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Home My WebLink About20092118.tiffRESOLUTION RE: APPROVE CONTRACT FOR PROMOTING RESPONSIBLE FATHERHOOD PROGRAM 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 a Contract for the Promoting Responsible Fatherhood Program from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Human Services, to the Colorado Department of Human Services, commencing October 1, 2009, and ending September 30, 2010, with further terms and conditions being as stated in said contract, and WHEREAS, a hearing before the Board was held on the 19th day of August, 2009, at which time the Board deemed it advisable to continue said matter to August 24, 2009, in order to allow adequate time for Judy Griego, Director of the Department of Human Services, to investigate whether there have been changes regarding the funding to be awarded for the Promoting Responsible Fatherhood Program, and WHEREAS, after review at the hearing conducted on August 24, 2009, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract for the Promoting Responsible Fatherhood Program from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Human Services, to the Colorado Department of Human Services, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract. 00 ' 0-R � s� 2009-2118 HR0080 cRlo3/©i RE: APPROVE CONTRACT FOR PROMOTING RESPONSIBLE FATHERHOOD PROGRAM PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of August, A.D., 2009. ARD OF COUNTY COMMISSIONERS OLORADO ATTEST: Weld County Clerk to the Boar BY Depu //t;ounty Attorney Date of signature ' I≥I(xi uglas "ademacher, EXCUSED Sean P. Conway Pro -Tern Kirk eyer David E. Long 2009-2118 H R0080 MEMORANDUM 4/f 6 DATE: August 17, 2009 TO: William F. Garcia, Chair, Board of County WII Co issioners C FROM: Judy A. Griego, Director, Hu an e4i�e�Dinent 91' COLORADO RE: Contract between the Weld County Department of Human Services and the Colorado Department of Human Services' Colorado Works Fatherhood Program Enclosed for Board Approval is the Contract between the Department and the Colorado Department of Human Services' Colorado Works Fatherhood Program. This was presented at the Board's August 17, 2009, Work Session. In accordance with the provisions of this Contract and its exhibits and attachments, the Contractor shall provide Strong Father -Strong Families workshops, participate in the CARES for Parents appropriate behavior management skills training, and the 12 -week 24-7 Dads classes. Total amount for this Contract shall not exceed $16.100.00_ The term of this Contract shall be upon approval by the State Controller, or designee, or on October 1, 2009, whichever is later, through September 30, 2010. If you have any questions. uive me a call at extension 6510. 2009-2118 DEPARTMENT 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 Department of Human Services Colorado Works Fatherhood 1575 Sherman Street, 3rd Floor Denver, CO 80203 Weld County 1555 N. 17th Avenue Greeley, CO 80632 CONTRACT MADE DATE: 10/01/2009 PO/SC ENCUMBRANCE NUMBER PO IHA TANF1000026 CONTRACTOR'S ENTITY TYPE: Government CONTRACTOR'S STATE OF INCORPORATION: N/A TERM: This contract shall be effective upon approval by the State Controller, or designee, or on 10/01/2009, whichever is later. The contract shall end on 09/30/2010. BILLING STATEMENTS RECEIVED: Monthly STATUTORY AUTHORITY: C.R.S. § 25-1-111 PROCUREMENT METHOD: Exempt BID/RFP/LIST PRICE AGREEMENT NUMBER Not Applicable LAW SPECIFIED VENDOR STATUTE: Not Applicable CONTRACT PRICE NOT TO EXCEED: $16,100 MAXIMUM AMOUNT AVAILABLE PER FISCAL YEAR FY 10: $12075.00 FY 10: $4025.00 PRICE STRUCTURE: Cost Reimbursement FUND SOURCE - NAME OF FEDERAL PROGRAM/GRANT AND FUNDS ID# 90 -FR -0085 STATE REPRESENTATIVE Kevin Richards Colorado Works, Fatherhood Program 1575 Sherman Street, 3rd Floor Denver, CO 80203 CONTRACTOR REPRESENTATIVE. Janet Flaugher Contractor Name Per Above 1555 N. 17th Avenue 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. For Contract Wizard Version 3.9 Colorado Department of Human Services Contract Management Page 1 of 13 Revised 01/01/09 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 for 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. For Contract Wizard Version 3.9 Colorado Department of Human Services Contract Management Page 2 of 13 Revised 01/01/09 GENERAL PROVISIONS The following clauses apply to this contract: A. Governmental Immunity/Limitation of Liability: Notwithstanding anything herein to the contrary, 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, protection, or other provisions of the "Colorado Governmental Immunity Act", C.R.S. §24-10-101, et seq., as now or hereinafter amended. The parties understand and agree that the liability of the State for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of C.R.S. §24-10-101, et seq., as now or hereafter amended and the risk management statutes, C.R.S. §24-30-1501, et seq., as now or hereafter amended. Any liability of the State created under any other provision of this contract, whether or not incorporated herein by reference, shall be controlled by, limited to, and otherwise modified so as to conform with, the above cited laws. B. Federal Funds Contingency: Payment pursuant to this contract, if in federal funds, whether in whole or in part, is subject to and contingent upon the continuing availability of federal funds for the purposes hereof In the event that said funds, or any part thereof, become unavailable, as determined by the State, the State may immediately terminate this contract or amend it accordingly. C. Billing Procedures: The State shall establish billing procedures and requirements for payment due the Contractor in providing performance pursuant to this contract. The Contractor shall comply with the established billing procedures and requirements for submission of billing statements. The State shall comply with CRS 24-30-202(24) when paying vendors upon receipt of a correct notice of the amount due for goods or services provided hereunder. D. Exhibits- Interpretation: Unless otherwise stated, all referenced exhibits are incorporated herein and made a part of this contract. And, unless otherwise stated, in the event of conflicts or inconsistencies between this contract and its exhibits or attachments, such conflicts shall be resolved by reference to the For Contract Wizard Version 3.9 Colorado Department of Human Services Contract Management documents in the following order of priority: 1) the Special Provisions of this contract shall always be controlling over other provisions in the contract or amendments; 2) the contract "cover" pages; 3) the exhibits to this contract 4) the General Provisions of this contract. E. Notice and Representatives: For the purposes of this contract, the representative for each party is as designated herein. Any notice required or permitted may be delivered in person or sent by registered or certified mail, return receipt requested, to the party at the address provided, and if sent by mail it is effective when posted in a U.S. Mail Depository with sufficient postage attached thereto. Notice of change of address or change or representative shall be treated as any other notice. F. Contractor Representations: 1. Licenses and Certifications: The Contractor certifies that, at the time of entering into this contract, it and its agents have currently in effect all necessary licenses, certifications, approvals, insurance, etc. required to properly provide the services and/or supplies covered by this contract in the state of Colorado. Proof of such licenses, certifications, approvals, insurance, etc. shall be provided upon the State's request. Any revocation, withdrawal or nonrenewal of necessary license, certification, approval, insurance, etc. required for the Contractor to properly perform this contract, shall be grounds for termination of this contract by the State. 2. Qualification: Contractor certifies that it is qualified to perform such services or provide such deliverables as delineated in this contract. 3. Debarment and Suspension: The Contractor certifies to the best of its knowledge and belief that the Contractor, its principals and authorized subcontractors are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. G. Legal Authority: The Contractor warrants that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract Page 3of13 Revised 01/01/09 and bind the Contractor to its terms. The person(s) executing this contract on behalf of the Contractor warrant(s) that such person(s) have full authorization to execute this contract. H. Indemnification: Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Contractor, or its employees, agents, subcontractors, or assignees, pursuant to the terms of this contract. [Applicable Only to Intergovernmental Contracts] 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, protection, 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. 2671 et seq., as applicable, as now or hereafter amended. I. Insurance - Contractor: The contractor shall obtain, and maintain at all times during the term of this contract, insurance in the following kinds and amounts: 1. Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of contractor's employees acting within the course and scope of their employment. 2. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: a. $1,000,000 each occurrence; b. $1,000,000 general aggregate; c. $1,000,000 products and completed operations aggregate; and d. $50,000 any one fire. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, the contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to the State a certificate or other document satisfactory to the State showing compliance with this provision. For Contract Wizard Version 3.9 Colorado Department of Human Services Contract Management Page 4 of 13 e. Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with a minimum limit as follows: $1,000,000 each accident combined single limit. f Professional liability insurance with minimum limits of liability of not less than $1,000,000. 3. The State of Colorado shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction contracts will require the additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). Coverage required of the contract will be primary over any insurance or self-insurance program carried by the State of Colorado. 4. The Insurance shall include provisions preventing cancellation or non -renewal without at least 45 days prior notice to the State by certified mail. 5. The contractor will require all insurance policies in any way related to the contract and secured and maintained by the contractor to include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against the State of Colorado, its agencies, institutions, organizations, officers, agents, employees and volunteers. 6. All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to the State. 7. The contractor shall provide certificates showing insurance coverage required by this contract to the State within 7 business days of the effective date of the contract, but in no event later than the commencement of the services or delivery of the goods under the contract. No later than 15 days prior to the expiration date of any such coverage, the contractor shall deliver the State certificates of insurance evidencing renewals thereof At any time during the term of this contract, the State may request in writing, and the contractor shall thereupon within 10 days supply to the State, evidence satisfactory to the State of compliance with the provisions of this section. 8. Notwithstanding subsection A of this section, if the contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act CRS 24-10-101, et seq., as Revised 01/01/09 amended ("Act'), the contractor shall at all times during the term of this contract maintain only such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon request by the State, the contractor shall show proof of such insurance satisfactory to the State. J. Disaster Planning and Pandemic Outbreaks: The State may require the Contractor to submit a Disaster Response Plan (Plan) to ensure the delivery hereunder of essential government services during a disaster, declared emergency, and/or pandemic outbreak. The Plan would take precedence over and nullify any contractual provision relating to force majeure or "Acts of God." Accordingly, should the work performed by the Contractor under this contract include the provision of any essential government services, the State may request a Plan from the Contractor, and, upon such request, the Contractor shall forthwith submit a Plan, and the Contractor shall be bound to perform hereunder in accordance therewith. K. Rights in Data, Documents and Computer Software or Other Intellectual Property: All intellectual property including without limitation, databases, software, documents, research, programs and codes, as well as all, reports, studies, data, photographs, negatives or other documents, drawings or materials prepared by the contractor in the performance of its obligations under this contract shall be the exclusive property of the State. Unless otherwise stated, all such materials shall be delivered to the State by the contractor upon completion, termination, or cancellation of this contract. Contractor shall not use, willingly allow or cause to have such materials used for any purpose other than the performance of the contractor's obligations under this contract without a prior written consent of the State. All documentation, accompanying the intellectual property or otherwise, shall comply with the State requirements which include but is not limited to all documentation being in a paper, human readable format which is useable by one who is reasonably proficient in the given subject area. L. Proprietary Information: Proprietary information for the purpose 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 lawfully For Contract Wizard Version 3.9 Colorado Department of Human Services Contract Management obtained by third parties, which is in the public domain, or which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this contract. Any proprietary information removed from the State's site by the Contractor in the course of providing services under this contract will be accorded at least the same precautions as are employed by the Contractor for similar information in the course of its own business. M. Records Maintenance, Performance Monitoring & Audits: The Contractor shall maintain a complete file of all records, documents, communications, and other materials that pertain to the operation of the program/project or the delivery of services under this contract. Such files shall be sufficient to properly reflect all direct and indirect costs of labor, materials, equipment, supplies and services, and other costs of whatever nature for which a contract payment was made. These records shall be maintained according to generally accepted accounting principles and shall be easily separable from other Contractor records. Page 5of13 The Contractor shall protect the confidentiality of all records and other materials containing personally identifying information that are maintained in accordance with this contract. Except as provided by law, no information in possession of the Contractor about any individual constituent shall be disclosed in a form including identifying information without the prior written consent of the person in interest, a minor's parent, guardian, or the State. The Contractor shall have written policies governing access to, duplication and dissemination of, all such information and advise its agents, if any, that they are subject to these confidentiality requirements. The Contractor shall provide its agents, if any, with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. The Contractor authorizes the State, the federal government or their designee, to perform audits and/or inspections of its records, at any reasonable time, to assure compliance with the state or federal government's terms and/or to evaluate the Contractor's performance. Any amounts the State paid improperly shall be immediately returned to the State or may be recovered in accordance with other remedies. Revised 01/01/09 All such records, documents, communications, and other materials shall be the property of the State unless otherwise specified herein and shall be maintained by the Contractor, for a period of three (3) years from the date of fmal payment or submission of the final federal expenditure report under this contract, unless the State requests that the records be retained for a longer period, or until an audit has been completed with the following qualification. If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the three (3) year period, or if audit findings have not been resolved after a three (3) year period, the materials shall be retained until the resolution of the audit findings. The Contractor shall permit the State, any other governmental agency authorized by law, or an authorized designee thereof, in its sole discretion, to monitor all activities conducted by the Contractor pursuant to the terms of this contract. Monitoring may consist of internal evaluation procedures, reexamination of program data, special analyses, on -site verification, formal audit examinations, or any other procedures as deemed reasonable and relevant. All such monitoring shall be performed in a manner that will not unduly interfere with contract work. N. Taxes: The State, as purchaser, is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code [No. 84-730123K] and from all state and local government use taxes [C.R.S. §39- 26-114(a) and 203, as amended]. The contractor is hereby notified that when materials are purchased for the benefit of the State, such exemptions apply except that in certain political subdivisions the vendor may be required to pay sales or use taxes even though the ultimate product or service is provided to the State. These sales or use taxes will not be reimbursed by the State. O. Conflict of Interest: During the term of this contract, the Contractor shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the Contractor fully performing his/her obligations under this contract. Additionally, the Contractor acknowledges that, in governmental contracting, even the appearance of a conflict of interest is harmful to the interests of the State. Thus, the Contractor agrees to refrain from any practices, activities or relationships which could reasonably be considered to be in conflict with the Contractor's fully performing For Contract Wizard Version 3.9 Colorado Department of Human Services Contract Management his/her obligations to the State under the terms of this contract, without the prior written approval of the State. In the event that the Contractor is uncertain whether the appearance of a conflict of interest may reasonably exist, the Contractor shall submit to the State a full disclosure statement setting forth the relevant details for the State's consideration and direction. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the apparent conflict shall be grounds for termination of the contract. Further, the Contractor shall maintain a written code of standards governing the performance of its agent(s) engaged in the award and administration of contracts. Neither the Contractor nor its agent(s) shall participate in the selection, or in the award or administration of a contract or subcontract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: 1. The employee, officer or agent; 2. Any member of the employee's immediate family; 3. The employee's partner; or 4. An organization which employees, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. Neither the Contractor nor its agent(s) will solicit nor accept gratuities, favors, or anything of monetary value from Contractor's potential contractors, or parties to subagreements. P. Conformance with Law: The Contractor and its agent(s) shall at all times during the term of this contract strictly adhere to all applicable federal laws, state laws, Executive Orders and implementing regulations as they currently exist and may hereafter be amended. Without limitation, these federal laws and regulations include: • Age Discrimination Act of 1975, 42 U.S.C. Section 6101 et seq. and its implementing regulation, 45 C.F.R. Part 91; • Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 et seq.; • Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 et seq.; • The Drug Free Workplace Act of 1988, 41 U.S.C. 701 et seq.; • Equal Pay Act of 1963, 29 U.S.C. 206; • Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. § 1320d et seq. and implementing regulations, 45 C.F.R. Parts 160 and 164; Page 6 of 13 Revised 01/01/09 Q. • Immigration Reform and Control Act of 1986, 8 U.S.C. 1324b; • Pro -Children Act of 1994, 20 U.S.C. 6081 et sue.; • Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, and implementing regulation 45 C.F.R. Part 84; • Titles VI & VII of the Civil Rights Act of 1964, 42 U.S.C. 2000(d) & (e); • The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 42 USC 604a, PL 104-193. See also State Executive Order D 015 00; • Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq.; • The Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Common Rule), at 45 CFR, Part 92; • The Uniform Administrative Requirements for Awards and Subawards to Institutions of Higher Education, Hospitals, Other Non -Profit Organizations, and Commercial Organizations (Common Rule), at 2 CFR 215; • Office of Management and Budget Circulars A- 87, A-21 or A-122, and A-102 or A-110, whichever is applicable. • The Hatch Act (5 USC 1501-1508) and Civil Service Reform Act, Public Law 95-454 Section 4728. • Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriations Act, 1990, PL 101-166, Section 511. • 45 CFR Subtitle A, Department of Health and Human Services regulations. • The Single Audit Act Amendments of 1996, 31 USC 7501, Public Law 104-156, OMB Circular A-133, and 45 CRF 74.26. Restrictions on Public Benefits: Pursuant to House Bill 06S-1023, as codified at C.R.S. § 24-76.5-101 et seq., except as otherwise provided therein or where exempt by federal law, the State is required to verify the lawful presence in the United States of each natural person 18 years of age or older who applies for state or local public benefits or for federal public benefits for the applicant. Accordingly, should the work performed by the Contractor under this contract include the provision of any of said benefits to any natural person 18 years of age or older who applies therefore for the applicant, the Contractor shall follow the requirements of said law in the provision of said benefits as if it were the State. The State will provide the Contractor with specific instruction on the identification documentation For Contract Wizard Version 3.9 Colorado Department of Human Services Contract Management required and the process to be followed by the Contractor to properly comply with the law if the work done under this contract is subject to these requirements. R. Sole Source Government Contracts as Defined in Colorado Constitution Article XXVIII: This provision applies only to sole source government contracts and does not apply to any contract which used a public and competitive bidding process in which the State agency or institution of higher education solicited at least three bids prior to awarding the contract. Page 7 of 13 Contractor certifies, warrants, and agrees that it has complied and will comply with Colorado Constitution Article XXVIII, including but not necessarily limited to the following prohibitions and obligations: 1. If during the term of the contract, contractor holds sole source government contracts with the State of Colorado and any of its political subdivisions cumulatively totaling more than $100,000 in a calendar year, then for the duration of this contract and for two years after, contractor will not make, cause to be made, or induce by any means a contribution, directly or indirectly, on behalf of contractor or contractor's immediate family member(s) for the benefit of any political party or for the benefit of any candidate any elected office of the State or any of its political subdivisions; and 2. Contractor represents that contractor has not previously made or caused to be made, and will not in the future make or cause to be made, any contribution intended to promote or influence the result of a ballot issue election related to the subject matter of this contract; and 3. Contractor will satisfy contractor's obligations to promptly report to the Colorado Department of Personnel & Administration information included in the Government Contract Summary and the Contract Holder Information, regarding this contract and any other sole source government contracts to which contractor is a party; and 4. Contractor understands that any breach of this section or of Contractor's responsibilities under Colorado Constitution Article XXVIII may result in either contractual or constitutionally mandated penalties and remedies; and Revised 01 /01/09 5. A Contractor that intentionally violates Colorado Constitution Article XXVIII, Section 15 or 17(2), shall be ineligible to hold any sole source government contract, or public employment with the state or any of its political subdivisions for three years; and 6. By execution of this contract, Contractor hereby confirms it is qualified and eligible under such provisions to enter into this contract. For purposes of this clause, the term "contractor" shall include persons that control ten percent or more shares or interest in contractor, as well as contractor's officers, directors, and trustees. The term "immediate family member" shall include a spouse, child, spouse's child, son-in-law, daughter-in-law, parent, sibling, grandparent, grandchild, stepbrother, stepsister, stepparent, parent -in-law, brother-in-law, sister-in-law, aunt, niece, nephew, guardian, or domestic partner. S. Discrimination: The Contractor during the performance of this contract shall: 1. not discriminate against any person on the basis of race, color, national origin, age, sex, religion and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions. 2. not exclude from participation in, or deny benefits to any qualified individual with a disability, by reason of such disability. Any person who thinks he/she has been discriminated against as related to the performance of this contract has the right to assert a claim, Colorado Civil Rights Division, C.R.S. §24-34- 302, et seq. T. Criminal Background Check: Pursuant to C.R.S. §27-1-110 and Department of Human Services Policy VI -2.4, any independent contractor, and its agent(s), who is designated by the Executive Director or the Executive Director's designee to be a contracting employee under C.R.S. §27-1-110, who has direct contact with vulnerable persons in a state -operated facility, or who provides state - funded services that involve direct contact with vulnerable persons in the vulnerable person's home or residence, shall: 1. submit to a criminal background check, and 2. report any arrests, charges, or summonses for any disqualifying offense as specified by C.R.S. §27-1-110 to the State. Any Contractor or its agent(s), who does not comply with C.R.S. §27-1-110 and DHS Policy For Contract Wizard Version 3.9 Colorado Department of Human Services Contract Management VI -2.4, may, at the sole discretion of the State, be suspended or terminated. U. Litigation: The Contractor shall within five (5) calendar days after being served with a summons, complaint, or other pleading which has been filed in any federal or state court or administrative agency notify the State that it is a party defendant in a case which involves services provided under this contract. The Contractor shall deliver copies of such document(s) to the State's Executive Director. The term "litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy, reorganization and/or foreclosure. V. Disputes: Except as herein specifically provided otherwise, disputes concerning the performance of this contract which cannot be resolved by the designated contract representatives shall be referred in writing to a senior departmental management staff designated by the department and a senior manager designated by the Contractor. Failing resolution at that level, disputes shall be presented in writing to the Executive Director and the Contractor's chief executive officer for resolution. This process is not intended to supersede any other process for the resolution of controversies provided by law. W. Remedies: Acceptance is dependent upon completion of all applicable inspection procedures. The State reserves the right to inspect the goods and/or services provided under this contract at all reasonable times and places. The Executive Director of the State or her/his designee may exercise the following remedial actions should s/he find the Contractor substantially failed to satisfy the scope of work found in this contract. Substantial failure to satisfy the scope of work shall be defined to mean substantially insufficient, incorrect or improper activities or inaction by the Contractor. Without limitation, the State has the right to: Page 8of13 1. withhold payment until performance is cured, 2. require the vendor to take necessary action to ensure that the future performance conforms to contract requirements, 3. request removal of a Contractor's agent from contract work, 4. equitably reduce the payment due the vendor to reflect the reduced value of the services performed, 5. recover payment for work that due to the Contractor cannot be performed or would be of no value to the State, Revised 01/01/09 6. modify or recover payments (from payments under this contract or other contracts between the State and the vendor as a debt due to the State) to correct an error due to omission, error, fraud and/or defalcation, 7. terminate the contract. These remedies in no way Limit the remedies available to the State in the termination provisions of this contract, or remedies otherwise available at law. X. Termination: 1. Termination for Default: The State may terminate the contract for cause. If the State terminates the contract for cause, it will first give ten (10) days prior written notice to the Contractor, stating the reasons for cancellation, procedures to correct problems, if any, and the date the contract will be terminated in the event problems have not been corrected. In the event this contract is terminated for cause, the State will only reimburse the Contractor for accepted work or deliverables received up to the date of termination. In the event this contract is terminated for cause, final payment to the Contractor may be withheld at the discretion of the State until completion of final audit. Notwithstanding the above, the Contractor may be liable to the State for the State's damages. If it is determined that the Contractor was not in default then such termination shall be treated as a termination for convenience as described herein. 2. Termination for Convenience: The State shall have the right to terminate this contract by giving the Contractor at least twenty (20) days prior written notice. If notice is so given, this contract shall terminate on the expiration of the specified time period, and the liability of the parties hereunder for further performance of the terms of this contract shall thereupon cease, but the parties shall not be released from the duty to perform their obligations up to the date of termination. 3. Immediate Termination: This contract is subject to immediate termination by the State in the event that the State determines that the health, safety, or welfare of persons receiving services may be in jeopardy. Additionally, the State may immediately terminate this contract upon verifying that the Contractor has engaged in or is about to participate in fraudulent or other illegal acts. 4. Termination for Financial Exigency: The State shall have the right to terminate this contract For Contract Wizard Version 3.9 Colorado Department of Human Services Contract Management for fmancial exigency by giving the Contractor at least thirty (30) days prior written notice. For the purposes of this provision, a financial exigency shall be a determination made by the Colorado legislature or its Joint Budget Committee that the financial circumstances of the State are such that it is in the best interest of the State to terminate this contract. If notice of such termination is so given, this contract shall terminate on the expiration of the time period specified in the notice, and the liability of the parties hereunder for further performance of the terms of this contract shall thereupon cease, but the parties shall not be released from the duty to perform their obligations up to the date of termination. In the event that the State terminates this contract under the Termination for Convenience or Termination for Financial Exigency provisions, the Contractor is entitled to submit a termination claim within ten (10) days of the effective date of termination. The termination claim shall address and the State shall consider paying the following costs: a. the contract price for performance of work, which is accepted by the State, up to the effective date of the termination. b. reasonable and necessary costs incurred in preparing to perform the terminated portion of the contract c. reasonable profit on the completed but undelivered work up to the date of termination d. the costs of settling claims arising out of the termination of subcontracts or orders, not to exceed 30 days pay for each subcontractor e. reasonable accounting, legal, clerical, and other costs arising out of the termination settlement. In no event shall reimbursement under this clause exceed the contract amount reduced by amounts previously paid by the State to the Contractor. Y. Venue: The parties agree that venue for any action related to performance of this contract shall be in the City and County of Denver, Colorado. Z. Understanding of the Parties: 1. Complete Understanding: This contract is intended as the complete integration of all understandings between the parties. No prior Page 9 of 13 Revised 01/01/09 or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. Descriptive headings as used herein are for convenience and shall not control or affect the meaning or construction of any provision of this contract. 2. Severability: To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. 3. Benefit and Right of Action: Except as herein specifically provided otherwise, it is expressly understood and agreed that this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. All rights of action relating to enforcement of the terms and conditions shall be strictly reserved to the State and the named Contractor. Nothing contained in this 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 termination 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 For Contract Wizard Version 3.9 Colorado Department of Human Services Contract Management subcontracting arrangements, delivery of services, and performance of any subgrantor or subcontractor. The Contractor warrants and agrees that any subgrant or subcontract, resulting from its performance under the terms and conditions of this contract, shall include a provision that the said subgrantor or subcontractor shall abide by the terms and conditions hereof. Also, the Contractor warrants and agrees that all subgrants or subcontracts shall include a provision that the subgrantor or subcontractor shall indemnify and hold harmless the State. The subgrantors or subcontractors must be certified to work on any equipment for which their services are obtained. AA. Holdover: In the event that the State desires to continue the services provided for in this Contract and a replacement contract has not been fully executed by the expiration date of the Contract, this Contract may be extended unilaterally by the State for a period of up to two (2) months upon written notice to the Contractor under the same terms and conditions of the original Contract including, but not limited to, prices, rates, and service delivery requirements. However, this extension terminates when the replacement contract becomes effective when signed by the State Controller or an authorized delegate. Page 10 of 13 Revised 01/01/09 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, immediate 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 For Contract Wizard Version 3.9 Colorado Department of Human Services Contract Management Page 11 of 13 Revised 01/01 /09 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 Department 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 For Contract Wizard Version 3.9 Colorado Department of Human Services Contract Management Page 12 of 13 Revised 01/01/09 ()SC ewrat F u.3r rp v r .'kflOSJ,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 Weld County Family Educational Network By: William F. Garcia Title: Chair, Board of Weld County Commissioners *Signature AUG 2 4 2009 Date: STATE OF COLORADO Bill Ritter, Jr. GOVERNOR Department of Human Services Karen L. Beye, Executive Director Date: 2nd Contractor Signature if Needed By: Title: Date: *Signature LEGAL REVIEW John W. Suthers, Attorney General By: Signature - Assistant Attorney General 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. For Contract Wizard Version 3.9 Colorado Department of Human Services Contract Management Page 13 of 13 Revised 01/01/09 seolorado Works Promoting Responsible Fatherhood 10/HA 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 1) To improve the Head Start fathers' understanding of the role they play in their child's life and successful future. DELIVERABLES Recruit a cadre of 40 Head Start fathers to participate in Fatherhood Initiative trainings and activities. Recruit 10 fathers from the 2007-2008 cadre to serve as mentors for current fathers. MEASURES By September 2010, 40 FENWC Head Start fathers will have participated in at least two of the three series of the PRF Fatherhood Initiative trainings, as measured by attendance tracking forms. 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 polorado jr Works Promoting Responsible Fatherhood GOAL #2 To strengthen the father's parenting and care -giving skills. DELIVERABLES Fathers will participate in 2 of the 3 series of trainings offered by the Fatherhood Initiative. Fathers will complete post -training surveys, responding how the training has affected their lives. 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 MEASURES By September 2010, 40 FENWC Head Start fathers will have participated in at least two of the three series of the PRF Fatherhood Initiative trainings, as measured by attendance tracking forms. Post -training surveys data analysis will confirm the impact fatherhood training has had on the participants. In the event of failure to comply the following accountability process will be enforced: CD: iS - COLORADO I'VOP\KS 9 7/ 24/ 2009 Promoting Responsible Fatherhood 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 j2olorado .. Works 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 maybe 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. CDHS - COLORADO WORKS 3 7/24/2009 Colorado ('Works 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 upbn 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 215` day of the 30 -day period allowed. Please CDI-IS - COLORADO WORKS 4 7/24/200^ �olorado .,:, '.Works Promoting Responsible Fatherhood 's • _.w 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. • Accessibility statement of understanding and acceptance • Development and adherence to Domestic Violence protocols statement of understanding and acceptance. CDHS - COLOR ADC WORKS ' 7/24/2009 Colorado Works Promoting Responsible Fatherhood • 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. CDHS - COLORADO WORKS F, 7/24/2009 polorado Works t Promoting Responsible Fatherhood •--• 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 name of?,Futhorized Officer AUG 2 4 2009 Signature of Authorized Officer Date CDHS - COLORADO WORKS 7/24/ 2009 Promoting Responsible Fatherhood NON-PROSELYTIZATION STATEMENT OF UNDERSTANDING AND ACCEPTANCE Colorado _; :Works 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 name of?okhorized Officer Signature of Authorized Officer AUG 2 4 2009 Date CDFIS - COLORADO WORKS S 7/24/2009 Colorado .(N Works Promoting Responsible Fatherhood •- ••-- r DEPARTMENT OF HEALTH & HUMAN SERVICES ADMINISTRATION FOR CHILDREN AND FAMIUES 37O L'Enfant Promenade, S.W. Washington, D.C. 20447 LeeslSafeeuards 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. Islote: 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 praselytization, as part of the programs or services funded with direct financial assistance front 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 If 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 he 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 sante 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. 1.5 CFI? 87.1. (c). ("If an organization conducts [inherently religious] activities, the activities must be offered separately. in time or location, from the programs or services CDHS - COLORADO WORKS 9 7/24/2009 Promoting Responsible Fatherhood DOMESTIC VIOLENCE STATEMENT OF UNDERSTANDING AND ACCEPTANCE olorado it'd(c.1 Works 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 name of ignature of Authorized Officer AUG 2 4 2009 Date CDHS_COLORADO WORKS 10 7/24/2009 Promoting Responsible Fatherhood REQUIRED TRAINING ATTENDANCE STATEMENT OF UNDERSTANDING AND ACCEPTANCE Folorado :i Works 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-af',Authorized Officer AUG 2 4 2009 Signature of Authorized Officer Date CDHS - COLORADO WORKS 11 7240009 Promoting Responsible Fatherhood VOLUNTARY PARTICIPATION AND NO CHARGE FOR SERVICES STATEMENT OF UNDERSTANDING AND ACCEPTANCE „polorad0 .. t Works 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 name of orized Officer AUG 2 4 2009 Signaturea Authorized Officer Date CDHS - COLORADO WORKS 12 7/2/2009 Promoting Responsible Fatherhood 101HA 01501 WELD COUNTY FAMILY EDUCATIONAL NETWORK EXHIBIT B - BUDGET polorado Works 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 request) AMOUNT (Use whole dollars only) Facility Rental: 1,000.00 Business Mileage: 1,300.00 Books/Subscriptions for Staff/Volunteers: 300.00 —1 D. Subtotal: 2,600.00 E. OTHER AMOUNT (Use whole dollars only) Specify: E. Subtotal: 16,100.00 TOTAL (A+B+C+D+E) (Use whole dollars only) CDHS - COLORADO WORKS 1 7/27/2009 I 4 Promoting Responsible Fatherhood Personnel: ,polorado �,", Works 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: CDIS - COLORADO WORKS 3 7/24/2009 Hello