HomeMy WebLinkAbout20060879.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, 2006, and ending December 31, 2006,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 27th day of March, A.D., 2006, nunc pro tunc January 1, 2006.
Ell A BOARD OF COUNTY COMMISSIONERS
WELD CO J QTY, COLORADO
ATTEST: �61 K (I/ � 4;2
. J. Geile, Chair
Weld County Clerk to the ; , fi;�
isngI i EXCUSED
E°�' k 1 \(,etC David E. Long, Pro-Tem
BY: �L �
D uty CI to the Boatel «ln >
William H. Jerke
Al/7D AS M: EXCUSED
Robe D. Ma en
oun y Attorney //,//
Glenn Vaad
Date of signature:
III I IO(t
2006-0879
SS0033
el' , 5 Cty-i3 -cam
itks ‘t,
DEPARTMENT OF SOCIAL SERVICES
P.O. BOX A
GREELEY, CO. 80632
Website:www.co.weld.co.us
WilliAdministration and Public Assistance(970) 352-1551
O Fax Number(970) 346-7691
COLORADO MEMORANDUM
TO: M.J. Geile, Chair Date: March 20, 2006
Board of County Commissioners
FR: Judy A. Griego, Director, Social Services ..(,(, i�a ( v
RE: Colorado Works Program Agreement for Services 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 December 12, 2005.
The major provisions of the Agreement are as follows:
1. The term of the Agreement is Calendar Year 2006.
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 ajob, 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.
2006-0879
Contract No: FY06-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
a
This Agreement,made and entered into the/2- day of cc 2005 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 as the "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:
1. Terms
This Agreement shall become effective January 1, 2006, upon proper execution of this Agreement
and shall expire December 31,2006. 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, 2006.
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
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.
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Contract No: FY06-TANF-0021
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. 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.
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,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-I
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
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Contract No: FY06-TANF-0021
-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.
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 licenses,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 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;
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.
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Contract No: FY06-TANF-0021
10. 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:
John Kruse, A.P. Manager Jeannine Shadwick, Coordinator
Name Title Name Title
11. 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 Judy Knapp, President
P.O. Box A 801 81h Street, Suite 230
Greeley, CO 80632 Greeley, CO 80631
12. 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.
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, 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 8 herein.
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Contract No: FY06-TANF-0021
IN WITNESS WEREOF, the parties hereto have duly executed the Agreerent as of the day, month, and
year first above written.
LSATTEST: '� ►` La
Weld County Clerk to the '.Par. • : ����:� OF COUNTY COMMISSIONERS
r1861 `< I !� OUNTY, C LORADO
By: tjL4lJ-t 1 klai L��, i" W /7
De. ty Clelt to the Board r ✓ M. J. Geiie chair
03/27/2006
APPROVED AS TO FORM: THE COMMUNITY FOUNDATION
7 SERVING GREELEY AND WELD COUNTY
/
Br arker, C My Attorney Ju ..�..he� YeakE it- o I K tv A P P
President
WELD COUNTY DEPARTMENT APPROVED BY:
OF SOCIAL SERVICES LEANNA'S CLOSET
"
Judy . Grie o, Directo Jeannine Shadwick, Coordinator
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Contract No: FY06-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.
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Contract No: FY06-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 amend 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 December 31, 2006, for services.
Reimbursement will be made at the rates as follows: •
1. $5.00 for one outfit for a job 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 employment on the job
for three months.
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Contract No: FY06-TANF-0021
EXHIBIT C
ASSURANCES
1. 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 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 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
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Contract No: FY06-TANF-0021
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 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;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.
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Contract No: FY06-TANF-0021
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 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) 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.
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