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Home My WebLink About20070520.tiff RESOLUTION RE: APPROVE COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES AND AUTHORIZECHAIRTO SIGN-THE COMMUNITY FOUNDATIONSERVING GREELEY AND WELD COUNTY 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 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 The Community Foundation Serving Greeley and Weld County, on behalf of Leanna's Closet, commencing January 1, 2007, and ending December 31, 2007,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 Colorado Works Program 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 The Community Foundation Serving Greeley and Weld County,on behalf of Leanna's Closet, 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 February, A.D., 2007, nunc pro tunc January 1, 2007. BOARD OF COUNTY COMMISSIONERS WEL,NTY, CO .O O ATTEST: J a_ ciA r:1 David E. Long, Chair Weld County Clerk tot I a`rd -- F ,/. Willis H, erk , P o-Tem BY: Deputy erk to the B (‘a / Wim F. Garcia APPR S T R . EXCUSED Robert D. Masd�� my ttorney 5—.-07 ougl ademacher Date of signature: 2007-0520 SS0034 00 SS 03--07 -177 (it a DEPARTMENT OF SOCIAL SERVICES P.O. BOX A ip GREELEY, CO. 80632 WI Website:www.co.weld.co.us Administration and Public Assistance(970)352-1551 OFax Number(970)353-5215 • COLORADO MEMORANDUM TO: David E. Long, Chair Date: February 16, 2007 Board of County Commissioners FR: Judy A. Griego, Director, Social Services ./ e RE: Colorado Works Program Agreement for rvices Between The Community Foundation Serving Greeley and Weld County and Weld County Department of Social Services Enclosed for Board approval is a Colorado Works Program Agreement for Services between The Community Foundation Serving Greeley and Weld County(Community Foundation)and Weld County Department of Social Services(Department). This Agreement was reviewed at the Board's Work Session of January 8, 2007. The major provisions of the Agreement are as follows: 1. The term of the Agreement is Calendar Year 2007. 2. The source of funding is Colorado Works or Temporary Assistance for Needy Families (TANF). 3. The Community Foundation,through Leanna's Closet, will provide job interview and employment clothing for eligible Colorado Works clients. 4. The Department agrees to reimburse the The Community Foundation a maximum of $1,500 for services as follows: A. $5.00 for one outfit for a job interview. B. $10.00 for two outfits, suitable for a job,to begin employment. C. $5.00 for one outfit at the successful retention of continuous employment on the job for three months. If you have any questions, please contact me. 2007-0520 Contract No: FY07-TANF-0021 COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND THE COMMUNITY FOUNDATION SERVING GREELEY AND WELD COUNTY • This Agreement,made and entered into the lig day ofianuary 2007,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 The Community Foundation Serving Greeley and Weld County on behalf of"Leanne's Closet," hereinafter referred to asthe "Contractor." WITNESSETH WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS,The County of Weld,has provided Colorado Works resources for emergency clothing needs to needy 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 emergency services to eligible individuals. NOW THEREFORE,in consideration of premises,the parties hereto covenant and agree as follows: L Terms This Agreement shall become effective January 1,2007,upon proper execution ofthis Agreement and shall expire December31, 2007. 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, 2007. 2. Scope of Services Services shall be provided by the Contractor to any person(s)eligible for General Assistance services in compliance with Exhibit A "Scope of Services," a copy of which is attached hereto and incorporated herein by reference. • 3. Payment Schedule JAN s Z°11 a. Payment shall be made on the basis of Exhibit B, "Payment Schedule," a copy of which is attached hereto and incorporated herein 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 ofthis agreement shall result in the Contractor's forfeiture of all rightsto be reimbursed for such expenses. Page 1 of 5 .,7CC '7-C-56171 Contract No: FY07-TANF-0021 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. Payment Method Unless otherwise provided in the Scope of Services and Payment Schedule: a. The Contractor shall provide proper monthly invoices and verificationof 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. 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. 6. 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, tapestnd 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 200041 et. seq. and its implementing regulation, 45 C.F.R. Part 80et. seq.; and - Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its implementing regulation, 45 C.F.R. Pat 84; and -the Age Discrimination Act of 1975, 42 U.S.C. Sections 6101et. 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. 99603; 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 Page 2 of 5 Contract No: FY07-TANF-0021 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 Social 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 I icenses,approvals,insurance,etc.required to properly provide the services and/or supplies covered by this contract. 8. Modification of Agreement All modifications to this agreement shall be in writing and signed by both parties. 9. 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 action 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 whichdue 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; 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. JAN 2 12007 Page 3 of 5 Contract No: FY07-TANF-0021 10. Representatives For the purpose of this Agreement, the individuals' identified below are hereby designated representatives of the respective parties. Either paty may from time to time designate in writing a new or substitute representative(s): For Social Services: For the Contractor: John Kruse, A.P. Manager Jeannine Shadwick, Coordinator Name Title Name Title II. 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 substittte person(s) or address to whom such notices shall be sent: To: Social Services To: Contractor Judy A. Griego, Director Judy Knapp, President P.O. Box A 801 8th Street, Suite 230 Greeley, CO 80632 Greeley, CO 80631 12. Litigation The Contractor shall promptly notify Social Services in the event that the Contractor leas 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 fdd 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 ander foreclosure. 13. 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. 14. Entire Agreement This Agreement, together with all attachments hereto, contitutes 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 8 herein. Page 4 of 5 Contract No: FY07-TANF-0021 IN WITNESS WEREOF, the parties hereto have duly executed the Ageement as of the day, month, and year first above written. ATTEST: LNk t Weld County Clerk to the Board OARD OF COUNTY COMMISSIONERS LD CO TY, COLORADO • By: cri Depu Clerk t e Bo 1, , David . Long, Chair FEB 2007 vc CPO APPROV2, TO FOR.Afi`,� THF, COMMUNITY FOUNDATION / SERVING GREELEY AND WELD COUNTY , Bruce arker, County orner- Y_�� Judy napp President WELD COUNTY DEPARTMENT APPROVED BY: OF SOCIAL SERVICES LEANNA'S CLOSET Judy A Griego Director Jeannine Shadwick, Coordinator Page 5 of 5 clCD2- OCaD Contract No: FY07-TANF-0021 EXHIBIT A SCOPE OF SERVICES I. General Scope of Services Under the Colorado Works in Weld County Program administered by Social Services,the contractor agrees to participate in the program by providing emergency clothing to individuals determined by Social Services to be eligible for emergency clothing as outlined below. 2. Eligible Recipients Social Services shall be responsible for payment for emergency clothing provided by the Contractor to eligible recipients only after Social Services has provided prior written authorization for such Clothing to the Contractor. Eligibility for such services shall be within the discretion of the county, but shall be available only where alternative resources are not immediately available. Social Services will expend funds to reimburse the Contractor for the cost of emergency clothing. Reimbursement will be made if the recipient meets the following criteria: A) Is referred by the Weld County Department of Social Services; B) Is a woman seeking employment or maintaining employment; C) Gross family income is below 185% of poverty; D) Has a clothing allowance need as determined by the Weld County Department of Social Services; E) Has not received four or more outfits in a six (6) month period. Page 1 of 1 Contract No: FY07-TANF-0021 EXHIBIT B PAYMENT SCHEDULE 1. Method of Payment 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 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 mend it accordingly. 2. Submittal of Vouchers Billings for payment shall be submitted to the Weld County Department of Social Services,P.O.Box A, Greeley,Colorado 80632. When submitting billings for payment,the Contractor shall itemize all costs and provide a copy of each clothing referral authorization in the clothing voucher form (EXHIBIT D). 3. Reimbursement Social Services agrees to pay the Contractor an amount not to exceed One Thousand Five Hundred Dollars ($1,500) for a period ending December31, 2007, for services. Reimbursement will be made at the rates as follows: 1. $5.00 for one outfit for ajob interview. 2. $10.00 for two outfits, suitable for a job, to begin employment. 3. $5.00 for one outfit at the successful retention of continuous employmeu on the job for three months. JAN 12007 Page 1 of 1 Contract No: FY07-TANF-0021 EXHIBIT C ASSURANCES . 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 emploge 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 Comm issionersof 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 otherwiseappropriated 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 prceeds 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 tinder 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. Page 1 of 4 Contract No: FY07-TANF-0021 EXHIBIT C (Continued) 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 behalff1 Social 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 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 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 fromcovered 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„$*Me3oL Z00 local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or comm ission of embezzlement,theft,forgery,bribery,falsification or destruction of records, making false statements, or receiving stolen property; Page 2 of 4 Contract No: FY07-TANF-0021 EXHIBIT C (Continued) c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 11(b) of this certification; and d. Have not within a three-year period preceding this Agreement, had one or more public transactions (federal, state, and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a contractor with Social Services when the Contractor also maintains a relationship with a thirc arty 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 thcContractor. 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) tilt 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.)266-104, requiring criminal background record checks for all employees, contractors, and sutcontractors. Page 3 of 4 • Contract No: FY07-TANF-0021 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 subcontractorthat 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-IO2(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. 24-76.5-10I.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. ^2.37 Page 4 of 4 Hello