HomeMy WebLinkAbout20021487.tiff RESOLUTION
RE: APPROVE COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES AND
AUTHORIZE CHAIR TO SIGN -AIMS COMMUNITY COLLEGE
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
Aims Community College, commencing June 2, 2002, and ending June 30, 2005, 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 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 10th day of June, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD OUN C/COLORADO
ATTEST: atejeWLa G(elVaad,
Weld County Clerk to th-Is'ar
T,p S 1/4;� David E.V ng, Pro- e
BY:
G
wi
Deputy Clerk to the a6 � � /`�Geile ib
ARPR�ED AS TOJO♦�M: /k
J il'a H. Je e
.tea C'�
C.untyA ome
Robert D. Masden
Date of signature: �-2Y
(fC . Crept) 1 2002-1487
SS0029
� • A
DEPARTMENT OF SOCIAL SERVICES
PO BOX A
GREELEY,CO 80632
'IWEBSITE:www.co.weld.co.us
Administration and Public Assistance(970)352-1551
C Child Support(970)352-6933
COLORADO MEMORANDUM
TO: Glenn Vaad, Chair Date: June 3, 2003
Board of County Commissioners
FR: Judy A. Griego, Director, Social Service C c
I U J
RE: Colorado Works Program Agreement for Services Between Weld
County Department of Social Services and Aims Community
College
Enclosed for Board.approval is a Colorado Works Program Agreement for Services
between the Weld County Department of Social Services and Aims Community College.
This Agreement was discussed at the Board's Work Session of May 20, 2002.
The Agreement with Aims Community College is under the auspices of Section 26-2-
707-5, which allows the Board to invest in the development of community resources, and
under Section 6.030 through 6.032.7, of the Department's Operational Manual, under the
Colorado Works in Weld County and Child Care Policies and Procedures.
The major provisions of the Agreement are as follows:
1. The term of the Agreement begins June 2, 2002, and ends June 30, 2005.
2. Social Services agrees to invest $300,000 before June 30, 2002, in the
development of a health education program through Aims Community College.
This health education program would provide a direct care provider career path in
the interest of meeting staff shortages of health care providers and providing
entry-level employment for unemployed or underemployed workers. The health
education program encompasses the designing and planning for medical office,
nurse aide expansion, practical nurse, and surgical technology programs through a
multi-phased approach in its development.
3. Aims Community College agrees to enroll a minimum of 18% of Colorado Works
eligible participations quarterly and initiate the health care program by September
3, 2003.
If you have any questions, please telephone me at extension 6510.
2002-1487
Contract No.: PY01/04-CWP-21
COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES AND AIMS COMMUNITY COLLEGE
( ) Purchase of Information and Referral Services
(y) Purchase of Educational Services
This Agreement, made and entered into the th day of June 2002, by and between the Weld County
Board of Social Services, on behalf of the Weld County Department of Social Services, hereinafter referred to as
"Social Services,"and Aims Community College,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 Social Services fund resources for education and training
services for Weld County's low-income families;and
WHEREAS, nursing and entry-level health care staffing shortages for long-term and acute care providers,
hospitals,and other health care providers are reaching a critical point in Colorado including Weld County; and
WHEREAS, the recruitment and retention of trained and capable direct care workers among health care
providers are at a crisis state in Colorado;
WHEREAS, the Weld County's Work Force Development Board has determined that it is appropriate and
advisable to:
a) Develop a direct care provider career path tailored to encourage individuals entering the labor market
into this important and satisfying career and to better reward such individuals as their skill levels
increase; and
b) Enhance education and training opportunities in the direct care field and to increase accessibility to
such education and training in Weld County, as well as to improve outreach to individuals with
language and other barriers to such education and training;and
c) Establish a collaborative environment among institutions of the University of Northern Colorado,
Aims Community College, Weld County Division of Human Services, the Weld County Department
of Social Services, Banner Health Care, and other potential health care employers to improve
communication among such stakeholders, and ultimately to place more individuals in and stabilize the
field of direct care through the successful development and implementation of a direct care provider
career path;and
Page 1 of 6
o?ooa—/'R7
Contract No.: PY01/04-CWP-21
WHEREAS, the Contractor is developing health programs in the areas of medical office technology, nurse
aide expansion, practical nursing and surgical technology programs through a three-year phase-in plan that will
result in a direct care provider career path in the interest of health care providers and entry-level workers, including
Colorado Works Program applicants and recipients;and
WHEREAS, Social Services wishes to assist eligible Colorado Works Program applicants and recipients in
obtaining educational and training access to entry-level health care positions and increasing their earning potential
through a direct care provider career path through the development of health programs through a three-year phase-in
plan; and
WHEREAS, Social Services desires to enter into an agreement with the Contractor by investing in the
Contractor's development of health programs to benefit the unemployed and underemployed including Colorado
Works applicants and recipients under the Contractor's three-year phase-in plan.
NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows:
1. Term
This Agreement shall become effective on June 2, 2002,upon proper execution of this Agreement and will
expire June 30, 2005, subject to the termination provisions set forth in Section 15, below. Payment for the
start-up phase of the three-year plan will occur prior to June 30, 2002.
2. Scope of Services
Services shall be provided by the Contractor to any person(s) eligible for information and referral 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.
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.
Page 2 of 6
Contract No.: PY01/04-CWP-21
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. Financial Management
At all times from the effective date of this Contract until completion of this Contract, the Contractor shall
comply with the administrative requirements, cost principles and other requirements set forth in the
Financial 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-
133.
5. 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.
6. 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.
7. 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 a seq.; and
Page 3 of 6
Contract No.: PY01/04-CWP-21
-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. 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
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.
9. Monitoring and Evaluation
The Contractor and Social Services agree that monitoring and evaluation 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.
10. Modification of Agreement
All modifications to this agreement shall be in writing and signed by both parties.
Page 4 of 6
Contract No.: PY01/04-CWP-21
11. 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.
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 the Contractor:
Richard Rowe,AP Manager Carol Hoglund,Vice President,Administrative Services
Name Title 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: Contractor
Judy A. Griego,Director Carol Hoglund,Vice President,Administrative Services
P.O. Box A P.O.Box 69
Greeley, CO 80632 Greeley, CO 80632
Page 5 of 6
Contact No.: PY01/04-CWP-21
14. 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.
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 fast
above written.
na
ATTEST:
Weld County Cl to \ \BOARD OF COUNTY COMMISSIONERS
1861 c> ,WELD COUNTY,COLORADO
�z -Jl
By: :Hs
r et ,y By:
Deputy Clerk to the Glenn Vaad, Chair 10/2002)
PRO AS5d/0-72--
-7 ' I " 72-- CONTRACTOR
Countrt tomey AIMS COMMUNITY COLLEGE
Y
BY: a. JGt, �/aaLatts,
President
WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES APPROVED:By: r ta-Cc > �/(�j
. lG2c L�GGJ
D ctor Ch ,Work Force Development Board
Page 6 of 6
Contract No.: PY01/04-CWP-21
EXHIBIT A
SCOPE OF SERVICES
1. 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 6.006 and Section 6.009.4 of the Weld County
Department of Social Services Operations Manual. Social Services, in consultation with the Weld
County Work Force Development Board,has determined that it is appropriate and advisable to:
I) Develop a direct care provider career path tailored to encourage individuals entering the
labor market into this important and satisfying career and to better reward such
individuals as their skill levels increase;and
2) Enhance education and training opportunities in the direct care field and to increase
accessibility to such education and training in Weld County, as well as to improve
outreach to individuals with language and other barriers to such education and training;
and
3) Establish a collaborative environment among institutions of the University of Northern
Colorado, Aims Community College, Weld County Division of Human Services, the
Weld County Department of Social Services, Banner Health Care, and other potential
health care employers to improve communication among such stakeholders, and
ultimately to place more individuals in and stabilize the filed of direct care through the
successful development and implementation of a direct care provider career path.
Social Services has the opportunity to invest, according to § 26-2-707.5, Colorado Works
resources in developing a health education program through a direct care provider career path in
the interest of meeting staff shortages of health care providers and of providing entry-level
employment for unemployed or underemployed workers, including Colorado Works Program
applicants and recipient.
B. The Contractor is the vocational and community college system of Weld County and has
developed a collaborative environment among stakeholders as described in Exhibit A, 1, C. The
development of a health education program encompasses the designing and planning for medical
office,nurse aide expansion,practical nurse and surgical technology programs. The Contractor is
utilizing a multi-phased approach to build programs while addressing the community's health
program education needs. The phases, which are detailed and described in Attachment 1 of
Exhibit A, include:
1) Phase I—Year 1 (June 2, 2002 through September 3, 2003): The Contractor will expand
the size and scope of the Nurse Aide Program, develop, through initial efforts, other
technologies of medical office,practical nurse, and surgical programs.
2) Phase II—Year 2 and 3 (September 4,2003 through September 3,2005): The Contractor
will continue its development of medical office, practical nurse, and surgical programs
and evaluation component.
Page 1 of 3
Contract No.: PY01/04-CWP-21
3) Phase III—Year 4 (September 4, 2005 through September 3, 2006): The Contractor will
finalize the development of medical office, practical nurse, and surgical programs and
evaluation component. Analysis of the health programs will be initiated.
The Contractor has agreed to accept the final responsibility, both fiscally and administratively, in
developing and implementing health programs to meet the staffing shortages of health providers in
Weld County and surrounding labor markets. The other Stakeholders have committed, in part, to
contribute both monetarily and in-kind in the development of health programs through a three-year
phase-in plan with Phase IV considered beyond the scope of this Agreement. The Contractor is
committed in working with Social Services to enhance the academic and occupational skills of
Colorado Works applicants and recipients as identified and referred by Social Services and the
placement and earning capacity of Colorado Works applicants and recipients in direct care
provider fields.
2. Eligible Adults and Youth
A. Social Services shall be responsible for identifying and referring adults and youth who are eligible
to be served by the Contractor. The eligible youth and adults include:
1) 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
2) Adults who are applicants of or receiving TANF,Medicaid,and Food Stamps and have
incomes below 185%of poverty level; or
3) Adults who are non-custodial parents and are unemployed or underemployed and have
incomes below 185%of poverty level.
B. The Contractor agrees to:
1) Enroll a minimum of 18%of participants quarterly,or as designed, in health programs
instruction,when instruction begins on September 3,2003, and for each succeeding years
as identified under Phase II.
2) Assist in the retention and success of participants by offering,at no charge,to:
a) Single parents,through a Perkins and Foundation partnership program, support
services, single parent programming, and some free study group babysitting.
b) Youth an exploratory experience to introduce them to the promise of health
careers through intensive,exploratory experiences and to emphasize the need of
adequate math and science preparation.
c) All participants a learning environment through multipurpose instructional lab
that provides a wide variety of learning styles that will enhance the learning
capacity of various types of learners.
d) All participants access to employment a the completion of each certificate of the
career path stages and allow these participants to advance to higher-level health
careers as they may wish or are prepared for.
Page 2 of 3
Contract No.: PY01/04-CWP-21
3) Assist those students who qualify with student financial aid,which would be scholarships
or grants,excluding institutional grants. The target of providing student financial aid is
18-20%.
3. Weld County Work Force Development Board
Social Services and the Contractor agree to assign certain planning responsibilities to the Weld County
Work Force Development Board. The Weld County Work Force Development Board will guide,oversee,
and evaluate the implementation of the health education program. At a minimum,the Weld County Work
Force Development Board will:
A. Establish by September 3, 2002, and review quarterly outcome measures for each target group.
B. Establish by September 3,2002,adult and youth standards equivalent to those standards
established by the Weld County Work Force Development Board for the Workforce Investment
Act including,but not limited to, outcome measures for the number employed after training, wage
gave at six months,rotation in employment at six months.
Page 3 of 3
Contract No.: PY01/04-CWP-21
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. Overall Cost of the Three-Year Start-up Plan and Start-up Fee Assessment
Social Services agrees to pay the Contractor an amount not to exceed$300,000 for a period ending June 30,
2002,to pay for a portion of the start-up development under the three-year phase-in plan. The start-up fee
for the project constitutes 18%of the total funding for Phase I and II of three-year phase-in plan. The
details of the cost analysis worksheet are Attachment 1 of Exhibit B.
If the Contractor is not able to initiate the health education program by September 3,2003 and/or meet the
planned enrollment schedule under Phase II,the Contactor agrees to return to Social Services a
proportional cash amount of the award as follows:
A. If the Contractor is not able to initiate the health education program by September 3, 2003, the
Contractor will return$200,000 to Social Services.
B. If the Contractor is not able to meet the planned enrollment schedule under Phase II outlined in
Exhibit A,2,B,a),by September 3,2004, the Contractor will return$50,000 to Social Services.
C. If the Contractor is not able to meet the planned enrollment schedule under Phase II outlined in
Exhibit A,2,B,a),by September 3,2005,the Contractor will return$50,000 to Social Services.
3. Submittal of Bill for Payment
The Contractor agrees to bill Social Services for the start-up costs.
Page 1 of 1
Contract No.: PY01/04-CWP-21
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.: PY01/04-CWP-21
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 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. 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.: PY01/04-CWP-21
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
Hello