HomeMy WebLinkAbout20080300.tiff RESOLUTION
RE: APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE
CHAIR TO SIGN - MICHAEL ROSE, M.ED., L.P.C.
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 Michael
Rose, M.Ed., L.P.C., commencing January 1, 2008, and ending May 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 Michael
Rose, M.Ed., L.P.C. 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 28th day of January, A.D., 2008, nunc pro tunc January 1, 2008.
BOARD OF COUNTY COMMISSIONERS
Gr l �� ,4 , 9 WELD COUNTY, COLORADO
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ATTEST: a , ' /
tr1/49 yVi ' m H. Jerke, Chair
Weld County Clerk loth $oa Ft-�,o (� �p(�
^, . nn , Lcsij � RobertD.- jn� , ProTem
BY: y�, I he B C l9/
De y Cle to the Bo rd
Willi` . Garcia
O RM: a .1 J
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( David E. Long
-f,ounty Attorney
Douglas ademachei
Date of signature: t(b I log
2008-0300
/� SS0035
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tit DEPARTMENT OF SOCIAL SERVICES
P.O. BOX A
I GREELEY, CO. 80632
Website: www.co.weld.co.us
Administration and Public Assistance(970)352-1551
OFax Number(970)353-5215
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COLORADO
MEMORANDUM
TO: William H. Jerke, Chair Date: January 22, 2008
Board of County Commissioners r�
FR: Judy A. Griego, Director, Social Service �(1
RE: Child Protection Agreement for Services b een the Weld County
Department of Social Services and Michael Rose, M.Ed., L.P.C.
Enclosed for Board approval is a Child Protection Agreement for Services between the Weld
County Department of Social Services(Department)and Michael Rose, M.Ed. L.P.C. This
Agreement was reviewed at the Board's Work Session held on January 21, 2008.
The major provisions of the Agreement are as follows:
1. The term of the contract is January 1, 2008 through May 31, 2008.
2. The source of funding is Core Services funding.
3. Michael Rose will provide individual and family treatment and evaluation services for
intellectually disabled adults, children and adolescents who have engaged in sexually
abusive or sex offending behaviors.
4. The Department will reimburse Michael Rose a maximum reimbursement of$10,000
according to a rate structure provided in the Agreement. n
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If you have any questions, please telephone me at extension 6510. wp
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P108-CORE-110 (-
CHILD PROTECTION AGREEMENT FOR StA�'t���
BETWEEN THE WELD COUNTY DEPARTMENT OF (� C AND MICHAEL ROSE,M.ED.,LPC to: 57
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This Agreement,made and entered into the/ day of Ta N o<P 2008,by and between the Board of
Weld County Commissioners,sitting as the Board of Social Services,on if of the Weld County Department of
Social Services,hereinafter referred to as"Social Services,"and Michael Rose,M.Ed.,LPC,hereinafter referred to
as"Contractor".
WITNESSETH
WHEREAS,required approval,clearance,and coordination have been accomplished from and with
appropriate agencies;and
WHEREAS,the Colorado Department of Human Services has provided Core Services funding to Social
Services for offense-specific services for developmentally delayed youth;and
NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows:
1. Term
This Agreement shall become effective on January 1,2008,upon proper execution of this Agreement and
shall expire May 31,2008,unless sooner terminated as provided herein.
2. Scope of Services
Services shall be provided by CONTRACTOR to any person(s)eligible for child protection services in
compliance with Exhibit A"Scope of Services,"a copy of which is attached by reference.
3. Payment
a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"of which are attached
hereto and incorporated herein by reference.
"Payment Schedule"shall establish the maximum reimbursement,which will be paid from
Core Services funding during the duration of this Agreement.
b. CONTRACTOR shall submit an itemized monthly bill to Social Services for all costs incurred
and services provided pursuant to Exhibit A of this Agreement in accordance with criteria
established by Social Services. CONTRACTOR shall submit all itemized monthly billings to
Social Services no later than the twenty-fifth(25)day of the month following the month the cost
was incurred.
c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the
availability of Core Services to Social Services.
d. 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.
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4. Financial Management
At all times from the effective date of this Contract until completion of this Contract,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 Core Service funding must conform to the Single Audit Act of 1984 and OMB Circular A-
133.
5. Payment Method
Unless otherwise provided in the Scope of Services and Payment Schedule:
a CONTRACTOR shall provide proper monthly invoices and itemization of services performed for
costs incurred in the performance of the agreement.
b. Social Services may withhold any payment if CONTRACTOR has failed to comply with the
Financial Management Requirements,program objectives,contractual terms,or reporting
requirements. In the event of a forfeiture of reimbursements,CONTRACTOR may appeal such
circumstance to the Director of Social Services. The decision of the Director of Social Services
shall be final.
6. Assurances
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,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 the Contract. 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.sett.:and
Section 504 of the Rehabilitation Act of 1973,29 U.S.C.Section 794,and
its implementing regulations,45 C.F.R.Part 84;and
the Age Discrimination Act of 1975,42 U.S.C.Sections 6101 et.seq.and
its implementation regulations,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;
42 C.F.R.Part 2
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. If necessary,CONTRACTOR and Social Services will resist in judicial proceedings any
efforts to obtain access to client records except as permitted by 42 CFR Part 2.
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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.
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.
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
CONTRACTOR and Social Services agree that monitoring and evaluation of the performance of this
Agreement shall be conducted by CONTRACTOR and Social Services. The results of the monitoring and
evaluation shall be provided to the Board of Weld County Commissioners and CONTRACTOR.
CONTRACTOR shall permit Social Services,and any other duly authorized agent or governmental
agency,to monitor all activities conducted by 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 Social Services or designee may exercise the following remedial actions should s/he find
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
CONTRACTOR. These remedial actions are as follows:
a. Withhold payment to 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 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;
c. Incorrect payment to 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 CONTRACTOR,or by Social Services as a debt due to
Social Services or otherwise as provided by law.
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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:
Gloria Romansik Social Services Administrator
Name Title
For CONTRACTOR:
Michael Rose.M.Ed.,LPG Owner
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: CONTRACTOR
Judy A.Griego,Director Michael Rose.M.Ed.,LPC
P.O.Box A 1660 South Albion Street.Suite 309
Greeley,CO 80632 Denver,CO 80222
(970)352-1551 303-917-9748
14. Litigation
CONTRACTOR shall promptly notify Social Services in the event that CONTRACTOR learns of any
actual litigation in which it is a party defendant in a case that involves services provided under this
Agreement.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 f indiing. CONTRACTOR reserves the right to suspend services to clients if
funding is no longer available.
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 10 herein.
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IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first
above written
Al MST:
WELD COUNTY '�.• '' 'L COUNTY
CLERK TO THE : a' "`}b� • •, NERS WELD
t tS5t♦ R�... ` LORADO
By: .lh4a a� l 7 A�'�.. � /-
Clerk illiam H.Jerke,Chair
APP: e ' r S TO_F V RACTOR: JA-9 8 2008
�� BY /' 'j " c`e'ce-
ty Michael Rose,M.Ed.,LPC
WELD COUNTY DEPARTMENT GGG
OF SOCIAL ERVICES
By:
.Gneg
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PY0B-CORE-110
EXHIBIT A
SCOPE OF SERVICES
Contractor will provide:
I. Individual and family treatment and evaluation services to mainstream and intellectually disabled
adults,children,and adolescents who have engaged in sexually abusive or sex offending behaviors.
2. Treatment and evaluation for sexual abusers who also have co-existing mental illness and are
intellectually disabled or who have mainstream intellectual development.
3. Treatment that emphasizes the following:
a. Helping the family to understand and manage their child's/adult's behavior problems.
b. Assisting the individual to develop developmentally-appropriate,contextually useful relapse
prevention skills and anger management skills.
c. Ongoing review and monitoring of the individual's mental health and developmental issues.
4. Services include:
a. Intake
b. Individual Therapy
c. Family Therapy
d. Informed Supervision Training
e. Offense-specific Evaluation
f. Abel Assessment
g. Mental Health Assessment
h. Staffing/Meeting Participation
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EXHIBIT B
PAYMENT SCHEDULE
Funding and Method of Payment
Social Services agrees to reimburse CONTRACTOR in consideration for the work and services performed
from Core Services funding up to a maximum reimbursement of$10,000.00 for the term of the contract.
Expenses incurred by 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 Core Service funds,whether in whole or in part,is subject to and
contingent upon the continuing availability of Core Service funds for the purposes 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
Intake-$80.00/hour
Individual Therapy-$80.00/hour
Family Therapy-$80.00/hour
Informed Supervision Training-$80.00/hour
Offense-specific Evaluation-$900.00/evaluation
Abel Assessment-$250.00/assessment
Mental Health Assessment-$400.00/assessment
Staffing/Meeting Participation-$80.00/hour
Social Services referrals will not be sent to collections by Contractor for default of co-pay/fess. Services
will be performed regardless of client's refusal or inability to pay co-pay.
Contractor will collect any applicable sliding scale co-pays and credit Social Services for any payments
received on the monthly billing statements.
3. Submittal of Vouchers
CONTRACTOR shall prepare and submit monthly the itemized voucher and certify that the services
authorized were provided on the date indicated and the charges made were pursuant to the terms and
conditions of Exhibit A.
a. All billings are to be submitted by the 10the day of the month following the
month of service. If the billing is not submitted within twenty-five(25)
calendar days of the month following service,it may result in forfeiture of
payment.
b. Billings must be submitted with the attached required forms,Authorization for
Contractual Services,Request for Reimbursement and Client Verification Form. The
forms must be submitted with original signatures.
c. For monitored sobriety,proof of services rendered shall be a sign-in sheet with client
signatures or the test result.
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EXHIBIT C
ASSURANCES
CONTRACTOR agrees it is an indel,o„d&.nt 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 Social
Services 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 treated 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,subsections,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 shall be the property of Social Services
and shall be maintained by CONTRACTOR,in a central location and custodian,in behalf of Social
Services,for a period of four(4)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 four(4)year period,or if audit findings have
not been resolved after a four(4)year 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
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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 Social Services 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 Core Services
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 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;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 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,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 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 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
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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.
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.8-173-102 by the Colorado Department of Labor and
Employment.If Contractor fails to comply with any requirement of this provision or C.R.S.8-173-101,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, Contrwtut 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. 24-763-101,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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