HomeMy WebLinkAbout981107.tiff RESOLUTION
RE: APPROVE CONTRACT AMENDMENT #1 FOR ONE STOP CAREER CENTER 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 Contract Amendment #1 for the One
Stop Career Center between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Department of Human Services,
and the Colorado Department of Labor and Employment, commencing July 1, 1998, and ending
June 30, 1999, with further terms and conditions being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Contract Amendment#1 for the One Stop Career Center
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Human Services, and the
Colorado Department of Labor and Employment be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of June, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: V"•� J%i� ��S T a."
•„�� Constance L. Harbert, Chair
Weld County Cler !f '' `
i
W. H. bster, ro-Tem
BY: iiii t_f! •>DhC':y ,�
Deputy Clerk to t apt
eorge . Baxte
ORM:
Da e all
ou
y
me
arbara J. Kirkmeyer
981107
ec , HR/, S fc HR0069
ROYa ROMER of•Coto DEPARTMENT OF LABOR AND EMPLOYMENT
Governor
t4 OFFICE OF THE EXECUTIVE DIRECTOR
FINANCE OFFICE
JON NUMAIR * r, j * 1515 ARAPAHOE ST.,T-2,SUITE 700
Executive Director '''�'" �, DENVER,CO 80202-2117
1876 Ph. 303-620-4434 Fax 303-620-4485
MELVIN MADDEN
Associate Director
for Finance
Ak. i/5t7
1u1y-34, 1998
Connie Harbert
Chair
Board of County Commissioners of Weld County
915 10th Street
P.O. Box 758
Greeley, CO 80632
Re: Transmittal of Fully Executed Original Contract
Dear Ms. Harbert:
I enclose herewith one (1) fully executed original of a Contract and Funding Letter ("Contract") between the
Colorado Department of Labor and Employment and the Board of County Commissioners of Weld County.
If you have any questions, please call me at your convenience at (303) 620-4434.
Sincer
Lisa Eze
Contracts Administrator
end.
cc: Judi Richendifer, Marie Valenzuela; CDLE, AP, Master File
xc: CDLE Contract File No.99-0039
DEPARTMENT OR AGENCY NAME
KAA
CONTRACT ROUTING NUMBER
99-0039
CONTRACT AMENDMENT#ONE
This AMENDMENT, made this 6TH day of JUNE, 1921, by and between the State of Colorado for the
use and benefit of the Department of LABOR AND EMPLOYMENT 1515 Arapahoe Street,Tower
2,Suite 400,Denver,Colorado 80202-2117 hereinafter referred to as"the State", and THE BOARD
OF COUNTY COMMISSIONERS OF WELD COUNTY whose address or principal place of
business is 915 10th Street,P. O. Box 758,Greeley,Colorado 80632, hereinafter referred to as"the
Contractor".
FACTUAL RECITALS
Authority exists in the Law and Funds have been budgeted,appropriated, and otherwise made available,
and a sufficient unencumbered balance thereof remains available for payment in Fund Number 100,
Appropriation Code 309 (Organizational Code 5230 Program Code 1100 Function Code 7500 and
Grant Budget Line Code various)under Contract Encumbrance Number C9801121. The parties entered
into a contract("Original Contract")dated July 1, 1997, more fully described below.
The Original Contract provided for: implementation of the One-Stop Career System in Contractor's
region. The State and the Contractor have mutually agreed that changes to the Original Contract are
now required because of: minor clarifications to the original contract; clarification of the merit
staffing requirements; and changes and additions to the Attachments and Exhibits.
It is the intent of the parties in entering into this Contract Amendment# ONE to: clarify minor items;
clarify the merit staffing requirements; and update the Attachments and Exhibits.
All required approvals, clearances and coordination have been accomplished from and with all
appropriate agencies.
NOW,THEREFORE, it is hereby agreed that:
1. Consideration for this amendment to the Original Contract,CE number C9801121. Contract
Routing number 98-1121. dated July 1, 1997 consists of the payments which shall be made
pursuant to this Amendment and the promises and agreements herein set forth.
2. It is expressly agreed between the parties that this Amendment is supplemental to the Original
Contract, Contract Routing Number 98-1121 dated July 1. 1997,hereinabove referred to as the
"Original Contract,"which is, by this reference, incorporated, made a part hereof, and identified
Page 1 of 5
as"Attachment A". All terms, conditions, and provisions the Original Contract, unless
specifically modified herein, are to apply to this Amendment as though such terms, conditions,
and provisions were expressly rewritten, incorporated, and included herein.
3. It is agreed by and between the parties that the Original Contract is and shall be modified,
altered, and changed in the following respects only':
C DEFINITIONS. For the purposes of this Intergovernmental Contract, the terms or
words listed below shall have the following definitions:
8. "Carrent P 9Winl to .7 ts,l44* 9 mean;44314te#'rat , of tlfe Current State
F494 4t}ru
fn FISCAL MATTERS.
FUND, INGVARitr9YFat:WIT eta . 'n rStateY 4t,I ePe xtaa4r
flits c�sl e n= �4 ., 4d'�4'i i'uAny
0-theiP a"
EXPENS 4 ;. s c titffi ",Yh l d "
1Y-6F:04
1 itRE _.. ? itYed or
re inbllutc,..
46. BILLING PROCESS. The One-Stop Career Center(s) in a region may submit
requests for reimbursement of incurred expenses to the State on a weekly basis.
Requests for reimbursement shall define the amount requested by funding
source. In addition,the cost category,where applicable, shall be defined. If
approved,the State shall release the funds to the Contractor within five(5)
working days after approval of the reimbursement request.
IL STATE-PROVIDED RESOURCES.
3. STATE PERSONNEL. g
°w. 4 irk".3' n"sn t�93..:. � °» ! .�' i-d' °+sd»,4n° . ' -4;!•1.., '' 8
iiit,A",i "+ lit °'_'
BC. Moving Expenses of Affected State Employees. If, as a result of the
implementation of either Phase I or Phase II of the transition to the One-
Stop Shop system,a State employee is required to move or relocate,then
the State shall pay all allowable expenses identified in section 24-50-
134, C.R.S., as amended. If, after the initial move or relocation of a
Deletions to the Original Contract appear in"strikeout" format. Additions to the
Original Contract appear in bold, italicized,capital letters or numbers.
Page 2 of 5
State employee, a region elects to move that State employee to a new
location within that region, then the Contractor shall pay all allowable
expenses identified in section 24-50-134, C.R.S., as amended. Costs for
all subsequent moves or relocations of State employees after the initial
move shall be the responsibility of the region initiating the move or
relocation.
D. Merit Staffing Requirements.° The Contractor shall comply with merit
staffing requirements pursuant to,'but not limited to,the Wagner-Peyser
Aer of LA33,29"U S„C i49,e1 seq a as amended,the Intergovernmental
PetsonnblPrograttts Chpter 62 of Title t2,U S C amended,'and all
assoctatedrules,regulations and poltctest S amended ,These staffing
requirements consttof?butte not linitted'to;-=1}recruiting,selecting,
and advancing employees on tGe baste ofthetr relative ability,
kno*tedga anfl skill's,intludtn n 4*g opesideratiotl of qualified
applicants or tnttial aappotntutentr w2)procidjng equitable and adequate
couipensatipn. l•traltmg employees,?a:"needed#tp assure high-quality
performance ,a etrau tttg employees On thersbasis of the adequacy of
theirperfocmance,,tt4rrecttngiI1adequa ;performance,andseparating
empEP Xdis as
� °h e„�0 e'"perf oxnia nc eanpot Pa 1)fissuring
fittaeatipen fO0- 1CO t ,atS eiti plPIee ui all.aspects of personnel
admtni tract t .51 egitr c5 p6lihea affiliation≥_race,co lor,national
0010ca �' ice. reed>Snd!with'pryr ietregardnferSirprzvacy
atib,,, liffltu t tfta i tsia t; gns,ands � ;orutg.that ertiployees are
Wigged p fs h _rti 000:1047W
argil te,µ +eT°an"i .°..=' °1...kbendiallAtIVMWASOW01
it te"rfet i j ` ° ;ma r,4 _ Ye,rs elae#001#149,0#419 n for
°f tl b: f� iri1 dim °' Y fC. r taCgaag legal
gne g'tltjgs in.a
ina a!Tall e rittli t 4„ii! lrinte{est.
GE. Retention of Independent Payrolls. Current State employees who, after
the transition to the One-Stop Shop system are under the direction of the
Contractor, shall remain on the State's payroll system. The State shall
invoice the Contractor in a given region on a monthly basis for the costs
associated with these State employees. The State reserves the right to
deduct such charges from payments due to the Contractor.
OF. Functional Management of State Employees by the Contractor.
EG. Reduction in Numbers of State Employees.
FH. Membership in Employee Organizations. Employees performing
services under this Contract shall have the right of MI freedom of
association, self-organization, and designation of representatives of their
own choice. Membership in an employee association or union cannot be
required as a condition of employment under this Contract. No
Page 3 of 5
employee may be coerced into joining or not joining any type of
organization against the wishes of that employee. Additionally, no
employee may be contacted by a representative of any employee
organization during working hours for the purpose of soliciting
membership to that employee organization. With the prior consent of an
employee's supervisor,which consent shall not be unreasonably
withheld,representatives of an employee's choice may confer with an
employee at that employee's job site during normal business hours
concerning any matter incidental to that employee's employment
relationship with the State or Contractor. The conference shall be
conducted so as to avoid interference with other employees in the work
unit.
Replacement of Attachments and Exhibits:
Replace Exhibit A with the revised"Exhibit A,Contractor/State Automation Responsibilities".
Add Exhibit D "1998/1999 Wagner-Peyser Allocation".
4. The effective date of this Amendment is July 1. 1998.
5. Except for the "Special Provisions" contained in the Original Contract, in the event of any
conflict, inconsistency,variance, or contradiction between the provisions of this Amendment and
any of the provisions of the Original Contract,the provisions of this Amendment shall in all
respects supersede, govern and control. The "Special Provisions" shall always be controlling
over other provisions in the Original Contract or any amendments thereto. The representations
in the Special Provisions concerning the absence of bribery or corrupt influences and personal
interest of State employees are presently reaffirmed.
6. 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.
7. THIS AMENDMENT 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.
Page 4 of 5
IN WITNESS WHEREOF,the parties hereto have executed this Amendment on the day first above
written.
CONTRACTOR: STATE:
BOARD OF COUNTY COMMISSIONERS STATE OF COLORADO
OF WELD COUNTY Roy Romer,Governor
•
By: By.
Connie Harbert on Num it
Chair (06/29/98) Executive Director
FEIN: 84-6000813 Department of Labor and Employment
ATTEST
L ryacmfetO G&,„
Corporate Secreet � i- t
STATE APPROVALS:
DEPARTMENT OF LAW DEPARTMENT OF PERSONNEL
COLORADO ATTORNEY GENERAL OFFICE OF THE STATE OF COLORADO
Gale A.Norton,Attorney General Clifford W.Hall,State Controller
Iq/
By: fiftct—_
Attorney General Melvin W.Madden
State Controller Designee
James E. Martin
Assistant Attorney General
State Services Section
Page 5 of 5
Attachment A
Department or Agency No.:KAA Contract Routing No.: 98-1121
Weld County One Stop Contract
This is a legal document. Legal counsel should be consulted before signing.
This INTERGOVERNMENTAL CONTRACT
is made this 30TH day of JUNE, 1997, by and between:
THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY
915 10th Street
P. O. Box 758
Greeley, Colorado 80632
(Contractor)
and
THE STATE OF COLORADO,
acting by and through,
THE DEPARTMENT OF LABOR AND EMPLOYMENT
1515 Arapahoe Street,Tower 2,Suite 400
Denver, Colorado 80202-2117
(State)
WHEREAS,the State has historically and successfully provided federal employment services through state
agencies and federal training and public welfare programs through local agencies;
WHEREAS,the federal government has recognized,through a series of planning and implementation grants,
the initiative and efforts of Colorado to improve the delivery of employment and training programs;
WHEREAS, the Governor,through Executive Order D 0003 97,has directed all Colorado governmental
agencies administering federal employment and training programs at both the state and county level to
integrate the delivery of all employment and training services into a statewide network of"One-Stop Career
Centers";
WHEREAS, as to the State, authority exists in the Law and Funds have been budgeted, appropriated and
otherwise made available, and a sufficient unencumbered balance thereof remains available for payment in.
Fund Code 100, Organizational Unit Code 5230,Appropriation Code 309, Function Code 7500, Program
Code 1100, and Grant Budget Line Code 5307,under Contract Encumbrance number C9801121;
Page 1 of 33
Department or Agency No.: KAA Contract Routing No.: 98-1121
Weld County One Stop Contract
This is a legal document. Legal counsel should be consulted before signing.
WHEREAS,the State of Colorado has been divided into eighteen regions for the purposes of implementing
the One Stop Career Center initiative;
WHEREAS, the Contractor has submitted a work force development plan for the Weld County region;
WHEREAS,the Contractor's work force development plan for that region has been approved;
WHEREAS,the Contractor is now authorized by the State to implement One-Stop Career Centers in that
region pursuant to its approved work force development plan;
WHEREAS,the State has applied for all federal waivers which may be required to fully implement
One-Stop Career Centers in the Contractor's region; and,
WHEREAS, all required approvals,clearances and coordination have been accomplished from and with all
appropriate agencies.
NOW THEREFORE,the parties hereto agree to the following covenants,obligations, and promises.
A. EFFECTIVE DATE AND TERM. The effective date of this Contract is July 1, 1997., and shall
continue until June 30. 2000 unless terminated by either party under the terms and conditions of this
Contract. Although this Contract is established and funded on the State's Fiscal Year-July 1 --
through June 30 -annual reviews and funding cycles for specific programs may differ in accordance
with federal requirements. This Contract is specifically contingent on annually approved Workforce
Development Plans (WDP)in accordance with paragraph GI of this Contract, and on the availability
of continued federal and state funding as specified in paragraphs G2,G3,J12,J13, and K2 of this
Contract.
B. PRIORITY OF DOCUMENTS. The terms, provisions, and conditions of this Contract shall
always supersede,manage,and control those of any exhibit or attachment.
Page 2 of 33
Department or Agency No.: KAA Contract Routing No.: 98-1121
Weld County One Stop Contract
This is a legal document. Legal counsel should be consulted before signing.
C. DEFINITIONS. For the purposes of this Contract_ the terms or words listed below shall have the
following definitions:
1. "Contractor"is defined to mean: the counts'entering into this Contract on behalf of a region.
2. "One-Stop Career Center"is defined to mean: a central office within a region which
provides integrated employment and training services to the residents of that region. This
central office may be operated in conjunction with satellite offices and electronic linkages in
that same region.
3. "Region"is defined to mean: a county or counties designated by the Governor to constitute a
region and charged with the planning of local workforce development activities to ensure the
provision of employment and training services for local residents within that region.
4. "State"is defined to mean: the Colorado Department of Labor and Employment.
5. "State Workforce Coordinating Council"is defined to mean: a state-level council, appointed
by the Governor,that provides planning and policy guidance on state workforce
development issues.
6. "Workforce Development Board"is defined to mean: a regional board, approved by the
Governor,that is responsible for workforce development activities within a region.
7. "Workforce Development Plan"(or the "plan") is defined to mean: an annual plan developed
by a Workforce Development Board that: describes local workforce development issues in a
given region; details how employment and training services will be provided to address those
issues; meets state planning and performance requirements;meets federal planning
requirements; and includes a Cost Allocation Plan (CAP)that defines the allocation of costs
at the One-Stop Career Center(s)in that region.
Page 3 of 33
Department or Agency No.: KAA Contract Routing No.: 98-1121
Weld County One Stop Contract
This is a legal document. Legal counsel should be consulted before signing.
D. ROLES AND RESPONSIBILITIES OF THE STATE.
1. The State shall:
A. In coordination with the State Workforce Coordinating Council(SWCC),establish
minimum performance criteria in the following four categories: (1)customer
satisfaction for job-seekers and employers: (2)customer outcomes; (3)market
growth and penetration; and,(4)the cost-effectiveness of the delivery of services.
The State is responsible for conducting evaluations based on those performance
standards;
B. Establish annual planning guidelines, including"statement of work"requirements,
and disseminate these items to a region along with the estimated annual budget
allocation for the coming program year for that region on or before January 1 of
each year;
C. Review an annual plan submitted by a region which has fast been submitted to the
SWCC for policy review. After the SWCC's review of the plan,the SWCC must
submit the plan,with its recommendations for approval or disapproval,to the State
for policy and regulatory review. After the State's review of the plan,the State will
simultaneously submit the plan,with its recommendations for approval or
disapproval,to the governor for final approval and,its recommendations to the
SWCC;
D. Allocate funds for the administration and service delivery to a region after final
approval of an annual plan and execution and approval of the implementing contract
for that region;
E. Monitor regional activities and performance for compliance with all applicable
federal and state requirements;
F. Provide technical assistance to a region, including training recommendations,upon
request or,on an as-needed basis; and,
Page 4 of 33
Department or Agency No.: KAA Contract Routing No.: 98-112!
Weld Counry One Stop Contract
This is a legal document. Legal counsel should be consulted before signing.
H. Provide and maintain an automated computer system as set forth under State
responsibilities in"Exhibit A, State/Contractor Automation Requirements".
E DUTIES AND OBLIGATIONS OF THE CONTRACTOR.
1. The Contractor shall:
A. Serve as fiscal agent and administrative entity for a region's One-Stop Career
Center and, be fiscally responsible for the expenditure and use of all One-Stop funds
within that region;
B. Coordinate and ensure the appointment of members of a Regional Workforce
Development Board(RWDB);
C. In conjunction with the RWDB: select the location or locations of the One-Stop
Career Center(s); determine whether additional methods of service delivery(e.g.
satellite offices,kiosks) are necessary; and,operate the regional system in
accordance with all applicable federal and state laws;
D. Prepare and submit to the State by April 1 of each year a Workforce Development
Plan (WDP) for the next ensuing fiscal year(July 1 through June 30) in accordance
with planning guidelines provided by the State.
E. Obtain required reviews and approvals of a region's annual plan prior to its
submission to the State:
1. Develop,in conjunction with the RWDB, a regional plan,that incorporates
applicable policy guidance for preparation of the plan;
2. Submit the regional plan to the SWCC for review and comment;
Page 5 of 33
Department or Agency No.:KAA Contract Routing No.: 98-1121
Weld County One Stop Contract
This is a legal document. Legal counsel should be consulted before signing.
F. Ensure that a region is in compliance with the terms and conditions of this Contract
and an approved plan, written State policies governing operation of the One-Stop
Career Centers and, all other applicable federal and state requirements;
G. Meet additional regional performance standards set by the RWDB and develop and
offer additional services,either at no charge or for a reasonable fee-for-service,to
supplement those mandatory services required under the terms of this Contract;
H. Conform to policy guidance for the efficient and effective operation of the One-Stop
Career Center(s) set by the RWDB, and permit performance monitoring of daily
activities by the RWDB to supplement and enhance State monitoring activities;
I. Coordinate services with regional School-to-Career and welfare reform activities,
and any other employment and training programs deemed appropriate for inclusion
by the RWDB,to the fullest extent practicable;
J. Ensure that services are accessible to persons with disabilities, and take into
consideration factors such as, location, availability of public transportation to and
from center locations, appropriate methods of service delivery, etc.; and,
K. Ensure that a full range of services is available for special populations such as
youth,migrant and seasonal farm workers,veterans,persons with disabilities,older
workers.non-English speaking workers. and minorities.
•
2. CORE SERVICES. "Core services" are the minimum level of services that a Contractor
must provide free of charge to all customers seeking services through the One-Stop system
in a region. As such,this set of core services must be available to both job-seekers and
employers at each One-Stop Career Center in a region as detailed and described in written
policies established by the State.
Page 6 of 33
Department or Agency No.: KAA Contract Routing No.: 98-1121
Weld County One Stop Contract
This is a legal document. Legal counsel should be consulted before signing.
3. FEE-BASED SERVICES. The Contractor is encouraged to expand beyond the minimum
core services and develop customized services based on the unique needs and opportunities
of a given region. Additional services may be provided through the mobilization and
creative use of existing resources or,through fee-for-service approaches. Such fee-for-
service arrangements shall be subject to the constraints or restrictions contained in this
Contract, or prescribed by all applicable federal or state requirements.
4. PERFORMANCE STANDARDS. The Contractor shall comply with minimum
performance criteria established by the State. Upon request by the State,the Contractor shall
provide such data as the State may request for purposes of evaluating the Contractor's
compliance with minimum performance requirements. Each RWDB has the discretion to
add additional local standards to the State's minimum performance standards which local
standards are not inconsistent with federal or state law, this Contract or written policies
established by the State. The Contractor shall perform any necessary data collection and
evaluation for such additional local standards.
5. INCENTIVES. The State reserves the right to implement performance-based budgeting,
whereby a portion of the State's discretionary monies are held at the State level and
disseminated to a region if, and only if,performance criteria for the One-Stop Career
Center(s) in that region have been exceeded.
6. SANCTIONS. If the Contractor fails to substantially comply with the terms and conditions
of this Contract in the operation of the One-Stop Career Center(s),or otherwise commits a
material breach of this Contract,then the State may exercise the remedies specified in
paragraph J11 of this Contract.
7. CUSTOMER APPEAL PROCESS. For each program covered by this Contract, the
Contractor shall comply with all applicable federal and state laws,regulations, and policies
governing the customer grievance and appeals processes.
8. REPORTING REQUIREMENTS. The Contractor shall meet all applicable federal and
state reporting requirements for each of the constituent employment and training programs
provided through the One-Stop Career Center(s) located within a region.
Page 7 of 33
Department or Agency No.: KAA Contract Routing No.: 98-1121
Weld County One Stop Contract
This is a legal document. Legal counsel should be consulted before signing.
9. LIMITATION ON SUBCONTRACTING. All services or programs required to be
provided by the Contractor under the terms of this Contract shall not be subcontracted by the
Contractor, RWDB or center operator without the prior. express written approval of the
State.
F. AUTOMATION . The Contractor shall adhere to the minimum automation standards set forth in
"Exhibit A, State/Contractor Automation Requirements".
G. FISCAL MATTERS.
1. COST ALLOCATION. The Contractor's plan shall be reviewed by the State to determine
compliance with all applicable federal and state requirements. The negotiation, approval,
and funding of those aspects of the plan performed under this Contract shall be completed
by June 30 of that same year and shall be incorporated into this Contract through execution
of a letter, substantially in the form as the model plan approval letter at"Exhibit B",that
will be signed by both parties and sets the maximum State financial liability for performance
during the next plan year. The State's letter approving the plan and authorizing the
Contractor's performance consistent with that plan shall not be valid until it shall have been
approved by the State Controller or such assistant as he may designate. Upon approval,the
Contractor will perform in accordance with the approved plan for the next fiscal year. Apart
from the Contract extension and plan approval procedure described in this subparagraph,all
other changes to the Contract terms and conditions shall be by Contract Amendment
processed and approved in accordance with state law.
2. REDUCTIONS IN FUNDINQ. If reductions in federal and/or state funding occur,then the
total amount of funding allocated to the entire One-Stop Career Center system shall be
reduced by the amount of the reduction. This reduced funding amount shall then be
allocated throughout the entire One-Stop Career Center system using the original funding
allocation formula for the particular affected program.
Page 8 of 33
Department or Agency No.: K4A Contract Routing No.: 98-1121
Weld County One Stop Contract
This is a legal document. Legal counsel should be consulted before signing.
3. REINVESTMENT OF EXCESS MONIES. Monies received from fee-for-service activities
in excess of the actual cost of providing the service(s) shall be reinvested in the operations
and services of the One-Stop Career Center(s).
4. BILLING PROCESS. The One-Stop Career Center(s) in a region may submit requests for
reimbursement of expenses incurred to the State on a weekly basis. Requests for
reimbursement shall define the amount requested by funding source. In addition,the cost
category,where applicable, shall be defined. If approved,the State shall release the funds to
the Contractor within five(5) working days after approval of the request.
•
H. STATE-PROVIDED RESOURCES.
1. STATE PERSONAL PROPERTY. State fixed assets used in the delivery of services to the
citizens of the State of Colorado at local job service centers shall be available to the
Contractor in a region upon the transition of the job service center(s) to a One-Stop Career
Center. All assets transferred from the State to a region shall be documented by tag number.
Receipt of these assets shall be acknowledged in writing by representatives of the Contractor
and the State. If the Contractor in a region elects to use personal property still under lease
between the State and a third party vendor,then the State reserves the right to deduct such
charges from payments due to the Contractor and pay those lease payments directly to the
third party vendor.
2. STATE REAL PROPERTY LEASES. During the performance of this Contract,the
Contractor shall use former State job service centers as a principal office or a satellite office
for that region for the balance of the lease term. The Contractor shall assume all real
property leases associated with former State job service centers in a region, through either a
novation agreement with the lessor or, a sublease with the State, at the Contractor's option.
As such, the Contractor shall assume all rights, and be subject to, all duties and obligations,
of those real property leases. If a lessor refuses to enter into a novation agreement with the
State and the Contractor,then the Contractor agrees to enter into a sublease with the State
and shall honor all interest, rights, and obligations under that real property lease between the
State and the lessor. The State reserves the right to deduct real property lease rentals from
payments due to the Contractor and pay those real property lease payments directly to the
lessor.
Page 9 of 33
•
Department or Agency No.: KAA Contract Routing No.: 98-1121
Weld County One Stop Contract
This is a legal document. Legal counsel should be consulted before signing.
3. STATE PERSONNEL.
A. State Full Time Equivalent Allocation. The State initially will provide the state
employee FTE identified in the "Preliminary Estimate for Regional Allocation of
Wagner-Peyser and Employment Support Fund Dollars for Program Year 97-98"or
other FTE allocation attached as "Exhibit C"to this Contract.
•
B. Moving Expenses of Affected State EmploveeE. If, as a result of the
implementation of either Phase I or Phase II of the transition to the One-Stop Shop
• system, a State employee is required to move or relocate,then the State shall pay all
allowable expenses identified in section 24-50-134, 10B C.R.S., as amended. If,
after the initial move or relocation of a State employee, a region elects to move that
State employee to a new location within that region,then the Contractor shall pay all
allowable expenses identified in section 24-50-134, 10B C.R.S., as amended. Costs
for all subsequent moves or relocations of State employees after the initial move
shall be the responsibility of the region initiating the move or relocation.
C. Retention of Independent Payrolls. Current State employees who, after the
transition to the One-Stop Shop system are under the direction of the Contractor,
shall remain on the State's payroll system. The State shall invoice the Contractor in
a given region on a monthly basis for the costs associated with these State
employees. The State reserves the right to deduct such charges from payments due
to the Contractor.
D. Functional Management of State Employees by the Contractor.
1. General. Except as otherwise provided in this Contract,the Contractor will
set the work hours and program responsibilities,and discharge the
supervisory responsibilities under the State Personnel System, in
accordance with applicable statutes and State Personnel Board Rules,
Director's Procedures, and written job descriptions approved by the State,
and the State will delegate in writing to the Contractor all supervisory
responsibilities necessary to effectuate these obligations. In any event,the
State retains ultimate authority over all actions which may affect the current
base pay,status, or tenure of classified state employees. The State will be
responsible for all payroll matters for State employees. Unless otherwise
specified in writing by the State, all State employee positions will be treated
as nonexempt under the Fair Labor Standards Act.
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Department or Agency No.: KAA Contract Routing No.: 98-1121
Weld County One Stop Contract
This is a legal document. Legal counsel should be consulted before signing.
2. Performance Evaluations. The Contractor will complete Performance
Appraisal for Colorado Employees ("PACE") evaluations and Progress
Reviews.
3. Grievances. The Contractor shall fulfill management and supervisory
duties and responsibilities to Step Three of the classified personnel system
grievance process. The Contractor shall conduct appropriate
investigation(s),conduct the meeting with the supervisor, and furnish
suitable information to State supervisors and management. The State shall
retain the responsibility for acting on grievances at the Step Three or Four
level, as determined by the State. The Contractor will implement the relief
determined appropriate by the State.
4. Corrective Actions. The Contractor will determine and implement any
necessary corrective actions in accordance with the procedures in the state
classified personnel system.
5. Disciplinary Actions. The State retains the sole right to terminate,demote,
and suspend its employees for disciplinary reasons. The Contractor will
cooperate and provide information deemed necessary by the State in
conjunction with proposed disciplinary actions.
6. Supervisory Training. The Contractor will require its employees who are
exercising functional control over State employees to attend State
supervisory training to be provided by the State.
7. Documentation. Copies of all personnel-related correspondence, "PACE"
evaluations,progress reviews,grievances, corrective actions,or decisions
on any of the above shall be promptly provided directly to the Human
Resources Director of the State at the same address as that set forth below
for the State Representative. All such transmittals shall be marked --
confidential.
8. Receipt of Documents. The Contractor acknowledges that it has in its
possession all state classified personnel system statutes, State Personnel
Board Rules and Director's Procedures. The Contractor acknowledges
receipt from the State of PACE and Progress Review forms, PACE Manual,
grievance forms, and notices of employee rights for grievances and
corrective action relief.
9. Posted Notices. The Contractor shall post in conspicuous places all notices
required by state law for state classified employees. The State shall supply
necessary copies of such notices at the State's expense.
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Department or Agency No.: KAA Contract Routing No.: 98-1121
Weld County One Stop Contract
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10. Cooperation. The Contractor shall cooperate fully with the State in any
investigations, appeals,grievances, or other personnel matters,including,
without limitation,those pertaining to allegations of unlawful
discrimination.
11. Exceptions. Supervision of the day-to-day activities of the State's
classified employees by county employers is authorized under this Contract,
with the following limitations:
a. County supervision of classified employees of the State does not
apply to the delivery of specific programs such as the Disabled
Veterans Outreach Program(DVOP)and the Local Veterans
Employment Representative (LVER) services. These programs
must continue to be provided by employees of the State under the
supervision of other State employees;
b. Unless federal waivers to the contrary are granted, State employees
performing Migrant and Seasonal Farm worker(MSFW)outreach
work must continue to be supervised by State employees.
E. Reduction in Numbers of State Employees.
1. If funding cuts result in the initiation of a lay off action by the State,then
the Contractor shall make equitable adjustments in program services,as
allowed by the program requirements of the funding source,to permit
continued operation as is possible with remaining State and Contractor
resources.
2. In the case of reductions of State FTE allocations due to attrition, such
positions may become Contractor employee positions. The State reserves
the right to reduce funding under this Contract to the extent the current
retirement and termination reserves are not adequate to pay the amount of
all compensation due the departing State employee,including without
limitation, accrued annual and sick leave.
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Department or Agency No.:KAA Contract Routing No.: 98-112(
Weld County One Stop Contract
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F. Membership in Employee Organizations. Employees performing services under this
Contract shall have the right of full freedom of association, self-organization,and
designation of representatives of their own choice. Membership in an employee
association or union cannot be required as a condition of employment under this
Contract. No employee may be coerced into joining or not joining any type of
organization against the wishes of that employee. Additionally,no employee may
be contacted by a representative of any employee organization during working hours
for the purpose of soliciting membership to that employee organization. With the
prior consent of an employee's supervisor,which consent shall not be unreasonably
withheld,representatives of an employee's choice may confer with an employee at
that employee's job site during normal business hours concerning any matter
incidental to that employee's employment relationship with the State or Contractor.
The conference shall be conducted so as to avoid interference with other employees
in the work unit.
I SPECIFIC PROGRAM REOUIREMENTS.
1. The Contractor shall implement one or more of the following programs, as specified in the
annually approved plan.
A. DISPLACED HOMEMAKERS PROGRAM. Pursuant to § 8-15.5-101,et seq.,
C.R.S., as amended, and associated rules,regulations and policies, as amended;
B. EMPLOYMENT SERVICES PROGRAMS. Pursuant to the Wagner-Peyser Act of
1933,29 U.S.C. 49, et seq., as amended,and associated rules, regulations and
policies, as amended.
C. JOB TRAINING PARTNERSHIP ACT PROGRAMS. Pursuant to the Job
Training Partnership Act, P.L. 97-300, 29 USC 1501 et seq., as amended, and
associated rules,regulations and policies,as amended.
D. LABOR CERTIFICATION PROGRAM. Pursuant to the Immigration and
Nationality Act, 8 USC 1101 et seq., and 20 CFR 655 & 656, as amended, and
associated rules,regulations, and policies,as amended.
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Weld County One Stop Contract
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E. MIGRANT AND SEASONAL FARM WORKERS PROGRAM. Pursuant to the
court's order in Civil Action No. 2010-72 (unpublished), 8 Empl. Prac. Dec 9634
(D.D.C. August 13, 1974), modifying NAACP v Brennan, 360 F. Supp. 1006,5
Empl. Prac. Dec 8637 (D.D.C. May 31. 1973), and associated rules, regulations and
policies, as amended.
F. TRADE ASSISTANCE ACT PROGRAMS. Pursuant to the Trade Assistance Act,
P.L. 93-618, 19 U.S.C. 2271, et seq., as amended, and associated rules,regulations,
and policies,as amended.
G. NORTH AMERICAN FREE TRADE AGREEMENT PROGRAMS. Pursuant to
the North American Free Trade Agreement Implementation Act,P.L. 103-182, 10
U.S.C. § 3301 et seq. as amended, and associated rules,regulations, and policies,as
amended.
H. TEMPORARY AID TO NEEDY FAMILIES PROGRAMS. Pursuant to Title I of
the Personal Responsibility and Work Opportunity Reconciliation Act of 1996,P.L.
104-193,42 U.S.C. § 1305. et seq., as amended, and associated rules, regulations,
and policies,as amended.
•
I. VETERANS PROGRAMS. Pursuant to 38 U.S.C.,Chapters 41, 42, and 43, as
amended, and associated rules,regulations and policies, as amended.
J. WORK OPPORTUNITY TAX CREDIT PROGRAM. Pursuant to Section 1201 of
the Small Business Job Protection Act. P.L.104-188, 26 U.S.C. § 1, et seq., as
amended,and associated rules,regulations, and policies, as amended.
2. Job Training Partnership Act("JTPA") and Temporary Aid To Needy Families ("TANF")
programs are funded and implemented under contracts separate from this Contract. If the
Contractor has JTPA or TANF contracts, a material part of the consideration to the State for
entering into this Contract is to have the JTPA and TANF contracts operated in the One-
Stop environment. Therefore,the Contractor shall operate all programs funded by this
Contract, as well as the JTPA and TANF contracts,consistent with the One-Stop
requirements of this Contract.
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Department or Agency No.: KAA Contract Routing No.: 98-1121
Weld County One Stop Contract
This is a legal document. Legal counsel should be consulted before signing.
In the event of a conflict between this Contract and either the JTPA or TANF contracts as to
those specific programs,those contracts will control; provided,however,that failure to
operate such separate programs in the One-Stop environment in accordance with this
Contract shall constitute a breach of this Contract, and the State may pursue any of its
remedies herein contained, including termination or financial consequences with funding
provided pursuant to this Contract.
I ADDITIONAL PROVISIONS.
1. LEGAL AUTHORITY. The parties warrant that each possesses actual,legal authority to
enter into this Contract. The parties further warrant that each has taken all actions required
by its applicable law,procedures,rules,or by-laws to exercise that authority,and to lawfully
authorize its undersigned signatory to execute this Contract and bind that party to its terms.
The person or persons signing this Contact, or any attachments or amendments hereto, also
warrant(s)that such person(s)possesses actual, legal authority to execute this Contract, and
any attachments or amendments hereto,on behalf of the parties.
2. RELATIONSHIP OF PARTIES. THE CONTRACTOR SHALL PERFORM ITS DUTIES
HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE
OF THE STATE. NEITHER THE CONTRACTOR NOR ANY EMPLOYEE OR AGENT
OF THE CONTRACTOR SH L B ORS AL BED EMED TO BE AN EMPLOYE
OR AGENT OF THE STATE. THE CONTRACTOR SHALL PAY WHEN DUE ALL
REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON
ANY MONIES PAID PURSUANT TO THIS CONTRACT. THE CONTRACTOR
ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT -
ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE
CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE
STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. THE
CONTRACTOR SHALL HAVE NO AUTHORIZATION.EITHER EXPRESS OR
IMPLIED.TO BIND THE STATE TO ANY AGREEMENTS.LIABILITY.OR
UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. THE
CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS'
COMPENSATION INSURANCE COVERAGE(AND SHOW PROOF OF SUCH
INSURANCE COVERAGE)AND UNEMPLOYMENT COMPENSATION INSURANCE IN
THE AMOUNTS REOUIRED BY LAW,AND SHALL BE SOLELY RESPONSIBLE FOR
THE ACTS OF THE CONTRACTOR,ITS EMPLOYEES AND AGENTS.
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Department or Agency No.: KAA Contract Routing No.: 98-1121
Weld County One Stop Contract
• This is a legal document. Legal counsel should be consulted before signing.
3. FEDERAL CERTIFICATION ON DEBARMENT AND SUSPENSION (REQUIRED
FOR ALL CONTRACTS ABOVE $25 000). The Contractor agrees to comply with all
applicable regulations pursuant to Executive Order 12549, including,Debarment and
Suspension and Participants' Responsibilities, 29 C.F.R. 98.510 (1990). The Contractor
further agrees to complete the required "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions",incorporated
herein by reference, and attached hereto as "Attachment C". A completed and signed
original Certification shall be provided to the State by the Contractor.
4. FEDERAL CERTIFICATION ON LOBBYING ACTIVITIES (REOIIIRED FOR ALI.
CONTRACTS ABOVE$100 0001 The Contractor agrees to comply with all applicable
regulations pursuant to Section 319 of Public Law 101-121, Guidance for New Restrictions
on Lobbying,including,Certification and Disclosure, 29 C.F.R. 93.110 (1990). The
Contractor fiirther agrees to complete the required"Certification Regarding Lobbying",
incorporated herein by reference,and attached hereto, as "Attachment D". A completed and
signed original Certification shall be provided to the State by the Contractor.
5. INSURANCE(MINIMUM MANDATORY REQUIREMENTS FOR ALL
CONTRACTS). The Contractor shall procure, at its own expense, and maintain in effect,
the following insurance coverages for the duration of this Contract: •
A. As required by State law,standard Workers' Compensation insurance,including
occupational disease; and, Employer Liability insurance,which covers all
employees, on or off the work site,while acting within the course and scope of
employment,in the amounts prescribed by applicable State law;
B. Comprehensive General Liability or Commercial General Liability insurance,to
include bodily injury,personal injury,and property damage coverage, in the
following minimum amounts:
1. Combined single limit of$600,000 written on an occurrence basis;
2. A general, annual aggregate limit of not less than$1 million;
3. The Contractor must purchase additional insurance if claims against the
Contractor reduce the available general aggregate amount below$600,000
during the term of the Contract;
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Department or Agency No.: KAA Contract Routing No.: 98-1121
Weld County One Stop Contract
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C. The State of Colorado is to be named as additional insured on each comprehensive
general liability policy;
D. All insurance policies shall contain a provision which prevents cancellation of the
policy without sixty(60) days'prior written notice,by certified mail,return receipt
requested,of such cancellation to the State;
E. Certificates of Insurance shall be provided to the State by the Contractor within
seven(7)working days after receipt of award,unless otherwise provided for in this
Contract; and,
F. Automobile Liability insurance in the following minimum amounts:
1. $600.000 combined single limit auto insurance,
G. The Contractor shall provide such other insurance as may be required by law,or in a
specific solicitation;
H. For any insurances that are required by the Request For Proposals,the insurance
policy shall include provisions preventing cancellation without sixty(60)days'prior
written notice, by certified mail,return receipt requested,to the State.
If the Contractor is a "public entity" within the meaning of the Colorado Governmental
Immunity Act,C.R.S. 24-10-101,et sea. as amended("Act"),the Contractor shall at all
times during the term of this Contract maintain such liability insurance,by commercial
policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon request by
the State, the Contractor shall show proof of such insurance.
•
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Department or Agency No.: KAA Contract Routing No.: 98-1121
Weld County One Stop Contract
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6. PERFORMANCE MONITORING
A. The Contractor shall permit the State,the U.S. Department of Labor,or any other
duly authorized governmental agent or 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
the work of the Contractor.
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.
7. CONFIDENTIALITY OF RECORDS.
A. In the event that the Contractor obtains access to any records,files, or information
of the State in connection with, or during the performance of,this Contract,the
Contractor shall keep all such records, files, or information confidential and shall
comply with all laws and regulations concerning the confidentiality of such records,
files,or information to the same extent as such laws and regulations apply to the
State.
B. Each One-Stop Career Center is subject to all federal and state confidentiality
requirements governing all programs participated in by a One-Stop Career Center.
C. The Contractor agrees to notify and advise all of its employees, agents, consultants,
licensees, or sub-contractors in writing of the above requirements and of the
possible penalties and fines that may be imposed for any violation thereof.
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 to the State.
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Department or Agency No.:KAA Contract Routing No.: 98-1121
Weld County One Stop Contract
This is a legal document. Legal counsel should be consulted before signing.
E. Any State waiver of an alleged breach of confidentiality by the Contractor,or third
party agents of the Contractor,does not constitute a waiver of any subsequent
breach by the Contractor, or third party agents of the Contractor.
8. MAINTENANCE OF RECORDS.
A. The Contractor shall maintain a complete file of all records, documents,
communications, and other materials which pertain to 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
records of the Contractor.
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
as custodian for the State,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 pending matters,including,but not limited to,audits
performed by the federal government.
C. Notwithstanding any other provision of this Contract to the contrary,records for
each program shall be retained in accordance with all pertinent federal and state
record retention requirements.
9. OWNERSHIP OF MATERIALS.INFORMATION. DATA,COMPUTER SOFTWARE
DOCUMENTATION. STUDIES. AND EVALUATIONS. Unless otherwise provided for
in this Contract,the parties agree that all material, information,data,computer software,
studies,evaluations,reports,photographs,negatives,or any other documents,drawings,or
medium produced or prepared by the Contractor in the performance of this Contract are the
sole property of the State. All such items shall be delivered to the State by the Contractor
upon completion,termination, or cancellation of this Contract. The Contractor shall not use,
willingly allow another to use,or cause such items to be used for any purpose other than for
the performance of the Contractor's duties and obligations under this Contract without the
prior, express,written consent of the State.
Page 19 of 33
•
Department or Agency No.:KAA Contract Routing No.:98-1121
Weld County One Stop Contract
This is a legal document. Legal counsel should be consulted before signing.
10. RIGHTS N DATA AND COPYRIGHT.
A. Except for its own internal use,the Contractor shall not publish or reproduce any
data or other information,however contained, in whole or in part,that is recorded in
any form or medium whatsoever and this is delivered or specified to be delivered
under this Contract,nor may it authorize or permit others to do so,without the prior,
express,written consent of the federal government,through the State,until such
time as the federal government may have released such data or other information to
the public.
B. As authorized by 49 C.F.R. 18.34,the federal government,through the State,
reserves a royalty free,non-exclusive, and irrevocable license to reproduce,publish,
or otherwise use, and to authorize the State or others to reproduce,publish,or
otherwise use: 1. any work developed under this Contract,or a resulting third party
contract,irrespective of whether that work is already copyrighted; and,2. any rights
of copyright to which the Contractor,subrecipient,or third party contractor
purchases ownership with federal assistance.
•
11. REMEDIES OTHER THAN TERMINATION FOR DEFAULT. In addition to any other
remedies provided for in this Contract,or by law,the State may exercise the following
remedial actions if the Contractor substantially fails to satisfy or perform its duties and
obligations of under this Contract. "Substantial failure to satisfy or perform"is defined to
mean: unsatisfactory, insufficient, incorrect,or improper actions or inactions by the
Contractor in performing its duties and obligations under this Contract. The additional
remedial actions include,but are not limited to:
A. Suspension of further performance by the Contractor pending completion of
necessary corrective action(s)by the Contractor as specified by the State;
B. Withholding of further payments to the Contractor until necessary services or
corrective actions are satisfactorily completed by the Contractor;
C. Removing from further work on the Contract those employees of the Contractor
whom the State believes,in good faith,are incompetent,unsatisfactory,
insubordinate, or otherwise unsuitable,or whose continued performance under the
Contract is deemed,in good faith,to be contrary to the public interest or the
interest(s)of the State;
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Department or Agency No.: K4A Contract Routing No.: 98-1121
Weld County One Stop Contract
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D. Deny payment for those services or obligation of the Contractor which have not yet
been performed and which,due to circumstances caused by the Contractor,cannot
be performed,or if performed,would be of no value to the State. Denial of payment
must be reasonably related to the amount of services or performance lost to the State
because of the Contractor's actions; and,
E. Terminate this Contract immediately as set forth in the Termination for Default
paragraph of this Section but without further liability to the State,including,but not
limited to, liability for termination costs.
12. TERMINATION DUE TO THE LOSS OF STATE FUNDING. The parties hereto
expressly recognize that the Contractor is to be paid,reimbursed, or otherwise compensated,
in whole or in part, from available State funds. Therefore,the Contractor expressly
understands and agrees that all of its rights,demands,or claims to compensation under this
Contract are subject to, and contingent upon,the continuing availability of those State funds
for the purposes hereof. In the event that said funds,or any part thereof, are, or become,
unavailable, as determined by the State,then the State may immediately terminate or amend
this Contract.
13. TERMINATION DUE TO THE LOSS OF FEDERAL FUNDING. The parties hereto
expressly recognize that the Contractor is to be paid,reimbursed, or otherwise compensated,
in whole or in part, from available Federal funds. Therefore,the Contractor expressly
understands and agrees that all of its rights, demands, or claims to compensation under this
Contract are subject to, and contingent upon,the continuing availability of those Federal
funds for the purposes hereof. In the event that said funds,or any part thereof, are, or
become unavailable, as determined by the State,then the State may immediately terminate or
amend this Contract.
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Department or Agency No.:KA.4
Contract Routing No.: 98-1121
Weld County One Stop Contract
This is a legal document. Legal counsel should be consulted before signing.
14. TERMINATION FOR DEFAULT(CAUSE).
A. If the Contractor refuses or fails to timely perform any of the provisions of this
Contract with such diligence as will ensure its completion within the time specified
in this Contract,the State shall notify the Contractor in writing of the non-
performance, and if not promptly corrected,the State may terminate the Contractor's
right to proceed with the Contract or such part of the Contract as to which there has
been delay or a failure to properly perform. The Contractor shall continue perfor-
mance of the Contract to the extent it is not terminated and shall be liable for excess
costs incurred in procuring similar goods or services elsewhere.
B. Notwithstanding termination of the Contract,and subject to any directions from the
State,the Contractor shall take timely,reasonable,and necessary action to protect
and preserve property in the possession of the Contractor in which the State has an
interest.
C. In the event of termination, all finished or unfinished documents,data, studies,
surveys,drawings,maps,models,photographs, and reports or other material
prepared by the Contractor under this contract shall,at the option of the State,
become its property, and the Contractor shall be entitled to receive just and
equitable compensation for any services and supplies delivered and accepted. The
Contractor shall be obligated to return any payment advanced under the provisions
• of this contract.
Notwithstanding the above,the Contractor shall not be relieved of liability to the
•
State for any damages sustained by the State by virtue of any breach of the contract
by the Contractor, and the State may withhold any payment to the Contractor for the
purposes of mitigating its damages until such time as the exact amount of damages
due to the State from the Contractor is determined.
D. The Contractor shall not be in default by reason of any failure in performance of this
Contract in accordance with its terms if such failure arises out of acts of God; acts
of the public enemy; acts of the State and any governmental entity in its sovereign or
contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or
other labor disputes; freight embargoes; or unusually severe weather.
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Department or Agency No.: KAA Contract Routing No.: 98-1121
Weld County One Stop Contract
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E. Upon request of the Contractor, the State shall ascertain the facts and extent of such
failure, and, if the State determines that any failure to perform was occasioned by
any one or more of the excusable causes, and that,but for the excusable cause,the
Contractor's progress and performance would have met the terms of this Contract.
F. If after notice of termination of the Contractor's right to proceed under the
provisions of this paragraph, it is determined for any reason that the Contractor was
not in default under the provisions of this paragraph,or that the delay was
excusable, the rights and obligations of the parties shall be the same as if the notice
of termination had been issued pursuant to the termination for convenience clause.
15. TERMINATION FOR CONVENIENCE.
A. The State may,when the interests of the State so require,terminate this Contract in
whole or in part, for the convenience of the State. The State shall give sixty(60)
days written notice of the termination to the Contractor specifying the part(s)of the
Contract terminated and when termination becomes effective. This paragraph in no
way implies that the State has breached this Contract by the exercise of this
paragraph.
B. The Contractor shall incur no further obligations in connection with the terminated
work and on the date set in the notice of termination the Contractor will stop work
to the extent specified. The Contractor shall also terminate outstanding orders and
subcontracts as they relate to the terminated work. The Contractor shall settle the
liabilities and claims arising out of the termination of subcontracts and orders
connected with the terminated work. The State may direct the Contractor to assign
the Contractor's right,title, and interest under terminated orders or subcontracts to
the State. The Contractor must still complete and deliver to the State the services
not terminated by the Notice of Termination and may incur obligations as are
necessary to do so. The Contractor shall be paid at the contract rate for services
through the date of termination.
•
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Department or Agency No.: KAA Contract Routing No.: 98-112!
Weld County One Stop Contract
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16. 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 this Contract,the terms
of this Contract are severable. If any term or provision of this Contract is declared invalid
by a court of competent jurisdiction, or becomes inoperative for any reason,then such
invalidity or failure shall not affect the validity of any other term or provision of this
Contract.
17. WAIVER. The waiver of a breach of a term or provision of this Contract shall not be
construed as a waiver of a.breach of any other term or provision of this Contract or,as a
waiver of a breach of the same term or provision upon subsequent breach
18. ASSIGNMENT. This Contract is in the nature of personal services. Therefore,the rights,
duties, and obligations of the Contractor cannot be assigned,delegated,or otherwise
transferred,except with the express written consent of the State.
19. CONTRACT BINDING ON SUCCESSORS. Except as otherwise provided herein,this
Contract shall inure to the benefit of, and be binding upon,the parties hereto and their
respective successors and assigns.
20. REPRESENTATIVES. For the purposes of this Contract,the persons identified below are
hereby designated as representatives of the respective parties to this Contract. Either may,
from time to time, designate in writing new or substitute representatives.
CONTRACTOR:
Constance L.Harbert
Chair,Pro Tern
915 10th Street
P.O.Box 758
Greeley, CO 80632
(970)356-4000
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Department or Agency No.:KAA Contract Routing No.: 98-1121
Weld County One Stop Contract
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STATE:
Judith Richendifer
Director, Employment and Training Programs
Colorado Department of Labor and Employment
1515 Arapahoe Street,Tower 2,Suite 400
Denver.CO 80202-2117
(303) 620-4204
21. NOTICE OF PENDING LITIGATION. Unless otherwise provided for in this Contract,the
party served shall notify the other party,within five(5)working 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.
The party served shall immediately deliver copies of any such documents to the other.
22. NOTICE PROCED TRE. 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, certified mail,return receipt requested, and addressed to
the following parties or to such other addressee(s)as may be designated by a notice
complying with the foregoing requirements.
CONTRACTOR:
Constance L. Harbert
Chair,Pro Tem
915 10th Street
P.O. Box 758
Greeley,CO 80632
(970)356-4000
STATE:
Melvin Madden
Associate Director, Finance
Department of Labor and Employment
1515 Arapahoe Street,Tower 2,Suite 400
Denver, CO 80202-2117
(303)620-4400
Page 25 of 33
Department or Agency No.: KAA Contract Routing No.: 98-1121
Weld County One Stop Contract
This is a legal document. Legal counsel should be consulted before signing.
23. MODIFICATIONS AND AMENDMENTS. This Contract is subject to such modifications
as may be required by changes in applicable federal or state law,or federal or state
implementing rules,regulations,or procedures of that federal or state law. Any such
required modification shall be automatically incorporated into, and be made a part of,this
Contract as of the effective date of such change as if that change were fully set forth herein.
Except as provided above,no modification of this Contract shall be effective unless such
modification is agreed to in writing by both parties in an amendment to this Contract that
has been previously executed and approved in accordance with applicable law.
•
24. ADHERENCE TO APPLICABLE LAWS. At all times during the term,performance,or
execution of this Contract,the Contractor shall comply with all applicable federal and state
laws,regulations,rules or procedures, as these provisions currently exist,or may hereafter
be amended, all of which are incorporated herein by reference and made a part of the teens
and conditions of this Contract.
25. DRUG FREE WORKPLACE. Federal Law requires that all programs receiving federal
funds maintain a drug free workplace. The Contractor will comply with applicable Federal
and State requirements.
26. SURVIVAL OF CERTAIN CONTRACT PROVISIONS. Notwithstanding anything herein
to the contrary,the parties understand and agree that all terms and conditions of this
Contract, and the exhibits and attachments hereto,which may require continued performance
or compliance beyond the termination date of this Contract shall survive such termination
date and shall be enforceable as provided herein in the event of a failure to perform or
comply by a party to this Contract.
•
27. CAPTIONS.CONSTRUCTION.AND EFFECT. The captions and headings used in this
Contract are for identification only, and shall be disregarded in any construction of the terms,
provisions, and conditions of this Contract.
Page 26 of 33
Department or Agency No.:KAA Contract Routing No.: 98-1121
Weld County One Stop Contract
This is a legal document. Legal counsel should be consulted before signing.
28. THIRD PARTY BENEFICIARIES. It is expressly understood and agreed that the
enforcement of the terms and conditions of this contract and all rights of action relating to
such enforcement,shall be strictly reserved to the State and the named Contractor. Nothing
contained in this agreement shall give or allow any claim or right of action whatsoever by
any other third person,nor shall anything contained in this agreement be construed as a
waiver of any provision of the Governmental Immunity Act, section 24-10-101,et. seq.,
Colorado Revised Statutes (as amended). It is the express intention of the State and the
Contractor that any such person or entity, other than the State or the Contractor,receiving
services or benefits under this agreement shall be deemed an incidental beneficiary only.
29. EXHIBITS AND ORDER OF PRECEDENCE. Unless otherwise stated,all exhibits or
attachments referenced herein are attached hereto, incorporated and made a part of this
contract. The terms of this contract shall control over any conflicting terms in any of its
attached exhibits or attachments.
30. VENUE. Venue for any action related to performance of this contract shall be in the City
and County of Denver, Colorado.
31. ENTIRE UNDERSTANDING. This Contract is 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 Fiscal Rules of the State of Colorado.
K. SPECIAL PROVISIONS
CONTROLLER'S APPROVAL.
1. 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.
Page 27 of 33
Department orAgencvNo.: KAA Contract Routing No.:98-1121
Weld County One Stop Contract
This is a legal document. Legal counsel should be consulted before signing.
FUND AVAILABILITY.
2. 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.
BOND REQUIREMENT.
3. 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 work for this State,the contractor shall,before entering upon the
performance of any such work included in this contract,duly execute and deliver to the State official
who will sign the contract, 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
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 or fails to pay any person who supplies rental machinery,tools,or
equipment in the prosecution of the work 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 is executed, delivered and filed,no claim in favor of the contractor arising under such 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 CRS 38-26-106.
•
INDEMNIFICATION.
4. To the extent authorized by law,the contractor shall indemnify, save, and hold harmless the
State, 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(including
State employees functionally managed by the contractor), agents, subcontractors, or assignees
pursuant to the terms of this contract,except to the extent caused by: (1) an express term or
condition of employment dictated by the State and properly implemented by contractor in accordance
with law and this contract; or(2) an employment decision rendered by the State regarding a State
employee and not involving a violation of law or breach of this contract by contractor.
Page 28 of 33
Department or Agency No.: KAA Contract Routing No.: 98-1121
Weld County One Stop Contract
This is a legal document. Legal counsel should be consulted before signing.
DISCRIMINATION AND AFFIRMATIVE ACTION.
5. 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(CRS 24-34-402), and as required by Executive Order,Equal Opportunity and Affirmative
Action,dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all
State contracts and subcontracts.
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 a
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.
Page 29 of 33
Department or Agency No.: KAA Contract Routing No.: 98-1121
Weld County One Stop Contract
This is a legal document. Legal counsel should be consulted before signing.
(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.
(0 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 canceled,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 of paragraphs (a)through(h) 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 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.
COLORADO LABOR PREFERENCE.
6a. Provisions of CRS 8-17-101 & 102 for 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.
Page 30 of 33
Department or Agency No.: KAA Contract Routing No.: 98-1121
Weld Counry One Stop Contract
This is a legal document. Legal counsel should be consulted before signing.
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.06 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. (CRS 8-19-101 and 102)
GENERAL.
7. 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. 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.
8. 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.
9. The signatories aver that they are familiar with CRS 18-8-301,et. seq., (Bribery and Corrupt
Influences),and CRS 18-8-401,et. seq.,(Abuse of Public Office),and that no violation of such
provisions is present.
10. The signatories aver that to their knowledge, no state employee has any personal or
beneficial interest whatsoever in the service or property described herein.
Page 31 of 33
Department or Agency No.: KAA Contract Routing No.: 98-1121
Weld County One Stop Contract
This is a legal document. Legal counsel should be consulted before signing.
11. Pursuant to CRS 24-30-202.4(as amended),the state controller may withhold debts owed to
state agencies under the vendor offset intercept system for: (a) unpaid child support debt or child
support arrearages; (b)unpaid balance of tax, accrued interest,or other charges specified in Article
22,Title 39,CRS; (c)unpaid loans due to the student loan division of the department of higher
education; (d)owed amounts required to be paid to the unemployment compensation fund; and(e)
other unpaid debts owing to the state or any agency thereof,the amount of which is found to be
owing as a result of final agency determination or reduced to judgment as certified by the controller.
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
CONTRACTOR: WELD COUNTY BOARD OF STATE:
COMMISSIONERS
(NAME OF COMPANY), STATE OF COLORADO
(type of entity) COUNTY GOVERNMENT Roy Romer,G vernor By: I • By:
GEOR E. BAXTER (07/09/97) J n Num r
Chair xecutive Director
FEIN: 84-6000813 Department of
Labor and Employment
?itt
'�jjr
t N
•
s
By: t _=r',.:1�L6 t i DEPUTY
WELD i'.'� LEAK TO 1. BOARD
Page 32 of 33
Department or Agency No.: KAA Contract RoutingNo.:98-1121
Weld County One Stop Contract
This is a legal document. Legal counsel should be consulted before signing.
APPROVALS:
DEPARTMENT OF PERSONNEL DEPARTMENT OF PERSONNEL
STATE BUILDINGS PROGRAMS OFFICE OF RISK MANAGEMENT
Larry Friedberg,Director Betsy Rodriguez,Manager
By: NOT REQUIRED B NOT REQUIRED
Y:
DEPARTMENT OF LAW DEPARTMENT OF PERSONNEL
OFFICE OF THE ATTORNEY GENERAL OFFICE OF THE STATE CONTROLLER
Gale A. Norton,Attorney Ge Clifford W. Hall,State Controller
ale . 4St
Mho ,enerar ` n
By: c By:( ('p
G Richa n nington
As.sist t AttorPeney General
Mate Services Section
Page 33 of 33
FUNDING LETTER/FUNDING CHANGE LETTER
State of Colorado Fiscal Year 1997-1998
Funding Letter No.:98-1121-01 Date•July 1, 1927
On June 30. 1997 an original Contract("Contract")was entered into between the Colorado Department of Labor
and Employment ("the State"),and the Board of County Commissioners of Weld County ("the Contractor").
This Contract has contract routing number JCAA 98-1121. The initial term of that Contract commenced on July 1,
1997 and ends on June 30,2000. In accordance with paragraph al of that Contract,the Contractor is required to
submit a yearly Plan for review and approval by the State. The Contractor has submitted a Plan for the State's 1927-
19'L8 fiscal year. The State has reviewed the Cost Allocation Plan,which appears to allocate costs to the benefiting
finding source,and hereby approves that Cost Allocation Plan based on the representations contained in that Plan.
The Contractor will perform consistent with that Platt
The undersigned agree that the total financial obligation of the State to the Contractor for performance of this
Contract is Two Hundred Fifty-four Thousand.Two Hundred Thirty-nine Dollars ($254,239.00)for State fiscal
year 1997- 192_8.
The effective date of this Letter is July 1. 1997. However,in no event shall this Letter be deemed valid
until it shall have been approved by the State Controller or such assistant as he may designate.
IN WITNESS WHEREOF,the parties have executed this Letter as of the date and year first above written.
CONTRACTOR STATE OF COLO O
THE BOARD OF COUNTY COMMISSIOERS Roy Romer,Govern
OF WELD COUNTY
By: Ge �� e
ge E. Baxter on Nu air
Chairman Executive Director
FEIN: 84-6000813 Department of
Labor&Employment
APPROVALS
DEPARTMENT OF PERSONNEL
OFFICE OF THE STATE OF COLORADO
Clifford W. Hall,State Controller
- By: 92/1.-e-EC;Xelleedr/-------------
Melvin W.Madden
State Controller Designee
Exhibit B
Attachment A
•
CONTRACTOR/STATE AUTOMATION RESPONSIBILITIES
The following information includes:
• A matrix which explains the financial responsibilities of both the State and the One-Stop Contractor in
regard to the automation components to be utilized by a One-Stop.
• An explanation of the"Model Connectivity Architecture"diagram.
• The"Model Connectivity Architecture"diagram. The diagram depicts the various options available to
the Contractor of a One-Stop.
ITEM I • STATE RESPONSIBILITY CONTRACTOR
RESPONSIBILITY
I. CITS (GGCC)usage charges Will pay for the first fiscal year. Will pay for charges for non core
for core automation system. This To be reevaluated at the end of the services through CITS. Non core
includes LU as well as CI CS year. automation services include:
charges. Core automation CDHS:
includes: CACTIS
CDLE:
LMI Colorado Employment First
Job Match
ODDS/ENDS
CDHS:
COIN
CAFSS
2. CSDC charges for usage of Will pay for State level needs Will pay CSDC direct for usage of
core automation systems. Core such as Federal Reporting core and non core services. Non
automation includes: core automation includes:
Local Virtual Online Search Payroll
Statewide Virtual Online Search Property Management
Performance Standards Contract
Job Link
Allocation
Location
Inter- Client _
Online Search
Net Access
E-Mail
3. CDLE charges for usage of Will pay for acquisition of new Provide necessary terminals for
core automation systems. Core LMI System and Talent Bank internal and public access.
automation includes System. Will pay usage for these
New LMI System systems.
Talent Bank System
SMIS System
May 5, 1997
ITEM STATE RESPONSIBILITY CONTRACTOR
RESPONSIBILITY
4. One time program• Each project will be evaluated and Each project will be evaluated and
development and enhancement negotiated between State and negotiated between State and
charges for core systems provided Contractors to determine funding Contractors to determine funding
by CSDC and CDLE. source. source.
5. CDLE staff/programmers Will pay. NA
assigned to support core
automation projects and systems.
6. One time charges to facilitate From One-Stop Grant NA
merger of GJTO and ORJT staffs
(ie.New circuits,servers,
desktops,etc.)
7. Equipment at One-Stop State will specify standards for Will pay for One-Stop equipment
Centers and satellite offices(ie. local equipment necessary to and software,as well as
desktops,local networks,servers, utilize Core Automation Systems. maintenance on same.
desktop software,server software) See the following page describing
"Automation Standards"followed
by the diagram of"Model
Connectivity Architecture".
8. Circuits and termination State will pay for circuits and Circuits and termination
equipment from One-Stops to termination equipment connection equipment from One-Stop
CDLE, CITS, CSDC. CITS, CSDC,and CDLE. locations to CSDC will be paid
for by contractor direct or
included in CSDC usage charges.
May 5. 1997
AUTOMATION STANDARDS:
DIAGRAM EXPLANATION
The following diagram depicts the model architecture of a One-Stop.
Terminal Standards - These need to have 8-bit emulation VT-200 or above available. Other
workstations which can be utilized include:
Dumb Terminals: X-Terminal Other VT Terminals
Intelligent Workstations: PC Macintosh
These can be utilized if VT-200,or above,emulation is available.
Application: The VT-200 and above will run all core automation systems,except:
• Graphical access to the Internet will not run.
• Access to SARAS (new LMI system replacing SilverPlume)will not run.
These two systems require an intelligent workstation.
Intelligent Workstation:
The advantage to utilizing an intelligent workstation,such as a PC,rather than a dumb
terminal,is in the additional uses. An intelligent workstation allows the use of
numerous other software packages,such as:_word processing,Spreadsheets,desk top
publishing,etc.,and access graphical Internet and the future SARAS system.
•
Ma 5. 1997
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Exhibit C
Allocation of Wagner-Peyser and Employment Support Fund Dollars
for Program Year 97-98
Labor 97-98 Non-Personal PY 97-98 PY 96-97
Region Exchange Cost of Services S Total S S Per Region
FTEs FTEs(PS/PB) Per Region
(I) (2) (3) (4) (5)
Adams 13.5 S 687,136 $ 107,909 $795,045 S 804,031
Amp/Douglas 12.0 627,636 95,918 - 723,554 674,933
Boulder 7.25' 349,740 57,951 407,691 391,602
Denver 24.0' 1,353,826 191,838 1,545,664 1,354,704
El Paso/Teller 17.5' - 901,325 139,882 1,041,207 I 1,013,996
Jefferson/Gilpin/CC 7.0' 361,897° 55,952 417,849 t 337,884
Larimer 9.5 524,777 75,935 600,712 I 573,680
Mesa 6.25 322,000 49,958 371,958 310,948
Pueblo/Huerfano/LasAnim as 11.0 584,601 87,925 672.526 r 679,550
Weld N/A N/A 252,859 252,859 I 196,907
Regions 1 & 5 6.0' 315,643 47,959 363,602 350,418
Region 13 +Park- Lake 6.5 331,726 51,956 383,682 372,562
Regions 6 7.0' 369,321 55,952 425,273 412,881
Region 8 4.5 214,730 35,969 250,699 244,959
Region 9 7.0 384,651 55,952 440,603 404,351
Region 10 7.5 419,71- 59,949 I 479.666 514.745
Lake/Summit/Grfld/Ptkn/Egl I1.0' 593.333 I 87,925 I 681,258 ; 689,624
Grd/Jksn/Routt/MoffetlRB 4.09 -162,248 31,973 I 194,221 254,563
TOTALS 161.5 $8,504,30; $!-,5 3,762 $10,048,069 i $9,582,338
Footnotes:
1 The total dollar amount displayed in this column represents both Wanner-Peyser and Employment Support Fund
funding. Since the Employment Support Fund percentage t 22%)of These dollars are subject in TABOR. only
Wagner Peyser funds will be distributed to Phase I.One-stop Implementation Regions during PY 97-98. therefore
there will be no TABOR impact during PY 97-98.
2. 0.25 FTE is reimbursed by the Reemployment Center,and has been subtracted from the region's FTE.
3 Bear Valley JSC FTEs were inadvertently omitted from the original estimate and have been re-added to the
region's FTE.
4. 1.0 funded FTE was inadvertently omitted from allocation estimate. and has been re-added to the regions's FTE.
5. Original FTE included 1.0 unfunded vacancy which has been subtracted from the region's FTE.
6. FTE count was correct, PS/PB has been corrected.
7. FTE count has been corrected to include Lamar staff. PS'PB was correct.
8. Original FTE included 1.5 unfunded vacancies which have been subtracted from the region's FTE.
9. I.0 F I L is funded by the Labor Certification Program and has been subtracted from the region's FTE.
R-5/1/97
STATE OF COLORADO
EXECUTIVE CHAMBERS
136 State Capitol
Denver,Colorado 80203-1 79 2 <� "•
Phone(3031866-2471 D 0003 97
/876•
EXECUTIVE ORDER
--- Roy Romer
TRANSFERRING THE OFFICE OF RURAL JOB TRAINING AND THE
GOVERNOR'S JOB TRAINING OFFICE INTO THE COLORADO- t
DEPARTMENT OF LABOR& EMPLOYMENT
WHEREAS, changes in the world of work demand changes in the way that job
training and employment services are delivered in Colorado; and
WHEREAS, there are more than sixty different employment and training programs
currently operating in Colorado, many of which attempt to address
similar goals;and
WHEREAS, the State of Colorado recognizes that efficient provision of job training
and employment sex-vices is dependent on minimizing program
duplication and fragmentation at both the state and local levels; and
WHEREAS, consolidating some of the existing employment and.
the state level will fabilitate local ro trainingentities at
streamline. p gram integration by helping to
planning, reduce waste and duplication, and ensure overall
goal congruence.
NOW, THEREFORE I, Roy Romer, Governor of the State of Colorado, under the
authority vested in me by the laws and Constitution of the State of Colorado, DO
HEREBY ORDER THAT:
L The Office of Rural Job Training shall be transferred from the Department of Local
Affairs to the Department of Labor and Employment. The Department of Labor
and Employment shall become the successor in interest in rural job training`and
employment matters heretofore concerning the Department of Local Affairs
2. The staff of the Office of Rural Job Training shall be transferred to the Department
of Labor and Employment, pursuant to existing state statutes, regulations, and
policies.
3. The statutory authority, powers, duties and functions, records, personnel, property,
and contractual obligations of the State with respect to the Office of Rural Job
Training in the Department of Local Affairs, shall be transferred to the Department
of Labor and Employment.
�u x .
STATE OF COLORADO
OFFICE OF THE GOVERNOR
Colorado Workforce Coordinating Council Hog
(/J/ oF-eo�
1580 Logan Street,Suite 410 Ho // ;9 o
Denver,Colorado 80203 H .f�' G7-�*
Phone: (303)894-2076 i +
FAX: (303)894-2064 rays•
Roy Romer
Governor
MEMORANDUM Margaret E. Porfido
Chair
Ledy Garcia-Eckstein
Executive Director
TO: County Commissioners
Workforce Coordinating Council members
SDA Directors
FROM: Ledy Garcia-Eckstein
DATE: June 13, 1997
RE: Draft Executive Order
Attached is a draft of the Executive Order to establish the One-Stop Career Center
network in Colorado. As you know, legislation to officially,codify such a system failed
earlier this year: In the absence of legislation,Govemor Reiner:decided-that an Executive
Order would be the best means to get the One-Stop system going.
I recently circulated this draft at the CCI annual conference,so many of you have already
seen this Executive Order draft. However,we want to give all the stakeholders in the
system a formal opportunity to review the draft and make comments. Please submit any
comments or suggestions you may have regarding the draft, in writing, to the Workforce
Coordinating Council as soon as possible, no later than June 25. You may fax your
comments tome at(303) 894-2064; or mail your comments to me at 1580 Logan Street,
Suite 410, Denver, CO 80203.
Thank you for your assistance. If you have any questions, please feel free to call us at
(303) 894-2078.
EXECUTIVE ORDER
CREATING A STATEWIDE NETWORK OF ONE-STOP CAREER CENTERS
WHEREAS, changes in the world of work, coupled with reduced federal funding for
employment and training programs, necessitate a new approach to the
delivery of employment and training programs in Colorado; and
WHEREAS, creating a new, efficient workforce development system — offering access
to the resources and services necessary to connect job seekers and jobs—is
the best way to ensure that Colorado remains competitive into the 21'
century; and;
WHEREAS, a flexible, locally administered workforce development system—rooted in
the principles of universality, customer choice, integration, and outcomes-
based performance criteria — will be most responsive to the nr'prls of
Colorado employers and job seekers;and
WHEREAS, the state is committed to consolidating programs for the delivery of
employment and training services, and will provide local workforce
development regions with technical support and capacity-building
assistance,=a.s budgetary-constraints allow; to create the best system
possible;and
WHEREAS, the U.S. Department of Labor has recognized Colorado's commitment to
workforce development` reform by awarding a three-year grant to
implement the state's vision for a network of one-stop career centers.
NOW, THEREFORE, I, Roy Romer, Governor of the State of Colorado, under the
authority vested in my by the laws and Constitution of the State of Colorado, DO
HEREBY ORDER THAT:
1. The Workforce Coordinating Council, hereinafter called the Colorado Workforce
Development Council, referred to in this order as the "Council," will continue in its
role as the state's Human Resource Investment Council (HRIC), performing all
duties and functions assigned to HRICs by federal law.
2. The Colorado Department of Labor and Employment, with the advice of the
Council, will set policy, develop performance and fiscal accountability standards,
and allocate funds for the operation of One-Stop Career Centers. The Department
of Labor and Employment will also be responsible for developing and maintaining a
centralized computer system that links workforce development programs.
3. Specifically, the Council shall:
a) ensure that the new workforce development system and the network of One-
Stop Career Centers are meeting the needs of business and labor;
b) recommend performance standards for the new system;
c) advocate for business-developed skill and competency standards;
d) coordinate with the School-to-Career initiative, welfare-to-work, vocational
education, adult education, and economic development programs;
e) provide policy advice on workforce development issues to the Governor, the
Legislature, and appropriate state departments;and
f) bring private sector quality initiatives to the workforce development system.
4. The Council shall have no more than 21 members appointed by the Governor,
including the Colorado Commissioner of Education; the president of the
Community College and Occupational Education System;the executive directors of
the Departments of Labor and Employment and Human.Services; and the director
of Ibe OSce:._of.Business Development: ..Additionally the-Council;shall:have a
representative of local public education, a representative of a postsecondary
institution,-a representative of secondary or postsecondary vocational education
institution, two representatives of. community=based ' organizations, • three
representatives of business and industry,three representatives from organized labor,
and three local elected officials.
5. Colorado shall be divided into workforce development regions for local service
delivery and administrative purposes of the one-stop system. Regions shall be -
comprised of a single county or group of counties.
6. The operation of the One-Stop Career Centers within each region shall be governed
by the county commissioners representing the counties in that region, with policy
guidance from a workforce development board appointed by said commissioners.
In the case of the City and County of Denver, the One-Stop Career Center(s) will be
governed by the mayor, with policy guidance from a workforce development board
appointed by the mayor.
7. Local workforce development boards shall be comprised of more than fifty percent
representation by the private business sector and shall be chaired by a member
representing the private business sector. Representatives of organized labor and
community-based organizations shall constitute not less than 15% of the board
membership. Each board shall be responsible for developing a workforce
development plan, determining optional services, and service variations, to meet
local employers' and job-seekers' needs, and overseeing the one-stop(s)' operations
in the region. The Governor or his designee must certify the membership of each
workforce development board and shall be responsible for delineating any other
membership requirements or responsibilities of the boards.
8. The commissioners(or mayor in the case of Denver) shall also have the authority to
assume the administrative control of the region's One-Stop Career Centers,
including fiscal agent responsibility, by entering into a performance-based contract
with the Department Of Labor and Employment. If the commissioners (or mayor in
the case of Denver) decline to assume the administrative or fiscal agent
responsibility for the regional One-Stop Career Centers, the Department of Labor
and Employment shall administer, or contract for the administration of, the centers
in such region(s) with guidance from the regional workforce board for such region.
In the event the Department of Labor and Employment administers, or contracts for
the administration of, a regional One-Stop Career Center, it shall do so with
guidance from the regional workforce board for such region.
9. Each region shall provide a universal set of core services in its One-Stop Center
system, as required by its performance-based contract with the Department of Labor
and Employment.
10. _One-Stop.Career.Centers sl<talI-gperate.on.an annual.basis,-with a new program year
beginning on July 1 of each calendar year. For fiscal years after FY 1997-1998,the
commissioners (or mayor in the case of Denver) in each region must submit a
workforce developmerie'plarild the Council and the Department of Labor and
Employment by March l of the current program year before funds can be released
for the next program year. The workforce development plan shall be prepared by
the workforce development board,approved by the county commissioners of each
county in the region(or mayor in the case of Denver), and submitted to the state. If
the region does not submit an approved plan, the Department of Labor and
Employment will devise a plan for the region.
11. Upon receipt, each plan shall be reviewed first by the Council for consistency with
the state's overall workforce development strategy. Following this review, the
Council must submit the plan, with its recommendations for approval or
disapproval, to the Department of Labor and Employment for review. After the
Department's review of the plan, the Department shall submit the plan, with its
recommendations for approval or disapproval, to the Governor for final approval.
Simultaneously, the Department must also submit its recommendations to the
Council.
12. Upon final approval of a region's plan by the Governor, the Department of Labor
and Employment shall prepare any necessary contracts for implementation of the
plan and provide draft contracts to the county commissioners (or mayor in the case
•
of Denver) for that region. After FY 1997-1998, draft contracts shall be provided to
the regions on or before April 15; execution of contracts shall occur on or before
May 15 for the program year beginning on July 1.
13. Rapid Response, a statewide early intervention assistance program for mass layoffs,
must remain flexible to be able to respond quickly to layoffs which may occur
around the state. Therefore, this activity shall remain at the state level.
14. One-Stop Career Centers shall comply with Title I of the Americans with
Disabilities Act as it applies to the provision of employment and training services.
Programs and services for persons with disabilities shall be coordinated with and
integrated into the regional One-Stop Centers to the greatest extent feasible.
15. All those provisions of Executive Order B 001 94 creating the Colorado Workforce
Coordinating Council shall continue to be in effect to the extent they do not conflict
with any of the provisions herein.
GIVEN under my hand and
the Executive Seal of the
State of Colorado,this_
day of June, 1997
Roy Romer
Governor
3
(2) A new employer is defined as one who has not placed a job order within
the past 2 years.
(3) New performance goal: Each region is responsible for a percentage of the
total statewide standard(30 employers/FTE/yr)based upon the region's share
of the state's employers (Attachment 1).
(4)No baseline currently exists for this factor, although each of the existing
job service centers reported that they exceeded the standard in PY 96-97.
Moreover, the automated system is not currently able to track the new
employer penetration rate. Until such time as this rate can be tracked
electronically, and there is actual performance data upon which to develop a
baseline,the factor will be treated as a goal which each region is encouraged
to meet rather than a performance standard regions are expected to meet.
b. Job Order Fill Rate. The percentage of job order openings that are filled.
(1)No federal performance standard currently exists. The current statewide
standard requires each local office to increase its fill rate over the previous
year.
(2)The performance measure will be negotiated with each region based upon
the region's actual performance in PY 1995-96 and projected performance in
PY 1996-97 (Attachment 2)
c. Placement Ouality. The percentage of placements in full time and part time
employment lasting more than 150 days, and the average placement wage.
(1)No federal performance standard currently exists.
(2)The performance measure will be negotiated with each region based upon
the region's actual performance in PY 1995-96 and projected performance in
PY 1996-97 (Attachment 2)
d. Placement Activity. The percentage of placements, obtained employments, and
applicants who received reportable secutces.
(1)No federal performance standard currently exists.
(2) The minimum performance standard will be negotiated with each region
based upon the region's actual performance in PY 1995-96 and projected
performance in PY 1996-97 (Attachment 2).
e. Customer Satisfaction. The percentage of applicants and employers who indicate
satisfaction with the Wagner-Peyser-funded services and treatment they received.
(1)No federal performance standard currently exists.
ROY ROMER oF•cozo DEPARTMENT OF LABOR AND EMPLOYMENT
Governor .
t N O
JON NUMAIR • \W+ OFFICE OF EMPLOYMENT PROGRAMS
Executive Director t • Two Park Central, Suite 400
1876 • 1515 Arapahoe Street
Denver, CO 80202.2117
JUDITH RICHENDIFER 303/8204200 FAX 303/620-4257
Director
COLORADO ONE-STOP SYSTEM POLICY GUIDANCE LETTER 97-05-P2
SUBJECT: PERFORMANCE-BASED MEASURES
DATE: July 2, 1997
L REFERENCE(S):
Wagner-Peyser Act, as amended;JTPA Public Law 97-300, as amended through Public Law
99-570 and the Job Training Reform Amendments of 1992; Title 38, U.S.C.
IL PURPOSE:
The purpose of this PGL is to outline the State and federal performance standards which will
be used to evaluate One-Stop program performance throughout the One-Stop Career Center
system.
III. $ACKGROUND;.
USDOL establishes performance measures and indicators of compliance for several federally-
funded employment and training programs, including the JTPA, Veterans, and MSFW
programs, as a condition of receiving federal funds. States are required to monitor
performance in areas where the federal government does not set specific standards, and are
allowed to establish their own performance measures and minimum standards.
Under the terms of the One-Stop Implementation Grant, Colorado is required to establish
minimum performance measures for the One-Stop Career Centers in addition to any federally
required standards or indicators of compliance.
In accordance with the prevailing USDOL philosophy governing the implementation and
operation of One-Stop Career Center systems,the State standards are performance-based and
focus upon the areas of:
a. Customer satisfaction for job seekers and employers;
b. Customer outcomes;
3
(2) A new employer is defined as one who has not placed a job order within
the past 2 years.
(3) New performance goal: Each region is responsible for a percentage of the
total statewide standard (30 employers/FIE/yr) based upon the region's share
of the state's employers (Attachment 1).
(4) No baseline currently exists for this factor, although each of the existing
job service centers reported that they exceeded the standard in PY 96-97.
Moreover, the automated system is not currently able to track the new
employer penetration rate. Until such time as this rate can be tracked
electronically, and there is actual performance data upon which to develop a
baseline, the factor will be treated as a goal which each region is encouraged
to meet rather than a performance standard regions are expected to meet.
b. Job Order Fill Rate. The percentage of job order openings that are filled.
(1)No federal performance standard currently exists. The current statewide
standard requires each local office to increase its fill rate over the previous
year.
(2)The performance measure will be negotiated with each region based upon
the region's actual performance in PY 1995-96 and projected performance in
PY 1996-97 (Attachment 2)
c. Placement Quality. The percentage of placements in full time and part time
employment lasting more than 150 days, and the average placement wage.
(1)No federal performance standard currently exists.
(2)The performance measure will be negotiated with each region based upon
the region's actual performance in PY 1995-96 and projected performance in
PY 1996-97 (Attachment 2)
d. Placement Activity. The percentage of placements, obtained employments, and
applicants who received reportable send—es.
(1)No federal performance standard currently exists.
(2) The minimum performance standard will be negotiated with each region
based upon the region's actual performance in PY 1995-96 and projected
performance in PY 1996-97 (Attachment 2).
e. customer Satisfaction. The percentage of applicants and employers who indicate
satisfaction with the Wagner-Peyser-funded services and treatment they received.
(1)No federal performance standard currently exists.
5
a. Operational definition: Customer perception that the services received were helpful
in meeting their training and employment goals; that they were served promptly and
courteously in a physically appealing facility, were given arress to adequate resources,
and that they were served by knowledgeable staff.
b. Methods for evaluating: In addition to the existing surveys conducted for ES and
JTPA funded programs, the following measures will be developed:
(1)Annual regional focus groups of employers and job seekers, conducted by
an independent evaluator.
(2) Semi-annual regional surveys of employers and job-seekers conducted by
an independent evaluator.
(3) Other methods as developed by the State or individual Regions.
c. Indicators of satisfaction: Overall and specific satisfaction with One-Stop Center
services, resources, facilities and staff.
d. Baseline: The initial baseline will be developed during the first year of
implementation using the following indicators:
(1)Overall focus group satisfaction rate, reported by employer and job seeker
groups, for each of the following factors:
Overall satisfaction
Satisfaction rate regarding services
Satisfaction rate regarding resources
Satisfaction rate regarding facilities
Satisfaction rate regarding staff
(2) Overall customer survey satisfaction rate, reported by employer and job
seeker survey results, for each of the following factors:
Overall rate
Satisfaction rate regarding-services
Satisfaction rate regarding resources
Satisfaction rate regarding facilities
Satisfaction rate regarding staff
2. Customer outcomes
a. Operational definition: Employment in an occupation leading to economic self-
sufficiency commensurate with the individual's skills and/or abilities (job seekers) or
the successful recruitment of qualified workers for available positions (employers) as
a result of utilization and interaction with One-Stop Career Center services, resources
and/or staff.
7
a. Operational definition: The rate at which the annual revenue and/or avoided cost
to public systems generated by persons becoming employed following One-Stop
Center services exceeds the annual direct cost of providing those services.
b. Methods for evaluating:
(1) Return on Investment (ROI) measures (formulae to be developed)
whereby returns, or the ratio of return, for all programs exceeds the costs for
services to general and special needs populations
(2) UI wage data analysis of One-Stop clients, if appropriate
c. Indicators:
(1)Annual direct program expenditures, reported by general and special needs
populations
(2)Number of clients, reported by general and special needs populations
(3) Estimated savings of UI, AFDC/TANF, SSI and food stamps as a result
of employment
(4) Estimated increase in individual tax revenues generated as a result of
employment
(5) Estimated increase in UI wage taxes as a result of employment
d. Baseline: Both the formulae and indicators will be developed during the first year
of implementation and reassessed periodically.
V. EFFECTIVE DATE:
The effective date of this PGL is July 1, 1997.
VL INQUIRIES:
Any inquiries concerning this PGL should be addressed to either Judi Richendifer or Marie
Valenzuela, Employment Programs, (303) 620-4200/4218.
Jon Numair
Executive Director
Colorado Department of Labor and Employment
Attachment 1
Factor: New Employer Penetration Rate
(Recommended Goals)
Region #Business V.of #New
Establishments State Employers/Year
Adams 6,647 5.36% 260
Arapahoe-Douglas 18,365 14.82% 718
Boulder 9,769 7.88% 382
Denver 22,184 17.90% 867
El Paso-Teller 12,515 10.1% 489
Jeffco-Clr Crk-Gilpin 14,573 11.76% 570
Larimer 6,885 5.56% 269
Mesa 3,256 2.63% 127
Pueblo-Huerfano-Las Animas 3,468 2.799% 136
Weld 3,533 2.85% 138
Central Region (Chafe;Custer,Fremont,Park) 1,749 1.41% 68
Mtn Resort Region(Eagle,Garfield,Lake,Pitkin,Summit) 6,838 5.52% 267
Northwest Region(Grand,Jackson,Moffat,Rio Blanco,Rout) 2,384 1.92% 93
Regions 1 & 5 (Cheyenne,Elbert,Rlt Carson,Lincoln,Logan, 2,903 2.34% 113
Morgan,Phillips,Sedgewick,Washington,Yuma)
Region 6(Bas,Bel,Crowley,Kiawa,Otero,Provers) 1,367 1.10% 53
Region 8 (Mamma,conejos,costal*,Mineral,Rio Grande,Sagu,d,e) _-- _ . 1.330 — 1.07% 52
Region 9 (Archuleta,Dolores,la Plata,Madman,San Juan) 2,956 2.39% 116
Region 10(Delta,Gumriaon,Hinsdale,Montrose,ouray,San Miguel) 3.181 2.57% 125
Statewide 123,903 99.98% 4,843
Attachment 2
Statewide 1995-96 Actual Performance 1996-97 Projected Performance
Job Order Fill Rate #Openings 4+ #Filled Fill Rate #Openings 4+Days #Filled Fill Rate
Days
100,732 38,524 38.24% 73,098 37,230 50.93%
Placement Quality #Placed FT Jobs> %Total Placements #Placed FT Jobs> %Total Placements
150 Days Jobs 4+days 150 Days Jobs 4+days
20,705 53.7% 22,563 60.6%
#Placed PT Jobs> %Total Placements #Placed PT Jobs> %Total Placements
150 Days Jobs 4+days 150 Days Jobs 4+days
7,057 - 18.3% 6,273 16.85%
Average Placement Wage Average Placement Wage
$6.62 $6.89
Placement Activity #Active #Referred Referral #Active #Referred Referral
Applicants Jobs 4+days Rate Applicants Jobs 4+days Rate
256,111 133,550 52.15% 278,915 138,627 49.7%
#Placed Job Placement #Placed Job Placement
4+days Rate 4+days Rate
32,467 12.68% 31,739 1138%
#Obtained Obtained #Obtained Obtained
Employment Rate Employment Rate
11399 4.45% 12,683 4.55%
#Placed& %Placed/ #Placed& %Placed/
Obtained Obtained Obtained Obtained
43,866 17.13% 44,422 15.93%
#Revd %Revd - #Revd %Revd
Rptble Svc Rpt Svc . — Rptble Svc Rpt Svc
163,189 63.722 166382 59.65
Weld 1995-96 Actual Performance 1996-97 Projected Performance
Job Order Fill Rate #Openings 4+ #Filled Fill Rate #Openings 4+Days #Filled Fill Rate
Days
3,998 2,081 52.05% 2,748 2,680 97.53%
Placement Quality #Placed IF Jobs> %Total Placements #Placed FT Jobs> %Total Placements
150 Days Jobs 4+days 150 Days Jobs 4+days
1,302 62.6% 2,120 79.1%
#Placed PT Jobs> %Total Placements #Placed PT Jobs> %Total Placements
150 Days Jobs 4+days 150 Days Jobs 4+days
103 4.9% 108 4.03%
Average Placement Wage Average Placement Wage
$6.28 $6.69
Placement Activity #Active #Referred Referral #Active #Referred Referral
Applicants Jobs 4+days Rate Applicants Jobs 4+days Rate
9,224 4,441 48.15% 11,535 5,515 47.18%
#Placed Job Placement #Placed Job Placement
4+days Rate 4+days Rate
1,850 20.06% 2,443 21.18%
#Obtained Obtained #Obtained Obtained
Employment Rate Employment Rate
284 3.08% 256 2.22%
#Placed& Y Placed/ #Placed& Y Placed/
Obtained Obtained Obtained Obtained
2,134 23.14% 2,699 23.4%
#Revd %Revd #Revd %Revd
Rptble Svc Rpt Svc Rptble Svc Rpt Svc
6570 71.23% 7584 65.75%
Attachment 3
Factor: Customer Satisfaction
Applicants' Satisfaction' Compared to Other Would Recommend'
Govt Agencies'
.92 .88 .85
Employers' Satisfactions Compared to Meet Use in Future'
Other Govt Expectations'
Agencies'
.93 .89 .37 .40
-Based on average results for statewide quarterly applicant and employer surveys
conducted between 1/96-3/97. 4,000 applicant and 4,000 employer completed
questionnaires were obtained during this period.
2-Applicant Satisfaction Index is made up of 15 YES-NO variables. The range is from 0-1,
the higher the score,the more satisfied the applicant.
3-%of respondents that said that compared to other governmental agencies,the service at
Job Service was better.
4-%of applicants who would recommend Job Service to a friend that needed a job
5-Employer Satisfaction Index is made up of 7 YES-NO variables. The range is from 0-1,
the higher the score the more satisfied the employer.
6-%of employers who said that applicants from Job Service meet their expectations. This
variable is highly predictive of the%of employers that said they were planning to use Job
Service to fill future vacancies.
7-%of employers who plan to use Job Service to fill future vacancies.
oo.Coco
JON NUMAIR
Executive Director ^ • DEPARTMENT OF LABOR AND
**W** EMPLOYMENT
JUDITH RICHENDIFER x/876*
Employment Programs
Director OFFICE OF EMPLOYMENT PROGRAMS
TWO PARK TOWER,SUITE 400
1515 ARAPAHOE STREET
DENVER,CO 80202-2117
COLORADO ONE-STOP SYSTEM POLICY GUIDANCE LETTER 97-03-V2
SUBJECT:LVER and DVOP duties and responsibilities.
DATE:May 28, 1997
L REFFR.ENCE(S)
Title 38, U.S.C., Disabled Veteran Outreach Program (DVOP) and Local Veterans Employment
Representative(LVER) Grants.
IL PURPO
This Policy Guidance Letter reaffirms the Colorado Department of Labor's policy concerning the
use of the Local Veterans Employment Representative and the Disabled Veterans Outreach
Program staff at the service delivery points.
lACKGRoim
The Grant funding the LVER program states, "LVERs are assigned to perform only those duties
directly related to discharging the duties prescribed in(Title) 38, U.S.C." Title 38 delineates the
duties the LVER performs in their service to veterans:
• "Disabled Veterans Outreach Program specialists will be assigned only those duties
directly related to meeting the employment needs of eligible veterans." (Title 38)
• "In the case of a service delivery point at which employment services are offered under the
Wagner Peyser Act, the head of such service delivery points will be responsible for
ensuring compliance with the provisions of this title providing for priority services for
veterans." (Title 38)
• "Individuals serving as LVER and/or DVOP Specialists are assigned to the LESO (Local
Employment Service Office)...but do not relieve the LESO staff of the requirement to
provide priority service to veterans." (Grant)
Policy Guidance Letter 97-02-V 1, dealing with triage procedures outlines the highest priority
groups of veterans that LVER and DVOP staff are to concentrate their efforts on serving. The
provision of services to veterans -- and the priority of services -- is an overall responsibility of the
ATTACHMENT
LVER AND DVOP ROLES AND RESPONSIBILITIES
Each LVER will carry out the following functions to provide services to eligible veterans:
(I) Functionally supervise the provision of services to eligible veterans and eligible persons by the
local service delivery point staff.
(2) Maintain regular contact with community leaders, employers, labor unions, training programs, and
veterans' organizations for the purpose of(A) keeping them advised of eligible veterans and
eligible persons available for employment and training, and (B) keeping eligible veterans and
eligible persons advised of opportunities for employment and training.
(3) Provide directly, or facilitate the provision of, labor exchange services by service delivery point
staff to eligible veterans and eligible persons, including intake and assessment, counseling, testing,
job-search assistance, and referral and placement.
(4) Encourage employers and labor unions to employ eligible veterans and eligible persons and
conduct on-the-job training and apprenticeship programs for such veterans and persons.
(5) Promote and monitor the participation of veterans in federally funded employment and training
programs, monitor the listing of vacant positions with State employment agencies, by Federal
agencies, and report to the Director for Veterans' Employment and Training for the State
concerning any evidence of failure to provide priority or other special consideration in the
provision of services to veterans as is required by law or regulation.
(6) Monitor the listing of jobs and subsequent referrals of qualified veterans.
(7) Working closely with appropriate Department of Veterans' Affairs personnel engaged in providing
counseling or rehabilitation services under chapter 31 Title 38, and cooperate with employers in
identifying disabled veterans who have completed or are participating in a vocational rehabilitation
training program under such chapters and who are in need of employment.
(8) Refer eligible veterans and eligible persons to training, supportive services, and
educational opportunities, as appropriate.
(9) Assist, through automated data processing, in securing and maintaining current
information regarding available employment and training opportunities.
(10) Cooperate with the staff of programs operated in identifying and assisting veterans who have
readjustment problems and who may need services available at the local employment service
office.
(II) When requested by a Federal or State agency, a private employer, or a service connected disabled
veteran, assist such agency, employer, or veteran in identifying and acquiring prosthetic and
sensory aids and devices needed to enhance the employability of disabled veterans; and
(12) Facilitate the provision of guidance and counseling services, or both, to veterans who, pursuant to
section 5(b)(3) of the Veterans' Job Training Act (29 U.S.C. 1721 note), are certified as eligible
for participation under such Act.
JON NUMAIR
N� Pr
Executive Director `=�i 8 DEPARTMENT OF LABOR AND EMPLOYMENT
*%0t9.9
*
JUDITH RICHENDIFER OFFICE OF EMPLOYMENT PROGRAMS
Employment Programs TWO PARK TOWER,SUITE 400
Director ISIS ARAPAHOE STREET
DENVER,CO 80202-2117
COLORADO ONE-STOP SYSTEM POLICY GUIDANCE LETTER.97-02-VI
SUBJECT: Triage approach to serving veterans
DATE: May 28, 1997
L REFERENCE(S):
Disabled Veteran Outreach Program (DVOP) and Local Veterans Employment Representative
(LVER) Grants.
IL PURPOSE:
This Job Training Partnership Act(JTPA)'Pohcy Guidance Letter(PGL) establishes guidelines to
implement DVOP and LVER Grant requirements which requires that service delivery points, at which
LVER and DVOP specialist are located, screen veterans to detente their level of need and whether
the DVOP or LVER are the most appropriate professional to.provide_assistance. This "triage"
approach is designed to screen for those veterans who are in need of the type of case management
services being provided in that office by the DVOP and LVER staff.
ILL BACKGROUND:
The provision of services to veterans —and the priority of services—is an overall responsibility of
the service delivery point providing public employment services. Veterans seeking services should
be targeted for services as members of one of the following three prioritized groups:
A. Highest Priority Veterans' Group: Veterans who are not job ready and require intensive
case management services, including all disabled veterans — especially those participating in
or have completed a program of vocational rehabilitation. Veterans needing intensive
employment development services should be assessed by the DVOPs and LVERs and served
using the case management approach. This includes an array of special services, e.g.
assessment, development of individual employability plans, coordination of services, and
personalized job development and placement services. This group is to be the primary focus
of veterans' services by DVOPs and LVERs. DVOPs and LVER's are to schedule their time
so as to serve these veterans directly and contact perspective employers directly to develop
job openings for those veterans in their case management files.
ROY ROMER oF•CotaRs DEPARTMENT OF LABOR AND EMPLOYMENT
Governor Nett/ O
JON NUMAIR a os • OFFICE OF EMPLOYMENT PROGRAMS
Executive Director ♦� ' r Two Park Central,Suite 400
}1876 1515 Arapahoe Street
JUDITH RICHENDIFER Denver,CO 80202-2117
Director 303/620-4200 FAX 303/620-4257
COLORADO ONE STOP POLICY GUIDANCE LETTER NO. 97-04-P1
SUBJECT: ONE-STOP CENTER CORE SERVICES
DATE: May 1, 1997
L REFERENCES:
USDOL One-Stop Implementation Grant; Wagner-Peyser Act, as amended; Job Training
Partnership Act, as amended.
IL PURPOSE:
To provide guidelines on the minimum core services to be provided by each region at one-
stop career centers.
IIL BACKGROUND:
In 1996, Governor Romer directed that a statewide network of"One-Stop Career Centers"
be established. He envisioned thatthe newly created system would be locally administered
and combine,at a minimum,the resources and programs of the Colorado State Employment
Service and the Job Training Partnership Act. These programs are governed by federal
legiclation which require the provision of specific employment and-training services to the
general-public. - =
Colorado applied for, and received, a federal grant from the US Department of Labor to
implement its one-stop career center system. The proposal was prepared by the Colorado
Workforce Coordinating Council utilizing a statewide collaborative process that included
representatives from federal, state and local agencies, employers, labor organizations, and
private non-profit agencies. The provisions of the proposal, including the description of core
services, are considered part of the grant contract with USDOL, and as such are legally
binding on the State.
I
6. Skill assessment
"Assessment services are designed, usually through interviewing(15-30 minutes),
to determine each participant's employability, aptitudes, abilities, and interests and
to develop a plan to achieve the participant's employment and related goals..."
7. Job referrallob placement
"...Staff interviewers screen applicants for skills and qualifications and may refer
them to employers with appropriate openings[based on the Colorado Job Bank
system]. When no openings are available, [One-Stop]personnel may market the
applicants'skills with potential employers. Applicants who are unsure of their job
goals or need to change occupations may explore interests, aptitudes and
capabilities with skilled interviewers. Referral to testing specialized programs,
other service providers[for fee-based programs]may be pan of this process..."
8. Self-help resume preparation resources (e.g. resources located in library, Internet, Job
Link, Talent Bank, computer programs, etc.)
9. Veterans'benefits and services information
"Any One-Stop Center receiving Wagner Peyser funds or housing Wagner-Peyser
staff will provide veterans with priority employment and training services in
accordance with federal law, U.S. Code title 38, Chapters 41 and 42.
DVOP/LVER positions shall be state employees and are in addition to and shall
not supplant Wagner-Peyser staff in providing priority employment and training
services. The full array of core services will be made available to veterans in the
following order of priority. disabled veterans, Vietnam era veterans, veterans and
other eligibles."
10. Referral services for community and social services, including:
a. Welfare-to-work programs
b. Employment programs for persons with disabilities
c. Senior citizens' employment programs
d. Community-based organizations (CBOs), Vocational Rehabilitation, Adult
Literacy, etc.
e. Youth Programs/Services
I I. Intake and eligibility determination for JTPA-
12. Services for Unemployment Insurance Claimants
a. Work registration
b. Assistance with obtaining suitable employment
C. Core services for employers:
1. Professional account representatives and management
(based on a comprehensive computerized system such that any staff member may
be of service to the client-Le. individual case managers unless client specifies)
2. Assistance in individual and mass recruiting
3
V. EFFECTIVE DATE:
The effective date of this PGL is July 1, 1997.
VL INOU R ES:
Any inquiries ncerning this PGL should be addressed to Employment and Training
Programs, (303) 20-4204 or 620-4218.
Jon N •
e Director
Colorado Department ofLabor and Employment
5
hap' wwv.I-op.edu/mohome/ccrts/co 12549.html httpJ/www.ucop.edu/,yohome/certs/co12549.htm
Executive Order 12549
51 F.R. 6370, February 18, 1986
Debarment and Suspension
By the authority vested in me as President by the Constitution and laws of the United States of America,
and in order to curb fraud, waste, and abuse in Federal programs. increase agency accountability. and
ensure consistency among agency regulations concerning debarment and suspension of participants in
Federal programs, it is hereby ordered that:
Section I.(a) To the extent permitted by law and subject to the limitations in Section 1(c), Executive
departments and agencies shall participate in..a system for debarment and suspension from programs and
activities involving Federal financial and nonfinancial assistance and benefits. Debarment or suspension of
a participant in a program by one agency shall have government-wide effect.
(b) Activities covered by this Order include but are not limited to: grants, cooperative agreements,
contracts of assistance, loans, and loan guarantees.
(c) This Order does not cover procurement programs and activities, direct Federal statutory entitlements
or mandatory awards, direct awards to foreign governments or public international organizations, benefits
to an individual as a personal entitlement, or Federal employment.
Sec. 2. To the extent permitted by law, Executive departments and agencies shall:
(a) Follow government-wide criteria and government-wide minimum due process procedures when they
act to debar or suspend participants in affected programs.
(b) Send to the agency designated pursuant to Section 5 identifying information concerning debarred and
suspended participants in affected programs, participants who have agreed to exclusion from
participation. and participants declared ineligible under applicable law, including Executive Orders. This
information shah be included in the list to be maintained pursuant to Section 5.
{c} Not allow a party to participate in any affected program if any Executive department or agency has
debarred, suspended, or otherwise excluded (to the extent pecified in the exclusion agreement)that
party from participation in an affected program. An agencymay grant an exception permitting a debarred.
suspended. or excluded party to participate in a particular transaction, upon a written determination by
the agency head or authorized designee stating the reason(s) for deviating from this Presidential policy.
However, I intend that exceptions to this policy should be granted only infrequently.
Sac. 3. Executive departments and agencies shall issue regulations governing their implementation of this
Order that shall be consistent with the guidelines issued under Section 6. Proposed regulations shall be
submitted to the Office of Management and Budget for review within four months of the date of the
guidelines issued under Section 6. The Director of the Office of Management and Budget may return for
reconsideration proposed regulations that the Director believes are inconsistent with the guidelines. Final
regulations shall be published within twelve months of the date of the guidelines.
Sec. 4. There is hereby constituted the Interagency Committee on Debarment and Suspension, which
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shall monitor implementation of this Order. The Committee shall consist of.representatives of agencies
designated by the Director of the Office of Management and Budget.
Sec. 5. The Director of the Office of Management and Budget shall designate a Federal agency to
perform the following functions: maintain a current list of all individuals and organizations excluded from
program participation under this Order, periodically distribute the list to Federal agencies, and study the
feasibility of automating the list; coordinate with the lead agency responsible for government-wide
debarment and suspension of contractors; chair the Interagency Committee established by Section 4; and
report periodically to the Director on implementation of this Order, with the first report due within two
years of the date of the Order.
Sec. 6. The Director of the Office of Management and Budget is authorized to issue guidelines to
Executive departments and agencies that govern which programs and activities are covered by this Order,
prescribe government-wide criteria and government-wide minimum due process procedures, and set forth
other related details for the effective administration of the guidelines.
Sec. 7. The Director of the Office of Management and Budget shall report the President within three
years of the date of this Order on Federal agency compliance with the Order, including the number of
exceptions made under Section 2(c), and shall make such recommendations as are appropriate further to
curb fraud. waste, end abuse..
THE WHITE HOUSE, February 18, 1986.
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29 CFR 98.510
---DISCLAIMER---
98.510 - Participants' responsibilities.
❑ Standard Number: 98.510
❑ Standard Title: Participants' responsibilities.
❑ SubPart Number: E
❑ SubPart Title: Responsibilities of GSA, Department of Labor and Participants
(a) Certification by participants in primary covered transactions. Each participant shall submit the
certification in appendix A to this part for it and its principals at the time the participant submits its
proposal in connection with a primary covered transaction, except that States need only complete such
certification as to their principals. Participants may decide the method and frequency by which they
determine the eligibility of their principals. In addition, each participant may, but is not required to, check
the Nonprocurement List for its principals (Tel. y1B). Adverse information on the certification will not
necessarily result in denial of participation. However, the certification, and any additional information
pertaining to the certification submitted by the participant, shall be considered in the administration of
covered transactions.
(b) Certification by participants in lower tier covered transactions. (1)Each participant shall require
participants in lower tier covered transactions to include the certification in appendix B to this part for it
and its principals in any proposal submitted in connection with such lower tier covered transactions.
(2) A participant may rely upon the certification of a prospective participant in a lower tier covered
transaction that it and its principals are not debarred, suspended, ineligible, or voluntarily excluded from
the covered transaction by any Federal agency, unless it knows that the certification is erroneous.
Participants may decide the method and frequency by which they determine the eligiblity of their
principals. In addition, a participant may, but is not required to, check the Nonprocurement List for its
principals and for participants (Tel. yis).
(c) Changed circumstances regarding certification. A participant shall provide immediate written notice
to Department of Labor if at any time the participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances. Participants in lower tier
covered transactions shall provide the same updated notice to the participant to which it submitted its
proposals.
Source: 55 FR 21688, 21696, May 25, 1990, unless otherwise noted.
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(Section 319, Public Law 101-121)
§ 1352. Limitation on use of appropriated funds to influence certain Federal contracting and
financial transactions
❑ (a)(1)None of the funds appropriated by any Act may be expended by the recipient of a Federal
contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with any Federal action
described in paragraph(2) of this subsection.
O (2) The prohibition in paragraph (1) of this subsection applies with respect to the following
Federal actions:
■ (A)The awarding of any Federal contract.
■ (B)The making of any Federal grant.
■ (C) The making of any Federal loan.
• (D)The entering into of any cooperative agreement.
• (E)The extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
O (b)(1)Each person who requests or receives a Federal contract, grant, loan, or cooperative
agreement from an agency or requests or receives from an agency a commitment providing for the
United States to insure or guarantee a loan shall file with that agency, in accordance with
paragraph (4) of this subsection -
It (A) a written declaration described in paragraph (2) or(3) of this subsection, as the
case may be; and
■ (B)copies of all declarations received by such person under paragraph(5).
❑ (2)A declaration filed by a person pursuant to paragraph(1)(A) of this subsection in
connection with a Federal contract, grant, loan, or cooperative agreement shall contain-
II (A)the name of any registrant under the Lobbying Disclosure Act of 1995 who has
made lobbying contacts on behalf of the person with respect to that Federal contract,
grant, loan, or cooperative agreement; and
• (B)a certification that the person making the declaration has not made, and will not
make, any payment prohibited by subsection (a).
O (3) A declaration filed by a person pursuant to paragraph (1)(A) of this subsection in
connection with a commitment providing for the United States to insure or guarantee a loan
shall contain the name of any registrant under the Lobbying Disclosure Act of 1995 who has
made lobbying contacts on behalf of the person in connection with that loan insurance or
guarantee.
❑ (4) A person referred to in paragraph(1)(A)of thi_ssubsection shall file a declaration referred
to in that paragraph- - -
■ (A)with each submission by such person that initiates agency consideration of such
person for award of a Federal contract, grant, loan, or cooperative agreement, or for
grant of a commitment providing for the United States to insure or guarantee a loan;
• (B)upon receipt by such person of a Federal contract, grant, loan, or cooperative
agreement or of a commitment providing for the United States to insure or guarantee a
loan, unless such person previously filed a declaration with respect to such contract,
grant, loan, cooperative agreement or commitment pursuant to clause(A); and
• (C) at the end of each calendar quarter in which there occurs any event that materially
affects the accuracy of the information contained in any declaration previously filed by
such person in connection with such Federal contract, grant, loan, cooperative
agreement, loan insurance commitment, or loan guaranty commitment.
❑ (5) Any person who requests or receives from a person referred to in paragraph (1) of this
subsection a subcontract under a Federal contract, a subgrant or contract under a Federal
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(C)), grant, cooperative agreement, subcontract (other than a subcontract referred to
in clause(C)), or subgrant that does not exceed $100,000; and
• (C) a request for or receipt of a loan, or a commitment providing for the United States
to insure or guarantee a loan, that does not exceed $150,000, or the single family
maximum mortgage limit for affected programs, whichever is greater, including a
contract or subcontract to carry out any purpose for which such a loan is made.
❑ (e) The Secretary of Defense may exempt a Federal action described in subsection(a)(2) from the
prohibition in subsection(a)(1) whenever the Secretary determines, in writing, that such an
exemption is in the national interest. The Secretary shall transmit a copy of each such written
exemption to Congress immediately after making such determination.
❑ (f) The head of each Federal agency shall take such actions as are nerPcc ry to ensure that the
provisions of this section are vigorously implemented and enforced in such agency.
❑ (g) As used in this section:
0 (1) The term"recipient", with respect to funds received in connection with a Federal
contract, grant, loan, or cooperative agreement -
■ (A)includes the contractors, subcontractors, or subgrantees (as the case may be) of
the recipient; but
■ (B) does not include an Indian tribe, tribal organization, or any other Indian
organization eligible to receive Federal contracts, grants, cooperative agreements, or
loans from an agency but only with respect to expenditures that are by such tribe or
organization for purposes specified in subsection (a) and are permitted by other
Federal law.
❑ (2) The term "agency"has the same meaning provided for such term in section 552(0 of title
5, and includes a Government corporation, as defined in section 9101(1) of this title.
❑ (3) The term"person" -
■ (A)includes an individual, corporation, company, association, authority, firm,
partnership, society, State, and local government, regardless of whether such entity is
operated for profit or not for profit; but
■ (B) does not include an Indian tribe, tribal organization, or any other Indian
organization eligible to receive Federal contracts, grants, cooperative agreements, or
loans from an agency but only with respect to expenditures by such tribe or
organization that are made for purposes specified in subsection (a) and are permitted
by other Federal law.
❑ (4) The term "State"means a State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or
instrumentality of a State, and a multi-State, regional, or interstate entity having -
governmental duties and powers. —
❑ (5)The term "local government" means a unit oftgovernment in a State and, if chartered,
established, or otherwise recognized by a State for the performance of a governmental duty,
the following entities:
• (A) A local public authority.
• (B) A special district.
• (C) An intrastate district.
• (D) A council of governments.
• (E) A sponsor group representative organization.
• (F) Any other instrumentality of a local government.
❑ (6)(A) The terms "Federal contract", "Federal grant", "Federal cooperative agreement" mean,
respectively-
■ (i) a contract awarded by an agency;
■ (ii) a grant made by an agency or a direct appropriation made by law to any
of 4
07/02/97 09:07:38
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29 CFR 93. 110
-DISCLAIMER---
93.110 - Certification and disclosure.
❑ Standard Number: 93.110
❑ Standard Title: Certification and disclosure.
o SubPart Number: A
o SubPart Tide: General
(a)Each person shall file a certification, and a disclosure form, if required, with each submission that
initiates agency consideration of such person for:
(1) Award of a Federal contract, grant, or cooperative agreement exceeding$100,000; or
(2) An award of a Federal loan or a commitment providing for the United States to insure or guarantee a
loan exceeding $150,000.
(b)Each person shall file a certification, and a disclosure form, if required, upon receipt by such person
of
(1) A Federal contract, grant, or cooperative agreement exceeding $100,000; or
(2) A Federal loan or a commitment providing for the United States to insure or guarantee a loan
exceeding$150,000,
Unless such person previously filed a certification, and a disclosure form, if required, under paragraph(a)
of this section.
(c)Each person shall file a disclosure form at the end of each calendar quarter in which the , occurs any
event that requires disclosure or that materially affects the accuracy of the informatioi6tained in any
disclosure form previously filed by such person under paragraphs(a) or(b) of this section. An event that
materially affects the accuracy of the information reported includes:
(1) A cumulative increase of$25,000 or more in the amount paid or expected to be paid for influencing
or attempting to influence a covered Federal action; or
(2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal
action; or, -
(3) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a
covered Federal action.
(d) My person who requests or receives from a person referred to in paragraphs(a) or(b) of this
section: = — -
(1) A subcontract exceeding$100,000 at any tier under a Federal contract; -
(2) A subgrant, contract, or subcontract exceeding$100,000 at any tier under a Federal grant;
(3) A contract or subcontract exceeding $100,000 at any tier under a Federal loan exceeding$150,000;
or,
(4) A contract or subcontract exceeding $100,000 at any tier under a Federal cooperative agreement,
Shall file a certification, and a disclosure form, if required, to the next tier above.
(e) All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the
person referred to in paragraphs (a) or(b) of this section. That person shall forward all disclosure forms
to the agency.
(f) Any certification or disclosure form filed under paragraph(e) of this section shall be treated as a
material representation of fact upon which all receiving tiers shall rely. All liability arising from an
erroneous representation shall be borne solely by the tier filing that representation and shall not be shared
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by any tier to which the erroneous representation is forwarded. Submitting an erroneous certification or
disclosure constitutes a failure to file the required certification or disclosure, respectively. If a person fails
to file a required certification or disclosure, the United States may pursue all available remedies, including
those authorized by section 1352, title 31, U.S.C.
(g) For awards and commitments in process prior to December 23, 1989, but not made before that date,
certifications shall be required at award or commitment, covering activities occurring between December
23, 1989, and the date of award or commitment. However, for awards and commitments in process prior
to the December 23, 1989 effective date of these provisions, but not made before December 23, 1989,
disclosure forms shall not be required at time of award or commitment but shall be filed within 30 days.
(h) No reporting is required for an activity paid for with appropriated funds if that activity is allowable
under either subpart B or C.
2 of 2 07/02/97 08:16:54
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transaction
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 E. BAXTER, CHAIR, WELD COUNTY BOARD OF COMMISSIONERS
Name And Title Of Authorized Representative
_ 07/09/97 z !i407S' ature Date
ATTACHMENT C
Instructions for Certification
1. By signing and submitting this proposal,the prospective recipient of Federal assistance funds is
providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective recipient of Federal
assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the
Federal Government,the Department of Labor(DOL)may pursue available remedies, including suspension
and/or debarment.
3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective recipient of Federal assistance funds
learns that its certification was erroneous when submitted or has become erroneous by reason of charged
circumstances.
4. The terms"covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction,"participant," "person," "primary covered transaction,"principal," "proposal," and "voluntarily
excluded," as used in this clause,have the meanings set out in the Definitions and Coverage sections of rules
implementing Executive Order 12549. You may contact the person to which this proposal is submitted for
assistance in obtaining a copy of those regulations.
5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that,should
the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred,suspended,declared ineligible,or voluntarily excluded from
participation in this covered transaction,unless authorized by the DOL.
6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that
it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered Transactions,"without modification,in all lower tier covered transactions
and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred,suspended,ineligible,or voluntarily excluded from the
covered transaction,unless it knows that the certification is erroneous. A participant may decide the method
and frequency by which it determines the eligibility of its principals. Each participant may but is not required
to check the List of Parties Excluded from Procurement or Nonprocurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions,if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with person who is suspended,
debarred,ineligible,or voluntary excluded from participation in this transaction,in addition to other remedies
available to the Federal Government,the DOL may pursue available remedies, including suspension and/or
debarment.
*Note: In these instances, "All," in the Final Rule is expected to be clarified to show that it applies to
covered contract/grant transactions over$100,000(per OMB).
ATTACHMENT D
Exhibit D
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Constance L. Harbert
To Board of Country Commissioners
Date June 24, 1999}
COLORADO From Walt Speckman, Executive Director, Human Services k(k)
Contract Amendment with the Colorado Department of Labor
Subject:
Enclosed for Board approval is Contract Amendment#One with the Colorado Department of
Labor and Employment regarding the Intergovernmental Agreement for the implementation
of the Weld County One Stop Career Center. The purpose of the Amendment is to clarify fiscal
matters and to address State personnel issues as they relate to Merit Staffing requirements.
Also enclosed is a Funding Letter/Funding Change Letter which provides $276,825.00 for the
period beginning July 1, 1998 through June 30, 1999.
If you have any questions, please feel free to telephone me at 353-3800 ext. 3317.
Fr'. _11 2
981107
Contract Routing No.: KAA 99-0039A
FUNDING LETTER/FUNDING CHANGE LETTER
State .fCilirodi Fi cal Year 1'9:-199'
Funding Letter No.: 98-1121-02 Date: July 1. 1998
On July 1. 1997 an original Intergovernmental Contract("Intergovernmental Contract")was entered into
between the Colorado Department of Labor and Employment,("the State"), and the Board of County
Commissioners of Weld County ("the Intergovernmental Contractor"). This Intergovernmental Contract has
Intergovernmental Contract routing number KAA 98-1121. The initial term of that Intergovernmental Contract
commenced on July 1. 1997 and ends on June 30.2000. In accordance with paragraph QL. of that
Intergovernmental Contract,the Intergovernmental Contractor is required to submit a yearly Plan for review
and approval by the State. The Intergovernmental Contractor has submitted a Plan for the State's 19 - 1999
fiscal year. The State has reviewed the Cost Allocation Plan,which appears to allocate costs to the benefiting
funding source, and hereby approves that Cost Allocation Plan based on the representations contained in that
Plan. The Intergovernmental Contractor will perform consistent with that Plan.
The undersigned agree that the total financial obligation of the State to the Intergovernmental Contractor for
performance of this Intergovernmental Contract is Two Hundred Seventy-six Thousand.Eight Hundred
Twenty-five Dollars($276.825.001 for State fiscal year 192$- 1922.
The effective date of this Letter is July 1. 1998. However, in no event shall this Letter be deemed valid
until it shall have been approved by the State Controller or such assistant as he may designate.
IN WITNESS WHEREOF,the parties have executed this Letter as of the date and year first above written.
CONTRACTOR: STATE:
BOARD OF COUNTY COMMISSIONERS OF STATE OF COLO O
WELD COUNTY Roy Romer,Gover r
By: ( e--xcrrac2C_,
Connie Harbert (06/29/98) nNu it
Chair xecutive Director
FEIN: 84-6000813 Department of Labor& Employment
APPROVALS
DEPARTMENT OF PERSONNEL
OFFICE OF THE STATE OF COLORADO
Clifford W.Hall,State Controller
7
By:
Melvin .Madden
State Controller Designee
ROY ROMER OF' °�
AQ DEPARTMENT OF LABOR AND EMPLOYMENT
O
Governor t. :::
OFFICE OF FINANCE
JON NUMAIR
Executive Director •1876* Two Park Central, Suite 700
1515 Arapahoe Street
MELVIN MADDEN Denver, CO 80202-2117
Associate Director
for Finance
July 27, 1998
Ms. Linda Perez, Director
Weld County Employment Center
PO Box 1805
Greeley, Colorado 80631
Dear Ms. Perez:
The contract listed below has been approved. One original signed copy of this contract is attached for your files.
Enclosed are new computer reports which reflect this contract:
CONTRACTROUT[NG ReFPRENCE
PROJECT NAME NUMBER AMOUNT, YEAR TITLE CODE
Wagner Peyser 98-1121/99-0039A $276,825.00 1998 W N/A
Please submit a letter which identifies authorized signatures for this contract; attach this signature letter to your first
voucher submission. If you have any questions,please call Ms. Thirza Kennedy, at 620-4459. Thank you.
Sincerely,
9)1
Melvin Madden
Associate Director for Finance
Enclosures
X Contract# 98-1121/99-0039A
X NFA#2&
X Cash Request
X Expense Report-VAX#(s)4471
cc: Central Files
PSP Files;99-0039
Block year:98 Name:WC WELD - NFA Balance = $ 709.494.000R
On 07/27/98 at 3:00 PM
Batch key: Type: Class:8 Subclass: FYF:PP98 LUP:07/27/98
Account Report Description (abb) Debit Credit Balance
NN01 NFA #98-6 0.00 0.00 0.00
NN02 CASH REQUEST 3508 0.00 0.00 0.00
6N01 PY96 0.00 0.00 0.00
6601 PI 6/98 4306 0.00 0.00 0.00
6701 CB 6/98 4307 0.00 0.00 0.00
6A01 IIA 06/99 4226 0.00 0.00 0.00
6B01F IIB 6/99 4303 0.00 0.00 0.00
6C01 IIC 06/99 4227 0.00 0.00 0.00
6F016 ED 60% 6/98 4228 0.00 0.00 0.00
7N01 PY97 0.00 0.00 0.00
7601 PI 6/99 4384 0.00 13.681.00 13.681.000R
7701 CB 6/99 4385 0.00 4,263.00 4.263.000R
7A01 IIA 6/00 4270 0.00 0.00 0.00
7801F IIB 6/00 4391 0.00 0.00 0.00
7C01 IIC 6/00 4279 0.00 0.00 0.00
7F016 ED 60% 6/99 4288 0.00 0.00 0.00
8N01 PY98 0.00 0.00 0.00
8A01 IIA 6/01 4425 0.00 211.789.00 211.789.000R
8C01 IIC 6/01 4426 0.00 32,659.00 32.659.000R
8F016 ED 60% 6/00 4427 0.00 170.277.00 170.277.000R
8W01 W/P 6/99 4472 0.00 276.825.00 276,825.000R
Signature -- Date: "�7-Y-f.
Group total: $ 276.825.000R
Block year:98 Name:WC WELD - NFA Balance = $ 709.494.000R
On 07/27/98 at 1:23 PM
Batch key: Type: Class:8 Subclass: FYF:PP98 LUP:07/23/98
Trn Description Account Amount TP PDT Identifier GCD Lup TF A Pgm Stored
25526 98-6 AWARD W/P TO OSC 8W01 276.825.000 A 07/23/98 A-8511 25526 07/23/98 376595 07/23/98
Access set to GJTOFFICE
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PCN 07/27/98 at 2:57 PM CASH REQUEST FORM VAX #: 3508 Page 1 of 2
GRANTOR: GRANTEE: CRP:SC PRO:WC FYF:PY93
COLORADO DEPT OF LABOR & EMPLOYMENT WELD -- CASH REQUEST TIT: 0 LCO: C/S:C A
1515 ARAPAHOE ST TOWER 2. #700 MAIL TO LINDA PEREZ CTP: ALO: 2120
DENVER CO 80202 P.O. BOX 1805 REF:N/A
DANNY CHAVEZ (303) 620-4456 GREELEY CO 80631 IDN:846000813 *
LINDA PEREZ, DIRECTOR (970) 353-3800
WELD -- CASH REQUEST
Contract Start:07/01/93 Amount: 5.735.353.84 For Period From: Cash Request #:
End:06/30/99 Balance: 887.818.22 To:
I Total I Current I
Spending Program Program Cash Undrawn Program Program Cash
Authority Cash Needs Income Drawn Cash Cash Needs Income Draw
FCS123 Description **-XX (A) (B) (C)* (D=B+C) (E=A-D) (F) (G)* (H=F+G)
+ + + +
50001 ..9801099 C/I 0.00 0.00 0.00 0.00 0.00 I I I I
+ + + +
50001 . .PY95 WC509 0.00 0.00 0.00 0.00 0.00 I I I
+ + + +
5N601 6-4151 6/97 16.228.00 16.228.00 0.00 16,228.00 0.00 I I I
+ + + +
5N701 7-4152 6/97 6.706.00 6,706.00 0.00 6.706.00 0.00 I I I I
+ + + +
5NA01 1-4112 6/98 294,660.00 294.660.00 0.00 294,660.00 0.00 I I I
+ + + +
5N801 4-4144 6/98 35,919.00 35,919.00 0.00 35,919.00 0.00 I I I
+ + + +
5NBO1F 8-4180 6/98 179.981.00 179,981.00 0.00 179.981.00 0.00 1 I I I
+ + + +
5NC01 2-4113 6/98 77.327.00 77,327.00 0.00 77.327.00 0.00 I I I I
+ + + +
5NF016 3-4114 6/97 181.699.27 181,699.27 0.00 181.699.27 0.00 I I I I
+ + + +
60001 ..9801100 C/I 0.00 0.00 0.00 0.00 0.00 I I I I
+ + + +
60001 ..PY96 WC609 0.00 0.00 0.00 0.00 0.00 I I I I
+ + + +
6N601 4-4306 6/98 12.810.00 12,810.00 0.00 12,810.00 0.00 I I I I
+ + + +
6N701 5-4307 6/98 4.791.00 4,791.00 0.00 4,791.00 0.00 I I I
6NA01 1-4226 6/99 185,528.00 185,528.00 0.00 185.528.00 0.00 I I I
+ + + +
6NBO1F 6-4303 6/99 227,633.00 195,987.52 0.00 195.987.52 31,645.48 I I I
+ + + +
6NC01 2-4227 6/99 30,686.00 30.686.00 0.00 30,686.00 0.00 I I I
+ + + +
6NF016 3-4228 6/98 105,690.78 105,690.78 0.00 105,690.78 0.00 I I I I
+ + + +
70001 ..9801021 0.00 0.00 0.00 0.00 0.00 I I I I
+ + + + -
70001 . .PY97 WC709 0.00 0.00 0.00 0.00 0.00 I I I
+ + + +
PCN 07/27/98 at 2:57 PM CASH REQUEST FORM VAX #: 3508 Page 2 of 2
I Total I Current I
Spending Program Program Cash Undrawn Program Program Cash
Authority Cash Needs Income Drawn Cash Cash Needs Income Draw
FCS123 Description **-XX (A) (B) (C)* (D=B+C) (E=A-D) (F) (G)* (H=F+G)
+ + + +
7NA01 1-4270 6/00 206,848.00 189.738.27 0.00 189,738.27 17,109.73 I I I I
+ + + +
7NBO1F 4-4391 6/00 254.650.00 0.00 0.00 0.00 254.650.00 I I I I
+ + + +
7NC01 2-4279 6/00 51,764.00 46,027.43 0.00 46,027.43 5,736.57 I I I I
+ + + +
7NF016 3-4288 6/99 111.928.00 89,745.56 0.00 89,745.56 22.182.44 I I I I
+ + + +
7NN02 . . .9801121 0.00 0.00 0.00 0.00 0.00 I I I I
+ + + +
7NW01 3-4464 6/98 252.859.00 252,859.00 0.00 252,859.00 0.00 I I I I
+ + + +
7NW07 4-4465 6/98 1,380.00 1,380.00 0.00 1,380.00 0.00 I I I I
+ + +
7NWOA STATE PS/PB/N 0.00 0.00 0.00 0.00 0.00 I I I I
+ + + +
8NNN1 . .990061 0.00 0.00 0.00 0.00 0.00 I I I I
+ + + +
8NNO1 . .9801121 0.00 0.00 0.00 0.00 0.00 I I I I
+ + + +
8NW01 6-4472 6/99 276.825.00 0.00 0.00 0.00 276,825.00 I I I I
+ + + +
NNZO1 COMP. ABSENCE 0.00 0.00 0.00 0.00 0.00 I I I I
+ + + +
TOTAL 2.515.913.05 1,907.763.83 0.00 1.907,763.83 608.149.22 I I I I
* Program income should be reflected as a negative number.
I certify that to the best of my knowledge and belief the data above are correct and this
request for payment is to meet immediate cash needs for allowable contract/grant purposes.
Signature: Title: Date:
PFB on 07/27/98 at 1:23 PM F= 59194 C= 3508 T= 376734 St:07/27/98 at 1:20 PM
ALO WELD -- CASH REQUEST 5,735,353.84
2120 MAIL TO LINDA PEREZ E= 4,847,535.62
P.O. BOX 1805 GREELEY CO 80631 A= 0.00
LINDA PEREZ, DIRECTOR (970-353-3800) SKY SDA OB= 0.00
846000813 * BU= 5.735.353.84
WELD -- CASH REQUEST Local #:N/A St #:
Start 07/01/93 Amount $ 5.735.353.84 Amend Title/Title 0 Class C
End 06/30/99 Monitor SC Org Project/Subproject WC Subclss A
Terminate / / Clients 2,681 Reference N/A Contr type
Frozen / / CFDA Update on 07/27/98 Local code
Tran type A Code TK Cost from 07/01/98 98-6 NEW AWARD ACC
Proc date 07/27/98 To 06/30/99 Last upd 07/27/98 EXP
Voucher # A-8511 Check # On / / EXP+ACC
Warrant # Obligation
Dept Curr Budget Tot Budget 276.825.00
FCS123 Description Current Budget Total Budget Obligation
8NWO1 6-4472 6/99 276,825.00
Access set to GJTOFFICE
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PCT 07/27/98 at 1:23 PM EXPENSE REPORT FORM VAX #: 4472 Page 1 of 1
GRANTOR: GRANTEE: CRP:MV PRO:WC FYF:PP98
COLORADO DEPT OF LABOR & EMPLOYMENT WELD -- EXPENSE TIT: W LCO: C/S:8 A
1515 Arapahoe St. Tower 3 #660 MARILYN CARLINO - FINANCIAL CONTACT (x3350) CTP: ALO: 2609
Denver CO 80202 P.O. BOX 1805 REF: CFDA:17.207
Contact: Su Cha (303) 620-4654 GREELEY CO 80631 IDN:846000813 *
LINDA PEREZ, DIRECTOR (970) 353-3800 Local #: State #:
WELD - WAGNER PEYSER
Contract Start:07/01/98 Award: 276,825.00 For Period From: Check if: [ ] Expense Adjustment
End:06/30/99 Balance: 276,825.00 To: [ ] Final Report
Total I Current
Budget Disbursed Accrued Expended Balance Change-To-Dish. Change-To-Accrual
FCS123 Descript ** (A) (B) (C) (D=B+C) (E=A-D)
+ + +
8NWW1 WAGNER PEYSER 276.825.00 0.00 0.00 0.00 276.825.00
+ + +
TOTAL 276,825.00 0.00 0.00 0.00 276,825.00
+ + +
I certify to the best of my knowledge and belief the financial data above are reported correctly and were incurred for
allowable contract/grant purposes.
Signature: Title: Date:
Access set to GJTOFFICE
Use /MOD to change signature criteria
PFB on 07/27/98 at 1:23 PM F= 59195 C= 4472 T= 376735 St:07/27/98 at 1:23 PM
ALO WELD -- EXPENSE 276,825.00
2609 MARILYN CARLINO - FINANCIAL CONTACT (x3350) E= 0.00
P.O. BOX 1805 GREELEY CO 80631 A= 0.00
LINDA PEREZ. DIRECTOR (970-353-3800) SKY SDA OB= 0.00
846000813 * BU= 276.825.00
WELD - WAGNER PEYSER Local #: St #:
Start 07/01/98 Amount $ 276,825.00 Amend Title/Title W Class 8
End 06/30/99 Monitor MV Org Project/Subproject WC Subclss A
Terminate / / Clients 2,680 Reference Contr type
Frozen 06/30/98 CFDA 17.207 Update on 07/27/98 Local code
Tran type A Code TK Cost from 07/01/98 CREATE ERF ACC
Proc date 07/27/98 To 06/30/99 Last upd 07/27/98 EXP
Voucher # A-8511 Check # On / / EXP+ACC
Warrant # Obligation
Dept Curr Budget Tot Budget 276,825.00
FCS123 Description Current Budget Total Budget Obligation
8NWW1 WAGNER PEYSER 276.825.00
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