HomeMy WebLinkAbout20070557.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN -WELD
FOOD BANK
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Services between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Social Services, and Weld Food Bank, commencing
January 1,2007,and ending December 31,2007,with furtherterms 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 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 Weld Food Bank 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 5th day of March, A.D., 2007, nunc pro tunc January 1, 2007.
BOARD OF COUNTY COMMISSIONERS
�� a WELDrClQUNTY O4 Cr1/4.O2ADO
ATTEST:
"� David E. Long, Chair
Weld County Clerk to the .o/rd C� �
� Nip.? Willis H. Jerke, Pro-Tem
BY: t 6 11161LGCC ` °., *c
Duty C f•k to the Bo rd -----;-:-
Willi� /ci
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ROV AS TO j� Ma i\ 2_,
obeli Ma den
unty Attorney c - ,-la,2ii.aC
Douglas Rademac
Date of signature: 3/37/CI
2007-0557
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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
C Fax Number(970)353-5215
COLORADO MEMORANDUM
TO: David E. Long, Chair Date: March 1, 2007
Board of County Commissioners
FR: Judy A. Griego, Director, Social Services�1) ( 'J kl -
RE: Agreement for Services Between Weld Food Bank and Weld County Department
of Social Services
Enclosed for Board approval is an Agreement for Services between Weld Food Bank 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 Weld Food Bank will provide emergency food boxes to Colorado Works eligible
individuals who:
A. Are referred by the Department.
B. Have a Gross family income below 185%of poverty.
C. Have emergency food assistance needs as determined by the Department.
4. The Department agrees to reimburse the Weld Food Bank an amount not to exceed
$10,000 at a rate of$20.00 per food box.
If you have any questions, please contact me.
2007-0557
Contract No. FY07-TANF-0022 "?>
AGREEMENT FOR SERVICES •
BETWEEN THE WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES AND WELD FOOD BANK
2?
This Agreement,made and entered into this day of January 2007,by and between the Board of
County Comm i ss ioners,on behalf of the Weld County Department of Social Services,hereinafter referred to as
"Social Services," and "Weld Food Bank," 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 TANF resources for emergency food 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 the premises, the parties hereto
covenant and agree as follows:
1. Terms
This Agreement shall become effective January 1,2007,upon proper execution of this Agreement and
shall expire December 31,2007. 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 istttached 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.
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Contract No. FY07-TANF-0022
Failure to submit monthly billings in accordance with the terms of
this agreement shall result in the Contractor's forfeiture of altrights 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.
3. Financial Management
At all times from the effective date of this Contract until completion of this Contract,the Contractor
shall comply with the administrativerequirements,cost principles and other requirements set forth in
the Financ i al Management Manual adopted by the State of Colorado. The required annual audit of all
funds expended under General Assistance must conform to the Single Audit Act of 1984 and OMB
Circular A-128.
4. Payment Method
Unless otherwise provided in the Scope of Services and Payment Schedle:
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.
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
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Contract No.FY07-TANF-0022
- Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section �o
794, and its implementing regulation. 45 C.F.R. Part 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 of1964: 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 regulationsapplicable to these laws prohibiting discrim inationbecause 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 CI 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 Hum
Services, Office for Civil Rights.
7. Certifications
Contractor certifies that, at the time of entering into this Contract, it has currently in effect all
necessary licenses,approvals,insurance,etc.required to properly provide the services and/or supplies
covered by this contract.
8. Monitoring and Evaluation
The Contractor and Social Services agree that monitoring an&valuation 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.
9. Modification of Agreement
All modifications to this agreement shall be in writing and signed by both parties.
10. 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;
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Contract No. FY07-TANF-0022
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 he 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.
11. Representatives
For the purpose of this Agreement, the individuals identified below- are hereby designated
representativesofthe respective parties. Either party may from time to time designate in writing a new
or substitute representative(s):
For Social Services: For the Contractor:
John Kruse, A.P. Administrator Leona Martens, Executive Director
Name Title Name Title
12. Notice
All notices required to be given by the parties hereunder shall be given by certified or registered mail
to the individuals at the addresses set forth below. Either party may from time to time designate in
writing a substitute person(s)or address to whom such notices shall be sent:
To: Social Services To:
Judy A. Griego, Director Leona Martens
P.O. Box A 104 1 1 th Ave.
Greeley,CO 80631 Greeley.CO 80631
13. Litigation
The Contractor shall promptly notify Social Services in the event that
the Contractor learns of any actual litigation in which it is a patty 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.
l4. Termination
This Agreement may be tern inated 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 No. IY07-TANF-0022 . IN.
15. Entire Agreement ?J
This Agreement,together with all attachments hereto.constitutes the entire understanding bdtwey the
parties with respect to the subject matter hereof,and may not be changed or modified except as sated
in Paragraph 9 herein.
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year
first above written.
ATTEST: iate# , > E ilea
Weld County Clerk to the Boa t #� BOARD OF COUNTY COMMISSIONERS
lt" fi f' 4r I WELD COUNTY, COLORADO
BY: j R O1% ,. / t
Deputy Clerk to the Board = ' David E. Long, Chair
03/ /2007
APPROVLDAS TO FORM:
WELD FOOD BANK, INC
Bate r County Attorney
Board-Pr [dent
WELD COUNTY DEPARTMENT
OF SOCIAL S RVI ' S
.lud .Grie o, Directo'
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Contract No. FY07-TANF-0022
EXHIBIT A
SCOPE OF SERVICES
1. 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 providingemergency food boxes to individuals determined by
Social Services to be eligible for emergency food assistance as outlined below.
2. Eligible Recipients
Social Services shall be responsible for payment for emergency food boxes provided by the Weld
Food Bank to eligible recipients only after Social Sery ices has provided prior written authorization for
such food to the Weld Food Bank.
Eligibility for such services shall be within the discretion of the County, but shall be available only
where alternative resources such as Food Stamps, etc., are not immediately available.
Social Services will expend funds to reimburse the Weld Food Bank for the cost of emergency food
boxes.Reimbursementwill be made at the rate of$20.00 per food box,Reimbursement will be made
if the food box recipient meets the following criteria:
1. Is referred by the Weld County Department of Social Services.
2. Gross family income is below 185% of poverty.
3. Has an emergency food assistance need as determined by the Weld County Department of Social
Services.
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Contract No. FY07-TANF-0022
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,$20.00 per food box for a total amount not to exceed Ten Thousand Dollars($10.0000).
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 amend it accadingly.
3. Submittal of Vouchers
Billings for payment shall be submittedto the Weld County Department of Social Services,P.O. Box
A, Greeley, Colorado 80632. When submitting billings for payment, the Weld Food Bank shall
itemize all costs and providea copy of each food box authorization (EXHIBIT D).
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Contract No. FY07-TANF-0022
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 ae they entitled to any employee benefits as WelcCounty
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 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 theapproved 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, for a period of three(3)years from the date of final payment under this Contract,or
for such further period as may-be necessaryto 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
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Contract No.FY07-TANF-0022 `7,
audit findings have not been resolved aftera three(3)year period,the materials shall he retairuntil
the resolution of the audit finding.
s:).)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.
1 I. 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.
l2. 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
em ployee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of
a Member of Congress in connection with the awarding of any Federal contract,the making of any
federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the
extension,continuation,renewal,amendment,or modification of any Federal contract,loan,grant,or
cooperative agreement.
13. The Contractor assures that it will fully comply with the General Assistance Program regulation
promulgated,and all other applicable federal and state laws, rules and regulations. The Contractor
understands that the source of funds to be used under this Agreement is: General Assistance Funds.
14. The Contractor assures and certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from ewered 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;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 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 thircuarty and the two relationships are in
opposition. In order to create the appearance of a conflict of interest, it istot necessary for the
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Contract No.FYo7-TANF-0022
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 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/recipientor a minor's parent or guardian. Contractor shall have written policiesgoverning
access to, duplication and dissemination of, all such information. Contractor shall advise its
employees, agents and subcontractors, if any, that they are subject to these confidentiality
requirements. Contractor shall provide its employees,agents,and subcontractors,if any,with a copy
or written explanation of these confidentiality requirements before access to confidential data is
permitted.
17. Proprietary information for the purposes of this contract is information relating to a party's research,
development,trade secrets,business affairs, internal operations and management procedures and those
of its customers,clients or affiliates,but does not include information(1)lawfully obtained from third
parties, (2) that which is in the public domain, or(3) that which is developed indepudently.
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 abideby Colorado Revised Statue (C.R.S.)26.6-104, requiring
criminal background record checks for all employees, contractors,and subcontractors.
19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes(C.R.S.) 8-
17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor
that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work
under this Contract. Contractor represents,warrants,and agrees that it(a)has verified that it does not
employ any illegal aliens,through participation in the Basic Pilot Employment Verification Program
administered by the Social Security Administration and Department of Homeland Security, and (b)
otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply
with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the
Colorado Department of Labor and Employment.If Contractor fails to comply with any requirement
of this provision or C.R.S. 8-17.5-101,et seq..Social Services may terminate this Contract for breach
and Contractor shall be liable for actual and consequential damages to Social Services.
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Contract No.FY07-TANF-0022
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.lf
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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