HomeMy WebLinkAbout20082527.tiff RESOLUTION
RE: APPROVE COLORADO WORKS PROGRAM AGREEMENT AND AUTHORIZE CHAIR
TO SIGN - RIGHT TO READ OF WELD COUNTY, 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 Colorado Works Program Agreement
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 Right to
Read of Weld County, Inc., commencing July 1, 2008, and ending June 30, 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 Colorado Works Program Agreement 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 Right to Read of Weld County, 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 22nd day of September, A.D., 2008, nunc pro tunc July 1, 2008.
BOARD OF COUNTY COMMISSIONERS
14}4n � �'�'} , LD COUNTY, COLORADO
#s a SED
ATTEST:
m H. Jerke, Chair
Wel ounty Clerk to the Board \U
Robert e , r Tem
BY: teY
De u Cler o the Board
Willis . Garcia
APP V AST
David E. Long
ounty Attorney
ougl s Rademac er
Date of signature: leak
2008-2527
HR0079
MEMORANDUM
a
f t
V�`pDATE: September 15, 2008
'� TO: William H. Jerke, Chair, Board of County Commissioners
O FROM: Judy A. Griego, Director, Human Services Department
C.
COLORADO
n-
RE: Colorado Works\ rogr Agreem nt ben the Weld
County Department of Human Services and Right to Read,
Inc.
Enclosed for Board approval is a Colorado Works Program Agreement between the Weld
County Department of Human Services and Right to Read,Inc. This Agreement was presented
at the August 18, 2008, Board Work Session.
The major provisions of this Agreement are:
1. Right to Read will provide literacy and English-proficiency services to TANF-eligible
clients. Right to Read will provide outcomes and evidence-based reports to the Weld
County Department of Human Services.
2. The total amount of the Agreement is for a maximum reimbursement of $50,000.00.
Funding for this Agreement is from TANF and subject to availability.
3. The term of this Agreement is from July 1, 2008 through June 30, 2009.
If you have questions please give me a call at extension 6510.
Com.C W P.RighttoRead091508
2008-2527
Contract No. PY08/09-CWP-RR0I
COLORADO WORKS PROGRAM AGREEMENT BETWEEN WELD COUNTY
DEPARTMENT OF HUMAN SERVICES AND RIGHT TO READ OF WELD COUNTY,INC.
THIS AGREEMENT is made and entered into this4'a day of&pbmbef2008, by and between
the Board of County Commissioners of the County of Weld, State of Colo ado, sitting on behalf of the
Weld County Department of Human Services, hereinafter referred to as"Human Services", and Right to
Read of Weld County, Inc., hereinafter referred to as "Right to Read."
WITNESSETH:
WHEREAS, Human Services has as its goal to promote self-sufficiency and strengthening of
families; and
WHEREAS, Human Services wishes to develop strategies within the community that are
evidenced-based and promising practices that are outcome based; and
WHEREAS, under the Personal Responsibility and Work Opportunity Reconciliation Act,the
Temporary Assistance for Needy Families(TANF), which is the Colorado Works Program, encourages
self-sufficiency and pathways out of poverty for families; and
WHEREAS, Right to Read has the expertise and ability through its evidence-based literacy and
English-acquisition programs to enable low-income heads of households toward self-sufficiency; and
WHEREAS, Right to Read conducted a survey using eligibility and qualifying TANF criteria of
33 of its students in July 2008, and reported its results to Human Services on July 31, 2008,that:
Number and Types of Households Percentage
27— Have children younger than 18 82%
33— Have household incomes less than 100%
$75,000 per year
24—Are Legal Residents of the United 73%
States, of which 21 have children under
18 or 64%
WHEREAS, Right to Read assures Human Services that the survey results represent a fair and
accurate cross-section of Right to Read's student demographic of approximately 400 students throughout
the year.
WHEREAS, Human Services and Right to Read wish to enter into a collaborative partnership
that will enable low-come heads of households to take positive literacy and English-proficiency advances
that will lead such families out of poverty.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,
the parties hereto agree as follows:
1. TERM: The term of this Agreement shall be from July 1, 2008 through June 30, 2009.
Page 1 of 7
Contract No. PY08/09-CWP-RRO1
2. SERVICES PROVIDED BY RIGHT TO READ:
A. Right to Read agrees to provide literacy and English-proficiency services to
TANF-eligible clients,whose presence in Right to Read's programs is 64%. as
identified and reported in their survey of July 31, 2008.
B. Right to Read agrees to provide outcome and evidence-based reports to Human
Services of students' progress in terms of literacy and English-proficiency, a
minimum, on a quarterly basis and at the projects end of August 31, 2009.
3. COMPENSATION: Human Services agrees to reimburse monthly at a service rate of up
to $ 4,166, to Right to Read for educational services pursuant to this Agreement and at a
maximum reimbursement level of$ 50,000,as adjusted to Right to Read's total costs of
providing instruction to students for such month that is equal to or above the 64%
approved rate for TANF-eligible clients, which is estimated to be 256 students out of 400
student base. If a partial month is requested for reimbursement, a pro rate share will be
calculated using the number of instruction days performed by Right to Read.
A. Right to Read shall submit an itemized monthly bill according to proper invoices
to Human Services that provide for monthly approved rate including its portion
of Right to Read's total cost in providing instruction. Right to Read shall submit
all itemized monthly billings to Human Services no later than the twenty-fifth
(25)day of the month following the month the cost was incurred.
B. Payments of costs incurred pursuant to this Agreement are expressly contingent
upon the availability of the Colorado Works or Temporary Assistance for Needy
Families(TANF) funds.
C. Human Services shall not be billed for, and reimbursement shall not be made for
time involved in activities outside of those defined in this Agreement. Work
performed prior to the execution of this Contract shall not be reimbursed or
considered part of this Agreement.
D. Human Services may withhold any payment if Right to Read has failed to
comply with the Financial Management Requirements, Project objectives,
contractual terms, or reporting requirements. In the event of a forfeiture of
reimbursements, Right to Read may appeal such circumstance to the Director of
Human Services. The decision of the Director of Human Services shall be final.
F. The parties agree that the service rate as contemplated herein shall constitute the
entire amount of compensation due to the Consultant for any work performed
hereunder.
A
4. ASSURANCES: Right to Read shall abide by the Assurances, as attached as Exhibit
5. TERMINATION: Either party may terminate this Agreement at any time by providing
Page 2 of 3
Contract No. PY08/09-CWP-RROI
the other party with a 10-day written notice thereof. Furthermore,this Agreement may be
terminated at any time without notice upon a material breach of the terms of the
Agreement.
6. TIME OF THE ESSENCE: Time is of the essence in each and all of the provisions of
this Agreement.
7. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement including Exhibit A
constitute the entire understanding between the parties with respect to the promises and
covenants made therein. No modification of the terms of this Agreement shall be valid
unless made in writing and agreed to by both parties.
8. NON-APPROPRIATION: No portion of this Agreement shall be deemed to create an
obligation on the part of Human Services to expend funds not otherwise appropriated in
each succeeding year.
9. WAIVER OF IMMUNITIES/THIRD PARTY LIABILITY: No portion of this
Agreement shall be deemed to constitute a waiver of any immunities of Human Services
or its 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 other than Human
Services and not a party to this Agreement.
IN WITNESS WHEREOF, the p hereto-have signed the date and year set forth above.
M1 • I
ATTEST: d" , s, B-O OF COUNTY COMMISSIONERS
CLERK TO THE BOARD 1361 ' Of ELD COUNTY, COLORADO, SITTING
COUNTY COMMISSIONE `ay
„, EHALF OF THE WELD COUNTY
�,,,,�. p A TMENT OF HUMAN SERVICES
BY:Z� BY:B -ta
-_
Deputy Clerk tot e Board Robert D. Masden, Chair Pro-Tern
APPROVED BY: 09/22/2008
WELD COUNTY DEPARTMENT OF RIGHT TO READ OF WELD COUNTY, INC.
HUMAN SERV CES -•
r Ye7
Jud . Grie , Directo Cathy Sandoval, Executive Director
Page 3 of 3
ar9DOcP--O75Q'
EXHIBIT A
ASSURANCES
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-contracted 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. 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, CONTRACTOR shall provide the Department with the acceptable
evidence that such coverage is in effect.
3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or
their officers or employees may possess,not shall any portion of this Agreement be deemed to
have created a duty of care with respect to any persons not a party of this Agreement.
4. No portion of this Contract 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 Contract 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 Contract 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. 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 Contract.
8. 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 Contract 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 CONTRACTOR.
9. All such records, documents, communications, and other materials created pursuant or related to
this contract shall be maintained by CONTRACTOR, in a central location and shall be made
available to Social Services upon its request, for a period of seven(7)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 qualifications: 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 seven(7)year period,or if audit findings have not been resolved after a seven(7)
period,the materials shall be retained until the resolution of the audit finding.
10. 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 Contract 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 Contract shall be binding upon the parties hereto, their successors, heirs, legal
representatives, and assigns. CONTRACTOR or the Department may not assign any of its rights
or obligations hereunder without the prior written consent of both parties.
12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or
on behalf of 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. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws.
CONTRACTOR understands that the source of funds to be used under this Contract is
Select Funding Source funds.
14. 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 transaction by a federal department of agency.
b. Have not,within a three-year period 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; violation of federal or state
antitrust statutes or commission of embezzlement,theft, forgery,bribery, falsification or
destruction of records,making false statements, or receiving stolen property;
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 Contract,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 the
Department 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, 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,CONTRACTOR shall submit to the Department,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 the Department's
termination, for cause,of its contract with 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 with the
administration of 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 unless in accordance with CONTRACTOR
written policies governing access to,duplication and dissemination of,all such information.
CONTRACTOR shall advise its employees, agents,and subcontractor, 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. CONTRACTOR shall have its employees, agents,
and subcontractors, if any, sign a written confidentiality agreement and shall provide a copy of
such agreement to the Department, if requested.
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 CONTRACTOR in
the course of providing services under this Contract will be accorded at least the same precautions
as are employed by CONTRACTOR for similar information in the course of its own business.
18. 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.,the
Department may terminate this Contract for breach and Contractor shall be liable for actual and
consequential damages to the Department.
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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