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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Colorado Works Summer Activities Program Agreements
DEPARTMENT: Human Services DATE: April 9, 2024
PERSON REQUESTING: Jamie Ulrich, Director, Human Services
Brief description of the problem/issue: The Department is requesting to enter into Agreements with various
educational and recreational entities to provide activities through the Colorado Works Summer Youth Activities
Program, also known as the Summer Voucher Program (SVP). This program allows eligible children to receive a
$175.00 voucher to be used for summer education or recreation activities. The goals of this program include
preventing youth from entering the child welfare system, supporting county certified foster care parents and
adoptive parents with summer activities, and promoting a continuum of educational, physical activity and
community experiences through established recreation or education programs in the summer.
The following providers have expressed interest in participating, however, this is not an exhaustive list and
additional providers maybe added.
.• City of Greeley— Recreation Division
• Greeley Evans Youth Baseball League
• City of Evans Recreation District
• Carbon Valley Parks and Recreation District
• City of Fort Lupton - Recreation Center
• Thompson Rivers Parks & Recreation District
The term of these agreements will be for the period of April 1, 2024 through June 14, 2024.
What options exist for the Board?
• Approval of the Colorado Works Summer Activities Program Agreements.
• Deny approval of the Colorado Works Summer Activities Program Agreements.
Consequences: There will not be Colorado Works Summer Activities Program Agreements in place.
Impacts: DHS clients will not be provided the opportunity to participate in the Colorado Works Summer
Activities Program.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
• Total cost = Up to $175.00 per eligible youth.
• Funded through Temporary Aide for Needy Families (TANF) Grant funding.
Pass -Around Memorandum; April 9, 2024 — CMS ID Various
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Recommendation:
• Approval of the Agreements and authorize the Chair to sign.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro -Tern
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Seine
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Pass -Around Memorandum; April 9, 2024 - CMS ID Various
AGREEMENT FOR RECREATIONAL/EDUCATION SERVICES
FOR COLORADO WORKS SUMMER ACTIVITIES PROGRAM
BETWEEN WELD COUNTY
AND
CITY OF GREELEY - RECREATION DIVISION
THIS AGREEMENT is made and entered into this 22 day of Apvk 1 , 2024, by and between the
County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County
Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County,"
and City of Greeley — Recreation Division, hereinafter referred to as "Provider".
WHEREAS, the County provides supportive services to eligible children and juveniles who need
educational and/or recreational activities as outlined in its Colorado Works Plan for Weld County, and
WHEREAS, the County is in need of recreational and educational providers to assist County in providing
Summer Activity Programs to eligible children and juveniles,
WHEREAS, the Provider has educational or recreational activities available for eligible children and
juveniles of County at fees, which is set forth within this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties
hereto agree as follows:
1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibit
A, Scope of Services and Rate Schedule, and Attachment A, Release of Liability, which forms an integral part
of this Agreement Exhibit A and Attachment A are specifically incorporated herein by this reference.
2. Service or Work. Provider agrees to diligently provide all services, labor, personnel, and materials necessary
to perform and complete the work described in the attached Exhibit. Provider shall further be responsible
for the timely completion and acknowledges that a failure to comply with the standards and requirements
of work within the time limits prescribed by the County may result in the County's decision to withhold
payment or to terminate this Agreement.
3. Term. The term of this Agreement shall be from April 1, 2024, through June 14, 2024, or Provider's
completion of the responsibilities described in Exhibit A.
4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30)
days written notice to Provider. Either Party may immediately terminate this Agreement upon material
breach of the other party, however the breaching party shall have fifteen (15) days after receiving such
notice to cure such breach. If this Agreement is terminated by County, Provider shall be compensated for,
and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has
submitted and which have been approved by the County; (2) the reasonable value to County of the services
which Provider provided prior to the date of the termination notice, but which had not yet been approved
for payment; and (3) the cost of any work which the County approves in writing which it determines is
needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material
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generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County,
Provider shall have no claim of any kind whatsoever against the County by reason of such termination or by
reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or
materials described herein properly delivered.
5. Extension or Amendment. Any amendments or modifications to this Agreement shall be in writing signed
by both parties. No additional services or work performed by Provider shall be the basis for additional
compensation unless and until Provider has obtained written authorization and acknowledgement by
County for such additional services. Accordingly, no claim that the County has been unjustly enriched by
any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any
increase in the compensation payable hereunder. In the event that written authorization and
acknowledgment by the County for such additional services is not timely executed and issued in strict
accordance with this Agreement, Provider's rights with respect to such additional services shall be deemed
waived and such failure shall result in non-payment for such additional services or work performed. Any
claims by the Provider for adjustment hereunder must be made in writing prior to performance of any work
covered in the anticipated Amendment, unless approved and documented otherwise by the County
Representative. Any change in work made without such prior Amendment shall be deemed covered in the
compensation and time provisions of this Agreement, unless approved and documented otherwise by the
County Representative.
6. Compensation/Contract Amount. County agrees to pay an amount no greater than $175.00 per participant
for the term of this Agreement, as set forth in Paragraph 3. County agrees to pay Provider through an invoice
process during the course of this Agreement in accordance with the terms described in Exhibit A. Provider
agrees to submit invoices which detail the work completed by Provider. The County will review each invoice
and if it agrees Provider has completed the invoiced items to the County's satisfaction, it will remit payment
to Provider.
Provider agrees to work within the confines outlined in Exhibit A.
County will not withhold any taxes from monies paid to the Provider hereunder and Provider agrees to
be solely responsible for the accurate reporting and payment of any taxes related to payments made
pursuant to the terms of this Agreement.
7. Independent Provider. Provider agrees that it is an independent contractor and that Provider's officers,
agents or employees will not become employees of County, nor entitled to any employee benefits from
County as a result of the execution of this Agreement. Provider shall perform its duties hereunder as an
independent contractor. Provider shall be solely responsible for its acts and those of its agents and
employees for all acts performed pursuant to this Agreement. Provider, its employees and agents are not
entitled to unemployment insurance or workers' compensation benefits through County and County shall
not pay for or otherwise provide such coverage for Provider or any of its agents or employees.
Unemployment insurance benefits will be available to Provider and its employees and agents only if such
coverage is made available by Provider or a third party. Provider shall pay when due all applicable
employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this
Agreement.
8. Subcontractors. Provider acknowledges that County has entered into this Agreement in reliance upon the
particular reputation and expertise of Provider. Provider shall not enter into any subcontractor agreements
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for the completion of the Work without County's prior written consent, which may be withheld in County's
sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to
the work during the performance of this Agreement and no personnel to whom County has an objection, in
its reasonable discretion, shall be assigned to the work. Provider shall require each subcontractor, as
approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to
Provider by the terms of this Agreement, and to assume toward Provider all the obligations and
responsibilities which Provider, by this Agreement, assumes toward County. County shall have the right (but
not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Provider
and Provider shall cooperate in such process. The Provider shall be responsible for the acts and omissions
of its agents, employees and subcontractors.
9. Ownership. All work and information obtained by Provider under this Agreement or individual work order
shall become or remain (as applicable), the property of County. In addition, all reports, documents, data,
plans, drawings, records and computer files generated by Provider in relation to this Agreement and all
reports, test results and all other tangible materials obtained and/or produced in connection with the
performance of this Agreement, whether or not such materials are in completed form, shall at all times be
considered the property of the County. Provider shall not make use of such material for purposes other than
in connection with this Agreement without prior written approval of County.
10. Confidentiality. Confidential information of the Provider should be transmitted separately from non -
confidential information, clearly denoting in red on the relevant document at the top the word,
"CONFIDENTIAL." However, Provider is advised that as a public entity, Weld County must comply with the
provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records,
and cannot guarantee the confidentiality of all documents. Provider agrees to keep confidential all of
County's confidential information. Provider agrees not to sell, assign, distribute, or disclose any such
confidential information to any other person or entity without seeking written permission from the County.
Provider agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature
of this confidential information and of the restrictions imposed by this Agreement.
11. Warranty. Provider warrants that the services performed under this Agreement will be performed in a
manner consistent with the standards governing such services and the provisions of this Agreement.
Provider further represents and warrants that all services shall be performed by qualified personnel in a
professional and workmanlike manner, consistent with industry standards, and that all services will conform
to applicable specifications.
12. Acceptance of Services Not a Waiver. Upon completion of the Work, Provider shall submit to County
originals of all test results, reports, etc., generated during completion of this work. Acceptance by County
of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Provider of
responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder
constitute or be construed to be a waiver by County of any breach of this Agreement or default which may
then exist on the part of Provider, and County's action or inaction when any such breach or default exists
shall not impair or prejudice any right or remedy available to County with respect to such breach or default.
No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the
Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or
payment for, the work completed under this Agreement shall not be construed as a waiver of any of the
County's rights under this Agreement or under the law generally.
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13. Indemnity. The Provider shall defend, indemnify and hold harmless County, its officers, agents, and
employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or
omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement
or on account of any act, claim or amount arising or recovered under workers' compensation law or arising
out of the failure of the Provider to conform to any statutes, ordinances, regulation, judicial decision, or
other law or court decree. The Provider shall be fully responsible and liable for any and all injuries or damage
received or sustained by any person, persons, or property on account of its performance under this
Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Provider will
be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity
applies. In consideration of the award of this contract, the Provider agrees to waive all rights of subrogation
against the County its associated and/or affiliated entities, successors, or assigns, its elected officials,
trustees, employees, agents, and volunteers for losses arising from the work performed by the Provider for
the County. A failure to comply with this provision shall result in County's right to immediately terminate
this Agreement.
14. Non -Assignment. Provider may not assign or transfer this Agreement or any interest therein or claim
thereunder, without the prior written approval of County. Any attempts by Provider to assign or transfer its
rights hereunder without such prior approval by County shall, at the option of County, automatically
terminate this Agreement and all rights of Provider hereunder. Such consent may be granted or denied at
the sole and absolute discretion of County.
15. Examination of Records. To the extent required by law, the Provider agrees that a duly authorized
representative of County, including the County Auditor, shall have access to and the right to examine and
audit any books, documents, papers and records of Provider, involving all matters and/or transactions
related to this Agreement. Provider agrees to maintain these documents for three years from the date of
the last payment received.
16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to
deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause
beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes
or Governmental actions.
17. Compliance with Law. Provider shall strictly comply with all applicable federal and State laws, rules and
regulations in effect or hereafter established, including without limitation, laws applicable to discrimination
and unfair employment practices.
18. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Providers
or persons to perform services of the same or similar nature.
19. Entire Agreement/Modifications. This Agreement including the Exhibit attached hereto and incorporated
herein, contains the entire agreement between the parties with respect to the subject matter contained in
this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or
agreements with respect to the subject matter contained in this Agreement. This Agreement may be
changed or supplemented only by a written instrument signed by both parties.
20. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this
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Agreement by County does not create an obligation on the part of County to expend funds not otherwise
appropriated in each succeeding year.
21. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The
signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal
or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement.
22. Survival of Termination. The obligations of the parties under this Agreement that by their nature would
continue beyond expiration or termination of this Agreement (including, without limitation, the warranties,
indemnification obligations, confidentiality and record keeping requirements) shall survive any such
expiration or termination.
23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable
by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision,
to the extent that this Agreement is then capable of execution within the original intent of the parties.
24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the
Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
25. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved
to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
26. Force Majeure. Neither the Provider nor the County shall be liable for any delay in, or failure of performance
of, any covenant or promise contained in this Agreement, nor shall any delay or failure constitute default or
give rise to any liability for damages if, and only to extent that, such delay or failure is caused by "force
majeure." As used in this Agreement, "force majeure" means acts of God, acts of the public enemy,
unusually severe weather, fires, floods, epidemics, quarantines, strikes, labor disputes and freight
embargoes, to the extent such events were not the result of, or were not aggravated by, the acts or
omissions of the non -performing or delayed party.
27. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved
to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
28. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has
been approved by the Board of County Commissioners of Weld County, Colorado or its designee.
29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be
applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or
5
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and
void. In the event of a legal dispute between the parties, Provider agrees that the Weld County District Court
shall have exclusive jurisdiction to resolve said dispute.
30. Attorney's Fees/Legal Costs. In the event of a dispute between County and Provider concerning this
Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or
legal costs incurred by or on its own behalf.
31. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra -judicial body
or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null
and void.
32. Acknowledgment. County and Provider acknowledge that each has read this Agreement, understands it
and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached
Exhibit A, is the complete and exclusive statement of agreement between the parties and supersedes all
proposals or prior agreements, oral or written, and any other communications between the parties relating
to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month,
and year first above written.
COUNTY:
ATTEST: i'' kti Jeit;"`^
erk to the Boar
BY:
Deputy Cler o to t e Boil rr`
6
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
Kevin D. Ross, Chair
PROVIDER:
APR 2 2 2924
City of Greeley — Recreation Division
651 10th Avenue
Greeley, Colorado 80631
LesGie Evans
By: Leslie Evans (Apr 9, 202410:22 MDT)
Leslie Evans, Administrative Specialist II
Date: Apr 9,2024
020,92$.-
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Exhibit A
Scope of Services and Rate
1. Services
Provider agrees to provide educational and/or recreational services for eligible children
and youth involved in the Summer Activities Program according to enrollment activities
of the Provider.
Parents/caregivers of participating youth are required to sign a Release of Liability Form,
see Attachment A.
2. Compensation
County agrees to pay Provider for services performed pursuant to this Agreement at the
rate not to exceed $175.00 per participant per the term of this Agreement and at the
rate charged to other non -County participants receiving the same recreational or
educational services. The parties agree that the service rate as contemplated herein
shall constitute the entire amount of compensation due to the Provider for any work
performed hereunder.
3. Submittal of Invoice
Provider shall prepare and submit an invoice certifying that services were provided
pursuant to the terms and conditions of this Agreement, and
Provider shall submit invoices with copies of the redeemed vouchers to the County no
later than June 17, 2024, and can be:
a) Emailed to SVP@weld.gov
b) Dropped off at:
315 North 11th Avenue, Building B
Greeley, Colorado 80631
Attention: Nadia Avian
All requests for reimbursement after June 17, 2024, will not be honored.
If funds for future credited activities are not used, the Provider shall return the unused
funds by September 30, 2024, to the:
Weld County Department of Human Services Fiscal Department
315 North 11th Avenue, Building C
Greeley, Colorado 80631
The Contractor must not pursue participants for reimbursement due to late reimbursement
requests.
Contract Form
Entity Information
Entity Name *
CITY OF GREELEY
Entity ID*
@00001551
Contract Name*
CITY OF GREELEY RECREATION DIVISION (SUMMER
VOUCHER PROGRAM 2024)
Contract Status
CTB REVIEW
Q New Entity?
Contract ID
8030
Contract Lead
WLUNA
Contract Lead Email
wluna@weldgov.com;cob
bxxlk@weldgov.com
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description *
CITY OF GREELEY RECREATION DIVISION - SUMMER VOUCHER PROGRAM 2024. TERM: APRIL 1, 2024 THROUGH
JUNE 14, 2024.
Contract Description 2
PA ROUTING WITH THIS ONBASE/CMS ENTRY.
Contract Type*
AGREEMENT
Amount*
$0.00
Renewable"
NO
Automatic Renewal
Grant
IGA
Department
HUMAN SERVICES
Department Email
CM-
HumanServices@weldgov.
com
Department Head Email
CM-HumanServices-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
DGOV.COM
Requested BOCC Agenda
Date *
04/17/2024
Due Date
04/13/2024
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Review Date *
02/28/2025
Committed Delivery Date
Renewal Date
Expiration Date*
06/14/2024
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
JAMIE ULRICH CHERYL PATTELLI BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
04/10/2024 04/11/2024 04/11/2024
Final Approval
BOCC Approved Tyler Ref #
AG 042224
BOCC Signed Date Originator
WLUNA
BOCC Agenda Date
04/22/2024
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