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HomeMy WebLinkAbout20122900.tiff RESOLUTION RE: APPROVE SIX (6) MEMORANDUMS OF UNDERSTANDING WITH VARIOUS PROVIDERS AND AUTHORIZE CHAIR TO SIGN 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 six (6) Memorandums of Understanding 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 providers listed below, commencing August 1, 2012, and ending December 31, 2012, with further terms and conditions being as stated in said Memorandums of Understanding, and 1) A Woman's Place, Inc. 2) Community Mediation Project 3) Tower 21/The Band 4) Sexual Assault Victim Advocate (SAVA) 5) St. Patrick's Presbyterian Redeemer Project 6) Tower 21 — Bridges Out of Poverty WHEREAS, after review, the Board deems it advisable to approve said Memorandums of Understanding, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the six (6) Memorandums of Understanding 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 providers listed above be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said Memorandums of Understanding. CC ; r/s1) /0 3/ (.)767 2012-2900 HR0083 SIX (6) MEMORANDUMS OF UNDERSTANDING WITH VARIOUS PROVIDERS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of October, A.D., 2012, nunc pro tunc August 1, 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • i 9se ,1 �R,�i4,tip �_ � ATTEST: �. �` l7 �NN a Sean P. Con , Chair 1 Weld County Clerk to t 'B.; . A �, �. J 1 • et(It ♦ Gt eta\ ¶ %int William . arc , - m BY: %//t .) Deputy Clerk to the ����1 u sl uu j1 4 bra Kirkmeyk: kir. APPR AS TO F \fir °I y David E. Long o my torney EXCUSED / Douglas Rademacher Date of signature: �L��� 2012-2900 HR0083 MEMORANDUM 1861 DATE: October 11, 2012.-kk\ TO: Sean P. Conway, Chair, Board of County Commissioner u N T T� FROM: Judy A. Griego, Director, Human Services D rtmery f u9 RE: Weld County Department of Human Services' Weld Faith Partnership Collaboration and Capacity Building Mini-Grants with Various Providers Enclosed for Board approval are the Departments' Weld Faith Partnership Collaboration and Capacity Building Mini-Grants with Various Providers. These Mini-Grants were reviewed under the Board's Pass-Around Memorandum dated June 4, 2012, and approved for placement on the Board's Agenda. The purpose of the mini-grants is to provide funding to proactive programs that utilizes a collaborative approach to assisting at-risk families in accessing support through community faith- based organizations, government entities, and non-profit human services agencies. Funding will go to those existing programs that have already established effective collaborations between faith, community, and government agencies with an emphasis on programs that address issues of promoting responsible fatherhood and healthy relationship education. Grantees will be required to spend all awarded funds within six months of being awarded. The following agencies and their programs are being funded at the dollar amount listed: A Woman's Place, Inc Domestic Violence prevention and healthy $520.00 relationships Community Mediation Continuation of BHM services for healthy $1,000.00 Project relationships Tower 21/The Band Prompting Responsible Fatherhood $1,000.00 Sexual Assault Victim Sexual assault prevention and healthy $960.00 Advocate (SAVA) relationships St. Patrick's Presbyterian Youth mentoring, tutoring, healthy $884.23 Redeemer Project relationships Tower 21 —Bridges Out of Healthy relationships with an economic $1,000.00 Poverty self-sufficiency component TOTAL FUNDED $5,364.23 2012-2900 If you have any questions, give me a call at extension 6510. MEMORANDUM OF UNDERSTANDING BETWEEN A WOMAN'S PLACE AND WELD COUNTY DEPARTMENT OF HUMAN SERVICES This Agreement is made and entered into this 22. day of Au(QS f , 2012,between the Board of County Commissioners, Weld County, Colorado, on behalf of theVeld County Department of Human Services, hereafter referred to as "WCDHS", and A Woman's Place, hereinafter referred to as"Provider" WITNESSETH: WHEREAS, the Provider has the expertise to provide domestic violence prevention and healthy relationships services; and WHEREAS,the services proposed by the Provider are in alignment with the mission of the Weld Faith Partnership as outlined in and meets the criteria for funding as set forth by the guidelines of the Weld Faith Council's Request for Proposals (RFP) ; and WHEREAS,the Provider was a successful bidder under the RFP; and WHEREAS, the Provider has been deemed, under the RFP,to meet the provision of funding under the Temporary Assistance for Needy Families(TANF)to pay for its services. 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 between the Provider and WCDHS shall be for the period beginning August 1, 2012 through December 31, 2012. 2. Geoaraphic Areas To Be Served: Proposed services shall be provided to residents of Weld County. 3. WCDHS Responsibilities: 3.1.1. WCDHS „.i11 reimburse the Provider for services as specified in Exhibit A, Scone of Services, and Exhibit C, Budget, from TANF. 3.1.2. WCDHS will monitor the agreement to ensure that awarded funding was utilized for services as proposed in the Weld Faith Council's Request for Proposals(RFP). 4. PROVIDER Responsibilities: PROVIDER will use funding received from WCDHS to inform and engage the community about issues of domestic violence as outlined in Exhibits A and C. PROVIDER will submit expenses as outlined in PROVIDER application for funding they wish to be reimbursed to WCDHS by the 10th of each month for costs incurred in the preceding month. WCDHS will reimburse approved costs by the final business day of the month billed. All requests for reimbursable expense awarded through this grant must be submitted before January 10, 2013. 4.1.2. PROVIDER will provide a brief progress report and expense report to WCDHS within 30 days of receiving the final payment from WCDHS. The progress must detail achievements in meeting the proposed outcome of increasing community awareness of domestic violence and available support services and how this objective supports the mission of the Weld Faith Partnership. 4.1.3. PROVIDER agrees not to use any monies received from WCDHS to fund inherently religious activities and will abide by the non-proselytization policies, 4.1.4. PROVIDER certifies it will abide by Colorado Revised Statue (C.R.S.) 26-6-104, requiring criminal background check records for all employees and volunteers connected to the program, 4.1.5. PROVIDER will abide by Equal Employment Opportunity practices, 5. Modification of Agreement: All modifications to this Agreement shall be in writing and signed by both parties. 6. Assignment: This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. Neither party may assign any of its rights/obligations hereunder without the prior written consent of the other party. 7 Resolution of Disagreements: If a problem/disagreement should occur, the WCDHS Director and the PROVIDER Director should be notified immediately. If the problem/disagreement still cannot be resolved, the final decision will be made by the Director of the WCDHS. 8. Applicable Law: WCDHS and PROVIDER agree to follow policies and procedures in accordance with Federal and State regulations and other applicable laws and regulations. 9. Entire Agreement: This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and may not be changed or modified. 10. Waiver or Immunities/Third-Party Liability: 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 position of this Agreement be deemed to have created a duty of care with respect to any persons not a party to this Agreement. 11. Non-appropriation: No portion of this Agreement shall be deemed to create an obligation on the part of PROVIDER, the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. 12. Severability: If any section, subsection, paragraph, sentence, clause or phrase of the 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 unconstitutional or invalid. 13. Assurances: RED 1 U a v 2 See Exhibit B 8 `�(l 1/ IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be duly executed as of the day and year first hereinabove set forth. WELD COUNTY BOARD OF PROVIDER A WOMAN'S PLACE COUNTY COMMISSIONERS l' 1 Sean Conway, Chair Diane Tallrn , Board President OCT 1 5 ATTEST: r i' WELD COUNTY LERK TO THE BOARD a igigf tlbt ,1 ,� 6l� By: % ;; )1 7`)E,41f.Kali,, F r*' , Deputy Clerk Wthe Board 1' 1 y� WELD COUNTY DEPARTMENT OF HUMAN SERVICES tGeL �� Judy riego) mr Director f EXHIBIT A SCOPE OF SERVICES The Provider will utilize awarded funds a outlined in and meets the criteria for funding as set forth by the guidelines of the Weld Faith Council's Request for Proposals(RFP): To provide funding to proactive programs that utilize a collaborative approach to assisting at- risk families in accessing support through community faith-based organizations, government entities, and non-profit human services agencies. Priority funding will go those existing programs that have already established effective collaborations between faith, community, and government agencies with an emphasis on programs that address issues of promoting responsible fatherhood and healthy relationship education. This funding is meant to enhance collaborations and outreach of existing programs and will not be used as seed money to fund new programs or projects. The Provider will enhance their ability to inform and engage the Weld County community about domestic violence by creating a presentation board. This presentation board will: 1. Display information for use at community events and outreach efforts 2. Expand outreach with law enforcement and community partners 3. Identify available community services and support regarding domestic violence. The expected outcomes of the Provider's services will be to: • Increase community awareness of domestic violence and the dynamics of relationships, both healthy and unhealthy. • Increase community awareness of the Provider's services. EXHIBIT B ASSURANCES PROVIDER 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 PROVIDER or its employees,volunteers, or agents while performing duties as described in this Agreement. PROVIDER shall indemnify,defend,and hold harmless Weld County, the Board of County Commissioners of Weld County, its employees, volunteers, and agents. PROVIDER 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, PROVIDER shall provide WCDHS with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement be deemed to have treated a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract 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 Contract 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 Contract 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. PROVIDER 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 Contract. 8. PROVIDER 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 Contract 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 PROVIDER. 9. All such records, documents,communications, and other materials shall be the property of WCDHS and shall be maintained by PROVIDER, in a central location and custodian, in behalf of WCDHS, for a period of four(4)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 qualifications: 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 four(4)year period, or if audit findings have not been resolved after a four(4)year period, the materials shall be retained until the resolution of the audit finding. 10. PROVIDER 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 Contract 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 Contract shall be binding upon the parties hereto,their successors,heirs, legal representatives, and assigns. PROVIDER or WCDHS may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. PROVIDER certifies that federal appropriated funds have not been paid or will be paid, by or on behalf of PROVIDER,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. PROVIDER assures that it will fully comply with all other applicable federal and state laws. PROVIDER understands that the source of funds to be used under this Contract is Temporary Assistance For Needy Family Community Investment. 14. PROVIDER assures and certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment,declared ineligible,or voluntarily excluded from covered transaction 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 Contract, 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 WCDHS 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. During the term of the Contract,PROVIDER 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, PROVIDER shall submit to WCDHS, 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 WCDHS' termination, for cause,of its contract with PROVIDER. 16. PROVIDER shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection, no information about or obtained from any applicant/recipient in possession of PROVIDER shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with PROVIDER written policies governing access to, duplication and dissemination of, all such information. PROVIDER shall advise its employees, agents, and subcontractor, if any,that they are subject to these confidentiality requirements. PROVIDER 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 PROVIDER in the course of providing services under this Contract will be accorded at least the same precautions as are employed by PROVIDER 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 Social 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., WCDHS may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to WCDHS. 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 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. EXHIBIT C BUDGET item Description Total Presentation board Board to professionally display Information at community events and presentations $220 Printing and laminating costs ^++.^ryrnw`....k.iw.Ywa.«esw".Nwn4."."4"wrpww ow•crwrwrgrMw MNww«ow.ww $300 TOTAL.REQUEST $5a MEMORANDUM OF UNDERSTANDING BETWEEN COMMUNITY MEDIATION PROJECT AND 10/1 WELD COUNTY DEPARTMENT OF HUMAN SERVICES AUK /3 A 121 � . /g This Agreement is made and entered into this , - day of t1 ' -US I, 2012, between the Board of County Commissioners, Weld County, Colorado, on behalf of the Weld County Department of Human Services, hereafter referred to as"WCDHS", and a Community Mediation Project, hereinafter referred to as "Provider" WITNESSETH: WHEREAS, the Provider has the expertise to provide healthy relationships services;_and WHEREAS,the services proposed by the Provider are in alignment with the mission of the Weld Faith Partnership as outlined in and meets the criteria for funding as set forth by the guidelines of the Weld Faith Council's Request for Proposals(RFP) ; and WHEREAS,the Provider was a successful bidder under the RFP; and WHEREAS, the Provider has been deemed, under the RFP, to meet the provision of funding under the Temporary Assistance for Needy Families (TANF) to pay for its services. 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 between the Provider and WCDHS shall be for the period beginning August 1, 2012 through December 31, 2012. 2. Geoeraphic Areas To Be Served: Proposed services shall be provided to residents of Weld County. 3. WCDHS Responsibilities: 3.1.1. WCDHS will reimburse the Provider for services as specified in Exhibit A, Scope of Services, and Exhibit C, Budget, from TAN;. 3.1.2. WCDHS will monitor the agreement to ensure that awarded funding was utilized for services as proposed in the Weld Faith Council's Request for Proposals (RFP). 4. PROVIDER Responsibilities: PROVIDER will use funding received from WCDHS to inform and engage the community about issues of domestic violence as outlined in Exhibits A and C. PROVIDER will submit expenses as outlined in PROVIDER application for funding they wish to be reimbursed to WCDHS by the 10th of each month for costs incurred in the preceding month. WCDHS will reimburse approved costs by the final business day of the month billed. All requests for reimbursable expense awarded through this grant must be submitted before January 10, 2013. 4.1.2. PROVIDER will provide a brief progress report and expense report to WCDHS within 30 days of receiving the final payment from WCDHS. The progress must detail achievements in meeting the proposed outcome of teaching, coaching, and promoting healthy relationship skills for singles as well as dating, co-habitating, engaged and married couples and how this objective supports the mission of the Weld Faith Partnership. 4.1.3. PROVIDER agrees not to use any monies received from WCDHS to fund inherently religious activities and will abide by the non-proselytization policies, 4.1.4. PROVIDER certifies it will abide by Colorado Revised Statue (C.R.S.) 26-6-104, requiring criminal background check records for all employees and volunteers connected to the program, 4.1.5. PROVIDER will abide by Equal Employment Opportunity practices, 5. Modification of Agreement: All modifications to this Agreement shall be in writing and signed by both parties. 6. Assignment: This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. Neither party may assign any of its rights/obligations hereunder without the prior written consent of the other party. 7 Resolution of Disagreements: If a problem/disagreement should occur, the WCDHS Director and the PROVIDER Director should be notified immediately. If the problem/disagreement still cannot be resolved, the final decision will be made by the Director of the WCDHS. 8. Applicable Law: WCDHS and PROVIDER agree to follow policies and procedures in accordance with Federal and State regulations and other applicable laws and regulations. 9. Entire Agreement: This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and may not be changed or modified. 10. Waiver or Immunities/Third-Party Liability: 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 position of this Agreement be deemed to have created a duty of care with respect to any persons not a party to this Agreement. 11. Non-appropriation: No portion of this Agreement shall be deemed to create an obligation on the part of PROVIDER, the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. 12. Severability: If any section, subsection, paragraph, sentence, clause or phrase of the 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 unconstitutional or invalid. 13. Assurances: See Exhibit B IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be duly executed as of the day and year first hereinabove set forth. WELD COUNTY BOARD OF PROVIDER COUNTY COMMISSIONERS COMMUNITY MEDIATION PROJECT P Sean Conway, Chair, Board Pres'ient oard Presi OCT 1 5 2012 • A-ATTEST: /�WELD COnin.A., LERK TO THE BOA JI s �' l ; .�� Deputy Clerk s the Board WELD COUNTY DEPARTMENT OF HUMAN SERVICES Judy( � . Griego,�irector 1 � EXHIBIT A SCOPE OF SERVICES The Provider will utilize awarded funds a outlined in and meets the criteria for funding as set forth by the guidelines of the Weld Faith Council's Request for Proposals (RFP): To provide funding to proactive programs that utilize a collaborative approach to assisting at- risk families in accessing support through community faith-based organizations, government entities, and non-profit human services agencies. Priority funding will go those existing programs that have already established effective collaborations between faith, community, and government agencies with an emphasis on programs that address issues of promoting responsible fatherhood and healthy relationship education. This funding is meant to enhance collaborations and outreach of existing programs and will not be used as seed money to fund new programs or projects. The Provider will enhance their ability to provide services and support to at-risk fathers and their families in Weld County. Funds will be used to: l. Purchase a computer monitor for use in proving healthy relationship services. 2. Purchase white boards for use in proving healthy relationship services. The expected outcomes of the Provider's services will be to: • Expand community outreach of healthy relationship programming • Continue service provision of services offered through the Building Healthy Marriages program. EXHIBIT B ASSURANCES 1. PROVIDER 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 PROVIDER or its employees,volunteers, or agents while performing duties as described in this Agreement. PROVIDER shall indemnify, defend, and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees, volunteers, and agents. PROVIDER 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, PROVIDER shall provide WCDHS with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, not shall any portion of this Agreement be deemed to have treated a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract 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 Contract 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 Contract 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. PROVIDER 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 Contract. 8. PROVIDER 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 Contract 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 PROVIDER. 9. All such records, documents, communications, and other materials shall be the property of WCDHS and shall be maintained by PROVIDER, in a central location and custodian, in behalf of WCDHS, for a period of four(4)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 qualifications: 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 four(4)year period, or if audit findings have not been resolved after a four(4)year period, the materials shall be retained until the resolution of the audit finding. 10. PROVIDER 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 Contract 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 Contract shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. PROVIDER or WCDHS may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. PROVIDER certifies that federal appropriated funds have not been paid or will be paid, by or on behalf of PROVIDER, 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. PROVIDER assures that it will fully comply with all other applicable federal and state laws. PROVIDER understands that the source of funds to be used under this Contract is Temporary Assistance For Needy Family Community Investment. 14. PROVIDER assures and certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transaction 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 Contract, 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 WCDHS 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. During the term of the Contract, PROVIDER 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, PROVIDER shall submit to WCDHS, a full disclosure statement setting forth the details that create the appearance of a conflict of a interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for WCDHS' termination, for cause, of its contract with PROVIDER. 16. PROVIDER shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection, no information about or obtained from any applicant/recipient in possession of PROVIDER shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with PROVIDER written policies governing access to, duplication and dissemination of, all such information. PROVIDER shall advise its employees, agents, and subcontractor, if any, that they are subject to these confidentiality requirements. PROVIDER 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 PROVIDER in the course of providing services under this Contract will be accorded at least the same precautions as are employed by PROVIDER 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 Social 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., WCDHS may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to WCDHS. 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 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. EXHIBIT C BUDGET Item Description Total Signs Street advertising as well as exits,offices and restroom as required by code 219.45 Whiteboards Educational aids for participants and educators to use in Training Room 563.80 27"Computer Monitor To use for audio/visual aid in Training Room where LCD projection is impractical 279.98 Total for items above 1,063.23 n x TOTAL REQUEST 1,000.00 MEMORANDUM OF UNDERSTANDING BETWEEN TOWER 21 AND WELD COUNTY DEPARTMENT OF HUMAN SERVICES This Agreement is made and entered into this day of , 2012, between the Board of County Commissioners, Weld County, Colorado, on behalf of the Weld County Department of Human Services, hereafter referred to as "WCDHS", and a Tower 21, hereinafter referred to as"Provider" WITNESSETH: WHEREAS, the Provider has the expertise to provide promoting responsible fatherhood and healthy I relationships services; and WHEREAS, the services proposed by the Provider are in alignment with the mission of the Weld Faith Partnership as outlined in and meets the criteria for funding as set forth by the guidelines of the Weld Faith Council's Request for Proposals (RFP) ; and WHEREAS, the Provider was a successful bidder under the RFP; and WHEREAS, the Provider has been deemed, under the RFP, to meet the provision of funding under the Temporary Assistance for Needy Families(TANF) to pay for its services. 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 between the Provider and WCDHS shall be for the period beginning August 1, 2012 through December 31, 2012. 2. Geographic Areas To Be Served: Proposed services shall be provided to residents of Weld County. 3. WCDHS Responsibilities: 3.1.1. WCDHS will reimburse the Provider for services as specified in Exhibit A, Scope of Services, and Exhibit C, Budget, from TANF. 3.1.2. WCDHS will monitor the agreement to ensure that awarded funding was utilized for services as proposed in the Weld Faith Council's Request for Proposals(RFP). 4. PROVIDER Responsibilities: PROVIDER will use funding received from WCDHS to inform and engage the community about issues of domestic violence as outlined in Exhibits A and C. PROVIDER will submit expenses as outlined in PROVIDER application for funding they wish to be reimbursed to WCDHS by the 10th of each month for costs incurred in the preceding month. WCDHS will reimburse approved costs by the final business day of the month billed. All requests for reimbursable expense awarded through this grant must be submitted before January 10, 2013. 4.1.2. PROVIDER will provide a brief progress report and expense report to WCDHS within 30 days of receiving the final payment from WCDHS. The progress must detail achievements in meeting the proposed outcome of increasing fathers' age-appropriate parenting skills and ability to successfully navigate the social services system and how this objective supports the mission of the Weld Faith Partnership. 4.1.3. PROVIDER agrees not to use any monies received from WCDHS to fund inherently religious activities and will abide by the non-proselytization policies, 4.1.4. PROVIDER certifies it will abide by Colorado Revised Statue (C.R.S.) 26-6-104, requiring criminal background check records for all employees and volunteers connected to the program, 4.1.5. PROVIDER will abide by Equal Employment Opportunity practices, 5. Modification of Agreement: All modifications to this Agreement shall be in writing and signed by both parties. 6. Assignment: This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. Neither party may assign any of its rights/obligations hereunder without the prior written consent of the other party. 7 Resolution of Disagreements: If a problem/disagreement should occur, the WCDHS Director and the PROVIDER Director should be notified immediately. If the problem/disagreement still cannot be resolved, the final decision will be made by the Director of the WCDHS. 8. Applicable Law: WCDHS and PROVIDER agree to follow policies and procedures in accordance with Federal and State regulations and other applicable laws and regulations. 9. Entire Agreement: This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and may not be changed or modified. 10. Waiver or Immunities/Third-Party Liability: 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 position of this Agreement be deemed to have created a duty of care with respect to any persons not a party to this Agreement. 11. Non-appropriation: No portion of this Agreement shall be deemed to create an obligation on the part of PROVIDER, the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. 12. Severability: If any section, subsection, paragraph, sentence, clause or phrase of the 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 unconstitutional or invalid. 13. Assurances: See Exhibit B IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be duly executed as of the day and year first hereinabove set forth. WELD COUNTY BOARD OF PROVIDER TOWER 21 COUNTY COMMISSIONERS , Sean Conway, Chair, Board Pr ' ent Todd Welch, Board President OCT15 0122 ae onsAjA ATTEST: 1 •, S La`% WELD COUNT CLERK TO THE BO dot t t By: c• ill�t/ %;A/hko Deputy Clerk tard WELD COUNTY DEPARTMENT OF HUMAN SERVICES ` � / AA, Ck C, AU .—J Judy 7!9iriego, D ector il L ;- ,x9'60 EXHIBIT A SCOPE OF SERVICES The Provider will utilize awarded funds a outlined in and meets the criteria for funding as set forth by the guidelines of the Weld Faith Council's Request for Proposals(RFP): To provide funding to proactive programs that utilize a collaborative approach to assisting at- risk families in accessing support through community faith-based organizations, government entities, and non-profit human services agencies. Priority funding will go those existing programs that have already established effective collaborations between faith, community, and government agencies with an emphasis on programs that address issues of promoting responsible fatherhood and healthy relationship education. This funding is meant to enhance collaborations and outreach of existing programs and will not be used as seed money to fund new programs or projects. The Provider will enhance their ability to provide services and support to at-risk fathers and their families in Weld County.Funds will be used to: 1. Provide meals at weekly fatherhood support group meetings 2. To provide on-site child care during fatherhood support group meetings 3. Purchase workbooks for the evidence-based fatherhood curriculum. The expected outcomes of the Provider's services will be to: • Increase understanding of age-appropriate parenting skills. • Increase ability to successfully navigate the social services system and connect with other venues of family support. • Increase positive male role modeling behaviors. EXHIBIT B ASSURANCES 1. PROVIDER 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 PROVIDER or its employees,volunteers, or agents while performing duties as described in this Agreement. PROVIDER shall indemnify, defend,and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees, volunteers, and agents. PROVIDER 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, PROVIDER shall provide WCDHS with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, not shall any portion of this Agreement be deemed to have treated a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract 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 Contract 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 Contract 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. PROVIDER 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 Contract. 8. PROVIDER 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 Contract 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 PROVIDER. 9. All such records, documents, communications, and other materials shall be the property of WCDHS and shall be maintained by PROVIDER, in a central location and custodian, in behalf of WCDHS, for a period of four(4)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 qualifications: 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 four(4)year period, or if audit findings have not been resolved after a four(4)year period,the materials shall be retained until the resolution of the audit finding. 10. PROVIDER 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 Contract 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 Contract shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. PROVIDER or WCDHS may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12, PROVIDER certifies that federal appropriated funds have not been paid or will be paid, by or on behalf of PROVIDER,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. PROVIDER assures that it will fully comply with all other applicable federal and state laws. PROVIDER understands that the source of funds to be used under this Contract is Temporary Assistance For Needy Family Community Investment. 14. PROVIDER assures and certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transaction 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 Contract, 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 WCDHS 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. During the term of the Contract,PROVIDER 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, PROVIDER shall submit to WCDHS, 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 WCDHS' termination, for cause, of its contract with PROVIDER. 16. PROVIDER shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection, no information about or obtained from any applicant/recipient in possession of PROVIDER shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with PROVIDER written policies governing access to, duplication and dissemination of, all such information. PROVIDER shall advise its employees, agents, and subcontractor, if any, that they are subject to these confidentiality requirements. PROVIDER 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 PROVIDER in the course of providing services under this Contract will be accorded at least the same precautions as are employed by PROVIDER 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 Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8- 17.5-102(2)(6). 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., WCDHS may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to WCDHS. 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 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. EXHIBIT C BUDGET ., 14:": It pescrip R _ YToaa Weekly Meals Each week will have a meal to encourage $400.00 relationship building with other fathers. A meal can be prepared for around 25.00 a night. Weekly Child Care Fathers are encouraged to bring their children $400.00 with them if possible. Child care is 25.00 per night. Educational Workbooks, pens, journals and three ring $200.00 Materials binders. Total Requesf ry? 1.€WD 00 ; ,. a. ..._. MEMORANDUM OF UNDERSTANDING BETWEEN SEXUAL ASSAULT VICTIM ADVOCACY (SAVA) CENTER AND WELD COUNTY DEPARTMENT OF HUMAN SERVICES A L This Agreement is made and entered into this Jc ' day of , 2012, between the Board of County Commissioners, Weld County, Colorado, on behalf o t Weld County Department of Human Services, hereafter referred to as"WCDHS", and Sexual Assault Victim Advocate (SAVA)Center, hereinafter referred to as "Provider" WITNESSETH: I WHEREAS, the Provider has the expertise to provide healthy relationships services; and WHEREAS, the services proposed by the Provider are in alignment with the mission of the Weld Faith Partnership as outlined in and meets the criteria for funding as set forth by the guidelines of the Weld Faith Council's Request for Proposals (RFP) ; and WHEREAS, the Provider was a successful bidder under the RFP; and WHEREAS, the Provider has been deemed, under the RFP, to meet the provision of funding under the Temporary Assistance for Needy Families (TANF)to pay for its services. 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 between the Provider and WCDHS shall be for the period beginning August 1, 2012 through December 31, 2012. 2. Geographic Areas To Be Served: Proposed services shall be provided to residents of Weld County. 3. WCDHS Responsibilities: 3.1.1. WCDHS will reimburse the Provider for services as specified in Exhibit A, Scope of Services, and Exhibit C, Budget, from TANF. 3.1.2. WCDHS will monitor the agreement to ensure that awarded funding was utilized for services as proposed in the Weld Faith Council's Request for Proposals (RFP). 4. PROVIDER Responsibilities: PROVIDER will use funding received from WCDHS to inform and engage the community about issues of domestic violence as outlined in Exhibits A and C. PROVIDER will submit expenses as outlined in PROVIDER application for funding they wish to be reimbursed to WCDHS by the 10th of each month for costs incurred in the preceding month. WCDHS will reimburse approved costs by the final business day of the month billed. All requests for reimbursable expense awarded through this grant must be submitted before January 10, 2013. 4.1.2. PROVIDER will provide a brief progress report and expense report to WCDHS within 30 days of receiving the final payment from WCDHS. The progress must detail achievements in meeting the proposed outcome of promoting healthy relationship skills and cultivating protective factors to reduce the prevalence of perpetration and risk of victimization and how this objective supports the mission of the Weld Faith Partnership. 4.1.3. PROVIDER agrees not to use any monies received from WCDHS to fund inherently religious activities and will abide by the non-proselytization policies, 4.1.4. PROVIDER certifies it will abide by Colorado Revised Statue (C.R.S.) 26-6-104, requiring criminal background check records for all employees and volunteers connected to the program, 4.1.5. PROVIDER will abide by Equal Employment Opportunity practices, 5. Modification of Agreement: All modifications to this Agreement shall be in writing and signed by both parties. 6. Assignment: This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. Neither party may assign any of its rights/obligations hereunder without the prior written consent of the other party. 7 Resolution of Disagreements: If a problem/disagreement should occur, the WCDHS Director and the PROVIDER Director should be notified immediately. If the problem/disagreement still cannot be resolved, the final decision will be made by the Director of the WCDHS. 8. Applicable Law: WCDHS and PROVIDER agree to follow policies and procedures in accordance with Federal and State regulations and other applicable laws and regulations. 9. Entire Agreement: This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and may not be changed or modified. 10. Waiver or Immunities/Third-Party Liability: 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 position of this Agreement be deemed to have created a duty of care with respect to any persons not a party to this Agreement. 11. Non-appropriation: No portion of this Agreement shall be deemed to create an obligation on the part of PROVIDER, the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. 12. Severability: If any section, subsection, paragraph, sentence, clause or phrase of the 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 unconstitutional or invalid. 13. Assurances: See Exhibit B IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be duly executed as of the day and year first hereinabove set forth. WELD COUNTY BOARD OF PROVIDER COUNTY COMMISSIONERS SEXUAL ASSAULT VICTIM ADVOCATE (SAyA) CENTER Sean Conway, Chair, Board Pr ident Stacy Stol-n,Boa d President OCT 012 , nvrww - .•_ 1 Qe ATTEST: WELD COUNT CLERK TO THE B P ' ' '.2 tet1/42 t �/ yen ' By: _ ,0 _ ' ,t Deputy Clerk. s the BoardUtl WELD COUNTY DEPARTMENT OF HUMAN SERVICES AL 0 U 61\L L 0‘-, J y A. Griego, Director . , c)LTVLQ- c9 9' EXHIBIT A SCOPE OF SERVICES The Provider will utilize awarded funds a outlined in and meets the criteria for funding as set forth by the guidelines of the Weld Faith Council's Request for Proposals (RFP): To provide funding to proactive programs that utilize a collaborative approach to assisting at- risk families in accessing support through community faith-based organizations, government entities, and non-profit human services agencies. Priority funding will go those existing programs that have already established effective collaborations between faith, community, and government agencies with an emphasis on programs that address issues of promoting responsible fatherhood and healthy relationship education. This funding is meant to enhance collaborations and outreach of existing programs and will not be used as seed money to fund new programs or projects. The Provider will enhance their ability to provide services will support healthy relationship and violence prevention programming at the Platte Valley Youth Services Center. Funds will be used to: 1. Provide direct staff healthy relationship programming by male and female prevention educators within Platte Valley Youth Services Center. The expected outcomes of the Provider's services will be to: • Youth will develop a better understanding of: 1) personal boundaries, 2) the dynamics of sexual assault, and 3) the attributes of healthy relationships • Participants will be able to: 1) display personal accountability 2) engage in prevention strategies, and 3) support victims of sexual assault. EXHIBIT B ASSURANCES 1. PROVIDER 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 PROVIDER or its employees, volunteers, or agents while performing duties as described in this Agreement. PROVIDER shall indemnify, defend,and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees, volunteers, and agents. PROVIDER 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, PROVIDER shall provide WCDHS with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, not shall any portion of this Agreement be deemed to have treated a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract 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 Contract 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 Contract 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. PROVIDER 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 Contract. 8. PROVIDER 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 Contract 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 PROVIDER. 9. All such records, documents, communications, and other materials shall be the property of WCDHS and shall be maintained by PROVIDER, in a central location and custodian, in behalf of WCDHS, for a period of four(4)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 qualifications: 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 four(4)year period, or if audit findings have not been resolved after a four(4)year period,the materials shall be retained until the resolution of the audit finding. 10. PROVIDER 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 Contract 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 Contract shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. PROVIDER or WCDHS may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. PROVIDER certifies that federal appropriated funds have not been paid or will be paid, by or on behalf of PROVIDER,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. PROVIDER assures that it will fully comply with all other applicable federal and state laws. PROVIDER understands that the source of funds to be used under this Contract is Temporary Assistance For Needy Family Community Investment. 14. PROVIDER assures and certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transaction 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 Contract, 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 WCDHS 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. During the term of the Contract,PROVIDER 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, PROVIDER shall submit to WCDHS, 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 WCDHS' termination, for cause,of its contract with PROVIDER. 16. PROVIDER shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection, no information about or obtained from any applicant/recipient in possession of PROVIDER shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with PROVIDER written policies governing access to, duplication and dissemination of, all such information. PROVIDER shall advise its employees, agents, and subcontractor, if any,that they are subject to these confidentiality requirements. PROVIDER 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 PROVIDER in the course of providing services under this Contract will be accorded at least the same precautions as are employed by PROVIDER 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 Social 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., WCDHS may ter^^^ate this Contract for breach and Contractor shall be liable for actual and consequential damages to WCDHS. 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 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. EXHIBIT C BUDGET Item Description Total Salary 20 hours of SART programming provided by male and female prevnetion educator @12/hr $960.00 TOTAL REQUEST $960.00 MEMORANDUM OF UNDERSTANDING BETWEEN REDEEMER PROJECT AND WELD COUNTY DEPARTMENT OF HUMAN SERVICES This Agreement is made and entered into this day of , 2012, between the Board of County Commissioners, Weld County, Colorado, on behalf of the Weld County Department of Human Services, hereafter referred to as "WCDHS", and Redeemer Project, hereinafter referred to as "Provider" WITNESSETH: I WHEREAS,the Provider has the expertise to provide healthy relationships services; and WHEREAS, the services proposed by the Provider are in alignment with the mission of the Weld Faith Partnership as outlined in and meets the criteria for funding as set forth by the guidelines of the Weld Faith Council's Request for Proposals(RFP); and WHEREAS,the Provider was a successful bidder under the RFP; and WHEREAS,the Provider has been deemed, under the RFP, to meet the provision of funding under the Temporary Assistance for Needy Families(TANF)to pay for its services. 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 between the Provider and WCDHS shall be for the period beginning August 1, 2012 through December 31, 2012. 2. Geographic Areas To Be Served: Proposed services shall be provided to residents of Weld County. 3. WCDHS Responsibilities: 3.1.1. WCDHS will reimburse the Provider for services as specified in Exhibit A, Scope of Services, and Exhibit C. Budget, from TANF. 3.1.2. WCDHS will monitor the agreement to ensure that awarded funding was utilized for services as proposed in the Weld Faith Council's Request for Proposals (RFP). 4. PROVIDER Responsibilities: PROVIDER will use funding received from WCDHS to inform and engage the community about issues of domestic violence as outlined in Exhibits A and C. PROVIDER will submit expenses as outlined in PROVIDER application for funding they wish to be reimbursed to WCDHS by the 10th of each month for costs incurred in the preceding month. WCDHS will reimburse approved costs by the final business day of the month billed. All requests for reimbursable expense awarded through this grant must be submitted before January 10, 2013. 4.1.2. PROVIDER will provide a brief progress report and expense report to WCDHS within 30 days of receiving the final payment from WCDHS. The progress must detail achievements in meeting the proposed outcome of promoting healthy relationships to empower under-served students through tutoring, mentoring, family strengthening and youth development and how this objective supports the mission of the Weld Faith Partnership. 4.1.3. PROVIDER agrees not to use any monies received from WCDHS to fund inherently religious activities and will abide by the non-proselytization policies, 4.1.4. PROVIDER certifies it will abide by Colorado Revised Statue (C.R.S.) 26-6-104, requiring criminal background check records for all employees and volunteers connected to the program, 4.1.5. PROVIDER will abide by Equal Employment Opportunity practices, 5. Modification of Agreement: All modifications to this Agreement shall be in writing and signed by both parties. 6. Assignment: This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. Neither party may assign any of its rights/obligations hereunder without the prior written consent of the other party. 7 Resolution of Disagreements: If a problem/disagreement should occur, the WCDHS Director and the PROVIDER Director should be notified immediately. If the problem/disagreement still cannot be resolved, the final decision will be made by the Director of the WCDHS. S. Applicable Law: WCDHS and PROVIDER agree to follow policies and procedures in accordance with Federal and State regulations and other applicable laws and regulations. 9. Entire Agreement: This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and may not be changed or modified. 10. Waiver or Immunities/Third-Party Liability: 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 position of this Agreement be deemed to have created a duty of care with respect to any persons not a party to this Agreement. 11. Non-appropriation: No portion of this Agreement shall be deemed to create an obligation on the part of PROVIDER, the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. 12. Severability: If any section, subsection, paragraph, sentence, clause or phrase of the 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 unconstitutional or invalid. 13. Assurances: See Exhibit B IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be duly executed as of the day and year first hereinabove set forth. WELD COUNTY BOARD OF PROVIDER COUNTY COMMISSIONERS REDEEMER PROJE T Sean Conway, Chair, Board Presi nt Sean Gilliam , Boar resident OCT 1 5 2012 ila ee _ ATTEST: , WELD COUNT w CLERK TO THE :'/A' 41 By: ." L /i � r Deputy Clerk" o the Board WELD COUNTY DEPARTMENT OF HUMAN SERVICES Judy A. i;go, Direcitor .*Z'/1 — 9GG� EXHIBIT A SCOPE OF SERVICES The Provider will utilize awarded funds a outlined in and meets the criteria for funding as set forth by the guidelines of the Weld Faith Council's Request for Proposals (RFP): To provide funding to proactive programs that utilize a collaborative approach to assisting at- risk families in accessing support through community faith-based organizations, government entities, and non-profit human services agencies. Priority funding will go those existing programs that have already established effective collaborations between faith, community, and government agencies with an emphasis on programs that address issues of promoting responsible fatherhood and healthy relationship education. This funding is meant to enhance collaborations and outreach of existing programs and will not be used as seed money to fund new programs or projects. The Provider will empower under-served students through tutoring, mentoring, family strengthening and youth development so that they become productive, compassionate members of our community. Funds will be used to: 1. Purchase a laptop computer for tutoring needs 2. Purchase of calculators, and paper for tutoring needs 3. Purchase of Math Tutoring textbook The expected outcomes of the Provider's services will be to: • Participants will increase math skills • Participants will report increased support through mentor relationships • Participants will report decreased at-risk activity due to mentor involvement. EXHIBIT B ASSURANCES 1. PROVIDER 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 PROVIDER or its employees, volunteers, or agents while performing duties as described in this Agreement. PROVIDER shall indemnify, defend, and hold harmless Weld County,the Board of County Commissioners of Weld County, its employees, volunteers, and agents. PROVIDER 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, PROVIDER shall provide WCDHS with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, not shall any portion of this Agreement be deemed to have treated a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract 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 Contract 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 Contract 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. PROVIDER 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 Contract. 8. PROVIDER 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 Contract 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 PROVIDER. 9. All such records, documents, communications, and other materials shall be the property of WCDHS and shall be maintained by PROVIDER, in a central location and custodian, in behalf of WCDHS, for a period of four(4)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 qualifications: 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 four(4)year period, or if audit findings have not been resolved after a four(4)year period, the materials shall be retained until the resolution of the audit finding. 10. PROVIDER 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 Contract 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 Contract shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. PROVIDER or WCDHS may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. PROVIDER certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of PROVIDER,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. PROVIDER assures that it will fully comply with all other applicable federal and state laws. PROVIDER understands that the source of funds to be used under this Contract is Temporary Assistance For Needy Family Community Investment. 14. PROVIDER assures and certifies that it and its principals: a. Are not presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from covered transaction 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 Contract, 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 WCDHS 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. During the term of the Contract, PROVIDER 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, PROVIDER shall submit to WCDHS, 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 WCDHS' termination, for cause, of its contract with PROVIDER. 16. PROVIDER shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection, no information about or obtained from any applicant/recipient in possession of PROVIDER shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with PROVIDER written policies governing access to, duplication and dissemination of, all such information. PROVIDER shall advise its employees, agents, and subcontractor, if any,that they are subject to these confidentiality requirements. PROVIDER 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 PROVIDER in the course of providing services under this Contract will be accorded at least the same precautions as are employed by PROVIDER 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 Social 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., WCDHS may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to WCDHS. 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 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. EXHIBIT C BUDGET Item Description Total Laptop Dell Inspiron laptop with wireless Adaptor,MS Office Student Edition(1) 698.00 Calculators Texas Instruments TI-15 Explorer Calculator(4) 80.00 Scientific Calculator HP 35S Scientific Calculator 53.00 Paper 5 Reams-Office Max Item#06016811 45.00 Tutoring textbook Math Doesn't Suck:How to Make it Through Middle School Math... 8.23 `Prices do not reflect taxes and shipping' : TOTAL REQUEST 884.23 MEMORANDUM OF UNDERSTANDING BETWEEN TOWER 21 AND WELD COUNTY DEPARTMENT OF HUMAN SERVICES This Agreement is made and entered into this day of , 2012, between the Board of County Commissioners, Weld County, Colorado, on behalf of the Weld County Department of Human Services, hereafter referred to as"WCDHS", and a Tower 21, hereinafter referred to as"Provider" WITNESSETH: WHEREAS, the Provider has the expertise to provide healthy relationships services and self-sufficiency classes; and WHEREAS, the services proposed by the Provider are in alignment with the mission of the Weld Faith Partnership as outlined in and meets the criteria for funding as set forth by the guidelines of the Weld Faith Council's Request for Proposals (RFP); and WHEREAS,the Provider was a successful bidder under the RFP; and WHEREAS, the Provider has been deemed, under the RFP,to meet the provision of funding under the Temporary Assistance for Needy Families (TANF) to pay for its services. 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 between the Provider and WCDHS shall be for the period beginning August 1, 2012 through December 31, 2012. 2. Geographic Areas To Be Served: Proposed services shall be provided to residents of Weld County. 3. WCDHS Responsibilities: 3.1.1. WCDHS will reimburse the Provider for services as specified in Exhibit A, Scope of Services, and Exhibit C,Budget, from TANF. 3.1.2. WCDHS will monitor the agreement to ensure that awarded funding was utilized for services as proposed in the Weld Faith Council's Request for Proposals (RFP). 4. PROVIDER Responsibilities: PROVIDER will use funding received from WCDHS to inform and engage the community about issues of domestic violence as outlined in Exhibits A and C. PROVIDER will submit expenses as outlined in PROVIDER application for funding they wish to be reimbursed to WCDHS by the 10th of each month for costs incurred in the preceding month. WCDHS will reimburse approved costs by the final business day of the month billed. All requests for reimbursable expense awarded through this grant must be submitted before January 10, 2013. 7G'/2-,-21G� 4.1.2. PROVIDER will provide a brief progress report and expense report to WCDHS within 30 days of receiving the final payment from WCDHS. The progress must detail achievements in meeting the proposed outcome of empowering individuals to effectively utilize positive relationship skills as a means to build bridges out of poverty and how this objective supports the mission of the Weld Faith Partnership. 4.1.3. PROVIDER agrees not to use any monies received from WCDHS to fund inherently religious activities and will abide by the non-proselytization policies, 4.1.4. PROVIDER certifies it will abide by Colorado Revised Statue (C.R.S.) 26-6-104, requiring criminal background check records for all employees and volunteers connected to the program, 4.1.5. PROVIDER will abide by Equal Employment Opportunity practices, 5. Modification of Agreement: All modifications to this Agreement shall be in writing and signed by both parties. 6. Assignment: This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. Neither party may assign any of its rights/obligations hereunder without the prior written consent of the other party. 7 Resolution of Disagreements: If a problem/disagreement should occur, the WCDHS Director and the PROVIDER Director should be notified immediately. If the problem/disagreement still cannot be resolved, the final decision will be made by the Director of the WCDHS. 8. Applicable Law: WCDHS and PROVIDER agree to follow policies and procedures in accordance with Federal and State regulations and other applicable laws and regulations. 9. Entire Agreement: This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and may not be changed or modified. 10. Waiver or Immunities/Third-Party Liability: 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 position of this Agreement be deemed to have created a duty of care with respect to any persons not a party to this Agreement. 11. Non-appropriation: No portion of this Agreement shall be deemed to create an obligation on the part of PROVIDER, the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. 12. Severability: If any section, subsection, paragraph, sentence, clause or phrase of the 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 4 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 unconstitutional or invalid. 13. Assurances: See Exhibit B IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be duly executed as of the day and year first hereinabove set forth. WELD COUNTY BOARD OF PROVIDER TOWER 21 COUNTY COMMISSIONERS Sean Conway, Chair, Board Pres' n . Todd Welch, Board President 0CT 1 5 2012 ATTEST Q°aWELD CntwassbanA44:10414s CLERK TO THE BOA1/42 it # �► / 1461 'l�T'J,'4 •' By: (' ,, : Deputy Clerk • the Board WELD COUNTY DEPARTMENT OF HUMAN SERVICES 4y (:) l ' 1l Judy A A . Griego, D)rector EXHIBIT A SCOPE OF SERVICES The Provider will utilize awarded funds a outlined in and meets the criteria for funding as set forth by the guidelines of the Weld Faith Council's Request for Proposals(RFP): To provide funding to proactive programs that utilize a collaborative approach to assisting at- risk families in accessing support through community faith-based organizations, government entities, and non-profit human services agencies. Priority funding will go those existing programs that have already established effective collaborations between faith, community, and government agencies with an emphasis on programs that address issues of promoting responsible fatherhood and healthy relationship education. This funding is meant to enhance collaborations and outreach of existing programs and will not be used as seed money to fund new programs or projects. The Provider will enhance their ability to provide services and support to at-risk fathers and their families in Weld County. Funds will be used to: 1. Provide participant incentives. 2. Purchase supplies for classes. 3. Purchase workbooks and facilitator training materials for the evidence-based curriculum. The expected outcomes of the Provider's services will be to: • Increased ability to demonstrate effective communication and conflict resolution skills. • Increased understanding of financial literacy. EXHIBIT B ASSURANCES 1. PROVIDER 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 PROVIDER or its employees,volunteers, or agents while performing duties as described in this Agreement. PROVIDER shall indemnify,defend, and hold harmless Weld County, the Board of County Commissioners of Weld County, its employees,volunteers, and agents. PROVIDER 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, PROVIDER shall provide WCDHS with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,not shall any portion of this Agreement be deemed to have treated a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract 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 Contract 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 Contract 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. PROVIDER 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 Contract. 8. PROVIDER 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 Contract 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 PROVIDER. 9. All such records,documents, communications, and other materials shall be the property of WCDHS and shall be maintained by PROVIDER, in a central location and custodian, in behalf of WCDHS, for a period of four(4)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 qualifications: 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 four(4)year period, or if audit findings have not been resolved after a four(4)year period, the materials shall be retained until the resolution of the audit finding. 10. PROVIDER 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 Contract 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 Contract shall be binding upon the parties hereto,their successors, heirs, legal representatives, and assigns. PROVIDER or WCDHS may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. PROVIDER certifies that federal appropriated funds have not been paid or will be paid, by or on behalf of PROVIDER, 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. PROVIDER assures that it will fully comply with all other applicable federal and state laws. PROVIDER understands that the source of funds to be used under this Contract is Temporary Assistance For Needy Family Community Investment. 14. PROVIDER assures and certifies that it and its principals: a. Are not presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from covered transaction 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 Contract,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 WCDHS 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. During the term of the Contract, PROVIDER 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, PROVIDER shall submit to WCDHS, 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 WCDHS' termination, for cause,of its contract with PROVIDER. 16. PROVIDER shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection, no information about or obtained from any applicant/recipient in possession of PROVIDER shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with PROVIDER written policies governing access to, duplication and dissemination of, all such information. PROVIDER shall advise its employees, agents, and subcontractor, if any,that they are subject to these confidentiality requirements. PROVIDER 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 PROVIDER in the course of providing services under this Contract will be accorded at least the same precautions as are employed by PROVIDER 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 Social 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., WCDHS may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to WCDHS. 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 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. EXHIBIT C BUDGET Investigator's Curriculum based work books to assist participant. $250.00 Supplies Miscellaneous office supplies such as notebooks, calculators, pens and graph paper. Cost is $50.00 per individual. Facilitator's Educational DVD, Facilitator's book, 3 flip charts, $250.00 Supplies easel, white board and dry erase markers. Incentives Drawings held as incentive for participant. There $500.00 are various denominations available in the drawing. Total Kequested x s 5 $ r 00 Hello