HomeMy WebLinkAbout20070183.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT 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 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, Family Educational Network of Weld
County,and Community Mediation Project, Inc., do Craig Conrad, commencing January 1, 2007,
and ending September 31, 2007, 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 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, Family Educational Network of Weld County, 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 17th day of January, A.D., 2007, nunc pro tunc January 1, 2007.
B D OF COUNTY COMMISSIONERS
WOUNTY, (COLORADO
ATTEST: � �'��f / , IE �`� o n h Cj
`!' '"=' /J►4� id E. Chair
Weld County Clerk to the Bo- t
1861 f. jitv k
BY: ,) 6--G , /. ,�� •
Deputy Clerk to the Board 4.0(c: Cre
; � illia rcia
APPROVED ASi
C, 1� /`;/ -� ert D. MasdenL__
Clounty Attorney eC
Douglas F�tade her,
Date of signature: /-37-07
2007-0183
HR0078
rid Fl S Cac _5) of - 3/ 477
MEMORANDUM
a AO&(---......s.
DATE: January 4, 2007
illITO: Board of County Commissioners f.O FROM: Watt Speckinan, Executive Director 1.ti 62-LA
COLORADO SUBJECT: Purchase of Services Agreement between FENWC and
Craig Conrad - Community Mediation Project, Inc.
Presented for approval before the Weld County Board of County Commissioners is a Purchase of
Services Agreement between FENWC and Craig Conrad on behalf of Community Mediation
Project, Inc., hereinafter referred to as "Community Mediation Project."
Community Mediation Project agrees to assist in developing and providing marriage education
programs and services under Social Services' Families First Program structure for 2007 by
focusing on the Federal Marriage Education Demonstration Grant Project.
FENWC agrees to pay Community Mediation Project for professional and educational services
pursuant to this Agreement a sum of$262,526.00 according to the budget.
The term of this Agreement shall commence on January 1, 2007 through September 31, 2007.
If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340.
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2007-0183
PURCHASE OF SERVICES AGREEMENT
a-
THIS AGREEMENT is made and entered into this /7 day of January, 2007,by and between the
Family Educational Network of Weld County, acting as the Lead Agency on behalf of the Weld County
Department of Social Services' Healthy Marriages Initiative, hereinafter referred to as "FENWC", and Craig
Conrad on behalf of Community Mediation Project, Inc.,hereinafter referred to as "Community Mediation
Project."
WITNESSETH:
WHEREAS, the Family Educational Network of Weld County supports the Weld County
Department of Social Services' 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, the Family Educational Network of Weld County supports the Weld County
Department of Social Services' desire to develop a balanced systems of care in Weld County under a
community based services integration process, emphasizing family strengths through interagency and
community collaboration; and
WHEREAS, the Family Educational Network of Weld County supports the development of balanced
systems of care 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, the Family Educational Network of Weld County supports the Weld County
Department of Social Services' Families First Programs, which are designed to maintain two-parent families
and to intervene with families under a balanced system of care; and
WHEREAS, Social Services' Families First Programs include the Weld County Healthy Marriages
Initiative, which will promote marriage education with related supportive services, and collaborative
processes among FENWC, United Way of Weld County, the Community Mediation Project, and Social
Services; and
WHEREAS, Community Mediation Project, as the successful bidder, has the expertise and
knowledge to provide a marriage education program under the Federal Marriage Education Demonstration
Grant, and
WHEREAS, Community Mediation Project will focus on the expectations of marriage related
services under the Federal Marriage Education Demonstration Grant and promote a balanced system of care
to families in Weld County,
WHEREAS, Community Mediation Project has the expertise and knowledge to develop and
organize a county-wide Healthy Marriage Coalition,
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereto agree as follows:
c DAPS
1. TERM: The term of this Agreement shall be from January 1, 2007 through September
31, 2007.
2. SERVICES PROVIDED BY COMMUNITY MEDIATION PROJECT; Community
Mediation Project agrees to assist in developing and providing marriage education
programs and services under Social Services' Families First Program structure for 2007
by focusing on the Federal Marriage Education Demonstration Grant Project related to:
• Identifying the best process to support low-income married couples with children
under the age of 15, or couples expecting a child, or couples considering
marriage who will have access to marriage education; and
• Providing marriage education services by trained and certified marriage
educators, including Marriage Seminars,Marriage Mentoring, Marriage
Enrichment Weekends, Marriage Booster Sessions, Conflict Resolution Training,
Premarital Inventories and Financial Management Workshops to low-income
married couples with children under the age of 15, or couples expecting a child,
or couples considering marriage; and
• Develop and organize a county-wide healthy marriage coalition among faith-
based and community organizations to support a healthy marriage initiative to
include scheduling, coordinating, preparing and conducting premarital
inventories, marriage education seminars,marriage enrichment weekends,
marriage mentoring seminars, marriage boosters, financial management
workshops and ongoing conflict resolution coaching and training to be conducted
by and within that coalition; and
• Identifying practices and delivering services for low-income married couples that
would sustain their involvement in marriage education;
• Articulating the broad values of Social Services to develop a balanced system of
care in Weld County under a community based services integration process that
can be designed and implemented under the Federal Marriage Education
Demonstration Grant Project, emphasizing family strengths through interagency
and community collaboration; and
• Integrating these definitions,practices, and broad values more systematically into
preliminary evaluative criteria to be utilized by the University of Northern
Colorado and evaluators of the Federal Marriage Education Demonstration
Grant.
• Reviewing and participating in the initial design of the Federal Marriage
Education Demonstration Grant Project with the Department of Social Services,
Family Educational Network of Weld County,United Way of Weld County and
other community partners with special emphasis on the marriage education
component.
• Reviewing ongoing reports and outcomes of the Federal Marriage Education
Demonstration Grant Project with Social Services,Family Education Network of
Weld County, United Way of Weld County and other community partners with
special emphasis on the marriage education component.
• Committing a FTE to the planning, development and delivery of the Federal
Marriage Education Demonstration Grant.
• Accessing the PREP marriage education curriculum to train marriage educators
by January 31, 2007.
• Implementing marriage education curriculum with related services to allow 40
couples to participate in marriage education classes prior to September 31, 2007,
including:
o The hiring and training of instructor(s), who meet qualifications as
required by the project design; and
o The scheduling of marriage education classes that will meet the
scheduling demands of the couples participating in the project; and
o The coordination of support services and related activities as required by
the project design; and
o The reporting of outcomes of classes and participation of couples; and
o The development of post marriage education services, through the
initiative and through the coalition, for the purposes of retention and
affirming of the skills taught.
• Reviewing the literature and resources to suggest specific marriage education and
related services to develop a marriage education component and the retention of
marriage education skills.
• Identifying outcomes that will be used in evaluating the success and practices of
the Federal Marriage Education Demonstration Grant with the University of
Northern Colorado by January 31,2007 by:
o Developing the definition of services to be provided including how these
services will be quality-driven, cost-effective, community-and faith-
based, and culturally inclusive; and
o Identifying the expectations of Social Services, Family Educational
Network of Weld County, Community Mediation Project, United Way of
Weld County, and anticipated expectations of other contractors under the
Federal Marriage Education Demonstration Grant; and
o Assisting in the development of the evaluation of activities; and
o Assisting in the identification of the necessary data to be provided to
support the evaluation.
• Ensuring that public statements,promotion and marketing in print, broadcast, and
Internet is inclusive of the logos and recognition of Social Services' Families
First Logo, Family Educational Network,United Way of Weld County and
Community Mediation Project.
• Providing written monthly activity reports including initial protocols for marriage
education and related services and other reports as required to Social Services on
the 30th day of the month for review of the planning committee of Social
Services,United Way of Weld County, Family Educational Network of Weld
County, and Community Mediation Project.
• Providing final written protocols for marriage education and related services for
approval of Social Services, Family Educational Network of Weld County,
United Way, and Community Mediation Project by January 31, 2007.
• Actively participating in the resolution of problems and issues with FENWC
during the planning and implementation of the Federal Marriage Education
Demonstration Grant Project as identified by Social Services and the planning
team of Community Mediation Project, Family Educational Network of Weld
County and United Way of Weld County.
• Finalizing amendments or development for a new Agreement with FENWC for
the period of October 1, 2007 through September 30, 2008; which will include,
at a minimum:
o Community Mediation Project budget for the period of October 1, 2007
through September 30, 2008, as projected in Item 3,Compensation,
according to available appropriations.
3. COMPENSATION: FENWC agrees to pay Community Mediation Project for
professional and educational services pursuant to this Agreement a sum of$262,526.00
according to the budget as follows:
• Community Mediation Project shall submit an itemized monthly bill, according
to proper invoices to FENWC, for all costs incurred and services provided
pursuant to this Agreement in accordance with criteria established by FENWC.
Community Mediation Project shall submit all itemized monthly billings to
FENWC no later than the twenty-fifth(25) day of the month following the month
the cost was incurred.
• Payments of costs incurred pursuant to this Agreement are expressly contingent
upon the availability of the Colorado Works or Temporary Assistance for Needy
Families (TANF) funds and/or Federal Marriage Education Demonstration Grant.
• FENWC shall not be billed for, and reimbursement shall not be made for time
involved in activities outside of those defined in this Agreement. Work
performed prior to the execution of this Contract shall not be reimbursed or
considered part of this Agreement.
• FENWC may withhold any payment if Community Mediation Project has failed
to comply with the Financial Management Requirements,program objectives,
contractual terms, or reporting requirements. In the event of a forfeiture of
reimbursements, Community Mediation may appeal such circumstance to the
FENWC Director. The decision of the FENWC Director shall be final.
• All computer equipment will be owned by Community Mediation Project and
will be maintained by Community Mediation Project.
• The parties agree that the service rate as contemplated herein shall constitute the
entire amount of compensation due to the Consultant for any work performed
hereunder.
4. ASSURANCES: Community Mediation Project 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 10-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 Exhibit 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 FENWC to expend funds not otherwise appropriated in each
succeeding year.
9. WAIVER OF IMMUNTITES/THIRD PARTY LIABILITY: No portion of this
Agreement shall be deemed to constitute a waiver of any immunities of FENWC 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 FENWC and not a
party to this Agreement.
IN WITNESS WHEREOF,the parties hereto have signed the date and year set forth above.
BOARD OF COUNTY COMMISSIONERS COMMUNITY MEDIATION PROJECT
OF WELD COUNTY, COLORADO
BY: BY:
David E. Long, Choi aig Conrad
0 17
ATTEST: � AL Ez/n��
CLERK TO THE BO O g so-
COUNTY COMMISSIONERS 'iaei �4
BY:
Depu Clerk t the Board .<r ,' ' ` •
WELD COUNTY DIVISION OF
E ICES
W J. peckman,Executive Director
Gee? 0(I3
EXHIBIT A
ASSURANCES
1. Community Mediation 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
Community Mediation-contracted providers or its employees, volunteers, or agents while
performing duties as described in this Agreement. Community Mediation shall indemnify,
defend, and hold harmless Weld County,the Board of County Commissioners of Weld County,
its employees,volunteers, and agents. Community Mediation 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, Community Mediation shall provide FENWC 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, nor 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. Community Mediation 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. Community Mediation 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 Community Mediation.
9. All such records, documents, communications, and other materials shall be the property of Weld
County and shall be maintained by Community Mediation, in a central location and custodian, in
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behalf of FENWC, 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. Community Mediation 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. Community Mediation or FENWC may not assign any of its rights
or obligations hereunder without the prior written consent of both parties.
12. Community Mediation certifies that federal appropriated funds have not been paid or will be paid,
by or on behalf of Community Mediation, 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. Community Mediation assures that it will fully comply with all other applicable federal and state
laws. Community Mediation understands that the source of funds to be used under this Contract
is Child Welfare Regular Administration funds.
14. Community Mediation 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
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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 Social
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, Community Mediation 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, Community Mediation shall submit to Social 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 FENWC's termination, for cause, of its contract with Community Mediation.
16. Community Mediation 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 Community Mediation shall be disclosed in a form
identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with
Community Mediation written policies governing access to, duplication and dissemination of, all
such information. Community Mediation shall advise its employees, agents, and subcontractor, if
any, that they are subject to these confidentiality requirements. Community Mediation 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 Community
Mediation in the course of providing services under this Contract will be accorded at least the
same precautions as are employed by Community Mediation for similar information in the course
of its own business.
18. Community Mediation 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. Community Mediation certifies that it shall comply with the provisions of Colorado Revised
Statutes (C.R.S.) 8-17.5-101, et seq. Community Mediation 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 Community Mediation that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this Contract.
Community Mediation represents, warrants, and agrees that it(a)has verified that it does not
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employ any illegal aliens,through participation in the Basic Pilot Employment Verification
Program administered by the Social Security Administration and Department of Homeland
Security, and(b)otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b).
Community Mediation 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 Community Mediation fails to comply with any requirement of this provision or C.R.S. 8-17.5-
101, et seq., FENWC may terminate this Contract for breach and Community Mediation 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
Community Mediation receives federal or state funds under this Contract, Community Mediation
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 Community Mediation 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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