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HomeMy WebLinkAbout20090583.tiffRESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR PROMOTING RESPONSIBLE FATHERHOOD PROJECT AND AUTHORIZE CHAIR TO SIGN - NEW HORIZON CHRISTIAN CHURCH 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 Memorandum of Understanding for the Promoting Responsible Fatherhood Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the New Horizon Christian Church, commencing February 1, 2009, and ending September 30, 2009, with further terms and conditions being as stated in said memorandum, and WHEREAS, after review, the Board deems it advisable to approve said memorandum, 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 Memorandum of Understanding for the Promoting Responsible Fatherhood Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the New Horizon Christian Church be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said memorandum. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of March, A.D., 2009, nunc pro tunc February 1, 2009. ATTEST: i Weld County Clerk to the B BYtt1? (Q{ l L2C1 y Clersio the Board Count Attorney Date of signature' 3by (cCI David E. Long BOARD OF COUNTY COMMISSIONERS WELD COUP4TY/; COLORADO am F. Garcia, Chair arbaraKirkmeyeJ C,5 c ro ; t -I -s 2009-0583 HR0080 3424 o9 MEMORANDUM DATE: March 5, 2009 V'D TO: William F. Garcia, Chair, Board of Coun C� FROM: Judy A. Griego, Director, Human Servt COLORADO RE: Commissios Memorandum of Understanding between the Weld County Department of Human Services and New Horizon Christian Church Promoting Responsible Fatherhood Project Enclosed for Board Approval is a Memorandum of Understanding between the Department and New Horizon Christian Church Promoting Responsible Fatherhood Project. This was presented at the Board's March 3, 2009, Work Session. This Project is in its second year of development. The Department is supporting a grant awarded by New Horizon from the Colorado Department of Human Services. The Promoting Responsible Fatherhood Project of New Horizon supports positive growth and development of fathers of at -risk children in Weld County. This project provides fathers with parenting skills trainings that addresses issues of personal and emotional development, child nurturing and childhood development, communication skills, and relational responsibilities. Participants go through an intake and assessment process that screens for domestic violence issues. Participants will be provided support from a mentoring relationship with a trained mentor who will help to reinforce classroom instruction through the National Fatherhood Initiative's Quenching the Father Thirst curriculum. Project staff provides appropriate referrals for participants as needed for issues such employment, child support, drug and alcohol abuse, etc. In the previous start-up term, New Horizon served 19 fathers. The Department will reimburse New Horizon the sum of $10,360. The term of this Memorandum of Understanding is February 1, 2009 through September 30, 2009. If you have any questions, give me a call at extension 6510. 2009-0583 MEMORANDUM OF UNDERSTANDING BETWEEN NEW HORIZON CHRISTIAN CHURCH PROMOTING RESPONSIBLE FATHERHOOD PROJECT AND WELD COUNTY DEPARTMENT OF HUMAN SERVICES This Agreement is made and entered into this 1 S day of February, 2009, between New Horizon Christian Church, hereinafter referred to as NHCC, and the Weld County Department of Human Services as a partner in the Promoting Responsible Fatherhood Project, hereafter referred to WCDHS. WITNESSETH: WHEREAS, NHCC is the recipient of funding to provide the administration and delivery of a Promoting Responsible Fatherhood Grant; and WHEREAS, NHCC and WCDHS wish to establish collaboration in the Promoting Responsible Fatherhood Project; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Term: The term of this Agreement between NHCC and WCDHS shall be for the period beginning February 1, 2009 through September 30, 2009. 2. Geographic Areas To Be Served: Intake and Assessment services shall be provided to residents of Weld County, Colorado with emphasis on the Weld County South area. 3. WCDHS Responsibilities: 3.1.1. WCDHS will provide ongoing client referrals throughout the agreement period. 3.1.2.WCDHS will provide staff time to support the continued development and refinement of an evidence based program and a local delivery system which incorporates policies, manuals, evaluation and protocols, 3.1.3. WCDHS will provide continued support and access to trainings, when available to NHCC in program development, staff development, and program sustainability. 3.1.4.WCDHS will help to ensure the success of collaborative efforts between NHCC and project collaborators, including CDHS and a domestic violence provider, 3.I.5.WCDHS will provide payments as outlined in the attached budget from the TANF Community Investment Program to NHCC based on the following plan: • WCDHS will prepay NHCC the sum of $1,000 which will be disbursed in February 2009. 1 • Following the February 2009 prepayment NHCC will then submit monthly incurred expenses they wish to be reimbursed to WCDHS by the 1s` of each month with payment expected by the 10`h of each month. 4. NHCC Responsibilities: 4.1.1.NHCC will use the funding received by WCDHS as described in Attachment A and as supported under NHCC's Promoting Responsible Fatherhood Community Grant and as outlined in the budget, Attachment B, 4.1.2.NHCC will present any requested line item change to the attached budget, which must not change the total funding amount, in writing to WCDHS, 4.I.3.NHCC will provide progress reports and review the budget with the WCDHS staff on a quarterly basis during the following months: February 2009 May 2009 August 2009 4.1.4. NHCC will agree to work with WCDHS staff to insure that the tools and methods of evaluation are in place so that NHCC's program objectives and outcomes are met. 4.1.5.NHCC will commit to participating in trainings provided by WCDHS relevant to the program and its sustainability. 4.1.6.N11CC will collaborate with WCDHS to continue develop of an evidence based program and a local delivery system which incorporates policies, manuals, and protocols, 4.1.7.NHCC will agree to work with WCDHS staff to track program progress as well as provide WCDHS a copy of the quarterly reports submitted to CDHS, 4.1.8.NHCC will collaborate with WCDHS to receive client referrals, 4.1.9.NHCC will collaborate with WCDHS and partnering agencies to insure that the following services and criteria are provided for program participants: 4.1.9.1. Eligible low income families (185% of poverty level); and 4.1.9.2. At -risk fathers; and 4.1.9.3. Individual life plans to connect the family and improve self-sufficiency, parenting, relationship education and related services; and 4.1.9.4. Provide mentors 4.1.9.5. Large group educational events, activities, childcare, and transportation, 4.1.10. NHCC will work with WCDHS staff to complete a formalized intake and assessment for each program participant and also screen participants for lawful presence in the United States and assess for domestic violence, 4.1.11. NHCC will notify WCDHS as soon as possible any revisions, amendments, or program changes that may occur on the Promoting Responsible Fatherhood Grant, 2 4.1.12. NHCC certifies it will abide by Colorado Revised Statue (C.R.S.) 26-6-104, requiring criminal background record checks for all employees and volunteers connected to the program, 4.1.13. NHCC will abide by Equal Opportunity practices, 4.1.14 NHCC agrees not to use any monies received from WCDHS to fund inherently religious activities and will abide by the non-proselytization policies outlined in the WCDHS non-proselytization agreement, 5. Modification of Agreement: All modifications to this Agreement shall be in writing and signed by both parties. 6. Assignment: This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. Neither party may assign any of its rights/obligations hereunder without the prior written consent of the other party. 7. Resolution of Disagreements: If a problem/disagreement should occur, the WCDHS Director and the Fatherhood Project Director should be notified immediately. If the problem/disagreement still can not be resolved, it will be taken to a higher authority in both agencies. 8. Applicable Law: WCDHS and NHCC agree to follow policies and procedures in accordance with Federal and State regulations and other applicable laws and regulations. 9. Entire Agreement: This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and may not be changed or modified. 10. Waiver or Immunities/Third-Party Liability: No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any position of this Agreement be deemed to have created a duty of care with respect to any persons not a party to this Agreement. 11. Non -appropriation: No portion of this Agreement shall be deemed to create an obligation on the part of NHCC, the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. 12. Severability: If any section, subsection, paragraph, sentence, clause or phrase of the Agreement is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Agreement and each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared unconstitutional or invalid. 3 13. Assurances: See Exhibit C IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be duly executed as of the day and year first hereinabove set forth. WELD COUNTY BOARD OF COUNTY COMMISSIONERS SacIa, Chair ATTEST: WELD COUNTY CLERK TO THE 4 By: Deputy Clerk to file Board NEW HORIZON CHRISTIAN CHURCH Rob Thomas, Pastor o3 -0S -a7 WELD COUNTY DEPARTMENT OF HUMAN SERVICES 4 EXHIBIT A SCOPE OF SERVICES The Promoting Responsible Fatherhood Project of New Horizon will support positive growth and development of fathers of at -risk children in Weld County. This project will provide fathers with parenting skills trainings that addresses issues of personal and emotional development, child nurturing and childhood development, communication skills, and relational responsibilities. Participants will go through an intake and assessment process that screens for domestic violence issues. Participants will also be provided with support from a mentoring relationship with a trained mentor who will help to reinforce classroom instruction through the National Fatherhood Initiative's Quenching the Father Thirst curriculum. Project staff will also provide appropriate referrals for participants as needed for issues such employment, child support, drug and alcohol, abuse, etc. GOALS AND OBJECTIVES Goal #1: Men will become loving, involved, responsible fathers or father -figures in the lives of their children. Through this father -child relationship issues of the child's growth, health, safety, and well-being will be positively impacted. Objectives: 1. Fathers will increase the amount of quality time spent with their kids. Non -custodial fathers will be taught creative ways to remain engaged in their children's lives. 2. Fathers will have an increased understanding of childhood developmental milestones and put into practice new skills for promoting and encouraging development within their children. 3. Fathers will have a greater understanding of and put into practice parenting and life skills that will empower them to provide for their children's emotional and financial well- being. Goal #2: Empower fathers to instill healthy, non-violent relationship and social skills within their children by positively role modeling these behaviors themselves. Objectives: 1. Fathers will explore their relationships with their own parents and have an understanding of how these relationships have affected their parenting skills and style as a father. 2. Fathers will explore their personal attitudes and values about women and have an understanding of how this affects their relationship with the mother of their child. Fathers will have an understanding of and put into practice appropriate means of disciplining their children. 5 EXHIBIT B New Horizons 2009 Fatherhood Program Budget Request Description Cost Client stipends and incentives, including internal DHS referrals Marketing (advertising with newspaper, hoodies, Kiosk, etc.) Program special events, retreat, get together Fatherhood forum and community events Mileage stipend for clients to attend classes Food for trainings and events $ 2,000.00 $ 3,460.00 $ 2,200.00 $ 800.00 $ 500.00 $ 1,400.00 TOTAL $10, 360.00 6 EXHIBIT C ASSURANCES 1. New Horizon agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of the execution of this Agreement. 2. Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of New Horizon or its employees, volunteers, or agents while performing duties as described in this Agreement. New Horizon shall indemnify, defend, and hold harmless Weld County, the Board of County Commissioners of Weld County, its employees, volunteers, and agents. New Horizon shall provide adequate liability and worker's compensation insurance for all its employees, volunteers, and agents engaged in the performance of the Agreement upon request, New Horizon shall provide human Services with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, not shall any portion of this Agreement be deemed to have treated a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. 5. If any section, subsections, paragraph, sentence, clause, or phrase of this Contract is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 6. No officer, member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. 7. New Horizon assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall, on the grounds of race, creed, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this approved Contract. 8. New Horizon assures that sufficient, auditable, and otherwise adequate records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under the Contract are maintained for three (3) years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local, Federal, and State auditors, and representatives to audit and monitor New Horizon. 7 9. All such records, documents, communications, and other materials shall be the property of Human Services and shall be maintained by New Horizon, in a central location and custodian, in behalf of Human Services, for a period of four (4) years from the date of final payment under this Contract, or for such further period as may be necessary to resolve any matters which may be pending, or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the four (4) year period, or if audit findings have not been resolved after a four (4) year period, the materials shall be retained until the resolution of the audit finding. 10. New Horizon assures that authorized local, federal, and state auditors and representatives shall, during business hours, have access to inspect any copy records, and shall be allowed to monitor and review through on -site visits, all contract activities, supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 11. This Contract shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. New Horizon or Human Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. New Horizon certifies that federal appropriated funds have not been paid or will be paid, by or on behalf of New Horizon, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, loan, grant, or cooperative agreement. 13. New Horizon assures that it will fully comply with all other applicable federal and state laws. New Horizon understands that the source of funds to be used under this Contract is Temporary Assistance For Needy Family Community Investment. 14. New Horizon assures and certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transaction by a federal department of agency. b. Have not, within a three-year period of preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 8 c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 11(b) of this certification; and d. Have not, within a three-year period preceding this Contract, had one or more public transactions (federal, state, and local) terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a contractor with Human Services when the contractor also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. During the term of the Contract, New Horizon shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation, New Horizon shall submit to Human Services, a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for Human Services' termination, for cause, of its contract with New Horizon. 16. New Horizon shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection, no information about or obtained from any applicant/recipient in possession of New Horizon shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with New Horizon written policies governing access to, duplication and dissemination of, all such information. New Horizon shall advise its employees, agents, and subcontractor, if any, that they are subject to these confidentiality requirements. New Horizon shall provide its employees, agents, and subcontractors, if any, with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development, trade secrets, business affairs, internal operations and management procedures and those of its customers, clients or affiliates, but does not include information (1) lawfully obtained from third parties, (2) that which is in the public domain, or (3) that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by New Horizon in the course of providing services under this Contract will be accorded at least the same precautions as are employed by New Horizon for similar information in the course of its own business. 18. The Contractor certifies it will abide by Colorado Revised Statue (C.R.S.) 26-6-104, requiring criminal background record checks for all employees, contractors, and sub- contractors 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly 9 employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5- IO2(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Social Services may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Social Services. Except where exempted by federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. 24-76.5-103(4) if such individual applies for public benefits provided under this Contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. 24-76.5-103 prior to the effective date of this Contract. 10 Hello