HomeMy WebLinkAbout20041245.tiff RESOLUTION
RE: APPROVE EIGHT AGREEMENTS FOR SERVICES FOR RECREATION OR
EDUCATIONAL ACTIVITIES FOR COLORADO WORKS PROGRAM AND AUTHORIZE
CHAIR TO SIGN
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 eight Agreements for Services for recreation
or educational activities 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 following vendors,commencing April 1,2004,and ending
September 30, 2004, with further terms and conditions being as stated in said agreements:
1. Carbon Valley Recreation District
2. City of Greeley
3. City of Eaton
4. City of Evans
5. Town of Windsor
6. North Colorado Therapy Center
7. City of Fort Lupton
8. Aims Community College
WHEREAS,after review,the Board deems it advisable to approve said agreements,copies
of which are 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 eight Agreements for Services for
recreation or educational activities 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 be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is,authorized to
sign said agreements.
2004-1245
/ SS0031
AGREEMENTS FOR SERVICES FOR RECREATION OR EDUCATIONAL ACTIVITIES FOR
COLORADO WORKS PROGRAM
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 28th day of April, A.D., 2004, nunc pro tunc April 1, 2004.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
Al.nri iatetiadit4 $1,\DD ,
,p1, Robert D. Masden, Chair
fit , .. lerk to the Board
t ' (t eel`3'— ='
�%���� 1 William H erke, Pro-Tern
N ' ty Clerk to the Board -- 27 A e�
moo So/ 7 M. J. ile
ROC AS TO F : F
Davi . Long
ou At orney
Glenn Vaad
Date of signature: -6-1 y-f9y
2004-1245
SS0031
a
DEPARTMENT OF SOCIAL SERVICES
P.O. BOX A
GREELEY,CO. 80632
' Website: www.co.weld.co.us
Administration and Public Assistance(970)352-1551
OChild Support(970)352-6933
•
COLORADO
MEMORANDUM
TO: Robert D. Masden, Chair Date: April 26, 2004
Board of County Commissioners FR: Judy A. Griego, Director, Social Services +1O
RE: Colorado Works Program Agreements for Sees Between the Weld
County Department of Social Services with Various Contractors
Enclosed for Board approval are Colorado Works Program Agreements for Services between the
Weld County Department of Social Services (Department)and various Contractors. These
Agreements were reviewed at the Board's Work Session of April 26, 2004.
The major provisions of the Agreement are:
1. Each Agreement's term is April 1, 2004 through September 30, 2004.
2. Each Contractor will provide recreational or educational activities for youth ages one
through seventeen, who are from families at or below 185% of the poverty level or who
are in county-certified foster care homes.
3. The Department agrees to reimburse the Contractors at a rate not to exceed$125 per
participant, which is the same rate charged to other non-TANF participants for similar
services.
4. The Contractors are as follows:
A. Carbon Valley Recreation District
B. City of Greeley
C. City of Eaton
D. City of Evans
E. Town of Windsor
F. North Colorado Therapy Center
G. City of Ft. Lupton
H. Aims Community College
If you have any questions,please telephone me at extension 6510.
2004-1245
Contract No.: FY-03-04-TANF-011
COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES AND AIMS COMMUNITY COLLEGE
(x ) Purchase of Tuition Assistance
( ) Purchase of Recreational Services
( ) Purchase of Work Experience Services
This Agreement, made and entered into the th day of April 2004 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 Aims Conununity College (College for Kids),hereinafter referred to as the "Contractor."
WITNESSETH
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS,the County of Weld,pursuant to the Weld County Home Rule Charter, has provided
Social Services fund resources for summer activities for Weld County's low-income children ages one through
seventeen years as identified by Social Services;and
WHEREAS, Social Services desires to enter into an agreement with the Contractor to assist Social Services
in providing recreational and educational services during the summer for children and youth who are members of
families receiving public assistance.
NOW THEREFORE, in consideration of the premises, the parties hereto
covenant and agree as follows:
1. Term
This Agreement shall become effective on April 1, 2004,upon proper execution of this Agreement and will
expire September 30, 2004. 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 September 30,2004.
2. Scope of Services
Services shall be provided by the Contractor to any person(s) eligible for educational and recreational
activities during the summer in compliance with Exhibit A "Scope of Services," a copy of which is attached
and incorporated by reference.
Page 1 of 6
Contract No.: FY-03-04-TANF-011
3. Payment Schedule
a. Payment shall be made on the basis of Exhibit B, "Payment Schedule," a copy of which is attached
and incorporated by reference.
The Agreement Budget shall establish the maximum reimbursement which will be paid from
county funds during the duration of this agreement.
b. The Contractor shall submit an itemized monthly billing to Social Services for all costs incurred
pursuant to Exhibit A of this Agreement in accordance with criteria established by Social Services.
The Contractor shall submit all itemized monthly billings to the Social Services no later than the
fifteenth (15) day of the month following the month the cost was incurred. Billings must be
signed by the Contractor.
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. 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-
128.
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.
Page 2 of 6
Contract No.: FY-03-04-TANF-011
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 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. 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.
Page 3 of 6
Contract No.: FY-03-04-TANF-011
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.
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.
Page 4 of 6
Contract No.: FY03-04-TANF-01 l
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 Marsha Harmon, Director Youth Programs
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:
Judy A. Griego,Director Dr.Dick Wood
P.O. Box A P.O.Box 60
Greeley,CO 80632 Greeley,CO 80632
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.
14. 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 finding.
15. 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 9 herein.
Page 5 of 6
Contract No. FY03/04=1%NE-011
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day, month, and year first
above written.
ATTEST: ' /� / ?'' E�b
Weld County Cler the ... %OARD OF COUNTY COMMISSIONERS
452'Z ELD COUNTY,COLORADO
By: Se2, `, ��� af �By: \),‘„....b
i
Deputy Clerk to the BO• : DDS Robert D. Masden, Chair APR 2 8 2004
APPROVE AS TO FOR1kP
�2... CONTRACTOR
County A rney Aimc Cm, ,ge
Dr.Dick d
WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES
By:
a for
Page 6 of 6
Contract No.: FY-03-04-TANF-011
EXHIBIT A
SCOPE OF SERVICES
1. Scope of Services
Social Services administers and funds summer activities under the Colorado Works Program,as a diversion
program, for children and youth ages one through seventeen and who are members of families who are
recipients of public assistance. The Contractor's services assist Social Services efforts in providing
educational and/or recreational services for Weld County's low-income children and youth. The activities
will be offered for the period April 2004 through September 2004. The purposes of these activities, in part,
are to:
prevent youth from entering the child welfare system
support County Certified Foster Care Parents and Adoptive Parents with summer activities for
foster and adoptive children
promote a continuum of educational and community experiences through established recreation or
education programs in the summer
The Contractor agrees to provide educational and/or recreational services under the auspices of
governmental or authorized entities.
2. Eligible Children and Youth
Social Services shall be responsible for identifying children and youth who are eligible to be served by the
Contractor. The eligible youth and children include:
A. Children ages one through seventeen years of age; and
B. Children who are in families receiving TANF,Medicaid, and Food Stamps and have incomes
below 185%of poverty level; or
C. Children 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.
Page 1 of 1
Contract No.: FY-03-04-TANF-0l 1
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. Fees for Services
Social Services agrees to pay the Contractor a rate not to exceed$125 per participant. The
Contractor agrees to charge Social Services the same rate per participant that the Contractor
charges for other participants who are receiving the same service.
3. Submittal of Vouchers
Social Services agrees to:
a. Provide the Contractor with written prior authorization of services to be purchased on
behalf of a child and/or youth.
b. Provide the Contractor with referral information including name and address of the child,
youth, or family.
The Contractor shall:
a. Review monthly the itemized voucher and certify that the services authorized were
provided on the date indicated and the charges made were pursuant to the terms and
conditions of Exhibit A.
b. Return the signed prescribed voucher form to Social Services for payment.
Page 1 of 1
Contract No.: FY-03-04-TANF-011
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.: FY-03-04-TANF-011
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 of agency.
b. Have not, within a three-year period of preceding this Agreement, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements,or receiving stolen property;
Page 2 of 3
Contract No.: FY-03-04-TANF-011
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
Contract No.: FY-03/04-TANF-012
COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES AND CARBON VALLEY RECREATION DISTRICT
( ) Purchase of Tuition Assistance
(X ) Purchase of Recreational Services
( ) Purchase of Work Experience Services
This Agreement, made and entered into the th day of April 2004,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 Carbon Valley Recreation District,hereinafter referred to as the "Contractor."
WITNESSETH
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS,the County of Weld,pursuant to the Weld County Home Rule Charter,has provided
Social Services fund resources for summer activities for Weld County's low-income children ages one through
seventeen years as identified by Social Services; and
WHEREAS, Social Services desires to enter into an agreement with the Contractor to assist Social Services
in providing recreational and educational services during the summer for children and youth who are members of
families receiving public assistance.
NOW THEREFORE, in consideration of the premises,the parties hereto
covenant and agree as follows:
1. Term
This Agreement shall become effective on April 1, 2004,upon proper execution of this Agreement and will
expire September 30, 2004. 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 September 30,2004.
2. Scope of Services
Services shall be provided by the Contractor to any person(s) eligible for educational and recreational
activities during the summer in compliance with Exhibit A"Scope of Services," a copy of which is attached
and incorporated by reference.
Page 1 of 6
Contract No.:FY-03/04-TANF-012
3. Payment Schedule
a. Payment shall be made on the basis of Exhibit B, "Payment Schedule," a copy of which is attached
and incorporated by reference.
The Agreement Budget shall establish the maximum reimbursement which will be paid from
county funds during the duration of this agreement.
b. The Contractor shall submit an itemized monthly billing to Social Services for all costs incurred
pursuant to Exhibit A of this Agreement in accordance with criteria established by Social Services.
The Contractor shall submit all itemized monthly billings to the Social Services no later than the
fifteenth (15) day of the month following the month the cost was incurred. Billings must be
signed by the Contractor.
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. 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-
128.
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.
Page 2 of 6
Contract No.: FY-03/04-TANF-012
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 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. 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.
Page 3 of 6
Contract No.: FY-03/04-TANF-012
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.
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.
Page 4 of 6
Contract No.: FY-03/04-TANF-012
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 Rene Witty
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:
Judy A. Griego,Director Rene Witty
P.O.Box A 701 5th Streeet
Greeley,CO 80632 Frederick,CO 80530
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.
14. 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.
15. 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 9 herein.
Page 5 of 6
Contract No. FY03/04-TANF-012
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day, month, and year first
above written.
ATTEST: ®`
Weld County C I to a B$& BOARD OF COUNTY COMMISSIONERS
+ d !' rj WELD COUNTY, COLORADO
By: CEJ.a LC., ,.z ! ° . By: L
Deputy Clerk totht . _.L ist Robert D. Masden, ChairApR 2 8 2004
APPROVED AS TO FORM:
._ — CONTRACTOR
County Ahem Carbon Valley Recreation District
Else' J`-'i`.c-e r rn
WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES
By:
Di e for
Page 6 of 6
- -oC LI (3 `/S
Contract No.: FY-03/04-TANF-012
EXHIBIT A
SCOPE OF SERVICES
1. Scope of Services
Social Services administers and funds summer activities under the Colorado Works Program,as a diversion
program, for children and youth ages one through seventeen and who are members of families who are
recipients of public assistance. The Contractor's services assist Social Services efforts in providing
educational and/or recreational services for Weld County's low-income children and youth. The activities
will be offered for the period April 2004 through September 2004. The purposes of these activities, in part,
are to:
0 prevent youth from entering the child welfare system
0 support County Certified Foster Care Parents and Adoptive Parents with summer activities for
foster and adoptive children
0 promote a continuum of educational and community experiences through established recreation or
education programs in the summer
The Contractor agrees to provide educational and/or recreational services under the auspices of
governmental or authorized entities.
2. Eligible Children and Youth
Social Services shall be responsible for identifying children and youth who are eligible to be served by the
Contractor. The eligible youth and children include:
A. Children ages one through seventeen years of age;and
B. Children who are in families receiving TANF,Medicaid, and Food Stamps and have incomes
below 185%of poverty level;or
C. Children 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.
Page 1 of 1
Contract No.:FY-03/04-TANF-012
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. Fees for Services
Social Services agrees to pay the Contractor a rate not to exceed$125 per participant. The
Contractor agrees to charge Social Services the same rate per participant that the Contractor
charges for other participants who are receiving the same service.
3. Submittal of Vouchers
Social Services agrees to:
a. Provide the Contractor with written prior authorization of services to be purchased on
behalf of a child and/or youth.
b. Provide the Contractor with referral information including name and address of the child,
youth, or family.
The Contractor shall:
a. Review monthly the itemized voucher and certify that the services authorized were
provided on the date indicated and the charges made were pursuant to the terms and
conditions of Exhibit A.
b. Return the signed prescribed voucher form to Social Services for payment.
Page 1 of 1
Contract No.: FY-03/04-TANF-012
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.:FY-03/04-TANF-012
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 of agency.
b. Have not, within a three-year period of preceding this Agreement,been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements,or receiving stolen property;
Page 2 of 3
Contract No.: FY-03/04-TANF-012
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
Contract No.: FY-03/04-TANF-013
COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES AND CITY OF GREELEY
( ) Purchase of Tuition Assistance
(X ) Purchase of Recreational Services
( ) Purchase of Work Experience Services
This Agreement, made and entered into the th day of April 2004, 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 City of Greeley,hereinafter referred to as the"Contractor."
WITNESSETH
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS,the County of Weld,pursuant to the Weld County Home Rule Charter,has provided
Social Services fund resources for summer activities for Weld County's low-income children ages one •
through seventeen years as identified by Social Services;and
WHEREAS, Social Services desires to enter into an agreement with the Contractor to assist Social
Services in providing recreational and educational services during the summer for children and youth who
are members of families receiving public assistance.
NOW THEREFORE, in consideration of the premises,the parties hereto
covenant and agree as follows:
1. Term
This Agreement shall become effective on April I,2004,upon proper execution of this Agreement
and will expire September 30, 2004. 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 September 30,2004.
2. Scope of Services
Services shall be provided by the Contractor to any person(s) eligible for educational and
recreational activities during the summer in compliance with Exhibit A "Scope of Services," a
copy of which is attached and incorporated by reference.
Page 1 of 6
_172 GO /3 v5
Contract No.:FY-03/04-TANF-013
3. Payment Schedule
a. Payment shall be made on the basis of Exhibit B, "Payment Schedule," a copy of which is
attached and incorporated by reference.
The Agreement Budget shall establish the maximum reimbursement which will be paid
from county funds during the duration of this agreement.
b. The Contractor shall submit an itemized monthly billing to Social Services for all costs
incurred pursuant to Exhibit A of this Agreement in accordance with criteria established
by Social Services. The Contractor shall submit all itemized monthly billings to the
Social Services no later than the fifteenth(15) day of the month following the month the
cost was incurred. Billings must be signed by the Contractor.
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. 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-128.
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.
Page 2 of 6
Contract No.: FY-03/04-TANF-013
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
-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.
Page 3 of 6
Contract No.: FY-03/04-TANF-013
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.
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.
Page 4 of 6
Contract No.: FY-03/04-TANF-013
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 David Sanchez,Recreation Program Manager
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:
Judy A. Griego, Director Ken D'Amato,Director of Recreation
P.O. Box A 651 10`s Ave
Greeley,CO 80632 Greeley, CO 80632
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.
14. 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.
15. 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 9 herein.
Page 5 of 6
Contract Noj FY/03/04-TANF-013
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day, month, and year first
above written.
ATTEST:
Weld County • k t g ;:; BOARD OF COUNTY COMMISSIONERS
p�-� WELD COUNTY,COLORADO
6 �
-
By: C�.dC�lFw .� � ercv By:
Deputy Clerk to the .aty� ' Robert A. Masden, Chair APR 2 8 2004
APPROVED AS TO FORM:
-2 CONTRACTOR
County Atto ey City of Greeley
r
By: 6P
Ken D Amato, Director of Recreation
WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES
By: l
rector
Page 6 of :72( /.ALf5
Contract No.: FY-03/04-TANF-013
EXHIBIT A
SCOPE OF SERVICES
1. Scope of Services
Social Services administers and funds summer activities under the Colorado Works Program, as a
diversion program, for children and youth ages one through seventeen and who are members of
families who are recipients of public assistance. The Contractor's services assist Social Services
efforts in providing educational and/or recreational services for Weld County's low-income
children and youth. The activities will be offered for the period April 2004 through September
2004. The purposes of these activities,in part, are to:
0 prevent youth from entering the child welfare system
0 support County Certified Foster Care Parents and Adoptive Parents with summer
activities for foster and adoptive children
0 promote a continuum of educational and community experiences through established
recreation or education programs in the summer
The Contractor agrees to provide educational and/or recreational services under the auspices of
governmental or authorized entities.
2. Eligible Children and Youth
Social Services shall be responsible for identifying children and youth who are eligible to be
served by the Contractor. The eligible youth and children include:
A. Children ages one through seventeen years of age;and
B. Children who are in families receiving TANF,Medicaid, and Food Stamps and have
incomes below 185%of poverty level; or
C. Children 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.
Page 1 of 1
Contract No.: FY-03/04-TANF-013
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. Fees for Services
Social Services agrees to pay the Contractor a rate not to exceed$125 per participant.
The Contractor agrees to charge Social Services the same rate per participant that the
Contractor charges for other participants who are receiving the same service.
3. Submittal of Vouchers
Social Services agrees to:
a. Provide the Contractor with written prior authorization of services to be
purchased on behalf of a child and/or youth.
b. Provide the Contractor with referral information including name and address of
the child,youth, or family.
The Contractor shall:
a. Review monthly the itemized voucher and certify that the services authorized
were provided on the date indicated and the charges made were pursuant to the
terms and conditions of Exhibit A.
b. Return the signed prescribed voucher form to Social Services for payment.
Page 1 of 1
Contract No.: FY-03/04-TANF-013
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 phases 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.: FY-03/04-TANF-013
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 of agency.
b. Have not, within a three-year period of preceding this Agreement, been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public(federal, state,
or local) transaction or contract under a public transaction; violation of federal or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records,making false statements,or receiving stolen property;
Page 2 of 3
Contract No.: FY-03/04-TANF-013
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
Contract No.:FY 03-04-TANF-014
COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES AND CITY OF EATON
( ) Purchase of Tuition Assistance
(X ) Purchase of Recreational Services
( ) Purchase of Work Experience Services
This Agreement, made and entered into the th day of April 2004,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 City of Eaton,hereinafter referred to as the"Contractor."
WITNESSETH
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the County of Weld,pursuant to the Weld County Home Rule Charter,has provided
Social Services fund resources for summer activities for Weld County's low-income children ages one through
seventeen years as identified by Social Services; and
WHEREAS, Social Services desires to enter into an agreement with the Contractor to assist Social Services
in providing recreational and educational services during the summer for children and youth who are members of
families receiving public assistance.
NOW THEREFORE, in consideration of the premises,the parties hereto
covenant and agree as follows:
1. Term
This Agreement shall become effective on April 1,2004,upon proper execution of this Agreement and will
expire September 30, 2004. 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 September 30,2004.
2. Scope of Services
Services shall be provided by the Contractor to any person(s) eligible for educational and recreational
activities during the summer in compliance with Exhibit A"Scope of Services," a copy of which is attached
and incorporated by reference.
Page 1 of 6
.;t, 004 /aLI s-
Contract No.: FY 03-04-TANF-014
3. Payment Schedule
a. Payment shall be made on the basis of Exhibit B, "Payment Schedule," a copy of which is attached
and incorporated by reference.
The Agreement Budget shall establish the maximum reimbursement which will be paid from
county funds during the duration of this agreement.
b. The Contractor shall submit an itemized monthly billing to Social Services for all costs incurred
pursuant to Exhibit A of this Agreement in accordance with criteria established by Social Services.
The Contractor shall submit all itemized monthly billings to the Social Services no later than the
fifteenth (15) day of the month following the month the cost was incurred. Billings must be
signed by the Contractor.
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. 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-
128.
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.
Page 2 of 6
Contract No.: FY 03-04-TANF-014
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
a 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. 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.
Page 3 of 6
Contract No.: FY 03-04-TANF-014
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.
II. 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.
Page 4 of 6
Contract No.: FY 03-04-TANF-014
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 Linda Smith, Recreation Director
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:
Judy A. Griego,Director Linda Smith,Recreation Director
P.O. Box A City of Eaton
Greeley,CO 80632 Eaton, Colorado 80615
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.
14. 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.
15. 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 9 herein.
Page 5 of 6
Contract No. FY03/04-TANF-014
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first
above written.
Al PEST:
Weld County erk . th BOARD OF COUNTY COMMISSIONERS
Arm tia WELD COUNTY, COLORADO
By: `.1 j ..W 1, By: bit. `\Vi,<
Deputy Clerk to in ,� Robert D. Masden, Chair APP 2 8 2004
APPROVED AS TO FORM:
CONTRACTOR.+
County A omey l '
By: 7141:\
G
WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES
By:
t1OLC1ThAJ1
Page 6 of 6
Contract No.: FY 03-04-TANF-014
EXHIBIT A
SCOPE OF SERVICES
1. Scope of Services
Social Services administers and funds summer activities under the Colorado Works Program,as a diversion
program, for children and youth ages one through seventeen and who are members of families who are
recipients of public assistance. The Contractor's services assist Social Services efforts in providing
educational and/or recreational services for Weld County's low-income children and youth. The activities
will be offered for the period April 2004 through September 2004. The purposes of these activities, in part,
are to:
prevent youth from entering the child welfare system
0 support County Certified Foster Care Parents and Adoptive Parents with summer activities for
foster and adoptive children
0 promote a continuum of educational and community experiences through established recreation or
education programs in the summer
The Contractor agrees to provide educational and/or recreational services under the auspices of
governmental or authorized entities.
2. Eligible Children and Youth
Social Services shall be responsible for identifying children and youth who are eligible to be served by the
Contractor. The eligible youth and children include:
A. Children ages one through seventeen years of age; and
B. Children who are in families receiving TANF,Medicaid,and Food Stamps and have incomes
below 185%of poverty level;or
C. Children 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.
Page 1 of 1
Contract No.: FY 03-04-TANF-014
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. Fees for Services
Social Services agrees to pay the Contractor a rate not to exceed$125 per participant. The
Contractor agrees to charge Social Services the same rate per participant that the Contractor
charges for other participants who are receiving the same service.
3. Submittal of Vouchers
Social Services agrees to:
a. Provide the Contractor with written prior authorization of services to be purchased on
behalf of a child and/or youth.
b. Provide the Contractor with referral information including name and address of the child,
youth,or family.
The Contractor shall:
a. Review monthly the itemized voucher and certify that the services authorized were
provided on the date indicated and the charges made were pursuant to the terms and
conditions of Exhibit A.
b. Return the signed prescribed voucher form to Social Services for payment.
Page 1 of 1
Contract No.: FY 03-04-TANF-014
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 of3
Contract No.:FY 03-04-TANF-014
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 of agency.
b. Have not, within a three-year period of preceding this Agreement,been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false--
statements,or receiving stolen property;
Page 2 of 3
Contract No.: FY 03-04-TANF-014
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 (I)
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
Contract No.: FY-03/04-TANF-015
COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES AND CITY OF EVANS
( ) Purchase of Tuition Assistance
( X ) Purchase of Recreational Services
( ) Purchase of Work Experience Services
This Agreement,made and entered into the th day of April 2004,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 City of Evans,hereinafter referred to as the"Contractor."
WITNESSETH
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies;and
WHEREAS,the County of Weld,pursuant to the Weld County Home Rule Charter,has provided
Social Services fund resources for summer activities for Weld County's low-income children ages one through
seventeen years as identified by Social Services;and
WHEREAS, Social Services desires to enter into an agreement with the Contractor to assist Social Services
in providing recreational and educational services during the summer for children and youth who are members of
families receiving public assistance.
NOW THEREFORE,in consideration of the premises,the parties hereto
covenant and agree as follows:
I. Term
This Agreement shall become effective on April 1, 2004,upon proper execution of this Agreement and will
expire September 30, 2004. 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 September 30, 2004.
2. Scope of Services
Services shall be provided by the Contractor to any person(s) eligible for educational and recreational
activities during the summer in compliance with Exhibit A"Scope of Services," a copy of which is attached
and incorporated by reference.
Page 1 of 6
Contract No.: FY-03/04-TANF-015
3. Payment Schedule
a. Payment shall be made on the basis of Exhibit B, "Payment Schedule," a copy of which is attached
and incorporated by reference.
The Agreement Budget shall establish the maximum reimbursement which will be paid from
county funds during the duration of this agreement.
b. The Contractor shall submit an itemized monthly billing to Social Services for all costs incurred
pursuant to Exhibit A of this Agreement in accordance with criteria established by Social Services.
The Contractor shall submit all itemized monthly billings to the Social Services no later than the
fifteenth (15) day of the month following the month the cost was incurred. Billings must be
signed by the Contractor.
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. 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-
128.
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.
Page 2 of 6
Contract No.: FY-03/04-TANF-015
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 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. 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.
Page 3 of 6
Contract No.: FY-03/04-TANF-015
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.
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.
Page 4 of 6
Contract No.: FY-03/04-TANF-015
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 Andy McRoberts,Recreation Director
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:
Judy A. Griego,Director Andy McRoberts
P.O.Box A 1100 37th Street
Greeley, CO 80632 Evans, CO 80520
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.
14. 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.
15. 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 9 herein.
Page 5 of 6
Contract No. FY03/04-TANF-015
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month,and year first
above written.
ATTEST: ° �� �✓������
Weld County Cle is ! �_a` BOARD OF COUNTY COMMISSIONERS
'� WELD COUNTY,COLORADO
?AI*
� AA n�, nn
By: ,r - , : �I By: APR 2 8 2004
Deputy Clerk to t' 'Sod it , o.. Robert D. Masden, Chair
Pty .�, it`
APPR AS TO FORM:
i -Y2_--- CONTRACTOR
County A o ey City of Evans
) n
By: F �Y� V
WELD COUNTY DEPARTMENT gr`�(y.••"" l•. '
,I'
%
OF SOCIAL SERVICES =V , o
By: ( (' SEALTI
Di c or
; ;'
RPM ,
Page 6 of 6
Contract No.: FY-03/04-TANF-015
EXHIBIT A
SCOPE OF SERVICES
1. Scope of Services
Social Services administers and funds summer activities under the Colorado Works Program,as a diversion
program, for children and youth ages one through seventeen and who are members of families who are
recipients of public assistance. The Contractor's services assist Social Services efforts in providing
educational and/or recreational services for Weld County's low-income children and youth. The activities
will be offered for the period April 2004 through September 2004. The purposes of these activities, in part,
are to:
0 prevent youth from entering the child welfare system
0 support County Certified Foster Care Parents and Adoptive Parents with summer activities for
foster and adoptive children
promote a continuum of educational and community experiences through established recreation or
education programs in the summer
The Contractor agrees to provide educational and/or recreational services under the auspices of
governmental or authorized entities.
2. Eligible Children and Youth
Social Services shall be responsible for identifying children and youth who are eligible to be served by the
Contractor. The eligible youth and children include:
A. Children ages one through seventeen years of age; and
B. Children who are in families receiving TANF,Medicaid, and Food Stamps and have incomes
below 185%of poverty level; or
C. Children 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.
Page 1 of 1
Contract No.: FY-03/04-TANF-015
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. Fees for Services
Social Services agrees to pay the Contractor a rate not to exceed$125 per participant. The
Contractor agrees to charge Social Services the same rate per participant that the Contractor
charges for other participants who are receiving the same service.
3. Submittal of Vouchers
Social Services agrees to:
a. Provide the Contractor with written prior authorization of services to be purchased on
behalf of a child and/or youth.
b. Provide the Contractor with referral information including name and address of the child,
youth, or family.
The Contractor shall:
a. Review monthly the itemized voucher and certify that the services authorized were
provided on the date indicated and the charges made were pursuant to the terms and
conditions of Exhibit A.
b. Return the signed prescribed voucher form to Social Services for payment.
Page 1 of 1
Contract No.: FY-03/04-TANF-015
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.: FY-03/04-TANF-015
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 of agency.
b. Have not, within a three-year period of preceding this Agreement,been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
Page 2 of 3
Contract No.: FY-03/04-TANF-015
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 (I)
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
Contract No.: FY-03/04-TANF-016
COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES AND TOWN OF WINDSOR
( ) Purchase of Tuition Assistance
(X ) Purchase of Recreational Services
( ) Purchase of Work Experience Services
This Agreement, made and entered into the th day of April 2004,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 Town of Windsor,hereinafter referred to as the "Contractor."
WITNESSETH
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the County of Weld,pursuant to the Weld County Home Rule Charter,has provided
Social Services fund resources for summer activities for Weld County's low-income children ages one through
seventeen years as identified by Social Services; and
WHEREAS, Social Services desires to enter into an agreement with the Contractor to assist Social Services
in providing recreational and educational services during the summer for children and youth who are members of
families receiving public assistance.
NOW THEREFORE, in consideration of the premises,the parties hereto
covenant and agree as follows:
1. Term
This Agreement shall become effective on April 15, 2004 upon proper execution of this Agreement and
will expire September 30, 2004. 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 September 30, 2004.
2. Scope of Services
Services shall be provided by the Contractor to any person(s) eligible for educational and recreational
activities during the summer in compliance with Exhibit A"Scope of Services," a copy of which is attached
and incorporated by reference.
Page 1 of 6
� COc( a45`
Contract No.: FY-03/04-TANF-016
3. Payment Schedule
a. Payment shall be made on the basis of Exhibit B, "Payment Schedule," a copy of which is attached
and incorporated by reference.
The Agreement Budget shall establish the maximum reimbursement which will be paid from
county funds during the duration of this agreement.
b. The Contractor shall submit an itemized monthly billing to Social Services for all costs incurred
pursuant to Exhibit A of this Agreement in accordance with criteria established by Social Services.
The Contractor shall submit all itemized monthly billings to the Social Services no later than the
fifteenth (15) day of the month following the month the cost was incurred. Billings must be
signed by the Contractor.
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. 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-
128.
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.
Page 2 of 6
Contract No.: FY-03/04-TANF-016
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 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. 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.
Page 3 of 6
Contract No.:FY-03/04-TANF-016
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.
11. Remedies
The Director of Social Services or designee may exercise the following remedial actions should s/he fund
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.
Page 4 of 6
Contract No.:FY-03/04-TANF-016
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 Don Shed, Director of Recreation
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:
Judy A. Griego, Director Don Shed,Director of Recreation
P.O. Box A 301 Walnut
Greeley, CO 80632 Windsor,Co 80550
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.
14. 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.
15. 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 9 herein.
Page 5 of 6
Contract No. FY03/04-TANF-016
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day, month, and year first
above written. ���
ATTEST: ,t" eti
Weld Count L.a �:. , ` BOARD OF COUNTY COMMISSIONERS
I WELD COUNTY,COLORADO
By �1 �cttfra) BY:
Deputy Cler to the , *wait'. Robert D. Masden, Chair APR 2 8 2004
APPR D AS TO FORM:
b CONTRACTOR
County At rney 7 Town of Windsor
By: 101'\ r--L.
WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES
By:
Direct
Page 6 of 6
9ccci Ic).4S
Contract No.: FY-03/04-TANF-016
EXHIBIT A
SCOPE OF SERVICES
1. Scope of Services
Social Services administers and funds summer activities under the Colorado Works Program, as a diversion
program, for children and youth ages one through seventeen and who are members of families who are
recipients of public assistance. The Contractor's services assist Social Services efforts in providing
educational and/or recreational services for Weld County's low-income children and youth. The activities
will be offered for the period April 2004 through September 2004. The purposes of these activities, in part,
are to:
0 prevent youth from entering the child welfare system
D support County Certified Foster Care Parents and Adoptive Parents with summer activities for
foster and adoptive children
promote a continuum of educational and community experiences through established recreation or
education programs in the summer
The Contractor agrees to provide educational and/or recreational services under the auspices of
governmental or authorized entities.
2. Eligible Children and Youth
Social Services shall be responsible for identifying children and youth who are eligible to be served by the
Contractor. The eligible youth and children include:
A. Children ages one through seventeen years of age; and
B. Children who are in families receiving TANF,Medicaid, and Food Stamps and have incomes
below 185%of poverty level; or
C. Children 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.
Page 1 of 1
Contract No.: FY-03/04-TANF-016
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. Fees for Services
Social Services agrees to pay the Contractor a rate not to exceed$125 per participant. The
Contractor agrees to charge Social Services the same rate per participant that the Contractor
charges for other participants who are receiving the same service.
3. Submittal of Vouchers
Social Services agrees to:
a. Provide the Contractor with written prior authorization of services to be purchased on
behalf of a child and/or youth.
b. Provide the Contractor with referral information including name and address of the child,
youth,or family.
The Contractor shall:
a. Review monthly the itemized voucher and certify that the services authorized were
provided on the date indicated and the charges made were pursuant to the terms and
conditions of Exhibit A.
b. Return the signed prescribed voucher form to Social Services for payment.
Page 1 of 1
Contract No.: FY-03/04-TANF-016
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.: FY-03/04-TANF-016
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 of agency.
b. Have not, within a three-year period of preceding this Agreement, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements,or receiving stolen property;
Page 2 of 3
Contract No.: FY-03/04-TANF-016
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
Contract No.: FY-03/04-TANF-017
COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES AND NORTH COLORADO THERAPY CENTER
( ) Purchase of Tuition Assistance
(X ) Purchase of Recreational Services
( ) Purchase of Work Experience Services
This Agreement, made and entered into the th day of April 2004,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 North Colorado Therapy Center,hereinafter referred to as the "Contractor."
WITNESSETH
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS,the County of Weld,pursuant to the Weld County Home Rule Charter, has provided
Social Services fund resources for summer activities for Weld County's low-income children ages one through
seventeen years as identified by Social Services; and
WHEREAS, Social Services desires to enter into an agreement with the Contractor to assist Social Services
in providing recreational and educational services during the summer for children and youth who are members of
families receiving public assistance.
NOW THEREFORE, in consideration of the premises, the parties hereto
covenant and agree as follows:
1. Term
This Agreement shall become effective on April 1,2004,upon proper execution of this Agreement and will
expire September 30, 2004. 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 September 30,2004.
2. Scope of Services
Services shall be provided by the Contractor to any person(s) eligible for educational and recreational
activities during the summer in compliance with Exhibit A"Scope of Services," a copy of which is attached
and incorporated by reference.
Page 1 of 6
o act ia.gS
Contract No.: FY-03/04-TANF-017
3. Payment Schedule
a. Payment shall be made on the basis of Exhibit B, "Payment Schedule," a copy of which is attached
and incorporated by reference.
The Agreement Budget shall establish the maximum reimbursement which will be paid from
county funds during the duration of this agreement.
b. The Contractor shall submit an itemized monthly billing to Social Services for all costs incurred
pursuant to Exhibit A of this Agreement in accordance with criteria established by Social Services.
The Contractor shall submit all itemized monthly billings to the Social Services no later than the
fifteenth (15) day of the month following the month the cost was incurred. Billings must be
signed by the Contractor.
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. 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-
128.
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.
Page 2 of 6
Contract No.: FY-03/04-TANF-017
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 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. 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.
Page 3 of 6
Contract No.: FY-03/04-TANF-017
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.
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.
Page 4 of 6
Contract No.: FY-03/04-TANF-017
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 Hope Cassiday,Director
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:
Judy A. Griego, Director Hope Cassiday,Director
P.O.Box A 2780 281h Ave.
Greeley,CO 80632 Greeley, Co 80634
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.
14. 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.
15. 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 9 herein.
Page 5 of 6
Contract No. FY03/04-TANF-017
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month,and year first
above written.
ATTEST: i . . i i L'.�i'�`Li�• /!i,
Weld County C to . •`a,. ♦ BOARD OF COUNTY COMMISSIONERS
_,.; , :•' WELD COUNTY, COLORADO
o 'kV Fie110_.
By: s By:ue, ,l A!Rs_l:' , ��
Deputy Clerk to theme Robert D. Masden, Chair APR 2 8 2004
APPROVE IZA$TO FORM:
� � l
CONTRACTOR
County Attu. y - North Colorado Therap Center ,
By: ` 4
WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES
By:
it or
Page 6 of 6
/ s—
Contract No.:FY-03/04-TANF-017
EXHIBIT A
SCOPE OF SERVICES
1. Scope of Services
Social Services administers and funds summer activities under the Colorado Works Program, as a diversion
program, for children and youth ages one through seventeen and who are members of families who are
recipients of public assistance. The Contractor's services assist Social Services efforts in providing
educational and/or recreational services for Weld County's low-income children and youth. The activities
will be offered for the period April 2004 through September 2004. The purposes of these activities, in part,
are to:
• prevent youth from entering the child welfare system
• support County Certified Foster Care Parents and Adoptive Parents with summer activities for
foster and adoptive children
• promote a continuum of educational and community experiences through established recreation or
education programs in the summer
The Contractor agrees to provide educational and/or recreational services under the auspices of
governmental or authorized entities.
2. Eligible Children and Youth
Social Services shall be responsible for identifying children and youth who are eligible to be served by the
Contractor. The eligible youth and children include:
A. Children ages one through seventeen years of age; and
B. Children who are in families receiving TANF,Medicaid, and Food Stamps and have incomes
below 185%of poverty level;or
C. Children 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.
Page 1 of 1
Contract No.: FY-03/04-TANF-017
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. Fees for Services
Social Services agrees to pay the Contractor a rate not to exceed$125 per participant. The
Contractor agrees to charge Social Services the same rate per participant that the Contractor
charges for other participants who are receiving the same service.
3. Submittal of Vouchers
Social Services agrees to:
a. Provide the Contractor with written prior authorization of services to be purchased on
behalf of a child and/or youth.
b. Provide the Contractor with referral information including name and address of the child,
youth,or family.
The Contractor shall:
a. Review monthly the itemized voucher and certify that the services authorized were
provided on the date indicated and the charges made were pursuant to the terms and
conditions of Exhibit A.
•
b. Return the signed prescribed voucher form to Social Services for payment.
Page 1 of 1
Contract No.: FY-03/04-TANF-017
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.: FY-03/04-TANF-017
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 of agency.
b. Have not, within a three-year period of preceding this Agreement, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
Page 2 of 3
Contract No.:FY-03/04-TANF-017
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.
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Contract No.: FY-03/04-TANF-018
COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES AND CITY OF FT. LUPTON
( ) Purchase of Tuition Assistance
(X ) Purchase of Recreational Services
( ) Purchase of Work Experience Services
This Agreement, made and entered into the th day of April 2004,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 City of Ft. Lupton,hereinafter referred to as the "Contractor."
WITNESSETH
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS,the County of Weld,pursuant to the Weld County Home Rule Charter,has provided
Social Services fund resources for summer activities for Weld County's low-income children ages one through
seventeen years as identified by Social Services;and
WHEREAS, Social Services desires to enter into an agreement with the Contractor to assist Social Services
in providing recreational and educational services during the summer for children and youth who are members of
families receiving public assistance.
NOW THEREFORE,in consideration of the premises,the parties hereto
covenant and agree as follows:
1. Term
This Agreement shall become effective on April 15, 2004, upon proper execution of this Agreement and
will expire September 30, 2004. 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 September 30,2004.
2. Scope of Services
Services shall be provided by the Contractor to any person(s) eligible for educational and recreational
activities during the summer in compliance with Exhibit A "Scope of Services," a copy of which is attached
and incorporated by reference.
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Contract No.: FY-03/04-TANF-018
3. Payment Schedule
a. Payment shall be made on the basis of Exhibit B, "Payment Schedule," a copy of which is attached
and incorporated by reference.
The Agreement Budget shall establish the maximum reimbursement which will be paid from
county funds during the duration of this agreement.
b. The Contractor shall submit an itemized monthly billing to Social Services for all costs incurred
pursuant to Exhibit A of this Agreement in accordance with criteria established by Social Services.
The Contractor shall submit all itemized monthly billings to the Social Services no later than the
fifteenth (15) day of the month following the month the cost was incurred. Billings must be
signed by the Contractor.
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. 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-
128.
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.
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Contract No.: FY-03/04-TANF-018
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 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. 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.
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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.
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.
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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 Monte Schuman,Recreation Director
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:
Judy A. Griego,Director Imogene Yokeeii
P.O.Box A Ft.Lupton Recreation Department
Greeley,CO 80632 203 South Harrison
Ft. Lupton,CO 80621
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.
14. 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.
15. 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 9 herein.
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Contract No.: FY-03/04-TANF-018
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month, and year first
above written. /
ATTEST: l /�,
Weld County CI to " :o:•;= `E�J BOARD OF COUNTY COMMISSIONERS
f ` WELD COUNTY,COLORADO
issi a ;
stO ;11:2
,,)4 4 ti‘kk. -
Deputy Clerk to th NI Robert D.Masden,Chair APR 2 8 2004
�rrl
APPROVED AS TO FORM:
' CONTRACTOR
' cunty tto ey City of Ft Lupton
By: ///
WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES
By:
D. for
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Contract No.: FY-03/04-TANF-018
EXHIBIT A
SCOPE OF SERVICES
1. Scope of Services
Social Services administers and funds summer activities under the Colorado Works Program, as a diversion
program, for children and youth ages one through seventeen and who are members of families who are
recipients of public assistance. The Contractor's services assist Social Services efforts in providing
educational and/or recreational services for Weld County's low-income children and youth. The activities
will be offered for the period April 2004 through September 2004. The purposes of these activities, in part,
are to:
prevent youth from entering the child welfare system
0 support County Certified Foster Care Parents and Adoptive Parents with summer activities for
foster and adoptive children
0 promote a continuum of educational and community experiences through established recreation or
education programs in the summer
The Contractor agrees to provide educational and/or recreational services under the auspices of
governmental or authorized entities.
2. Eligible Children and Youth
Social Services shall be responsible for identifying children and youth who are eligible to be served by the
Contractor. The eligible youth and children include:
A. Children ages one through seventeen years of age;and
B. Children who are in families receiving TANF, Medicaid, and Food Stamps and have incomes
below 185%of poverty level; or
C. Children 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.
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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. Fees for Services
Social Services agrees to pay the Contractor a rate not to exceed$125 per participant. The
Contractor agrees to charge Social Services the same rate per participant that the Contractor
charges for other participants who are receiving the same service.
3. Submittal of Vouchers
Social Services agrees to:
a. Provide the Contractor with written prior authorization of services to be purchased on
behalf of a child and/or youth.
b. Provide the Contractor with referral information including name and address of the child,
youth,or family.
The Contractor shall:
a. Review monthly the itemized voucher and certify that the services authorized were
provided on the date indicated and the charges made were pursuant to the terms and
conditions of Exhibit A.
b. Return the signed prescribed voucher form to Social Services for payment.
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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.
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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 of agency.
b. Have not, within a three-year period of preceding this Agreement,been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements,or receiving stolen property;
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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.
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