HomeMy WebLinkAbout20080130.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 Social Services, and Child
Advocacy Resource and Education, Inc., commencing January 1, 2008 and ending December 31,
2008, 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, ex-officio Board of Social Services, 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 Social 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 7th day of January, A.D., 2008, nunc pro tunc January 1, 2008.
BOARD OF COUNTY COMMISSIONERS
/ WELD COUNTY, COLORADO
ATTEST: ,,/ / /) /1,, �./ 4 jE l ` '� �...
,rws,4..7 r` el H. Jerke, Chair
IS
Weld County Clerk to the Boar
1861 P
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R4", t D. yen, Pro-Tem
BY: el li fl
Depuerk to the Board ' ,
F. Garcia
APP D AS TO:FORM: ,A / J CL,"
;,' David E. Long
ttorney p I
ougla a emacher
Date of signature: I'021/"a0
2008-0130
SS0035
6
DEPARTMENT OF SOCIAL SERVICES
P.O. BOX A
GREELEY, CO. 80632
IDWebsite: www.co.weld.co.us
Administration and Public Assistance(970)352-1551
Child Support(970)352-6933
OFax(970)346-7663
• MEMORANDUM
COLORADO
TO: William H. Jerke, Chair Date: January 2, 2008
Board of County Commissioners ,)
FR: Judy A. Griego, Director, Social Services _ ap
g J k
RE: Child Protection Agreement for Services be een the Weld
County Department of Social 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 Social Services (Department) and Child Advocacy Resource and
Education, Inc. (c.a.r.e). This Agreement was reviewed at the Board's work session of December
17, 2007.
The major provisions of the Agreement are as follows:
1. The term of the Agreement is Calendar Year 2008.
2. c.a.r.e will provide services as follows:
A. Parent Education Classes-$16,533. Comprehensive parenting classes and workshops
for parents who receive instruction and support in abuse prevention strategies, nurturing
parenting techniques,non-physical discipline, anger management for parents, stress
management and child development. 450 hours of parent instruction in a variety of class
or workshop settings serving up to 800 individuals.
B. Children's Programs-$13,815. A program in conjunction with Parent Education
Classes. 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 trained staff and volunteers. 250 children in 400 hours of group instruction would
be served.
C. Prevention Program -$9,000. The"SafeTouch" Program provides skills training to
children and youth in Weld County, with the focus on information on child abuse issues
and personal safety. 9,000 children and youth would be served.
D. Community Education-$10,146. Awareness training for the general public on issues
of abuse and neglect through in-service training for community organizations, including
schools, childcare providers and other appropriate entities as to the reporting protocol and
laws surrounding child abuse and neglect and prevention/intervention strategies. 4,500
individuals would be reached through community education activities.
4. The Department will reimburse c.a.r.e an amount not to exceed $49,494. The source of
funding is Child Welfare Administration.
If you have any questions, please telephone me at extension 6510.
2008-0130
Contract Number PY08-CPS- 88
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT
OF SOCIAL 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)
by t
This Agreement,made and entered into the l"
day ofDesember 2001,by and between the Board of County
Commissioners, on behalf of the Weld County Department of Social Services, hereinafter referred to as "Social
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 Social
Services fund resources for community education to Weld County residents as identified by Social Services; and
WHEREAS,Social Services desires to enter into an agreement with the Contractor to assist Social Services in
providing community education on child abuse and neglect,parent education,and children's family education classes;and
WHEREAS, Social 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 I,2008,upon proper execution of this Agreement and shall
expire December 31,2008. 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 31,2008.
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Contract Number PY08-CPS- 88
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 Social Services for all costs incurred
pursuant to Exhibit A of this Agreement in accordance with criteria established by Social Services.
The Contractor shall submit all itemized monthly billings to the Social 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 Social 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 Social Services.
e. Social 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 PY08-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. Social 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 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.
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Contract Number PY08-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 Social Services or with the U.S.Department of Health and Human Services,Office for
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 Social Services agree that monitoring and evaluation of the performance of this Agreement
shall be conducted by the Contractor and Social Services.
The results of the monitoring and evaluation shall be provided to the Board of Weld County Commissioners.
The Contractor shall permit Social 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.
II. Remedies
The Director of Social 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 Social Services. Denial of the amount of payment shall be
reasonably related to the amount of work or deliverables lost to Social Services;
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Contract Number PY08-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 Social Services and the Contractor,or by social Services as a debt due to Social
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 Social Services: For the Contractor:
Gloria Romansik, SS Mgr 4 Gwen Schooley, 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: Social Services To:
Judy A. Griego, Director Gwen Schooley, Exec. Director
P.O. Box A 3700 Golden St.
Greeley,CO 80632 Evans, CO 80620
14. Litigation
The Contractor shall promptly notify Social 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 Social 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 PYOBCPS-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
4 4 A / WELD COUNTY COLORADO
ATTEST: /' � �
{1b' 6,�' '� c.) \ •t I k/2----/Weld County Clerk to the Board f °6i �, '�: ,� ,�r_14•11ham H. Jerke, Chair
BY: _,:i(175 re-499i es\� ti A./� -.47 JAN 0 7 2008
ATTESTING TO BOARD OF COUNT """.±
MMISSION ° NA CURES ONLY
APPR AS TO F
CONTRACTOR
Br a Barker, County Attorney
By:
K' Larson, Board President
WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES G en Schooley, Director
By:
J d A. Grie , Directo
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- 0436
Contract Number PY08-CPS- 88
EXHIBIT A
SCOPE OF SERVICES
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. Classes are offered both in English and Spanish. Our
classes utilize a variety of curriculums, including The Nurturing Program, Strengthening Latino
Families, 123 Magic, Parenting Your Teen and weekly Parent's Anonymous®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 and Parent's Anonymous groups are always free. Projected
goals for 2008 (from Weld County funding)includes 450 hours of parent instruction in a variety of
class or workshop settings serving up to 800 individuals.
B. Community Education: c.a.r.e. provides awareness training for the general public on issues of
abuse and neglect. We will provide in-service training for community organizations, including
schools, childcare providers and other appropriate entities as to the reporting protocol and laws
surrounding child abuse and neglect and prevention/intervention strategies,as designed and
appointed through the Weld County Child Abuse Coalition's Protocol Committee. c.a.r.e. will
continue as a resource for individuals needing parenting support and abuse prevention information
in print material,telephone contact,the c.a.r.e. website and direct contact. Through the
Community Education Program,we anticipate contact with up to 4,500 individuals in the year
2008.
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 2008 include up to
250 children in 400 hours of group and instruction.
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. We have secured additional funding through United Way of Weld County,the
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Contract Number PY08-CPS- 88
Exchange Club of Greeley and VALE,among others. We are submitting requests to the Temple Boyne
Buell Foundation,Platte Valley Medical Center's Community Health Investment Program and the AV
Hunter Trust. Programs are also supported in part by agency fund-raising efforts,client fees, contributions
and other program fees when applicable. We will continue to seek other sources of additonal funding
through foundations, donors and others.
3. Anticipated 2008 Benefits: c.a.r.e. will continue to provide abuse prevention and intervention programs to
the community to support our mission of strengthening and preserving families in Weld County 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 enhanced communication among professionals about child
abuse reporting protocols, 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 in the southern
areas of 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 Parental Scores on a pre and post assessment of parenting knowledge.
3) Parent report of less barriers to attending a parenting class when childcare is provided on site.
B. Community Education Evaluation
1) Report of the numbers of individuals receiving abuse prevention materials,presentations and
parenting information.
2) The number of professionals receiving mandated reporter training.
C. Children's Program Evaluation
1) Child's comfort in the program is observed by staff and volunteers.
2) Parental satisfaction survey of decreased barriers to attending a class.
D. Safe Touch Program Evaluation
1) Children at randomly selected school are given a questionnaire two weeks after they viewed the
Safe Touch Program. We are looking at percentages of children in kindergarten through Fifth
Grade that got the answers correct.
Information regarding program effectiveness can be requested at the end of the program year for any
program.
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Contract Number PY08-CPS- 88
5. Request Priorization: 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. Number of persons served in c.a.r.e. Programs-(This reflects total program budget numbers,not
just Weld County funded portion.)
Child Advocacy Resource and Education,Inc.
Weld County Proposal 2008 ($49,494)
Parent Children's Prevention Community
Education Program Program Education
2007 Project 450 class hours 400 9,000 children and 4,500
Units Class hours youth individuals
Total Program 68,365 53,355 50,930 29,260
Cost
Cost per unit 151.93 133.39 5.66 6.51
Weld County 16,533 13,815 9,000 10,146
Allocation
Weld County 36.79 34.54 1.00 2.26
Cost Per unit
7. 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.
8. Eligible Client Cases
Social Services shall be responsible for selecting cases to be reviewed and staffed by the Contractor.
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Contract Number PY08-CPS- 88
9. 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:
I. Monthly report submitted to Weld County Department of Social 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 PY08-CPS- 88
EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Social Services agrees to reimburse to the Contractor,in consideration for the work and services performed,a
total amount not to exceed Forty-nine Thousand Four Hundred and Ninety Four Dollars($49,494.00)and as
follows:
a. Parent Education Program $ 16,533.00
b. Children's Programs 13,815.00
c. Prevention 9,000.00
d. Community Education Program 10,146.00.
Expenses incurred by the Contractor,in association with said project prior to the term of this Agreement,are not
eligible Social Services expenditures and shall not be reimbursed by Social 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 Social Services, Social Services may
immediately terminate this Contract or amend it accordingly.
2. Fees for Services
Social 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 Social Services for payment.
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Contract Number PY08-CPS- 88
EXHIBIT C
ASSURANCES
I. 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 Social 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 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.
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 Social Services
and shall be maintained by the Contractor, in a central location and custodian, in behalf of Social Services,
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Contract Number PY08-CPS- 88
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 Social 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: Social 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 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,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
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Contract Number PY08-CPS- 88
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 Social 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 Social 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 Social 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 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(I)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(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
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Contract Number PY08-CPS- 88
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., Social Services may
terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Social
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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