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Home My WebLink About20220888.tiffcrAvac-1- Iva apuc) PRIVILEGED AND CONFIDENTIAL 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 poor Pass -Around Memorandum; March 1, 2022 M Various eiOrWt JP/PA 03 /2J /2z 2022-0888 0 -v -069q 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. Perry L. Buck Mike Freeman, Pro -Tern Scott K. James, Chair Steve Moreno Lori Saine Approve Recommendation 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 71 'day of N[ Q.VC h , ZO a 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 Carbon Valley Parks and Recreation District 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 Page 1 of 2 0002,? - 4 ffB 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 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 Page 2 of 5 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, 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 COUTNY 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 Page 3 of 5 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 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. Page 4 of 5 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 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: 6 'tie. Weld • n Clerktoth Board By: BOARD OF COUNTY COMMISSIONERS WELI1COUIy,TY, COLORADO Scott K. James, Chair MAR 2 1 2022 CONTRACTOR: Carbon Valley Parks and Recreation District 701 5th Street Frederick, CO 80530 Dear,Faitord By: Dean Rummel (Mar 10, 2022 12:25 MST) Page 5 of 5 Dean Rummel, Executive Director doota —0��8 Contract Form New Contract Request Entity Information Entity Name* Entity ID* CARBON VALLEY RECREATION CENTER gO©007.386 Contract Name* Contract ID CARBON VALLEY RECREATION CENTER (COLORADO WORKS 566© SUMMER ACTIVITIES PROGRAM) Contract Lead Contract Status COBBXXLK CTB REVIEW ❑ New Entity? Parent Contract ID 20220748 Requires Board Approval YES Contract Lead Email Department Project cobbxxlk @co.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 3'9:22 BOCC AGENDA - REFERENCED AS TYLER #2022-0748. Contract Type AGREEMENT Amount* 50.00 Renewable* NO Automatic Renewal Grant Department HUMAN SERVICES Department Email CM - H u manServicescTweldgov. co m Department Head Email CM-HumanServices- DeptHead` weldgov.com County Attorney GENERAL COUNTY AI I ORNEY EMAIL County Attorney Email CM- COUNTYAIIORNEY'WELDG OV.COM Requested BOCC Agenda Date* 03130/2022 Due Date 03126,x2022 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;RSA 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 Effective Date Review Date* 04/08:2022 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing Approver CONSENT Approval Process Department Head JAMIE ULRICH DH Approved Date 03114/'2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03;`2112022 Originator COBBXXLK Committed Delivery Date Expiration Date 06, 10;'2O22 Contact Type Contact Email Contact Phone 1 Contact Phone 2 Finance Approver CONSENT Purchasing Approved Date 03114/2022 Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 03 14,2022 03,' 14='2022 Tyler Ref # AG 032122 Hello