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HomeMy WebLinkAbout20063211.tiff RESOLUTION RE: APPROVE COLORADO WORKS PURCHASE OF SERVICES AGREEMENT FOR THE MARRIAGE EDUCATION PROJECT AND AUTHORIZE CHAIR TO SIGN - COMMUNITY MEDIATION PROJECT, INC. 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 Marriage Education 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 Community Mediation Project, Inc.,commencing October 1,2006,and ending December 31, 2006, 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 Marriage Education 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 Community Mediation Project, Inc., 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 22nd day of November, A.D., 2006, nunc pro tunc October 1, 2006. BOARD OF CO NTY COMMISSIONERS WELD COUN , COLORADO ATTEST: I� �, /./7 M. eile, Chair Weld County Clerk to R •�- � ' { c (�-� , cI / t ' ` � Davi E. Long, Pro-Tem 1 / BY: - �/ Dep , Clerk the Board t Will HH.. J-erke APP E AS TO . &, Robert D. Masden unty Attorney EXCUSED Glenn Vaad Date of signature: 12j�'�D(< 2006-3211 SS0033 0(1 ' S-51 4jS \ DEPARTMENT OF SOCIAL SERVICES P.O. BOX A GREELEY, CO. 80632 IDWebsite:www.co.weld.co.us Administration and Public Assistance(970)352-1551 Child Support(970)352-6933 OFax(970)346-7663 • COLORADO MEMORANDUM TO: M.J. Geile, Chair Date: November 17, 2006 Board of County Commissioners FR: Judy A. Griego, Director, Social Services. iAlt,t,dAl 0 G RE: Colorado Works Purchase of Services Agreement- Weld County Marriage Education Project Enclosed for Board approval is a Colorado Works Purchase of Services Agreement between the Weld County Department of Social Services (Department)and Community Mediation, Inc. This Agreement was reviewed at the Board's Work Session held on October 30, 2006. The major provisions of the Agreement are as follows: 1. The term of the Agreement is October 1, 2006 through December 31, 2006. 2. The source of funding is Colorado Works (Temporary Assistance for Needy Families) (TANF) and/or Federal Marriage Education Demonstration Grant, if applicable and available. 3. Community Mediation, Inc.,will participate in a pilot project to test system designs for marriage education and related services to 30 married couples. This pilot project is being done in conjunction with Social Services, Family Educational Network of Weld County under the Weld County Division of Human Services,and United Way of Weld County. The pilot project will prepare Weld County for the Federal Marriage Demonstration Grant and the Supporting Health Marriage Research Project. 4. The Department will reimburse Community Mediation, Inc., an amount not to exceed $33,260 and according to the budget included in the Agreement. If you have any questions, please telephone me at extension 6510. 2006-3211 Contract No. PY06-WCMEP-Marrigae Education COLORADO WORKS PURCHASE OF SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of �r Z2 crm�tY 2006, 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 Social Services, hereinafter referred to as"Social Services", and Community Mediation Project, Inc., hereinafter referred to as"Community Mediation." WITNESSETH: WHEREAS, Social 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, Social Services wishes 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, Social Services' balanced systems 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, Social Services' Families First Programs 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 Marriage Education Project, which will test a program design that promotes marriage education with related supportive services, and collaborative processes among the Weld County Department of Human Services through its Family Educational Network of Weld County, United Way of Weld County, Community Mediation, and Social Services; and WHEREAS, Social Services with its collaborative partners will be responding to re-designs of the Weld County Marriage Education Project to prepare for the Federal Marriage Education Demonstration Grant and Supporting Healthy Marriage Research Project by January 2007; and WHEREAS, Community Mediation, as the successful bidder, has the expertise and knowledge to assist Social Services and its collaborative partners in its efforts to develop and further define expectations of a marriage education program under the Federal Marriage Education Demonstration Grant and Supporting Healthy Marriage Research Project; and WHEREAS, Community Mediation will focus on Social Services' expectations of marriage education providers, education, and related services under the Weld County Marriage Education Project to promote a balanced system of care and to transition to the Federal Marriage Education Demonstration Page 1 of 6 Contract No. PY06-WCMEP-Marrigae Education Grant and Supporting Healthy Marriage Research Project Federal. 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 October 1, 2006 through December 31, 2006. 2. SERVICES PROVIDED BY COMMUNITY MEDIATION. Community Mediation agrees to assist Social Services in its preparation of marriage education programs and services under Social Services' Families First Program structure for 2007-2008, by focusing on the Weld County Marriage Education Project to test certain Social Services' expectations of potential contract service providers related to: • Identifying the best process to support low-income married couples with children under the age of 15 or couples with an expecting a child who will have access to marriage education; and • Defining the substantive content of marriage education services that will benefit low-income married couples and related support services more fully; and • Identifying practices that could be incorporated in the delivery of services for low-income married couples that would sustain their involvement in marriage education; • Articulating the ways the broad values of Social Services to develop a balanced systems of care in Weld County under a community based services integration process can be designed and implemented under the Weld County Marriage Education Project and subsequent marriage program 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 MDRC, evaluators of the Federal Marriage Education Demonstration Grant and Supporting Healthy Marriage Research Project, respectively. A. Reviewing and participating in the initial process designs of the Weld County Marriage Education Project with 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 and identifying specific places for augmentation to the design by October 31, 2006. B. Reviewing ongoing reports and outcomes of the initial process designs of the Weld County Marriage Education 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 and identifying specific places for augmentation to the design by December 31, 2006. C. Committing a FTE to the planning and development of the Weld County Marriage Education Project and subsequent design of the Federal Marriage Page 2 of 6 Contract No. PY06-WCMEP-Marrigae Education Education Demonstration Grant and the Supporting Healthy Marriage Research Project. D. Affirming the PREP marriage education curriculum to be used for the Weld County Marriage Education Project and the Federal Marriage Education Demonstration Grant or identifying a viable alternative by October 31, 2006. E. Implementing marriage education curriculum with related services to allow 40 couples to participate in marriage education classes prior to December 31, 2006, 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 for the purposes of retention and affirming of the skills taught. F. 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. G. Identifying outcomes that will be used in evaluating the success and promising practices of the Weld County Marriage Education Project and, subsequently, Federal Marriage Education Demonstration Grant by October 31, 2006 with the University of Northern Colorado, and revising such outcomes by December 3I, 2006, 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 expectation of the Weld County Marriage Education Project of Social Services, Family Educational Network of Weld County, Community Mediation, 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. H. Identifying outcomes that will be used in evaluating the success and promising practices of the Supporting Healthy Marriage Research Grant. These outcomes will require joint planning with Social Services, Family Educational Network, United Way of Weld County and other community partners by December 31, 2006, or sooner, as dictated by the funding source. Page 3 of 6 Contract No. PY06-WCMEP-Marrigae Education 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. J. 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. K. 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 by December 31, 2006. L. Actively participating in the resolution of problems and issues with Social Services during the planning and implementation of the Weld County Marriage Education Project as identified by Social Services and the planning team of Community Mediation, Family Educational Network of Weld County and United Way of Weld County. M. Finalizing amendments or development for a new Agreement with Social Services for the period of January 1, 2007 through June 30, 2007; which will include, at a minimum: 1) Written protocols to be used for the next phase of the Weld County Marriage Education, Project; and/or Federal Marriage Education Demonstration Grant and/or Supporting Healthy Marriage Research Project Federal. 2) Community Mediation budget for the period of January 1, 2007 through June 30,2007, as projected in Item 3, Compensation, as amended and according to available appropriations. 3. COMPENSATION: Social Services agrees to pay Community Mediation for professional and educational services pursuant to this Agreement a sum of$33,260 according to the budget as follows: Community Mediation Community; Community October 1, Mediation ! Mediation 2006- Jobbery 1D October 1, December 2007 2007 31,2006 June 30,', J0ne30, Purchase 2007 2007!. of services Projected Projected ;Budget Budget Budget Amount Period Period Page 4 of 6 Contract No. PY06-WCMEP-Marrigae Education Marriage Education ,, Manager $6,000 $21,540 , $27,540 Marriage Educator $3,000 $0 $3,000 Marriage Educator Coord $0 Workshop Facilitator $0 Coaches $500 $0 . ! $500 Mileage $2,000 $4,257 : $6,257 Office Supplies $450 $800 $1,350 Workshop Materials $90 $0 $90 Workshop Couples Materials $700 :r $0 $700 WOR Training/Meals $2,000 $0 $2,000 SHM Workshop/Meals $0 Marriage Educator Apprec. $0 Couples Childcare $1,800 Laptop Computers $8 800 ' $0 $8,800 Portable LCD Projectors $7,400 $0 $7,400 Carrying Case $320 $0 $320 Administration Overhead $2,000 $7,000 $9,000 Totals $33,260 $34,947 $68,207 A. Community Mediation 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 Social Services. Community Mediation shall submit all itemized monthly billings to Social Services 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. Social Services 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. Social Services may withhold any payment if Community Mediation 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 Director of Social Services. The decision of the Director of Social Services shall be final. E. All computer equipment will be owned by Community Mediation and will be maintained by Community Mediation. F. 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 Page 5 of 6 Contract No. PY06-WCMEP-Marrigae Education hereunder. 4. ASSURANCES: Community Mediation 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 Social Services 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 Social 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 Social Services and not a party to this Agreement. IN WITNESS WHEREOF,the 'arti;s hereto have signed the date and year set forth above. ,lN!`irkw:!? L • ATTEST: ,shh. ':OARD OF COUNTY COMMISSIONERS CLERK TO THE BOA' n++OF fit 9'"jl I1 WELD COUNTY,COLORADO, SITTING COUNTY COMMISSIONERS BEHALF BEHALF OF THE WELD COUNTY I �! PARTMENT O OCIAL SERVICES • t;, 1 BY: 4U i 9�rv�BY: aka, P '-``�� De u erk to Board M.J. Geile, Chair N0V 2 2 2006 APPROVED BY: COM ted,,TY MEDIA ON PROJECT, INC. Jud . Grie Director Craig Conrad, CEO Page 6 of 6 Contract No. PY06-WCMEP-Marriage Education EXHIBIT A ASSURANCES 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 Social 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, 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 Social Services and shall be maintained by Community Mediation, in a central location and custodian, Page I of 4 Contract No. PY06-WCMEP-Marriage Education in behalf of Social 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. 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 Social Services 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 Page 2 of 4 Contract No. PY06-WCMEP-Marriage Education 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 Social Services' 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(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 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 Page 3 of 4 Hello