HomeMy WebLinkAbout960761.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL CONTRACT 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 between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of Employment Services of Weld County, and the Colorado Department
of Labor and Employment, commencing May 1, 1996, and ending August 15, 1996, 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 between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of
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 1st day of May, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
Ar �����r� WELD COUNTY, COLOR�DO
O'iS /Barbara J. Kirkmeyer, air
a ���0 C my Clerk to the Board
® 7. Baxter, P o-Te
Deputy Cler 'o the Board
Dale K. Hall
APP AS TO FO (.:(:;-,,,./C x.eCe , z,4-t<
Constance L. Harbert
/ j '
my A orney �� �� �%i
W. H. Webster
960761
?4 , /15, ..5O97--- HR0067
Department or Agency No. KAA Intergovernmental Contract Routing No. 964032
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
This INTERGOVERNMENTAL CONTRACT
is made this 30>;h day of April, 1996,by and between:
THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
for the benefit of the,
WELD COUNTY DIVISION OF HUMAN SERVICES
915 10th Street
P.O.Box 758
Greeley,CO 80631
(County)
and
THE STATE OF COLORADO,
acting by-and through the,
DEPARTMENT OF LABOR AND EMPLOYMENT
1515 Arapahoe Street
Tower 2,Suite 700
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 for payment in Fund Number 100, Organizational Unit Code
Number 4111,Appropriation Code Number 366,Program Code Number 1100,Function Code Number
7500, and Grant Budget Line Code Number 3215,under Intergovernmental Intergovernmental Contract
Encumbrance Number C9601032;
WHEREAS,the County has been designated as a sole source entity for the delivery of employment services
in Weld County, Colorado pursuant to the parties'previous Intergovernmental Intergovernmental Contracts
(Colorado Department of Labor and Employment Contract Routing numbers 91-76 and 95-175);
WHEREAS,the Governor's Summer Job Hunt is a special summer program designed to assist young people
between the ages of 16-and 21, in obtaining summer employment.
Page 1of15
960761
Department.or Agency No. KAA Intergovernmental Contract Routing No. 96-1032
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
WHEREAS, all required approvals,clearances, and coordination have been accomplished from and with all
appropriate agencies;
•
NOW,THEREFORE,the parties hereto agree that:
A. EFFECTIVE DATE and TERM. The effective date of this Intergovernmental Contract is April
30 1996. The initial term of this Intergovernmental Contract shall commence on May 1. 1996 and
end on Aueust 15. 1996.
B. DUTIES AND OBLIGATIONS OF THE COUNTY. The County shall:
1. Establish within Weld County, Colorado a Summer Job Hunt Office which shall provide the
following services:
a. Reception services and acceptance of applications.
b. Assistance in completing applications.
c. Common assessment-and appraisal of each applicant including the determination of
the appropriateness of subsidized vs.non-subsidized job referral for each applicant,
as well as a determination of services needed by the client and arrangements for
such services as available.
d. Select and refer,where appropriate, qualified youth applicants for available job
vacancies,both subsidized and non-subsidized,in Weld County.
e. Follow up with each job referral and verify actual placement or the lack of
placement for each referral.
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960761
Department or Agency No. KAA Intergovernmental Contract Routing No. 96-1032
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
f. Work with other local cooperating agencies in planning and implementing an
employer relations and employer contact program to develop jobs for participants in
the Summer Job Hunt Program.
g. Accept Job Orders provided by the Colorado Alliance of Business according-to the
pre-arranged procedures. The Employer Relations Unit of the County shall be
responsible for all employer relations. The ES-514A Job Order Form shall be used
for job orders.
h. Follow the procedures as outlined in The Governor's Summer Job Hunt Program of
1996 memorandum dated March 29, 1996,attached hereto,made a part hereof, and
marked as Exhibit A.
I. Utilize the concept of"Youth Helping Youth" to operate a"labor exchange"
program. The County shall assign staff members to operate the Summer Job Hunt
and Summer Youth Employment and Training programs.
J. Abide by the State's Code of Ethics, Gratuity and Credit for Placement Policy
Statement,and Confidentiality of Records Policy,attached hereto,made a part
hereof,and marked Exhibit B.
k. Refer youth to Job Search Skills training.
1. Provide counseling services or referral to existing counseling services within Weld
County as needed by Summer Job Hunt Program applicants.
m. Explore and make available opportunities for work experience to qualified Summer
Job Hunt program applicants.
2. In performing those duties identified in paragraph B.1. above,the County shall satisfy the
following performance standards.
a. 375 youth shall be placed in non-subsidized jobs.
b. 150 youth shall be provided Job Search Skills.
c. 075 youth shall be placed in the "Obtained Employments" category.
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960761
Department or Agency No. KAA Intergovernmental Contract Routing No. 96-1032
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
3. The County shall invoice the State for actual costs incurred by the County in performing this
Intergovernmental Intergovernmental Contract. The invoice shall detail each cost by source
(e.g.,supplies,rent,personnel,etc.) and amount. Invoices shall be sent to:
Colorado Department of Labor and Employment •
Finance Office
1515 Arapahoe,Street,Tower 2,Suite 700,
Denver, CO 80202-2117
Attn: Accounts Payable
C. DUTIES AND OBLIGATIONS OF THE STATE. The State shall,upon receipt of a proper
invoice and after verifying the services performed,reimburse the County for the costs incurred by the
County in performing this Intergovernmental Contract. Under no circumstance,however,shall the
State's obligation under this Intergovernmental Contract exceed Ten Thousand Dollars
($10,000.00).
D. 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. 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.
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960761
Department or Agency No. KAA Intergovernmental Contract Routing No. 96-1032
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
3. RELATIONSHIP OF PARTIES. THE COUNTY SHALL PERFORM ITS DUTIES
HEREUNDER AS AN INDEPENDENT Intergovernmental CONTRACTOR 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(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 COUNTY.ITS EMPLOYEES
AND AGENTS.
4. 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.
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.
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Department or Agency No.KAA Intergovernmental Contract Routing No. 96-1032
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
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.
5. 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.
6. Submission of Ouarterly Reports. The County shall submit quarterly,written progress
reports specifying progress made for each activity identified in the"Scope of Work" section
of this Intergovernmental Contract. These quarterly progress reports shall be in accordance
with the procedures developed and prescribed by the State. The preparation of these
quarterly progress reports in a timely manner shall be the res possibility 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.
7. 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.
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Department or Agency No. KAA Intergovernmental Contract Routing No. 96-1032
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
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. MI 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 fmal 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).
9. 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 terns 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.
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.
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Department or Agency No. KAA Intergovernmental Contract Routing No. 96-1032
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
10. Insurance(minimum,mandatory requirements for all Intergovernmental Contracts). The
County shall procure,at its own expense, and maintain for the duration of the term of this
Intergovernmental Contract,the following insurance coverage:
a. As required by State law, 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;
b. Comprehensive General Liability or Commercial General Liability insurance,to
include personal liability and property damage coverage,in the following minimum
amounts:
•
1. Combined single limit of$600,000 written on an occurrence basis;
2. A general aggregate limit of not less than$1 million;
3. The County must purchase additional insurance if claims reduce the
available general aggregate amount below$600,000 during the term of the
Intergovernmental Contract;
4. The State of Colorado is to be named as additional insured on each
comprehensive general liability policy;
5. A Certificate of Insurance shall be provided to the State by the County
within ten(10)working days after receipt of award; and,
6. All such insurance policies shall contain a provision which prevents
cancellation of a policy without sixty(60)days'prior written notice,by
certified mail,return receipt requested,of such cancellation to the State
c. Automobile Liability insurance in the following minimum amounts:
1. $600,000 combined single limit auto insurance,
d. Additional coverage may be required in specific solicitations.
For any insurances that are required by the Request For Proposals,the insurance
shall include provisions preventing cancellation without sixty(60)days'prior
written notice,delivered by certified mail to the State.
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Department or Agency No. KAA Intergovernmental Contract Routing No. 96-1032
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
12. 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.
13. Termination for Convenience. Either party 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.
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
Intergovernmental Contract.
15 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.
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Department or Agency No. KAA Intergovernmental Contract Routing No. 96-1032
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
16. 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:
Barbara Kirkmeyer
Board of County Commissioners of Weld County
915 10th Street
P.O. Box 758
Greeley, CO 80631
(970)356-4000
STATE:
Melvin Madden,Associate Director,Finance
Colorado Department of Labor and Employment
1515 Arapahoe,Suite 400
Denver,CO 80202-2117
(303)620-4401
17. Captions 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.
18. 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.
Page 10 of 15
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Department or Agency No. KAA Intergovernmental Contract Routing No. 96-1032
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
E. SPECIAL PROVISIONS.'
CONTROLLER'S APPROVAL.
t 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.
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.
These special provisions are reproduced from Appendix A of Rule 4-1 of the Fiscal Rules of
the State of Colorado,effective September 1, 1995. These special provisions are mandatory provisions of all
payable State Contracts.
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Department or Agency No- KAA Intergovernmental Contract Routing No. 96-1032
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
I NDEMNIFICATION.
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 teens of this
contract.
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.
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
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Department or Agency No. KAA Intergovernmental Contract Routing No. 96-1032
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
(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.
(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.
(f) 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.
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Department or Agency No. KAA Intergovernmental Contract Routing No. 96-1032
Weld County Summer Youth Program Intergovernmental Contract
This is a legal document. Legal counsel should be consulted before signing.
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 fmanced in whole or in part by State
funds.
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.
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IN WITNESS WHEREOF,the parties hereto have executed this Intergovernmental Contract on the day
first above written.
COUNTY: STATE:
BOARD OF COUNTY COMMISSIONERS STATE OF COLORADO
OF WELD COUNTY,acting by and through the, Roy Romer,Governor
Weld County Division of Human Services
By: LLI�< B .
/ Barbara Kirkmeyer QS O//96, Joh .Donlon
Chair Executive Director
FEIN: 84-6000 1 � Department of
11 lr1 I4,.� Labor and Employment
At est io Sle T,�
n ti
•
By:
eputy Clerk
APPROVALS:
DEPARTMENT OF LAW DEPARTMENT OF PERSONNEL
COLORADO ATTORNEY GENERAL GENERAL SUPPORT SERVICES
Gale A. Norton,Attorney General DIVISION OF ACCOUNTS &CONTROL
Clifford W.Hall,State Controller
G A.
By: ttocrl
eras By: 1.47
Melvin Madden
Qi Richard P ningtOn State Controller Designee
Assistant A orney Genera
State Services Section
960761
_D C-,
ROY
Go
O ROMER
�oF �o<o DEPARTMENT OF LABOR AND EMPLOYMENT
c 46W OFFICE OF THE EXECUTIVE DIRECTOR
l O FINANCE OFFICE ' ,1 . -_ j
JOHN 1.DONLON * *1 1515 ARAPAHOE ST.,T-2,SUITE 700
Executive Director „, * DENVER,CO 80202-2117
T
/876
Ph. 303-620-4441 Fax 303-620-4485 �' `�"
June 4, 1996
Barbara Kirkmeyer, Chair
Board of County Commissioners of Weld County
915 10th Street
P.O. Box 758
Greeley, CO 80631
Re: Transmittal of Fully Executed, Original, Intergovernmental Contract
Dear Ms. Kirkmeyer:
I enclose herewith one (1) fully executed, original of an Interagency Data Access Contract between the
Colorado Department of Labor and the Board of County Commissioners of Weld County.
If you have any questions, please call me at 620-4441
Sincerely,
Kent Patrick Long.
Contract Administrat
encl. xc: CDLE ontract file 96-1032
cc: Tom Ivory, CDLE, FO
960761
JOHN J. DONLON Ay-Coto.,
DEPARTMENT OF LABOR AND EMPLOYMENT
Executive Director r "�
c
JUDITH RICHENOIFER OFFICE OF EMPLOYMENT PROGRAMS
Employment Programs `rg76 'V TOWER 2.SUITE 400
Director 1515 ARAPAHOE STREET
DENVER. CO 80202-2117
MEMORANDUM
To: All Governor's Summer Job Hunt Offices
JSC Managers
Lead Workers
Youth Specialists
Field Directors
From: Judi Richendifer
Director, Employment Programs
Subject: The Governor's Summer Job Hunt Program of 1996
Date: March 29,1996
I would like to wish you another successful summer and always keep in mind that you do make a
difference in these young people's lives. You continue to perform admirably, summer after summer--
over 158,000 youth have been placed since 1981!
The contents accompanying this memorandum should answer all questions. If it does not, please
contact Larry L. Dreller, Summer Youth Coordinator at (303) 620-4209.
Summer
Job
Hunt
S,nce 1981
Employing Summer Youth
is always a start in the
Right Direction •
•
960761
Summer
Job
Hunt
SUMMER JOB HUNT 1996 Since 1981
Employing Summer Youth
is always a start in the
A. Obtained Employment Goals will again be added. Right Direction
B. It will be difficult to obtain JTPA youth workers, due to new and more restrictive national
regulations and/or decrease in funding.
C. There again will be few or no Senior Aides in the Metro Denver Area because of a decrease in
funding for the older worker-- Senior Aides have to be tied into working directly with
seniors, senior employment and special projects.
D. Serving 14 and 15 year olds is an optional feature with Summer Job Hunt offices although
Elitches (in Denver area, now hires 15 year olds) -- these youth are difficult to job place due
to the restrictions on the employment of minors, according to the child labor laws. Job
Search Workshops would be appropriate, time permitting, in order to provide a service to
those individuals. This service would enhance the youth's ability to market themselves in the
future. Encourage development of volunteer positions that provide valuable work
experience.
E. Spot jobs and odd jobs such as, weed puffing, baby sitting, door-to-door advertising bill
disbursement, labor, etc.,job orders are not encouraged. Youth frequently are put into
questionable hard labor, low pay, and non-payment by "employer" situations. The program
must be above complaints, dangerous environments for youth, and law suits.
F. An August 1995 random sample follow-up of 75 employers was conducted by the Department
Youth Coordinator and Community Worker assistant (see"Employer Comments and
Concerns."). However, it must be noted that even in the most negative instances of follow-ups
that the employers thought "we" were doing an excellent job and that young people would
learn their way through the maturation process.
G. Emphasis will be placed on quality job orders and quality referrals which will encourage
placement of youth in meaningful employment -- our ultimate goal!
H. Before the end of May, JSC's should, whenever possible, participate in local middle schools
and high schools in enrollments, registrations, and "job search preparation" activities
When and if Community Workers are "caught-up" it is hoped, if geographically feasible, that
they will be available to assist with overloaded offices. This will be imperative if JTPA youth
programs are downsized or discontinued.
960761
W. It is very possible that you will be contacted by local representatives of the statewide
Colorado Hotel and Lodging Association, the Colorado Restaurant Association, as well as the
ACF Culinarians of the Colorado Association. They may be listing hundreds of widely diverse
jobs for summer youth—please give them special attention as they could turn into one of the
best single-block of employers for the Summer Job Hunt.
X. Time charge codes for the Community Workers are: 321-574. The pay is $7.74 per hour
(Grade 58 , Step 1); FLSA rules must be adhered to at all times. You have the option of
splitting a position.
Y. All "Temporary Position Descriptions," a copy of the "Supplemental
Application"sheet,and the P.E.-Is will be sent to Jill Graham of Field Operations for
initial processing. Please insure that the interview questions and screening interview
are conducted in the selection process.
- No temporary workers before April 15, 1996; no temporary workers after August
9, 1996.
- Remember that "overhead" is figured into your JSC budget, hence travel and
supplies are included.
- One position equals 150 placements, plus 50 obtained employments and 50 Job
Search Workshop participants—if possible.
- JSC Youth Specialists will charge to 205/574 and will be responsible for training
summer temporary workers.
- Computer runs commence April 12, 1996 and conclude August 24, 1996.
Z. Please "work"your local networks of CBO's, churches, civic leaders, service clubs and
chambers to foster their buy in, especially job orders and their assistance.
AA. Please spread the word: All JSC's will continue to serve our young citizens year round!!
BB. Whenever possible, work closely with your JTPA counterpart; by sharing resources,
brainpower, energy, and time, you just might be able to assist our summer target group--
youth.
5736O
960761
COLORADO STATE DEPARTMENT OF PERSONNEL
COMMUNITY WORKER
NATURE OF i:ORR
This is para-professional community work, assisting professional and tech-
nical personnel in providing a -wide range of services to clients of various
human service programs,
Discintuishing Factors -
Positions in this class are distinguished from positions in professional
classes by performing duties which are primarily supportive in nature
as opposed to development or administration of programs which require the
application of professional, technical" or specialized skills or specialized
training and/or on-the-job training.
•
This range is recognized as the entry or trainee level and employees
receive training which is designed to develop skills and abilities necess-
ary for public contact and community field work and to provide sufficient
knowledge of state agency and community service programs to make appropriate
•
referrals and deal with routine problems. Work includes dealing with
routine personal, social, and vocational problems of clients and making
referrals and offering services to such persons as families in need of
health, nutrition, and home management, vocational rehabilitation clients,
mental health clients, civil rights complainants, manpower program clients,
parolees, and clients of other state institutions. Initially, close super-
vision is received from a professional or technical supervisor, but with
continued experience and proven ability, employees assume more responsible
and difficult duties, and work more independently on assigned tasks.
SOME EXAMPLES OF WORK
Assists professional and technical staff by providing information to
inquiring persons, clients, or other agencies, making appointments and
referrals, and preparing written records on inquiries,.
Assists in securing specifically designated information used for deter-
mining eligibility for rehabilitation, determining causes for discrimination,
assessing nutritional needs, and determining eligibility for financial
assistance, for training, employability, drug treatment programs, and
other services.
Contacts youth and adults in the assigned cormunity; establishes rapport
and assists in identifying reasons individuals have failed to participate
in service agency programs and resolves the more routine problems through
support and guidance.
Assists community residents in their use of other community resources
in such areas as human resources development, employment, public assistance,
health, social welfare, vocational rehabilitation, or housing.
960761
MANDATORY INTERVIEW
(SUGGESTED)
QUESTIONS FOR TEMPORARY SUMMER JOB HUNT WORKERS
COMMUNITY WORKER "1"
1 . Q. Describe what youth related experience and activities you
are/or have participated in. (20 Points in Weight)
2. Q. What problems do you perceive face the youth of today.
Elaborate on each point. (20 Points in Weight)
3. Q. (Situational response): You are talking to a business
person, trying to solicit a job opening; he/she says, "I
can get adults who will work for the same wages, and I
don't have to train them and worry if they show up." How
do you respond? (10 Points in Weight)
4. Q. (Situational response): You have a young man who comes
across really sincere during a referral screening, and who
wants sales work; he has long, poorly groomed hair and a
large diamond ear stud. How do you let him know what he
will face from an employer and, how would you try to
convince him to "change" at least for working hours?
Elaborate. (10 Points in Weight)
5. Q. How would you talk to an employer on a job development --
telephone or personal visit, in order to solicit jobs for
youth? Elaborate. (10 Points in Weight)
6. Q. What do you think the primary focus of the Summer Job Hunt
Program is and why do you think it should take a proactive
role in getting higher wages and better jobs for young
people? Elaborate. (10 Points in Weight)
7. Q. (Situational response): If you disagree with your
supervisor on how to accomplish a program goal/objective,
how would you handle this? (20 Points in Weight)
960761
� A
•
10% Duty Performs related duties as assigned or required by the Supervisor
or Director.
Duty
Reason for Request Check etc-
One time project. XXX Special gnat. Work load.
Fill m for permanent employee vide is on leave. Permanent poeidon's number
Other. Please specify
Management Approval
As I am legally accomtnble for the asaptmarc,I undamad that I am unpoaaNc for the aeemaey of this questionnaire. I certify that.to
the bat of my knowledge.this document is an.^^••mote and complete representation of the position
Eat
Immediate Supervisor Name(Prat) - Work Phone
armed a•e Supervisor Signature Date
( ) En.
Nat Huber Supervisor Name(Print) Work Phone
Next Higher Supervisor Signature Date
Dmft5 • =-vaRy -ItCOCAR,
A e/Rcviewing Official Name(print) Title(print)
a 3 -�s-ss-
Signature Dare
SEND THE ORIGINAL TO YOUR AGENCY PERSONNEL OFFICE. KEEP A COPY.
Thank you for your time and effort in completing this document.
2
960761
STATE OF COLORADO of-co
SUPPLEMENTAL APPLICATION
INTERVIEW INFORMATION SHEET :'`.4 ;
(Please complete this form prior to interview) '/an
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In the following sections. please list your work history,including part-time,terrporary, and volunteer jobs.List jobs in
reverse order,starting with your present or frost recent job.You may attach additional pages it necessary.
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960761
JOB SEARCH ACTIVITY (WORKSHOPS, CLUB)
JOB SEARCH ACTIVITY --
ES Job Search Workshop. "A short (1-3 days) seminar designed to provide
participants with knowledge that will enable them to find jobs. Subjects
are not limited to, but should include, labor market information,
applicant/resume writing, interviewing techniques, and finding job
openings. The workshop must have at least four hours of active classroom
time."
ES Job Finding Club. "Encompasses all elements of the ES Job Search
Workshop plus a period (1-2 weeks) of structured, supervised application
where participants attempt to obtain jobs."
OBTAINED EMPLOYMENT — This activity occurs when an applicant obtains
employment (full or part—time), resulting from an activity wholly or partially
funded by the Employment Service:
(1) Within 90 calendar days of participation in an ES Job Search
Workshop or Job Finding Club, Qt
(2) Within 90 calendar days of receiving employment counseling/testing
or development of an employability plan, or
(3) Before expiration of a tax—credit voucher, DI
(4) Within 90 calendar days of receiving bonding assistance; Dr
(5) Within 90 calendar days of termination from a training program in
which an ES applicant was placed by the ES agency (The ES applicant
subsequently either may have found their own job or been placed in
an unsubsidized job by the training program); and
(6) Verification has been received from a reliable source, preferably
the employer, that the applicant has obtained employment; and
(7) Such employment does not meet the definition of a placement.
SUGGESTIONS: Employability Development Plan (EDP) can be considered as part
of Job Search activity. Use VCR Film "Working" first, then use "Job Hunting
Tip Kit for Youth". Small groups are always best, then individual EDPs.
Don't put youth through Job Search Workshops unless they really need them.
960761
SYSM INBASKET MESSAGE REVIEW
ENTER COMMAND =__> SCREEN 3 .
USER ID: QESU004 ALTERNATE ID: 09:27am - Fri, Mar 08, 19S
TO: QESU004 - DRELLER, LARRY MESSAGE ID: 554401
FROM: $QESO04 - STENZEL, KATHIE DATE SENT: 03/08/96
SUBJECT: SUMMER JOB HUNT UPDATE PRIORITY: 000 TIME SENT: 09 :08am
GREETINGS ALL--
A QUICK UPDATE ON THE 1996 SUMMER JOB HUNT. FIRST OF ALL, SORRY FOR
BEING SO SLOW WITH THE SUMMER JOB HUNT "MEMO TO THE FIELD", DUE TO
SOME "WRINKLES" IT HAS BEEN DELAYED. . .IT'S COMING SOON. THIS YEARS
SUMMER JOB HUNT WILL BE RUNNING FROM APRIL 15TH THRU AUGUST 9TH
(SUBJECT TO FUNDING) . YOU CAN BEGIN LOOKING NOW FOR YOUR COMMUNITY
WORKERS (C3CITX, GRADE 58-1, $7.74/HOUR) ; REMEMBER THEY CANNOT WORK
MORE THAN 40 HOURS A WEEK. AFTER YOU HAVE IDENTIFIED YOUR SUMMER
WORKER, A PLE-1, SUPPLEMENTAL APPLICATION FORM, INTERVIEW QUESTIONS, &
ENTER ON DUTY FORMS (PLUS A COPY OF THE SOCIAL SECURITY CARD) NEEDS TO
BE SENT TO JILL GRAHAM. GEORGIA ADAME OF HUMAN RESOURCES WILL BE
SENDING OUT THE TEMPORARY EMPLOYEE PACKETS. SHE ALSO HAS THE GENERIC
PDQ, SO ONE DOES NOT NEED TO BE SENT IN. THE COMMUNITY WORKER
COMMANDS: Right Ans TRa Read DEFer FILe BFi1e View EDit PUT QUE Print DEL DCa
960761
SYSM INBASKET MESSAGE REVIEW
ENTER COMMAND ===> SCREEN 3 . 7
USER ID: QESU004 ALTERNATE ID: 09: 26am - Fri, Mar 08, 199E
TO: QESU004 - DRELLER, LARRY MESSAGE ID: 554401
FROM: $QES004 - STENZEL, KATHIE DATE SENT: 03/08/96
SUBJECT: SUMMER JOB HUNT UPDATE PRIORITY: 000 TIME SENT: 09:08am
LEADVILLE/EDWARDS/HOT SULPHUR SPGS-2, FT. COLLINS/LOVELAND-3 , FT.
MORGAN/STERLING/LIMON/BURLINGTON-2, GLENWOOD SPGS-1, GRAND JUNCTION-2 ,
GUNNISON-1, LAKEWOOD YOUTH-3, LAMAR-1, LONGMONT/BOULDER-2, MONTE VISTA-
1, MONTROSE-1, PUEBLO-2, ROCKY FORD-1, SALIDA-1, STATE OFFICE (PUBLIC
EDUCATION & BUSINESS COALITION) -2 , STEAMBOAT SPGS-1, THORNTON/
BROOMFIELD-2, TRINIDAD-1, TOTAL=42 . WE ARE LOOKING FORWARD TO ANOTHER
GREAT SUMMER, IF YOU HAVE ANY QUESTIONS PLEASE GIVE LARRY DRELLER OR
MYSELF A CALL.
Sent to: ESCLIENT <list> (to)
* * * END OF MESSAGE
COMMANDS: 'Right Ans TRa Read DEFer FILe BFile View EDit PUT QUE Print DEL DCa1
960761
•
CODE OF ETHICS FOR COLORADO STATE GOVERNMENT SERVICE
The purpose of this code is to establish a clear standard of ethics for officers and employees in the
Executive Branch of government in order to assure public confidence in the integrity of the government of the
State of Colorado.
EACH PERSON [N THE EXECUTIVE BRANCH OF GOVERNMENT SHALL:
1) Maintain independence and impartiality and refuse to accept any compensation or gift which
might result in the preferential treatment of persons,businesses,or organizations.
2) Avoid any private business relationship or ownership that might conflict with public duties.
3) Be conscious of his influence in state government and avoid any personal interest in business
transactions in that area.
4) Be careful not to use state time,property,equipment or supplies for private interests.
5) Never disclose,use or allow others to use confidential information acquired by virtue of state
employment for private interest.
6) Seek to find and employ the most efficient and economical ways of performing his duties for the
State of Colorado.
7) Carry out his duty as a public servant by exposing corruption in government where discovered.
8) Be conscious that his personal conduct reflects on the integrity of state government and take
care not to betray that confidence by any conduct which might have an adverse effect on it.
ISSUED AS AN EXECUTIVE ORDER ON THE
TWENTY-EIGHTH DAY OF MARCH,A.D., 1980.
ROY ROMER,
GOVERNOR
Attachment B
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960761
GRATUITIES AND CREDIT FOR PLACEMENT POLICY STATEMENT
The purpose of this statement is to reiterate the written policy of the Division of Employment and Training with
respect to accurate reporting of placement and the prohibition against accepting any gratuity or favor for making
a placement.
An accurate tabulation must be made of placement. Any misrepresentation as to the number of placements -
either a failure to properly take credit or to take credit for a placement not made-is not acceptable.
People will make honest mistakes, but a mistake cannot be condoned with regard to the proper recording of
placements. It has always been the policy of the Division of Employment and Training to immediately terminate
any employee who takes credit for placements not actually made. There are no exceptions to this policy.
Under no condition is any employee,volunteer in employment or agent of the Colorado Division of Employment
and Training to accept a payment, a gratuity,or favor for making a placement. any violation of this policy will
also result in the termination of services of the employee violating the policy.
If anyone,at any time,suggests that you in any manner make other than an accurate record of placements,this
fact should be immediately reported by you to the Personnel Unit.
Division Director
Colorado Division of Employment and Training
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960761
CODE OF ETHICS AND REPORTING
REGARDING THE ACCESS AND USE OF
STATE INFORMATION AND JOB PLACEMENT
IN PERFORMING ITS CONTRACTUAL OBLIGATIONS WITH THE STATE,THE CONTRACTOR, ITS
EMPLOYEES AND AGENTS, SHALL:
I. Serve the public with respect, concern,courtesy,and responsiveness.
2. Demonstrate the highest standards of personal integrity,truthfulness and honesty and shall through personal
conduct inspire public confidence and trust in the State.
3. Maintain independence and impartiality and refuse to accept any compensation or gift which might result in
preferential treatment of persons,businesses,or organizations.
4. Avoid any business relationship that might conflict with contractual duties to the State.
5. Not use State property,equipment,or information for any private interest.
6. Never disclose, use, or allow others to use confidential information, acquired by virtue of its contractual
relationship with the State,for private interests.
7. Not betray its contractual relationship with the State by conducting itself in any manner which might adversely
effect the integrity of the State.
8. Maintain an accurate tabulation of any placements made. Any misrepresentation as to the number of
placements is grounds for the State to immediately terminate the Contract.
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960761
The Colorado Employment Security Act(CESA), Section 8-72-107(1), limits the release of information. This
Act supersedes the Federal Freedom of Information Act and open records legislation. Therefore,the CESA
is the governing-factor in the release of unemployment insurance (UI)records. This statute authorizes the release
of information under the following circumstances:
I. To interested parties in preparation for and prior to any hearing on a claim governed by articles 70 to 82 of
the CESA; •
2. To public employees in the performance of their public duties; and
3. To any applicant for work to examine and copy,or obtain a copy,from the Division any letters of reference
or similar documents pertaining to the applicant which are in the possession of the Division.
4. Limited information may also be released upon the written authorization of a claimant, employer, or
representative.
It is the policy of the Colorado Department of Labor and Employment to permit access to information and records
obtained in the course of its administration of articles 70 to 82 of the law in conformity with the provision set
forth below.
INFORMATION MAY BE RELEASED TO THE FOLLOWING PERSONS WITHOUT
RESTRICTION AS TO THE SCOPE OF THE INFORMATION:
A. RELEASE TO A PUBLIC EMPLOYEE PERFORMING PUBLIC DUTIES.
Information may be released to a public employee in the performance of public duties,including,but not limited
to,the following persons and organizations:
1_ The US Department of Labor,its regional offices,and states, as defined in Section 8-70-103 (24)of
the CESA. (Telephone release authorized.)
2. The Governor of the State of Colorado, or the Governor's ombudsman, or other representative.
(Telephone release authorized.)
3. Units within the Department of Labor and Employment. (Telephone release authorized.)
4. Elected officials at any level of government when seeking information regarding a constituent.
(Telephone release authorized).
5. Colorado state agencies or other government agencies upon written request or pursuant to agreements
between them and the Department.
4
960761
6. Federal, State, and local law enforcement agencies. Existing reciprocal arrangements established by
the Ul Investigations Branch shall continue and, at the discretion of the branch chief, similar
arrangements may be made with other law enforcement agencies. UI branch chiefs or job service
managers, at their discretion,may release information without a written request to law enforcement
agencies to maintain or establish expedient exchanges of information and harmonious working
relationships. (Written request may be required).
B. RELEASE TO CLAIMANTS,EMPLOYERS,OR THEIR REPRESENTATIVES.
Claimant/Employer Representatives. A claimant representative may be an attorney,union officer,
spouse, parent, or other person who satisfactorily explains and presents written confirmation of the
reason for acting on behalf of the claimant. The representative must first present a release
authorization from the claimant (unless the representative is an attorney and has provided his/her
registration number). Compare the claimant's signature on the authorization with the signature on the
UIB-1 and/or other file documents before a disclosure is made. Questions on signature comparisons
should be submitted to a supervisor for resolution. If doubt still exists on the validity of the signature,
the supervisor will contact a forensic document examiner at 620-4728 in the Department's Office of
Investigations and Criminal Enforcement.
An employer representative may be an attorney, an officer of an organization representing business
interests, or a representative of an organization which represents the employer in UI matters. An
individual from an organization representing business interests must first present a release
authorization from the employer. An attorney requesting claimant information only needs to provide
his/her registration number. However, for UI tax matters, an attorney would need a release
authorization from the employer or a letter stating the attorney is representing the business. An
employer representative must have an affidavit or Power of Attorney on file in the UI Tax Branch
which names the requestor(the organization) as the employer's representative.
2. Not In Preparation for a Hearing. In situations not involving the preparation for a hearing on a claim,
the claimant,employer, or his/her representative may receive any information which the claimant or
employer would normally have famished to the Division (either in writing or by telephone), or
information which the claimant or employer would have received from the Division in the normal
processing of initial claim forms, claimant fact-finding statements, correspondence to and from the
claimant, medical statements, pay orders, work search contacts, eligibility reviews, nonmonetary
determinations,referee decisions, and other similar documents.
Release of information of an employer's tax account is also limited. Documents which may be released
to an employer or his/her representative would include, but are not limited to, copies of initial
registration forms, notices of employer liability, tax rate information, benefit charge statements,
quarterly tax reports and wage lists,correspondence to and from the employer,independent contractor
rulings,referee decisions, and other similar documents.
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960761
3. In Preparation for a Hearing. In preparation for a hearing on a claim or a UI tax matter, information
may be released which would pertain to that hearing. Generally,this would include any information
which would be found in the appeals file or in the legal file, including information that both the
claimant and employer has provided. (Independent contractor rulings are located in the Tax Branch.)
If an appeal has been filed,the Appeals Branch will request that copies of the documents,which pertain
to the hearing,be mailed to the claimant and/or employer.
Due to the good cause provisions and that several types of hearing can be held, it is difficult to
determine when an appeal period would have ended. Therefore, access to the records should be granted
only if it is established that the claimant or the employer is preparing to take further action on the claim
or tax matter. In other words,it must be determined that,based on the Division's decision,the potential
exists for an appeal to be filed.
For example,the claimant was issued a full award but the employer has not yet filed an appeal. After
the Form B-510"Information Request/Certification of Compliance with CRS 8-72-107(1)"is signed,
the documents may be reviewed or photocopied since the potential exists that he employer will appeal.
However,if the claimant requests the entire file,there is not an appealable issued since a full award was
issued to the claimant. The claimant's request to access the documents submitted by the employer
should be denied.
If there is no appeal pending, a Form B-510 should be completed by the claimant, employer, or
representative. UI staff should also review the documents for any inflammatory or derogatory
statements, or any other negative information not relevant to the decision. If there is derogatory
information, it should not be released without a signed B-510, unless the claimant or employer is
otherwise entitled to it by policy.
The Division's purpose of securing a completed B-510 is to avoid a lawsuit for releasing confidential
UI information to an interested party when an appeal has not yet been filed.
4. Use of Inflammatory Statements. Adjudicators often have to contact claimants or employers by
phone in order to make decisions on job separations. If a party has responded in writing and has used
inflammatory statements or language,it is not necessary for the adjudicator to directly quote the written
response to the other party. The adjudicator may rephrase the response but,for rebuttal purposes,must
convey to the other party the actual elements of the separation. Adjudicators may respond to employers
or claimants who, prior to making their own response, request the other party's statement as to the
reason for separation.
C. RELEASE UPON RECEIPT OF SIGNED CONSENT/RELEASE.
The Division will accept any reasonable language which specifies the release of UI records. Consent forms
for the release of documents are often received from claimants,employers,or their representatives and usually
request release of the entire file. A claimant or employer can only authorize the release of documents to which
they would normally be entitled, as specified in Section II. Contact the party to whom the documents are to
be release,inform them of this limitation,and,if this is satisfactory to the requesting party,provide the allowed
documents. A notation(what was released,date, and by whom)should be made on the release and placed in
the claimant's benefit file or in the employer's tax file.
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960761
If the requestor insists on receiving the entire file, a subpoena must be served. However,a subpoena is not
necessary if all parties represented in the file sign a consent form to release the documents. Staff Services
should be sent a copy of the consent/release form with a notation that a subpoena will probably be received.
The subpoena should be served to:
Colorado Department of Labor and Employment
Custodian of Records
UI Staff Services Branch
251 E. 12TH Avenue
Denver,CO 80203
Attn: Mary Hernandez
D. RELEASE UPON RECEIPT OF SUBPOENA.
NOTE: Records of ongoing investigations are protected by statute and may not be released.
All subpoenas are to be routed to UI Staff Services for processing. The following guidelines are used in order
to process a subpoena:
1. Subpoena from a private attorney to appear at a deposition or furnish documents or a court issued
subpoena to furnish documents to an attorney. The law requires that a subpoena must be served at least
48 hours in advance before a response is required. If this does not occur,Staff Services will refuse to
respond due to illegal service of the subpoena. A subpoena is treated as a consent/release signed by
the party the attorney is representing. The attorney is contacted to determine exactly what is being
requested and if the requesting party has the authority to release the file information. In most cases,
Staff Services will forward the subpoena to the Attorney General's (AG's) Office, who will file a
Motion for Protective Order based on the Department's confidentiality provisions as stated in Section
8-72-107(I)of the CESA. If the court orders that the Department release the contents of the file,the
AG's Office will file an appeal with the Court of Appeals. Documents will be released if the court of
Appeals orders the Department to comply with the subpoena.
2. Subpoena to appear in court and furnish documents. Staff may only testify to the Division's procedure
or policy by not on the individual thought process. In most cases,the AG's Office will file a Motion
for Protective Order on the grounds that the documents are self-authenticating and a personal
appearance is unnecessary.
Division employees have received subpoenas requesting testimony as to the local labor market
conditions or to the employability of an individual, or other similar "professional expertise" issues.
These subpoenas are to be routed to Staff Services and will be processed as outlined above. Staff
Services will keep the individual informed as to whether a court appearance is necessary.
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E. REQUEST FOR RECORDS OF DECEASED PARTY.
A personal representative is usually appointed to take care of the decedent's estate. The procedures in dealing
with a claimant or employer is applied to this type of representative. If there isn't a personal representative,
determine whether the individual requesting the information is taking care of the deceased's affairs. Again,
this individual would be treated as the claimant or employer.
F. RELEASE OF DEPARTMENT LETTERS, POLICIES, ETC..
These documents are not normally released. If such a request is made,the Division will readily release the
citation of the law and/or provide copies of the CESA. However,release of the Division's DL's,policies, and
procedures is at the discretion of the JSC or cost center manager.
G. CHARGING FOR DOCUMENTS.
It is the Department's policy to provide copies, free of charge,of the requested documents.
H. CERTIFICATION OF DOCUMENTS.
It is the Department's policy that originals are not furnished unless required by the court. .Copies are certified
as true and accurate and are required,a supervisor or Tara Singh should be contacted. If these individuals are
not available,Mary Hernandez or Jeanne Hess of the UI Staff Services Unit will certify the records.
VIOLATIONS.
Section 8-72-107(1)of the CESA,states in part, ". . . Any employee or member of the Division or any referee
who violates any provision of this article is guilty of a misdemeanor and,upon conviction therefore,shall be
punished by a fine of not less than twenty dollars nor more than two hundred dollars,or by imprisonment in
the county jail for not more than ninety days,or by both such fine and imprisonment . . .".
J. POLICY COVERAGE.
The policy outlined in this statement will be applied equally and impartially to all persons requesting
information. Any questions regarding its application should be referred to the manager of the unit to whom
the inquiry was directed. Managers of job service centers may refer questions to their respective Field
Operations Area Director or the UI Director.
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mEmoRAnDum
Weld County Board of Commissioners
To Barbara Kirkmeyer, Chairperson Date April 29, 1996
96
COLORADO From Walter J. Speckman, Human Resources Executive Director f//'%% G L'
Subiect:contract Between Employment Services of Weld County and
Colorado Department of Labor, Summer Job Hunt
Enclosed for Board approval is a contract between the Colorado Department of Labor
and Employment and Employment Services of Weld County,for the operation of the
Governors Summer Job Hunt program for the summer of 1996 which is designed to
assist young people, ages 16-21, in aquiring employment seeking skills and in
obtaining employment.
The performance standards established for the program are to place 375 youth in non-
subsidized jobs, provide 150 youth with Job Search Skills, 75 youth be placed in
Obtained Employment category.
Funding provided for the program is$10,000.00,and the period of performance is May
1, 1996, through August 15, 1996.
If you have any questions, please telephone me at 353-3800.
960761
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