HomeMy WebLinkAbout20070625.tiff RESOLUTION
RE: APPROVE COLORADO WORKS PURCHASE OF SERVICES AGREEMENT FOR
THE BUILDING HEALTHYMARRIAGESPROJECTANDAUTHORIZECHAIRTO SIGN
- UNITED WAY OF WELD COUNTY
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 Colorado Works Purchase of Services
Agreement for the Building Healthy Marriages 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 Social Services,and United Way of Weld County,commencing January 1,2007,and
ending September 30, 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, ex-officio Board of Social Services, that the Colorado Works Purchase of
Services Agreement for the Building Healthy Marriages 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 Social Services, and United Way of Weld County 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 12th day of March, A.D., 2007, nunc pro tunc January 1, 2007.
BOARD OF COUNTY COMMISSIONERS
WELQOU TY, COLORADO
ATTEST: jH �(k� 41 �"II-` .. J' _
_ , d E. Long, Chair
Weld County Clerk to the Bo 86, t ;
� *to fEX , SED
�� Wtl iam� I ..ke, Pro-Tem BY: Deputy Cler7c to the Board R ' ;'� '� � f
Wil m F. Garcia
AP ED AS T � �__
Robert D. Masden
aunty Attorney , _c1r2 A,,,,,
Douglas'Rademachel
Date of signature: 3//9/0 7
2007-0625
H R0078
(IP,` /7-s7--- c�-ts o /-o7
MEMORANDUM
ftt:
Ip DATE: March 6, 2007
will TO: Board of County Commissioners
FROM: Walt Speckman, Executive Director jj J-`-
COLORADO SUBJECT: Purchase of Services Agreement between FENWC and
United Way of Weld County
Presented for approval before the Weld County Board of County Commissioners is a Purchase of
Services Agreement between FENWC and United Way of Weld County, hereinafter referred to
as "United Way."
United Way agrees to assist FENWC in its preparation of recruiting, marketing, and emergency
services for the Building Healthy Marriages project fro 2007-2008.
United Way will recruit couples to participate through a recruitment and marketing campaign,
emergency services component that will complement the components of intake, enrollment
and family support program and the component of marriage education program under the
Federal Marriage Education Demonstration Grant.
FENWC agrees to pay United Way for professional and related services pursuant to this
Agreement a sum of$202,365 according to the budget. This budget includes both County and
Federal Grant funds.
The term of this Agreement shall commence on January 1, 2007 through September 30, 2007.
If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340.
2007-0625
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this/7day of)))11.1,,c4, 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 United
Way of Weld County, hereinafter referred to as"United Way."
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, United Way, as the successful bidder for the Weld County Building Healthy Marriages
Project, has the expertise and knowledge to assist FENWC and its collaborative partners in its efforts to recruit
couples to participate through a recruitment and marketing campaign,to provide emergency services for couples
and further define expectations of a recruitment and marketing campaign, emergency services component that
will complement the components of intake, enrollment, and family support program and the component of
marriage education program under the Federal Marriage Education Demonstration Grant; and
WHEREAS, United Way will focus on FENWC's expectations of recruitment, marketing, and
emergency services under the Weld County Building Healthy Marriages Project to promote a balanced system
of care as specified in the Federal Marriage Education Demonstration Grant received by Weld County Social
Services.
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 January 1, 2007 through September
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30,2007.
2. SERVICES PROVIDED BY UNITED WAY- United Way agrees to assist FENWC in
its preparation of recruiting, marketing, , and emergency services for the Building
Healthy Marriages project for 2007-2008, related to:
• Defining and implementing the substantive content of a component that will
include recruitment and marketing campaign, emergency services in conjunction
with marriage education services that will benefit low-income married couples
and related support services more fully; and
• Assisting in identifying practices that could be incorporated in the delivery of
services for low-income married couples that would sustain their involvement in
marriage education;
• Assisting in integrating these definitions, practices, and broad values more
systematically into preliminary evaluative criteria to be utilized by the University
of Northern Colorado,evaluators of the Federal Marriage Education
Demonstration Grant and Building Healthy Marriage Project, respectively.
A. Reviewing and participating in the initial process designs of the Building Healthy
Marriage Project with Social Services,Community Mediation, Inc., Family
Educational Network of Weld County, and other community partners with special
emphasis on the recruitment, marketing, and emergency services component.
B. Reviewing ongoing reports and outcomes of the initial process designs of the
Building Healthy Marriage Project with Social Services, Community Mediation, Inc.,
Family Educational Network of Weld County, and other community partners with
special emphasis on component that will include recruitment and marketing
campaign, emergency services.
C. Committing a FTE to the planning, development, and implementation of the Building
Healthy Marriage Project.
D. Developing and implementing the component that will include recruitment and
marketing campaign, emergency services under the Building Healthy Marriage
Project that will allow 40 couples to participate in marriage education classes prior to
December 31, 2007, including:
o The hiring and training of appropriate contract staff, who meet
qualifications as required by the project design; and
o The development of a recruitment and marketing strategy, supportive
emergency service plans that will incorporate needs of the intake,
enrollment and family center needs of one family center in Greeley and
one family center in Ft. Lupton. These family centers will be developed
to house all functions of the program including marriage education
classes and will meet the scheduling demands of the couples
participating in the project; and
o Assist in the identification of data tracking for recruitment and
emergency services to meet the requirements for the Federal
Demonstration Grant.; and
o The reporting of outcomes of recruitment, marketing, and
implementation of emergency services for couples.
E. Reviewing the literature and resources to suggest specific recruitment and
marketing strategies that will initially and continually participate in a marriage
education component and such post-marriage education activities.
o Assisting in 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 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.
G. Assisting in identifying and tracking outcomes that will be used in evaluating the
success and promising practices of the Building Healthy Marriages Project.
These outcomes will require joint planning with Social Services, Family
Educational Network,United Way of Weld County and other community
partners.
H. Ensuring that public statements, promotion and marketing in print, and Internet is
inclusive of the recognition of Social Services, Family Educational Network of
Weld County, United Way of Weld County and Community Mediation, Inc,
and/or logos.
Providing written monthly activity reports including initial protocols for
recruitment, marketing, supportive services development, and the delivery of
emergency services and other reports as required to Human Services on the 30'"
day of the month.
J. Providing final written reports as required by the Weld County Human Services.
K. Actively participating in the resolution of problems and issues with Human
Services during the planning and implementation of the Building Healthy
Marriage Project as identified by the planning team of Community Mediation,
Social Services, Family Educational Network of Weld County and United Way
of Weld County.
L Developing amendments or a new Agreement for the period of January 1, 2007
through September 30, 2007; which will include:
1) Continuing to develop and implement written protocols to be used for the
Building Healthy Marriage Grant or Federal Marriage Education
Demonstration Grant.
2) United Way budget for the period of January 1, 2007 through September
30, 2007, as projected in Item 3, Compensation, as amended and
according to available appropriations. .
3. COMPENSATION: FENWC agrees to pay United Way for professional and
related services pursuant to this Agreement a sum of$202,365 according to the attached
budget. This budget includes both County and Federal Grant funds.
A. United Way shall submit an itemized monthly bill, according to proper invoices
to Social Services, for all costs incurred and services provided pursuant to this
Agreement in accordance with criteria established by FENWC. United Way
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.
B. 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.
C. 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.
D. FENWC may withhold any payment if United Way has failed to comply with the
Financial Management Requirements, program objectives, contractual terms, or
reporting requirements. In the event of a forfeiture of reimbursements, United
Way may appeal such circumstance to the Director of FENWC. The decision of
the Director of FENWC shall be final.
E. All equipment purchased will be owned by United Way and will be maintained
by United Way.
4. ASSURANCES: United Way 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 IMMUNITIES/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 Social Services 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 UNITED WAY OF COUNTY OF
WELD CCUfITY, COLORADO
BY: cJ BY�
David E. Long, Chair Jeann' e Truswell, Executive Director
X2007 y�
E
ATTEST:
CLERK TO THE BOARD OF � a
CO Y COMMISSIONERS ;is t =itrifj
BY: 1��� iii °
Dep Clerk t the Board IT:
WELD COUNTY DIVISION OF
Hu,/ R CES
Wal . Speckman, Executive Director
EXHIBIT A
ASSURANCES
1. United Way of Weld County 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
United Way-contracted providers or its employees, volunteers, or agents while performing duties
as described in this Agreement. United Way shall indemnify, defend,and hold harmless Weld
County,the Board of County Commissioners of Weld County, its employees,volunteers, and
agents. United Way 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,
United Way 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. United Way of Weld County 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. United Way of Weld County 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 United Way of Weld County.
9. All such records, documents, communications, and other materials shall be the property of Weld
County and shall be maintained by United Way of Weld County, in a central location and
custodian, in behalf of FENWC, for a period of four(4)years from the date of final payment
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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. United Way of Weld County 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. United Way or FENWC may not assign any of its rights or
obligations hereunder without the prior written consent of both parties.
12. United Way of Weld County certifies that federal appropriated funds have not been paid or will
be paid, by or on behalf of United Way,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. United Way of Weld County assures that it will fully comply with all other applicable federal and
state laws. United Way understands that the source of funds to be used under this Contract is
Child Welfare Regular Administration funds.
14. United Way of Weld County 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
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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 FENWC
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,
United Way 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,
United Way shall submit to FENWC, 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 United Way.
16. United Way of Weld County 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 United Way shall be disclosed in a form identifiable with the
applicant/recipient or a minor's parent or guardian unless in accordance with United Way written
policies governing access to, duplication and dissemination of,all such information. United Way
shall advise its employees, agents, and subcontractor, if any,that they are subject to these
confidentiality requirements. United Way 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 United Way in the
course of providing services under this Contract will be accorded at least the same precautions as
are employed by United Way for similar information in the course of its own business.
18. United Way of Weld County certifies it will abide by Colorado Revised Statue(C.R.S.) 26-6-104,
requiring criminal background record checks for all employees working directly with the BHM
project. .
19. United Way of Weld County certifies that it shall comply with the provisions of Colorado
Revised Statutes (C.R.S.) 8-17.5-101, et seq. United Way 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 United Way that the subcontractor shall not knowingly
employ or contract with an illegal alien to perform work under this Contract. United Way 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 United Way fails to comply with
any requirement of this provision or C.R.S. 8-17.5-101,et seq., FENWC may terminate this
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Contract for breach and United Way 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
United Way receives federal or state funds under this Contract, United Way 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 United Way 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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