HomeMy WebLinkAbout910995.tiff � � mEMORAIMUM
4\11. 16
To Board
E. Lacy, Chairman
Wilk rd of Weld County Commissioner&t. August 6, 1991 COLORADO From Walter J. Speckman, Executive Director, Human Resources i h
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Purchase of Service Agreement with Computer Systems Design Company
Subject:
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 terms of this Agreement are from August 1, 1991, to
July 31, 1993 .
If you have any questions please telephone me at 353-3816 .
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PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of
August, 1991, 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 has 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 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 .
91099
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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.
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 ribbons, toners, etc.
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3 . Term:
The term of this Agreement shall be for a period from the date
first written above to July 31, 1993 .
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.
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 .
1441)9N
10 . 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
� l Gordon cy, irman fj���91 John D. N bel
ATTEST: l
atiailkh
Weld County Clerk to the Board
BY Deputy
k to the Boa, 1
Deputy C rk to the Board
WELD COUNTY DIVISION OF HUMAN RESOURCES
--
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��GGOO//alt "r J. 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 o£ 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.
CA4 er_iC)t-,
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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