HomeMy WebLinkAbout962123.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICE AGREEMENT BETWEEN HUMAN SERVICES,
EMPLOYMENT SERVICES, AND COMPUTER SYSTEMS DESIGN COMPANY AND
AUTHORIZE CHAIR 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 Service 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 Department of Human Services,
Employment Services, and Computer Systems Design Company, commencing July 1, 1996,
and ending June 30, 1998, 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 Service 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 Department of Human Services, Employment Services, and
Computer Systems Design Company, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 27th day of November, A.D., 1996, nunc pro tunc July 1, 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
4 EQj,�,� : �� ✓�7 ��'Ul/ FxriisFn
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P-a.+ Barbara J. Kirkmeyer, Chair
Iasi O) . C, my Clerk to the Board
C41 ) W
U ,SZeorge'E. Baxter, Pr - em
r Deputy Cle �to the Board - ���� a
Dale K. Hall
A OVED O FOR FxriisFn
Constance L. Harb rt
t Attorney ��
Y �// I l �/ ,2)l a
W. H. ebster
/t6i GSOC 962123
HR0067
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PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT, made and entered into this 15th day of November, 1996, 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 Services 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, 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 Programs.
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 programs.
b. Provide Employment Services with the use of a T1 CSU/DSU and associated router, Ian
interconnect, and terminal servers to connect and operate network-attached PCs and 32
CRT terminals or 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
associated equipment 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.
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96^':23
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 equivalent of a US West circuit.
In the event that Employment Services relocates, it will be responsible for paying the
telephone company for moving the then existing 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. Tenn:
The term of this Agreement shall be from July 1, 1996 through June 30, 1998.
4. Budget Statement:
a. Employment Services shall, upon receipt of proper invoke, 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 Services, Fiscal Department, P.O. Box 1805, Greeley,
Colorado 80632.
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
WELD COUNTY, COLORADO COMPANY \ r�� j
'-urge E. Baxter. /j John D.Neel
E L Pro—Tem /�/9�
p49
■■:"YDY`Q� �"!/G� te I my Clerk to the Board .
III�� Iieputy Cler/to the Board
WELD COUNTY DIVISION OF HUMAN SERVICES
/
Wal r peckman, Executive Director
3
96A' A 3
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.
9621_23
Agreement Assurances
Page 2
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9. The Contractor certifies that Federally appropriated fiords 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.
962121
DATE: November 25, 1996
r'r
TO: Clerk to the
FROM: E. Tedi G rrero
RE: Agreement Between Human Services' Employment Serivces & Computer System
Design Company
Enclosed for the Commissioners approval and signature are 3 original Agreements. After
approval and signature by Commissioners, please return two of the original agreements to
me, and keep the other for your record.
Thank you.
96.-1/: 3
1st rt....t4 mEmoRAnDum
1111€ Barbara J. ld County. Chair
roBoard of Weld County Commissioner�dte November 2v;'1996
lU '
COLORADO From Walt Speckman , Human Services Executive Director
Subject: Agreement Between Human Services'Employment Services and
Computer Systems Design Company (CSDC)
Enclosed for Board approval is a Purchase of Service Agreement between the Weld County
Division of Human Services' Employment Services of Weld County and the Computer Systems
Design Company (CSDC).
CSDC will continue to make operational, and provide maintenance of the computer system to
meet the requirements under the Wagner-Peyser Act, Job Training Partnership Act and Health
and Human Services programs.
Employment Services will reimburse CSDC a sum of$4,300 per month for performance under
this Agreement.
The term of this Agreement is from July 1, 1996 through June 30, 1998.
If you have any questions, please telephone me at 353-3800.
962123
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