HomeMy WebLinkAbout20221375.tiffPRIVILEGED AND CONFIDENTIAL
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MEMORANDUM
DATE: March 1, 2022
TO: Board of County Commissioners — Pass -Around
FR: Jamie Ulrich, Director, Human Services
RE: Summer Voucher Program Anticipated Providers,
Agreement Template and Release of Liability
Please review and indicate if you would like a work session prior to placing this item on the Board's
agenda.
Request Approval of the Department's Summer Voucher Program Anticipated Providers,
Agreement Template and Release of Liability. The Department is requesting to enter into
Agreements with various educational and recreational entities to provide activities through the
Colorado Works Summer 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 recreational activities. The goals of the program include:
1. Preventing youth from entering the child welfare system.
2. Supporting County Certified Foster Care Parents and Adoptive Parents with summer
activities for foster and adoptive children.
3. Promoting a continuum of educational, physical activity and community experiences
through established recreation or education programs in the summer.
These agreements will be for the period of March 16, 2022, through June 10, 2022.
The following list of providers have expressed interest in participating, however, this is not an
exhaustive list and additional providers may be added.
Aims Community College — C4K Program
Boys and Girls Club of Weld County
Carbon Valley Park and Recreation District
City of Greeley
City of Evans Recreation Department
City of Fort Lupton Recreation Department
Greeley Evans Youth League, Inc.
- Kersey Recreation Department
Platteville Recreation
Rodarte Center — Fun in the Sun
Thompson Rivers Park and Recreation District
YMCA of Northern Colorado
uxu` Oyer
Pass -Around Memorandum; March 1, 2022 — CMS Various
2022-1375
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PRIVILEGED AND CONFIDENTIAL
Parents/caregivers of participating youth will be required to sign a Release of Liability Form.
The, agreement template and Release of Liability forms were reviewed and approved by Legal in
2021 and no revisions have been made.
I do not recommend a Work Session. I recommend approval of the listed providers and potential
additional providers, agreement template, Release of Liability form, and authorize the Chair to sign the
agreements.
Approve
Recommendation
Perry L. Buck
Mike Freeman, Pro-Tem
Scott K. James, Chair
Steve Moreno
Lori Saine
Schedule
Work Session Other/Comments:
Pass -Around Memorandum; March 1, 2022 — CMS Various Page 2
AGREEMENT FOR RECREATIONAL/EDUCATION SERVICES
FOR COLORADO WORKS SUMMER ACTIVITIES PROGRAM
THIS AGREEMENT is made and entered into this lU day of M , 2022 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 80631County, hereinafter referred to as "County", and Work Out West, hereinafter
referred to as "Contractor".
WITNESSETH:
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' Summer Activities program in providing services to eligible children and juveniles,
WHEREAS, the Contractor has educational or recreational activities available for eligible
children and juveniles of County at fees, which is set forth below.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM: The term of this Agreement shall be from March 16, 2022, through and
until June 10, 2022.
2. SERVICES PROVIDED BY CONTRACTOR: Contractor 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
Contractor.
3. COMPENSATION: County agrees to pay Contractor for educational and/or
recreational 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 Contractor for any
work performed hereunder. All requests for reimbursement must be received by
County no later than June 15, 2022. All requests for reimbursement after June 15,
2022, will not be honored. The Contractor must not pursue participants for
reimbursement due to late reimbursement requests.
4. INDEPENDENCE OF CONTRACTOR: NOT AN EMPLOYEE OF WELD
COUNTY: Contractor agrees that it is an Independent Contractor and that
Contractor'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. Contractor shall perform its duties hereunder as an independent
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Contractor. Contractor shall be solely responsible for its acts and those of its
agents and employees for all acts performed pursuant to this Agreement.
Contractor, 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 Contractor or any of
its agents or employees. Unemployment insurance benefits will be available
to Contractor and its employees and agents only if such coverage is made
available by Contractor or a third party. Contractor shall pay when due all
applicable employment taxes and income taxes and local head taxes (if
applicable) incurred pursuant to this Agreement.
5. INDEMNITY: Contractor shall defend, indemnify and hold harmless County, its
officers, agents, and employees, from and against injury, loss damage, liability,
suits, actions, or claims of any type or character arising out of the work done in
fulfillment of the terms of this Contract or on account of any act, claim or amount
arising or recovered under workers' compensation law or arising out of the failure
of the Contractor to conform to any statutes, ordinances, regulation, law or court
decree.
6. NON -ASSIGNMENT: Contractor may not assign or transfer this Agreement, any
interest therein or claim thereunder, without the prior written approval of County.
7. ACCESS TO RECORDS: County shall have access to Contractor's financial
records for the purposes of audit. Such records shall be complete and available
for audit 90 days after final payment hereunder and shall be retained and available
for audit purposes for at least five (5) years after final payment hereunder.
8. TERMINATION: Either party may terminate this Agreement at any time by
providing the other party with a 10 -day written notice thereof. No portion of this
Agreement shall be deemed to create an obligation on the part of the County to
expend funds not otherwise appropriated in each succeeding year, as this
Agreement is subject to the availability of funding. Therefore, the County may
terminate this Agreement at any time if the source of funding for the services
made available to the Contractor is no longer available to the County, or for any
other reason. The County reserves the right to suspend services to clients if
funding is no longer available.
9. TIME OF THE ESSENCE: Time is of the essence in each and all of the
provisions of this Agreement.
10. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement constitutes the
entire understanding between the parties. This Agreement shall be binding upon
the parties hereto, their successors, heirs, legal representatives, and assigns. No
modification of the terms of this Agreement shall be valid unless made in writing
and agreed to by both parties.
11. 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,
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rights, benefits, protections or other provisions, of the Colorado Governmental
Immunity Act of §§24-10-101 et. seq., as applicable now or hereafter amended.
12. 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.
13. FORCE MAJEURE: Neither the Contractor 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.
14. 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.
15. 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.
16. 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 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, Contractor agrees that the
Weld County District Court shall have exclusive jurisdiction to resolve said
dispute.
17. PUBLIC EMPLOYMENT RETIREMENT PROGRAM: Contractor is
responsible for notifying Weld County of any previous participation in the
Colorado Public Employee Retirement Program. Contractor must notify Weld
County of the most recent employment for a PERA contributing employer.
18. PUBLIC CONTRACTS FOR SERVICES C.R.S. §8-17.5-101: Contractor
certifies, warrants, and agrees that it does not knowingly employ or contract with
an illegal alien who will perform work under this contract. Contractor will
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confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Agreement, through
participation in the E -Verify program or the State of Colorado program
established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly
employ or contract with an illegal alien to perform work under this Agreement or
enter into a contract with a subcontractor that fails to certify with Contractor that
the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement. Contractor shall not use E -Verify Program
or State of Colorado program procedures to undertake pre -employment screening
or job applicants while this Agreement is being performed. If Contractor obtains
actual knowledge that a subcontractor performing work under the public contract
for services knowingly employs or contracts with an illegal alien Contractor shall
notify the subcontractor and County within three (3) days that Contractor has
actual knowledge that a subcontractor is employing or contracting with an illegal
alien and shall terminate the subcontract if a subcontractor does not stop
employing or contracting with the illegal alien within three (3) days of receiving
notice. Contractor shall not terminate the contract if within three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien. Contractor shall comply
with reasonable requests made in the course of an investigation, undertaken
pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and
Employment. If Contractor participates in the State of Colorado program,
Contractor shall, within twenty days after hiring a new employee to perform work
under the contract, affirm that Contractor has examined the legal work status of
such employee, retained file copies of the documents, and not altered or falsified
the identification documents for such employees. Contractor shall deliver to
County, a written notarized affirmation that it has examined the legal work status
of such employee and shall comply with all of the other requirements of the State
of Colorado program. If Contractor fails to comply with any requirement of this
provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement
for breach, and if so terminated, Contractor shall be liable for actual and
consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-
76.5-103(3), if Contractor receives federal or state funds under the contract,
Contractor must confirm that any individual natural person eighteen (18) years of
age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-
103(4), if such individual applies for public benefits provided under the contract.
If Contractor operates as a sole proprietor, it hereby swears or affirms under
penalty of perjury that it: (a) is a citizen of the United States or is otherwise
lawfully present in the United States pursuant to federal law, (b) shall produce one
of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c)
shall produce one of the forms of identification required by C.R.S. § 24-76.5-103
prior to the effective date of the contract.
19. ACKNOWLEDGEMENT: County and Contractor acknowledge that each has
read this Agreement, understands it and agrees to be bound by its terms. Both
parties further agree that this Agreement, is the complete and exclusive statement
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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: �/.� `-fe:L ok
BOARD OF COUNTY COMMISSIONERS
Weld C . ty Clerk to the ► oard WELD COUNTY, COLORADO
By: _ �_
Deputy Clef' tot a Bo*
ott K. James, Chair MAY 1 6 2022
Work Out West
5701 West 20th Street
Greeley, Colorado 80634
By:
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Jeaeagelf
SeanCasten (May 11, 202211:18 MDT)
Sean Casten, Director of Operations
New Contract Request
Entity Information
Entity Name"
WORK OUT WEST
Entity ID*
g,00017024
Contract Name* Contract ID
WORK OUT WEST (COLORADO WORKS SUMMER ACTIVITIES 5820
PROGRAM)
Contract Status
CTB REVIEW
Contract Lead
COBBhXLK
❑ New Entity?
Parent Contract ID
20220748
Requires d
YES
Contract Lead Email Department Project
cobbxxlkgca.weld.co.us
Contract Description*
CONSENT - AGREEMENT FOR RECREATIONAL,'EDUCATION SERVICES FOR COLORADO WORKS SUMMER ACTIVITIES PROGRAM.
TERM_ MARCH 16, 2022 -JUNE 10, 2022.
Contract Description 2
PA PREVIOUSLY ROUTED TO CTB AND ON 3/9i22 BOCC AGENDA - REFERENCED AS TYLER #2022-0748.
Contract Type
AGREEMENT
Amount *
30.00
Renewable*
NO
Automatic Renewal
Grant
ICA
Department
HUMAN SERVICES
Department Email
CM -
H umanServrcesnweldgov.co
m
Department Head Email
CM-HumanServices-
DeptHeadgveldgov.com
County Attorney
GENERAL COUNTY
Al I ORNEYEMAIL
County Attorney Email
CM-
COUNTYA I I ORNEYENVELDG
OV.COM
If this is a renewal enter previous Contract. ID
If this is part of a P4SA enter MSA Contract ID
Requested BOCC Agenda
Date*
0525/2022
Due Date
05121/2022
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
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
Review Date*
04,'08, 2022
Renewal Date
Termination Notice Period
Contact Information
Contact Info
Contact Name Contact Type
Purchasing
Purchasing Approver
CONSENT
Approval Process
Department Head
JAMIE ULFICH
DH Approved Date
05/11 2022
Tyler Ref #
AG 051622
Pr
raI
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
05,+16,2022
Originator
COBEXXLK
Committed Delivery Date
Finance Approver
CONSENT
Expiration Date*
06, 10: 2022
Contact Phone 1 Contact Phone 2
Purchasing
05/1112022
d Date
Legal Counsel
CONSENT
Finance Approved Date Legal Counsel Approved Date
05 1 1 ;`2022 05,`1 1 ,`2022
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