HomeMy WebLinkAbout20220748.tiffRESOLUTION
RE: APPROVE STANDARD FORMS OF AGREEMENT FOR RECREATIONAL /
EDUCATIONAL SERVICES FOR COLORADO WORKS SUMMER ACTIVITIES
PROGRAM, AND RELEASE OF LIABILITY AND AGREEMENT TO HOLD HARMLESS
AND INDEMNIFY, AND AUTHORIZE CHAIR TO SIGN AGREEMENTS CONSISTENT
WITH SAID FORMS
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, sitting as the Weld County Board of Human Services, has been
presented with Standard Forms of Agreement for Recreational/Educational Services for the
Colorado Works Summer Activities Program, and Release of Liability and Agreement to Hold
Harmless and Indemnify between the Department of Human Services and various providers, and
WHEREAS, after review, the Board deems it advisable to approve the Standard Forms of
said agreements, copies of which are attached hereto and incorporated herein by reference, and
to delegate standing authority to the Director of the Department of Human Services to execute
individual agreements between the Department of Human Services and various providers.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, sitting as the Weld County Board of Human Services, that the Standard
Forms of the Agreement for Recreational/Educational Services for the Colorado Works Summer
Activities Program, and Release of Liability and Agreement to Hold Harmless and Indemnify
between the Department of Human Services and various providers, be, and hereby are,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign for any agreements consistent with said forms.
cc: HS
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2022-0748
HR0094
STANDARD FORMS OF AGREEMENT FOR RECREATIONAL / EDUCATIONAL SERVICES
FOR COLORADO WORKS SUMMER ACTIVITIES PROGRAM, AND RELEASE OF LIABILITY
AND AGREEMENT TO HOLD HARMLESS AND INDEMNIFY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of March, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD 1OUNTYi, COLORADO
ATTEST: dax, j,44;
„k
Weld County Clerk to the Board
BY:
AP
County Attorney
Date of signature: o3/I`d/2•
Scott ames, Chair
Mike Freeman, Pro-Tem
EXCUSED
Perry L. Buck
teve Moreno
Lori Saine
2022-0748
HR0094
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
Pass -Around Memorandum; March 1, 2022 — CMS Various
2022-0748
03/001
14 12_ ouq,4
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 -Tern
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 day of , 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 County, hereinafter referred to as
"County", and the [Contractor] 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 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,
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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, 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
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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 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.
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
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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:
Weld County Clerk to the Board
By:
Deputy Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Scott K. James, Chair
CONTRACTOR:
(Contractor)
(Address)
(City, State Zip)
By:
Page 4 of 4
(Contractor's Representative), (Title)
RELEASE OF LIABILITY
AND AGREEMENT TO HOLD HARMLESS AND INDEMNIFY
THIS RELEASE OF LIABILITY AND AGREEMENT TO HOLD HARMLESS AND INDEMNIFY,
is signed by
("Today's Date") ("Parent or Guardian")
on behalf of
("Participant or Child's Name")
The Participant will be participating in the Weld County Department of Human Services'
Colorado Works in Weld County Summer Program ("Programs"). This will involve the Participant
participating in summer recreational, educational, or athletic programs offered by vendors approved
through the Weld County Department of Human Services. Such participation may require the
Participant to travel to the site(s) where the Programs are conducted. I understand and acknowledge
that the Programs are not responsible for the Participant's travel to or from the site(s). I hereby accept
such responsibility.
I also understand and acknowledge that the Programs may involve having the Participant
participate in various activities which could pose a risk to the Participant's personal safety. Such risks
may stem from the Participant being involved in physical sports or activities and/or from traveling to
the site(s) where the Programs activities are held.
With such knowledge, the Participant and /or his or her Parent or Guardian, on behalf of
himself or herself, and on behalf of his or her heirs, successors, and assigns, voluntarily releases and
agrees to hold harmless and indemnify the County of Weld; the Board of County Commissioners of the
County of Weld; the Weld County Department of Human Services; and their employees and officers
(the "Releasees"), from any and all claims and liability, past, present, or future, for any injury or
damage to Participant or to his or her property, resulting form any cause whatsoever occurring in the
course of the Participant's participation in the Programs, including, without limitation, his or her travel
to and from the activities site(s) and involvement in any of the activities, excepting only any such
injury or damage resulting from the willful and wanton acts of the Releasees. The Participant and/or
his or her Parent or Guardian also agrees to hold harmless and indemnify the Releasees from any and
all claims and liability, past, present or future, for any injury or damage to third parties, resulting from
the negligent or intentional acts of the Participant occurring in the course of such participation.
Participant and/or his or her Parent or Guardian understands and agrees that the Releasees may
be immune from liability pursuant to § 24-10-101, C.R.S. et. seq. by virtue of Releasees governmental
status. This Release of Liability and Agreement to Hold Harmless and Indemnify is not intended to
circumvent or replace such immunities.
By signing this Release and Agreement to Hold Harmless and Indemnify the Participant and/or
Parent or Guardian acknowledges that he or she has read and understands all of the provisions stated
herein.
Parent or Guardian (Printed Name)
Witness Date
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