HomeMy WebLinkAbout20022392.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR SERVICES FOR COLORADO WORKS PROGRAM
AND AUTHORIZE CHAIR TO SIGN -THE COMMUNITY FOUNDATION SERVING
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 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 The Community Foundation Serving Greeley and Weld County, commencing
July 1, 2002, and ending December 31, 2002, 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 Agreement for Services for
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 The Community Foundation Serving Greeley and Weld County 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 4th day of September, A.D., 2002, nunc pro tunc July 1, 2002.
BOARD OF COUNTY COMMISSIONERS
•�_ WELD COUNTY, COLORADO
ATTEST: / 9 aLa``� EXCUSED
Gle(yn aad, Chair Weld County Clerk tot
cp > , David /.ng, Pro-Tem I
BY: .1/r' • t,..: 47'
Deputy Clerk to the Bo-
M. J. Ge e
AP D AS yo F RM: elt )71-�-✓
William H. Jerre
ounty Attor ey
9 f�bert D. asden
Date of signature: /o
2002-2392
M S, Ca �-) SS0029
Contract No: FY02-TANF-003
COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND
THE COMMUNITY FOUNDATION SERVING GREELEY AND WELD COUNTY
( ) Purchase of Information and Referral Services
( ) Purchase of Educational Services
('p Purchase of Emergency Services
NN This Agreement, made and entered into the 20th day of June 2002, 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 "Leanna'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 July 1,2002,upon proper execution of this Agreement and shall expire
December 31,2002. 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
31,2002.
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.
Page 1 of 4
Contract No: FY02-TANF-003
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-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,equipment, construction and services.
Page 2 of 4
Contract No: FY02-TANF-003
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.
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:
Judy A. Griego,Director Jill Rosentrater,Coordinator
Name Title Name Tide
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:
Page 3 of 4
Contract No: FY02-TANF-003
To: Social Services To: Contractor
Judy A. Griego,Director Julie Johnson-Haffner,CFRE,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 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.
IN WITNESS WEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first
above written.
ATTEST:
Weld County Cli°to ,1 '*1'tr BOARD OF COUNTY COMMISSIONERS
I 1861c4005.1.9 WELD TY,COLORADO
Rs r . � 1
By: o�/l�i � �% -11 �` � � By:
Deputy Clerk to the Bo Davi E, Long, Ch Pro-Tem
(09/04/2002)
APPROVED AS TO FORM: THE COMMUNITY FOUNDA ON SERVING
GREELEY AND WELD CO Y
Le ort son 1 Jo Haffner,CFRE
A sistant County Attorney resident
WELD COUNTY DEPARTMENT APPROVED BY:
OF SOCIAL SERVICES LEANNA'S CLOSET
}�
J A. iego,Di ctor U ill osentrater,Coordinator
Page 4 of 4
Contract No.: FY02-TANF-003
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 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.: FY02-TANF-003
EXHIBIT B
PAYMENT SCHEDULE
1. Method of Payment
Expenses incurred by the Contractor,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. 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 as 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 31,2002,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 the job,to begin employment.
3. $5.00 for one outfit at the successful retention of continuous employment on the job for three
months.
Page 1 of 1
Contract No.: FY02-TANF-003
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 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. 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.
Page 1 of 3
Contract No.: FY02-TANF-003
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 behalf of Social Services,
for a period of four(4) years from the date of fmal 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. 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 Colorado Works Program regulations
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: Colorado Works Program.
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 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 antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements,or receiving stolen property;
Page 2 of 3
Contract No.: FY02-TANF-003
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 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 Child Protection, no information about or obtained from any
applicant/recipient in possession of Contractor shall be disclosed in a form identifiable with the
applicant/recipient or a minor's parent or guardian. 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.
Page 3 of 3
Gai n 's W set Office Hours:Monday,Wednesday,Friday 9:30 a.m.to Noon
Tuesday ,2-4 m and Wednesday 4-7 pm.
OUTFITTING FOR SUCCESS 1748 Greeley Mall Annex(next to Old Office Depot)
a project of The Women's Fund of Weld County,Inc. Greeley,Colorado,80631 970-545-0640
CLOTHING VOUCHER
Name Date
•
Address - Date of Birth
City State Zip Telephone
(Homo) iW,en
Agency referred by Signed
Have you ever been referred to Leanna's Closet? O Yes O No When?
Clothing Size Shoe size Job type
Clothing for O Job readiness O Interview ❑Start job O 3 months on job O Other
Please list the type of clothing you are looking for today(including accessories).
•
Please list the hems of clothing that were received today. •
•
Please list type of clothing still needed.
Household Declaration:I state that all of the Information given is current to the best of my knowledge and I will not sell,
exchange or give away any of this clothing.I give permission for this information to be shared with the agencies
participating in Leanna's Closet,Outfitting for Success program.
Signature Date
Adults only.This is your time to focus on your job readiness.We cannot be responsible for children.
This voucher does not guarantee that clothes will be available for you.
Agency notes: -
A project of The Women's Fund of Weld County,Inc.,PO.Box 1691,Greeley,CO.80631
EXHIBIT D
• b
DEPARTMENT OF SOCIAL SERVICES
PO BOX A
GREELEY,CO 80632
I'DWEBSITE:
www.co.weld.co.us
Administration and Public Assistance(970)352-1551
VI
C Child Support(970)352-6933
COLORADO MEMORANDUM
• TO: Glenn Vaad, Chair Date: August 26, 2002
Board of County Commissioners
FR: Judy A. Griego, Director, Social Services a
RE: Colorado Works Program Agreement for titcesBet een Weld
County Department of Social Services and The Community
Foundation Serving Greeley and Weld County
Enclosed for Board approval is a Colorado Works Program Agreement for Services
Between the Weld County Department of Social Services and The Community
Foundation Serving Greeley and Weld County. The Agreement was discussed and
reviewed at the Board's Work Session of June 5, 2002.
The major provisions of the Agreement are:
1. The term of the Agreement is July 1, 2002 through December 31, 2002.
2. Social Services agrees to reimburse The Community Foundation, on behalf of
Leanna's Closet, a total not to exceed $1,500 as follows:
A. $5.00 for one outfit for a job interview.
B. $10.00 for two outfits, suitable for the job to begin employment.
C. $5.00 for one outfit at the successful retention of continuous employment
on the job for three months.
3. Social Services will refer women who are seeking or maintaining employment
and whose family income is below 185% of poverty.
If you have any questions, please telephone me at extension 6510.
2002-2392
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