HomeMy WebLinkAbout20090186RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT FOR NEXT STEP PROGRAM
AND AUTHORIZE CHAIR TO SIGN - COMMUNITY MEDIATION PROJECT, INC.,
C/O CRAIG CONRAD
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 Purchase of Services Agreement for the
Next Step Program 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
Community Mediation Project, Inc., c/o Craig Conrad, commencing February 1, 2009, and ending
September 29, 2009, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Purchase of Services Agreement for the Next Step Program 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 Community Mediation Project,
Inc., c/o Craig Conrad, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 21st day of January, A.D., 2009.
ATTEST: galttea
Weld County Clerk to the
BY�
Dept
Clerk
the Board
APPROVED AS- RM:
County Attorney
Date of signature. I a. /° 1
David E. Long
BOARD OF COUNTY COMMISSIONERS
WELD Uy Y OLORADO
it illiam F. Garci Chair
D:uglas Radema. er, Pro-Tem
eel
Conway
2009-0186
HR0080
MEMORANDUM
a
44 DATE: January 19, 2009
111111'�� William F. Garcia, Chair, Board of County Commissioners
1e,TROO:M: Judy A. Griego, Director, Human Services Department
COLORADO RE: Purchase of Services Agreement between the Weld County
Department of Human Services and Community Mediation
Project
Enclosed for Board approval is a Purchase of Services Agreement between the Weld County
Department of Human Services and Community Mediation Project. This Purchase of Services
Agreement was presented at the Board's January 19, 2009, Work Session.
Building Healthy Marriages is unable to continue providing conflict and financial management
services with low income couples due to grant restrictions. However, by entering into a contract
separate from the grant but in conjunction with the program, this service may re-establish.
Therefore, the following contract is presented with Community Mediation Project to coordinate
and administer The Next Step program:
1. CMP agrees to provide these services in the form of conflict and/or financial management
coaching; and
2. CMP agrees to provide appropriate staff and resources to manage The Next Step program for
purposes of access for families participating in the Building Healthy Marriage Project; and
3. CMP agrees to ensure to provide services to only those couples referred by the lead agency for the
Building Healthy Marriage Project; and
4. CMP agrees to serve a minimum of 75 eligible couples by September 29, 2009; and
5. CMP agrees to provide to eligible couples a maximum per service up to $400; and
Human Services, according to § 26-2-707.5, Colorado Works resources, will provide to CMP a total sum
of $ 30,000 for The Next Step program.
If you have any questions, give me a call at extension 6510.
2009-0186
THE NEXT STEP PURCHASE OF SERVICES AGREEMENT BETWEEN COMMUNITY
MEDIATION PROJECT AND WELD COUNTY DEPARTMENT OF HUMAN SERVICES
5f
THIS AGREEMENT is made and entered into this :111/ day of,JiM ryyj, 2009, by and between the
Board of County Commissioners of the County of Weld, State of Colorado, sitting on behalf of the Weld
County Department of Human Services, hereinafter referred to as "Human Services", and Community
Mediation Project hereinafter referred to as "CMP"
WITNESSETH:
WHEREAS, Human Services has as its goal to intervene successfully with families in the least
intrusive manner while maximizing safety before they enter the judicial system; and upon their entry into
the child welfare and juvenile justice systems, to expedite the positive resolution of their treatment or case
plans; and
WHEREAS, Human Services wishes to develop a balanced system of care in Weld County under a
community based services integration process, emphasizing family strengths through interagency and
community collaboration; and
WHEREAS, Human Services' balanced system of care must be developed with evidenced -based
and promising practices that are outcome based; and
WHEREAS, under the Personal Responsibility and Work Opportunity Reconciliation Act, the
Temporary Assistance for Needy Families (TANF), which is the Colorado Works Program, encourages
the formation and maintenance of two -parent families; and
WHEREAS, CMP has the expertise and ability to be the agency to coordinate and administer The
Next Step program.
WHEREAS, Human Services, as the Weld County grant administer of the Federal Marriage
Demonstration Grant wishes to contract with CMP to be the agency in delivering and administering The
Next Step program under the Colorado Works Program; 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 shall be from February 1, 2009 through September 29, 2009.
2. SERVICES PROVIDED BY CMP:
a. CMP agrees to provide appropriate staff and resources to manage The Next Step program
for purposes of access for families participating in the Building Healthy Marriage Project;
and
b. CMP agrees to ensure to provide services to only those couples referred by the lead
agency for the Building Healthy Marriage Project; and
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c. CMP agrees to provide timely and accurate invoices to Human Services no later than the
23rd (twenty-third ) of each month that itemizes the expenditures and resulting year to
date balance; and
d. CMP agrees to actively participate with Human Services in the monitoring and auditing
of the program and the financial management in the effort to maintain records in
accordance to the Federal Guidelines.
e. CMP agrees to actively participate with Human Services in the resolution of problems
and issues during the planning and implementation of the Next Step. All resolutions of
problems agreed upon will be approved by the Director of Human Services.
3. COMPENSATION: Human Services, according to § 26-2-707.5, Colorado Works resources,
will provide to CMP a total sum of $ 30,000 for The Next Step program with the requirement
that:
a. CMP agrees to serve a minimum of 75 eligible couples by September 29, 2009; and
b. CMP agrees to provide to eligible couples a maximum per service up to $400.; and
c. CMP agrees to provide these services in the form of conflict and/or financial
management coaching; and
d. Any remaining sums of money at the end of September 29, 2009, will be returned to
Human Services unless specifically agreed to through an amendment to this agreement.
4. ASSURANCES: CMP shall abide by the Assurances, as attached as Exhibit A.
5. TERMINATION: Either party may terminate this Agreement at any time by providing the other
party with a 30 -day written notice thereof. Furthermore, this Agreement may be terminated at
any time without notice upon a material breach of the terms of the Agreement.
6. TIME OF THE ESSENCE: Time is of the essence in each and all of the provisions of this
Agreement.
7. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement including Exhibits A
constitutes the entire understanding between the parties with respect to the promises and
covenants made therein. No modification of the terms of this Agreement shall be valid unless
made in writing and agreed to by both parties.
8. NON -APPROPRIATION: No portion of this Agreement shall be deemed to create an obligation
on the part of Human Services to expend funds not otherwise appropriated in each succeeding
year.
9. Force Majeure. Neither Human Services nor CMP shall be liable to the other for any delay in,
or failure of performance of any covenant or promise contained in this subcontract, nor shall any
delay or failure constitute default or give rise to any liability for damages if, and only to the
extent that, such delay or failure is caused by "force majeure". As used in this subcontract "force
majeure" means acts of God; acts of the public enemy; acts of the State and any governmental
entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions;
strikes or other labor disputes; freight embargoes; or unusually severe weather.
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10. WAIVER OF IMMUNITIES/THIRD PARTY LIABILITY: No portion of this Agreement
shall be deemed to constitute a waiver of any immunities of Human Services or its officers or
employees may possess, nor shall any portion of this Agreement be deemed to have created a
duty of care with respect to any persons other than Human Services and not a party to this
Agreement.
IN WITNESS WHEREOF, the parties hereto have signed the date and year set forth above.
ATTEST: -
c
CLERK TO THE BOA' ISMOF?4,
COUNTY COMMISSIfNER$;:; ::
BY:
Deputy Clerk to the"Board
APPROVED BY:
WELD COUNTY DEPARTMENT OF
HUMAN SERVICES
-ti
I
Grieg , Director
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO, SITTING
ON BEHALF OF THE WELD COUNTY
EPARTMENT OF HUMAN SERVICES
William F. Garcia, Chair
JAN 2 1 ? OG9
COMMUNITY MEDIATION PROJECT
�2
Craig Conra
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&c21-'/Yt
EXHIBIT A
ASSURANCES
CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become
employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as
the result of the execution of this Agreement.
Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not
be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR -
contracted CONTRACTOR or its employees, volunteers, or agents while performing duties as described in
this Agreement. CONTRACTOR shall indemnify, defend, and hold harmless Weld County, the Board of
County Commissioners of Weld County, its employees, volunteers, and agents. CONTRACTOR shall
provide adequate liability and worker's compensation insurance for all its employees, volunteers, and
agents engaged in the performance of the Agreement upon request, CONTRACTOR 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. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no
person shall, on the grounds of race, creed, color, sex, or national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination under this approved Contract.
CONTRACTOR assures that sufficient, auditable, and otherwise adequate records that will provide
accurate, current, separate, and complete disclosure of the status of the funds received under the 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
CONTRACTOR.
9. All such records, documents, communications, and other materials shall be the property of Human Services
and shall be maintained by CONTRACTOR, 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.
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10. CONTRACTOR assures that authorized local, federal, and state auditors and representatives shall, during
business hours, have access to inspect any copy records, and shall be allowed to monitor and review
through on -site visits, all contract activities, supported with funds under this 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. CONTRACTOR or Human Services may not assign any of its rights or obligations hereunder
without the prior written consent of both parties.
12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid, by or on
behalf of CONTRACTOR, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, loan, grant, or cooperative agreement.
13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws.
CONTRACTOR understands that the source of funds to be used under this Contract is Temporary
Assistance for Needy Families Community Investment Fund funds.
14. CONTRACTOR assures and certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transaction by a federal department of agency.
b. Have not, within a three-year period of preceding this Agreement, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(federal, state, or local) with commission of any of the offenses enumerated in paragraph 11(b) of
this certification; and
d. Have not, within a three-year period preceding this Contract, had one or more public transactions
(federal, state, and local) terminated for cause or default.
IS. 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, CONTRACTOR shall not enter any
third party relationship that gives the appearance of creating a conflict of interest. Upon teaming of an
existing appearance of a conflict of interest situation, CONTRACTOR shall submit to Human Services, a
full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure
to promptly submit a disclosure statement required by this paragraph shall constitute grounds for Human
Services' termination, for cause, of its contract with CONTRACTOR.
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16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are
maintained in accordance with this Contract. Except for purposes directly connected with the
administration of Child Protection, no information about or obtained from any applicant/recipient in
possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a
minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to,
duplication and dissemination of all such information. CONTRACTOR shall advise its employees, agents,
and subcontractor, if any, that they are subject to these confidentiality requirements. CONTRACTOR shall
provide its employees, agents, and subcontractors, if any, with a copy or written explanation of these
confidentiality requirements before access to confidential data is permitted.
17. Proprietary information for the purposes of this contract is information relating to a party's research,
development, trade secrets, business affairs, internal operations and management procedures and those of
its customers, clients or affiliates, but does not include information (I) 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 CONTRACTOR in the course of providing services under this Contract will be accorded at least the
same precautions as are employed by CONTRACTOR for similar information in the course of its own
business.
18. CONTRACTOR certifies it will abide by Colorado Revised Statue (C.R.S.) 26-6-104, requiring criminal
background record checks for all employees, contractors, and sub -contractors.
19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-
101, et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under
this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
Contract. Contractor represents, warrants, and agrees that it (a) has verified that it does not employ any
illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by
the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply
with the requirements of C.R.S. 8-17.5-102(2)(6). Contractor shall comply with all reasonable requests
made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and
Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et
seq., Human Services may terminate this Contract for breach and Contractor shall be liable for actual and
consequential damages to Human Services.
Except where exempted by federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor
receives federal or state funds under this Contract, Contractor must confirm that any individual natural
person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. 24-
76.5-103(4) if such individual applies for public benefits provided under this Contract. If Contractor
operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of
the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall
produce one of the forms of identification required by C.R.S. 24-76.5-101, et seq., and (c) shall produce
one of the forms of identification required by C.R.S. 24-76.5-103 prior to the effective date of this
Contract.
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