HomeMy WebLinkAbout20101663.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN -EATON
EARLY LEARNING CENTER
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an 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 Eaton Early Learning Center,
commencing January 1, 2009, and ending December 31, 2009, 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 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 Eaton Early Learning Center 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 26th day of July, A.D., 2010, nunc pro tunc January 1, 2009.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
ATTEST:
r -
Do •I adema her, C air
Weld County Clerk to th o.
1S6 I rO i3/432 11
`�� rbara Kirkmeye ,fro-Tem
BY:
Deputy Clerk to the Bo ••• uCT
Sean P. C
ApPRED A RM:
i ' Garcia
ounty Attorney
David E. Long
Date of signature: /�
L� • \A S 2010-1663
aG1_10 HR0081
a
DEPARTMENT OF SOCIAL SERVICES
P.O. BOX A
GREELEY, CO. 80632
Website: www.co.weld.co.us
Administration and Public Assistance(970)352-1551
Fax Number(970)353-5215
VIED
COLORADO
MEMORANDUM
Date: July 22, 2010
TO: Douglas Rademacher, Chair, Board of County Commissioners
n
FR: Judy A. Griego, Director, Human Services U`IJ rsAIO
RE: Colorado Works Agreements for Services w Various Providers
Enclosed for Board approval are Colorado Works Agreements for Services among various
providers with the Weld county Department of Human Services. These agreements were
presented at the Board's June 22, 2009, work session and the December 2008 work session.
No. Provider/Term Program Area/Funding Rates
1. LifeBridge Multi-Disciplinary Youth Assessment $50,753 for 46-hour FTE to
Christian Church Team and Lease Agreement serve a minimum of 100
eligible youth and families.
July 1,2009 TANF
through June 30,
2010
2. St. Vrain Valley Multi-Disciplinary Youth Assessment $40,483.90 for a 37-hour
School District _ Team and LeasQAgreement FTE to serve a minimum of
RE-1J 100 eligible youth and
TANF families.
July 1, 2009
through June 30,
2010
3. Eaton Early Therapeutic Pre-School Program for $9,600 for administration
Learning Center children aged 2 1/2 through five(5) funding to pay$2.50 per
years lunch
January 1, 2009
through JettrXIC TANF
2009 n`c ih
If you have any questions, please give me a call at extension 6510.
2010-1663
Contract No. FY09-CC-01
AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT
OF HUMAN SERVICES AND EATON EARLY LEARNING CENTER
This Agreement,made and entered into this day of January 2009,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 "Eaton Early Learning Center," 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, is providing
Child Care and Child Welfare resources for capacity building at a Therapeutic Pre-School to stabilize children
and to prevent or minimize the risk of them being:expelled from a child care provider or preschool,placed in
an out of home placement, or placed with another foster care provider; and
WHEREAS,Human Services desires to enter into an agreement with the Contractor to assist Human
Services in providing emergency services to eligible individuals.
NOW THEREFORE, in consideration of the premises, the parties hereto
covenant and agree as follows:
1. Terms
This Agreement shall become effective January 1, 2009, upon proper execution of this Agreement
and shall expire December 3 I,2009. The Contractor agrees that time is 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, 2009.
2. Scope of Services
Services shall be provided by the Contractor to any person(s)eligible for 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 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
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Contract No. FY09-CC-01
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.
3. 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.
4. 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.
5. 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.
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6. Compliance with Applicable Laws N
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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
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Contract No. FY09-CC-01
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 if 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.
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 for Civil Rights.
7. 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.
8. 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 tlite,,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 cirlerfere with
agreement work. N.)
9. Modification of Agreement
All modifications to this agreement shall be in writing and signed by both parties.
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Contract No. FY09-CC-0I
10. 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;
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.
11. 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:
John Kruse, A.P. Administrator Deena L. Stahley, President
Name Title Name Title
12. 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 Deena L. Stahley, President
P.O. Box A 25 South CottonWood Avenue
Greeley, CO 80631 Eaton, CO 80615
if)
13. Litigation N
U.)
The Contractor shall promptly notify Human Services in the event that
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Contract No. FY09-CC-0I
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.
14. 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.
15. 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.
ATTEST: ¶1' i)'
Weld County Clerk to the B''�d BOARD OF COUNTY COMMISSIONERS
�L861 �' " WELD COUNTY, COLORADO
S /
BY:
Deputy Clerk t.' e Board -'-� Douglas Radem cher, Chair
APPROVED AS TO FORM: JUL 2 6 2010
E ON EARLY L NING CENTER
ice aB rker, County Attorney C111/1
eena L. Stahley President
WELD COUNTY DEPART ENT I l l
OF HU AN SERVI ES
II Job J. ah , rer
Judy . Gri ego, Director c,1
YYY N
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Contract No. FY09-CC-01
EXHIBIT A
SCOPE OF SERVICES
1. General Scope of Services
Under the child care and child welfare program as administered by Human Services,the Contractor
agrees to participate by administering the Therapeutic Pre-school Program that includes providing
lunch to children who are eligible participants in the program. A Child Care Services Fiscal
Agreement has been completed detailing additional requirements for administering the Therapeutic
Pre-school Program.
The contractor agrees to work with providers and partners to assist in stabilizing eligible participants
and to transition participants back into a child care or preschool setting as identified by Human
Services which include,but are not limited to:
a. North Range Behavioral Health
b. North Colorado Medical Center Foundation
c. Child Care Providers
d. Foster Care Providers
e. Private Therapists
2. Eligible Participants
Children age two and a half(2 ''/2) through five(5) years of age that are at risk of:
a. expulsion from child care/preschool settings
b. out of home placement
c. changes in foster care providers
All eligible participants will be referred to the contractor by Human Services or designee(s).
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Contract No. FY09-CC-01
EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Human Services agrees to reimburse to the Contractor equally from child care and child welfare
administration funding,in consideration for the work and services performed,$2.50 per lunch for an
amount not to exceed Nine Thousand Six Hundred and Sixty Dollars ($9,660).
The last month of service prior to termination of all Child Care Services Fiscal Agreement that is for
the Therapeutic Pre-School Program will be reduced by$10,375 for reimbursement of start-up cost
that was previously identified in Contract Number FY-CC-01 dated from February 15,2008 through
December 31, 2008.
Expenses incurred by the Contractor, in association with said project prior to the term of this
Agreement, are not eligible 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.
The Contractor will maintain a list detailed list of supplies and equipment purchased by Human
Services.
Supplies are defined as disposable with limited per unit usage for the purpose of administering the
Therapeutic Pre-school Program.
Equipment is defined as materials that have a per unit cost of$1,000 or more and does not have a
limited per unit usage by nature for the purposes of administering the Therapeutic Pre-school
Program.
At the beginning of each agreement period,if not more frequent,Human Services and the Contractor
will inventory the list of equipment.
All salvageable equipment and unused supplies will be returned to Human Services at the jelmination
of this agreement.
2. Submittal of Invoices
Billings for payment shall be submitted to the Weld County Department of Human Services, P.O.
Box A, Greeley, Colorado 80632. When submitting billings for payment, the Contetor shall
itemize the name, amount of days and cost per child that is being billed.
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Contract No. FY09-CC-01
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
treated 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,subsections,paragraph,sentence,clause,or phrase of this Agreement is for any reason
held or decided to be unconstitutional, such decision shall not effect 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 excled from
participation in, be denied the benefits of, or be otherwise subjected to discrimination=under this
approved Agreement.
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 receive&under the
Agreement are maintained for three (3) years or the completion and resolution of an at1ait. Such
records shall be sufficient to allow authorized local,Federal,and State auditors and represlxrtatives to
audit and monitor the Contractor. ^�
9. All such records, documents, communications, and other materials shall be the property of Human
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Contract No. FY09-CC-01
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 General Assistance Program regulation
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: General Assistance 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 of agency.
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, s , or
local)transaction or contract under a public transaction;violation of federal or state aiZtrust
statutes or commission of embezzlement,theft,forgery,bribery,falsification or desttji tion
of records, making false statements, or receiving stolen property; —
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c. Are not presently indicted for or otherwise criminally or civilly charged by a govevnent
entity (federal, state, or local) with commission of any of the offenses enumerated in
paragraph I I(b) of this certification; and
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Contract No. FY09-CC-01
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 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 the
administration of the General Assistance Program, 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.
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( 1, .S.)8-
17.5-101,et seq. Contractor shall not knowingly employ or contract with an illegal alien taperform
work under this Contract or enter into a contract with a subcontractor that fails to i rtify to
Contractor that the subcontractor shall not knowingly employ or contract with an illega Alien to
perform work under this Contract. Contractor represents,warrants,and agrees that it(a)hasverified
that it does not employ any illegal aliens, through participation in the Basic Pilot Emmoyment
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• Contract No. FY09-CC-01
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 the
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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