HomeMy WebLinkAbout930437.tiff RESOLUTION
RE: APPROVE SUMMER JOB HUNT 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 Summer Job Hunt Contract
between Weld County, Colorado, and the Colorado Department of Labor and
Employment, commencing May 1, 1993, and ending August 15, 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 Summer Job Hunt Contract between Weld County,
Colorado, and 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 May, A.D. , 1993, nunc pro tunc
May 1, 1993. aa
Liid BOARD OF COUNTY COMMISSIONERS
ATTEST: n,�r U//LZ� /( WELD COUNTY, COLORADO
Weld County Clerk to the Board `
fi
� � � onstance L. Harbert, Chairman
BY: • ' _'/ � ��' EXCUSED DATE OF SIGNING (AYE)
Deputy Clerk to the Boa W. H Webster, Pro em
APPR AS TO FORM: `.4"a c ti. t1
I� rge Baxter
County AttorAey <, ----Dale K. Hall
/Barbara J. Kirkmey r O
930437
', 7 CC , iii ,
Department or Agency No. KAA
Contract Routing No. 93 73: Weld County Summer Job it
This is a legal document, legal counsel should be consulted before signing.
CONTRACT
THIS CONTRACT is made this 21st day of April 1993, 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, Suite 800
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
Number 100, Orgn 4111, Appr 306, Prog 1100, Function 7500, GBL 3212, and Contract
Encumbrance Number e 5'30.7 73 ; and
WHEREAS, required approval, clearance and coordination has been accomplished from
and with appropriate agencies; and
WHEREAS, the Contractor is a sole source entity for the delivery of employment
services in Weld County, pursuant to the parties' previous contract (DOLE #91-76); and
WHEREAS, the Governor's Summer Job Hunt is a special summer program designed to
assist young people, ages 16 to 21, to obtain summer employment.
NOW THEREFORE, it is hereby agreed that
1. TERM: This Contract shall be effective on May 1, 1993, through August 15, 1993.
2. The Contractor shall establish within Weld County a Summer Job Hunt Office and
provide the following services:
A. Reception services and acceptance of applications.
B. Assistance in completing applications.
C. Common assessment and appraisal of each applicant including the
determination of the appropriateness of subsidized vs. non—subsidized job referral for each
applicant, as well as a determination of services needed by the client and arrangements
for such services as available.
D. Select and refer, where appropriate, qualified youth applicants for available job
vacancies (subsidized and non—subsidized) in Weld County.
E. Follow up with each job referral and verify actual placement or the lack of
placement for each referral.
4858F 930437
Pages 1 of 9 Pages
Department or Agency No. KAA
Contract Routing No. 93 !73: Weld County Summer Job it
This is a legal document, legal counsel should be consulted before signing.
F. Work with other local cooperating agencies in planning and implementing an
employer relations and employer contact program to develop jobs for participants in the
Summer Job Hunt Program.
G. Accept Job Orders provided by the Colorado Alliance of Business according to
the pre—arranged procedures. The Employer Relations Unit of the Contractor shall be
responsible for all employer relations. The ES-514A Job Order Form shall be used for job
orders.
H. Follow the procedures as outlined in the State's Summer Job Hunt 1992
Departmental Letter.
I. Utilize the concept of "Youth Helping Youth" to operate a "labor exchange"
program. The Contractor shall assign staff members to operate the Summer Job Hunt and
Summer Youth Employment and Training programs.
J. Abide by the State's Code of Ethics, Gratuity and Credit for Placement Policy
Statement, and Confidentiality of Records Policy, attached hereto, made a part hereof,
and marked Attachment A.
K. Refer youth to Job Search Skills training.
L. Provide counseling services or referral to existing counseling services within
Weld County as needed by Summer Job Hunt Program applicants.
M. Explore and make available opportunities for work experience to qualified
Summer Job Hunt program applicants.
3. The Contractor shall perform the services outlined in paragraph 2 and satisfy the
following performance standards.
A. 400 youth shall be placed in non—subsidized jobs.
B. 250 youth shall be provided Job Search Skills.
4. The Contractor shall invoice the State for actual costs incurred in performance of
this Contract. The invoice should detail each cost by source (supplies, rent, personnel,
etc.) and amount. Invoices shall be sent to: Department of Labor and Employment,
Controller's Office, 600 Grant St., Suite 800, Denver, CO 80203-3528, Attn: Invoice for
Contract 93-0273, Weld County Summer Job Hunt, Enclosed.
5. The State shall, upon receipt of a proper invoice and verification of services
performed, reimburse the Contractor for costs incurred in the performance of this
Contract. Under no circumstances shall the State's obligation to reimburse the
Contractor, or payment thereof, exceed Five Thousand Five Hundred and No/100 Dollars
($5,500.00).
6. GENERAL PROVISIONS.
A. Legal Authority. The Contractor warrants that it possesses the legal authority
to enter into this Contract. The person or persons signing this Contract or any
attachments hereto on behalf of the Contractor also warrants that they have full
authorization to execute this contract and any attachments hereto.
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Pages 2 of 9 Pages 930437
Department or Agency No. KAA
Contract Routing No. 93 73: Weld County Summer Job " it
This is a legal document, legal counsel should be consulted before signing.
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
witholding, shall provide and keep in force workers' 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) Unless otherwise provided, the State shall establish billing procedures and
reimburse the Contractor for actual, reasonable and necessary expenses incurred in
providing services pursuant to this Contract, based on the submission of monthly itemized
expenditure statements.
(2) Payments pursuant to this Contract shall be made as earned, in whole or
in part, from available State funds encumbered for the purchase of the described
services. The liability of the State, at any time, for such payments shall be limited to the
amount of such encumbered funds remaining.
(3) In the event this Contract is terminated, final payment to the Contractor
may be withheld at the discretion of the State until the State tenders final acceptance of
the Contractor's performance or completion of a final audit by the State.
(4) Incorrect payments to the Contractor due to omission, error, fraud, or
defalcation shall be recovered from the Contractor either by the Contractor reimbursing
the State or by deduction from subsequent payments under this Contract or other
contracts between the State and the Contractor, or by the State as a debt due to the
State.
E. Confidentiality of Records.
(1) In the event the Contractor shall obtain access to any records or files of
the State in connection with, or during the performance of, this Contract, the Contractor
shall keep such records and information confidential and shall comply with all laws and
regulations concerning the confidentiality of such records to the same extent as such laws
and regulations apply to the State.
(2) If the contract is subject to the Colorado Employment Security Act
(CESA), Articles 70 to 82 of Title 8, C.R.S., then the Contractor shall be considered an
agent of the State only for the purposes of the confidentiality requirements of CESA, and
agrees to be bound by all confidentiality requirements of CESA.
(3) Contractor agrees to notify and advise in writing, all employees, agents,
consultants, licensees, or subcontractors 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
Contract as an employee, agent, consultant, licensee or subcontractor of the Contractor,
as the case may be.
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330437
Department or Agency No. KAA
Contract Routing No. 93- 73: Weld County Summer Job I t
This is a legal document, legal counsel should be consulted before signing.
(4) Any breach of confidentiality by the Contractor or third-party agents of
the Contractor shall constitute good cause for the State to cancel this Contract, without
liability; any and all information delivered to the Contractor shall be returned to the
State.
(5) Any State waiver of an alleged breach of confidentiality by the
Contractor or third-party agents of the Contractor is not to imply a waiver of any
subsequent breach.
F. Ownership of Materials and Information. The Contractor agrees that all
material, information, data, computer software, documentation, studies, and evaluations
produced in the performance of this Contract is the sole property of the State.
G. Reporting.
Unless otherwise provided, and regarding Contracts with terms longer than
three (3) months, 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. Required reports shall
be submitted to the State not later than the end of each calendar quarter and upon the
expiration and termination of the contract, or at such time as otherwise specified.
H. Records.
(1) The Contractor shall maintain a complete file of all records, documents,
communications, and other materials which pertain to the operation of programs or the
delivery of services under this Contract. Such materials shall be sufficient to properly
reflect all direct and indirect costs of labor, materials, equipment, supplies, and services,
and other costs of whatever nature for which a contract payment was made. These
records shall be maintained according to generally accepted accounting principles and
shall be easily separable from other Contractor records.
(2) All such records, documents, communications, and other materials shall
be the property of the State and shall be maintained by the Contractor, in a central
location and custodian, on behalf of the State, for a period of three (3) years from the
date of final payment under this Contract, or for such further period as may be necessary
to resolve any matters pending (including audits performed by the Federal government).
I. Performance Monitoring.
(1) Contractor shall permit the State, the U.S. Department 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. Contractor shall submit a copy of the County's Annual Audit Report to the State
upon its issuance. Annual Audit Reports shall be sent to: Department of Labor and
Employment, Controller's Office, 600 Grant St., Suite 800, Denver, CO 80203-3528.
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930437
Department or Agency No- KAA
Contract Routing No. 93- 73: Weld County Summer Job I Lt
This is a legal document, legal counsel should be consulted before signing.
(2) The Contractor authorizes the State to perform audits or inspections of
its records at any reasonable time during the term of this Contract and for a period of
three (3) years following the termination of this Contract.
J. Remedies. In addition to other specified remedial actions, the Executive
Director of the State or his designee may exercise the following remedial actions should
he find the Contractor substantially failed to satisfy or perform the duties and obligations
in this Contact. 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:
(I) Withhold payment to Contractor until the necessary services or
corrections in performance are satisfactorily completed;
(2) Request the removal from work on the Contract of 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;
(3) Deny payment for those services or obligations which have not been
performed and which due to circumstances caused by Contractor cannot be performed or
if performed would be of no value to the State. Denial of the amount of payment must be
reasonably related to the amount of work or performance lost to the State; or
(4) Terminate the Contract immediately without the required notice and
without compensation for termination costs.
K. Non—Assignability. Unless otherwise provided, the duties and obligations of the
Contractor cannot be assigned, delegated, nor subcontracted except with the express
written consent of the State. Subcontracts permitted by the State shall be subject to the
requirements of this Contract, and the Contractor is responsible for the performance of
any subcontract. In addition, except as otherwise provided, this Contract shall inure to
the benefit of and be binding upon the parties hereto and their respective successors and
assigns.
L. Litigation. Unless otherwise provided, the Contractor shall notify the State,
within five (5) days after being served with a summons, complaint, or other pleading in a
case which involves services provided under this Contract and which has been filed in any
Federal or State court or administrative agency, and shall deliver copies of such document
to the State.
M. Termination. The State shall have the right to terminate this Contract by
giving the other party thirty (30) days notice by certified or registered mail, return
receipt requested. If notice is so given, this Contract shall terminate on the expiration of
the thirty days, and the liability of the parties hereunder for further performance of the
terms of this Contract shall thereupon cease, but the parties shall not be released from
the duty to perform their obligations up to the date of termination.
N. Severability. To the extent that this Contract may be executed and
performance of the obligations of the parties may be accomplished within the intent of
the Contract, the terms of this Contract are severable, and should any term or provision
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930437
Department or Agency No_ KAA
Contract Routing No. 93- 73: Weld County Summer Job I it
This is a legal document, legal counsel should be consulted before signing.
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.
O. Entire Understanding. This Contract is intended as the complete integration of
all understandings between the parties. No prior or contemporaneous addition, deletion,
or other amendment hereto shall have any force or effect whatsoever, unless embodied
herein in writing. No subsequent novation, renewal, addition, deletion, or other
amendment hereto shall have any force or effect unless embodied in a written contract
executed and approved pursuant to the State Fiscal Rules.
P. Notice Procedure. All notices required and permitted pursuant to this Contract
shall be in writing and shall be deemed given when personally served or three (3) days
after deposit in the United States Mail, postage prepaid, registered or certified, return
receipt requested, and addressed to the following parties or to such other address as has
been designated by a notice complying with the foregoing requirements.
CONTRACTOR: IsiL_Gene_13tantnectainitati Ms. Constance L. Harbert
Board of County Commissioners of Weld County
1151 North 17th Avenue
P.O. Box 1805
Greeley, CO 80632
STATE: Mr. Melvin Madden, Chief Financial Officer
Department of Labor and Employment
600 Grant Street, Suite 800
Denver, CO 80203-3528
Q. 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.
R. 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.
S. Bond Requirement. If this contract involves the payment of more than Fifty
Thousand and No/Dollars ($50,000.00) for the construction, erection, repair, maintenance,
or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public
work 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 upon 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
4858F
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930437
Department or Agency No. KAA
Contract Routing No. 93 73: Weld County Summer Job ' it
This is a legal document, legal counsel should be consulted before signing.
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.
T. 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.
U. 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 1988 Repl. Vol. 10A, as amended), and as required by Executive Order,
Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, during
the performance of this contract, the contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant
for employment because of race, creed, color, national origin, sex, marital status,
religion, ancestry, mental or physical handicap, or age. The Contractor will take
affirmative action to insure that applicants are employed, and that employees are treated
during employment, without regard to the above mentioned characteristics. Such action
shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer, recruitment or recruitment advertising; lay-offs or terminations; rates of pay or
other forms of compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth provisions of
this non-discrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, creed, color, national origin, sex,
marital status, religion, ancestry, mental or physical handicap, or age.
(3) The Contractor will send to each labor union or representative of
workers with which he has collective bargaining agreement or other contract or
understanding, notice to be provided by the contracting officer, advising the labor union
or workers' representative of the Contractor's commitment under the Executive Order,
Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules,
regulations, and relevant Orders of the Governor.
(4) The Contractor and labor unions will furnish all information and reports
required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16,
1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and
will permit access to his books, records, and accounts by the contracting agency and the
office of the Governor or his designee for purposes of investigation to ascertain
compliance with such rules, regulations and orders.
(5) A labor organization will not exclude any individual otherwise qualified
from full membership rights in such labor organization, or expel any such individual from
4858F
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930437
Department or Agency No. KAA
Contract Routing No. 9: 273: Weld County Summer Job " mt
This is a legal document, legal counsel should be consulted before signing.
membership in such labor organization or discriminate against any of its members in the
full enjoyment of work opportunity, because of race, creed, color, sex, national origin, or
ancestry.
(6) A labor organization, or the employees or members thereof will not aid,
abet, incite, compel or coerce the doing of any act defined in this contract to be
discriminatory or obstruct or prevent any person from complying with the provisions of
this contract or any order issued thereunder; or attempt, either directly or indirectly, to
commit any act defined in this contract to be discriminatory.
(7) In the event of the Contractor's non—compliance with the
non—discrimination clauses of this contract or with any of such rules, regulations, or
orders, this contract may be cancelled, terminated or suspended in whole or in part and
the Contractor may be declared ineligible for further State contracts in accordance with
procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action,
dated April 16, 1975 and the rules, regulations, or orders promulgated in accordance
therewith, and such other sanctions as may be imposed and remedies as may be invoked as
provided in Executive Order, Equal Opportunity and Affirmative Action, dated April 16,
1975, or by rules, regulations, or orders promulgated in accordance therewith, or as
otherwise provided by law.
(8) The Contractor will include the provisions, subparagraphs (1) through (7)
of Section U of this Contract, in every subcontract 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 subcontracting or purchase order as the contracting agency may direct, as
a means of enforcing such provisions, including sanctions for non—compliance; provided,
however, that in the event the Contractor becomes involved in, or is threatened with
litigation, with the subcontractor or vendor as a result of such direction by the
contracting agency, the Contractor may request the State of Colorado to enter into such
litigation to protect the interest of the State of Colorado.
V. Colorado Labor Preference.
(1) Provisions of 8-17-101 & 102, C.R.S. (1986 Repl. Vol. 3B) for preference
of Colorado labor are applicable to this Contract if public works within the State are
undertaken hereunder and are financed in whole or in part by State funds.
(2) When a construction contract for a public project is to be awarded to a
bidder, a resident bidder shall be allowed a preference against a non—resident bidder from
a state or foreign country equal to the preference given or required by the state or
foreign country in which the non—resident bidder is a resident. If it is determined by the
officer responsible for awarding the bid that compliance with this subsection may cause
denial of federal funds which would otherwise be available or would otherwise be
inconsistent with requirements of federal law, this subsection shall be suspended, but only
to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency
with federal requirements (Sections 8-19-101 and 102 C.R.S. 1986 Repl. Vol. 3B), as
amended.
W. The laws of the State of Colorado and rules and regulations issued pursuant
thereto shall be applied in the interpretation, execution, and enforcement of this
contract. Any provision of this contract whether or not incorporated herein by reference
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930437
Department or Agency No. KAA
Contract Routing No. 93 '73: Weld County Summer Job ' zt
This is a legal document, legal counsel should be consulted before signing.
which provides for arbitration by any extra—judicial body or person or which is otherwise
in conflict with said laws, rules, and regulations shall be considered null and void. Nothing
contained in any provision incorporated herein by reference which purports to negate this
or any other special provision in whole or in part shall be valid or enforceable or available
in any action at law whether by way of complaint, defense, or otherwise. Any provision
rendered null and void by the operation of this provision will not invalidate the remainder
of this contract to the extent that the contract is capable of execution.
X. At all times during the performance of this Contract, the Contractor shall
strictly adhere to all applicable federal and state laws, rules and regulations that have
been or may hereafter be established.
Y. The signatories hereto aver that they are familiar with Sections 18-8-301, et.
seq., (Bribery and Corrupt Influences) and 18-8-401, et. seq., (Abuse of Public Office),
C.R.S. 1986 Repl. Vol. 9B, as amended, and that no violation of such provisions is present.
Z. The signatories aver that to their knowledge, no state employee has a personal
or beneficial interest whatsoever in the service or property described herein.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the
day first above written.
CONTRACTOR: STATE OF COLORADO
Weld County Board of Commissioners Roy Romer, Gov
/By: L •s`g1i12 C!/�% 1G S '4
05 19/93
Title: epartment of Labor and Employment
Chairman
Federal Tax ID:
84-660000813
Attest (Seal )
By:
Corporate Sec et ry or Equiv le t
APPROVALS:
ATTORNE y GENERAL DIVISION OF ACCOUNTS AND CONTROL
Clifford W. Hall, State Controller
N
By: By�� Th7-56 53
VID KAYE Melv n Madden, Date
FIR.. ASSIST ATTORNEVGENERA
At SERVIt IS State Controller Designee
..._
4858F
Pages 9 of 9 Pages 930437
MEMORANDUM FOR CERTIFICATION
OF COMPLIANCE WITH
STATE OF COLORADO EMPLOYMENT POLICIES
Attached hereto are the following materials related to standards, rules and guidelines for
those persons who are volunteers in employment or agents of the Colorado Division of
Employment.
1. Code of Ethics
2 Gratuity and Credit for Placement Policy
3. Confidentiality of Records Policy
Please make yourself thoroughly familiar with the contents ot..each document prior to
certifying your understanding of each portion, its intent and the penalties for non-
compliance.
Your signature constitutes an understanding and agreement to abide by the stated
policies.
Signed-
4
Date:
930437
�1c� a
EXECUTIVE ORDER
INTEGRITY IN GOVERNmE N7
FOR COLORADO STATE EXECUTIVE BRANCH EMPLOYEES
WHEREAS, public confidence in the integrity of the
Government of the State of Colorado is of utmost importance; •
WHEREAS, employees of the executive branch of government.
must discharge the duties of their office in an independent and
impartial manner;
WHEREAS, executive branch employees should demonstrate the
highest standard of personal integrity and honesty;
WHEREAS, qualified individuals should be .encouraged to
serve in state government and have equal opportunities with all
citizens to develop private economic and social interests;
•
WHEREAS, executive branch eW^ployeees should not realize
undue personal gain from the performance of any official duties;
•
WHEREAS, -•-••tive branch a tloyees should support equal
emoi oyment oppertuni ti es by recruitment, selection, and aavancemert:
of qualified persons from all elements of our society; and
WHEREAS, all executive branch employees should treat the-
public with respect, courtesy, and dignity.
•
NOW, THEREFOR_, I, Governor Roy Romer, order as follows: -
• COO? OF _ir.:CS
•
.Each' person in public office in the execr_i've branch of ;over snt:
. • 1 )' Shall serve the public with respect, concer,., courtesy,
•
and responsiveness;
Z) Shall demonstrate the highest standards of personal
integrity, truthfulness, and honesty and. shall t.:.ouch
personal conduct inspire public•confidence and trust in-
-
Government;
-) Shall -ecoonize that personal gains from public office
are limited to rdspect, recognition, salary, and normal
emaioye_ benefit_;
•
4) Snell not use pudic office to bestow any preferential
benefit on anyone related to the public official by
family, business , or social reiationshi^•
•
930437
5) Shall not disclose or use or allow others to use
confidential information acquired by virtue of state
employment-for private gain;
6) Shall not accept any fee, compensation, gift, payment
- of expenses, or any other thing of monetary value,
• under circumstances in which the acceptance may result
in:
(a) An undertaking to give preferential treatment to
any 'person;
lb) Any loss of complete independence or impartiality;
or
(c) The mating of a governmental decision outside -
official channels.
7) Shall not engage in outside employment unless the.
•
outside emo l oyment is disclosed to the Governor or the •
• employee' s immediate supervisor and. the - outside
employment does not interfere with the performance of
rate duties;
•
8) Shall not use state time, property, equipment or
supplies for ;crate gain;
9) Shall carry out all duties as a public servant by
exposing corruption in goverment wherever discover_c;
. - and
-TO) Shall support equal access and emmloyment opportunities •
-
• in State Goverment by all ci t _sns of the State of
Colorado regardless of agee.
r sex, rase, ethnic or
national origin.
r__ COMPLIANCE IAi•IC"c WIT= CO:'c Or ETHICS
i ) All executive branch employes stall abice by the
• foregoing Cace of Ethics
Z) All heads of each executive department and senior staff
members of the Governor' s Office shall sign a
certificate under oath in a form attached as Exhibit A
verifying •
vthat they have read the foregoing. Code of
• Ethics and that they will comply with the Coce of
Ethics in the discharge of their official duties.
• I) All head= of each executive department and senior staff
members of the Governor' s Office snail comolete a •
- • questionnaire in the form attached as axi b i t S and
submit the questionnaire to the 6oard• of .ics.
930437,.
III. BOARD OF ETHICS
An independent Board of Ethics is hereby created consisting
of five members to be appointed by and serve at the pleasure of the
Governor. The Board of Ethics shall undertake the following duties:
1 ) Review the questionnaire submitted by heads of the
executive departments and senior staff, and if the
Board deems it necessary, advice the Governor and
the person submitting the questionnaire on any
potential conflict of interest.
2) Uoon written request of the Governor, the Board
shall review a complaint of any breach of ethics in_
State Government. The Board shall report and make
reco=endations to the Governor on any alleged
breach of ethics.
ORDERED tnat the Executive Orders of September_ 1_, 195E,
' . May 25, 1274, May 22, 1974. July Z5, 1975 and Marsh 28, 1980
ing et=ics in the executive branch of government are hereby
- . superc_ced and replaced by this Executive- Order.
GI'r_H under my hand and. the
'Executive Seal of the State of
Col orado the 10th day of rebrua_r,
.5t_a- � � ` . -T 1987.
r •t�� t: ����"`_��r���:J toy rc , Loverncr
•
•
•
•
•
930437
t1
• •
GRATUITIES "VD CREDIT FOR PLACEMENT POL CY STATEMENT
The purpose of this statement is to reiterate the written policy of the Division of
Employment and Training with respect to accurate reporting of placement and the
prohibition against accepting any gratuity or favor for making a placement.
An accurate tabulation must be made of placement. Any misrepresentation as to the
number of placements — either a failure to properly take credit or to take credit for a
placement not made — is not acceptable.
People will make honest mistakes, but a mistake cannot be condoned with regard to the
proper recording of placements. It has always been the policy of the Division of
Employment and Training to immediately terminate any employee who takes credit for
placements not actually made. There are no exceptions to this policy.
Under no condition is any employee, volunteer in employment or agent of the Colorado
Division of Employment and Training to accept a payment, a gratuity, or favor for making
a placement. Any violation of this policy will also result in the termination of services of
the employee violating the policy.
If anyone, at any time, suggests that you in any manner make other than an accurate
record of placements, this fact should be immediately reported by you to the Personnel
Unit_
Division Director
Colorado Division of Employment and
Training
•
•
3865F 930437
• .,
CONFIDENTIALITY OF RECORDS
The State, by and through the Department of Labor and Employment, Division of
Employment and Training, designates the Volunteer and any and all of its agents,
servants and workers as °agents° ofthe Colorado Division of Employment for purposes
of confidentiality pursuant to Section 8-72-107 CRS 1973.
Except for releasing information for the purpose of conducting normal placement
and counseling activities, all other requests must be cleared through the local office
manager.
Section 8-72-107 CRS 1973 states in part that information obtained from any
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 the
individual's or employing unit's identity". This section provides fines and imprisonment
for violation of its provisions.
930437
mtmORAnDunl
WilkWeld County Board of Commissioners
Co at
To nstance L. Harbert De May 12, 1993
COLORADO From Walter J. Speckman, Human Resources Executive Director ti (J
Subject:SUM er Job Contract Approval
Enclosed for Board review and approval is the Summer Job Hunt Contract
with the Colorado Department of Labor and employment.
The summer program, through the Job Services, will place 400 youth
participants in non-subsidized employment, with 250 of the youth receiving
job search skills. Funding for the summer program will be in the amount of
$5,500.00
The performance period for the Summer Job Hunt is May 1, 1993 through
August 15, 1993.
If you have any questions, please telephone me at 353-3816.
930437
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