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Home My WebLink About20200696.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 DELEGATE AUTHORITY TO DIRECTOR OF HUMAN SERVICES 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 authority to sign as the Agent for the Weld County Board of Commissioners, Weld County, Colorado, be, and hereby is, delegated to the Director of the Department of Human Services for any agreements consistent with said forms. cc:E-(SD 03/23/20 2020-0696 HR0092 STANDARD FORMS OF AGREEMENT FOR RECREATIONAL I 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 26th day of February, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Cott .aC,LdO;ok, Weld County Clerk to the Board Date of signature: o3/Ia/2a Mike Freeman, Chair Steve Moreno, Pro-Tem EXCUSED Scott K. James Kevin D. Ross 2020-0696 HR0092 PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: February 11, 2020 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services RE: Summer Youth Voucher Program, 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 Youth Voucher Program, Agreement Template and Release of Liability. The Department will be entering into Agreements with various educational and recreational providers to provide activities for the Temporary Assistance for Needy Families (TANF) Summer Youth Voucher Program. The Summer Youth Voucher Program allows eligible children to receive a $125.00 voucherto be used for summer recreational activities. The goal of the program includes: 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, 2020, through June 22, 2020, and the Department is requesting authorization for the Director to sign these agreements. I do not recommend a Work Session. I recommend approval of this program, agreement template, release of liability and authorize the Director to sign. Mike Freeman, Chair Scott James Barbara Kirkmeyer Steve Moreno, Pro-Tem Approve Schedule Recommendation Work Session nn1 Other/Comments: Mk Pass -Around Memorandum; February 11, 2020 — Not in CMS Page 1 2020-0696 I-iRoo9a AGREEMENT FOR RECREATIONAL/EDUCATION SERVICES FOR COLORADO WORKS SUMMER ACTIVITIES PROGRAM THIS AGREEMENT is made and entered into this day of March 2020, by and between the Board of County Commissioners of the County of Weld, State of Colorado, sitting on behalf of the Weld County Department of Human Services, hereinafter referred to as "Human Services", and the hereinafter referred to as "Summer Provider". WITNESSETH: WHEREAS, the Human Services 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, Human Services is in need of recreational and educational providers to assist Human Services' Summer Activities program in providing services to eligible children and juveniles, WHEREAS, Summer Provider has educational or recreational activities available for eligible children and juveniles of Human Services 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, 2020, through and until June 22, 2020. 2. SERVICES PROVIDED BY SUMMER PROVIDER: Summer 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 Summer Provider. 3. COMPENSATION: Human Services agrees to pay Summer Provider for educational and/or recreational services performed pursuant to this Agreement at the rate not to exceed $125 per participant per the term of this Agreement and at the rate charged to other non -Human Services 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 Summer Provider for any work performed hereunder. All requests for reimbursement must be received by Human Services no later than June 22, 2020. All requests for reimbursement after June 22, 2020, will not be honored. The Summer Provider 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. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance Page 1 of 2 matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law and provide proof thereof when requested to do so by County. 5. INDEMNIFICATION: Summer Provider shall indemnify Weld County, its officers and employees, against liability for injury or damage caused by any negligent act or omission by Summer Provider in the performance of this Agreement and shall hold Weld County harmless from any loss occasioned as a result of the performance of this Agreement. 6. NON -ASSIGNMENT: Summer Provider may not assign or transfer this Agreement, any interest therein or claim thereunder, without the prior written approval of Human Services. 7. ACCESS TO RECORDS: Human Services shall have access to Summer Provider'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 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 of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year, as this Agreement is subject to the availability of funding. Therefore, the Department 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 Department, or for any other reason. Contractor 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 §§2410-101 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. Page 2 of 3 -: IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. HUMAN SERVICES: Weld County Department of Human Services P.O. Box A Greeley, CO 80632 By: Date: Jamie Ulrich, Director SUMMER PROVIDER: Contractor Address City, State Zip (XXX) XXX-XXXX By: Date: Page 3 of 3 Name, 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 AGREEMENT FOR RECREATIONAL/EDUCATION SERVICES FOR COLORADO WORKS SUMMER ACTIVITIES PROGRAM, AND RELEASE OF LIABILITY AND AGREEMENT TO HOLD HARMLESS AND INDEMNIFY ROVED AS TO SUBSTANCE: Official or Department Head APPROVED AS TFU,t DING: Controller APPR AS TO County Attorney Hello