HomeMy WebLinkAbout20100092 RESOLUTION
RE: APPROVE ASSIGNMENT AGREEMENT CONCERNING CONTRACT PROMOTING
RESPONSIBLE FATHERHOOD PROGRAM FROM WELD COUNTY DEPARTMENT OF
HUMAN SERVICES TO COMMUNITY DEVELOPMENT INSTITUTE 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, on August 24, 2009, the Board approved a contract, on behalf of the Weld
County Department of Human Services, with the Colorado Department of Human Services, with a
term commencing October 1, 2009, and ending September 30, 2010, and
WHEREAS,the assignment agreement will transfer all of the rights and obligations under the
above-referenced contract to Community Development Institute, effective January 1, 2010, for the
remaining months of the contract term, and
WHEREAS, after review, the Board believes that it is in the best interest of the citizens of
Weld County that the assignment agreement be allowed to proceed.
NOW, THEREFORE, BE IT RESOLVED the assignment agreement be, and hereby is
approved, and Community Development Institute has been informed of its rights and obligations
under its contract with the Colorado Department of Human Services.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said assignment agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of January A.D., 2010, nunc pro tunc January 1, 2010.
BOARD OF COUNTY COMMISSIONERS
,I IE Lt ELD COUNTY, COLORADO
ATTEST: J/ • Af• ,j►�, - ert-44,4---
1 IF5I , O;:, �� .la- Radema'her, C ir'
Weld County Clerk to the Boated, 'qq�j`
- (� '\ :ar.ara Kirkmeyer, ro-Tem
BY: kk /Ur t,GZZ1('C`�/�1)1
Deputy Cler to the Board
Jll Se 1)
AP ED AS • tl e
William F. Garcia
ounty Attorney G e J`�
David E. Long Y
Date of signature: Iif ite
2010-0092
HR0081
STATE OF COLORADO
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Colorado Department of Human Services �� /876��
people who help people try
PROMOTING RESPONSIBLE FATHERHOOD PROGRAM D i 'r
Richard E.Batten,Program Administrator _ Bill Ritter,Jr.
JAN0 1575 Sherman Street,3rd Floor R ?ono Governor
Denver,Colorado 80203-1241 U U Phone:303.866.3808 Karen L.Beye
�...,�,..�..,._, .. ,'J'
„ytm. Ty „?` Executive Director
ATTORNEY'S
rich.batten@state.co.us JOFFICE
January 6, 2010
Mr. Bruce Barker
Weld County Attorney
915 10th Street
PO Box 758
Greeley, CO 80632
Dear Mr. Barker:
Enclosed are four copies of the Assignment Agreement for the contract between Weld County
and Colorado Department of Human Services. These Agreements will need to be signed by
the Board Chair of Weld County Commissioners and by the Board Chair of the Transferee,
Community Development Institute. All copies must be returned to the attention of Jackie
Rogers, CDHS Fatherhood, 1575 Sherman Street, 3rd Floor, Denver, CO 80203. A fully
executed document will be provided to you and Community Development Institute. Thank you
for your assistance.
Respectfully,
/e'
Richard E. Batten, Fatherhood Specialist
Colorado Promoting Responsible Fatherhood
Phone: 303.866.3808
Rich.batten@state.co.us
Kern Bennett,Program Specialist Jackie Rogers,Program Staff
Phone: 303 866-3919 Phone: 303 866-5206
Kelli.Bennett@state.co.us Jacquelyn.Rogers@state.co.us
2010-0092
.
ASSIGNMENT AGREEMENT
This ASSIGNMENT AGREEMENT is made this 7th day of January, 2010,
among Weld County (Contractor and Transferor), Community Development Institute per.,—)_2,.. 6_4
(Transferee), and the State of Colorado, Department of Human Services, Division of Al
Colorado Works (State).
Recitals
A. The Contractor (Transferor) and State entered into a Contract dated
October 1, 2009 (Routing No. _01501 ) for Fatherhood services. A copy of the
Contract is attached as Exhibit I hereto.
B. Transferor wishes to assign to Transferee, and Transferee wishes to accept
and assume all of Transferor's right, title, interest, duties and obligations in, to and under
the Contract.
Agreements
NOW THEREFORE, in consideration of the foregoing premises and for other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Assignment of Contract. Transferor grants, transfers and conveys unto
Transferee, and Transferee accepts and assumes, effective as of the Effective Date
as set forth in this agreement, all of Transferor's right, title, interest, duties and
obligations in, to and under the Contract.
2. Waiver of Rights Against State. Transferor hereby waives any and all
rights it may have against the State, effective as of the Effective Date set forth in
this agreement.
3. The State recognizes the Transferee as the Transferor's successor in
interest in and to the Contract. The Transferee by this Agreement becomes
entitled to all rights (including payment), titles, and interests, and assumes all
duties, obligations, and liabilities of the Transferor in and to the Contract as if the
Transferee were the original party to the Contract. Following the effective date of
this agreement, the term "Contractor" as used in the Contract, shall refer to the
Transferee.
4. Except as expressly provided in this agreement, nothing in it shall be
construed as a waiver of any rights of the State against the Transferor. All
payments and reimbursements previously made by the State to the Transferor, and
all other previous actions taken by the State under the Contract, shall be
; e/1) -009,
considered to have discharged those State' s obligations under the Contract. All
payments and reimbursements made by the State after the date of this agreement in
the name of or to the Transferor or to the Transferee shall have the same force and
effect as if made to the Transferee, and shall constitute a complete discharge of the
State' s obligations under the Contract, to the extent of the amount paid or
reimbursed.
5. The Transferor guarantees payment of all liabilities and the
performance of all obligations that the Transferee assumes under this agreement or
may undertake in the future should the Contract be modified under its terms and
conditions. The Transferor waives notice of, and consents to, any such future
modifications.
6. The effective date of this agreement is the date this agreement is signed
by the State Controller.
7. Except for the "Special Provisions," in the event of any conflict,
inconsistency, variance, or contradiction between the provisions of this agreement
and any of the provisions of the Contract, the provisions of this agreement shall in
all respects supersede, govern and control. The "Special Provisions" shall always
be controlling over other provisions in the Contract or this agreement. The
representations in the Special Provisions concerning the absence of bribery or
corrupt influences and personal interest of State employees are presently
reaffirmed by the transferee.
8. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER
THE CURRENT FISCAL YEAR ARE CONTINGENT UPON FUNDS FOR
THAT PURPOSE BEING APPROPRIATED, BUDGETED, AND OTHERWISE
MADE AVAILABLE.
9. THIS AGREEMENT SHALL NOT BE DEEMED VALID UNTIL IT
SHALL HAVE BEEN APPROVED BY THE CONTROLLER OF THE STATE OF
COLORADO OR SUCH ASSISTANT AS HE MAY DESIGNATE.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment of the day
first above written.
* Persons signing for Transferor and Transferee hereby swear and affirm that they are
authorized to act on behalf of said entities and acknowledge that the State is relying on their
representations to that effect.
Transferor: Transferee: State of Colorado
BILL RITTER, JR., GOVERNOR
Weld County, Colorado Zv‘sr-\fi cL c, F\c Ltc\ Ste t
(Full Legal Nam/�ee)nt 77 (Full yLegall Name) // By ExAecutivy/Director
(Si ature of Individual) (Signature�Iavidual) i�
oAi.v M"1\ex
Douglas Rademacher \ ` `' et
(Name of Individual) (Name of Individual)
1/13/2010 t -H.f„cNt *
Chair, Board of Weld County \--)i nr(-)c \--)\-oeckz.r
(Title) Commissioners (Title)
APPROVALS
Attorney General -John W. Suthers
By:
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not
valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is
not authorized to begin performance until the contract is signed and dated below. If performance
begins prior to the date below, the State of Colorado may not be obligated to pay for goods and/or
services provided.
State Controller
D id' . McDermott, CPA
By:
Date: y7 //A
RICHAR .r. G TAYLOR
070/0-d09
EXHIBIT I Li-i'ARTMENT OF HUMAN SERVICES
ROUTING NO. 10 IHA 01501
CONTRACT
This contract is made and entered into by and between the named parties. In accordance with the
purposes stated herein, it is hereby agreed as follows:
STATE: CONTRACTOR''
State of Colorado for the use&benefit of the Weld County
Department of Human Services 1555 N. 17th Avenue
Colorado Works Fatherhood Greeley,CO 80632
1575 Sherman Street, 3rd Floor
Denver,CO 80203
CONTRACT MADE DATE: CONTRACTOR'S ENTITY TYPE:
10/01/2009 Government
CONTRACTOR'S STATE OF INCORPORATION:
PO/SC ENCUMBRANCE NUMBER: N/A
PO IHA TANF1000026 BILLING STATEMENTS RECEIVED:
TERM: Monthly
This contract shall be effective upon approval STATUTORY AUTHORITY:
by the State Controller,or designee, or on C.R.S. g 25-1-111
10/01/2009,whichever is later. The Contract CONTRACT PRICE NOT TO EXCEED
shall end on 09/30/2010.
$16,100
MAXIMUM AMOUNT AVAILABLE PER FISCAL YEAR
PROCUREMENT METHOD: FY 10: $12075.00
Exempt FY 10: $4025.00
BID/RFP/LIST PRICE AGREEMENT NUMBER
Not Applicable
LAW SPECIFIED VENDOR STATUTE: PRICE STRUCTURE:
Not Applicable Cost Reimbursement
FUND SOURCE-NAME OF FEDERAL PROGRAM/GRANT AND FUNDS ID#
90-FR-0085
STATE REPRESENTATIVE: CONTRACTOR REPRESENTATIVE:
Kevin Richards Janet Flaugher
Colorado Works, Fatherhood Program Contractor Name Per Above
1575 Sherman Street, 3rd Floor 1555 N. 17th Avenue
Denver, CO 80203 Greeley, CO 80632
SCOPE OF WORK:
In accordance with the provisions of this contract and its exhibits and attachments, the Contractor shall:
Provide Strong Fathers-Strong Families workshops, participate in the CARES for Parents--appropriate
behavior management skills training, and the 12-week 24-7 Dads classes.
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EXHIBITS:
The following exhibits are hereby incorporated:
Exhibit A- Statement of Work
Exhibit B- Budget
COORDINATION:
The State warrants that required approval, clearance and coordination has been accomplished from and
with appropriate agencies.
APPROVAL:
In no event shall this contract be deemed valid until it shall have been approved by the State Controller or
his/her designee.
PROCUREMENT:
This contractor has been selected in accordance with the requirements of the Colorado
Procurement Code.
PRICE PROVISIONS:
Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds,
encumbered for the purchase of the described services and/or deliverables. The liability of the State at
any time fot such payments shall be limited to the encumbered amount remaining of such funds.
Authority exists in the laws and funds have been budgeted, appropriated and otherwise made available,
and a sufficient unencumbered balance thereof remains available for payment.
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted and otherwise made available.
The Contractor understands and agrees that the State shall not be liable for payment for work or
services or for costs or expenses incurred by the Contractor prior to the proper execution and State
Controller approval of this contract.
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GENERAL PROVISIONS
The following clauses apply to this contract: documents in the following order of priority: 1) the
Special Provisions of this contract shall always be
A. Governmental Immunity/Limitation of Liability: controlling over other provisions in the contract or
Notwithstanding anything herein to the contrary, amendments; 2) the contract "cover"pages; 3) the
no term or condition of this contract shall be exhibits to this contract 4) the General Provisions
construed or interpreted as a waiver, express or of this contract.
implied, of any of the immunities, rights, benefits,
protection, or other provisions of the "Colorado E. Notice and Representatives: For the purposes of this
Governmental Immunity Act", C.R.S. §24-10-10I, contract, the representative for each party is as
et seq., as now or hereinafter amended. The parties designated herein. Any notice required or permitted
understand and agree that the liability of the State may be delivered in person or sent by registered or
for claims for injuries to persons or property certified mail,return receipt requested,to the party at
arising out of negligence of the State of Colorado, the address provided, and if sent by mail it is
its departments, institutions, agencies, boards, effective when posted in a U.S. Mail Depository
officials and employees is controlled and limited with sufficient postage attached thereto. Notice of
by the provisions of C.R.S. §24-10-101, et seq., as change of address or change or representative shall
now or hereafter amended and the risk be treated as any other notice.
management statutes, C.R.S. §24-30-1501, et seq.,
as now or hereafter amended. Any liability of the F. Contractor Representations:
State created under any other provision of this 1. Licenses and Certifications: The Contractor
contract, whether or not incorporated herein by certifies that, at the time of entering into this
reference, shall be controlled by, limited to, and contract, it and its agents have currently in
otherwise modified so as to conform with, the effect all necessary licenses, certifications,
above cited laws. approvals, insurance, etc. required to properly
provide the services and/or supplies covered
B. Federal Funds Contingency: Payment pursuant to by this contract in the state of Colorado.Proof
this contract, if in federal funds, whether in whole of such licenses, certifications, approvals,
or in part, is subject to and contingent upon the insurance, etc. shall be provided upon the
continuing availability of federal funds for the State's request. Any revocation, withdrawal or
purposes hereof. In the event that said funds, or nonrenewal of necessary license, certification,
any part thereof, become unavailable, as approval, insurance, etc. required for the
determined by the State, the State may Contractor to properly perform this contract,
immediately terminate this contract or amend it shall be grounds for termination of this
accordingly. contract by the State.
2. Qualification: Contractor certifies that it is
C. Billing Procedures: The State shall establish billing qualified to perform such services or provide
procedures and requirements for payment due the such deliverables as delineated in this contract.
Contractor in providing performance pursuant to this 3. Debarment and Suspension: The Contractor
contract. The Contractor shall comply with the certifies to the best of its knowledge and belief
established billing procedures and requirements for that the Contractor,its principals and authorized
submission of billing statements. The State shall subcontractors are not presently debarred,
comply with CRS 24-30-202(24) when paying suspended, proposed for debarment, declared
vendors upon receipt of a correct notice of the ineligible, or voluntarily excluded from
amount due for goods or services provided participation in this transaction by any federal
hereunder. department or agency.
D. Exhibits- Interpretation: Unless otherwise stated, all G. Legal Authority: The Contractor warrants that it
referenced exhibits are incorporated herein and made possesses the legal authority to enter into this
a part of this contract. And,unless otherwise stated, contract and that it has taken all actions required
in the event of conflicts or inconsistencies between by its procedures, by-laws, and/or applicable law
this contract and its exhibits or attachments, such to exercise that authority, and to lawfully authorize
conflicts shall be resolved by reference to the its undersigned signatory to execute this contract
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and bind the Contractor to its terms. The person(s)
executing this contract on behalf of the Contractor e. Automobile Liability Insurance covering
warrant(s) that such person(s) have full any auto (including owned, hired and
authorization to execute this contract. non-owned autos) with a minimum limit
as follows: $1,000,000 each accident
H. Indemnification: Contractor shall indemnify, combined single limit.
save, and hold harmless the State, its employees f Professional liability insurance with
and agents, against any and all claims, damages, minimum limits of liability of not less
liability and court awards including costs, than$1,000,000.
expenses, and attorney fees and related costs, 3. The State of Colorado shall be named as
incurred as a result of any act or omission by additional insured on the Commercial General
Contractor, or its employees, agents, Liability and Automobile Liability Insurance
subcontractors, or assignees,pursuant to the terms policies(leases and construction contracts will
of this contract. require the additional insured coverage for
completed operations on endorsements CG
[Applicable Only to Intergovernmental 2010 11/85, CG 2037, or equivalent).
Contracts] No term or condition of this contract Coverage required of the contract will be
shall be construed or interpreted as a waiver, primary over any insurance or self-insurance
express or implied, of any of the immunities, program carried by the State of Colorado.
rights, benefits, protection, or other provisions, of 4. The Insurance shall include provisions
the Colorado Governmental Immunity Act, CRS preventing cancellation or non-renewal
§24-10-101 et seq., or the Federal Tort Claims without at least 45 days prior notice to the
Act, 28 U.S.C. 2671 et seq., as applicable, as now State by certified mail.
or hereafter amended. 5. The contractor will require all insurance
policies in any way related to the contract and
I. Insurance - Contractor: The contractor shall secured and maintained by the contractor to
obtain, and maintain at all times during the term of include clauses stating that each carrier will
this contract, insurance in the following kinds and waive all rights of recovery, under
amounts: subrogation or otherwise, against the State of
1. Workers' Compensation Insurance as required Colorado, its agencies, institutions,
by state statute, and Employer's Liability organizations, officers, agents, employees and
Insurance covering all of contractor's volunteers.
employees acting within the course and scope 6. All policies evidencing the insurance
of their employment. coverages required hereunder shall be issued
2. Commercial General Liability Insurance by insurance companies satisfactory to the
written on ISO occurrence form CG 00 01 State.
10/93 or equivalent, covering premises 7. The contractor shall provide certificates
operations, fire damage, independent showing insurance coverage required by this
contractors, products and completed contract to the State within 7 business days of
operations, blanket contractual liability, the effective date of the contract, but in no
personal injury, and advertising liability with event later than the commencement of the
minimum limits as follows: services or delivery of the goods under the
a. $1,000,000 each occurrence; contract. No later than 15 days prior to the
b. $1,000,000 general aggregate; expiration date of any such coverage, the
c. $1,000,000 products and completed contractor shall deliver the State certificates of
operations aggregate; and insurance evidencing renewals thereof At
d. $50,000 any one fire. any time during the term of this contract, the
State may request in writing, and the
If any aggregate limit is reduced below contractor shall thereupon within 10 days
$1,000,000 because of claims made or paid, supply to the State, evidence satisfactory to
the contractor shall immediately obtain the State of compliance with the provisions of
additional insurance to restore the full this section.
aggregate limit and furnish to the State a 8. Notwithstanding subsection A of this section,
certificate or other document satisfactory to if the contractor is a"public entity" within the
the State showing compliance with this meaning of the Colorado Governmental
provision. Immunity Act CRS 24-10-101, et seq., as
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amended ("Act'), the contractor shall at all obtained by third parties, which is in the public
times during the term of this contract maintain domain,or which is developed independently.
only such liability insurance, by commercial
policy or self-insurance, as is necessary to Neither party shall use or disclose directly or
meet its liabilities under the Act.Upon request indirectly without prior written authorization any
by the State, the contractor shall show proof proprietary information concerning the other party
of such insurance satisfactory to the State. obtained as a result of this contract. Any proprietary
information removed from the State's site by the
J. Disaster Planning and Pandemic Outbreaks: The Contractor in the course of providing services under
State may require the Contractor to submit a this contract will be accorded at least the same
Disaster Response Plan(Plan) to ensure the precautions as are employed by the Contractor for
delivery hereunder of essential government similar information in the course of its own business.
services during a disaster,declared emergency,
and/or pandemic outbreak.The Plan would take M. Records Maintenance, Performance Monitoring &
precedence over and nullify any contractual Audits: The Contractor shall maintain a complete
provision relating to force majcure or"Acts of file of all records, documents, communications,
God."Accordingly, should the work performed by and other materials that pertain to the operation of
the Contractor under this contract include the the program/project or the delivery of services
provision of any essential government services,the under this contract. Such files shall be sufficient to
State may request a Plan from the Contractor,and, properly reflect all direct and indirect costs of
upon such request, the Contractor shall forthwith labor, materials, equipment, supplies and services,
submit a Plan, and the Contractor shall be bound to and other costs of whatever nature for which a
perform hereunder in accordance therewith. contract payment was made. These records shall
be maintained according to generally accepted
K. Rights in Data,Documents and Computer accounting principles and shall be easily separable
Software or Other Intellectual Property: from other Contractor records.
All intellectual property including without
limitation, databases, software, documents, The Contractor shall protect the confidentiality of
research, programs and codes, as well as all, all records and other materials containing
reports, studies, data, photographs, negatives or personally identifying information that are
other documents, drawings or materials prepared maintained in accordance with this contract.
by the contractor in the performance of its Except as provided by law, no information in
obligations under this contract shall be the possession of the Contractor about any individual
exclusive property of the State. Unless otherwise constituent shall be disclosed in a form including
stated, all such materials shall be delivered to the identifying information without the prior written
State by the contractor upon completion, consent of the person in interest, a minor's parent,
termination, or cancellation of this contract. guardian, or the State. The Contractor shall have
Contractor shall not use, willingly allow or cause written policies governing access to, duplication
to have such materials used for any purpose other and dissemination of, all such information and
than the performance of the contractor's advise its agents, if any, that they are subject to
obligations under this contract without a prior these confidentiality requirements. The Contractor
written consent of the State. All documentation, shall provide its agents, if any, with a copy or
accompanying the intellectual property or written explanation of these confidentiality
otherwise, shall comply with the State requirements before access to confidential data is
requirements which include but is not limited to all permitted.
documentation being in a paper, human readable
format which is useable by one who is reasonably The Contractor authorizes the State, the federal
proficient in the given subject area. government or their designee, to perform audits
and/or inspections of its records, at any reasonable
L. Proprietary Information: Proprietary information for time, to assure compliance with the state or federal
the purpose of this contract is information relating to government's terms and/or to evaluate the
a party's research, development, trade secrets, Contractor's performance. Any amounts the State
business affairs, internal operations and management paid improperly shall be immediately returned to
procedures and those of its customers, clients or the State or may be recovered in accordance with
affiliates, but does not include information lawfully other remedies.
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All such records,documents, communications, and his/her obligations to the State under the terms of
other materials shall be the property of the State this contract, without the prior written approval of
unless otherwise specified herein and shall be the State.
maintained by the Contractor, for a period of three
(3) years from the date of final payment or In the event that the Contractor is uncertain
submission of the final federal expenditure report whether the appearance of a conflict of interest
under this contract, unless the State requests that may reasonably exist, the Contractor shall submit
the records be retained for a longer period, or until to the State a full disclosure statement setting forth
an audit has been completed with the following the relevant details for the State's consideration
qualification. If an audit by or on behalf of the and direction. Failure to promptly submit a
federal and/or state government has begun but is disclosure statement or to follow the State's
not completed at the end of the three (3) year direction in regard to the apparent conflict shall be
period, or if audit findings have not been resolved grounds for termination of the contract.
after a three (3) year period, the materials shall be
retained until the resolution of the audit findings. Further, the Contractor shall maintain a written
code of standards governing the performance of its
The Contractor shall permit the State, any other agent(s) engaged in the award and administration
governmental agency authorized by law, or an of contracts. Neither the Contractor nor its
authorized designee thereof, in its sole discretion, agent(s) shall participate in the selection, or in the
to monitor all activities conducted by the award or administration of a contract or
Contractor pursuant to the terms of this contract. subcontract supported by Federal funds if a
Monitoring may consist of internal evaluation conflict of interest, real or apparent, would be
procedures,reexamination of program data,special involved. Such a conflict would arise when:
analyses, on-site verification, formal audit 1. The employee,officer or agent;
examinations, or any other procedures as deemed 2. Any member of the employee's immediate
reasonable and relevant. All such monitoring shall family;
be performed in a manner that will not unduly 3. The employee's partner; or
interfere with contract work. 4. An organization which employees, or is about
to employ,any of the above,
N. Taxes: The State, as purchaser, is exempt from all has a financial or other interest in the firm selected
federal excise taxes under Chapter 32 of the for award. Neither the Contractor nor its agent(s)
Internal Revenue Code [No. 84-730123K] and will solicit nor accept gratuities, favors, or
from all state and local government use taxes anything of monetary value from Contractor's
[C.R.S. §39- 26-114(a) and 203, as amended]. The potential contractors,or parties to subagreements.
contractor is hereby notified that when materials
are purchased for the benefit of the State, such P. Conformance with Law: The Contractor and its
exemptions apply except that in certain political agent(s) shall at all times during the term of this
subdivisions the vendor may be required to pay contract strictly adhere to all applicable federal
sales or use taxes even though the ultimate product laws, state laws, Executive Orders and
or service is provided to the State. These sales or implementing regulations as they currently exist
use taxes will not be reimbursed by the State. and may hereafter be amended. Without limitation,
these federal laws and regulations include:
O. Conflict of Interest: During the term of this e Age Discrimination Act of 1975, 42 U.S.C.
contract, the Contractor shall not engage in any Section 6101 et seq. and its implementing
business or personal activities or practices or regulation,45 C.F.R.Part 91;
maintain any relationships which conflict in any • Age Discrimination in Employment Act of
way with the Contractor fully performing his/her 1967,29 U.S.C. 621 et seq.;
obligations under this contract. Americans with Disabilities Act of 1990
(ADA),42 U.S.C. 12101 et seq.;
Additionally, the Contractor acknowledges that, in e The Drug Free Workplace Act of 1988, 41
governmental contracting, even the appearance of U.S.C.701 et seq.;
a conflict of interest is harmful to the interests of
e Equal Pay Act of 1963,29 U.S.C. 206;
the State. Thus, the Contractor agrees to refrain Health Insurance Portability and
from any practices, activities or relationships Accountability Act of 1996, 42 U.S.C.
which could reasonably be considered to be in § 1320d et seq. and implementing regulations,
conflict with the Contractor's fully performing 45 C.F.R. Parts 160 and 164;
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• Immigration Reform and Control Act of 1986,8 required and the process to be followed by the
U.S.C. 1324b; Contractor to properly comply with the law if the
• Pro-Children Act of 1994, 20 U.S.C. 6081 et work done under this contract is subject to these
seq.; requirements.
• Section 504 of the Rehabilitation Act of 1973,
29 U.S.C. 794, as amended, and implementing R. Sole Source Government Contracts as Defined in
regulation 45 C.F.R.Part 84; Colorado Constitution Article XXVIII:
• Titles VI&VII of the Civil Rights Act of 1964, This provision applies only to sole source
42 U.S.C.2000(d)&(e); government contracts and does not apply to any
• The Personal Responsibility and Work contract which used a public and competitive
Opportunity Reconciliation Act of 1996, 42 bidding process in which the State agency or
USC 604a, PL 104-193. See also State institution of higher education solicited at least
Executive Order D 015 00; three bids prior to awarding the contract.
• Title IX of the Education Amendments of 1972,
20 U.S.C. 1681 et seq.; Contractor certifies, warrants, and agrees that it
• The Uniform Administrative Requirements for has complied and will comply with Colorado
Grants and Cooperative Agreements to State Constitution Article XXVIII, including but not
and Local Governments (Common Rule), at 45 necessarily limited to the following prohibitions
CFR,Part 92; and obligations:
• The Uniform Administrative Requirements for 1. If during the term of the contract, contractor
Awards and Subawards to Institutions of Higher holds sole source government contracts with
Education, Hospitals, Other Non-Profit the State of Colorado and any of its political
Organizations, and Commercial Organizations
(Common Rule),at 2 CFR 215; subdivisions cumulatively totaling more than
• Office of Management and Budget Circulars A- $100,000 in a calendar year, then for the
87, A-21 or A-122, and A-102 or A-110, duration of this contract and for two years
after, contractor will not make, cause to be
whichever is applicable. made, or induce by any means a contribution,
• The Hatch Act (5 USC 1501-1508) and Civil directly or indirectly, on behalf of contractor
Service Reform Act, Public Law 95-454 or contractor's immediate family member(s)
Section 4728. for the benefit of any political party or for the
• Departments of Labor, Health and Human benefit of any candidate any elected office of
Services, and Education and Related Agencies the State or any of its political subdivisions;
Appropriations Act, 1990, PL 101-166, Section and
511. 2. Contractor represents that contractor has not
• 45 CFR Subtitle A, Department of Health and previously made or caused to be made, and
Human Services regulations. will not in the future make or cause to be
• The Single Audit Act Amendments of 1996, 31 made, any contribution intended to promote or
USC 7501,Public Law 104-156, OMB Circular influence the result of a ballot issue election
A-133,and 45 CRF 74.26. related to the subject matter of this contract;
and
Q. Restrictions on Public Benefits: Pursuant to House 3. Contractor will satisfy contractor's obligations
Bill 06S-1023,as codified at C.R.S. § 24-76.5-101 et to promptly report to the Colorado
seq., except as otherwise provided therein or where Department of Personnel & Administration
exempt by federal law,the State is required to verify information included in the Government
the lawful presence in the United States of each Contract Summary and the Contract Holder
natural person 18 years of age or older who applies Information, regarding this contract and any
for state or local public benefits or for federal public other sole source government contracts to
benefits for the applicant. Accordingly, should the which contractor is a party; and
work performed by the Contractor under this 4. Contractor understands that any breach of this
contract include the provision of any of said benefits section or of Contractor's responsibilities
to any natural person 18 years of age or older who under Colorado Constitution Article XXVIII
applies therefore for the applicant, the Contractor may result in either contractual or
shall follow the requirements of said law in the constitutionally mandated penalties and
provision of said benefits as if it were the State. The remedies; and
State will provide the Contractor with specific
instruction on the identification documentation
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•
5. A Contractor that intentionally violates VI-2.4,may,at the sole discretion of the State,be
Colorado Constitution Article XXVIII, suspended or terminated.
Section 15 or 17(2), shall be ineligible to hold
any sole source government contract, or U. Litigation: The Contractor shall within five (5)
public employment with the state or any of its calendar days after being served with a summons,
political subdivisions for three years; and complaint, or other pleading which has been filed
6. By execution of this contract, Contractor in any federal or state court or administrative
hereby confiuns it is qualified and eligible agency notify the State that it is a party defendant
under such provisions to enter into this in a case which involves services provided under
contract. this contract. The Contractor shall deliver copies
of such document(s) to the State's Executive
For purposes of this clause, the term "contractor" Director. The term "litigation" includes an
shall include persons that control ten percent or assignment for the benefit of creditors, and filings
more shares or interest in contractor, as well as in bankruptcy,reorganization and/or foreclosure.
contractor's officers, directors, and trustees. The
term "immediate family member" shall include a V. Disputes: Except as herein specifically provided
spouse, child, spouse's child, son-in-law, otherwise, disputes concerning the performance of
daughter-in-law, parent, sibling, grandparent, this contract which cannot be resolved by the
grandchild, stepbrother, stepsister, stepparent, designated contract representatives shall be
parent-in-law, brother-in-law, sister-in-law, aunt, referred in writing to a senior departmental
niece,nephew, guardian,or domestic partner. management staff designated by the department
and a senior manager designated by the
S. Discrimination: The Contractor during the Contractor. Failing resolution at that level,
performance of this contract shall: disputes shall be presented in writing to the
1. not discriminate against any person on the basis Executive Director and the Contractor's chief
of race, color,national origin, age, sex,religion executive officer for resolution. This process is
and handicap, including Acquired Immune not intended to supersede any other process for the
Deficiency Syndrome (AIDS) or AIDS related resolution of controversies provided by law.
conditions.
2. not exclude from participation in, or deny W. Remedies: Acceptance is dependent upon
benefits to any qualified individual with a completion of all applicable inspection procedures.
disability,by reason of such disability. The State reserves the right to inspect the goods
Any person who thinks he/she has been and/or services provided under this contract at all
discriminated against as related to the performance reasonable times and places. The Executive
of this contract has the right to assert a claim, Director of the State or her/his designee may
Colorado Civil Rights Division, C.R.S. §24-34- exercise the following remedial actions should s/he
302,et seq. find the Contractor substantially failed to satisfy
the scope of work found in this contract,
T. Criminal Background Check: Pursuant to C.R.S. Substantial failure to satisfy the scope of work
§27-1-110 and Department of Human Services shall be defined to mean substantially insufficient,
Policy VI-2.4, any independent contractor, and its incorrect or improper activities or inaction by the
agent(s), who is designated by the Executive Contractor. Without limitation, the State has the
Director or the Executive Director's designee to be right to:
a contracting employee under C.R.S. §27-1-110,
who has direct contact with vulnerable persons in a 1. withhold payment until performance is cured,
state-operated facility, or who provides state- 2. require the vendor to take necessary action to
funded services that involve direct contact with ensure that the future performance conforms
vulnerable persons in the vulnerable person's home to contract requirements,
or residence,shall: 3. request removal of a Contractor's agent from
1. submit to a criminal background check, and contract work,
2. report any arrests, charges, or summonses for 4. equitably reduce the payment due the vendor
any disqualifying offense as specified by to reflect the reduced value of the services
C.R.S. §27-1-110 to the State. performed,
Any Contractor or its agent(s), who does not 5. recover payment for work that clue to the
comply with C.R.S. §27-1-110 and DI-IS Policy Contractor cannot be performed or would be
of no value to the State,
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6. modify or recover payments (from payments for financial exigency by giving the
under this contract or other contracts between Contractor at least thirty (30) days prior
the State and the vendor as a debt due to the written notice. For the purposes of this
State) to correct an error due to omission, provision, a financial exigency shall be a
error,fraud and/or defalcation, determination made by the Colorado
7. terminate the contract. legislature or its Joint Budget Committee that
the financial circumstances of the State are
These remedies in no way limit the remedies such that it is in the best interest of the State to
available to the State in the termination provisions of terminate this contract. If notice of such
this contract,or remedies otherwise available at law. termination is so given, this contract shall
terminate on the expiration of the time period
X. Termination: specified in the notice, and the liability of the
1. Termination for Default: The State may parties hereunder for further performance of
terminate the contract for cause. If the State the terms of this contract shall thereupon
terminates the contract for cause, it will first cease, but the parties shall not be released
give ten (10) days prior written notice to the from the duty to perform their obligations up
Contractor, stating the reasons for to the date of termination.
cancellation, procedures to correct problems,
if any, and the date the contract will be In the event that the State terminates this
terminated in the event problems have not contract under the Termination for
been corrected. In the event this contract is Convenience or Termination for Financial
terminated for cause, the State will only Exigency provisions,the Contractor is entitled
reimburse the Contractor for accepted work or to submit a termination claim within ten (10)
deliverables received up to the date of days of the effective date of termination. The
termination. In the event this contract is termination claim shall address and the State
terminated for cause, final payment to the shall consider paying the following costs:
Contractor may be withheld at the discretion a. the contract price for performance of
of the State until completion of final audit. work, which is accepted by the State, up
Notwithstanding the above, the Contractor to the effective date of the termination.
may be liable to the State for the State's b. reasonable and necessary costs incurred
damages. If it is determined that the in preparing to perform the terminated
Contractor was not in default then such portion of the contract
termination shall be treated as a termination c. reasonable profit on the completed but
for convenience as described herein. undelivered work up to the date of
2. Termination for Convenience: The State shall termination
have the right to terminate this contract by d. the costs of settling claims arising out of
giving the Contractor at least twenty(20) days the termination of subcontracts or orders,
prior written notice. If notice is so given, this not to exceed 30 days pay for each
contract shall terminate on the expiration of subcontractor
the specified time period, and the liability of e. reasonable accounting, legal, clerical, and
the parties hereunder for further performance other costs arising out of the termination
of the terms of this contract shall thereupon settlement.
cease, but the parties shall not be released
from the duty to perform their obligations up In no event shall reimbursement under this
to the date of termination. clause exceed the contract amount reduced by
3. Immediate Termination: This contract is amounts previously paid by the State to the
subject to inunediate termination by the State Contractor.
in the event that the State determines that the
health, safety, or welfare of persons receiving Y. Venue: The parties agree that venue for any action
services may be in jeopardy. Additionally, the related to performance of this contract shall be in the
State may immediately terminate this contract City and County of Denver,Colorado.
upon verifying that the Contractor has
engaged in or is about to participate in Z. Understanding of the Parties:
fraudulent or other illegal acts. 1. Complete Understanding: This contract is
4. 'termination for Financial Exigence The State intended as the complete integration of all
shall have the right to terminate this contract understandings between the parties. No prior
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•
or contemporaneous addition, deletion, or subcontracting arrangements, delivery of
other amendment hereto shall have any force services, and performance of any subgrantor
or effect whatsoever, unless embodied herein or subcontractor.The Contractor warrants and
in writing. No subsequent novation, renewal, agrees that any subgrant or subcontract,
addition, deletion, or other amendment hereto resulting from its performance under the terms
shall have any force or effect unless embodied and conditions of this contract, shall include a
in a written contract executed and approved provision that the said subgrantor or
pursuant to the State Fiscal Rules. Descriptive subcontractor shall abide by the terms and
headings as used herein are for convenience conditions hereof. Also, the Contractor
and shall not control or affect the meaning or warrants and agrees that all subgrants or
construction of any provision of this contract. subcontracts shall include a provision that the
2. Severability: To the extent that this contract subgrantor or subcontractor shall indemnify
may be executed and performance of the and hold harmless the State. The subgrantors
obligations of the parties may be or subcontractors must be certified to work on
accomplished within the intent of the contract, any equipment for which their services are
the terms of this contract are severable, and obtained.
should any term or provision hereof be
declared invalid or become inoperative for any AA.Holdover: In the event that the State desires to
reason, such invalidity or failure shall not continue the services provided for in this Contract
affect the validity of any other term or and a replacement contract has not been fully
provision hereof executed by the expiration date of the Contract,
3. Benefit and Right of Action: Except as herein this Contract may be extended unilaterally by the
specifically provided otherwise, it is expressly State for a period of up to two (2) months upon
understood and agreed that this contract shall written notice to the Contractor under the same
inure to the benefit of and be binding upon the terms and conditions of the original Contract
parties hereto and their respective successors including, but not limited to, prices, rates, and
and assigns. All rights of action relating to service delivery requirements. However, this
enforcement of the terms and conditions shall extension terminates when the replacement
be strictly reserved to the State and the named contract becomes effective when signed by the
Contractor. Nothing contained in this State Controller or an authorized delegate.
agreement shall give or allow any claim or
right of action whatsoever by any other third
person. It is the express intention of the State
and the Contractor that any such person or
entity, other than the State or the Contractor,
receiving services or benefits under this
agreement shall be deemed an incidental
beneficiary only.
4. Waiver: The waiver of any breach of a term
hereof shall not be construed as a waiver of
any other term, or the same term upon
subsequent breach.
5. Survival: The State and the Contractor's
obligations under this contract shall survive
following tern ination or expiration to the extent
necessary to give effect to the intent and
understanding of the parties.
6. Subcontracting: Except as herein specifically
provided otherwise, the duties and obligations
of the Contractor arising hereunder cannot be
assigned, delegated, subgranted or
subcontracted except with the express prior
written consent of the State. The subgrants
and subcontracts permitted by the State shall
be subject to the requirements of this contract.
The Contractor is responsible for all
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{r ._ P RO I IOJNS
These Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS§24-30-202(1).This contract shall not be valid until it has been
approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS§24-30-202(5.5).Financial obligations of the State payable after the current
fiscal year are contingent upon funds for that purpose being appropriated,budgeted, and otherwise made
available.
3. GOVERNMENTAL IMMUNITY.No term or condition of this contract shall be construed or interpreted
as a waiver, express or implied,of any of the immunities,rights,benefits,protections,or other provisions,of the
Colorado Governmental Immunity Act, CRS §24-10-101 et seq.,or the Federal Tort Claims Act,28 U.S.C.
§§1346(b)and 2671 et seq.,as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent
contractor and not as an employee.Neither Contractor nor any agent or employee of Contractor shall be deemed
to be an agent or employee of the State. Contractor and its employees and agents are not entitled to
unemployment insurance or workers compensation benefits through the State and the State shall not pay for or
otherwise provide such coverage for Contractor or any of its agents or employees.Unemployment insurance
benefits will be available to Contractor and its employees and agents only if such coverage is made available by
Contractor or a third party.Contractor shall pay when due all applicable employment taxes and income taxes and
local head taxes incurred pursuant to this contract. Contractor shall not have authorization,express or implied,to
bind the State to any agreement,liability or understanding, except as expressly set forth herein. Contractor shall
(a)provide and keep in force workers'compensation and unemployment compensation insurance in the amounts
required by law, (b)provide proof thereof when requested by the State,and(c)be solely responsible for its acts
and those of its employees and agents.
5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws,
rules,and regulations in effect or hereafter established, including,without limitation,laws applicable to
discrimination and unfair employment practices.
6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto,shall be applied in the
interpretation,execution,and enforcement of this contract. Any provision included or incorporated herein by
reference which conflicts with said laws,rules,and regulations shall be null and void.Any provision
incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part
shall not be valid or enforceable or available in any action at law,whether by way of complaint,defense, or
otherwise.Any provision rendered null and void by the operation of this provision shall not invalidate the
remainder of this contract,to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED.The State of Colorado does not agree to binding arbitration
by any extra-judicial body or person.Any provision to the contrary in this contact or incorporated herein by
reference shall be null and void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public
funds payable under this contract shall not be used for the acquisition, operation,or maintenance of computer
software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies
and warrants that,during the term of this contract and any extensions, Contractor has and shall maintain in place
appropriate systems and controls to prevent such improper use of public funds. If the State determines that
Contractor is in violation of this provision,the State may exercise any remedy available at law or in equity or
under this contract,including,without limitation, inunediate termination of this contract and any remedy
consistent with federal copyright laws or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL.INTEREST/CONFLICT OF INTEREST. CRS§§24-18-201 and 24-50-
507.The signatories aver that to their knowledge,no employee of the State has any personal or beneficial
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interest whatsoever in the service or property described in this contract.Contractor has no interest and shall not
acquire any interest, direct or indirect,that would conflict in any manner or degree with the performance of
Contractor's services and Contractor shall not employ any person having such known interests.
10. VENDOR OFFSET. CRS§§24-30-202 (1)and 24-30-202.4. [Not Applicable to intergovernmental
agreements] Subject to CRS §24-30-202.4(3.5),the State Controller may withhold payment under the State's
vendor offset intercept system for debts owed to State agencies for: (a)unpaid child support debts or child
support arrearages; (b)unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et
seq.; (c)unpaid loans due to the Student Loan Division of the Department of Higher Education; (d)amounts
required to be paid to the Unemployment Compensation Fund; and(e) other unpaid debts owing to the State as a
result of final agency determination or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating
to the offer, issuance, or sale of securities, investment advisory services or fund management services,
sponsored projects, intergovernmental agreements, or information technology services or products and
services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an
illegal alien who will perform work under this contract and will confirm the employment eligibility of all
employees who are newly hired for employment in the United States to perform work under this contract,
through participation in the E-Verify Program or the Department program established pursuant to CRS §8-
17.5-102(5)(c), 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(a) shall not use E-Verify Program or Department program procedures to undertake pre-
employment screening of job applicants while this contract is being performed, (b) shall notify the
subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a
subcontractor is employing or contracting with an illegal alien for work under this contract, (c)shall
terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien
within three days of receiving the notice, and(d) shall comply with reasonable requests made in the course of
an investigation,undertaken pursuant to CRS §8-17.5-102(5),by the Colorado Department of Labor and
Employment. If Contractor participates in the Depai lcuent program, Contractor shall deliver to the
contracting State agency, Institution of Higher Education or political subdivision a written,notarized
affirmation, affirming that Contractor has examined the legal work status of such employee, and shall
comply with all of the other requirements of the Department program. If Contractor fails to comply with any
requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher
education or political subdivision may terminate this contract for breach and, if so terminated, Contractor
shall be liable for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural
person eighteen(18)years of age or older,hereby swears and affirms under penalty of perjury that he or she
(a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply
with the provisions of CRS §24-76.5-101 et seq., and(c)has produced one form of identification required by
CRS §24-76.5-103 prior to the effective date of this contract.
Revised 1-1-09
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•
•
n ti kr; kkkk kr.,•ikr,k'ri ;'4b5?3
Contract Routing Number 10 IHA 01501
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and
acknowledge that the State is relying on their representations to that effect.
CONTRACTOR STATE OF COLORADO
Weld County Family Educational Network Bill Ritter,Jr. GOVERNOR
By: William F. Garcia Department of Human Services
Title: Chair, Board of Weld County Commissioners Karen L. Beye, Executive Director
*Signature By: V
Date: AUG 2 4 2009 Date: ' 9/ - fit
2nd Contractor Signature if Needed LEGAL REVIEW
By: John W. Suthers, Attorney General
Title:
By:
Signature - Assistant Attorney General
*Signature
Date:
Date:
ALL CONTRACTS REQUIRE APPROVAL by the STATE CONTROLLER
CRS§24-30-202 requires the State Controller to approve all State Contracts.This Contract is not valid until signed and
dated below by the State Controller or delegate.Contractor is not authorized to begin performance until such time.If
Contractor begins performing prior thereto,the State of Colorado is not obligated to pay Contractor for such performance or
for any goods and/or services provided hereunder.
• ATE NTROLLER
avi cDermott, CPA
By:
Richard G. Taylor
SEP S 0 2009
Date:
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Fo(orado
,
Promoting Responsible Fatherhood ` works
10 IHA 01501
WELD COUNTY FAMILY EDUCATIONAL NETWORK
EXHIBIT A - SCOPE OF WORK
GENERAL DESCRIPTION OF PROJECT
The Colorado Department of Human Services (CDHS) Division of Colorado Works seeks to
improve the well-being of Colorado's children by building community access across Colorado to
fatherhood services.
The parties understand and agree that the following Statement of Work as proposed in the
contractor's Request For Application (Application) is a true representation of the work to be
accomplished during this contract period.
This program shall provide:
a. Fatherhood Classes:
Curriculum Name: 24-7 Dads Curriculum
Frequency: Unspecified
b. Healthy Marriage/Relationship Classes: NONE
c. Life Skills Classes: NONE
d. Case Management/Coaching/Individual Advocacy: NONE
e. Mentoring: NONE
f. Economic Stability Activities (including Employment/Education): NONE
g. Support Groups: NONE
h. Other:
Strong Fathers-Strong Families workshops
CARES for Parents--appropriate behavior management skills training
GOAL#1 DELIVERABLES MEASURES
1) To Recruit a cadre of 40 By September 2010, 40 FENWC
improve the Head Start Head Start fathers to Head Start fathers will have
fathers' understanding participate in participated in at least two of
of the role they play in Fatherhood Initiative the three series of the PRF
their child's life and trainings and activities. Fatherhood Initiative trainings,
successful future. Recruit 10 fathers from as measured by attendance
the 2007-2008 cadre to tracking forms.
serve as mentors for
current fathers. By September 2010, 10 former
FENWC Head Start fathers will
have served as mentors for
new Head Start fathers, as
measured by attendance
tracking forms from PRF
Fatherhood Initiative trainings.
CDHS-COLORADO WORKS 1 7/24/2009
•
\poWrado
...t-Works
Promoting Responsible Fatherhood ---
GOAL #2 DELIVERABLES MEASURES
To strengthen the father's Fathers will By September 2010, 40 FENWC
parenting and care-giving participate in 2 of the Head Start fathers will have
skills. 3 series of trainings participated in at least two of
offered by the the three series of the PRF
Fatherhood Initiative. Fatherhood Initiative trainings,
Fathers will complete as measured by attendance
post-training surveys, tracking forms.
responding how the
training has affected Post-training surveys data
their lives. analysis will confirm the
impact fatherhood training has
had on the participants.
Total # proposed fathers: 40
Total # proposed young fathers: 25
REQUIRED REPORTING
• Collaboration Confirmation due October 3, 2009
• Domestic Violence Protocol due October 3, 2009
• Domestic Violence Screening due October 3, 2009
• Quarterly Report 1 - narrative due January 20, 2010
• Quarterly Report 1 - census MIS due January 20, 2010
• Quarterly Report 2 - narrative due April 20, 2010
• Quarterly Report 2 - census MIS due April 20, 2010
• Quarterly Report 3 - narrative due July 20, 2010
• Quarterly Report 3 - census MIS due July 20, 2010
• Quarterly Report 4 - narrative due October 1, 2010
• Quarterly Report 4 - census MIS due October 1, 2010
• Post-Audit Response due October 1, 2010
In the event of failure to comply the following accountability process will be enforced:
2
CDHS-COLORADO WORKS 7/24/7.009
Folmado
4j�€�Works
Promoting Responsible Fatherhood l`
ACCOUNTABILITY PROCESS'
This process in no way limits the remedies available to the State in the termination
provisions of this contract, or remedies otherwise available at law.
Warning Notice to Fatherhood Program Contact - First Warning
The Colorado Department of Human Services will mail one copy of the notice of non-
compliance (via US Postal Mail — Certified) to the primary Fatherhood Program Contact for the
First Warning. (Certified Mail receipt is required). A copy will also be mailed to the Contract
Representative specified in the contract to receive legal notices, if different than the primary
Fatherhood Contact
First Warning will be issued when:
Requirement is 30 days late and/or
Mandatory event was not attended (mandatory training, audit, etc...).
Corrective action plan may be required.
Warning Notice to County or Organization Director- Second Warning (or additional
warnings that occur after an initial first warning)
The Colorado Department of Human Services, will mail one copy of the notice of non-
compliance (via US Postal Mail — Certified) to the County or Executive Director for Second
and/or Final Violations (to include a copy of the first warning report and any corresponding
documentation). (Certified Mail receipt is required). A copy will also be mailed to the Contract
Representative specified in the contract to receive legal notices, if different than the primary
Fatherhood Contact
Checks will be held until non-compliance has been resolved for all warnings beyond the first
warning.
Second Warning will be issued when:
Another requirement is 30 days late and/or
Another mandatory event was not attended (mandatory training, audit, etc...) and/or
First Warning Corrective Action deadline was not met by 11 days following the mailing
Final Warning
Final Warning will be issued when:
Another requirement is 30 days late and/or
This process will be provided to all program personnel as a part of the training academy and ongoing
technical assistance.
CDFIS-COLORADO WORKS 3 7/24/2009
scilgredo
Promoting Responsible Fatherhood
Mandatory event was not attended(mandatory training, audit, etc...) and/or
Second Warning Corrective Action was not met by 11 days following the mailing of the second
warning
Checks will continue to be held until non-compliance has been resolved.
Contractual review will occur— a meeting will be held with CDHS Staff(Grants Administrator
and Program Specialist) and Program Administration and a Board Member. A copy will also be
mailed to the Contract Representative specified in the contract to receive legal notices, if
different than the primary Fatherhood Contact
Deadline for Factual Corrections
Please note: the program shall not delay sending the outstanding item until submission of any
factual correction dispute—the outstanding item is due immediately upon notice.
If the funded organization chooses to dispute the notice of non-compliance based on a factual
basis, they'will have 10 working days from the date of mailing of notice of non-compliance to
submit the dispute to the Colorado Department of Human Services, attn: Grant Administrator,
1575 Sherman, 3rd Floor, Denver, CO 80203. This dispute (with supporting documentation)
must be emailed, faxed or postmarked by the 11th day from the date of mailing). Late mailings
will automatically be deemed to be unfounded.
If the dispute is founded, a notice of this will be placed in the organization's file.
If the dispute is not founded, the funded organization shall have 30 working days from the date
of mailing of notice of unfounded dispute to submit a corrective action plan to the Grants
Administrator of the PRF Program of the Colorado Department of Human Services
Corrective Action Plan
Information to be included in the Corrective Action Plan:
The plan, in writing, must contain the following information for each non-compliance issue:
1. Identify the non-compliance issue, and
2. List the specific action(s) to be taken to correct the non-compliance, and
3. List the specific time frames for completion of each specific action, and
4. Identify how the program will ensure non-compliance does not occur again.
Technical Assistance
The funded organization may request technical assistance from the State in developing the
corrective action plan. This request must occur within the first 21-days of the 30-day period
allowed.
Extension of Time
If the funded organization needs additional time, they must submit a written request to: Colorado
Department of Human Services, attn: Grant Administrator, 1575 Sherman, 3rd Floor, Denver,
CO 80203 specifying the new timeframe and providing an explanation for the extension request.
This extension request must be received by the 21st day of the 30-day period allowed. Please
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note: the request for extension is specific to corrective action plan, not the outstanding item.
The outstanding item is due immediately upon the initial notice of non-compliance.
A. Review of Extension Request
The Colorado Department of Human Services, PRF Program, will review the request
for time extension within five working days and respond to the county/organization
director.
B. Accept or Reject the Corrective Action Plan
Within 20 working days of receipt of the Corrective Action Plan, from the funded
organization, the Colorado Department of Human Services, PRF Program, will
review and either accept or reject the corrective action plan.
Corrective Action Plan
A. Accepted Corrective Action Plan
If the plan is accepted, this decision will be indicated and the funded organization will
be notified via letter. At the same time an e-mail notification will be sent to the
Fatherhood Program Specialist along with an electronic copy of the corrective action
plan.
B. Rejected Corrective Action Plan
If the plan is rejected, this decision will be indicated and the funded organization will
be notified via letter. At the same time an e-mail notification will be sent to the
Fatherhood Program Specialist. PRF staff will communicate reasons for rejection and
indicate further actions necessary.
Additional Non-compliance
If the funded organization continues to be non-compliant on additional deadlines during this
process, a meeting may be required by the Colorado Department of Human Services with the
County/Organization Director to discuss contractual review and action which may include
contract termination.
If the funded organization has continued non-compliance on additional deadlines after this
process has been completed, a meeting may be required by the Colorado Department of
Human Services with the County/Organization Director to discuss contractual review and action
up to an including termination of the contract, or the Corrective Action Process may begin again
— at the discretion of CDHS PRF Staff.
The following Statements of Understanding are attached to and made a part of this
Exhibit A and require signatures.
Federal guidelines regarding non-proselytization and a statement of understanding and
acceptance.
e Accessibility statement of understanding and acceptance
Development and adherence to Domestic Violence protocols statement of understanding
and acceptance.
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• Required Training Attendance statement of understanding and acceptance.
• Voluntary Participation Statement
Mileage reimbursement for State required events will be paid at the State rate. Reimbursement
for mileage for program needs will be calculated at the U.S. Federal Government rate not to
exceed the stated mileage expense listed in Exhibit B Contract Budget.
CDHS will review the curriculum recommendation of the contractor but reserves the right to
require use of a Federally approved, evidence based curriculum.
The contractor shall provide to the State the services and deliverables set forth in Exhibit A at
the prices and rates set forth in Exhibit B.
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ACCESSIBILITY
STATEMENT OF UNDERSTANDING AND ACCEPTANCE
Programs funded by the Promoting Responsible Fatherhood Community Access Grant will be
made accessible to underserved populations including but not limited to those underserved
because of ethnicity, race, religion, culture, age, language barrier, sexual orientation geographic
location or physical handicap as described in Section C of the Application. Contractor is
committed to following these guidelines during the course of all classes, activities, mentoring,
etc. as part of the Promoting Responsible Fatherhood Community Access Grant. All brochures
and communication pieces must include the following statement: "These services are available
to all persons regardless of race, gender, age, disability or religion.
William F. Garcia, Chair
Printed
am Authorized Officer
AUG 2 4 2009
Signature of Aut ed Officer Date
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Promoting Responsible Fatherhood —.
NON-PROSELYTIZATION
STATEMENT OF UNDERSTANDING AND ACCEPTANCE
I have read and understand the attached federal guidelines regarding non-proselytization.
Contractor is committed to following these guidelines during the course of all classes, activities,
mentoring, etc. as part of the Promoting Responsible Fatherhood Community Access Grant.
William F. Garcia, Chair
Printed nam uthorized Officer
i / AUG 2 4 2009
Signature of Authorized Officer Date
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Promoting Responsible Fatherhood - --
/ DEPARTMENT OF HEALTH&HUMAN SERVICES
t
o, ADMINISTRATION FOR CHILDREN AND FAMILIES
370 L'Enfant Promenade,S.W.
Washington,D.C.20447
Leal$afeeuards
I. Separate and Distinct Programs
Any program with religious content must be a separate and distinct program from the federally funded
program,and the distinction must be completely clear to the consumer. Some of the ways in which this may
be accomplished include,but are not limited to,the following examples:
• Creating separate and distinct names for the programs;
• Creating separate and distinct looks for the promotional materials used to promote each program;and
• Promoting only the federally funded program in materials,websites,or commercials purchased with any
portion of the federal funds.
Note: If an organization offers both a federally funded program and a religious program that both provide the
same social service,or the clients served are children,it is very important that the separation between the
programs be accentuated.
45 CFR 87.1(c).("Organizations that receive direct financial assistance from the Department under any
Department program may not engage in inherently religious activities,such as worship,religious instruction,
or proselytizatian,as part of the programs or services funded with direct financial assistance from the
Department.').69 Fed.Reg.42586,42593(2004).
2. Separate Presentations
Completely separate the presentation of any program with religious content from the presentation of the
federally funded program by time or location in such a way that it is clear that the two programs are separate
and distinct. tf separating the two programs by time but presenting them in the same location,one program
must completely end before the other program begins.
Some of the ways in which separation of presentations may be accomplished include,but are not limited to,
the following examples:
• The programs are held in completely different sites or on completely different days.
• The programs are held at the same site at completely different times. Separation may be
accomplished through such means as:
- Have sufficient time between the two programs to vacate the room,turn down the lights,leave the
stage,etc.in order to reasonably conclude the first program before beginning the second;
- Completely dismiss the participants of the first program;
- The second program could follow in the same room or,where feasible,in a different room to further
distinguish the difference between the programs.
• The programs are held in different locations of the saute site at the same time.
Separation may be accomplished through such means as:
- Completely separate registration locations;and
- Completely separate areas where programs are held such as by room,hallway,or floor,etc.
-15 CFR 87.1. ('c). Cyan an organization conducts[inherently religious]activities,the
activities must be offered separately, in time or location,from the programs or services
•
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DOMESTIC VIOLENCE
STATEMENT OF UNDERSTANDING AND ACCEPTANCE
Programs funded by the Promoting Responsible Fatherhood Community Access Grant will work
closely with an approved Domestic Violence victim services provider in their area. Every
precaution will be taken to assess, screen and respond to issues of domestic violence that arise
for fathers participating in grant-funded activities. All funded programs are required to develop a
domestic violence protocol with the support and assistance of the local domestic violence victim
services provider in their area. The domestic violence protocol should model the template set
forth by the Promoting Responsible Fatherhood staff and steering committee. I have read and
accept this requirement.
William F. Garcia, Chair
Printed na of Authorized Officer
G0 AUG 2 4 2009
Signature of Authorized Officer Date
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Promoting Responsible Fatherhood
REQUIRED TRAINING ATTENDANCE
STATEMENT OF UNDERSTANDING AND ACCEPTANCE
The Contractor shall attend all required training and technical assistance specified by CDHS.
CDHS will provide travel reimbursement for required training attendance based on approved
State guidelines. Contractors will be notified of required trainings. Contractor is committed to
attendance of required training, understands and accepts this commitment as an essential part
of the Promoting Responsible Fatherhood Community Access Grant.
William F. Garcia, Chair
Printed name of uthorized Officer
AUG 2 4 2009
Signature of Authorized Officer Date
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VOLUNTARY PARTICIPATION AND
NO CHARGE FOR SERVICES
STATEMENT OF UNDERSTANDING AND ACCEPTANCE
The Contractor shall ensure that all participation in this program is voluntary and agrees that no
monetary charges shall be required of the participants. Contractor understands and accepts
this commitment as an essential part of the Promoting Responsible Fatherhood Community
Access Grant.
William F. Garcia, Chair
Printed na uthorized Officer
AUG 2 4 2009
Signature of Author ed Officer Date
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Promoting Responsible Fatherhood
10 IHA 01501
WELD COUNTY FAMILY EDUCATIONAL NETWORK
EXHIBIT B - BUDGET
Cost Reimbursement payments will be made as set out in the following Application Budget and narrative.
The Program Administrator must approve changes to this Budget.
SERVICE COMPONENTS:
A.PERSONNEL(DIRECT SERVICES STAFF ONLY) AMOUNT(Use whole dollars only)
Job Title: Strong Fathers-Strong Families Trainer 6,300.00
Job Title: c.a.r.e.Trainer 4,000.00
Job Title: CARES for Parents Trainer 600.00
Job Title:
A.Subtotal: 10,900.00
B.SUPPLIES AND MATERIALS AMOUNT(Use whole dollars only)
Supplies: 2,000.00
Duplication:
Materials:
B.Subtotal: 2,000.00
C.COMMUNICATIONS AMOUNT(Use whole dollars only)
Telephone:
Advertising/Newsletter: -
Brochures: Training and Activity Flyers 600.00
Postage:
C.Subtotal: 600.00
D.MISCELLANEOUS(no more than 10% of total AMOUNT(Use whole dollars only)
request)
Facility Rental: 1,000.00
Business Mileage: 1,300.00
Books/Subscriptions for Staff/Volunteers: 300.00
D.Subtotal: 2,600.00
E.OTHER AMOUNT(Use whole dollars only)
Specify:
E.Subtotal:
TOTAL(A+B+C+D+E)(Use whole dollars only) 16,100.00 •
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Promoting Responsible Fatherhood '
Personnel:
Funds will be used to pay for the trainers'time,lodging,travel and meals,as applicable.
Supplies and Materials:
Funds will be used to purchase materials or books for participants,as applicable.
Communications:
Funds will be used to create and print flyers to advertise the fatherhood trainings.
Miscellaneous:
Other:
CDHS-COLORADO WORKS 3 7/24/2009
a WELD COUNTY ATTORNEY'S OFFICE
rice
& 915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
IWEBSITE:
C. www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO
January 25, 2010
Jackie Rogers
Promoting Responsible Fatherhood Program
Colorado Department of Human Services
1575 Sherman Street, 3'd Floor
Denver, Colorado 80203-1241
Re: Assignment Agreement
•
Dear Ms. Rogers:
Enclosed are the four originals of the Assignment Agreement for the contract between Weld
County and the Colorado Department of Human Services. It is my understanding that you will
obtain the other necessary signatures and then send one of the originals back to me.at: P.O. Box
758, 915 10'h Street, Greeley, CO 80632.
Please feel free to call me at (970) 356-4000, ext. 4390, if you have any questions.
rely,
Bruce T. Barker
Weld County Attorney
Enc.
STATE OF COLORADO
OF'C0<
,
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Colorado Department of Human Services _.. ,
people who help people
PROMOTING RESPONSIBLE FATHERHOOD PROGRAM / MAR 1 B 9t1f1 Bill Ritter,Jr.
Richard E.Batten,Program Administrator
1575 Sherman Street,3rd Floor Governor
Denver,Colorado 80203-1241
Phone:303.866.3808 Karen L.Beye
rich.batten@state.co.us -- -- - -- a Executive Director
March 15, 2010
Mr. Bruce T. Barker
Weld County Attorney
915 Tenth Street
PO Box 758
Greeley, CO 80632
Dear Mr. Barker:
Enclosed is the signed original Contract Assignment for between Weld County and Community Development
Institute Head Start. A signed original is also being sent to CDI Head Start via Janet Flaugher.
Respectfull
G
Richard E. Batten, Fatherhood Specialist
Colorado Promoting Responsible Fatherhood
Phone: 303.866.3808
Rich.batten@state.co.us
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