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Home My WebLink About951058.tiffRESOLUTION RE: APPROVE 1995 EMPLOYMENT SERVICE AND LABOR EXCHANGE ACTIVITY CONTRACT BETWEEN HUMAN SERVICES' JOB SERVICE CENTER AND EMPLOYMENT SERVICES AND COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT AND AUTHORIZE CHAIRMAN 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 the 1995 Employment Service and Labor Exchange Activity Contract 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 Human Services' Job Service Center and Employment Services, and the Colorado Department of Labor and Employment, commencing July 1, 1995, and ending June 30, 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 1995 Employment Service and Labor Exchange Activity Contract 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 Human Services' Job Service Center and Employment Services, and the Colorado Department of Labor and Employment be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 24th day of May, A.D., 1995. Wetdae nnty Clerk to the Board L Deputy Clerthe Board APPR• ED AS TO FORM: ty ttorne W. H. Webster `George (Baxter Constance L. Harbert C�-: NS>S%nre BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLORADO K. Hall, Chairm 414>Ca /- _LAJ/%ZL� Barbar ; Kirkmeyer, o-Tem/ J/ Jx f, 951058 HR0065 Department or Agency No. KCT Employment Service and Labor Exchange Activity to Weld Contract Routing No. 96-008: County This is a legal document. Legal counsel should be consulted before signing. THIS CONTRACT is made this day of 1995, by and between: The Board of County Commissioners of Weld County 1151 North 17th Avenue P.O. Box 1805 Greeley, CO 80632 (Contractor) and THE STATE OF COLORADO 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 Code 100, ORGN Code 7414, APPR Code 306, Func Code 7500, GBL Codes 2055 and 1655, Contract Encumbrance No. C960008 ; and WHEREAS, pursuant to Section 24-101-105 C.R.S., as amended, contracts between the State and one of its political subdivisions are exempt from the State procurement code and the selection and bidding requirements therein; and WHEREAS, it is the intent of the parties in entering into this Contract to provide training and employment opportunities to the unemployed, underemployed, economically disadvantaged adults and youth, -and other individuals facing serious barriers to employment, those seeking work, and to increase the earned income of the economically disadvantaged under a single delivery -system; and WHEREAS, it is the intent of the parties in entering into this 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; and WHEREAS, the parties acknowledge that this is a contract for a one-year term. The approval of this Contract shall not be considered as the approval of any subsequent contract, nor as the express or implied intention of the parties to renew this Contract; and Department or Agency No. KCT Employment Service and Labor Exchange Activity to Weld Contract Routing No. 96-008: County This is a legal document Legal counsel should be consulted before signing. WHEREAS, the parties expressly acknowledge that this Contract is not an exclusive 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 Contractor to meet the said requirements; and WHEREAS, the State has in place an out -stationed employee to service Weld County veterans and the Contractor shall cooperate fully (i.e., provide unrestricted and immediate access to any program information) with this State employee; and 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 Contract; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; NOW THEREFORE, the parties hereto agree to the following promises, mutual covenants and obligations herein contained. 1. Definitions. "Applicant" means any individual applying for or receiving benefits under programs covered by this Contract. 2. Trm. This Contract shall begin on July 1, 1995, and continue through June 30, 1996. 3. eneral. In performance of its duties and obligations pursuant to this Contract, the Contractor shall comply with the Wagner-Peyser Act, its applicable rules and regulations, as amended (including completing all necessary forms, and maintaining sufficient records). The Contractor 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 Contract in conformance with the Wagner-Peyser Act, its rules and iegulations, as amended 3.1 The Contractor shall incur additional costs only to the extent that the State's local Job Service Centers incur like costs in implementing these changes or methods of operation. 3.2 Where appropriate and applicable, as determined by the State, the State will provide programmatic training or technical assistance to the Contractor on the same basis such programmatic training or technical assistance is made available to the State's local Job Service Centers. 3.3 Additional training or technical assistance, or both, may be made available to the Contractor, Page 2 of 25 Pages Department or Agency No. KCT Employment Service and Labor Exchange Activity to Weld Contract Routing No. 96-008: County This is a legal document. Legal counsel should be consulted before signing at the Contractor's cost, by the State, upon the Contractor's request if such request is deemed to be - reasonable by the State and the State has the available resources to provide the additional training. - 4. Job Service Center Functions. The Contractor shall, during the hours from 8:00 a.m. through 5:00 p.m., Monday through Friday (State holidays excepted), provide the following services: 4.1 Placement Services. Manage and provide job placement services to applicants and employers including, but not limited to the following functions: A. Receive, classify, and record job order information from employers; including the name and address of employer, the employer contact, classifying and recording information on employer job requirements, job content and conditions of employment. -B. Inform employers of the availability of applicants. C. 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 inputed. D. Evaluate the qualifications of applicants selected from the application files and refer those applicants who most nearly meet the specifications on an employer's job order. Prior to releasing a job order to non -veteran applicants, or referring non -veteran applicants to an employer, the Contractor's Local Veteran Employment Representative or the delegate appointed pursuant to the provisions of Paragraph 7.1, as hereinafter set forth, shall: 1. Search the files of the applications of all veteran applicants and refer the eligible veteran applicants to the employer; and - 2. Approve, hi 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 7eferred to the employer. E. Provide follow-up to employers listing job orders in accordance with departmental timeframes for all such activity. F. Job Development Activities. 1. General. The Contractor shall conduct ongoing public relations activities to inform the Weld County employer community of the Contractor's services. Acceptable activities Page 3 of 25 Pages Department or Agency No. KCT Employment Service and Labor Exchange Activity to Weld Contract Routing No. 96-008: County This is a legal document. Legal counsel should be consulted before signing. 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 Contractor 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 Contractor 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. G. Performance Goals. 1. General. The overall minimum performance standard for the Job Service Program shall be established in the planning process between the Field Director and the Office Manager. With respect to veteran applicants, the Contractor shall place the percentages mandated by Federal Veteran Placement Standards. 4.2 Special Services to Unemployment Insurance Recipients (UI Claimants). The Contractor shall: A. Notify all employers who place a job order with the Contractor of the benefits and opportunities of hiring UI claimants. B. Refer questions regarding unemployment insurance claims' procedures and processing to the centralized UI Unit in Denver via the toll free 800 telephone number. 1. Schedule and register UI claimants for work in accordance with departmental procedures. 2. Conduct follow-up activities as appropriate. 4.3 Vocational Guidance and Counseling Services. The Contractor shall provide vocational guidance and counseling services to assist all applicants with problems in vocational choice, change, or adjustment. The Contractor's services shall include the development and maintenance of individualized Employability Development Plans. Page 4 of 25 Pages Department or Agency No. KCT Employment Service and Labor Exchange Activity to Weld Contract Routing No. 96-008: County This is a legal document. Legal counsel should be consulted before signing. -4.4 Testing Services. The Contractor shall 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 Contractor shall comply with 41 CFR, 60-2, 29 CFR 1627, and CFR 32 in conducting Employment Testing services. 4.5 Non -Job Order Referral Services. The Contractor shall 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. A. In the event the Contractor refers an applicant to an agency providing any of the above services, the Contractor shall conduct follow-up activities after the referral to determine if the applicant received the needed services and whether the Contractor can provide additional services to the applicant. B. The Contractor shall give priority to eligible veteran applicants over non -veteran -applicants in making the above referrals. 4.6 Special Services for the Disabled. The Contractor shall designate at least one person whose duties shall include providing the services and activities described within this Contract for disabled persons. 4.7 Other Services. The Contractor shall provide intrastate and interstate clearance of job orders, complaint resolution, and employer assistance with equal employment opportunity regulations to applicants and employers. 5. Input into the State Computer System. In addition to maintaining records and completing the required forms: A. The Contractor shall track and inputalltransactional 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 B. The Contractor may input this data into other automated JTPA systems on a daily basis with the approval of the Colorado Department of Labor and Employment. C. More specifically, but without exclusion, the Contractor shall input, on a daily basis, the following information: Page 5 of 25 Pages Department or Agency No. KCT Employment Service and Labor Exchange Activity to Weld Contract Routing No. 96-008: County This is a legal document. Legal counsel should be consulted before signing. 1. All application information received from applicants; 2. Services provided to applicants (referrals to job orders, referrals to other organizations, job placements, workshops, etc.); and 3. Job orders received from employers with specification of whether the employer is a Federal contractor. 6. Contractor's Duties Conceming_Accessine and Using State Information. A. The Contractor shall adhere to Section 8-72-107 C.R.S. (1986 Repl. Vol. 3B), 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 Contract Coordinator. 2. Section 8-72-107 C.R.S., (1986 Repl. Vol. 3B), 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. The Contractor shall only use and access the State information to the extent necessary as specified in subparagraph 2. Only the Contractor's employees who are directly responsible for the usage specified in subparagraph 2 shall have access to or use of the State information. Prior to allowing any employee to access or use any State information or participate in any State job laceinent abtivi the Contractor shall require such rson to review and a ree tosigning a P tY, eq � Pe g (by 8 g copy of Notice of Personal Compliance Form, incorporated herein by reference and attached hereto as "Exhibit A") abide by the terms of this Agreement. Also, if the Contractor requests transaction level access rather than just inquiry capability, the Contractor shall require each person to obtain an acceptable security clearance. The elements of an acceptable security clearance are: 1) 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-CDLE user has no job -related felony convictions arising from an offense(s) occurring in the five-year period preceeding the request for Page 6 of 25 Pages _Department or Agency No. KCT Employment Service and Labor Exchange Activity to Weld Contract Routing No. 96-008: County This is a legal document. Legal counsel should be consulted before signing new or additional transaction level access to security sensitive applications, 4) the Non-CDLE user or contracting agency must be responsible for all costs of the criminal record check. If an acceptable security clearance is not submitted, transaction level access will be denied. The Contractor shall also provide all completed compliance forms to the Contract Coordinator. The determination of an acceptable security clearance is solely within the discretion of the State. C. The Contractor 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. D. The Contractor shall permit employees, or authorized agents, of the State to make onsite 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. E. The Contractor 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 Contract Coordinator. As these personnel change, updates shall be provided to insure that access is limited to authorized personnel at authorized terminals. T. The Contractor 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". 7. Services to Veterans. In addition to its Job Service Center functions, the Contractor shall: 7.1 Provide, at the Contractor's own expense, a full-time Local Veterans Employment Representative ("LVER"), or an individual designated by the Contractor 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: A. Functionally supervise all of the Contractor's services to eligible veterans; B. 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; Page 7 of 25 Pages Department or Agency No. KCT Employment Service and Labor Exchange Activity to Weld Contract Routing No. 96-008: County This is a legal document. Legal counsel should be consulted before signing. C. 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; D. Monitor the listing of jobs and subsequent referrals of qualified veterans with employers who have Federal government contracts in excess of Ten Thousand and No/100 Dollars ($10,000.00). -E. Report, in writing, all complaints filed under USC, Title 38, Chapter 42, Section 2003, to the Department of Labor and Employment, Employment Services Branch, Attn: State Veterans Coordinator, 1515Arapahoe Street, Tower 2, Suite 400, 80202-2117. The Contractor shall take special precautions to report those complaints regarding failures by Federal agencies to list vacant positions with the Contractor; complaints regarding failures to implement veterans preference laws; and complaints against employers who should comply with the Mandatory Job Listing Program. F. Resolve complaints filed under USC, 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, Attn: State Veterans Coordinator, the State Veterans Representative (Alan Folkestad), 1515 Arapahoe, Street, Tower 2, Suite 400, Denver, CO 80202-2117. 7.2 Notify all employers, labor unions, and training programs that place ajob order with the Contractor of the benefits and opportunities in conducting on-the-job training and apprenticeship programs for veterans. 7.3 Assist employers in identifying and acquiring prosthetic and sensory aids and devices to enhance the employment of disabled veterans. 7.4 Cooperate with' the State's efforts to "service Weld County veterans. The Contractor 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 Contractor 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 Contractor's, to improve service to the citizens of Weld County. 7.5 The Contractor acknowledges the State's Disabled Veteran Outreach Program (DVOP) and its -need to conduct job development and referral within Weld County, and shall cooperate fully and 'release information in accordance with the above provision to this program. 7.6 The State shall advise the Contractor of its DVOP representative's plan of action for job -Page 8 of 25 Pages Department or Agency No. KCT Employment Service and Labor Exchange Activity to Weld Contract Routing No. 96-008: County This is a legal document. Legal counsel should be consulted before signing. development on a monthly basis. 8. Targeted Jobs Tax Credit. The Contractorshall inform employers of the benefits of the Targeted Jobs Tax Credit program and refer all other activity regarding this program to the TJTC Coordinator, in Denver. 9. Housing Inspections. The Contractor shall provide six (6) housing inspections pursuant to 20 CFR Part 654, and Occupational Safety and Health (OSHA) Regulation 1910.142. 10. Migrant and Seasonal Farm Workers. The Contractor shall meet all current Migrant and Seasonal Farm Workers' Equity and Minimum Service Level indicators and comply with20 CFR Parts 651, 652 -and 653. 11. Alien Immigration. The Contractor shall forward -all inquiries related to Non -Agricultural Mien Labor Certifications to: Colorado Department of Labor and Employment, State Immigration -Program Coordination, 1315 Arapahoe Street, Suite 400, Denver, CO 80202-2117. 12. Forms. 12.1 The State shall provide to the Contractor all forms necessary for the Contractor toperform Job Service Center functions under the Wagner-Peyser Act of 1933. 13. Program Funding. In return for the services of the Contractor as described in this Contract, -the State shall compensate the Contractor as%llows: All services except for Veterans and Housing Inspection $1196,907.00 _'Housing Inspection (6 inspections of $230.00 each) ),3$0.00 The Contractor shall submitirtonthly-expenditure statements itemizing costs incurred by type, amount, and individual on forms prescribed by the State. Innoevent shall the Contractor's total -compensation underthis Contract exceed One Hundred Ninety Eight Thousand, Two Hundred Eighty -Seven and No/100 Dollars ($198,287.00). 13. The Contractor 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 9 of 25Tages Department or Agency No. KCT Employment Service and Labor Exchange Activity to Weld Contract Routing No. 96-008: County This is a legal document. Legal counsel should be consulted before signing. 14. Property Management. The State agrees to loan all State computer equipment presently in the possession of the Contractor for the term of this Contract. Title to all such property shall remain with the State. 14.1 The Contractor shall continue to maintain during the term of this Contract a complete inventory of the equipment which is covered by this Contract. A signed document listing the inventory and receipt of such equipment shall be retained by the State and the Contractor. The Contractor shall be responsible for any loss of State property and, any damage beyond ordinary wear and tear to State property. 14.2 The Contractor shall not loan or otherwise permit the use of this equipment to parties outside of the Contractor's program. 14.3 The Contractor shall maintain sufficient insurance courage on all of the State's equipment in -the possession of the Contractor. Such insurance coverage shall reimburse the State for -replacement value costs in the case of loss or damage due to theft or casualty. 14.4 The Contractor shall provide sufficientproof of the above insurance coverage to the State upon receipt of the State's request. 15. Acknowledgement of the State's Contribution in Publications. The Contractor shall acknowledge in all its correspondence, publications, or materials distributed to the public, that all employment services by the Contractor are provided in cooperation with the State of Colorado, Department of Labor and Employment. Such acknowledgement shall be made conspicuously and in plain language. 16. Single Audit Compliance. The Contractor: agrees to permit an independent auditor of the DOLE to have access to the Contractor'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 DOLE. 17. Special Provisions. A. Legal Authority. The Contractor warrants that it possesses the legal authority to enter into this Contract. Theperson or persons signing this Contract or any attachments hereto on behalf of the Contractor also warrant(s) that they have full authorization to execute this Contract and any attachments hereto. Page 10 of 25 Pages Department or Agency No. KCT Employment Service and Labor Exchange Activity to Weld Contract Routing No. 96-008: County This is a legal document. Legal counsel should he consulted before signing. B. Federal Funding. -Payment pursuant to this Contract is in Federal funds and is subject to and contingent upon the continuing availability of the 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 Contract. C. Parties' Relationship. The Contractor shall perform its duties hereunder as an independent contractor and not as an employee of the State. Neither the Contractor nor any agent or employee of the Contractor shall be or shall be deemed to be an agent or employee of the State. The Contractor shall pay when due all required employment taxes and income tax withholding, including all federal and state income tax and local head tax or any monies paid pursuant to this Contract. The Contractor acknowledges that the Contractor and its employees are not entitled to unemployment insurance benefits unless the Contractor or a third party provides such coverage and -that the State does not pay for or otherwise provide such coverage. -The Contractor shall haveno authorization, express or implied, to bind the State to any agreements, liability, or understanding -except as expressly set forth herein. The Contractor shall provide and keep in force worker's _compensation (and showproof of such insurance) and unemployment compensation insurance in the amounts required by law, and shall be solely responsible for the acts of the Contractor, its _employees and agents. D. Compensation. 1. The State shall establish billing procedures and reimburse the Contractor for actual, reasonable and nec-essary expenses incurred in providing services pursuant to this Contract, based on the submission of monthly itemized expenditure statements. 2. Payments pursuant to this Contract shall be made as earned, in whole or inpart, from available State funds encumbered for the purchase of the described services. The liability of the State, at any time, for such payments shall be limited to the amount of such remaining encumbered funds. 3. In the event this Contract is terminated, final payment to the Contractor may be withheld at the discretion of the State until the State tenders final acceptance of the Contractor's performance or, completion of a final audit by the State. 4. Incorrect payments to the Contractor due to omission, error, fraud, or defalcation shall be recovered from the Contractor either by the Contractor reimbursing the State or by deduction from subsequent payments under this Contract or other contracts between the State and the Contractor, or by the State as a debt -due to the State. Page 11 of 25 Pages Department or Agency No. KCT Employment Service and Labor Exchange Activity to Weld Contract Routing No. 96-008: _County This is a legal document. Legalrounsel should be consulted before signing E. Federal Certification on Debarment and Suspension. The Contractor agrees to comply with all applicable regulations pursuant to -Executive Order 12549, including, Debarment and Suspension and Participants' Responsibilities, 29 CFR 98.510 (1990). The Contractor further agrees to complete the required "Certification Exclusion - Lower Tiered Covered Transactions," attached hereto, as Exhibit F. A signed, original completed certificate shall be provided to the State. F. Federal Certification on Lobbying Activities. The Contractor agrees to comply with all applicable regulations pursuant to Section 319 of Public Law 101-121, Guidance for New Restrictions on Lobbying, including, Certification and Disclosure, 29 C.F.R. 93.110 (1990), and further agrees to complete the required "Certification Regarding Lobbying," attached hereto, as Exhibit G. A signed, original completed Certificate shall be provided to the State. G. Confidentiality of Records. 1. In the event that the Contractor shall obtain access to any records or files of the State in connection with, or during the performance of, this Contract, the Contractor shall keep such records and information confidential and shall comply with all laws and regulations concerning the _confidentiality of such records to the same extent as such laws and regulations apply to the State. 2. If this contract is subject to the Colorado Employment Security Act, Articles 70 to 82 of Title 8, C.R.S., (CESA), then the Contractor 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. 3. The Contractor agrees to notify and advise all of the Contractor's employees, agents, consultants, licensees, or sub -contractors in writing of these requirements of confidentiality and of the possible penalties and fines imposed for violation thereof, and to secure from each an acknowledgment of such advisement and Contract to be bound by the terms of this Contract as an xmployee, agent, consultant, licensee or sub -contractor of the Contractor, as the case may be. 4. Any breach of confidentiality by the Contractor or third party agents of the Contractor shall constitute good cause for the State to cancel this Contract, without liability; any and all information or equipment delivered to the Contractor shall be returned to the State. 5. Any State waiver of an alleged breach of confidentiality by the Contractor or third party agents of the Contractor does not imply a waiver o₹ any subsequent breach by the Contractor. H. Ownership of Materials and -Information. -Unless otherwise agreed to in a written Page 12 of 25 Pages Department or Agency No. KCT Employment Service and Labor Exchange Activity to Weld Contract Routing No. 96-008: Cvunty This is a legal document Legal counsel should be consulted before signing. amendment executed and approved pursuant to StateFiscalRules, the parties agree That all material, information, data, computer software, documentation, studies, and evaluations produced in the performance of this Contract are thesole property of the State. I. Reporting. The Contractor shallsubmit a written program report specifying progress made for each activity identified in the Contractor's duties -and obligations, regarding the performance of This Contract. This program report shall be in accordance with the procedures developed and prescribed byihe State. The preparation of reports in a timely -manner shall be the responsibility of the Contractor and failure to comply may result in a delay in the payment of funds or termination of the Contract. The Contractor shall provide -the State at least the following reports on a monthly basis unless otherwise specified: Report on -Veteran's Activity; Job Service Center Quarterly Reports; Interstate Job -Bank Listing; Form 145— Rural -Manpower -Bulletin Report; ETA -223- In -Season -Farm Labor Report; ETA 5148D,Part One - Services to -Migrant and Seasonal Farm -Workers; Part Two - Agricultural Clearance Order Activity and Field Check Report (quarterly); Summary of Outreach Activity for Migrant and Seasonal Farm Workers; ETA -338 - Housing Inspection;aeopy of the Contractor's report to -the Weld County Private Industry Council; and, the Contractor's compilation of placements per staff year worked and placement transactions perstaff year worked (annually). J. Records. 1. The Contractor shall maintain a complete file of all -records, documents, communications, and other materials which pertain to -the operation of programs or the delivery of services under this Contract. Such materials shall be sufficient to properly reflect all direct and indirect costs _of labor, materials, equipment, supplies, and services, and other:osts of whatever naturefor which a contract payment wasinade. These records shall be maintained according to generally accepted accounting principles and shall be easily separable from other records of the Contractor. 2. All such records, documents, communications, and other materials shall be the property 'of the State-andshall be maintained by the Contractor, in a central location as custodian, on -behalf of the State, for aperiod of three (3) years from the date of final payment under this Contract, or for such further period as maybe necessary to resolve any pending matters (including audits performed by the federal government). K. Performance Monitoring. 1. The Contractor shall permit -the State, the U.S. Department of Labor, orany other duly authorized agent or governmental agency, to monitor all activities conducted by the Contractor Page 13 of 25Pages Department or Agency No. KCT Employment Service and Labor Exchange Activity to Weld Contract Routing No. 96-008: County This is a legal document. Legal counsel should be consulted before signing. pursuant to -the terms of this Contract. Such monitoring may consist of internal _evaluation procedures, examination of program data, special analyses, on -site checking, formal audit examinations, or any other reasonable procedures. All such -monitoring shall be performed in a manner that shall not unduly interfere with the work of the Contractor. 2. The Contractor authorizes the State to perform audits or inspections of its records -at any reasonable time during the term of this Contract and for a period of three (3) years following the termination of this Contract. L. Remedies. -In addition to other specified remedial actions, the -Executive Director of the State or a designee may exercise the following remedialactions should the ExecutiveDirector find that the Contractor has substantially failed to satisfy or perform the duties and obligations of this Contract. Substantial failure to satisfy the duties and obligations shall be defined to mean insufficient, incorrect, improper activities or inaction by the Contractor. These remedial actions are as follows: 1. Withhold payment to the Contractor until the necessary services, or corrections in performance, are satisfactorily completed; 2. Request the removal from work on the Contract of any employee of the Contractor whom the Executive Director or designee reasonably concludes in good faith to be: incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued employment under this Contract is contrary to thepublic interest or, not in the best interest of the State; 3. Deny payment for those services or obligations which have not been performed and which due to circumstances caused by the Contractor cannot be performed or, if performed wouldl*e of no value to theState. Denial of the amounfof payment must be reasonably related to the amount of work or performance lost to the State; or 4. Terminate this Contract if after a thirty (30) day corrective action period, substantial improvement in performance is not documented, without the required notice and without compensation for termination costs. M. Non -Assignability. The duties and obligations of the Contractor cannot be assigned, delegated, nor subcontracted except with the express written consent of the State. This Contract shall inure to the benefit of, and be binding upon, the parties hereto and their respective successors and assigns. Page 14 of 25 Pages _Department or Agency No. KCT Employment Service and Labor Exchange Activity to Weld Contract Routing No. 96-008: County This is a legal document. Legal counsel should be consulted before signing. N. Litigation. Unless otherwise provided, the Contractor 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 Contract and which summons, complaint, or other pleading has been filed in any Federal or State court or administrative agency, and shall deliver copies of such document to the State. O. Termination. Either party may terminate this Contract by giving the other party thirty (30) calendar days notice by certified or registered mail, return receipt requested. If notice is so given, this Contract shall terminate upon the expiration of the thirty day notice period, and the liability of the parties -hereunder for further performance of the terms of this Contract shall thereupon cease, but the parties shall not be released from the duty to perform their obligations up to the date of termination. -P. Severability. Toxhe extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of this Contract, the terms of this Contract are severable. Should any term or provision of this Contract, be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of any term of this Contract shall not be construed as a waiver of any other term, or the same term upon subsequent breach. Q. Entire Understanding. This 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 contract executed and approved pursuant to the State Fiscal Rules. R. Notice Procedure. All notices required and permitted pursuant to this Contract shall be m writing and small be deemedgiven when personally_ served or; three (3) days after deposit in the - United States mail, by certified mail, return receipt requested, and addressed to the following parties or to such other address as has been designated by a notice complying with the foregoing requirements. Page 15 of 25 Pages Department or Agency No. KCT Employment Service and Labor Exchange Activity to Weld Contract Routing No. 96-008: County This is a legal document. Legal counsel should be consulted -before signing CONTRACTOR: Ms. Linda Perez, JSC Director Employment Services of Weld County P.O. Box 758 Greeley, CO 80632 (303) 353-3815 and Executive Director Division of Human Resources P.O.Box 1805 Greeley, CO 80632 STATE: Mr. Melvin Madden, Associate Director Department of Labor and Employment 1515 Arapahoe Street, Tower 2, Suite 400 Denver, CO 80202-2117 (303) 620-4401 and Mr. ThomasE. Ivory, Field Director Department of Labor and Employment 1515 Arapahoe Street, Tower 2, Suite 400 Denver, CO 80202-2117 (303) 620-4227 S. CONTROLLER'S APPROVAL. This Contract is not valid until it has been approved by the Controller of the State of Colorado or such assistant as the Controller may designate. 1. If the date of the State Controller's approval is subsequent to the effective date of this Contract, specified in ¶ 1, all provisions relating to the time of performance and payment shall be reduced proportionately to account for the reduction of work and services. 2. The parties expressly acknowledge that the State shall not be liable for payment of work or services, nor for costs or expenses incurred by the Contractor, prior to the proper execution and approval of this Contract. T. Fund Availability. Financial obligations of the State, which are payable after the current fiscal year are contingent upon funds for thatpurpose being appropriated, budgeted, and otheryvise made available. U. Indemnification. 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, licensees, subcontractors, or assignees pursuant to the terms of this Contract. V. Discrimination and Affirmative Action. The Contractor agrees to comply with the letter -and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law Page 16 of 25 Pages Department or Agency No. KCT Employment Service and Labor Exchange Activity to Weld Contract Routing No. 96-008: County This is a legal document. Legal counsel should be consulted before sing. respecting discrimination and unfair employment practices, Section 24-34-402, C.R.S. (1988 Repl. Vol. 10A), as amended, and as required by -Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, during the performance of this Contract, the Contractor agrees as follows: 1. 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 disability or age. The Contractor will take affirmative action to insure that disability applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, is not be limited to the following: employment, upgrading, demotion, 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 State setting forth provisions of this non-discrimination clause. 2. The Contractor will, in all solicitations or other advertisements for employeesplaced 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 disability, or age. 3. The Contractor will send to each labor union or other representative of workers with which the Contractor 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. 4. The Contractor, labor unions, or other representatives of workers will furnish all information and reports which are required by Executive Order ;Equal Opportunity and -Affirmative Action, dated April 16, 1975, and by the rules, regulations and Orders of the Governor. The Contractor, unions or other Representatives of workers will permit access to the books, records, and accounts by the contracting agency and the office of the Governor or a designee for purposes of investigation to ascertain compliance with such rules, regulations and Orders. 5. 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, national origin, sex, marital status, religion, mental or Page 17 -of 25 Pages Department or Agency No. KCT Employment Service and Labor Exchange Activity to Weld Contract Routing No. 96-008: County This is a legal document. Legal counsel should be consulted before signing. physical disability, or age. -6. 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 as discriminatory. 7. In the event of the Contractor's non-compliance with the non-discrimination clauses of this Contract or with any related rules, regulations, or orders, then Contract may be cancelled, terminated or suspended in whole or inpart and the Contractor may be declared ineligible for further State contracts in accordance with the procedures authorized in the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and any 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. 8. The Contractor will include theprovisions, subsections (1) through (8) of Paragraph V of this Contract, 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 -contract 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 a 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 interests of the State of Colorado. W. Colorado Labor Preference. 1. Provisions of 8-17-101 & 102, C.R.S. (1986 Repl. Vol 3B) for preference of 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. 2. 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 may cause denial of federal funds which would otherwise be available, or would otherwise be inconsistent with the requirements of federal law, then this Page 18 of 25 Pages Department or Agency No. KCT Employment Service and Labor Exchange Activity to Weld Contract Routing No. 96-008: County This is a legal document. Legal counsel should be consulted before signing. subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements, Sections 8-19-101 and 102 C.R.S. (1986 -Repl. Vol. 3B), as amended. X. General. 1. The laws of the State of Colorado, and the 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 of this Contract 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 this Contract is capable of execution. 2. 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. 3. The signatories hereto aver that they are familiar with Sections 18-8-301 et. se_c ., {Bribery and Corrupt Influences), and 18-8-401, et. seg., (Abuse of Public Office), C.R.S.(1986 Repl. Vol. 8B), as amended, and that no violation of such provisions is present. 4. The signatories aver that to the best of their knowledge, no state employee hasa personal or beneficial interest whatsoever in the service onproperty described herein. Page 19 of 25Pages Department or Agency No. KCT atgljeSetruice and Labor ExchangeActivity to Weld Contract Routing No. 96-008: co;efy This is a legal_document. L-egal counsel should be consulted before signing. IN WITNESS -WHEREOF, -the parties hereto have executed this Contract on the day first above written. THE COMMISSIONERS OF WELD COUNTY STATE OF COLORADO Romer, Governor By: ,..Da Title: "' Title: Chairman (5/24/95) eral Tax ID: 84-6000813 HALL ath Corporate„Fecretary or -Equivalent CLERK TO THE BOARD APPROVALS: ATTORNEY GENERAL By: r LE11.N+1ORTON al£Y_GENE 7-0-4/-42,(-4 t'.'✓ N ci. t+A:;. ,INBURG Ass:ktant Attorney General .::,eral Legal Services Executive Dileotor Department of Labor and Employment DIVISION OF ACCOUNTS AND CONTROL Clifford W.IHall,State Controller By: Melvin Madden Date State Controller Designee Page 20Df 25 Pages Department or Agency No. JCCT Employment Service and Labor Exchange Activity to Weld Contract Routing No. 96-008: County This is a legalsiocument. Legal counsel should be consulted before signing. NOTICE OF PERSONAL COMPLIANCE I, ,_certify that I have reviewed this Contract and agree -to abide by the terms of this Contract, and its exhibits, between the State of Colorado and my employer or principal , concerning the disclosure and use of State information andparticipation in job placementactivities. I UNDERSTAND THAT ANY ACT, OR OMISSION TO ACT, WHICH VIOLATES ANY TERM OF THE ABOVE MENTIONED CONTRACT, -especially the terms concerning the disclosure of information under Section 8-72-107 of the Colorado Revised Statutes (as amended) and -he Code of Ethics, MAY SUBJECT ME TO CRIMINAL PROSECUTION OR CIVIL LIABILITY. Signed: -Date: Signed before me this __lay of , 19_. Notary Commission Expires Exhibit A Page 21 of 23 Pages Department or Agency No. KCT Employment Service and Labor Exchange Activity to Weld Contract Routing No. 96-008: County This is a legal document legal counsel should be consulted beforesigning. 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 assurepublic confidence in the integrity of the government of the State of Colorado. EACH PERSON IN THE EXECUTIVEBRANCH OF GOVERNMENT SHALL- ]) 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 personalinterest 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-EIGHTHDAY OF MARCH, A.D., 1980. ROY ROMER, GOVERNOR Exhibit B Page 22 of 25 Pages Department or Agency No. KCT Employment Service and Labor Exchange Activity -to Weld Contract Routing No. 96-008: County This is a legal.document. Legal counsel should be consultedbefore signing. GRATUITIES AND CREDIT FOR -PLACEMENT POLICY STATEMENT The purpose ofthis statement is to reiterate the written policy of thelivision ofEmployment and Training with respect to accurate reporting of placement rid The prohibition against accepting any gratuity or favor forinaking-a placement. An accurate tabulation must be made of placement. Any misrepresentation as to the number of placements -- eithera failure toproperlytake credit or to take creditfor aplacement not made -- is not acceptable. People will make honest mistakes, but a mistakeaannot be condoned with regard to the proper recording of placements. It has always been the policy ofthe Division of Employment and Training to immediately terminate any employee who lakes creditfor 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 apayment, a gratuity, or favor for making aplacement. Any violation of this policy will also result in the termination of services of the employee violating -the policy. If anyone, at any time, suggestslhat you in any manner make other -than an accurate-recordof placements, -this fact should be immediately reported by you to the Personnel Unit. Division Director Colorado Division of Employment and Training Exhibit C Page23 of 25 Pages Department or Agency No. KCT EmploymentService and Labor Exchange Activity to Weld Contractllouting No. 96-1)08: County This is a legal document. Legal counsel should be consulted before signing. COLORADO DIVISION OF EMPLOYMENT AND TRAINING MEMORANDUM FOR CERTIFICATION OF COMPLIANCE WITH STATE OF COLORADO EMPI,OYMENT POLICIES Attached hereto are the following materials related to standards, rules and guidelines for those persons who are employees, volunteers in employment or agents of the Colorado Division of Employment and Training. 1. Code of Ethics 2. Gratuity and Credit for Placement Policy 3. Confidentiality of Records Policy Please make yourself thoroughly familiar with the contents of each document prior to certifying your understanding of each portion, its intent and the penalties for non-compliance. Your signature constitutes an understanding and agreement to abide by the stated policies. Signed Date Exhibit D Page 24 of 23 Pages Department or Agency No.XCT Employment Service andlabor Exchange Activity to Weld Contract Routing No. 96-008: County This is a legal document. Legal counsel should be consulted -before signing. CODE OF ETHICS AND REPORTING REGARDING THE ACCESS AND USE OF STATE INFORMATION AND JOB PLACEMENT IN PERFORMANCE OF ITS CONTRACT WITH THE STATE, THE CONTRACTOR,ITS EMPLOYEES AND AGENTS, SHALL: 1. Serve the public with respect,concern, courtesy, and responsiveness: 2. Demonstrate the higheststandards_of personal integrity,2ruthfulness-and honesty -anti shall through personal conduct inspire public confidence and trust in theState: 3. Maintainindependence and impartiality and refuse to accept-any-compensationior gift which might result in preferential treatment of persons, businesses, or organizations: 4. Avoid any business relationship that might conflict with -contractual duties to theState: 5. Not use State property, equipment, or information for any private interest: 6. Never -disclose, use, orallow others touse confidential information, acquired by virtue of its contractual relationship with the State, for -private interests: 7. Notthetray its contractual relationship with the State byxonducting itself inany-manner which might adversely -effect the integrity of -the State: 8. -Maintain -an -accurate tabulation of -any placements made. Anyinisrepresentation-as-to the number of placements is grounds for the -State -to immediately terminate the Contract. Exhibit E Page 25 of 25 Pages -COLORADO To Dale K. Hall, Chairman 111EMORAMUM Weld County Board of Commissioners Date May 22, 1995 From Walter J. Speckman, Human Services Executive Director Subject: Job Service Contract for 1995 Enclosed for Board review and approval is the Job Service Contract with the Lolorado Department of Labor and Employment. The term is for Fiscal Year 1994, which begins July 1, 1995, through June 30, 1996. The Contract amount is $196,907.00. If you should have any questions or concerns regarding the attached Contract, please telephone me at 353-3800, extension 3317. 951058 Hello