shall be allowed to monitor and review through on-
site visits, all contract activities, supported with funds under this
Agreement to ensure compliance with the terms of this Agreement.
Contracting parties agree that monitoring and evaluation of the performance
of this Agreement shall be conducted by appropriate funding sources. The
results of the monitoring and evaluation activities shall be provided to
the appropriate and interested parties.
8. This Agreement shall be binding upon the parties hereto, their successors,
heirs, legal representative, and assigns. The Contractor or Employment
Services may not assign any of its rights or obligations hereunder without
the prior written consent of both parties.
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Agreement Assurances
Page 2
9. The Contractor certifies that Federally appropriated funds have not been
paid or will not be paid, by or on behalf of the Contractor, to any person
for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, loan, grant, or cooperative agreement.
10. The Contractor assures that it will fully comply with the Job Training
Partnership Act regulations promulgated, and all other applicable Federal
and state laws, rules and regulations. The Contractor understands that the
source of funds to be used under this Agreement are Job Training
Partnership Act funds.
11. The Contractor assures and certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a
Federal department or agency.
b. Have not, within a three-year period preceding this Agreement, been
convicted of, or had a civil judgment rendered against them for
commission of fraud or criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property.
c. Are not presently indicted for or otherwise criminally or civilly
charges by a government entity (Federal, State, or local) with
commission of any of the offenses enumerated in Paragraph 11 (b)) of
this certification.
d. Have not within a three-year period preceding this Agreement had one or
more public transactions (Federal, State, and local) terminated for
cause or default.
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mEmoRAnDum
To gr�
WII'ItB. H. Webster , Chairman Board of County Commissionp May 18, 1994 WIC
`^^'
J
COLORADO From Walter J. Speckman, Executive Director , Human Resources
subject: Purchase of Service Agreement between Employment Services
of Weld County and Computer Systems Design Company (CSDC)
Enclosed for Board approval is a Purchase of Service Agreement between
the Weld County Division of Human Resources ' Employment Services of Weld
County and the Computer Systems Design Company (CSDC) .
CSDC will install, make operational, and provide maintenance of a
computer system to meet the requirements under Wagner-Peyser Act, Job
Training Partnership Act, and Health and Human Services waivers .
Employment Services will reimburse CSDC a sum of $4,300 per month for
performance under this Agreement.
The term of this Agreement is from June 1, 1994 through June 30, 1996 .
If you have any questions, please telephone me at 353-3800.
940471
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