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HomeMy WebLinkAbout960901.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL CONTRACT FOR 1996 JOB SERVICE BETWEEN EMPLOYMENT SERVICES AND COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT 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 an Intergovernmental Contract for the 1996 Job Service between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Division of Human Services, Employment Services of Weld County, and the Colorado Department of Labor and Employment, commencing July 1, 1996, and ending June 30, 1997, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Intergovernmental Contract for the 1996 Job Service between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Division of Human Services, Employment Services of Weld County, 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 contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of May, A.D., 1996. BOARD OF COUNTY COMMISSIONERS EII� M�% WEJ,D COUNTY, COLORADO cilii.A.- kit 1861 �.' fa �p Barbar J. Kirkmeyer, C air %% O . . .�. ty Clerk to the Board - -1, tEz o e���1 I I rge Baxter, Pr Tern Deputy Cle to the Board bale K. Hall AP D AS T • . 1 `�'� ..�, � Constance L. Harbert Attor Fx lS 1'H-Webster / 960901 CC. ; f7.5 HR0067 Department or Agency No.: ,CAA Contract Routing No.: 97-1020 Weld County Labor Exchange and Employment Services Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. This INTERGOVERNMENTAL CONTRACT is made this 28th day of June, 1996, by and between: THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY 915 10th Street P.O. Box 758 Greeley,CO 80632 (County) and THE STATE OF COLORADO, acting by and through, THE DEPARTMENT OF LABOR AND EMPLOYMENT 1515 Arapahoe Street,Tower 2,Suite 400 Denver, CO 80202-2117 (State) WHEREAS, authority exists in the Law and Funds have been budgeted. appropriated and otherwise made available and a sufficient encumbered balance thereof remains available for payment in Fund Code 100, Organizational Unit Code 7414,Appropriation Code 306, Program Code 1100, Function Code 7500, and • Grant Budget Line Codes 2056 and 1656, under Contract Encumbrance Number C9701020; WHEREAS,pursuant to Section 24-101-105 C.R.S., as amended, Intergovernmental Contracts between the State and one of its political subdivisions are exempt from the State procurement code and the selection and bidding requirements contained therein; WHEREAS, it is the intent of the parties in entering into this Intergovernmental Contract to provide training and employment opportunities to the unemployed,underemployed,economically disadvantaged adults and youth, and other individuals facing serious bathers to employment,those seeking work, and to increase the earned income of the economically disadvantaged under a single delivery system; and Page 1 of 24 960901 Department or Agency No.: KAA Contract Routing No.: 97-1020 Weld County Labor Exchange and Employment Services Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. WHEREAS. it is the intent of the parties in cntenng into this Intergovernmental Contract to maintain the name "State of Colorado, Greeley Job Service Center. and the Employment Services of Weld County" as the program name of this single delivery system; WHEREAS,the parties acknowledge that this is an Intergovernmental Contract for a one(1)year term. The approval of this Intergovernmental Contract shall not be considered as the approval of any subsequent Intergovernmental Contract,nor as the express or implied intention of the parties to renew this Intergovernmental Contract; WHEREAS, the parties expressly acknowledge that this Intergovernmental Contract is not an exclusive Intergovernmental Contract for the delivery of services in Weld County,specifically,the State may place out-stationed employees in Weld County when Federal requirements will not permit the County to meet these requirements; WHEREAS, the State has in place an out-stationed employee to service Weld County veterans and the County agrees to cooperate fully(i.e., provide unrestricted and immediate access to any program information) with this State employee; WHEREAS, it is the parties'intention that the functions of the State's out-stationed employees will be reasonably coordinated with the County's performance pursuant to this Intergovernmental Contract; 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 promises,mutual covenants and obligations herein contained. A. EFFECTIVE DATE and TERM. The effective date of this Intergovernmental Contract is Jiirae 28. 1996. The initial term of this Intergovernmental Contract shall commence on July 1. 1996 and end on June 30, 1997. Page 2 of 24 a . 960991 Department or Agency No.: KAA Contract Routing No.: 97-1020 Weld County Labor Exchange and Employment Services Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. B. DEFINITIONS. For purposes of this Intergovernmental Contract only, the following words are given the following functional definitions: I. "Applicant" is defined to mean: any individual applying for or receiving benefits under programs covered by this Intergovernmental Contract. C. DUTIES AND OBLIGATIONS OF THE COUNTY. In performing its duties and obligations under this Intergovernmental Contract: 1. Compliance with Federal Law. The County shall comply with the Wagner-Peyser Act, its applicable rules and regulations,as amended (including completing all necessary forms,and maintaining sufficient records). The County acknowledges that it shall,at its cost, implement changes or methods of operation recommended by the State in order to maintain its services pursuant to this Intergovernmental Contract in conformance with the Wagner-Peyser Act,its rules and regulations, as amended. The County shall only incur additional costs only to the extent that State's focal Job Service Centers incur like costs in implementing these changes or methods of operation. 2. Job Service Center Functions. The County shall. during the hours from 8:00 a.m. through 5:00 p.m., Monday through Friday(State holidays excepted),provide the following services: A. Job Placement Services. Manage and provide job placement services to applicants and employers including,but not limited to the following functions. I. Receive, classify, and record job order information from employers; including name and address of employer,employer contact,classifying and recording information on employer job requirements,job content and conditions of employment. 2. Inform employers of the availability of applicants. Page 3 of 24 960901 Department or Agency No.: KAA Contract Routing No.: 97-1020 Weld County Labor Exchange and Employment Services Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. 3. Receive. classify and record work registration information such as applicants' skills and abilities in accordance with State policies and procedures. Input of this information will be periodically monitored to assure that quality applicant information is being gathered and input. 4. Evaluate the qualifications of applicants selected from the application files and refer those applicants who most nearly meet the specifications on the employer's job order. Prior to releasing a job order to non-veteran applicants,or referring non-veteran applicants to an employer,the Intergovernmental County's Local Veteran Employment Representative or the delegate appointed pursuant to the provisions of Paragraph 7.1, as hereinafter set forth, shall: a. Search the files of the applications of all veteran applicants and refer the eligible veteran applicants to the employer; and b. Approve, in writing,the release of the job order to non-veteran applicants because either there were no eligible veterans for referral or all eligible veterans had been contacted and referred to the employer. 5. Provide follow-up to employers listing job orders in accordance with departmental time frames for all such activity. B. Job Development Activities. 1. General. Conduct ongoing public relations activities to inform the Weld County employer community of the Intergovernmental County's services. Acceptable activities include mass mailing,mass advertising campaigns, telephone canvassing or conducting seminars directed at the employer community. 2. Service to Individual Applicants. Whenever an applicant cannot in good faith be referred to a job order because of either the applicant's qualifications or personal needs, the County shall contact all appropriate employers,via telephone or in person,to inform them of an applicant's availability, and of the applicant's qualifications. The Intergovernmental County shall consolidate,where appropriate, all contacts to an employer(or person) to limit the number of contacts to a single employer. 3. Provision of Information. Provide, upon request, local and state labor market information to applicants and employers. Page 4 of 24 • 96®901 Department or Agency No.: KAA Contract Routing No.: 97-1020 Weld County Labor Exchange and Employment Services Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. C. Performance Goals, 1. General. The overall minimum performance standard for the Job Service Program shall be established in the planning process between the Field Operations Unit and the Job Service Center Manager. With respect to veteran applicants,the County shall comply with the percentages mandated by Federal Veteran Placement Standards. • D. Special Services to Unemployment Insurance Recipients (Unemployment Insurance Claimants). The County shall: L Notify all employers who place a job order with the Intergovernmental County of the benefits and opportunities of hiring Unemployment Insurance claimants. • 2. Refer questions regarding unemployment insurance claims' procedures and processing to the centralized UI Unit in Denver via the toll free 800 telephone number. a. Schedule and register UI claimants for work in accordance with departmental procedures. b. Conduct follow-up activities as appropriate. E. Vocational Guidance and Counseling Services. Provide vocational guidance and counseling services to assist all applicants with problems in vocational choice, change,or adjustment. The services of the County shall include the development and maintenance of individualized Employability Development Plans. F. Testing Services. Provide testing services to applicants to obtain information on aptitudes and skills, as an aid in counseling, and in the selection of applicants for jobs. The County shall comply with 41 CFR, 60-2,29 CFR 1627, and CFR 32 in conducting Employment Testing services. G. Non-Job Order Referral Services. Refer applicants,where appropriate,to other agencies for vocational rehabilitation,health care, financial aid,child care and other support services,or other employment and training services. Page 5 of 24 960901 Department or Agency No.: KAA Contract Routing No.: 97-1020 Weld County Labor Exchange and Employment Services Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. 1. In the event the County refers an applicant to an agency providing any of the above services. the County shall conduct follow-up activities after the referral to determine if the applicant received the needed services and whether the County can provide additional services to the applicant 2. The County shall give priority to eligible veteran applicants over non-veteran applicants in making the above referrals. H. Special Services for the Disabled. Designate at least one person whose duties shall include providing the services and activities described within this Intergovernmental Contract for disabled persons. I. . Other Services. Provide intrastate and interstate clearance of job orders, complaint resolution. and employer assistance with equal employment opportunity regulations to applicants and employers. J. [pout into the State computer system. In addition to maintaining records and completing the required forms: 1.- The County shall track and input all transactional information and other information necessary to update the State's ENDS/ODDS files via direct input into the State of Colorado. Department of Labor and Employment computer system on a daily basis:or 2. The County may input this data into other automated JTPA systems on a daily basis with the approval of the Colorado Department of Labor and • Employment. 3. More specifically, but without exclusion,the County shall input,on a daily basis.the following information: a. All application information received froth applicants; b. Services provided to applicants(referrals to job orders,referrals to other organizations,job placements,workshops,etc.); and c. Job orders received from employers with specification of whether the employer is a Federal Intergovernmental County. Page 6 of 24 9609`x'1 Department or Agency No.: KAA Contract Routing No.: 97-1020 Weld County Labor Exchange and Employment Services Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. 3. County's Duties Concerning Accessing and Using State Information. The County shall: • A. Adhere to Section 8-72-107 C.R.S.. as amended, of the Colorado Employment Security Act and shall not release any State information to any other person or entity other than the individual wage earner, benefit recipient.or employing unit. 1. Except for releasing information for the purpose of conducting normal placement and counseling activities, all other requests must be cleared through the Intergovernmental Contract Coordinator. 2. Section 8-72-107 C.R.S., as amended states in part that information obtained from any individual pursuant to the administration of the department shall be held confidential. The restriction states that the information shall not be given "in any manner revealing the individual's or employing unit's identity". This section provides fines and imprisonment for violation,of its provisions. B. Use and Access of State Information. 1. Only use and access the State information to the extent necessary as specified in Part C, Section 2 above. Only the County's employees who are directly responsible for those uses specified in Part C, Section 2 above shall have access to or use of the State information. 2. Prior to allowing any employee to access or use any State information or participate in any State job placement activity,the County shall require such person to review and agree to(by signing a copy of the"Notice of Personal Compliance" form, incorporated herein by reference and attached hereto as "Exhibit A") abide by the terms of this Intergovernmental Contract. Also, if the County requests transaction level access rather than just inquiry capability,the County shall require each person to obtain an acceptable security clearance. The elements of an acceptable security clearance are: I)criminal record check must be arranged through a legitimate law enforcement agency, 2)the criminal record check must fully identify the issuing law enforcement agency and must bear the signature of the issuing law enforcement official. 3)the criminal record check must reveal that the non-State user has no job-related felony convictions arising from an offense(s) occurring in the five-year period preceding the request for new or additional transaction level access to security sensitive applications,4) the non-State user or agency must be responsible for all costs of the criminal record check. Page 7 of 24 960921 Department or Agency No.: KAA Contract-Routing No.: 97-1020 Weld County Labor Exchange and Employment Services Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. • If an acceptable security clearance is not submitted. transaction level access will be denied. The County shall also provide all completed compliance • forms to the States Contract Coordinator. The determination of an acceptable security clearance is solely within the discretion of the State. 3. The County shall take all necessary precautions (including but not limited to: safeguarding the storage of State information,restricting which employees or agencies are given access to State information)to protect the State information from unauthorized access, usage, or release. 4. The County shall permit employees, or authorized agents.of the State to make on-site inspections.during normal business hours, to ensure that the requirements of the Colorado Employment Security Act and applicable Federal statutes and regulations are being met. 5. The County shall comply with all security and access procedures established by the State and submit the names of employees or agents authorized to access State information to the State's Intergovernmental Contract Coordinator. As these personnel change, updates shall be provided to insure that access is limited to authorized personnel at authorized terminals. 6. The County shall abide by and agree to, by signature where appropriate, the Code of Ethics and Reporting(attached hereto as "Exhibit B)the Gratuities and Credit for Placement Policy Statement attached hereto as "Exhibit C", Memorandum for Certification of Compliance with State of Colorado Employment Policies, attached hereto as "Exhibit D", and the Code of Ethics and Reporting regarding the Access and Use of State Information and Job Placement, attached hereto as "Exhibit E". • 4. Services to Veterans. In addition to its Job Service Center functions,the County shall: A. Provision of Employee. Provide, at the County's own expense. a full-time Local Veterans Employment Representative("LVER"),or an individual designated by the Intergovernmental County to perform the duties of a LVER in the event of the full-time LVER's absence,who shall be fully devoted to discharging the following duties: Page 8 of 24 960W 1 Department or Agency No.: hAA Contract Routing No.: 97-1020 Weld Counry Labor Exchange and Employment Services Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. B. Supervision of Services. Functionally supervise all of the County's services to eligible veterans: C. Maintenance of Contacts Maintain regular,but not less frequently than on a monthly basis, contact with community leaders,employers. labor unions,training programs, and veterans' organizations and eligible veterans: • D. Provision of Services. Personally provide,or functionally supervise the delivery of job service center services to eligible veterans,including intake, assessment, counseling,job-search assistance, referral and placement; E. Job List Monitorinp. Monitor the listing of jobs and subsequent referrals of qualified veterans with employers who have Federal government Intergovernmental Contracts in excess of Ten Thousand and No/100 Dollars (S18,000.00). F. Renortine of Complaints. Report,in writing,all complaints filed under U.S.C., Title 38, Chapter 42, Section 2003,to the: Department of Labor and Employment,Employment Services Branch, 1515 Arapahoe Street,Tower 2, Suite 400,80202-2117,Attn: State Veterans' Coordinator. The County shall take special precautions to report those complaints regarding failures by Federal agencies to list vacant positions with the County;complaints regarding failures to implement veterans preference laws; and complaints against employers who should comply with the Mandatory Job Listing Program. G. Resolution of Complaints_. Resolve complaints filed under U.S.C., Title 38,Chapter 42,Section 2003. Any complaints not resolved within ten(10)days of their receipt shall be referred to: Department of Labor and Employment, Employment Services Branch, 1515 Arapahoe Street,Tower 2,Suite 400, Denver, CO 80202-2117,Attn: State Veterans' Coordinator. H. Notification to Employers. Notify all employers,labor unions, and training programs that place a job order with the County of the benefits and opportunities in conducting on-the-job training and apprenticeship programs for veterans. Page 9 of 24 960901 Department or Agency No.: KAA Contract Routing No.: 97-1020 Weld County Labor Exchange and Employment Services Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. 1. Assistance to Employers. Assist employers in identifying and acquiring prosthetic and sensory aids and devices to enhance the employment of disabled veterans. J. Cooperation with Related State Activities. Cooperate with the State's efforts to service Weld County veterans. The County shall provide unrestricted and immediate access to, and copies of. all employers,employers'contacts,job listings, and any applicant information to the State upon request. The County shall not take any action to hinder, interfere, or delay the State's efforts,whether those efforts are in conjunction with,or independent of,the County's,to improve service to the citizens of Weld County. K. Acknowledgment. The County acknowledges that the State's Disabled Veteran Outreach Program(DVOP) and its need to conduct job development and referral • within Weld County. Accordingly, the County shall cooperate fully and release information in accordance with the above provision to this program. • L. Housing Inspections. Conduct six(6)housing inspections pursuant to 20 CFR Part 654, and Occupational Safety and Health(OSHA) Regulation 1910.142. M. Migrant and Seasonal Farm Workers. Meet all current Migrant and Seasonal Farm Workers' Equity and Minimum Service Level indicators and comply with 20 CFR Parts 651, 652 and 653. • N. . Alien Immigration. Forward all inquiries related to Non-Agricultural Alien Labor Certifications to: Colorado Department of Labor and Employment,State Immigration Program Coordination, 1515 Arapahoe Street,Suite 400, Denver, CO 80202-2117. O. Submission of Monthly Invoices. Submit monthly expenditure statements itemizing costs incurred by type, amount, and individual on forms prescribed by the State. P. Additional Costg. The County acknowledges that it shall be solely responsible for any and all costs associated with providing the Local Veterans Employment • Representative. Under no circumstances shall any of the above funding be used to pay for such expenses. Page 10 of 24 960931 Department or Agency No.: KAA Contract Routing No.: 97-1020 Weld County Labor Exchange and Employment Services Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. Q. Property Management. The State agrees to loan all State computer equipment presently in the possession of the County for the term of this Intergovernmental Contract. Title to all such property shall remain with the State. I. The County shall continue to maintain during the term of this Intergovernmental Contract a complete inventory of the equipment which is covered by this Intergovernmental Contract. A signed document listing the inventory and receipt of such equipment shall be retained by both the State and the County. The County shall be responsible for any loss of State property and, any damage beyond ordinary wear and tear to State property. 2. The County shall not loan or otherwise permit the use of this equipment to parties outside of the County's program. 3. The County shall maintain sufficient insurance courage on all of the State's equipment in the possession of the County. Such insurance coverage shall be in an amount sufficient to reimburse the State for the actual replacement cost of the equipment and shall cover,at a minimum,loss or damage from fie, flood,acts of God, theft and negligence. The County shall provide sufficient proof of the above insurance coverage to the State upon receipt of the State's written request. R Acknowledgment of the State's Contribution in Publications. Acknowledge in all its correspondence,publications,or materials distributed to the public,that all employment services by the County are provided in cooperation with the State of Colorado, Department of Labor and Employment. Such acknowledgment shall be made conspicuously and in plain language. S. Simile Audit Compliance. The Counts'agrees: 1. To permit an independent auditor of the State to have access to the County's records and financial statements as necessary to comply with the Single Audit Act as implemented in OMB Circular A-128; to arrange for an annual financial and compliance audit in accordance with OMB Circular • A-128; and,to deliver a copy of the audit report within thirty(30)days of its issuance,to the State Page I 1 of 24 960901 Department or Agency No.: KAA Contract Routing No.: 97-1020 Weld County Labor Exchange and Employment Services Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. D. DUTIES AND OBLIGATIONS OF THE STATE. In performing its duties and obligations under this Intergovernmental Contract: I. Training. Where appropriate and applicable, as determined by the State,the State shall: A. Provision of Training. Provide programmatic training or technical assistance to the Intergovernmental County on the same basis such programmatic training or technical assistance is made available to the State's local Job Service Centers. B. Provision of Additional Training or Technical Assistance. Provide additional • training or technical assistance.or both,may be made available to the County,at the County's cost, by the State,upon the County's request if such request is deemed to be reasonable by the State and the State has resources available to provide the additional training. 2. Plan Advisement. The State shall advise the County of its DVOP representative's plan of action for job development on a monthly basis. 3. Provision of Necessary Forms. The State shall provide to the County all forms necessary for the County to perform Job Service Center functions under the Wagner-Peyser Act of 1933. 4. Compensation. In consideration for the services of the County, as described-above in this Intergovernmental Contract,the State shall compensate the County as follows: A. For all services except for Veterans' Services and Housing Inspections One Hundred,Ninety-six Thousand,Nine Hundred,Seven Dollars ($196,907.00); B. For Housing Inspections. (6 inspections at$230.00 each) One Thousand,Three Hundred, Eighty Dollars ($1,380.00). • Page 12 of 24 960911 Department or Agency No.: f-IA • Contract Routing No.: 97-1020 Weld County Labor Exchange and Employment Services Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. • C. The County acknowledges that it shall be solely responsible for any and all costs associated with providing the Local Veterans Employment Representative. Under no circumstances shall any of the above funding be used to pay for such expenses. D. In no event shall the State's total obligation to the County under this Intergovernmental Contract exceed One Hundred Ninety-Eight Thousand,Two Hundred Eighty-Seven and No/100 Dollars (SI98,287.00). • E. ADDITIONAL PROVISIONS. 1. Legal Authority. The County warrants that it possesses actual legal authority to enter into this Intergovernmental Contract. The person or persons signing this Intergovernmental Contract,or any attachments or amendments hereto, also warrant(s)that such person(s) possess actual legal authority to execute this Intergovernmental Contract,and any attachments or amendments hereto, on behalf of the County. 2. RELATIONSHIP OF PARTIES. THE County SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT County AND NOT AS AN EMPLOYEE OF THE STATE. NEITHER THE COUNTY NOR ANY EMPLOYEE OR AGENT OF THE COUNTY SHALL BE. OR SHALL BE DEEMED TO BE.AN EMPLOYEE OR AGENT OF THE STATE. THE COUNTY SHALL PAY WHEN DUE ALL REOUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS INTERGOVERNMENTAL CONTRACT. THE COUNTY ACKNOWLEDGES THAT THE COUNTY AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE COUNTY OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. THE COUNTY 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 COUNTY SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION INSURANCE COVERAGE LAND 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 COUNTY.ITS EMPLOYEES AND AGENTS. Page 13 of 24 960901 Department or Agency No.: KAA Contract Routing No.: 97-1020 Weld County Labor Exchange and Employment Services Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. 3. Federal Funding. Total or partial payment pursuant to this Intergovernmental Contract may be in Federal funds. As such,the State's obligation to make payments under the terms of this Intergovernmental Contract is 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,become unavailable as determined by the State, the State may immediately terminate this Intergovernmental Contract. 4. Federal Certification on Debarment and Suspension (required for all Intergovernmental Contracts above$25.000). The County 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 County 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 A". A completed and signed original Certification shall be provided to the State by the County. 5. Federal Certification on Lobbying Activities (required for all Intergovernmental Contracts above 5100.0002. The County 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 County further agrees to complete the required "Certification Regarding Lobbying",incorporated herein by reference,and attached hereto,as "Attachment B". A completed and signed original Certification shall be provided to the State by the County. 6. Confidentiality of Records. A. In the event that the County obtains access to any records,files,or information of the State in connection with,or during the performance of,this Intergovernmental Contract,the County 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. Page 14 of 24 4 9609^1 Department or Agency No.: KAA Contract Routing No.: 97-1020 Weld County Labor Exchange and Employment Services Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. B. If this Intergovernmental Contract is subject to the Colorado Employment Security Act,Articles 70 to 82 of Title 8. C.R.S.,(CESA),then the County shall be considered an agent of the State only for the purposes of the confidentiality requirements of CESA,and agrees to be bound by all confidentiality requirements of CESA. C. The County 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 County, or third party agents of the County,shall constitute good cause for the State to cancel this Intergovernmental Contract,without liability to the State. E. Any State waiver of an alleged breach of confidentiality by the County, or third party agents of the County,does not constitute a waiver of any subsequent breach by the County,or third party agents of the County. 7. Ownership of Materials and Information. Unless otherwise agreed to in a written amendment executed and approved pursuant to State Fiscal Rules,the parties agree that all material,information,data,computer software,documentation,studies,and evaluations produced in the performance of this Intergovernmental Contract are the sole property of the State. 8. Submission of Ouarterlv Reports. The County shall submit quarterly,written progress reports specifying progress made for each activity identified in the "Duties and Obligations of the County" section of this Intergovernmental Contract. The preparation of these quarterly progress reports in a timely manner shall be the responsibility of the County. Failure of the County to comply may result in the delay in the payment of funds under this Intergovernmental Contract or,in termination of the Intergovernmental Contract without liability to the State. Page 15 of 24 960901 Department or Agency No.: KAA Contract Routing No.: 97-1020 Weld County Labor Exchange and Employment Services Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. 9. Records. A. The County shall maintain a complete file of all records, documents. communications, and other materials which pertain to this Intergovernmental 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 Intergovernmental 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 County. B. All such records,documents,communications,and other materials shall be the property of the State and shall be maintained by the County, 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 Intergovernmental 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. 10. Assignment. The rights, duties,and obligations of the County cannot be assigned, delegated,or otherwise transferred,except with the express written consent of the State. This Intergovernmental Contract shall inure to the benefit of,and be binding upon,the parties hereto and their respective successors and assigns. I I. Performance Monitoring. A. The County 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 County pursuant to the terms of this Intergovernmental 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 County. Page 16 of 24 960921 Department or Agency No.: KAA Contract Routing No.: 97-1020 Weld County Labor Exchange and Employment Services Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. B. The County authorizes the State to perform audits or inspections of its records at any reasonable time during the term of this Intergovernmental Contract and for a period of three(3) years following the termination of this Intergovernmental Contract. 12. Insurance Coverage(minimum. mandatory requirements for all Intergovernmental fontracts). A. If the County 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 County shall at all times during the term of this Intergovernmental 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 County shall show proof of such insurance; and, B. As required by State law,the County shall also provide for,and keep in force during the term of this Intergovernmental Contract,standard Workers' Compensation insurance, including occupational disease,and Employer Liability insurance,which covers all employees at work site,in those amounts prescribed by applicable State law. 13. Notice of Pending Litigation. Unless otherwise provided for in this Intergovernmental Contract,the County shall notify the State,within five(5)working days after being served with a summons, complaint,or other pleading in a case which involves services provided under this Intergovernmental Contract and which has been filed in any Federal or State court or administrative agency.The County shall immediately deliver copies of any such documents to the State. 14. Severability. To the extent that this Intergovernmental Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of this Intergovernmental Contract,the terms of this Intergovernmental Contract are severable. If any term or provision of this Intergovernmental 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 Intergovernmental Contract. Page 17 of 24 960921 Department or Agency No.: KAA Contract Routing No.: 97-1020 Weld County Labor Exchange and Employment Services Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. 15. Termination for Convenience. The State may terminate this Intergovernmental Contract for its convenience by giving the County notice of intent to terminate at least thirty (30) calendar days before the effective date of such termination. Any such notice shall be mailed to the County by certified mail,return receipt requested. If notice is so given,this Intergovernmental Contract shall terminate upon the expiration of the thirty day(30) period,and the liability of the parties hereunder for further performance of the terms of this Intergovernmental Contract shall thereupon cease. However,the parties shall not be released from the duty to perform their respective obligations up to the date of termination of this Intergovernmental Contract. Upon termination of this Intergovernmental Contract,the State shall reimburse the County for allocable costs incurred by the County up to the effective date of termination of this Intergovernmental Contract. 16. Waiver. The waiver of a breach of a term or provision of this Intergovernmental Contract shall not be construed as a waiver of a breach of any other term or provision of this Intergovernmental Contract or,as a waiver of a breach of the same term or provision upon subsequent breach. 17. Notice Procedure. All notices required and permitted pursuant to this Intergovernmental 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. COUNTY: Linda Perez, Director Employment Services of Weld County 1151 North 17th Avenue P.O. Box 1805 Greeley, CO 80632 (970)353-3815 Page 18 of 24 960901 Department or Agency No.: KAA Contract Routing No.: 97-1020 Weld County Labor Exchange and Employment Services Intergovernmental Contract This is a legal document. Legal counsel should be consulted before signing. 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 18. Cautions. Construction, and Effect. The captions and headings used in this Intergovernmental Contract are for identification only,and shall be disregarded in any construction of the terms,provisions,and conditions of this Intergovernmental Contract. • 19. Entire Understanding. This Intergovernmental Contract is intended as the complete integration of all understandings between the parties.No prior or contemporaneous addition,deletion,or other amendment hereto shall have any force or effect whatsoever,unless embodied herein in writing. No subsequent novation,renewal, addition, deletion,or other amendment hereto shall have any force or effect unless embodied in a written Intergovernmental Contract executed and approved pursuant to the State Fiscal Rules. F. 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. These special provisions are reproduced from Appendix A of Rule 4-I of the Fiscal Rules of the State of Colorado.effective September 1, 1995. These special provisions are mandatory provisions of all State Intergovernmental Contracts. Page 19 of 24 960921 Department or.4gencr No.: KAA Contract Routing No.: 97-1020 Weld Countv Labor Exchange and Employment Services Intergovernmental 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, provendor • 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, its employees and agents. against any and all claims,damages, liability and court awards including costs.expenses, and attorney fees incurred as a result of any act or omission by the contractor,or its employees, agents, subcontractors,or assignees pursuant to the terms of this contract. Page 20 of 24 9609' 1 Department or Agency No.: ILIA Contract Routing No.: 97-1020 Weld County Labor Exchange and Employment Services Intergovernmental 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 24-34-302), 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,rectuitment 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 21 of 24 960901 Department or Agency No.: KAA Contract Routing No.: 97-1020 Weld County Labor Exchange and Employment Services Intergovernmental 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. (t) 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 22 of 24 9609'21 Department or Agency No:: KAA Contract Routing No.: 97-1020 Weld County Labor Exchange and Emoiovment Services Intergovernmental 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 rentainder 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 23 of 24 9609?1 - .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 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) (I) 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. Barbara J. Kirkmeyer, Chair, Weld County Board of Commissioners - n ®y And Tide Of Authorized Representative fF li (,l • is. � t s; Jr 05/20/96 •.is.aC Date �'.J �� .! ATTACHMENT A 960924 • 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 tided"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 Programg, 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. • 960921 • CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS. GRANTS. LOANS. AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief. that: (I) No Federal appropriated funds have been paid or will be paid-by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan,the entering into of any cooperative agreement,and the extension.continuation,renewal, amendment,or modificationof any Federal contract,grant,loan,or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or empoloyee of any agency,a Maember of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying, " in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all "subawards at all tiers (including subcontracts,subgrants and contracts under grants,loans, and cooperative agreements)and that all *subrecipients shall certify and disclose accordingly. • • This certification is a material representation of fact upon which relicance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this - transaction imposed by section 1352, title 31,U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Barbara J. Kirkmeyer, Chair Id County Board of Commissioners �d EL lid Contractor Organization Program/Title F• is Gl •.- �/S J 05]20L96 O� " o p� (� Certifying Official � Signature Date • *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 B 960901 416-:Cf(411171Ill;' mEmoRAnDum Barbara J. Kirkmeyer, Chair CTo Board of County Commissioners Daterlay 15, 1996 eckman> Walter J. SP Executive Director, Human Services COLORADO From Subject: Job Service Contract for 1996 Enclosed for Board review and approval is the Job Service Contract with the Colorado Department of Labor and Employment. The term is for Fiscal Year 1996, which begins July 1, 1996 through June 30, 1997. The Contract amount is$196,907.00. If you have any questions regarding the Contract, please telephone me at 353-3800, extension 3317. ' :1 _+{ C-1 1....7 C, 960901 Hello