HomeMy WebLinkAbout20142441.tiff RESOLUTION
RE: APPROVE COMMUNITY SERVICES BLOCK GRANT (CSBG) AGREEMENT AND
AUTHORIZE CHAIR TO SIGN -THE BOYS AND GIRLS CLUB OF WELD COUNTY
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 has been presented with a Community Services Block Grant(CSBG)
Agreement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Human Services, and The Boys
and Girls Club of Weld County, commencing August 1, 2014, and ending February 28, 2015, with
further terms and conditions being as stated in said agreement, and
WHEREAS,after review,the Board deems it advisable to approve said agreement,a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Community Services Block Grant (CSBG) Agreement between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Human Services, and The Boys and Girls Club of Weld
County be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 6th day of August, A.D., 2014, nunc pro tunc August 1, 2014.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY 7DO
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ATTEST: d. , ,,/ �_� ♦ � (� Q w 1d!
�CILo Douglas Rademacher, hair
Weld County Clerk to the Boar%f IEL
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/ • rbara Kirkmeyer, Pro-Tem
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D=. D Clerk tot eBoar CUSED
aanP. Conway
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Mike
Fre
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William F. Garcia
Date of signature: B1°7
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C G �(5T0 Aeea-t&? 2014-2441
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MEMORANDUM
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DATE: July 31, 2014
1 � O U NT
���Y TO: Douglas Rademacher, Chair, Board of County m issioners
FROM: Judy A. Griego, Director, Human Se ice part t
RE: Community Services Block Grant ( BG) Agreement for
Services between the Weld County Department of Human
Services and Boys and Girls Club of Weld County
Enclosed for Board Approval is a Community Services Block Grant(CSBG)Agreement for Services
between the Department and the Boys and Girls Club of Weld County. The CSBG Agreements for
Services were reviewed at the Board's February 19, 2014, Work Session, and this Agreement was
approved at the Board's meeting held on June 25, 2014.
The CSBG funds are used for employment related activities, senior nutrition, emergency services
and provides minimal vision, dental and prescription assistance. The Department is requesting
additional ways to use the CSBG funds, in the amount of$15,000, to pay for low-income youth
to get educational opportunities during the summer and after school. These monies will go
directly to Boys and Girls Club of Weld County.
The term of this Amendment is August 1, 2014 through February 28, 2015.
If you have questions, please give me a call at extension 6510.
2014-2441
1Wi JUL lb A 8: 51
Contract No. FY 14-CSBG-BGCWC
AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT
OF HUMAN SERVICES AND THE BOYS AND GIRLS CLUB OF WELD COUNTY
, Lt
This Agreement, made and entered into this 647 —day of /lk tsf 2014 by and between the Board
of County Commissioners, on behalf of the Weld County Department oMltman Services, hereinafter referred to as
"Human Services," and the Boys and Girls Club of Weld County," hereinafter referred to as the "Contractor."
WITNESSETH
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the County of Weld, pursuant to the Weld County Home Rule
Charter, has provided Community Services Block Grant resources for one-time assistance to fund summer youth
and after-school enrichment and mentoring services to low-income Weld County youths as identified by Human
Services or the Contractor; and
WHEREAS, Human Services desires to enter into an agreement with the Contractor to assist Human
Services in providing enrichment and mentoring services to eligible individuals.
NOW THEREFORE, in consideration of the premises, the parties hereto
covenant and agree as follows:
I. Terms
This Agreement shall become effective August 1, 2014, upon proper execution of this Agreement and shall
expire February 28, 2015.
2. Scope of Services
Services shall be provided by the Contractor to any person(s) eligible for Community Services Block Grant
services in compliance with Exhibit A "Scope of Services and Outcomes," a copy of which is attached and
incorporated by reference.
3. Payment Schedule
a. Payment shall be made on the basis of Exhibit B, "Payment Schedule," a copy of which is attached
and incorporated by reference.
The Agreement Budget shall establish the maximum reimbursement which will be paid from
county funds during the duration of this agreement.
b. The Contractor shall submit an itemized monthly billing to Human Services for all costs incurred
pursuant to Exhibit A of this Agreement in accordance with criteria established by Human
Services. Effective at the date of signature of this agreement, the Contractor shall submit all
itemized monthly billings to the Human Services no later than the fifteenth (15) day of the month
following the month the cost was incurred. Billings must be signed by the Contractor.
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Contract No. FY14-CSL3G-BGCWC
Failure to submit monthly billings in accordance with the terms of this agreement shall result in
the Contractor's forfeiture of all rights to be reimbursed for such expenses.
c. Payments to the Contractor shall be made monthly by Human Services upon receipt of such
itemized billings as required under Exhibits A and B.
d. Reimbursement of costs incurred pursuant to this Agreement is expressly contingent upon the
availability of Weld County funds to Human Services.
e. Human Services shall not be billed for, and reimbursement shall not be made for, time involved in
activities outside of those defined in Exhibit A. Work performed prior to the date of this agreement
shall not be reimbursed or considered part of this Agreement.
4. Financial Management
At all times from the effective date of this Contract until completion of this Contract, the Contractor shall
comply with the administrative requirements, cost principles and other requirements set forth in the
Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds
expended under Community Services Block Grant must conform to the Single Audit Act of 1984 and OMB
Circular A-128.
5. Payment Method
Unless otherwise provided in the Scope of Services and Payment Schedule:
a. The Contractor shall provide proper monthly invoices and verification of services performed for
costs incurred in the performance of the agreement.
b. Human Services may withhold any payment if the Contractor has failed to comply with the
Financial Management Requirements, program objectives, contractual terms, or reporting
requirements.
5. Assurances
The Contractor shall abide by all assurances as set forth in the attached Exhibit C, which is attached hereto
and incorporated herein by reference.
6. Compliance with Applicable Laws
At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable
federal and state laws, orders, and all applicable standards, regulations, interpretations or guidelines issued
pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records,
papers, documents, tapes and any other materials that have been or may hereafter be established which
relate to this Contract. The Contractor acknowledges that the following laws are included:- Title VI of the
Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1
et. seq. and its implementing regulation, 45 C.F.R. Part 80 et. seq.;
and
- Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section
794, and its implementing regulation. 45 C.F.R. Part 84; and
- The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq.
and its implementation regulation, 45 C.F.R. Part 91; and
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Contract No. FY I 4-CSBG-HGC W C
- Title VII of the Civil Rights Act of 1964; and
- The Age Discrimination in Employment Act of 1967; and
- the Equal Pay Act of 1963; and
- the Education Amendments of 1972; and
- Immigration Reform and Control Act of 1986, P.L. 99-603;
and all regulations applicable to these laws prohibiting discrimination because of race, color, national
origin, and, sex, religion and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS
related conditions, covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above.
Included if 45 C.F.R. Part 74 Appendix G 9, which requires that affirmative steps be taken to assure that
small and minority businesses are utilized, when possible, as sources of supplies, equipment, construction
and services. This assurance is given in consideration of and for the purpose of obtaining any and all
federal and/or state financial assistance.
Any person who feels that s/he has been discriminated against has the right to file a complaint either with
the Colorado Department of Human Services or with the U.S. Department of Health and Human Services,
Office for Civil Rights.
7. Certifications
Contractor certifies that, at the time of entering into this Contract, it has currently in effect all necessary
licenses, approvals, insurance, etc. required to properly provide the services and/or supplies covered by this
contract.
8. Monitoring and Evaluation
The Contractor and Human Services agree that monitoring and evaluation of the performance of this
Agreement shall be conducted by the Contractor and Human Services. The results of the monitoring and
evaluation shall be provided to the Board of Weld County Commissioners.
The Contractor shall permit Human Services, and any other duly authorized agent or governmental agency,
to monitor all activities conducted by the contractor pursuant to the terms of this Agreement. As the
monitoring agency may in its sole discretion deem necessary or appropriate, such program data, special
analyses, on-site checking, formal audit examinations, or any other reasonable procedures. All such
monitoring shall be performed in a manner that will not unduly interfere with agreement work.
9. Modification of Agreement
All modifications to this agreement shall be in writing and signed by both parties.
10. Remedies
The Director of Human Services or designee may exercise the following remedial actions should s/he find
the Contractor substantially failed to satisfy the scope of work found in this Agreement. Substantial failure
to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by the
Contractor. These remedial actions are as follows:
a. Withhold payment to the Contractor until the necessary services or corrections in performance are
satisfactorily completed;
b. Deny payment or recover reimbursement for those services or deliverables which have not been
performed and which due to circumstances caused by the Contractor cannot be performed or if
performed would be of no value to the Human Services. Denial of the amount of payment shall be
reasonably related to the amount of work or deliverables lost to Human Services;
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Contract No. FY 14-CSBG-BGC WC
c. Incorrect payment to the Contractor due to omission, error, fraud, and/or defalcation shall be recovered
from Contractor by deduction from subsequent payments under this Agreement or other agreements
between Human Services and the Contractor, or by Human Services as a debt due to Human Services
or otherwise as provided by law.
II. Representatives
For the purpose of this Agreement, the individuals identified below are hereby designated representatives
of the respective parties. Either party may from time to time designate in writing a new or substitute
representative(s):
For Human Services: For the Contractor:
John Kruse, A.P. Administrator Todd Bale. Executive Director
Name Title Name Title
12. Notice
All notices required to be given by the parties hereunder shall be given by certified or registered mail to the
individuals at the addresses set forth below. Either party may from time to time designate in writing a
substitute person(s)or address to whom such notices shall be sent:
To: Human Services To: Contractor
Judy A. Griego, Director Todd Bale. Executive Director
P.O. Box A P.O. Box 812
Greeley,CO 80631 Greeley, CO 80632
13. Litigation
The Contractor shall promptly notify Human Services in the event that
the Contractor learns of any actual litigation in which it is a party defendant in a case which involves
services provided under this Agreement. The Contractor, within five (5) calendar days after being served
with a summons, complaint, or other pleading which has been filed in any federal or state court or
administrative agency, shall deliver copies of such document(s)to the Human Services' Director. The term
"litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy, reorganization
and/or foreclosure.
14. Termination
This Agreement may be terminated at any time by either party given thirty (30) days written notice and is
subject to the availability of funding.
15. Entire Agreement
This Agreement, together with all attachments hereto, constitutes the entire understanding between the
parties with respect to the subject matter hereof, and may not be changed or modified except as stated in
Paragraph 9 herein.
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Contract No. FY14-CS13G-13GCWC
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first
above written.
itte d �,,,,,//
ATTES" � �Cd�D; i' La
Weld County Clerk to the BoardtARDr.�, OF COUNTY COMMISSIONERS
^0 ELD COUNTY, COLORADO
tbel
BY/41,4142c
Deputy Cler o the Board ``_'-= Doug! s Rademac er, Chair
AUG 0 6 2014
APPROVED AS .•
�,�-7 d Club of Weld County
Bruc arker, County Attorney
Board President
WELD COUNTY DEPARTMENT
OF HUMAN SE VIC
Judy A Griego, irectot
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Contract No. FYI4-CSt3G-I3GCWC
EXHIBIT A
SCOPE OF SERVICES AND OUTCOMES
I. General Scope of Services
The Contractor agrees to participate by providing summer youth and after school enrichment and
mentoring services as outlined below.
2. Eligible Recipients
Human Services shall be responsible for payment for summer youth and after school enrichment and
mentoring services. This is reimbursed by providing funding for salaries and benefits for staff at the Boys
and Girls Club of Weld County. The Contractor will provide up to 1300 hours of youth development
programming for at least IS Weld County youth. This provides access to daily mentoring by a trained,
professional youth development staff as well as access to nutritional meals and snacks, tutoring, team
sports, musical instrument lessons and social recreational opportunities.
Eligibility for such services shall be determined by Human Services or the Contractor.
Human Services will expend funds to reimburse salaries and benefits. Reimbursement will be $5,000 for
each of the following areas:
a. A percentage of FT salary and benefits for the Healthy Lifestyles and Athletic Coordinator who
manages part-time staff and volunteers in this program area
b. A percentage of the FT salary and benefits for the Academic Success Coordinator who supervises
part-time staff and volunteers in this program area
c. A percentage of the FT salary and benefits for the Good Character and Citizenship Coordinator
who supervises the part-time staff and volunteers in this program area
Reimbursement will be made if the individual or family meets the following criteria:
1. Gross family income is below 125% of poverty.
2. Must be a lawful permanent resident
3. Be in need of summer and/or after school enrichment and mentoring services
3. Outcomes
The outcomes for this agreement are as follows and where applicable:
a. 90% HS graduation rate
b. 87% will receive 4 hours of fitness each week
c. 78% of Club teens will be employed over the summer
d. Each member will receive academic tutoring each day
e. Club members will have access to technology, team sports, performing arts and music lessons
4. Reporting of Outcomes
Outcomes must be reported to Human Services by February 20, 2015.
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Contract No. FY14-CSBG-BGCWC
EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Human Services agrees to reimburse the Contractor for services as described in Exhibit A for a total
amount not to exceed Fifteen Thousand Dollars ($15,000).
Expenses incurred by the Contractor, in association with said project prior to the term of this Agreement,
are not eligible expenditures and shall not be reimbursed by Human Services.
Payment pursuant to this Contract, if Weld County funds, whether in whole or in part, is subject to and
contingent upon the continuing availability of Weld County funds for the purposed hereof. In the event
that said funds, or any part thereof, become unavailable as determined by Human Services, Human
Services may immediately terminate this Contract or amend it accordingly.
2. Submittal of Vouchers
Billings for payment shall be submitted to the Weld County Department of Human Services, P.O. Box A,
Greeley, Colorado 80632. When submitting billings for payment, the Contractor will submit and itemized
billing detailing all individuals names, if available- Social Security Number and age along with a
completed Community Services Block Grant Application and proof of income.
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Contract No. FY I 4-CSBG-I3GC WC
EXHIBIT C
ASSURANCES
1. The Contractor agrees it is an independent contractor and that its officers and employees do not become
employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as
the result of the execution of this Agreement.
2. Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not
be held liable for injuries or damages caused by any negligent acts or omissions of Contractor or its
employees, volunteers, or agents while performing duties as described in this Agreement. Contractor shall
indemnify, defend, and hold harmless Weld County, the Board of County Commissioners of Weld County,
its employees, volunteers, and agents. The Contractor shall provide adequate liability and worker's
compensation insurance for all its employees, volunteers, and agents engaged in the performance of the
Agreement upon request, the Contractor shall provide Human Services with the acceptable evidence that
such coverage is in effect.
3. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their
officers or employees may possess, nor shall any portion of this Agreement be deemed to have treated a
duty of care with respect to any persons not a party to this Agreement.
4. 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.
5. If any section, subsections, paragraph, sentence, clause, or phrase of this Agreement is for any reason held
or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The
parties hereto declare that they would have entered into this Agreement and each and every section,
subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more
sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or
invalid.
6. No officer, member or employee of Weld County and no member of their governing bodies shall have any
pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof'.
7. The Contractor assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no
person shall, on the grounds of race, creed, color, sex, or national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination under this approved Agreement.
8. The Contractor assures that sufficient, auditable, and otherwise adequate records that will provide accurate,
current, separate, and complete disclosure of the status of the funds received under the Agreement are
maintained for three (3)years or the completion and resolution of an audit. Such records shall be sufficient
to allow authorized local, Federal, and State auditors and representatives to audit and monitor the
Contractor.
9. All such records, documents, communications, and other materials shall be the property of Human Services
and shall be maintained by the Contractor, in a central location and custodian, in behalf of Human Services,
for a period of three (3) years from the date of final payment under this Contract, or for such further period
as may be necessary to resolve any matters which may be pending, or until an audit has been completed
with the following qualification: If an audit by or on behalf of the federal and/or state government has
begun but is not completed at the end of the three (3)year period, or if audit findings have not been
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Contract No. FY 14-CSBG-13GCWC
resolved after a three (3)year period, the materials shall be retained until the resolution of the audit finding.
10. The Contractor assures that authorized local, federal and state auditors and representatives shall, during
business hours, have access to inspect any copy records, and shall be allowed to monitor and review
through on-site visits, all contract activities, supported with funds under this Agreement to ensure
compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of
the performance of the Agreement shall be conducted by appropriate funding sources. The results of the
monitoring and evaluation activities shall be provided to the appropriate and interested parties.
11. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and
assigns. The Contractor of Human Services may not assign any of its rights or obligations hereunder
without the prior written consent of both parties.
12. The Contractor certifies that Federal appropriated funds have not been paid or will be paid, by or on behalf
of the Contractor, to any person for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, loan, grant, or cooperative agreement.
13. The Contractor assures that it will fully comply with the Community Services Block Grant Program
regulation promulgated, and all other applicable federal and state laws, rules and regulations. The
Contractor understands that the source of funds to be used under this Agreement is: Community Services
Block Grant Funds.
14. The Contractor assures and certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by a federal department of agency.
b. Have not, within a three-year period of preceding this Agreement, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(federal, state, or local) with commission of any of the offenses enumerated in paragraph 11(b) of
this certification; and
d. Have not within a three-year period preceding this Agreement, had one or more public transactions
(federal, state, and local)terminated for cause or default.
15. The Appearance of Conflict of Interest applies to the relationship of a contractor with Human Services
when the Contractor also maintains a relationship with a third party and the two relationships are in
opposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor
to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the
two relationships are in opposition.
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Contract No. FY14-CSBG-13GCWC
During the term of the Contract the Contractor shall not enter any third party relationship that gives the
appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of
interest situation, the Contractor shall submit to Human Services, a full disclosure statement setting forth
the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure
statement required by this paragraph shall constitute grounds for Human Services' termination, for cause, of
its contract with the Contractor.
16. Contractor shall protect the confidentiality of all applicant records and other materials that are maintained
in accordance with this Contract. Except for purposes directly connected the administration of the
Community Services Block Grant Program, no information about or obtained from any applicant/recipient
in possession of Contractor shall be disclosed in a form identifiable with the applicant/recipient or a minor's
parent or guardian. Contractor shall have written policies governing access to, duplication and
dissemination of, all such information. Contractor shall advise its employees, agents and subcontractors, if
any, that they are subject to these confidentiality requirements. Contractor shall provide its employees,
agents, and subcontractors, if any, with a copy or written explanation of these confidentiality requirements
before access to confidential data is permitted.
17. Proprietary information for the purposes of this contract is information relating to a party's research,
development, trade secrets, business affairs, internal operations and management procedures and those of
its customers, clients or affiliates, but does not include information (1) lawfully obtained from third parties,
(2) that which is in the public domain, or(3)that which is developed independently.
Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary
information concerning the other party obtained as a result of this Contract. Any proprietary information
removed from the State's site by the Contractor in the course of providing services under this Contract will
be accorded at least the same precautions as are employed by the Contractor for similar information in the
course of its own business.
18. The Contractor certifies it will abide by Colorado Revised Statue (C.R.S.) 26-6-104, requiring criminal
background record checks for all employees, contractors, and sub-contractors.
19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-
101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under
this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any
illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by
the Human Security Administration and Department of Homeland Security, and (b) otherwise will comply
with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests
made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and
Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et
seq., Human Services may terminate this Contract for breach and Contractor shall be liable for actual and
consequential damages to Human Services.
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 this 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 this Contract. If
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Contract No. FY 14-CSBG-BGCWC
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 this
Contract.
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