HomeMy WebLinkAbout20110047.tiff RESOLUTION
RE: APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE
CHAIR TO SIGN - CHILD ADVOCACY RESOURCE AND EDUCATION, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with a Child Protection Agreement for Services
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Human Services, and Child
Advocacy Resource and Education, Inc., commencing January 1, 2011, and ending December 31,
2011, with further terms and conditions being as stated in said agreement, and
WHEREAS,after review, the Board deems it advisable to approve said agreement, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Child Protection Agreement for Services between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of
the Department of Human Services, and Child Advocacy Resource and Education, Inc., be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 5th day of January, A.D., 2011, nunc pro tunc January 1, 2011.
BOARD OF COUNTY COMMISSIONERS
N WE COUNTY, CO RADO
ATTEST, i ice.
' /S.: arbara Kirkmeye , Chair
Weld County Clerk t t%i EEO ; c\�__' .'; — /�
a�4 + U �
y / Sean P. way, Pro-Tem e
BY: rim
Deputy Clerk to the B ill
Will(am F. rcia
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David: Long
-d y Attorney ex r, knit aV 1 2 c
DouglastRademac r
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Date of signature: 20
2011-0047
HR0082
MEMORANDUM
6
ODATE: December 29, 2010
TO: Douglas Rademacher, Chair, Board of County Co ssio rs
"ilkCorn 1
FROM: Judy A. Griego, Director, Human Services t f
COLORADO RE: Child Protection Agreement for Services b ween the Weld
County Department of Human Services and Child Advocacy
Resource and Education, Inc.
Enclosed for Board approval is a Child Protection Agreement for Services between the Weld
County Department of Human Services and Child Advocacy Resource and Education, Inc. This
Agreement was reviewed by the Board by a Pass-Around Memorandum dated December 20,2010,
and approved for placement on the Board's Agenda.
The major provisions of this Agreement are:
No. Provider/Term Program Area Rates
1 Child Advocacy Resource and Provide community $12,648.00 Parent
Education, Inc. education on child Education Program
abuse and neglect, $3,936.00 Community
January 1, 2011 — December 31, 2011 parent education, Education Program
and children's family $10,569.00 Children's
education classes Program
$6,885.00 Prevention
program
Max. $34,038.00
If you have questions, please give me a call at extension 6510.
2011-0047
Contract Number PYI I-CPS- 88
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT
OF HUMAN SERVICES AND CHILD ADVOCACY RESOURCE AND EDUCATION, INC.
( ) Purchase of Psychological Evaluation Agreement
( ) Purchase of Psychiatric Consultation Agreement
( ) Purchase of Medical Consultation Agreement
( X) Purchase of Community, Parent, and Family Education Agreement
Was this Agreement competitively procured?
( ) Yes Date Procured
( X )No (Attach Waiver of Competitive Procurement for Child Protection Agreements Form)
This Agreement,made and entered into the day of January,2011,by and between the
Board of County Commissioners, on behalf of the Weld County Department of Human Services,
hereinafter referred to as "Human Services," and Child Advocacy Resources and Education, Inc.,
hereinafter referred to as the "Contractor."
WITNESSETH:
WHEREAS,required approval,clearance and coordination has been accomplished from and
with appropriate agencies; and
WHEREAS, the County of Weld, pursuant to the Weld County Home Rule Charter, has
provided Human Services fund resources for community education to Weld County residents as
identified by Human Services; and
WHEREAS,Human Services desires to enter into an agreement with the Contractor to assist
Human Services in providing community education on child abuse and neglect, parent education,
and children's family education classes; and
WHEREAS, Human Services wishes to have education on abuse and neglect to the
community to reduce and eliminate future child abuse.
NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree
as follows:
1. Term
This Agreement shall become effective on January 1, 2011, upon proper execution of this
Agreement and shall expire December 31, 2011. The Contractor agrees that time is of the
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Contract Number PY l 1-CPS- 88
essence in their performance of its obligations under this Agreement,and that completion of
the Project shall occur no later than the termination date of December 31, 2011.
2. Scope of Services
Services shall be provided by the Contractor to any person(s) eligible for community
educational services in compliance with Exhibit A, "Scope of Services," a copy of which is
attached and incorporated by reference.
3. Payment Schedule
a. Payment shall be made on the basis of Exhibit B, "Payment Schedule," a copy of
which is attached and incorporated by reference.
The Agreement Budget shall establish the maximum reimbursement, which will be
paid from county funds during the duration of this agreement.
b. The Contractor shall submit an itemized monthly billing to Human Services for all
costs incurred pursuant to Exhibit A of this Agreement in accordance with criteria
established by Human Services. The Contractor shall submit all itemized monthly
billings to the Human Services no later than the fifteenth (15) day of the month
following the month the cost was incurred. Billings must be signed by the
Contractor.
Failure to submit monthly billings in accordance with the terms of this agreement
shall result in the Contractor's forfeiture of all rights to be reimbursed for such
expenses.
c. Payments to the Contractor shall be made monthly by Human Services upon receipt
of such itemized billings as required under Exhibits A and B.
d. Reimbursement of costs incurred pursuant to this Agreement is expressly contingent
upon the availability of Weld County funds to Human Services.
e. Human Services shall not be billed for, and reimbursement shall not be made for,
time involved in activities outside of those defined in Exhibit A. Work performed
prior to the execution of this Contract shall not be reimbursed or considered part of
this Agreement.
4. Financial Management
At all times from the effective date of this Contract until completion of this Contract, the
Contractor shall comply with the administrative requirements, cost principles and other
requirements set forth in the Financial Management Manual adopted by the State of
Colorado. The required annual audit of all funds expended under General Assistance must
conform to the Single Audit Act of 1984 and OMB Circular A-128.
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Contract Number PYl 1-CPS- 88
5. Payment Method
Unless otherwise provided in the Scope of Services and Payment Schedule:
a. the Contractor shall provide proper monthly invoices and verification of services
performed for costs incurred in the performance of the agreement.
b. Human Services may withhold any payment if the Contractor has failed to comply
with the Financial Management Requirements,program objectives,contractual terms,
or reporting requirements.
6. Assurances
The Contractor shall abide by all assurances as set forth in the attached Exhibit C, which is
attached hereto and incorporated herein by reference.
7. Compliance with Applicable Laws
At all times during the performance of this contract,the Contractor shall strictly adhere to all
applicable federal and state laws, orders, and all applicable standards, regulations,
interpretations or guidelines issued pursuant thereto. This includes the protection of the
confidentiality of all applicant/recipient records, papers, documents, tapes and any other
materials that have been or may hereafter be established which relate to this Contract. The
Contractor acknowledges that the following laws are included:
- Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1
et. seq. and its implementing regulation, 45 C.F.R. Part 80 et. seq.;
and
- Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section
794, and its implementing regulation, 45 C.F.R. Part 84; and
- the Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq.
and its implementation regulation, 45 C.F.R. Part 91; and
- Title VII of the Civil Rights Act of 1964; and
-the Age Discrimination in Employment Act of 1967; and
- the Equal Pay Act of 1963; and
-the Education Amendments of 1972; and
-Immigration Reform and Control Act of 1986, P.L. 99-603;
and all regulations applicable to these laws prohibiting discrimination because of race,color,
national origin, and sex, religion and handicap, including Acquired Immune Deficiency
Syndrome (AIDS) or AIDS related conditions, covered under Section 504 of the
Rehabilitation Act of 1973, as amended, cited above. Included is 45 C.F.R. Part 74
Appendix G 9, which requires that affirmative steps be taken to assure that small and
minority businesses are utilized, when possible, as sources of supplies, equipment,
construction and services. This assurance is given in consideration of and for the purpose of
obtaining any and all federal and/or state financial assistance.
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Contract Number PY11-CPS- 88
Any person who feels that s/he has been discriminated against has the right to file a
complaint either with the Colorado Department of Human Services or with the U.S.
Department of Health and Human Services, Office of Civil Rights.
8. Certifications
Contractor certifies that,at the time of entering into this Contract, it has currently in effect all
necessary licenses,approvals,insurance,etc.,required to properly provide the services and/or
supplies covered by this contract.
9. Monitoring and Evaluation
The Contractor and Human Services agree that monitoring and evaluation of the performance
of this Agreement shall be conducted by the Contractor and Human Services.
The results of the monitoring and evaluation shall be provided to the Board of Weld County
Commissioners.
The Contractor shall permit Human Services, and any other duly authorized agent or
governmental agency, to monitor all activities conducted by the contractor pursuant to the
terms of this Agreement. As the monitoring agency may, in its sole discretion, deem
necessary or appropriate, such 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 will not unduly interfere with agreement work.
10. Modification of Agreement
All modifications to this agreement shall be in writing and signed by both parties.
11. Remedies
The Director of Human Services or designee may exercise the following remedial actions
should s/he find the Contractor substantially failed to satisfy the scope of work found in this
Agreement. Substantial failure to satisfy the scope of work shall be defined to mean
incorrect or improper activities or inaction by the Contractor. These remedial actions are as
follows:
a. Withhold payment to the Contractor until the necessary services or corrections in
performance are satisfactorily completed;
b. Deny payment or recover reimbursement for those services or deliverables which
have not been performed and which due to circumstances caused by the Contractor
cannot be performed or if performed would be of no value to the Human Services.
Denial of the amount of payment shall be reasonably related to the amount of work or
deliverables lost to Human Services;
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Contract Number PY11-CPS- 88
c. Incorrect payment to the Contractor due to omission,error,fraud,and/or defalcation
shall be recovered from Contractor by deduction from subsequent payments under
this Agreement or other agreements between Human Services and the Contractor,or
by Human Services as a debt due to Human Services or otherwise as provided by
law.
12. Representatives
For the purpose of this Agreement, the individuals identified below are hereby designated
representatives of the respective parties. Either party may from time to time designate in
writing a new or substitute representative(s):
For Human Services: For the Contractor:
Gloria Romansik, SS Mgr 4 Shannon DeLaRosa, Exec. Director
Name Title Name Title
13. Notice
All notices required to be given by the parties hereunder shall be given by certified or
registered mail to the individuals at the addresses set forth below. Either party may from
time to time designate in writing a substitute person(s)or address to whom such notices shall
be sent:
To: Human Services To:
Judy A. Griego, Director Shannon DeLaRosa, Exec. Director
P.O. Box A 3700 Golden St.
Greeley, CO 80632 Evans, CO 80620
14. Litigation
The Contractor shall promptly notify Human Services in the event that the Contractor learns
of any actual litigation in which it is a party defendant in a case which involves services
provided under this Agreement. The Contractor, within five (5) calendar days after being
served with a summons, complaint,or other pleading which has been filed in any federal or
state court or administrative agency, shall deliver copies of such document(s)to the Human
Services'Director. The term "litigation" includes an assignment for the benefit of creditors,
and filings in bankruptcy, reorganization and/or foreclosure.
15. Termination
This Agreement may be terminated at any time by either party given thirty(30)days written
notice and is subject to the availability of funding.
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Contract Number PY11-CPS- 88
16. Entire Agreement
This Agreement, together with all attachments hereto, constitutes the entire understanding
between the parties with respect to the subject matter hereof, and may not be changed or
modified except as stated in Paragraph 9 herein.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the
day, month, and year first above written.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY CO RADO
ATTEST: ,° -*�
Weld County Clerk to the Board vim t rbara Kirkme er, Chai
BY t k JAN 052011
Deputy Cl to the Board
E S TIO FORM:
CONTRACTOR
B Barker, County Attorney By 4.M 01L,n(L Q
Karen Sorensen, Board President
WELD COUNTY DEPARTMENT By` ,, / SieSr-----
OF HUMAN SERVICES Shannon DeLaI(sa, Executive Director
By:
Ju . Grie o, Direct
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Contract Number PY 11-CPS- 88
EXHIBIT A
SCOPE OF SERVICES
1. Scope of Services
The Contractor shall perform the following services:
A. Parent Education Classes: c.a.r.e. provides comprehensive parenting classes
and workshops for parents who receive instruction and support in child abuse
prevention strategies, nurturing parenting techniques, non-physical discipline,
anger management for parents, stress management and child development.
Classes are held in a group format and offered on-site at our location in Evans or
at other community locations, including the South County area, the Weld County
Jail and homeless shelters among other locations. Most classes are offered both in
English and Spanish. Our classes utilize a variety of curriculums, including The
Nurturing Parenting Program, Strengthening Latino Families, RETHINK: Anger
Management for Parents, Parenting Your Teen, Teens as Parents and family
support groups. Each parent group has an accompanying children's group.
Although all families are charged a small fee to attend the classes, we do offer
many scholarships and reduced fees depending on the circumstances of the family.
The children's groups are always free. Projected goals for 2011 (from Weld
County funding) includes 600 hours of parent instruction in a variety of class or
workshop settings serving up to 700 individuals.
B. Community Education: c.a.r.e. provides awareness training for the general
public on issues of abuse and neglect. c.a.r.e. is a resource for individuals needing
parenting support and abuse prevention information via print material, telephone
contact, children's fairs, parent nights at schools and Head Start, the c.a.r.e.
website and other direct contact. Our services are provided both in English and
Spanish. Through this Community Education Program, we anticipate contact with
up to 1,500 individuals in the year 2011.
C. Children's Programs: c.a.r.e. offers a Children's Program and/or childcare in
conjunction with the Parent Education Program. Through group activities and
instruction, children receive support in the areas of personal safety skills,
emotional expression and family relationships, while being cared for by our
trained staff and volunteers. Anticipated contacts for the year 2011 include up to
150 children in 370 hours of group and instruction.
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Contract Number PYl 1-CPS- 88
D. Prevention Program: This school-based program known as the "SafeTouch"
Program provides skills training to elementary school aged children in Weld
County, with the focus on information on child abuse issues and personal safety.
This is presented developmentally in a multi-modal approach, through the use of
puppets, videos, role plays and interactive presentations that aid children and
youth in the understanding of personal safety techniques. Total contacts for this
program exceed 9,000 elementary school aged children.
2. Program Funding: We combine Weld County funding with additional funding to
enhance and increase the above program offerings. Between 2008-2010 we have secured
additional funding through United Way of Weld County, Exchange Club of Greeley,
Greeley Kiwanis, VALE, and the 19`h Judicial Courts. Programs are also supported in
part by agency fund-raising efforts, foundation grants (Temple Hoyne Buell, El Pomar,
Community Foundation), client fees, contributions and other program fees when
applicable. We continue to seek other sources of additional funding through foundations,
donors and others and work in partnership with agencies such as Youth and Family
Connections and First Steps on new grant applications.
3. Anticipated 2011 Benefits: c.a.r.e. will continue to provide abuse and neglect
prevention and intervention programs to the community to support our mission of
strengthening and preserving families while protecting children from abuse and neglect.
We achieve this goal by heightening awareness of the impact of abuse on families and
children, providing positive and healthy parenting education, improving parent/child
relationships and assisting children and youth with personal safety skills.
Other direct benefits of c.a.r.e. programs include the increased ability of parents, children
and youth to have the skills necessary to ask for help when they are in a difficult situation,
an ongoing presence and voice in the community with our message of healthy, positive
parenting skills and a resourceful and knowledgeable staff, accessible to parents and
children during times of challenging family situations.
c.a.r.e. provides parenting and family support in English and Spanish. Many classes are
held throughout the county. We work closely with other human service agencies,
schools, the medical and the faith community and businesses to provide an important
resource to the community.
4. Program Effectiveness: Program effectiveness is evaluated in the following ways for
specific programs:
A. Parent Education Evaluation
1) The number of individuals receiving access to parenting materials and
information.
2) An increase in scores on a pre and post assessment of parenting knowledge.
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Contract Number PY 1 l-CPS- 88
B. Community Education Evaluation
1) Report of the numbers of individuals receiving abuse prevention materials,
presentations and parenting information.
C. Children's Program Evaluation
1) Child's comfort in the program is observed, evaluated and submitted in a
written report by staff and interns.
2) A Parental Satisfaction Survey is conducted regarding decreased barriers to
attending a class.
D. Safe Touch Program Evaluation
1) Children (1,000) at randomly selected schools are given a questionnaire
immediately following the presentation and again two weeks after they viewed
the Safe Touch Program. We report the percentages of children in kindergarten
through Fifth Grade that get the answers correct for each assessment period.
Information regarding program effectiveness can be requested semi annually or annually for
any program.
5. Request Prioritization: Both the Children's and Parenting Program are identified as a
top priority for funding. The impact of our programs is great and partial funding will
affect the community in the following areas:
A. 90% funding will result in the inability to provide up to three parent education
programs with the concurrent children's groups.
B. 80% funding will reduce all programs by an equal percentage in terms of classes
or presentations offered. This would impact amount of staff hours and
intervention available to the community.
C. 70% funding will significantly reduce our ability to provide services to outlying
areas due to the increased costs for these classes and presentations.
6. Weld County Allocation 2008: $49,494.00
Weld County Allocation 2009: $44,494.00
Weld County Allocation 2010: $37,820.00
7. Number of persons served in c.a.r.e. Programs- (This reflects total program budget
numbers, not just Weld County funded portion.)
PROGRAM 2009 2010 (Est.) 2011 (Est.)
Parent Education 799 720 700
Children's Program 131 150 150
Prevention Program 8,545 9,000 9,000
Community Awareness 811 1,500 1,500
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Contract Number PY11-CPS- 88
Child Advocacy Resource and Education, Inc.
Weld County Proposal 2011 ($34,038)
Parent Children's Prevention Community
Education Program Program Education
2011 Project 600 class 370 class hours 9,000 children 1,500
Units hours and youth individuals
Total Program 59,853 46,711 44,589 12,971
Cost
Cost per unit 99.75 126.24 4.95 8.64
Weld County 12,648 10,569 6,885 3,936
Allocation
Weld County 21.08 28.56 .76 2.62
Cost Per unit
8. Confidentiality
The Contractor agrees to comply with 19-1-120 C.R.S., which requires that reports of child
abuse and any identifying information in those reports are strictly confidential.
9. Eligible Client Cases
Human Services shall be responsible for selecting cases to be reviewed and staffed by the
Contractor.
10. Monitoring and Evaluation
The following will be used for monitoring and evaluating the success of the purchase of
services agreement for community education and awareness of child abuse and neglect:
1. Monthly report submitted to Weld County Department of Human Services.
2. Random sampling of educational,law enforcement and community groups who have
had programs presented by Child Advocacy Resource and Education, Inc., for
evaluation of service.
3. Review of evaluation materials and correspondence from outside agencies regarding
services received.
4. Ongoing consultation with supervising staff through Weld County Protective
Services concerning development and implementation of programs.
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Contract Number PY II-CPS- 88
EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Human Services agrees to reimburse to the Contractor, in consideration for the work and
services performed, a total amount not to exceed Thirty-four Thousand and Thirty-eight
Dollars ($34,038.00) and as follows:
a. Parent Education Program $ 12,648.00
b. Children's Programs 10,569.00
c. Prevention 6,885.00
d. Community Education Program 3,936.00
Expenses incurred by the Contractor,in association with said project prior to the term of this
Agreement, are not eligible Human Services expenditures and shall not be reimbursed by
Human Services.
Payment pursuant to this Contract, if Weld County funds, whether in whole or in part, is
subject to and contingent upon the continuing availability of Weld County funds for the
purposed hereof. In the event that said funds, or any part thereof, become unavailable as
determined by Human Services,Human Services may immediately terminate this Contract or
amend it accordingly.
2. Fees for Services
Human Services agrees to pay the Contractor according to the attached fee/rate schedule.
3. Submittal of Vouchers
The Contractor shall:
a. Itemize monthly, all information regarding services authorized and received for
service recipients according to the terms and conditions of Exhibit A and according
to the prescribed voucher form as described in Exhibit B.
b. Return the signed prescribed voucher form to Human Services for payment.
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Contract Number PY I I-CPS- 88
EXHIBIT C
ASSURANCES
1. The Contractor agrees it is an independent contractor and that its officers and employees do
not become employees of Weld County, nor are they entitled to any employee benefits as
Weld County employees, as the result of the execution of this Agreement.
2. Weld County, the Board of County Commissioners of Weld County, its officers and
employees, shall not be held liable for injuries or damages caused by any negligent acts or
omissions of Contractor or its employees, volunteers, or agents while performing duties as
described in this Agreement. Contractor shall indemnify, defend, and hold harmless Weld
County,the Board of County Commissioners of Weld County,its employees,volunteers,and
agents. The Contractor shall provide adequate liability and worker's compensation insurance
for all its employees, volunteers, and agents engaged in the performance of the Agreement.
Upon request,the Contractor shall provide Human Services with the acceptable evidence that
such coverage is in effect.
3. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the
parties or their officers or employees may possess nor shall any portion of this Agreement be
deemed to have created a duty of care with respect to any persons not a party to this
Agreement.
4. No portion of this Agreement shall be deemed to create an obligation on the part of the
County of Weld, State of Colorado, to expend funds not otherwise appropriated in each
succeeding year.
5. If any section,subsection,paragraph, sentence,clause,or phrase of this Agreement is for any
reason held or decided to be unconstitutional,such decision shall not affect the validity of the
remaining portions. The parties hereto declare that they would have entered into this
Agreement and each and every section, subsection,paragraph, sentence, clause, and phrase
thereof irrespective of the fact that any one or more sections, subsections, paragraphs,
sentences, clauses, or phrases might be declared to be unconstitutional or invalid.
6. No officer,member or employee of Weld County and no member of their governing bodies
shall have any pecuniary interest, direct or indirect, in the approved Agreement or the
proceeds thereof.
7. The Contractor assures that they will comply with the Title VI of the Civil Rights Act of
1986 and that no person shall,on the grounds of race,creed,color, sex,or national origin,be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under this approved Agreement.
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Contract Number PY11-CPS- 88
8. The Contractor assures that sufficient, auditable, and otherwise adequate records that will
provide accurate, current, separate, and complete disclosure of the status of the funds
received under the Agreement are maintained for three(3) years or the completion and
resolution of an audit. Such records shall be sufficient to allow authorized local, Federal,
and State auditors and representatives to audit and monitor the Contractor.
9. All such records, documents, communications, and other materials shall be the property
of Human Services and shall be maintained by the Contractor, in a central location and
custodian, in behalf of Human Services, for a period of three (3) years from the date of
final payment under this Contract, or for such further period as may be necessary to
resolve any matters which may be pending, or until an audit has been completed with the
following qualification: If an audit by or on behalf of the federal and/or state government
has begun but is not completed at the end of the three (3) year period, or if audit findings
have not been resolved after a three (3) year period, the materials shall be retained until
the resolution of the audit finding.
10. The Contractor assures that authorized local, federal and state auditors and representatives
shall,during business hours,have access to inspect any copy records,and shall be allowed to
monitor and review through on-site visits,all contract activities, supported with funds under
this Agreement to ensure compliance with the terms of this Agreement. Contracting parties
agree that monitoring and evaluation of the performance of the Agreement shall be
conducted by appropriate funding sources. The results of the monitoring and evaluation
activities shall be provided to the appropriate and interested parties.
11. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal
representatives, and assigns. The Contractor of Human Services may not assign any of its
rights or obligations hereunder without the prior written consent of both parties.
12. The Contractor certifies that Federal appropriated funds have not been paid or will be paid,
by or on behalf of the Contractor,to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or employee of
Congress,or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, loan,grant, or cooperative agreement.
13. The Contractor assures that it will fully comply with the Children's Code regulations
promulgated, and all other applicable federal and state laws, rules and regulations. The
Contractor understands that the source of funds to be used under this Agreement is: Human
Services Funds.
14. The Contractor assures and certifies that it and its principals:
a. Are not presently debarred, suspended,proposed for debarment,declared ineligible,
or voluntarily excluded from covered transactions by a federal department or agency.
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Contract Number PY11-CPS- 88
b. Have not,within a three-year period of preceding this Agreement,been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(federal, state, or local) transaction or contract under a public transaction;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
government entity (federal, state, or local) with commission of any of the offenses
enumerated in paragraph 11(b) of this certification; and
d. Have not within a three-year period preceding this Agreement, had one or more
public transactions (federal, state, and local) terminated for cause or default.
15. The Appearance of Conflict of Interest applies to the relationship of a contractor with Human
Services when the Contractor also maintains a relationship with a third party and the two
relationships are in opposition. In order to create the appearance of a conflict of interest,it is
not necessary for the contractor to gain from knowledge of these opposing interests. It is
only necessary that the contractor know that the two relationships are in opposition.
During the term of the Contract, the Contractor shall not enter into any third party
relationship that gives the appearance of creating a conflict of interest. Upon learning of an
existing appearance of a conflict of interest situation,the Contractor shall submit to Human
Services, a full disclosure statement setting forth the details that create the appearance of a
conflict of interest. Failure to promptly submit a disclosure statement required by this
paragraph shall constitute grounds for Human Services'termination,for cause,of its contract
with the Contractor.
16. Contractor shall protect the confidentiality of all applicant records and other materials that
are maintained in accordance with this Contract. Except for purposes directly connected to
the administration of the Child Protection, no information about or obtained from any
applicant/recipient in possession of Contractor shall be disclosed in a form identifiable with
the applicant/recipient or a minor's parent or guardian. Contractor shall have written policies
governing access to,duplication and dissemination of,all such information. Contractor shall
advise its employees, agents and subcontractors, if any, that they are subject to these
confidentiality requirements. Contractor shall provide its employees, agents, and
subcontractors, if any, with a copy or written explanation of these confidentiality
requirements before access to confidential data is permitted.
17. Proprietary information for the purposes of this contract is information relating to a party's
research, development, trade secrets, business affairs, internal operations and management
procedures and those of its customers, clients or affiliates,but does not include information
(1) lawfully obtained from third parties, (2) that which is in the public domain, or (3) that
which is developed independently.
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Contract Number PY l 1-CPS- 88
Neither party shall use or disclose directly or indirectly without prior written authorization
any proprietary information concerning the other party obtained as a result of this Contract.
Any proprietary information removed from the State's site by the Contractor in the course of
providing services under this Contract will be accorded at least the same precautions as are
employed by the Contractor for similar information in the course of its own business.
18. The Contractor certifies it will abide by Colorado Revised Statue(C.R.S.) 26-6-104,
requiring criminal background record checks for all employees, contractors, and sub-
contractors.
19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes
(C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an
illegal alien to perform work under this Contract or enter into a contract with a subcontractor
that fails to certify to Contractor that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this Contract. Contractor represents,
warrants,and agrees that it(a)has verified that it does not employ any illegal aliens,through
participation in the Basic Pilot Employment Verification Program administered by the Social
Security Administration and Department of Homeland Security, and (b) otherwise will
comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all
reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the
Colorado Department of Labor and Employment. If Contractor fails to comply with any
requirement of this provision or C.R.S. 8-17.5-101, et seq., Human Services may terminate
this Contract for breach and Contractor shall be liable for actual and consequential damages
to Human Services.
Except where exempted by federal law and except as provided in C.R.S. 24-76.5-103(3), if
Contractor receives federal or state funds under this Contract, Contractor must confirm that
any individual natural person eighteen (18) years of age or older is lawfully present in the
United States pursuant to C.R.S. 24-76.5-103(4)if such individual applies for public benefits
provided under this Contract. If Contractor operates as a sole proprietor,it hereby swears or
affirms under penalty of perjury that it (a) is a citizen of the United States or is otherwise
lawfully present in the United States pursuant to federal law, (b) shall produce one of the
forms of identification required by C.R.S. 24-76.5-101, et seq., and(c) shall produce one of
the forms of identification required by C.R.S. 24-76.5-103 prior to the effective date of this
Contract.
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