HomeMy WebLinkAbout20021665.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR SERVICES FOR COLORADO WORKS PROGRAM
AND AUTHORIZE CHAIR TO SIGN -AIMS COMMUNITY COLLEGE, FORT LUPTON
BRANCH
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 for the
Colorado Works Program 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 Aims Community College, Fort Lupton Branch, commencing June 1, 2002, and
ending June 30, 2004, 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 Aims Community College, Fort Lupton Branch, 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 26th day of June, A.D., 2002, nunc pro tunc June 1,
2002.
BOARD OF COUNTY COMMISSIONERS
_�® WELD COUNTY, COLORADO
ATTEST: fin I �I�t!Las EXCUSED
=, GI Vaad, Chair
Weld County Clerk to th►Bo: pi%:Q .'
David g, Pro-Tem
BY: �.�
Deputy Clerk to the Boa
M. J. Geile
/pc D RM: et
William H. Jerke
ounty Attorp y EXCUSED DATE OF SIGNING (AYE)
Robert D. Masden
Date of signature: 7/r
00 : SS6.Qo.1,t7) 2002-1665
SS0029
stee16:13/48884 •
DEPARTMENT OF SOCIAL SERVICES
PO BOX A
CO
GREEIEY,C 80632
WEBSITE:www.co.weld.co.us
Administration and Public Assistance(970)352-1551
III O MEMORANDUM Child Support(970)352-6933
O: Glenn Vaad, Chair Date: June 24, 2002
COLORADO Board of County Commissioners
FR: Judy A. Griego, Director, Social Services L011/ (k ( F VLL(�D
RE: Colorado Works Program Agreement for Services(Among Weld County
Department of Social Services, Weld County Division of Human
Services, and Aims Community College—Fort Lupton Campus •
Enclosed for Board approval is a Colorado Works Program Agreement for Services among the
Weld County Department of Social Services,Weld County Division of Human Services, and
Aims Community College—Fort Lupton Campus. This Agreement was discussed at the June 19,
2002, Work Session with the Board.
The Agreement was developed under the requirements of Section 26-2-707.5, Community
Resources Investment Assistance, Colorado State Statutes. The major provisions of the
Agreement are as follows:
1. The term of the Agreement begins June 1,2002, and ends June 30, 2004.
2. Social Services agrees to invest amounts as follows:
A. $73,940 for a microwave link from Social Services' Fort Lupton Office to Aims
Community College—Fort Lupton Campus.
B. $33,300 for Destination software and licenses to be located at the Human
Services Educational Lab. Aims, through the Human Services' Educational Lab,
will have access to 20 licenses or the pro-rata cost of$22,000.
3. Aims agrees to invest a total of$133,446 including $31,400 to be reimbursed to Human
Services for maintenance costs associated with the microwave network. Aims'
investment includes all computer hardware, staff support of students, work stations, and
the maintenance costs of the system.
4. Aims will enhance and improve its educational capacity for low-come Weld County
residents including Colorado Works applicants and recipients and will enroll 41%yearly
in its computer lab those students who are eligible for, applicants of or recipients of
Colorado Works.
If you have any questions,please telephone me at extension 6510.
2002-1665
Contract No.: PY01/03-CWP-25
COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES
AMONG THE WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES,WELD COUNTY DIVISION OF HUMAN SERVICES,
AND AIMS COMMUNITY COLLEGE
( ) Purchase of Information and Referral Services
( ) Purchase of Educational Services
( ) Purchase of Program Development Services for Youth and Families
This Agreement, made and entered into the 26th day of June 2002, by and between the County
of Weld, a political subdivision of the State of Colorado, by and through the Board of County
Commissioners of the County of Weld, on behalf of the Weld County Division of Human Services,
hereinafter referred to as "Human Services", and sitting as the Board of Social Services for the Weld
County Department of Social Services, hereinafter referred to as "Social Services"; and Aims Community
College,hereinafter referred to as"Aims."
WITNESSETH
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the County of Weld has provided Social Services fund resources for education,
training,and support services for Weld County's low-income families;and
WHEREAS, basic education, GED, high school diplomas, and educational skill development are
major goals for Colorado including Weld County;and
WHEREAS, meeting the needs of unemployed and underemployed Colorado Works eligible
clients, especially rural Weld County,are critical issues; and
WHEREAS, Aims has the expertise and experience to provide quality educational programs and
to increase accessibility to education and training in South Weld County, as well as to improve outreach to
individuals with language and other barriers to such education and training; and
WHEREAS, Social Services has determined that it is appropriate and advisable to expand
educational access in South Weld County through a collaborative environment with Aims and Human
Services and to solve a technology barrier that prevents such access expansion; and
WHEREAS, Social Services desires to enter into an agreement with Aims and Human Services by
investing in the development of educational programs to benefit the unemployed and underemployed
including Colorado Works applicants and recipients under a two-year phase-in plan and to develop a viable
technology link between Human Services and Aims.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as
follows:
Page 1 of 7
pooa- I(o(CT
Contract No.: PY01/03-CWP-25
1. Term
This Agreement shall become effective on June 1, 2002, upon proper execution of this Agreement
and will expire June 30, 2004, subject to the termination provisions set forth in Section 15, below.
Payment for the start-up phase of the two-year plan will occur prior to June 30,2002.
2. Scope of Services
Services shall be provided by Human Services and Aims to any person(s) eligible for educational,
training and support 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. Unless otherwise instructed in Exhibit B, Human Services and Aims 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. Human
Services and Aims 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 Human Services and Aims.
Failure to submit monthly billings in accordance with the terms of this agreement shall
result in Human Services' and Aims' forfeiture of all rights to be reimbursed for such
expenses.
c. Payments to Human Services and Aims shall be made monthly by Social Services upon
receipt of such itemized billings as required under Exhibits A and B.
d. Reimbursement of costs incurred pursuant to this Agreement is expressly contingent
upon the availability of Weld County funds to Social Services.
e. Social Services shall not be billed for, and reimbursement shall not be made for, time
involved in activities outside of those defined in Exhibit A. Work performed prior to the
execution of this Contract shall not be reimbursed or considered part of this Agreement.
4. Financial Management
At all times from the effective date of this Contract until completion of this Contract, Human
Services and Aims shall comply with the administrative requirements, cost principles and other
requirements set forth in the Financial Management Manual adopted by the State of Colorado.
Page 2 of 7
Contract No.: PY01/03-CWP-25
The required annual audit of all funds expended under General Assistance 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. Human Services and Aims 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 Human Services and Aims have failed to
comply with the Financial Management Requirements, program objectives, contractual
terms, or reporting requirements.
6. Assurances
Human Services and Aims 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, Human Services and Aims 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. Human Services and
Aims acknowledges that the following laws are included:
-Title VI of the Civil Rights Act of 1964,42 U.S.C. Sections 2000d-1
et. seq. and its implementing regulation,45 C.F.R. Part 80 et. seq.; and
-Section 504 of the Rehabilitation Act of 1973,29 U.S.C. Section
794,and its implementing regulation,45 C.F.R. Part 84;and
-the Age Discrimination Act of 1975,42 U.S.C. Sections 6101 et. seq.
and its implementation regulation,45 C.F.R. Part 91; and
-Title VII of the Civil Rights Act of 1964; and
-the Age Discrimination in Employment Act of 1967; and
-the Equal Pay Act of 1963; and
-the Education Amendments of 1972; and
- Immigration Reform and Control Act of 1986,P.L. 99-603;
and all regulations applicable to these laws prohibiting discrimination because of race, color,
national origin, and, sex, religion and handicap, including Acquired Immune Deficiency
Syndrome (AIDS) or AIDS related conditions, covered under Section 504 of the Rehabilitation
Act of 1973, as amended, cited above.
Included if 45 C.F.R. Part 74 Appendix G 9, which requires that affirmative steps be taken to
assure that small and minority businesses are utilized, when possible, as sources of supplies,
Page 3 of 7
Contract No.: PY0I/03-CWP-25
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.
8. Certifications
Human Services and Aims 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
Human Services and Aims and Social Services agree that monitoring and evaluation of the
performance of this Agreement shall be conducted by Human Services, Aims and Social Services.
The results of the monitoring and evaluation shall be provided to the Board of Weld County
Commissioners.
Human Services and Aims shall permit Social Services, and any other duly authorized agent or
governmental agency, to monitor all activities conducted by Human Services and Aims 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 Human Services and Aims 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 Human Services and Aims. These remedial actions are as
follows:
a. Withhold payment to Human Services and Aims 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 Human Services and
Aims 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;
Page 4 of 7
Contract No.: PY01/03-C WP-25
c. Incorrect payment to Human Services and Aims due to omission, error, fraud, and/or
defalcation shall be recovered from Human Services and Aims by deduction from
subsequent payments under this Agreement or other agreements between Social Services
and Human Services and Aims, or by social Services as a debt due to Social Services or
otherwise as provided by law.
12. Representatives
For the purpose of this Agreement, the individuals identified below are hereby designated
representatives of the respective parties. Either party may from time to time designate in writing a
new or substitute representative(s):
For Social Services: For Human Services:
Richard Rowe, Manager 4 Linda Perez,Director,Employment Services
Name Title Name Title
For Aims:
Dr. Doug Smith,Dean,Ft. Lupton Campus
Name Title
Dr. Russ DeViendt, Executive Vice President,Ft.Lupton Campus
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: Human Services:
Judy A.Griego, Director Walter J. Speckman,Executive Director
P.O. Box A P.O. Box 1805
Greeley, CO 80632 Greeley, CO 80632
To: Aims:
Dr. Doug Smith, Dean
260 College Avenue
Ft.Lupton,CO 80621
14. Litigation
Human Services and Aims shall promptly notify Social Services in the event that Human Services
and Aims learns of any actual litigation in which it is a party defendant in a case, which involves
Page 5of7
Contract No.: PY01/03-CWP-25
services provided under this Agreement. Human Services and Aims,within five(5)calendar days
after being served with a summons, complaint, or other pleading which has been filed in any
federal or state court or administrative agency, shall deliver copies of such document(s) to the
Social Services'Director. The term"litigation" includes an assignment for the benefit of creditors,
and filings in bankruptcy,reorganization and/or foreclosure.
15. Termination
This Agreement may be terminated at any time by either party given thirty(30)days written notice
and is subject to the availability of funding.
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.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and
year first above written.
/ COUNTY OF WELD COLORADO,
ATTEST: , - ��,/ �o.'�� BY AND THROUGH THE BOARD OF
Weld County Cler . t ot�l J ,,% COUNTY COMMISSIONERS OF THE
,� Vl COUNTY OF WELD, ON BEHALF OF
f.., q' THE WELD COUNTY DIVISION
‘6,7' ripe OF HUMAN SERVICES, AND SITTING
AS THE BOARD OF SOCIAL SERVICES
By: 6//� Co• ��, 1 r " . k: FOR THE WELD COUNTY
Deputy Clerk to the :,, 1 DEP NT OF SOCIAL SERVICES
I►
BY: l 1 ^_
RO A O F •
RDavi. E. Long, air Pro-Tem
21 �\ (06/26/2002)
oun tton ey
APPROVED AS TO SUBSTANCE
BY: APPROD AS STANCE:
J ly A. r ego,Dire or,We County G/
partme of Social Services BY:
a er J. Speckman, Executive
D ector, Weld County Division of
uman Services
Page 6 of 7
Contract No.: PY0I/03-CWP-25
SIGNED this day of ,2002.
AIM COMMUNITY COLLEGE-
SOUTH CAMPUS
BY: , Vir/ 2—
�r. Doug mith, Dean
PC& C. 6--elS 0 2—
Dr. 'uss DeViendt,Executive Vice President
Page 7 of 7
ContractNo.:Py01/03-CWP-25
EXHIBIT A
SCOPE OF SERVICES
Scope of Services
A. Social Services administers and funds educational and training activities under the
Colorado Works Program, as described in 9CCR 2503-1, Section 3.600 of the Colorado
Department of Human Services' Staff Manual,and Section 6.030 of the Weld County
Department of Social Services Operations Manual. Social Services has determined that it
is appropriate and advisable to:
I) Develop positive development of unemployed and underemployed Weld County
citizens by meeting the educational and training needs of Colorado Works
participants and other target groups in Weld County, especially rural Weld
County; and
2) Provide quality educational programs and increase accessibility to education and
training in South Weld County, as well as to improve outreach to individuals
with language and other barriers to such education and training; and
3) Expand educational access in South Weld County through a collaborative
environment with Aims and Human Services. Aims is the community college
system for Weld County and Human Services is the One-Stop Employment
system for Weld County, including the contractor for employment and training
services for Colorado Works applicants, recipients and other target groups.
4) Assist eligible Colorado Works Program applicants and recipients in obtaining
educational and training access to entry-level positions and increasing their
earning potential through the development of educational programs through the
development and implementation of a learning lab within a two-year phase-in
plan; and
Social Services has the opportunity to invest, according to §26-2-707.5, Colorado Works
resources in expanding educational access in South Weld County through a collaborative
partnership in the interest of finding employment and training opportunities for the
unemployed and underemployed including Colorado Works participants.
2. Eligible Youth and Adults
Social Services shall be responsible for identifying Colorado Works families who are eligible to
be served by the Aims.
A. Youth who are foster care/adopt children and are IV-E eligible under TANF and are
placed in the County Certified Foster Care Homes and Group Homes and are
emancipating from the Child Welfare System through the ALIVE—E Program;or
B. Adults who are eligible for, applicants of or receiving TANF, Medicaid, and Food
Stamps and have incomes below 185%of poverty level; or
Page 2 of 2
Contract No.:Py01/03-C WP-25
C. Adults who are non-custodial parents and are unemployed or underemployed and have
incomes below 185%of poverty level.
3. Role of Social Services
A. Social Services will purchase a microwave network from its Ft. Lupton Office to Aims'
South Campus for purposes of this Agreement only.
B. Social Services will refer eligible Colorado Works applicants,recipients and other
eligible target groups to Aims for access to its computer lab.
4. Role of Aims
A. Aims will provide computers and networking within the Fort Lupton campus facility
necessary to access the Human Services' Learning Lab software.
B. Aims will provide space to house the computers.
C. Aims will schedule students and Social Services referrals to access the appropriate
software.
D. Aims will provide staff to assist students to effectively use the software.
E. Aims will provide for maintenance costs associated with the microwave link purchased
by Social Services.
F. Aims will conduct surveys of clients utilizing its lab including Social Services referrals
for a period ending December 31,2002,June 30,2003, December 31,2003,and June 30,
2004,according to requirements provided by Social Services.
G. Aims will document that a minimum of 41%of students served yearly through the Aims
Lab are Colorado Works applicants,recipients,and other target groups as provided in
Exhibit A, Item 2.
H. Aims will reimburse Human Services for system maintenance,training, and microwave
link costs as outlined in Exhibit D.
5. Role of Human Services
A. Human Services will provide access and availability to all software programs currently
used in Human Services Educational Lab to Aims for specific uses covered by this
Agreement.
B. Human Services will provide the file server, system maintenance and other necessary
equipment to provide continuous service via the microwave network to the Aims Fort
Lupton Campus facility.
C. Human Services will provide software management training to designated Aims staff on
a quarterly basis.
Page 2 of 2
Contract No.: Py01/03-CWP-25
EXHIBIT B
PAYMENT SCHEDULE
1. Method of Payment
Expenses incurred by Human Services and Aims, in association with said project prior to the term
of the Agreement,are not eligible Social Services expenditures and shall not be reimbursed by
Social Services.
Payment pursuant to this Contract, if Weld County funds,whether in whole or in part, is subject to
and contingent upon the continuing availability of Weld County funds for the 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. Overall Cost of the Two-year Start-up Plan and Start-up Fee Assessment
The total cost of the two-year project is$229,386 as follows:
A. Social Services agrees to invest a total of$95,940,which is 41%of the total cost of the
project,to pay for a microwave network from the Social Services Fort Lupton Office to
Aims Fort Lupton Campus at a total of$73,940 and a pro-rata share of$33,250 total of
Destination licenses or$22,000 in Destination Software for an Aims link to the Human
Services Educational Lab for a period ending June 30, 2002,to pay for a portion of the
start-up development under the two-year phase-in plan. The pro-rata share is based on
30 licenses for Human Services for Destination Software. Aims would use 20 licenses at
$1,100 per license or a total of$22,000.
B. Aims agrees to invest a total of$133,446 which includes$102,046 for the two-year
period ending June 30, 2004,and $31,400, according to Exhibit D,that would be
reimbursed to Human Services for maintenance costs associated with the microwave
network.
1) If Aims is not able to meet the enrollment goal by June 30,2003,outlined in
Exhibit A, 4,G, of the project,Aims agrees to return to Social Services a
proportional cash amount of the award of$47,970.
2) If Aims is not able to meet the enrollment goal by June 30,2004, Exhibit A,4,
G, of the project, Aims agrees to retum to Social Services a proportional cash
amount of the award of$47,970.
3. Billing
Social Services will pay invoices for the microwave link and Destination software before June 30,
2002.
4. Operational Costs
Aims agrees to pay Human Services, once each year for the two year project period a total of
$31,000 as outlined in Exhibit D of this Agreement.
Page 1 of 1
Contract No.: PY01/03-CWP-25
EXHIBIT C
ASSURANCES
1. Human Services and Aims agree it is an independent entity and Aims 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
Human Services and Aims or its employees, volunteers, or agents while performing duties as
described in this Agreement. Human Services and Aims shall indemnify, defend, and hold
harmless Weld County, the Board of County Commissioners of Weld County, its employees,
volunteers, and agents. Human Services and Aims 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, Human Services and Aims 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 phase of this Agreement is for any
reason held or decided to be unconstitutional, such decision shall not affect the validity of the
remaining portions. The parties hereto declare that they would have entered into this Agreement
and each and every section, subsection, paragraph, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses,
or phrases might be declared to be unconstitutional or invalid,
6. No officer, member or employee of Weld County and no member of their governing bodies shall
have any pecuniary interest,direct or indirect, in the approved Agreement or the proceeds thereof.
7. Human Services and Aims assure 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. Human Services and Aims assure 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 Human Services and Aims.
Page 1 of 4
Contract No.: PY0I/03-CWP-25
9. All such records, documents, communications, and other materials shall be the property of Social
Services and shall be maintained by Human Services and Aims, 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 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 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. Human Services and Aims assure 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.
I. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal
representatives, and assigns. Human Services and Aims of Social Services may not assign any of
its rights or obligations hereunder without the prior written consent of both parties.
12. Human Services and Aims certify that Federal appropriated funds have not been paid or will be
paid, by or on behalf of Human Services and Aims, 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. Human Services and Aims assure that it will fully comply with the Colorado Works Program
regulations promulgated, and all other applicable federal and state laws, rules and regulations.
Human Services and Aims understand that the source of funds to be used under this Agreement is:
Colorado Works Program.
14. Human Services and Aims assures and certify 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 or 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
Page 2 of 4
Contract No.: PY01/03-CWP-25
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 Human Services and Aims
with Social Services when Human Services and Aims also maintain 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 Human Services and Aims to gain from knowledge of these
opposing interests. It is only necessary that Human Services and Aims know that the two
relationships are in opposition.
During the term of the Contract Human Services and Aims 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, Human Services and Aims 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 Human
Services and Aims.
16. Human Services and Aims shall protect the confidentiality of all applicant records and other
materials that are maintained in accordance with this Contract. Except for purposes directly
connected the administration of the Child Protection, no information about or obtained from any
applicant/recipient in possession of Human Services and Aims shall be disclosed in a form
identifiable with the applicant/recipient or a minor's parent or guardian. Human Services and
Aims shall have written policies governing access to, duplication and dissemination of, all such
information. Human Services and Aims shall advise its employees, agents and sub-Human
Services and Aims, if any, that they are subject to these confidentiality requirements. Human
Services and Aims shall provide its employees, agents,and sub-Human Services and Aims, 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, intemal 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.
Page 3 of 4
Contract No.: PY01/03-C WP-25
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 Human Services and Aims in the course
of providing services under this Contract will be accorded at least the same precautions as are
employed by Human Services and Aims for similar information in the course of its own business.
Page 4 of 4
Contract No.: PY01/03-CWP-25
Exhibit D
Technology/Educational
Software Sharing
The following costs would be paid to Human Services for maintenance of a microwave network to supply
software to Aims, cost-sharing for a portion of the microwave link and to train staff on the administration of the
software programs(July 1,2002 to June 30,2003):
System maintenance costs:
System will be maintained 42 weeks per year(11 weeks/quarter for fall,winter and spring and 9 weeks for
summer)
42 weeks x 5 days=315 days @ 1.5 hours per day @$40/hour=$12,600
Training for Aims Community College—Fort Lupton staff on software programs and administration:
Destinations Software(2 days x 8 hours/day= 16 hours x$40/hour) $640
Rosetta Stone Software " $640
Other Software programs (1day @ 8 hours x$40/hour) $320
Training Total $1600
System maintenance $12,600
Training $1600
Total costs(year one) $14,200
The costs for the second year(July 1,2003 to June 30, 2004)of the pilot program would be:
System maintenance $12,000
Microwave link(covered year one by Weld County) $4,600
Total Costs(year two) $17,200
Page 1 of 1
Hello