HomeMy WebLinkAbout981237.tiff RESOLUTION
RE: APPROVE EMPLOYMENT FIRST PROGRAM INTRA-GOVERNMENTAL
AGREEMENT BETWEEN WELD COUNTY DEPARTMENTS OF SOCIAL SERVICES
AND HUMAN SERVICES 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 an Employment First Program Intra-
Governmental Agreement 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 Weld County Division on Human Services, commencing July 1, 1998, and ending
June 30, 2001, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, ex-officio Board of Social Services, that the Employment First Program
Intra-Governmental Agreement 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 Weld County Division on Human Services be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of July, A.D., 1998, nunc pro tunc July 1, 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: I Is.'•f/;.^tI % EXCUSED DATE OF SIGNING
o
C J , Constance L. Harbert, Chair
Weld County Clerk • the ' �+;+
f
/ / .1411�' 1 -
I um it. 3 V(,),e/(47'
� �• � W. H. ebster, Pro T m
BY: �� •% ��._�.;'`1, t
Deputy Clerk to t'ri i �\f
��� Geor E. Baxter
_ g
OV S FORM. ) j/
Dale K. Hall
unty Att ney EXCUSED DATE OF SIGNING
Barbara J. Kirkmeyer
981237
O6 •° SS f SS0024
410. 141T:1111"
DEPARTMENT OF SOCIAL SERVICES
P.O. BOX A
- GREELEY, COLORADO 80632
' Administration and Public Assistance (970) 352-1551
Child Support(970) 352-6933
O Protective and Youth Services (970) 352-1923
• MEMORANDUM Food Stamps(970) 356-3850
COLORADO Fax (970) 353-5215
TO: Constance L. Harbert, Chair Date: July 5, 1998
Board of County Commissioners
FR: Judy A. Griego,Director, Social Services /
RE: Employment First Program Intra-Governm. tal Agreement
Between the Weld County Department of Social Services and
the Weld County Division of Human Services
Enclosed for Board approval is an Employment First Program Intra-Governmental Agreement between
the Weld County Department of Social Services and the Weld County Division of Human Services.
The major provisions of the Agreement are as follows:
1. The term of the agreement is July 1, 1998 through June 30, 2001.
2. The Employment Services of Weld County of the Weld County Division of Human Services will
assess Food Stamp recipients,recommend supportive services for participants, and provide Food
Stamp Job Search activities for Food Stamp recipients of Social Services. These activities will
be under the Employment First Program.
3. Social Services agrees to reimburse the Employment Services yearly a maximum of$80,000 in
100%Federal funds and $40,000 in 80%Federal/State funds and 20% local funds. The funding
levels will be subject to the final allocation amounts determined by the Colorado Department of
Human Services in our annual application or update.
4. Employment Services agrees to provide to Social Services a total of$35,000 in 100% local in-
kind match in operating and personnel costs; $15,000 in Workfare in-kind; and $15,000 in
enhanced funding from the Food Stamp Workfare savings.
If you have any questions, please telephone me at extension 6510.
qgj3 7
CONTRACT NO: FY98-2000-EF-2003
EMPLOYMENT FIRST PROGRAM
INTRA-GOVERNMENTAL AGREEMENT
BETWEEN WELD COUNTY DEPARTMENT OF SOCIAL SERVICES AND
WELD COUNTY DIVISION OF HUMAN SERVICES
This Agreement,made and entered into this 1st day of July 1998,by and between the Weld County
Department of Social Services,hereinafter referred to as "Social Services," and the Weld County Division
of Human Services, on behalf of the Employment Services of Weld County, hereinafter referred to as
"Employment Services."
WITNESSETH;
WHEREAS,authority exists in the Law and funds have been budgeted,appropriated and otherwise
made available,and a sufficient unencumbered balance thereof remains available for payment in Contract
Encumbrance Number FY98-2000-EY-2003; and
WHEREAS,required approval,clearance and coordination have been accomplished from and with
appropriate agencies; and
WHEREAS,the Federal Hunger Act of 1988 Public Law 100-435 created the Employment First
program also know as the Food Stamp Job Search program to assist food stamp recipients to locate
employment for purposes of self-sufficiency; and
WHEREAS,the Employment First program is administered nationally by the Food and Nutrition
Service of the United States Department of Agriculture,through Colorado Departments of Human Services
and its county departments of social services; and
WHEREAS, Employment Services prepares an annual application or update for review and
approval by Social Services; and
WHEREAS, The Colorado Department of Human Services and the Board of Weld County
Commissioners approves an annual application or update for each Fiscal Year 1998 through Fiscal Year
2000 for the Weld County Employment First Program, submitted by the Weld County Department of Social
Services,and
WHEREAS,Social Services has selected Employment Services as a service provider because of past
performance in providing similar services,demonstrated effectiveness,fiscal accountability,cost efficiency,
and ability to meet performance standards as set forth in the Agreement; and
1 of 10
CONTRACT ENCUMBRANCE NUMBER: FY98-2000-EF-2003
EMPLOYMENT FIRST PROGRAM
INTRA-GOVERNMENTAL AGREEMENT
WHEREAS,Social Services has ensured that such services or activities provided under this contract
are not otherwise available to Employment First participants on a non-reimbursable basis; and
WHEREAS, Social Services and Employment Services are both governed by the Board of Weld
County Commissioners.
NOW THEREFORE, in consideration of the premises and covenants and agreements contained
herein,the parties hereto covenant and agree as follows:
1. Term
This Agreement shall remain in effect indefinitely and is subject to the availability of funding. The
Agreement will be reviewed annually or as needed by both parties and is subject to paragraphs 16
and 20 herein.
The term for funding by Social Services to Employment Services shall be for July 1, 1998, and
ending June 30,2001.
The term for funding is subject to the provisions of paragraph 5,6,7, 10,and 16 herein.
2. Geographic Areas to be Served
Employment First Program services shall be provided to food stamp recipients who reside in Weld
County and are determined eligible by Social Services, to participate in the Weld County
Employment First Program.
3. Employment Services Functions
A. Determine the time and dates for assessment and Food Stamp Job Search component
activities so Social Services may refer participants to the Food Stamp Job Search Program.
B. Provide an initial assessment of Food Stamp Job Search participants to determine the best
component based on their employment needs.
C. Develop,monitor,and implement Food Stamp Job Search components as described in the
Weld County Food Stamp Job Search Plan.
D. Complete all necessary client agreements and related paperwork for job component
2 of 10
CONTRACT ENCUMBRANCE NUMBER: FY98-2000-EF-2003
EMPLOYMENT FIRST PROGRAM
INTRA-GOVERNMENTAL AGREEMENT
activities.
E. Assess and recommend additional supportive services for participants needed to continue
the program. Provide participants with the required transportation vouchers or bus tokens
needed to participate in Employment First.
F. Determine and evaluate if participants are progressing satisfactorily in the program
components,by conducting follow-up appointments with participants.
G. Issue necessary documentation to support participant non-cooperation to Food Stamp
Department of Social Services.
H. Provide proper invoices and verification of services performed for costs incurred in the
performance of this agreement. Billings must be submitted on a quarterly basis as per the
requirements of the funding grants.
I. Issue necessary change form information or information requests to the Food Stamp
Department of Social Services.
J. Determination of exemption status after referral to the Employment First program,based
on Volume IV-B Manual regulations.
K. Provide a quarterly report identifying total number of referred,enrolled,sanctions,cured
through process and cost of supportive services(transportation and day care). Reports will
be provided by the Colorado Department of Human Services and forwarded to Weld
County Employment Services.
L. Provide Employment First Program services in South County on a weekly basis.
M. Attend Employment First meetings with Social Services as needed.
N. Provide 100%in-kind match and submit a quarterly report identifying the type and total
in-kind amounts.
4. Social Services Functions
A. Provide overall program administration of the Weld County Food Stamp Job Search
Program as outlined in Volume IV-B Section B-4215 of the Colorado Department of Social
3 of 10
CONTRACT ENCUMBRANCE NUMBER: FY98-2000-EF-2003
EMPLOYMENT FIRST PROGRAM
INTRA-GOVERNMENTAL AGREEMENT
Services Food Stamp regulations.
B. Implement actions involving Food Stamp applicants and recipients,including:
1. Determination of mandatory status
2. Determination of good cause for failure or refusal to
participate
3. Determination of exemption status prior to referral
4. Providing notice of actions affecting eligibility for Food Stamps
5. Providing fair hearings and final agency action
C. Referral of Food Stamp applicants and recipients to Employment Services for purposes of
Food Stamp Job Search participation.
D. Provide training to Employment Services in the operation of the Food Stamp Job Search
Program and related activities through the Colorado Department of Human Services.
E. Process vouchers and billing submitted and provide funding to Employment Services for
services rendered.
F. Provide the initial information and orientation material for Food Stamp Job Search
participants as prescribed in Volume IV-B. Fill out JSSU 102 and schedule appointment
date with Employment First Program. Hand out an explanation of form FS 62 Colorado
Food Stamp Job Search work registration rights and responsibilities.
G. Provide to Employment Services unit information regarding address and income changes.
H. Provide same level of referral services to Employment Services program within southern
Weld County.
I. Attend,at a minimum,monthly Employment First meetings with the Employment Services
unit.
J. Provide for transportation and day care expenses associated with client participation.
5. Scope of Services and Payment Schedule
Employment Services will continue to amend the Social Services' Employment First plan, in
4 of 10
CONTRACT ENCUMBRANCE NUMBER: FY98-2000-EF-2003
EMPLOYMENT FIRST PROGRAM
INTRA-GOVERNMENTAL AGREEMENT
accordance with policies and procedures developed by the Weld County Department of Social
Services and as requested by the Colorado Department of Human Service. In consideration for the
monies and negotiated funding and programmatic criteria to be received from Social Services,
Employment Services shall do, perform and carry out, in a satisfactory and proper manner, as
determined by Social Services, all work elements as indicated in paragraphs 3 and 8. Work
performed prior to the execution of this Contract shall not be considered part of this Project.
6. Funding and Method of Payment
Social Services agrees to reimburse to Employment Services, in consideration for the work and
services performed during FY1998-2000 under the Weld County Employment First Program,a total
amount not to exceed as follows:
An amount per year not to exceed the lesser of the amount allocated from the Colorado Department
of Human Services or Eighty Thousand Dollars and Zero Cents($80,000.00)in 100%federal funds
and Fifty Thousand Dollars and Zero Cents($50,000.00)in 80% federal and state funds and 20%
in local funds.
The funding levels will be modified in the fourth quarter to reflect the final allocation amount
determined by the Colorado Department of Human Services.
Expenses incurred by Employment Services,in association with said project prior to the term of this
Agreement,are not eligible Employment First expenditures and shall not be reimbursed by Social
Services.
Payment pursuant to this Contract, if in federal or state funds, whether in whole or in part, is
subject to and contingent upon the continuing availability of federal or state 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.
7. In-Kind Match
Employment Services agrees to provide to Social Services total of Thirty-Five Thousand Dollars and
Zero Cents ($35,000.00) in 100% local in-kind in the form of operating and personnel costs.
Employment Services also agrees to provide Fifteen Thousand Dollars and Zero Cents($15,000.00)
in Workfare in-kind and Fifteen Thousand Dollars and Zero Cents($15,000.00)will be in enhanced
funding from the Food Stamp Workfare savings. Modification to this amount may occur during
each program year and Employment First will be responsible for a submitting a plan modification
5 of 10
CONTRACT ENCUMBRANCE NUMBER: FY98-2000-EF-2003
EMPLOYMENT FIRST PROGRAM
INTRA-GOVERNMENTAL AGREEMENT
to Social Services no later than June 30,of that program year.
Employment Services agrees to submit the specific forms,provided by Social Services,for billing
and in-kind documentation. All in-kind match and its appropriate documentation must be provided
to and received by Social Services no later than September 30th,for the next three years 1998, 1999
and 2000.
8. Program Services/Components
Employment Services shall provide/and or approve the following activities:
Components
A. English as a Second/Literacy
B. Adult Basic Education
C. GED
E. Post Secondary Education
F. Food Stamp Workfare
G. Employability Classes
H. Vocational Training
I. Other Components
Employment Services agrees to meet,to the best of its ability,the performance measures and weights
to measure success with clients,as determined by the United States Department of Agriculture and
the Colorado Department of Human Services.
The definition and scope of services to be delivered under the program components are established,
through the rule making process,by the Colorado Department of Human Services.
9. Financial Management
At all times from the effective date of this Contract until completion of this Contract,Employment
Services 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 the Employment Services must conform to the Single
Audit Act of 1984 and OMB Circular A-128.
10. Payment Method
6 of 10
q8/ 37
CONTRACT ENCUMBRANCE NUMBER: FY98-2000-EF-2003
EMPLOYMENT FIRST PROGRAM
INTRA-GOVERNMENTAL AGREEMENT
Unless otherwise provided in the Scope of Services and Payment Schedule:
A. The Contractor shall provide proper quarterly invoices and verification of services
performed for costs incurred in the performance of this agreement.
B. Social Services may withhold any payment if the Contractor has failed to comply with the
Financial Management Requirements,program objectives,contractual terms,or reporting
requirements.
11. Program Reports
Monthly Programmatic Status Report. provided by the Colorado Department of Human Services,
shall be submitted by Employment Services to the Department one (1) copy of the Monthly
Programmatic Status Report in the manner and method prescribed by Social Services.
12. Assurances
Employment Services shall abide by all assurances as set forth in the attached Exhibit A,which is
attached hereto and incorporated herein by reference.
13. Applicable Laws
Employment Services shall at all times during the execution of this Agreement strictly adhere to all
applicable federal and state laws and implementing regulations as they currently exist and may
hereafter be amended. This includes 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 Agreement. Employment Services acknowledges that the following
laws are included.
Title VI of the Civil Rights Acto of 1964, 42 U.S.C. Sections 1000d-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 implementing
regulation,45 C.F.R.Part 91; and
Title VII of the Civil Rights Action of 1964; and
The Age Discrimination in Employment Act of 1967; and
The Equal Pay Act of 1963; and
7 of 10
9,?/ a 31
CONTRACT ENCUMBRANCE NUMBER: FY98-2000-EF-2003
EMPLOYMENT FIRST PROGRAM
INTRA-GOVERNMENTAL AGREEMENT
the Education Amendments of 1972; and
Immigration Reform and Control Act of 1986,P.L.99-603
Employment Services shall at all times during the execution of the Agreement strictly adhere to all
regulations applicable to these laws prohibiting discrimination because of race, color, national
origin,age,sex,religion and disability,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 is 45 CFR,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.
14. Licenses/Approvals/Insurance
Employment Services certifies that,at the time of entering into this Agreement,it has currently in
effect all necessary licenses,approvals,and/or supplies covered by this Agreement.
15. Monitoring and Evaluation
The Employment Services and Social Services agree that monitoring and evaluation of the
performance of this Agreement shall be conducted by the Colorado Department of Human Services
other appropriate funding sources,the Employment Services,and Social Services. The results of
the monitoring and evaluation shall be provided to the Board of Weld County Commissioners.
The Employment Services shall permit the Colorado Department of Human Services, the U.S.
Department of Agriculture, and any other duly authorized agent or governmental agency, to
monitor all activities conducted by and pursuant to the terms of this Agreement. As the monitoring
agency may in its sole discretion deem necessary or appropriate,such monitoring may consist of
internal evaluation procedures,examination of 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.
16. Modification of Agreement
All modifications of this Agreement shall be in writing and signed by both parties.
17. Representatives
8 of 10
Qyi237
CONTRACT ENCUMBRANCE NUMBER: FY98-2000-EF-2003
EMPLOYMENT FIRST PROGRAM
INTRA-GOVERNMENTAL AGREEMENT
For the purposes 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 Employment Services:
Rich Rowe,Assistance Payments Admin.VI. Linda Perez.Director Name
Title Name Title
18. Notice
All notice 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 Employment Services:
Judy A.Griego,Director Walter Speckman,Executive Director
P.O.Box A P.O.Box 1805
Greeley,CO 80632 Greeley,CO 80632
19. Litigation
Employment Services shall promptly notify Social Services in the event that Employment Services
learns of any actual litigation in which it is a party defendant in a case that involved services
provided under this Agreement. Employment Services,within five(5)calendar days after being
served with a summons, complaint,or other pleading which as 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 or creditors, and filing in
bankruptcy,reorganization and/or foreclosure.
20. Remedies
The Director of Social Services or designee may exercise the following remedial actions should she/he
find Employment Services 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 Employment Services. These remedial actions are as follows:
a. withhold payment to Employment Services until the necessary services or corrections in
performance are satisfactorily completed;
9 of 10
Qi; 37
CONTRACT ENCUMBRANCE NUMBER: FY98-2000-EF-2003
EMPLOYMENT FIRST PROGRAM
INTRA-GOVERNMENTAL AGREEMENT
b. deny payment or recover reimbursement for those services or deliverable which have not
been performed and which due to circumstances caused by Employment Services cannot
be performed or if performed would be of no value to Social Services. Denial of the amount
of payment shall be reasonable related to the amount of work or deliverable lost to Social
Services.
c. incorrect payments to Employment Services due to omission, error, fraud, and/or
defalcation shall be recovered from Employment Services by deduction from subsequent
payments under this Agreement or other agreements between Social Services and
Employment Services,or by Social Services as a debt due to Social Services or otherwise
as provided by law.
21. 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 16 herein.
IN WITNESS HEREOF, the parties hereto have duly executed the Agreement as of the day,
willmonth,and ye.ii 1'i` ••�•'kn.
4) 4, t,
ATTEST: ,',PI j� �% / BOARD OF WELD COUNTY COMMISSIONERS
Weld ' 1 % et. t 1 A 7 i 1 WELD COUNTY,COLORADO
1 '• 1'%-,is;' - i
By: aii
. ..►�►.al�i►..•. .4,. _� By: ,
Deputy �_: ✓ _ Constance L.Harbert,Chair t./I g
WELD COUNTY DIVISION OF WELD COUNTY DEPARTMENT OF
HUMAN SERVICES SOCIAL SERVICES
W . peckman,Executive Director Judy .Grieg Directo
10 of 10
CONTRACT ENCUMBRANCE NUMBER: FY98-2000-EF-2003
EMPLOYMENT FIRST PROGRAM
INTRA-GOVERNMENTAL AGREEMENT
EXHIBIT A
ASSURANCES
1. 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.
2. 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.
3. If any section,subsection,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.
4. 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.
5. The Employment Services 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.
6. The Employment Services 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.
7. All such records,documents,communications,and other materials shall be the property of Social
Services and shall be maintained by Employment Services,in a central location and custodian,in
behalf of Social Services,for a period of three(3)years from the date of final payment under this
Contract, or for such further period as may be necessary to resolve any matters which may be
pending,or until an audit has been completed with the following qualification; if an audit by or on
behalf of the federal and/or state government has begun but is not completed at the end of the three
1 of 4
CONTRACT ENCUMBRANCE NUMBER: FY98-2000-EF-2003
EMPLOYMENT FIRST PROGRAM
INTRA-GOVERNMENTAL AGREEMENT
(3)year period,or if audit findings have not been resolved after a three(3)year period,they shall
retain the materials until the resolution of the audit finding.
8. The Employment Services 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, Employment Services, and Social Services. The results of the
monitoring and evaluation activities shall be provided to the appropriate and interested parties.
9. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal
representatives,and assigns. The Employment Services or Social Services may not assign any of its
rights or obligations hereunder without the prior written consent of both parties.
10. The Employment Services certifies that Federal appropriated funds have not been paid or will be
paid, by or on behalf of the Employment Services,to any person for influencing or attempting to
influence an officer or employee of an agent, 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.
11. The Employment Services assures that it will fully comply with the Federal Hunger Act regulations
promulgated,and all other applicable Federal and state laws,rules and regulations. Employment
Services understands that the source of funds to be used under this Agreement is: Employment
First Program funds.
12. Employment Services assures and certifies that it and its principles:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a Federal department or agency;
b. Have not,within a three-year period 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,
2 of 4
92,a37
CONTRACT ENCUMBRANCE NUMBER: FY98-2000-EF-2003
EMPLOYMENT FIRST PROGRAM
INTRA-GOVERNMENTAL AGREEMENT
falsification or destruction of records,making false statements,or receiving stolen property;
c. Are not presently indicated 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.
13. 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 form 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 Employment Services 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,Employment Services 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 Employment Services.
14. Employment Services shall protect the confidentiality of all applicant records and other materials
that are maintained in accordance with this Contract. Except for purposes directly connected with
the administration of the Employment First Program,no information about or obtained from any
applicant/recipient in possession of Employment Services shall be disclosed in a form identifiable
with the applicant/recipient or a minor's parent or guardian. Employment Services shall have
written policies governing access to, duplication and dissemination of, all such information.
Employment Services shall advise its employees,agents and subcontractors, if any, that they are
subject to these confidentiality requirements. Employment Services 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.
15. 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.
3 of 4
9i ?37
CONTRACT ENCUMBRANCE NUMBER: FY98-2000-EF-2003
EMPLOYMENT FIRST PROGRAM
INTRA-GOVERNMENTAL AGREEMENT
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.
Apay\ef2001.wps 4 of 4
g?Id37
Hello