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HomeMy WebLinkAbout20231826.tiffRESOLUTION RE: APPROVE GRANT AWARD CONTRACT FOR 2024-2026 TONY GRAMPSAS YOUTH SERVICES PROGRAM AND AUTHORIZE CHAIR PRO-TEM TO SIGN AND SUBMIT ELECTRONICALLY 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 Grant Award Contract for the 2024-2026 Tony Grampsas Youth Services 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 the Colorado Department of Human Services, commencing July1, 2023, and ending June 30, 2024, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Grant Award Contract for the 2024-2026 Tony Grampsas Youth Services 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 the Colorado Department of Human Services, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem be, and hereby is, authorized to electronically sign and submit said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of June, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: thaw%) ;oi Weld County Clerk to the Board County Attorney Date of signature: O1 RI I /23 EXCUSED Mike man, Chair Perry . Buc1 , Pro-Tem Sc tt K. James cc: HSO, ACT(GP/GD) 07 12o /23 2023-1826 HR0095 Con-fracf Ipthlz7 PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: June 20, 2023 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services RE: Colorado Department of Human Services (CDHS) Contract for the Tony Grampsas Youth Services (TGYS) Program Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval of the Colorado Department of Human Services (CDHS) Contract for the Tony Grampsas Youth Services (TGYS) Program. The Weld County Department of Human Services (WCDHS) submitted an application for funding for the Colorado Department of Human Services (CDHS) Tony Grampsas Youth Services (TYGS) Program to fund the salaries of the High -Fidelity Wraparound (HFW) team who work within the Family Resource Division. The HFW team works directly with children and families that are working with Child Welfare and Family Resource Divisions, who have complex behavioral/mental health needs and who are involved in multiple systems. On May 3, 2023, the Department was notified that funding was awarded and has issued a contract in the amount of $450,000.00 for the SFY 2024. The term date for this contract is July 1, 2023 to June 30, 2024. I do not recommend a Work Session. I recommend approval of this Contract and authorize the Chair to sign via DocuSign. Approve Recommendation Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine Schedule Work Session Other/Comments: Pass -Around Memorandum; June 20, 2023 - CMS ID 7127 CO/n Page 1 2023-1826 '.aoc n Karla Ford From: Sent: To: Subject: Approve Mike Freeman Tuesday, June 20, 2023 12:35 PM Karla Ford Re: Please Reply - PA FOR ROUTING: O62O23 FR Tony Grampsas (TGYS) Grant Contract (CMS 7127) Sent from my 'Phone On Jun 20, 2023, at 11:56 AM, Karla Ford <kford@weld.gov>wrote: Please advise if you approve recommendation. Thank you. Karla Ford Office Manager, Board of Weld County Commissioners 1150 O Street, 0.0. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford a)weldgov.corn :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** <image002. jpg> Confidentiality Notice: This electronic transrrission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Lesley Cobb <cobbxxlk@NAweld.gov> Sent: Tuesday, June 20, 2O23 11:48 AM To: Karla Ford <kford@weld.gov> Cc: Bruce Barker <bbarker@weld.gov>; Cheryl Pattelli <cpattelli@weld.gov>; Chris D'Ovidio <cdovidio@weld.gov>; Esther Gesick <egesick@weld.gov>; Lennie Bottorff <bottorll@weld.gov>; HS - Contract Management <HS-ContractManagement@co.weld.co.us> Subject: PA FOR ROUTING: 062023 FR Tony Grampsas (TGYS) Grant Contract (CMS 7127) Good morning Karla, Please see the attached PA approved for routing: 062023 FR Tony Grampsas (TGYS) Grant Contract (CMS 7127). Thank you! Lesley Cobb Contract Management and Comp lance Supervisor Weld Co-:i m°.y Dept. of Human Services 315 N. I i ifl Ave., Bldg A PO Box A Greeley, CO 8O632 Arit (970) 400-6512 1 v.4.09 *O COLORADO Financial Services pcpartn�n d Hwnan Servim STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES CONTRACT SIGNATURE AND COVER PAGES CMS #: 24 IHFA 183066 eClearance#: 2307862 State Agency Colorado Department of Human Services Office of Children, Youth & Families Division of Community Programs 1575 Sherman Street, 2nd Floor Denver, CO 80203 Contractor Weld County Department of Human Services 1150 O Street Greeley CO 80632 Contractor's State of Incorporation: Colorado Contract Maximum Amount Initial Term State Fiscal Year 2024 $450,000.00 Extension Terms None State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 Maximum Amount for All Fiscal Years $450,000.00 Contract Performance Beginning Date The later of the Effective Date or July 1, 2023 Initial Contract Expiration Date June 30, 2024 Except as stated in §2.D, the total duration of this Contract, including the exercise of any options to extend, shall not exceed Three Years from its Performance Beginning Date. Pricing/Funding Price Structure: Cost Reimbursement Contractor shall invoice: Monthly Fund Source: state general funds and cash funds Options The State shall have the following options if indicated with "Yes," as further described in §2.C and §5.B.v: Option to Extend Term per §2.C: Yes Option to Increase or Decrease Maximum Amount per §5.B.v: Yes Page 1 of 36 v.4.09 COLORADO Ftnanclal Servl«s ocann*kn a w��. se.,x� Insurance Miscellaneous Contractor shall maintain the following insurance if Authority to enter into this Contract exists in: C.R.S. 26.1 - indicated with "Yes," as further described in §10: 111. Law -Specified Vendor Statute (if any): 26-6.8-103 Worker's Compensation: Yes Procurement Method: Request for Proposals (RFP) General Liability: Yes Solicitation Number (if any): RFA - No Number Automobile Liability: Yes Protected Information: No Professional Liability Insurance: Yes Cyber/Net. Security -Privacy Liability Insurance: No Crime Insurance: No State Representative Contractor Representative Kristi Griffith, TGYS Administrator, Department of Mike Freeman, Chair, Board of County Human Services, 1575 Sherman Street, Denver, CO Commissioners, Weld County Department of Human 80203, 303-378-7767, kristi.griffith@state.co.us Services, 1150 O Street Greeley CO 80632, Ph# 970-400-4226, bocc- contracts@co.weld.co.us Exhibits The following Exhibits are attached and incorporated into this Contract: Exhibit A Statement of Work, Exhibit B Budget, Exhibit C Work Plan. Contract Purpose The purpose of this Contract is to provide grant funding to community -based organizations that serve children, youth, and their families with programs designed to prevent youth crime and violence, child abuse and neglect, youth alcohol, tobacco, marijuana and other drug use, and high school dropout as authorized by C.R.S. § 26-6.8-101 through 106. Eligible TGYS Grantees include local governments, schools, nonprofit organizations, state agencies, and institutions of higher education. TGYS Grantees serve children and youth ages 0-25, as well as parents, caregivers, mentors, and community members. Signature Page Begins On Next Page THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK Page 2 of 36 DocuSign Envelope ID: 00533B40-04A0-4C6E-B336-6FCF73FC0EE6 v.4.09 O COLORADO Financial Services THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT Each person signing this Contract represents and warrants that he or she is duly authorized to execute this Contract and to bind the Party authorizing his or her signature. CONTRACTOR Weld County Department of Human Services DocuSigned by: C b tigt STATE OF COLORADO Jared S. Polis, Governor Department of Human Services Michelle Barnes, Executive Director DiVv.04,- `�""z ( '_��►`DocuSigned by:1/�_„By: Mike Freeman, Chair, Board of CountyV�/^ Commissioners 6/29/2023 Date: 993F7592FF2C4B0... By: Minna Castillo -Cohen, Director, Office of Children, Youth & Families 6/29/2023 Date: 2nd State or Contractor Signature if Needed LEGAL REVIEW Philip J. Weiser, Attorney General By: By: Name & Title of Person Signing for Signatory Date: Assistant Attorney General Date: In accordance with §24-30-202 C.R.S., this Contract is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD lr-DocuSigned by: 70avt; i i+nrwaosr. By: �D2A�1DE8019C�10.. Andrea Eurich/Toni Williamson/Telly Belton 6/29/2023 Effective Date: -- Signature and Cover Pages End -- Page 3 of 36 020,16-/i,2-6 v.4.09 S COLORADO FYnenwt Sennees TABLE OF CONTENTS SIGNATURE AND COVER PAGES 1. PARTIES 4 2. TERM AND EFFECTIVE DATE .4 3. DEFINITIONS 6 4. STATEMENT OF WORK 10 5. PAYMENTS TO CONTRACTOR 10 6. REPORTING -NOTIFICATION 12 7. CONTRACTOR RECORDS 13 8. CONFIDENTIAL INFORMATION -STATE RECORDS 14 9. CONFLICTS OF INTEREST 16 10. INSURANCE 17 11. BREACH OF CONTRACT 19 12. REMEDIES 20 13. STATE'S RIGHT OF REMOVAL .22 14. DISPUTE RESOLUTION 22 15. NOTICES AND REPRESENTATIVES 23 16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION .23 17. STATEWIDE CONTRACT MANAGEMENT SYSTEM 25 18. GENERAL PROVISIONS 25 19. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) 30 20. DEPARTMENT OF HUMAN SERVICES PROVISIONS .33 21. SAMPLE OPTION LETTER (IF APPLICABLE) 36 1. PARTIES This Contract is entered into by and between Contractor named on the Signature and Cover Pages for this Contract (the "Contractor"), and the STATE OF COLORADO acting by and through the Department of Human Services (the "State" or "CDHS"). Contractor and the State agree to the terms and conditions in this Contract. 2. TERM AND EFFECTIVE DATE A. Effective Date This Contract shall not be valid or enforceable until the Effective Date. The State shall not be bound by any provision of this Contract before the Effective Date, and shall have no obligation to pay Contractor for any Work performed or expense incurred before the Effective Date or after the expiration or sooner termination of this Contract. B. Initial Term Page 4 of 36 v.4.09 AltCOLORADO Financial Services V� om„v,K,ndHw�xm.« ovfs3„ ar conracts a.,a Prrx:u,ennm The Parties' respective performances under this Contract shall commence on the Contract Performance Beginning Date shown on the Signature and Cover Pages for this Contract and shall terminate on the Initial Contract Expiration Date shown on the Signature and Cover Pages for this Contract (the "Initial Term") unless sooner terminated or further extended in accordance with the terms of this Contract. C. Extension Terms - State's Option If the Signature and Cover Pages for this Contract shows that the State has the Option to Extend Term, then the State, at its discretion, shall have the option to extend the performance under this Contract beyond the Initial Term for a period, or for successive periods, at the same rates and under the same terms specified in the Contract (each such period an "Extension Term"). In order to exercise this option, the State shall provide written notice to Contractor in a form substantially equivalent to §21 "Sample Option Letter." The State may include and incorporate a revised budget with the option letter, as long as the revised budget does not unilaterally change rates or terms specified in the Contract. Except as stated in §2.D, the total duration of this Contract, including the exercise of any options to extend, shall not exceed 5 years from its Performance Beginning Date, or the number of years specified on the Signature and Cover Pages if such number is less than 5 years, absent prior approval from the Chief Procurement Officer in accordance with the Colorado Procurement Code. D. End of Term Extension If this Contract approaches the end of its Initial Term, or any Extension Term then in place, the State, at its discretion, upon written notice to Contractor as provided in §15, may unilaterally extend such Initial Term or Extension Term for a period not to exceed 2 months (an "End of Term Extension" or "Holdover"), regardless of whether additional Extension Terms are available or not. Any such extension shall be under the same terms and conditions of the operative Contract including, but not limited to, prices, rates, and service delivery requirements. The provisions of this Contract in effect when such notice is given shall remain in effect during the End of Term Extension. The End of Term Extension shall automatically terminate upon execution of a replacement contract or modification extending the total term of the Contract. E. Early Termination in the Public Interest The State is entering into this Contract to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Contract ceases to further the public interest of the State, the State, in its discretion, may terminate this Contract in whole or in part. A determination that this Contract should be terminated in the public interest shall not be equivalent to a State right to terminate for convenience. This subsection shall not apply to a termination of this Contract by the State for Breach of Contract by Contractor, which shall be governed by §12.A.i. Page 5 of 36 v.4.09 SO COLORADO Financial Services OCW.enxfit al Hlman SfM'es i. Method and Content The State shall notify Contractor of such termination in accordance with §15. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Contract, and shall include, to the extent practicable, the public interest justification for the termination. ii. Obligations and Rights Upon receipt of a termination notice for termination in the public interest, Contractor shall be subject to the rights and obligations set forth in §12.A.i.a. iii. Payments If the State terminates this Contract in the public interest, the State shall pay Contractor an amount equal to the percentage of the total reimbursement payable under this Contract that corresponds to the percentage of Work satisfactorily completed and accepted, as determined by the State, less payments previously made. Additionally, if this Contract is less than 60% completed, as determined by the State, the State may reimburse Contractor for a portion of actual out-of-pocket expenses, not otherwise reimbursed under this Contract, incurred by Contractor which are directly attributable to the uncompleted portion of Contractor's obligations, provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Contractor hereunder. 3. DEFINITIONS The following terms shall be construed and interpreted as follows: A. "Breach of Contract" means the failure of a Party to perform any of its obligations in accordance with this Contract, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Contractor is debarred or suspended under §24-109- 105, C.R.S. at any time during the term of this Contract, then such debarment or suspension shall constitute a breach. B. "Business Day" means any day in which the State is open and conducting business, but shall not include Saturday, Sunday or any day on which the State observes one of the holidays as listed in §24-11-101(1) C.R.S. Page 6 of 36 v.4.09 eCOLORADO Financial Seivicea Rwmncrn rA Hu*fan Scrnri C. "Chief Procurement Officer" means the individual to whom the Executive Director has delegated his or her authority pursuant to §24-102-202, C.R.S. to procure or supervise the procurement of all supplies and services needed by the state. D. "CJI" means criminal justice information collected by criminal justice agencies needed for the performance of their authorized functions, including, without limitation, all information defined as criminal justice information by the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security Policy, as amended and all Criminal Justice Records as defined under 24-72-302 C.R.S. E. "Contract" means this agreement, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto. For purposes of clarification and the removal of any doubt, subject to any future modifications thereto, the Signature and Cover Pages and Sections 1 through 21, as identified in the Table of Contents herein above, shall constitute the "main body" of this Contract exclusively. F. "Contract Funds" means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Contract. G. "CORA" means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S. H. "Deliverable" means the outcome to be achieved or output to be provided, in the form of a tangible object or software that is produced as a result of Contractor's Work that is intended to be delivered to the State by the Contractor. I. "Effective Date" means the date on which this Contract is approved and signed by the Colorado State Controller or designee, as shown on the Signature Page for this Contract. If this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then Effective Date of this Contract shall be the later of the date on which this Contract is approved and signed by the State's Chief Information Officer or authorized delegate or the date on which this Contract is approved and signed by the State Controller or authorized delegate, as shown on the Signature and Cover Page for this Contract. J. "End of Term Extension" means the time period defined in §2.D. K. "Exhibits" means the exhibits and attachments included with this Contract as shown on the Signature and Cover Pages for this Contract.. L. "Extension Term" means the time period defined in §2.C. M. "Goods" means any movable material acquired, produced, or delivered by Contractor as set forth in this Contract and shall include any movable material acquired, produced, or delivered by Contractor in connection with the Services. Page 7 of 36 v.4.09 'COLORADO Finandri svws CemMrnw N Hun�nn Srrwrr� N. "Incident" means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or information resources of the State, which are included as part of the Work, as described in §§24-37.5-401, et. seq., C.R.S. Incidents include, without limitation, (i) successful attempts to gain unauthorized access to a State system or State Records regardless of where such information is located; (ii) unwanted disruption or denial of service; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv) changes to State system hardware, firmware, or software characteristics without the State's knowledge, instruction, or consent. O. "Initial Term" means the time period defined in §2.B. P. "Party" means the State or Contractor, and "Parties" means both the State and Contractor. Q. "PCI" means payment card information including any data related to credit card holders' names, credit card numbers, or other credit card information as may be protected by state or federal law. R. "PHI" means any individually identifiable health information, transmitted or maintained in electronic or any form or medium, including but not limited to demographic information„ (i) that relates to the past, present or future physical or mental condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual; and (ii) that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. PHI includes, but is not limited to, any information defined as Individually Identifiable Health Information by the federal Health Insurance Portability and Accountability Act. S.. "PII" means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual's identity, such as name, social security number, date and place of birth, mother's maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. PII includes, but is not limited to, all information defined as personally identifiable information in §24-72-501 and 24-73-101, C.R.S. "PII" shall also mean "personal identifying information" as set forth in § 24-74-102, et. Seq., C.R.S. T. "Services" means the services to be performed by Contractor as set forth in this Contract, and shall include any services to be rendered by Contractor in connection with the Goods. Page 8 of 36 v.4.09 SO COLORADO Finandal Setvlces LY`WrtmeM U Htcmm Ser`xc. U. "State Confidential Information" means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to, PII, PHI, PCI, Tax Information, CJI, Educational Records, Substance Use Disorder Information, and State personnel records not subject to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Contractor which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Contractor without restrictions at the time of its disclosure to Contractor; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Contractor to the State; (iv) is disclosed to Contractor, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information. V. "State Fiscal Rules" means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a), C.R.S. W. "State Fiscal Year" means a 12 month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. X. "State Records" means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. Y. "Subcontractor" means any third -parties engaged by Contractor to aid in performance of the Work. Z. "Tax Information" means federal and State of Colorado tax information including, without limitation, federal and State tax returns, return information, and such other tax -related information as may be protected by federal and State law and regulation. Tax Information includes, but is not limited to all information defined as federal tax information in Internal Revenue Service Publication 1075. AA. "Work" means the Goods delivered and Services performed pursuant to this Contract. BB. "Work Product" means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work. "Work Product" does not include any material that was developed prior to the Effective Date that is used, without modification, in the performance of the Work. Page 9 of 36 v.4.09 moan, COLORADO trn,�au seml«e VfILfK a H��npn Scrvices Any other term used in this Contract that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 4. STATEMENT OF WORK Contractor shall complete the Work as described in this Contract and in accordance with the provisions of the Exhibits. The State shall have no liability to compensate Contractor for the delivery of any goods or the performance of any services that are not specifically set forth in this Contract. 5. PAYMENTS TO CONTRACTOR A. Maximum Amount Payments to Contractor are limited to the unpaid, obligated balance of the Contract Funds. The State shall not pay Contractor any amount under this Contract that exceeds the Contract Maximum for that term shown on the Signature and Cover Pages for this Contract. B. Payment Procedures i. Invoices and Payment a. The State shall pay Contractor in the amounts and in accordance with the Exhibits. b. Contractor shall initiate payment requests by invoice to the State, in a form and manner approved by the State. Invoicing is a material component of Contract performance and corresponding Deliverables. Invoices shall be due to the State within 45 days of work performed by the Contractor, unless otherwise stated in the Exhibits hereto. Invoicing shall be done accurately and per any specifications set forth in the Exhibits hereto. Time is of the essence in this regard. If Contractor fails to timely and/or properly invoice the State, the State may not be obligated to pay the bill resulting from said invoice. Failure to timely and/or properly invoice the State is a material breach of this Contract which would be cause for the State to refuse payment and/or terminate the contract on these grounds in whole or in part, at the State's discretion. c. The State shall pay each invoice within 45 days following the State's receipt of that invoice, so long as the amount invoiced correctly represents Work completed by Contractor and previously accepted by the State during the term that the invoice covers. If the State determines that the amount of any invoice is not correct, then Contractor shall make all changes necessary to correct that invoice. d. The acceptance of an invoice shall not constitute acceptance of any Work performed or deliverables provided under the Contract. Page 10 of 36 v.4.09 COLORADO a ea, fWndal Services cctwtmm� a Heman 4rrm D�vn�on of Ccr[iects and V,�xwrnuw•[ ii. Interest Amounts not paid by the State within 45 days of the State's acceptance of the invoice shall bear interest on the unpaid balance beginning on the 45th day at the rate of 1% per month, as required by §24-30-202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts that the State disputes in writing. Contractor shall invoice the State separately for accrued interest on delinquent amounts, and the invoice shall reference the delinquent payment, the number of day's interest to be paid and the interest rate. iii. Payment Disputes If Contractor disputes any calculation, determination or amount of any payment, Contractor shall notify the State in writing of its dispute within 30 days following the earlier to occur of Contractor's receipt of the payment or notification of the determination or calculation of the payment by the State. The State will review the information presented by Contractor and may make changes to its determination based on this review. The calculation, determination or payment amount that results from the State's review shall not be subject to additional dispute under this subsection. No payment subject to a dispute under this subsection shall be due until after the State has concluded its review, and the State shall not pay any interest on any amount during the period it is subject to dispute under this subsection. iv. Available Funds -Contingency -Termination The State is prohibited by law from making commitments beyond the term of the current State Fiscal Year. Payment to Contractor beyond the current State Fiscal Year is contingent on the appropriation and continuing availability of Contract Funds in any subsequent year (as provided in the Colorado Special Provisions). If federal funds or funds from any other non -State funds constitute all or some of the Contract Funds the State's obligation to pay Contractor shall be contingent upon such non -State funding continuing to be made available for payment. Payments to be made pursuant to this Contract shall be made only from Contract Funds, and the State's liability for such payments shall be limited to the amount remaining of such Contract Funds. If State, federal or other funds are not appropriated, or otherwise become unavailable to fund this Contract, the State may, upon written notice, terminate this Contract, in whole or in part, without incurring further liability. The State shall, however, remain obligated to pay for Services and Goods that are delivered and accepted prior to the effective date of notice of termination, and this termination shall otherwise be treated as if this Contract were terminated in the public interest as described in §2.E. v. Option to Increase Maximum Amount Page 11 of 36 v.4.09 O COLORADO Fin.eeial Sentees If the Signature and Cover Pages for this Contract show that the State has the Option to Increase or Decrease Maximum Amount, then the State, at its discretion, shall have the option to increase or decrease the statewide quantity of Goods and Services based upon the rates established in this Contract, and increase or decrease the maximum amount payable accordingly. In order to exercise this option, the State shall provide written notice to Contractor in a form substantially equivalent to §21 "Sample Option Letter." Delivery of Goods and performance of Services shall continue at the same rates and terms as described in this Contract. The State may include and incorporate a revised budget with the option letter, as long as the revised budget does not unilaterally change rates or terms specified in the Contract. 6. REPORTING - NOTIFICATION A. Quarterly Reports. In addition to any reports required pursuant to §17 or pursuant to any other Exhibit, for any contract having a term longer than three months, Contractor shall submit, on a quarterly basis, a written report specifying progress made for each specified performance measure and standard in this Contract. Such progress report shall be in accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted to the State at the time or times specified by the State in this Contract, or, if no time is specified in this Contract, not later than five Business Days following the end of each calendar quarter. B. Litigation Reporting If Contractor is served with a pleading or other document in connection with an action before a court or other administrative decision making body, and such pleading or document relates to this Contract or may affect Contractor's ability to perform its obligations under this Contract, Contractor shall, within 5 days after being served, notify the State of such action and deliver copies of such pleading or document to the State's principal representative identified on the Signature and Cover Pages for this Contract. C. Performance Outside the State of Colorado or the United States, §24-102-206 C.R.S. To the extent not previously disclosed in accordance with §24-102-206, C.R.S., Contractor shall provide written notice to the State, in accordance with §15 and in a form designated by the State, within 20 days following the earlier to occur of Contractor's decision to perform Services outside of the State of Colorado or the United States, or its execution of an agreement with a Subcontractor to perform, Services outside the State of Colorado or the United States. Such notice shall specify the type of Services to be performed outside the State of Colorado or the United States and the reason why it is necessary or advantageous to perform Page 12 of 36 v.4.09 OCOLORADO flnendal Serv1«a Z:77 - such Services at such location or locations, and such notice shall be a public record. Knowing failure by Contractor to provide notice to the State under this section shall constitute a Breach of Contract. This section shall not apply if the Contract Funds include any federal funds. 7. CONTRACTOR RECORDS A. Maintenance Contractor shall maintain a file of all documents, records, communications, notes and other materials relating to the Work (the "Contractor Records"). Contractor Records shall include all documents, records, communications, notes and other materials maintained by Contractor that relate to any Work performed by Subcontractors, and Contractor shall maintain all records related to the Work performed by Subcontractors required to ensure proper performance of that Work. Contractor shall maintain Contractor Records until the last to occur of: (i) the date three years after the date this Contract expires or is terminated, (ii) final payment under this Contract is made, (iii) the resolution of any pending Contract matters, or (iv) if an audit is occurring, or Contractor has received notice that an audit is pending, the date such audit is completed and its findings have been resolved (the "Record Retention Period"). B. Inspection Contractor shall permit the State, the federal government, and any duly authorized agent of a governmental entity, to audit, inspect, examine, excerpt, copy and transcribe Contractor Records during the Record Retention Period. Contractor shall make Contractor Records available during normal business hours at Contractor's office or place of business, or at other mutually agreed upon times or locations, upon no fewer than two Business Days' notice from the State, unless the State determines that a shorter period of notice, or no notice, is necessary to protect the interests of the State. C. Monitoring The State, the federal government, and any other duly authorized agent of a governmental agency, in its discretion, may monitor Contractor's performance of its obligations under this Contract using procedures as determined by the State. The State shall monitor Contractor's performance in a manner that does not unduly interfere with Contractor's performance of the Work. D. Final Audit Report Contractor shall promptly submit to the State a copy of any final audit report of an audit performed on Contractor's records that relates to or affects this Contract or the Work, whether the audit is conducted by Contractor or a third party. 8. CONFIDENTIAL INFORMATION -STATE RECORDS Page 13 of 36 v.4.09 a• COLORADO Ftnandal 5eNiees I p��.imnn d Hvrun �rv.x A. Confidentiality Contractor shall keep confidential, and cause all Subcontractors to keep confidential, all State Records, unless those State Records are publicly available. Contractor shall not, without prior written approval of the State, use, publish, copy, disclose to any third party, or permit the use by any third party of any State Records, except as otherwise stated in this Contract, permitted by law or approved in writing by the State. Contractor shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable laws, rules, policies, publications, and guidelines. If Contractor or any of its Subcontractors will or may receive the following types of data, Contractor or its Subcontractors shall provide for the security of such data according to the following: (i) the most recently promulgated IRS Publication 1075 for all Tax Information and in accordance with the Safeguarding Requirements for Federal Tax Information attached to this Contract as an Exhibit, if applicable, (ii) the most recently updated PCI Data Security Standard from the PCI Security Standards Council for all PCI, (iii) the most recently issued version of the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security Policy for all CJI, and (iv) the federal Health Insurance Portability and Accountability Act for all PHI and the HIPAA Business Associate Agreement attached to this Contract, if applicable. Contractor shall immediately forward any request or demand for State Records to the State's Principal Representative. B. Other Entity Access and Nondisclosure Agreements Contractor may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Contract. Contractor shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing nondisclosure provisions at least as protective as those in this Contract, and that the nondisclosure provisions are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Contractor shall provide copies of those signed nondisclosure provisions to the State upon execution of the nondisclosure provisions if requested by the State. C. Use, Security, and Retention Contractor shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations only in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information. Contractor shall provide the State with access, subject to Contractor's reasonable security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Contract, Contractor shall return State Records provided to Contractor or Page 14 of 36 v.4.09 O,COLORADO Fina Servf�ec destroy such State Records and certify to the State that it has done so, as directed by the State. If Contractor is prevented by law or regulation from returning or destroying State Confidential Information, Contractor warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Contractor becomes aware of any Incident, Contractor shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Contractor can establish that Contractor and its Subcontractors are not the cause or source of the Incident, Contractor shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Contractor shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State, at no additional cost to the State. The State may adjust or direct modifications to this plan in its sole discretion, and Contractor shall make all modifications as directed by the State. If Contractor cannot produce its analysis and plan within the allotted time, the State, in its discretion, may perform such analysis and produce a remediation plan, and Contractor shall reimburse the State for the actual costs thereof. The State may, in its sole discretion and at Contractor's sole expense, require Contractor to engage the services of an independent, qualified, State -approved third party to conduct a security audit. Contractor shall provide the State with the results of such audit and evidence of Contractor's planned remediation in response to any negative findings. E. Data Protection and Handling Contractor shall ensure that all State Records and Work Product in the possession of Contractor or any Subcontractors are protected and handled in accordance with the requirements of this Contract, including the requirements of any Exhibits hereto, at all times. F. Safeguarding PII IF CONTRACTOR OR ANY OF ITS SUBCONTRACTORS WILL OR MAY RECEIVE PII UNDER THIS CONTRACT, CONTRACTOR SHALL PROVIDE FOR THE SECURITY OF SUCH PII, IN A MANNER AND FORM ACCEPTABLE TO THE STATE, INCLUDING, WITHOUT LIMITATION, STATE NON -DISCLOSURE REQUIREMENTS, USE OF APPROPRIATE TECHNOLOGY, SECURITY PRACTICES, COMPUTER ACCESS SECURITY, DATA ACCESS SECURITY, DATA STORAGE ENCRYPTION, DATA TRANSMISSION ENCRYPTION, SECURITY INSPECTIONS, AND AUDITS. CONTRACTOR SHALL BE A "THIRD -PARTY SERVICE PROVIDER" AS DEFINED IN §24-73-103(1)(I), C.R.S. AND SHALL MAINTAIN SECURITY PROCEDURES AND PRACTICES CONSISTENT WITH §§24-73-101 ET SEQ., C.R.S. IN ADDITION, AS SET FORTH IN § 24-74-102, ET. SEQ., C.R.S., CONTRACTOR, INCLUDING, BUT NOT Page 15 of 36 v.4.09 Aliteb(LOR COADO FinenL o itvlces LIMITED TO, CONTRACTOR'S EMPLOYEES, AGENTS AND SUBCONTRACTORS, AGREES NOT TO SHARE ANY PII WITH ANY THIRD PARTIES FOR THE PURPOSE OF INVESTIGATING FOR, PARTICIPATING IN, COOPERATING WITH, OR ASSISTING WITH FEDERAL IMMIGRATION ENFORCEMENT. IF CONTRACTOR IS GIVEN DIRECT ACCESS TO ANY STATE DATABASES CONTAINING PII, CONTRACTOR SHALL EXECUTE, ON BEHALF OF ITSELF AND ITS EMPLOYEES, THE CERTIFICATION DESCRIBED IN SECTION 21 BELOW ON AN ANNUAL BASIS CONTRACTOR'S DUTY AND OBLIGATION TO CERTIFY AS SET FORTH IN SECTION 21 BELOW SHALL CONTINUE AS LONG AS CONTRACTOR HAS DIRECT ACCESS TO ANY STATE DATABASES CONTAINING PII. IF CONTRACTOR USES ANY SUBCONTRACTORS TO PERFORM SERVICES REQUIRING DIRECT ACCESS TO STATE DATABASES CONTAINING PII, THE CONTRACTOR SHALL REQUIRE SUCH SUBCONTRACTORS TO EXECUTE AND DELIVER THE CERTIFICATION TO THE STATE ON AN ANNUAL BASIS, SO LONG AS THE SUBCONTRACTOR HAS ACCESS TO STATE DATABASES CONTAINING PII. 9. CONFLICTS OF INTEREST A. Actual Conflicts of Interest Contractor shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Contractor under this Contract. Such a conflict of interest would arise when a Contractor or Subcontractor's employee, officer or agent were to offer or provide any tangible personal benefit to an employee of the State, or any member of his or her immediate family or his or her partner, related to the award of, entry into or management or oversight of Contract. B. Apparent Conflicts of Interest Contractor acknowledges that, with respect to this Contract, even the appearance of a conflict of interest shall be harmful to the State's interests. Absent the State's prior written approval, Contractor shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Contractor's obligations under this Contract. C. Disclosure to the State If a conflict or the appearance of a conflict arises, or if Contractor is uncertain whether a conflict or the appearance of a conflict has arisen, Contractor shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the actual or apparent conflict constitutes a breach of this Contract. Page 16 of 36 v.4.09 aft Ink COLORADO Finandsi Servkes l d H�.m.,,, �o- DvlZon of Centt aCti and Pr!.crer7e^.2 D. Contractor acknowledges that all State employees are subject to the ethical principles described in §24-18-105, C.R.S. Contractor further acknowledges that State employees may be subject to the requirements of §24-18-105, C.R.S. with regard to this Contract. 10. INSURANCE Contractor shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as specified in this section at all times during the term of this Contract to the extent that such insurance policies are required as shown on the Signature and Cover Page for this Contract. All insurance policies required by this Contract shall be issued by insurance companies as approved by the State. These insurance requirements shall not be construed as caps or limitations on liability. A. Workers' Compensation Workers' compensation insurance as required by state statute, and employers' liability insurance covering all Contractor or Subcontractor employees acting within the course and scope of their employment. B. General Liability Commercial general liability insurance covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: i. $1,000,000 each occurrence; ii. $1,000,000 general aggregate; iii. $1,000,000 products and completed operations aggregate; and iv. $50,000 any one fire. C. Automobile Liability Automobile liability insurance covering any auto (including owned, hired and non -owned autos) with a minimum limit of $1,000,000 each accident combined single limit. D. Protected Information Liability insurance covering all civil, regulatory, and statutory damages, contractual damages, data breach management exposure, and all loss income or extra expense as a result of actual or alleged breach, violation or infringement of a right to privacy, consumer data protection law, Page 17 of 36 v.4.09 COLORADO Ftnenclsl Sexvlcp aro�,�mem d w.nu� xrvrx confidentiality or other legal protection for personal information as well as State Confidential Information with minimum limits as follows: i. $1,000,000 each occurrence; and ii. $2,000,000 general aggregate. iii. Notwithstanding sections D(i) and (ii) above, if Contractor has State Confidential Information for 10 or fewer individuals or revenues of $250,000 or less, Contractor shall maintain limits of not less than $50,000. iv. Notwithstanding sections D(i) and (ii) above, if Contractor has State Confidential Information for 25 or fewer individuals or revenues of $500,000 or less, Contractor shall maintain limits of not less than $100,000. E. Professional Liability Insurance Professional liability insurance covering any damages caused by an error, omission or any negligent act with minimum limits as follows: i. $1,000,000 each occurrence; and ii. $1,000,000 general aggregate. F. Crime Insurance Crime insurance including employee dishonesty coverage with minimum limits as follows: i. $1,000,000 each occurrence; and ii. $1,000,000 general aggregate. G. Cyber/Network Security and Privacy Liability Liability insurance covering civil, regulatory, and statutory damages, contractual damages, data breach management exposure, and any loss of income or extra expense as a result of actual or alleged breach, violation or infringement of right to privacy, consumer data protection law, confidentiality or other legal protection for personal information, as well as State Confidential Information with minimum limits as follows: i. $1,000,000 each occurrence; and ii. $2,000,000 general aggregate. Page 18 of 36 v.4.09 4) COLORADO Financial Services pr:is,a� of tc�,rraccs and Vicv.ure^:e:,c H. Additional Insured The State shall be named as additional insured on all commercial general liability policies (leases and construction contracts require additional insured coverage for completed operations) required of Contractor and Subcontractors. I. Primacy of Coverage Coverage required of Contractor and each Subcontractor shall be primary and noncontributory over any insurance or self-insurance program carried by Contractor or the State. J. Cancellation The above insurance policies shall include provisions preventing cancellation or non - renewal, except for cancellation based on non-payment of premiums, without at least 30 days prior notice to Contractor and Contractor shall forward such notice to the State in accordance with §15 within seven days of Contractor's receipt of such notice. K. Subrogation Waiver All insurance policies secured or maintained by Contractor or its Subcontractors in relation to this Contract shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise against Contractor or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. L. Public Entities If Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §§24-10-101, et seq., C.R.S. (the "GIA"), Contractor shall maintain, in lieu of the liability insurance requirements stated above, at all times during the term of this Contract such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within the meaning of the GIA, Contractor shall ensure that the Subcontractor maintains at all times during the terms of this Contract, in lieu of the liability insurance requirements stated above, such liability insurance, by commercial policy or self-insurance, as is necessary to meet the Subcontractor's obligations under the GIA. M. Certificates Contractor shall provide to the State certificates evidencing Contractor's insurance coverage required in this Contract within seven Business Days following the Effective Date. Contractor shall provide to the State certificates evidencing Subcontractor insurance coverage required under this Contract within seven Business Days following the Effective Date, except that, if Contractor's subcontract is not in effect as of the Effective Date, Contractor shall provide to the State certificates showing Subcontractor insurance coverage required under this Contract within seven Business Days following Contractor's execution of the subcontract. No later than Page 19 of 36 v.4.09 ise COLORADO Financial Services 15 days before the expiration date of Contractor's or any Subcontractor's coverage, Contractor shall deliver to the State certificates of insurance evidencing renewals of coverage. At any other time during the term of this Contract, upon request by the State, Contractor shall, within seven Business Days following the request by the State, supply to the State evidence satisfactory to the State of compliance with the provisions of this section. 11. BREACH OF CONTRACT In the event of a Breach of Contract, the aggrieved Party shall give written notice of breach to the other Party. If the notified Party does not cure the Breach of Contract, at its sole expense, within 30 days after the delivery of written notice, the Party may exercise any of the remedies as described in §12 for that Party. Notwithstanding any provision of this Contract to the contrary, the State, in its discretion, need not provide notice or a cure period and may immediately terminate this Contract in whole or in part or institute any other remedy in the Contract in order to protect the public interest of the State; or if Contractor is debarred or suspended under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or cure period and may terminate this Contract in whole or in part or institute any other remedy in this Contract as of the date that the debarment or suspension takes effect. 12. REMEDIES A. State's Remedies If Contractor is in breach under any provision of this Contract and fails to cure such breach, the State, following the notice and cure period set forth in §11, shall have all of the remedies listed in this section in addition to all other remedies set forth in this Contract or at law. The State may exercise any or all of the remedies available to it, in its discretion, concurrently or consecutively. i. Termination for Breach of Contract In the event of Contractor's uncured breach, the State may terminate this entire Contract or any part of this Contract. Contractor shall continue performance of this Contract to the extent not terminated, if any. a. Obligations and Rights To the extent specified in any termination notice, Contractor shall not incur further obligations or render further performance past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties. However, Contractor shall complete and deliver to the State all Work not cancelled by the termination notice, and may incur obligations as necessary to do so within this Contract's terms. At the request of the State, Contractor shall assign to the State all of Contractor's rights, title, and interest in and to such terminated orders or subcontracts. Upon termination, Contractor shall take timely, reasonable Page 20 of 36 v.4.09 /A ICOLORA0O F rt.d.0 sum orw� or Fx..*un �M i7��is�on or Ccntratts and necessary action to protect and preserve property in the possession of Contractor but in which the State has an interest. At the State's request, Contractor shall return materials owned by the State in Contractor's possession at the time of any termination. Contractor shall deliver all completed Work Product and all Work Product that was in the process of completion to the State at the State's request. b. Payments Notwithstanding anything to the contrary, the State shall only pay Contractor for accepted Work received as of the date of termination. If, after termination by the State, the State agrees that Contractor was not in breach or that Contractor's action or inaction was excusable, such termination shall be treated as a termination in the public interest, and the rights and obligations of the Parties shall be as if this Contract had been terminated in the public interest under §2.E. c. Damages and Withholding Notwithstanding any other remedial action by the State, Contractor shall remain liable to the State for any damages sustained by the State in connection with any breach by Contractor, and the State may withhold payment to Contractor for the purpose of mitigating the State's damages until such time as the exact amount of damages due to the State from Contractor is determined. The State may withhold any amount that may be due Contractor as the State deems necessary to protect the State against loss including, without limitation, loss as a result of outstanding liens and excess costs incurred by the State in procuring from third parties replacement Work as cover. ii. Remedies Not Involving Termination The State, in its discretion, may exercise one or more of the following additional remedies: a. Suspend Performance Suspend Contractor's performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Contractor to an adjustment in price or cost or an adjustment in the performance schedule. Contractor shall promptly cease performing Work and incurring costs in accordance with the State's directive, and the State shall not be liable for costs incurred by Contractor after the suspension of performance. b. Withhold Payment Withhold payment to Contractor until Contractor corrects its Work. Page 21 of 36 v.4.09 get Flnandal SeMas _may+�.m.,.: s�.nce c. Deny Payment Deny payment for Work not performed, or that due to Contractor's actions or inactions, cannot be performed or if they were performed are reasonably of no value to the state; provided, that any denial of payment shall be equal to the value of the obligations not performed. d. Intellectual Property If any Work infringes, or if the State in its sole discretion determines that any Work is likely to infringe, a patent, copyright, trademark, trade secret or other intellectual property right, Contractor shall, as approved by the State, (i) secure that right to use such Work for the State and Contractor; (ii) replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing; or, (iii) remove any infringing Work and refund the amount paid for such Work to the State. B. Contractor's Remedies If the State is in breach of any provision of this Contract and does not cure such breach, Contractor, following the notice and cure period in §11 and the dispute resolution process in §14, shall have all remedies available at law and equity. 13. STATE'S RIGHT OF REMOVAL The State retains the right to demand, at any time, regardless of whether Contractor is in breach, the immediate removal of any of Contractor's employees, agents, or subcontractors from the work whom the State, in its sole discretion, deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this Contract is deemed by the State to be contrary to the public interest or the State's best interest. 14. DISPUTE RESOLUTION A. Initial Resolution Except as herein specifically provided otherwise, disputes concerning the performance of this Contract which cannot be resolved by the designated Contract representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager designated by Contractor for resolution. B. Resolution of Controversies If the initial resolution described in §14.A fails to resolve the dispute within 10 Business Days, Contractor shall submit any alleged breach of this Contract by the State to the Procurement Official of CDHS as described in §24-102-202(3), C.R.S. for resolution in accordance with the provisions of §24-106-109, C.R.S., and §§24-109-101.1 through 24-109-505, C.R.S., (the "Resolution Statutes"), except that if Contractor wishes to challenge any decision rendered by Page 22 of 36 v.4.09 imi4DooLoRADo Fine "Services Oepaemcerrc olHw+wn Semc. DivIYiM� Of �A?YCt3,C25 2ti4i the Procurement Official, Contractor's challenge shall be an appeal to the Executive Director of the Department of Personnel and Administration, or their delegate, under the Resolution Statutes before Contractor pursues any further action as permitted by such statutes. Except as otherwise stated in this Section, all requirements of the Resolution Statutes shall apply including, without limitation, time limitations. 15. NOTICES AND REPRESENTATIVES Each individual identified on the Signature and Cover Pages shall be the principal representative of the designating Party. All notices required or permitted to be given under this Contract shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or registered mail to such Party's principal representative at the address set forth on the Signature and Cover Pages for this Contract or (C) as an email with read receipt requested to the principal representative at the email address, if any, set forth on the Signature and Cover Pages for this Contract. If a Party delivers a notice to another through email and the email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Party delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to such Party's principal representative at the address set forth below. Either Party may change its principal representative or principal representative contact information by notice submitted in accordance with this section without a formal amendment to this Contract. Unless otherwise provided in this Contract, notices shall be effective upon delivery of the written notice. 16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION A. Work Product i. Copyrights To the extent that the Work Product (or any portion of the Work Product) would not be considered works made for hire under applicable law, Contractor hereby assigns to the State, the entire right, title, and interest in and to copyrights in all Work Product and all works based upon, derived from, or incorporating the Work Product; all copyright applications, registrations, extensions, or renewals relating to all Work Product and all works based upon, derived from, or incorporating the Work Product; and all moral rights or similar rights with respect to the Work Product throughout the world. To the extent that Contractor cannot make any of the assignments required by this section, Contractor hereby grants to the State a perpetual, irrevocable, royalty - free license to use, modify, copy, publish, display, perform, transfer, distribute, sell, and create derivative works of the Work Product and all works based upon, derived from, or incorporating the Work Product by all means and methods and in any format now known or invented in the future. The State may assign and license its rights under this license. Page 23 of 36 v.4.09 iso coLoRaco tv>�,aw s� p..�ttrt�sv of Htmwn S¢rv',u: �IV15!1>n 0� (�itatL$ Bt+CI ii. Patents In addition, Contractor grants to the State (and to recipients of Work Product distributed by or on behalf of the State) a perpetual, worldwide, no -charge, royalty -free, irrevocable patent license to make, have made, use, distribute, sell, offer for sale, import, transfer, and otherwise utilize, operate, modify and propagate the contents of the Work Product. Such license applies only to those patent claims licensable by Contractor that are necessarily infringed by the Work Product alone, or by the combination of the Work Product with anything else used by the State. iii. Assignments and Assistance Whether or not Contractor is under contract with the State at the time, Contractor shall execute applications, assignments, and other documents, and shall render all other reasonable assistance requested by the State, to enable the State to secure patents, copyrights, licenses and other intellectual property rights related to the Work Product. To the extent that Work Product would fall under the definition of "works made for hire" under 17 U.S.C.S. §101, the Parties intend the Work Product to be a work made for hire. Contractor assigns to the State and its successors and assigns, the entire right, title, and interest in and to all causes of action, either in law or in equity, for past, present, or future infringement of intellectual property rights related to the Work Product and all works based on, derived from, or incorporating the Work Product. B. Exclusive Property of the State Except to the extent specifically provided elsewhere in this Contract, all State Records, documents, text, software, (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and information provided by or on behalf of the State to Contractor are the exclusive property of the State (collectively, "State Materials"). Contractor shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of Contractor's obligations in this Contract without the prior written consent of the State. Upon termination of this Contract for any reason, Contractor shall provide all Work Product and State Materials to the State in a form and manner as directed by the State. C. Exclusive Property of Contractor Contractor retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or licensed to Contractor including, but not limited to, all pre-existing software, licensed products, associated source code, machine code, text images, audio and/or video, and third -party materials, delivered by Contractor under the Contract, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively, "Contractor Property"). Contractor Property shall be licensed to the State as set forth in this Contract or a State approved license agreement: (i) entered into as exhibits to this Contract; (ii) obtained by the State from the Page 24 of 36 v.4.09 S COLORADO Financial Services ocricc vawr mnn Sc.va applicable third -party vendor; or (iii) in the case of open source software, the license terms set forth in the applicable open source license agreement. 17. STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to Contractor under this Contract is $100,000 or greater, either on the Effective Date or at any time thereafter, this section shall apply. Contractor agrees to be governed by and comply with the provisions of §§24-106-103, 24-102-206, 24-106-106, and 24-106-107, C.R.S. regarding the monitoring of vendor performance and the reporting of contract performance information in the State's contract management system ("Contract Management System" or "CMS"). Contractor's performance shall be subject to evaluation and review in accordance with the terms and conditions of this Contract, Colorado statutes governing CMS, and State Fiscal Rules and State Controller Policies. 18. GENERAL PROVISIONS A. Assignment Contractor's rights and obligations under this Contract are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Contractor's rights and obligations approved by the State shall be subject to the provisions of this Contract B. Subcontracts Unless other restrictions are required elsewhere in this Contract, Contractor shall not enter into any subcontract in connection with its obligations under this Contract without providing notice to the State. The State may reject any such subcontract, and Contractor shall terminate any subcontract that is rejected by the State and shall not allow any Subcontractor to perform any Work after that Subcontractor's subcontract has been rejected by the State. Contractor shall submit to the State a copy of each such subcontract upon request by the State. All subcontracts entered into by Contractor in connection with this Contract shall comply with all applicable federal and state laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of this Contract. C. Binding Effect Except as otherwise provided in §18.A., all provisions of this Contract, including the benefits and burdens, shall extend to and be binding upon the Parties' respective successors and assigns. D. Authority Each Party represents and warrants to the other that the execution and delivery of this Contract and the performance of such Party's obligations have been duly authorized. Page 25 of 36 v.4.09 4O COLORADO Financial Services Dcpartr<�.rtt d Htawn Sc�wxs Wvtsigt� of Contracts and Frocuremmt E. Captions and References The captions and headings in this Contract are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Contract to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. F. Counterparts This Contract may be executed in multiple, identical, original counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. G. Entire Understanding This Contract represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Contract. Prior or contemporaneous additions, deletions, or other changes to this Contract shall not have any force or effect whatsoever, unless embodied herein. H. Digital Signatures If any signatory signs this Contract using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Contract by reference. I. Modification Except as otherwise provided in this Contract, any modification to this Contract shall only be effective if agreed to in a formal amendment to this Contract, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Contract, other than contract amendments, shall conform to the policies issued by the Colorado State Controller. J. Statutes, Regulations, Fiscal Rules, and Other Authority. Any reference in this Contract to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Effective Date of this Contract. Page 26 of 36 v.4.09 COLORADO Financial $lIViGl9 Ocyav5ment d Human Scrvux. K. Order of Precedence In the event of a conflict or inconsistency between this Contract and any Exhibits or attachments such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: i. HIPAA Business Associate Agreement (if any). ii. Federal Provisions (if any). iii. Colorado Special Provisions in §19 of the main body of this Contract. iv. Information Technology Provisions Exhibit (if any). v. The provisions of the other sections of the main body of this Contract. vi. PII Certification (if any) viii. Any other Exhibit(s) shall take precedence in alphabetical order. L. External Terms and Conditions Notwithstanding anything to the contrary herein, the State shall not be subject to any provision included in any terms, conditions, or agreements appearing on Contractor's or a Subcontractor's website or any provision incorporated into any click -through or online agreements related to the Work unless that provision is specifically referenced in this Contract. M. Severability The invalidity or unenforceability of any provision of this Contract shall not affect the validity or enforceability of any other provision of this Contract, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under this Contract in accordance with the intent of the Contract. N. Survival of Certain Contract Terms Any provision of this Contract that imposes an obligation on a Party after termination or expiration of the Contract shall survive the termination or expiration of the Contract and shall be enforceable by the other Party. O. Taxes The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales and use taxes under §§39-26-704(1), et seq. C.R.S. Page 27 of 36 v.4.09 a (COLORADO I Flnantlat Se:vles o¢paa..mm a wu,na, 5e:wcc. (Colorado Sales Tax Exemption Identification Number 98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of whether any political subdivision of the state imposes such taxes on Contractor. Contractor shall be solely responsible for any exemptions from the collection of excise, sales or use taxes that Contractor may wish to have in place in connection with this Contract. P. Third Party Beneficiaries Except for the Parties' respective successors and assigns described in §18.A., this Contract does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement of this Contract and all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Contract are incidental to the Contract, and do not create any rights for such third parties. Q. Waiver A Party's failure or delay in exercising any right, power, or privilege under this Contract, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. R. CORA Disclosure To the extent not prohibited by federal law, this Contract and the performance measures and standards required under §24-106-107, C.R.S., if any, are subject to public release through the CORA. S. Standard and Manner of Performance Contractor shall perform its obligations under this Contract in accordance with the highest standards of care, skill and diligence in Contractor's industry, trade, or profession. T. Licenses, Permits, and Other Authorizations. Contractor shall secure, prior to the Effective Date, and maintain at all times during the term of this Contract, at its sole expense, all licenses, certifications, permits, and other authorizations required to perform its obligations under this Contract, and shall ensure that all employees, agents and Subcontractors secure and maintain at all times during the term of their employment, agency or subcontract, all licenses, certifications, permits and other authorizations required to perform their obligations in relation to this Contract. Page 28 of 36 v.4.09 *O COLORADO Financial Services Urvlstw, of C.Ut1213Ct5 3rW vrcv;uremeY,t U. Indemnification i. Applicability This entire §18.0 does not apply to Contractor if Contractor is a "public entity" within the meaning of the GIA. ii. General Indemnification Contractor shall indemnify, save, and hold harmless the State, its employees, agents and assignees (the "Indemnified Parties"), against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys' fees and related costs) incurred by any of the Indemnified Parties in relation to any act or omission by Contractor, or its employees, agents, Subcontractors, or assignees in connection with this Contract. iii. Confidential Information Indemnification Disclosure or use of State Confidential Information by Contractor in violation of §8 may be cause for legal action by third parties against Contractor, the State, or their respective agents. Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against any and all claims, damages, liabilities, losses, costs, expenses (including attorneys' fees and costs) incurred by the State in relation to any act or omission by Contractor, or its employees, agents, assigns, or Subcontractors in violation of §8. iv. Intellectual Property Indemnification Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against any and all costs, expenses, claims, damages, liabilities, and other amounts (including attorneys' fees and costs) incurred by the Indemnified Parties in relation to any claim that any Deliverable, Good or Service, software, or Work Product provided by Contractor under this Contract (collectively, "IP Deliverables"), or the use thereof, infringes a patent, copyright, trademark, trade secret, or any other intellectual property right. Contractor's obligations hereunder shall not extend to the combination of any IP Deliverables provided by Contractor with any other product, system, or method, unless the other product, system, or method is (a) provided by Contractor or Contractor's subsidiaries or affiliates; (b) specified by Contractor to work with the IP Deliverables; (c) reasonably required in order to use the IP Deliverables in its intended manner and the infringement could not have been avoided by substituting another reasonably available product, system, or method capable of performing the same function; or (d) is reasonably expected to be used in combination with the IP Deliverables. v. Accessibility a. Contractor shall comply with and the Work Product provided under this Contract shall be in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., Page 29 of 36 v.4.09 jeto COLORADO FUundalerW«s CeWim MdHwran Sc+vinc5 CM1+isan o(ConUa[ts anA Ftexurenre*+t and the Accessibility Standards for Individuals with a Disability, as established by the Governor's Office Of Information Technology (OIT), pursuant to Section §24-85-103 (2.5), C.R.S. Contractor shall also comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards. b. Contractor shall indemnify, save, and hold harmless the state, its employees, agents and assignees (collectively, the "Indemnified Parties"), against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys' fees and related costs) incurred by any of the Indemnified Parties in relation to Contractor's failure to comply with §§24-85-101, et seq., C.R.S., or the Accessibility Standards for Individuals with a Disability as established by the Office of Information Technology pursuant to Section §24-85-103 (2.5), C.R.S. c. The State may require Contractor's compliance to the State's Accessibility Standards to be determined by a third party selected by the State to attest to Contractor's Work Product and software is in compliance with §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability as established by the Office of Information Technology pursuant to Section §24-85-103 (2.5), C.R.S. V. Other i. Compliance with State and Federal Law, Regulations, & Executive Orders Contractor shall comply with all State and, if Federal funding is involved, Federal law, regulations, executive orders, State and Federal Awarding Agency policies, procedures, directives, and reporting requirements at all times during the term of this Contract. 19. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) These Special Provisions apply to all contracts except where noted in italics. A. STATUTORY APPROVAL. §24-30-202(1), C.R.S. This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), C.R.S., then this Contract shall not be valid until it has been approved by the State's Chief Information Officer or designee. B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and Page 30 of 36 v.4.09 ate COLORADO Flnancisl5ervlees pCpNh,%vM or H,.mAn Se Oi:,za, or [o„cra::tz ana vra_urer,f':., officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. PROHIBITED TERMS. Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires the State to agree to binding arbitration; limits Contractor's liability for Page 31 of 36 v.4.09 = COLORADO damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109, C.R.S. H. SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18- 201 and 24-50-507, C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall not employ any person having such known interests. J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24- 30-202.4, C.R.S. [Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The State may also recover, at the State's discretion, payments made to Contractor in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Contractor by deduction from subsequent payments under this Contract, deduction from any payment due under any other contracts, grants or agreements between the State and Contractor, or by any other appropriate method for collecting debts owed to the State. Page 32 of 36 v.4.09 COLORADO FineneLl Seivlces 20. DEPARTMENT OF HUMAN SERVICES PROVISIONS A. Exclusion, Debarment and/or Suspension Contractor represents and warrants that Contractor, its employees, agents, assigns, or Subcontractors, are not presently excluded from participation, debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or otherwise ineligible to participate in a "federal health care program" as defined in 42 U.S.C. § 1320a-7b(f) or in any other government payment program by any federal or State of Colorado department or agency. If Contractor, its employees, agents, assigns, or Subcontractors, are excluded from participation, or becomes otherwise ineligible to participate in any such program during the term of this Contract, Contractor shall notify the State in writing within three (3) days after such event. Upon the occurrence of such event, whether or not such notice is given to Contractor, the State may immediately terminate this Contract. B. Emergency Planning If Contractor provides Work that is an extension of State work performed as part of the State of Colorado Emergency Operations Plan or for a publicly funded safety net program, as defined by C.R.S. § 24-33.5-701 et seq., Contractor shall perform the Work in accordance with the State's Emergency Operations Plan or continuity of operations plan in the event of an emergency. If requested, Contractor shall provide a plan and reporting information to ensure compliance with the State's Emergency Operations Plan and C.R.S. § 24-33.5-701 et seq. C. Restrictions on Public Benefits If applicable, Contractor shall comply with C.R.S. §§ 24-76.5-101 - 103 exactly as the State is required to comply with C.R.S. §§ 24-76.5-101 - 103. D. Discrimination Contractor shall not: i. discriminate against any person on the basis of gender, race, ethnicity, religion, national origin, age, sexual orientation, gender identity, citizenship status, education, disability, socio-economic status, or any other identity. ii. exclude from participation in, or deny benefits to any qualified individual with a disability, by reason of such disability. Any person who thinks he/she has been discriminated against as related to the performance of this Contract has the right to assert a claim, Colorado Civil Rights Division, C.R.S. §24-34-301, et seq. E. Criminal Background Check Page 33 of 36 v.4.09 O COLORADO Financial Services Pursuant to C.R.S. §27-90-111 and CDHS Policy VI -2.4, any independent contractor, and its agent(s), who is designated by the Executive Director or the Executive Director's designee to be a contracting employee under C.R.S. §27-90-111, who has direct contact with vulnerable persons in a state -operated facility, or who provides state -funded services that involve direct contact with vulnerable persons in the vulnerable person's home or residence, shall: submit to and successfully pass a criminal background check, and ii. report any arrests, charges, or summonses for any disqualifying offense as specified by C.R.S. §27-90-111 to the State. Any Contractor or its agent(s), who does not comply with C.R.S. §27-90-111 and CDHS Policy VI -2.4, may, at the sole discretion of the State, be suspended or terminated. F. Fraud Policy Contractor shall comply with the current CDHS Fraud Policy. G. C-Stat - Performance Based Program Analysis and Management Strategy (C-Stat Strategy) Without any additional cost to the State, Contractor shall collect and maintain Contract performance data, as determined solely by the State. Upon request, Contractor shall provide the Contract performance data to the State. This provision does not allow the State to impose unilateral changes to performance requirements. H. COVID-19 Pandemic CDHS operates many facilities across the State and with regard to the COVID-19 Pandemic, Contractor may be subject to local or state public health orders, Department policy, individual facility policy, or any other requirement that could impose additional requirements on the Contractor. If so, Contractor shall promptly comply upon notice. 21. THIRD PARTY CERTIFICATION FOR ACCESS TO PII THROUGH A DATABASE OR AUTOMATED NETWORK Pursuant to § 24-74-105, C.R.S, if Contractor is to be granted access to Personal Identifying Information through a database or automated network that is not publicly available information, Contractor certifies, and will certify annually, under penalty of perjury that Contractor has not and will not use or disclose any Personal Identifying Information, as defined by § 24-74-102(1), C.R.S., for the purpose of investigating for, participating in, cooperating with, or assisting Federal Immigration Enforcement, including the enforcement of civil immigration laws, and the Illegal Immigration and Immigrant Responsibility Act, which is codified at 8 U.S.C. §§ 1325 and 1326, unless required to do so to comply with Federal or State law, or to comply with a court -issued subpoena, warrant or order. Page 34 of 36 v.4.09 SO COLORADO Financial Services pcpurrn�m ii M,man Sn If Contractor's agents, employees, assigns or Subcontractors require certification pursuant to § 24- 74-105, C.R.S., Contractor shall require annually that its agents, employees, assigns or Subcontractors sign and date the following certifications as applicable, which shall be made available to the State upon request: For an individual: Pursuant to § 24-74-105, C.R.S., I hereby certify under the penalty of perjury that I have not and will not use or disclose any Personal Identifying Information, as defined by § 24-74-102(1), C.R.S., for the purpose of investigating for, participating in, cooperating with, or assisting Federal Immigration Enforcement, including the enforcement of civil immigration laws, and the Illegal Immigration and Immigrant Responsibility Act, which is codified at 8 U.S.C. §f 1325 and 1326, unless required to do so to comply with Federal or State law, or to comply with a court -issued subpoena, warrant or order. For and entity/organization: Pursuant to § 24-74-105, C.R.S., I, on behalf of (legal name of entity / organization) (the "Organization'), hereby certify under the penalty of perjury that the Organization has not and will not use or disclose any Personal Identiffing Information, as defined by § 24-74- 102(1), C.R.S., for the purpose of investigating for, participating in, cooperating with, or assisting Federal Immigration Enforcement, including the enforcement of civil immigration laws, and the Illegal Immigration and Immigrant Responsibility Act, which is codified at 8 U.S.C. §f 1325 and 1326, unless required to do so to comply with Federal or State law, or to comply with a court -issued subpoena, warrant or order. I hereby represent and certify that I have full legal authority to execute this certification on behalf of the Organization. REST OF PAGE INTENTIONALLY LEFT BLANK Page 35 of 36 v.4.09 *O COLORADO I�tn�'ncW Setv!«s Cm..mM� d iilMlan Semc SAMPLE OPTION LETTER (IF APPLICABLE) State Agency Insert Department's or IHE's Full Legal Name Option Letter Number Insert the Option Number (e.g. "1" for the first option) Contractor Original Contract Number Insert Contractor's Full Legal Name, including Insert CMS number or Other Contract Number of the Original Contract "Inc.", "LLC", etc... Current Contract Maximum Amount Option Contract Number Initial Tenn Insert CMS number or Other Contract Number of this Option State Fiscal Year 20xx $0.00 Extension Terms Contract Performance Beginning Date State Fiscal Year 20xx $0.00 Month Day, Year State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 Current Contract Expiration Date State Fiscal Year 20xx $0.00 Month Day, Year Total for All State Fiscal Years $0.00 1. OPTIONS: A. Option to extend for an Extension Term B. Option to change the quantity of Goods under the Contract C. Option to change the quantity of Services under the Contract D. Option to modify Contract rates E. Option to initiate next phase of the Contract 2. REQUIRED PROVISIONS: A. For use with Option 1(A): In accordance with Section(s) Number of the Original Contract referenced above, the State hereby exercises its option for an additional term, beginning Insert start date and ending on the current contract expiration date shown above, at the rates stated in the Original Contract, as amended. B. For use with Options 1(B and C): In accordance with Section(s) Number of the Original Contract referenced above, the State hereby exercises its option to Increase/Decrease the quantity of the Goods/Services or both at the rates stated in the Original Contract, as amended. C. For use with Option 1(D): In accordance with Section(s) Number of the Original Contract referenced above, the State hereby exercises its option to modify the Contract rates specified in Exhibit/Section Number/Letter. The Contract rates attached to this Option Letter replace the rates in the Original Contract as of the Option Effective Date of this Option Letter. D. For use with Option 1€: In accordance with Section(s) Number of the Original Contract referenced above, the State hereby exercises its option to initiate Phase indicate which Phase: 2, 3, 4, etc, which shall begin on Insert start date and end on Insert ending date at the cost/price specified in Section Number. E. For use with all Options that modify the Contract Maximum Amount: The Contract Maximum Amount table on the Contract's Signature and Cover Page is hereby deleted and replaced with the Current Contract Maximum Amount table shown above. 3. Option Effective Date: The effective date of this Option Letter is upon approval of the State Controller or , whichever is later. STATE OF COLORADO INSERT -Name of Agency or IHE INSERT -Name & Title of Head of Agency or IHE SAMPLE ONLY — DO NOT SIGN By: Name & Title of Person Signing for Agency or IHE Date: SAMPLE ONLY - DO NOT SIGN In accordance with §24-30-202 C.R.S., this Option is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER SAMPLE ONLY - DO NOT SIGN Name of Agency or IHE Delegate -Please delete if contract will be routed to OSC for approval Option Effective Date: SAMPLE ONLY - DO NOT SIGN Page 36 of 36 Exhibit A TGYS Three -Year Grant Statement of Work SFY24 PURPOSE The Tony Grampsas Youth Services Program (TGYS) is a program authorized by § 26-6.8-101 through 106, C.R.S., to provide funding to community -based organizations for prevention and intervention of youth crime and violence, child abuse and neglect, youth alcohol, tobacco, and other drug use, and student dropout. Eligible TGYS Grantees include local governments, Colorado public not -for-profit schools, groups of public or secondary not -for-profit schools, school districts or groups of school districts, institutions of higher education, the Colorado National Guard, or private nonprofit or not -for-profit community -based organizations. TGYS Grantees serve children and youth ages 0-25, as well as parents, caregivers, mentors, and community members. DEFINITIONS A. TGYS: Tony Grampsas Youth Services program and the term used to refer to the State in this Exhibit A. B. TGYS Grantee: community -based organization receiving a TGYS grant and the term used to refer to the Contractor in this Exhibit A. C. Multi -agency: an eligible agency that applies for a TGYS grant as a collaborative, may apply for Tier 2, 3, or 4, and must meet ALL the following requirements: a. Has an established collaborative partnership between two or more agencies for the purpose of providing community -based services. b. Has one Lead Agency subcontracting other agencies, which are referred to as "Partner Agencies." The Lead Agency is expected to: i. Serve as the liaison to TGYS as the primary contact and coordinate and submit all required TGYS reports for Partner Agencies. ii. Manage and coordinate all TGYS fiscal procedures for Partner Agencies. iii. Conduct program monitoring with Partner Agencies to ensure alignment with the TGYS. iv. Coordinate TGYS-related evaluation processes with the Partner Agencies. v. Allocate 50% or more of the budget to the Partner Agencies. (The Lead Agency may not use more than 50% of the budget for oversight, administrative costs, and providing direct services to clients.) c. Has a Memorandum of Understanding (MOU) with each Partner Agency. D. Intermediary Agency: a grantee that promotes and supports evidence -based strategies Exhibit A: TGYS Three -Year Grant Statement of Work SFY24 Page 1 of 11 or programs within other agencies and meets ALL the following requirements: a. Interacts with local, community -based organizations as well as with state-wide or nationwide entities to effectively monitor a specific evidence -based strategy or program. b. Has the capacity (knowledge, skills, and resources) to provide a variety of services to local programs that implement the same specific evidence -based strategy or program. These services include: i. Community preparation for program implementation ii. Staff training on the evidence -based strategy or program iii. Technical assistance iv. Program monitoring v. Liaison to program developer/national office vi. Evaluation coordination vii. Financial administration through subcontracts c. Serves as the fiscal and coordinating entity (Lead Agency) with the intent of subcontracting TGYS-related services with their community providers (Partner Agencies). d. Allocates 50% or more of the budget to the Partner Agencies. (The Lead Agency may not use more than 50% of the budget for oversight, administrative costs, and providing direct services to clients.) e. Has a Memorandum of Understanding (MOU) with each Partner Agency. GRANTEE OBLIGATIONS A. TGYS Nondiscrimination Statement TGYS expects all persons who perform work on behalf of or funded by CDHS, including all employees, volunteers, and outside vendors (including subcontractors and grantees), to conduct such work in a manner consistent with this policy and applicable nondiscrimination laws. The TGYS Grantee (Grantee) shall agree to use such resources in a manner consistent with this policy and applicable nondiscrimination laws. Programs using TGYS funding shall not discriminate based on race, ethnic group, socio-economic status, national origin, religion, age, sex, sexual orientation*, gender identity or expression*, marital status*, familial status*, mental or physical disability, pregnancy, veteran status, or HIV status. B. Good Faith Negotiation Exhibit A: TGYS Three -Year Grant Statement of Work SFY24 Page 2 of 11 1. The Grantee shall negotiate in good faith with TGYS for any additional activities that may be required beyond the existing Statement of Work (SOW) activities and Grantee Work Plan in this Contract (CT) which may become necessary in the event of changes in TGYS funding or legislative initiatives that are implemented over the course of this Contract. C. Quality Control 1. The Grantee shall ensure all deliverables, documents, and calculations are complete, accurate, and easy to understand. D. Confidentiality 1. The Grantee shall maintain confidentiality in all matters related to internal policy discussions, contractual issues, price negotiations, confidential medical information, Department financial information, and advance knowledge of legislation. In addition to all other confidentiality requirements of the Contract, the Grantee shall also consider and treat any such information as confidential and shall only disclose it in accordance with the terms of the Contract. 2. In addition to the terms contained in Section 8 of the Contract, the Grantee shall protect the confidentiality of all client or participant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of this Contract, no information about or obtained from any client or participant shall be disclosed in a form identifiable with the client or participant without the prior written consent of the client or participant, or the parent or legal guardian of a minor client or participant, with the exception of information protected by Colorado statute as it applies to confidentiality for adolescent services, in which case the adolescent minor, and not the parent or legal guardian, must provide consent or as otherwise properly ordered by a court of competent jurisdiction. The Grantee shall have written policies governing access, duplication, and dissemination of all such information. The Grantee shall advise its employees, agents, and any sub -agencies or subcontractors they are subject to these confidentiality requirements. E. Mandatory Reporting The Grantee shall maintain a mandatory reporting policy, pursuant to C.R.S. 19-3-304, requiring staff and volunteers to report known or suspected child abuse and neglect to the child abuse hotline 1 -844 -CO -4 -KIDS. F. Insurance Exhibit A: TGYS Three -Year Grant Statement of Work SFY24 Page 3 of 11 The Grantee shall meet the State of Colorado insurance requirements and provide and maintain current insurance policy documentation in the TGYS database. Per Colorado Revised Statute § 24-102-206, all TGYS Grantees, including Partner Agencies, are required to disclose information about where services will be performed under this Contract. Upon TGYS award notification, the Grantee is required to upload into the TGYS database their insurance certificate with the State of Colorado or TGYS listed as a Certificate Holder. G. Background Check Requirements 1. The Grantee shall maintain a criminal background check policy for all staff working directly with children that shall minimally include, but not be limited to, completion of a criminal history background check and notifications of convictions that exclude candidates from hire. H. Program Monitoring Requirements The Grantee shall: 1. Attend the annual TGYS Grantee meeting each year of grant funding during the three-year grant cycle. 2. Submit an annual work plan for each prevention program receiving funding to be reviewed and approved by TGYS and included with this Contract. Any changes to the work plan during the fiscal year must be submitted to TGYS for review and approval prior to making any substantial changes in the Grantee's program. 3. Submit monthly invoices by the 10th of each month unless Grantee has written approval for an extension from TGYS. 4. Submit mid -year reports by January 15 of the fiscal year or the first business day after January 15. 5. Submit year-end reports by July 15 of the following fiscal year or the first business day after July 15. 6. Have a Memorandum of Understanding (MOU) with each partner agency and submit each MOU to TGYS upon award of funding. There is no maximum limit to the number of partner agencies. 7. Participate in a minimum of one 2-3 hour site visit per grant cycle with TGYS staff. When possible, the site visit will occur annually and in person. However, if circumstances prohibit an in -person site visit, a virtual site visit may suffice. During the site visit, TGYS may include: a. a review of Contract compliance, budgets, and work plan progress, b. a minimum of 30 minutes of program observation or an opportunity for TGYS to meet with participants being served by the program, Exhibit A: TGYS Three -Year Grant Statement of Work SFY24 Page 4 of 11 c. a meeting with program staff, Executive Director, and fiscal agent (Multi- and Intermediary Agencies may have multiple site visits for Partner Agencies at the discretion of TGYS staff), and/or d. a spot check on staff and volunteer background checks. Any dates in this Section or any other Section of the Statement of Work that extends beyond the Contract expiration date are for planning and informational purposes only and do not formally extend the Contract expiration date. I. Fiscal Monitoring Requirements The Grantee shall: 1. Submit invoices only for eligible uses of funding. The TGYS award CAN be used to: a. Fund programs that address factors at the individual and relationship level of the socio-ecological model b. Fund prevention and intervention programs for youth crime and violence, child abuse and neglect, youth alcohol, tobacco, and other drug (ATOD) use, and student dropout C.R.S. 26-6.8-102(b) c. Implement new direct -service programs, with programs providing direct services within six months of award, or continue, enhance, or expand existing direct -service programs d. Fund reasonable operating and administrative expenses (e.g., database or financial software, fiscal staff, etc.) that directly support TGYS funded programs e. Support program evaluation activities (budget may include 5% for evaluation or $10,000, whichever is lower, per program) f. Fund programs that provide screenings or assessments and referrals if there are post surveying measures or outcomes that can evaluate effectiveness g. Prepare communities/local grantees for program implementation and provide staff training, technical assistance, program monitoring, evaluation coordination, and direct service funding to subcontracting agencies (applies to Intermediary Agency applicants only) h. Provide reasonable administrative oversight of all collaborating partners and support grant management functions provided by a Lead Agency (applies to Multi -Agency applicants only) 2. NOT submit invoices for any ineligible uses of funding. The TGYS award CANNOT be used to: a. Fund programs that address factors at the organizational and societal level of the socio-ecological model Exhibit A: TGYS Three -Year Grant Statement of Work SFY24 Page 5 of 11 b. Support treatment programs such as residential treatment or inpatient mental health treatment c. Support childcare slots or student scholarships d. Engage in inherently religious activities including but not limited to worship, religious instruction, or proselytization as a part of the programs or services provided pursuant to this application e. Support programs or strategies thorough research has already proven ineffective or harmful f. Fund train the trainer model programs g. Fund one-time events and activities that are not in conjunction with ongoing programs h. Fund depreciation costs which are not included in indirect costs 3. Submit all requested invoice/cost reimbursement documentation for fiscal desk reviews conducted by TGYS. A fiscal desk review request will be required a minimum of one time during the three-year grant cycle and can be made for any month of the Contract period to ensure compliance with contractual terms and conditions. Additional fiscal desk reviews may be required if deemed necessary by fiscal and accounting staff. 4. Maintain any supporting documentation which may be used to substantiate invoices, since any invoice month may be subject to fiscal desk review upon TGYS request. Supporting documentation must be kept for a period of three years following the termination of the Contract. 5. Be notified in writing within 30 calendar days of discovery of a compliance issue. Within 45 calendar days of discovery, the Grantee and TGYS shall collaborate, when appropriate, to determine the action necessary to rectify the compliance issue and determine when the action(s) must be completed. The action and timeline for completion shall be documented in writing. If extenuating circumstances arise that require an extension to the timeline, the Grantee must email a request to the TGYS Contracts & Fiscal Specialist to receive approval for an extension. If the Grantee fails to meet expectations of the agreed upon compliance resolution plan, including any agreed upon modifications of such a plan, TGYS may exercise its rights under the Remedies section of the General Provisions of this Contract. J. Evaluation Requirements Exhibit A: TGYS Three -Year Grant Statement of Work SFY24 Page 6of11 The Grantee shall participate in the TGYS program evaluation, which includes both an outcome evaluation and an implementation evaluation, conducted by the TGYS contracted evaluator, University of Denver, Butler Institute for Families or other contract evaluator as designated by the State (Evaluator), each year of the grant cycle. Participation includes: 1. Collecting and submitting data for the outcome evaluation to Evaluator by the due date provided by Evaluator. Any extensions to this due date must be approved in writing by Evaluator or TGYS. The percentage of participants who meet post-test goal levels on outcome measures may serve as an additional marker of success for Grantees and may be used for annual evaluation purposes. 2. Collecting and submitting data for the implementation evaluation to Evaluator by the due date provided by Evaluator. Any extensions to this due date must be approved in writing by Evaluator. 3. Attending (in person or virtually) evaluation training and technical assistance provided by Evaluator. K. Training and Technical Assistance (T/TA) 1. The Grantee shall attend all required TGYS T/TA opportunities. These T/TA opportunities may include: a. Positive Youth Development (PYD) b. Strengthening Families c. Equity, Diversity, and Inclusion (EDI) d. Implementation Science 2. Additional optional T/TA may also become available during the three-year grant cycle in which the Grantee will have an option to attend. L. Communication The Grantee shall: 1. Respond to all voicemails and emails from TGYS and Evaluator within two business days of receipt by the Grantee. Unless Grantee has a current "out -of -office" voicemail message or email auto -response with an alternative contact provided, the date of receipt is the business day during which the email or voicemail message was sent. 2. Update any staff contact information changes in the TGYS Salesforce database and inform TGYS of key program staff changes in a timely manner. M. Travel Reimbursement Exhibit A: TGYS Three -Year Grant Statement of Work SFY24 Page 7of11 The Grantee shall be reimbursed for travel in accordance with the State of Colorado Mileage Reimbursement Rate per CRS 24-9-104 found here: https://www.colorado.gov/pacific/osc/mileage-reimbursement-rate. Invoices shall state the number of miles traveled and provide any additional information necessary to verify the mileage was calculated pursuant to this policy. N. Meeting Requirements The Grantee shall: 1. Coordinate with TGYS to attend meetings as described in this section in the format directed by TGYS and containing the information requested by TGYS. 2. Ensure personnel assigned to the grant, including the Executive Director or other head of agency, are available for meetings with TGYS during TGYS's normal business hours (8:00 am — 5:00 PM M -F). When necessary, the Grantee shall also make these personnel available outside of normal business hours and on weekends with prior notice from TGYS. 3. Be available for all regularly scheduled meetings between the Grantee and TGYS, unless TGYS has granted prior, written approval otherwise. 4. Ensure personnel attending all meetings between TGYS and the Grantee have the authority to represent and commit the Grantee regarding work planning, problem resolution, and program development. 5. Coordinate with TGYS to make personnel available to attend meetings as subject matter experts with stakeholders both within the State government and with external or private stakeholders, when appropriate and reasonable. O. Time Limit for Acceptance of Deliverables Upon receipt of timely written notice of an objection to a completed deliverable, the Grantee shall have a reasonable period of time, not to exceed ten calendar days, to correct the noted failure or deficiencies. Deliverables include, but are not limited to, monthly invoices, mid -year reports, end -year reports, work plan modifications, budget modifications, implementation evaluations, and outcome evaluations. P. Invoicing and Payment Procedures To receive compensation under this Contract, the Grantee shall: 1. Submit monthly approved, electronic invoices through the TGYS database. Grantees may be allowed to submit quarterly invoices with written approval by TGYS. The invoice, whether monthly or quarterly, must be submitted within 60 calendar days of the end of the billing period for which services were rendered. Invoices received later than 60 calendar days from the end of the billing period may not be paid. Exhibit A: TGYS Three -Year Grant Statement of Work SFY24 Page 8 of 11 2. Submit a final invoice within 30 calendar days from the effective expiration or termination date of this Contract unless additional time is approved by TGYS. Final invoices will be paid upon TGYS receiving the Grantee's year-end report and required evaluation. 3. NOT use state funds to satisfy federal cost sharing and matching requirements unless approved in writing by TGYS. 4. Submit invoices only for actual costs incurred during the invoicing period. Q. Grantee Requests for Changes to Work Plan or Budget The Grantee shall: 1. Submit all work plan modifications via email to the TGYS Program Specialist for approval at least 60 days prior to the end of the Contract period. TGYS must approve all modifications to the Grantee's work plan and may require a modification to the Contract. 2. Submit all budget modifications via email at least 30 days prior to the end of the Contract period. Any request for modifications to the budget which are greater than 10% of the budget or an addition of line items not previously approved require TGYS's approval, shall be made by TGYS and may require a modification to the Contract. R. New Programs, New Sites for Programs, and Partner Agency Changes 1. For Grantees implementing new programs, the Grantee shall have six months from the date the grant is awarded to commence the program and/or have subcontracts or Memorandums of Understanding (MOU's), when warranted, in place. 2. For Grantees who lose their program locations/sites, lose their MOU's, or must stop their program(s) for any reason during the Contract period, the Grantee shall notify TGYS of the change within 30 days and shall have 90 days from the date of the termination to secure a new location/site, establish a new MOU, and/or have the program(s) operating. 3. For Grantees who lose a Partner Agency for any reason during the Contract period, the Grantee shall notify TGYS of the change within 30 days and work with TGYS staff to adjust their budget and determine next steps for continuing program operations. S. Additional Funding Exhibit A: TGYS Three -Year Grant Statement of Work SFY24 Page 9 of 11 1. In the event TGYS has additional funding available for allocation to a pooled General Administrative Expenditure (GAE), payment to Grantee shall be made from available funds encumbered and shared across multiple grantees. The State may increase or decrease the total funds encumbered at its sole discretion and without formal notice to Grantee. No minimum payment is guaranteed to Grantee. The liability of the State for such payments is limited to the encumbered amount remaining of such funds. 2. In the event TGYS has additional funding available for allocation, the Grantee shall: a. Request funding via the process set forth by TGYS staff b. Abide by all requirements set forth by TGYS staff for any additional funding c. Submit invoices and any other additional work in a timely manner as set forth by TGYS staff. TGYS OBLIGATIONS A. Program Monitoring Requirements 1. TGYS shall conduct programmatic performance monitoring through review of documentation reflective of performance, including mid -year and year-end reports, TGYS Evaluator reports, information gathered during site visits, timeliness of communication, and other documentation as applicable and report performance findings to the TGYS Board. The TGYS Board has the authority to modify, reduce, or terminate funding or modify the terms of the grant based on any of these performance findings. B. Time Limit for Acceptance of Deliverables 1. TGYS shall have thirty (30) calendar days from the date a deliverable is delivered to TGYS by the Grantee to review that deliverable, except for those deliverables that have a different time negotiated by TGYS and the Grantee. 2. If TGYS believes in good faith that a deliverable fails to meet the specifications and/or requirements for that particular deliverable, or is otherwise deficient, TGYS shall notify the Grantee of the failure or its deficiencies in writing, within 30 calendar days of a) the date the deliverable is delivered to TGYS by the Grantee if TGYS is aware of the failure or deficiency at the time of delivery or b) the date TGYS becomes aware of the failure or deficiency. The above time frame shall apply to all deliverables except those deliverables that have a different time negotiated by TGYS and the Grantee in writing pursuant to the State's Fiscal Rules. C. Compensation 1. TGYS shall compensate Grantees through a cost -based reimbursement Contract. Exhibit A: TGYS Three -Year Grant Statement of Work SFY24 Page 10of11 2 TGYS shall reimburse Contract expenditures in accordance with the SOW, work plan, and budget attached to the Contract All other expenditures shall not be reimbursed without prior written consent of TGYS All expenditures must be reasonable and necessary for the performance of this Contract and must comply with the State of Colorado fiscal guidelines and rules D New Programs, New Sites for Programs, and Partner Agency Changes 1 TGYS shall notify Grantees of approval of any requested changes to programs, program sites, or Partner Agencies or provide any concerns or questions to the Grantee in writinglwithin 20 days of receipt of Grantee's request and proposed changes 2 TGYS shall notify the TGYS Board of noncompliance if any of the above requirements found in this Statement of Work (SOW), Section H 3-5 is not met within the timeframes specified At that time, the TGYS Board shall have the authority to reduce or terminate funding or modify the terms of the grant and this Contract E Additional or Reduced Funding In the event TGYS has additional funding available for allocation to a pooled GAE, TGYS shall 1 Make funding available to Grantees through a General Administrative Expenditure (GAE) pool of funds 2 Set forth the process (Google Form or other similar process) with which Grantees may request GAE funds 3 Provide Grantees with the requirements for use of funds, invoicing and reporting, and deadlines for use and invoicing of funds Payment to Grantee shall be made from available funds encumbered and shared across multiple grantees TGYS may decrease the total funds encumbered at its sole discretion No minimum payment is guaranteed to Grantee The liability of TGYS for such payments is limited to the encumbered amount remaining of such funds Exhibit A TGYS Three -Year Grant Statement of Work SFY24 Page 11 of 11 5/10/23, 11:41 AM BG-0001004 - Salesforce - Performance Edition salesf orce BG-0001004 Exhibit B -Budget • Close Window • Print This Page • Expand All I Collapse All Budget Name Program Agency Legal Name DBA Fiscal Year Budget Contact Personnel Services Total Personnel Services Match/In-Kind Supplies & Operating BG-0001004 Weld County Department of Human Services' Wraparound Program (WCDHS Wraparound) County of Weld Weld County Department of Human Services 2024 maurertk@weld.gov S0.01 Total Supplies & $0.00 Operating Match/In-Ki Travel Contractual (payments to third parties or entities) Indirect Total Indirect Match/In- Kind Totals Total TGYS Annual Request Total Program Cost Total Agency Budget TGYS Request Program Budget, if Awarded TGYS Request Agency Budget, if Awarded Created By Budget Line Items BLI-0011065 $0.00 $450,000.00 $450.000.01 100% 100% Nancy Chittick. 12/9/2022. 3 35 PM Budget Period 07-01-2023 to 06-30-2024 Status Approved Total Personnel Services 5420.932.40 TGYS Request Total Supplies & $10,678.80 Operating TGYS Request Total Indirect TGYS $0.00 Request Total Match/In-Kinds $0.00 Total Transferred This Fiscal Year Remaining TGYS Request 50.00 $450.000.00 Last Modified By Nicole Banks. 5/10/2023, 11:41 AM Record Type Expenditure Contractual Position Title Item Consultation for Medicaid Credentialing Total TGYS Request $5,000.00 Remaining TGYS Request $5,000.00 BLI-0011060 Record Type Expenditure Personnel Service Position Title Wraparound Facilitator 1 Item Total TGYS Request $78,267.29 Remaining TGYS Request $78,267.29 BLI-0011061 https://socgov10.my.salesforce.com/a014p00000KiN3cAAF/p 1/3 5/10/23, 11 41 AM BG-0001004 - Salesforce - Performance Edition Record Type Expenditure Personnel Service Position Title Wraparound Facilitator 2 Item Total TGYS Request $75,998 00 Remaining TGYS Request' $75,998 00 BLI-0011062 Record Type Expenditure Person. Service Position Title Wraparound Facilitator 3 Item Total TGYS Request $76,772 90 Remaining TGYS Request $76,772 90 BLI-0011063 Record Type Expenditure Personnel Service Position Title Wraparound Facilitator 4 Item' Total TGYS Request $80,039 81 Remaining TGYS Request, $80,039 81 BLI-0011064 Record Type Expenditure Personnel Service Position Title Wraparound Supervisor Item Total TGYS Request $109,854 40 Remaining TGYS Request $109,854 40 BLI-0011067 Record Type Expenditure Supplies & Operating Position Title Item Telephones Total TGYS Request $4,678 80 Remaining TGYS Request $4,678 80 BLI-0011068 Record Type Expenditure Supplies & Operating Position Title Item Supplies & Marketing Material Total TGYS Request $1,000 00 Remaining TGYS Request $1,000 00 BLI-0011069 Record Type Expenditure Supplies & Operating Position Title Item Functional Assessment Systems Total TGYS Request $5,000 00 Remaining TGYS Request $5,000 00 BLI-0011070 Record Type Expenditure Travel Mileage Position Title Item Mileage compensation Total TGYS Request, $13,388 80 Remaining TGYS Request $13,388 80 TOTAL Budget for SFY24 for County of Weld ($450,000.00 COLORADO Office of Children, Youth & Families Department of Human Services Minna Castillo -Cohen, Director Tony Grampsas Youth Services Program Exhibit C - Work Plan Agency Name: County of Weld Program Name: Weld County Department of Human Services' Wraparound Program (WCDHS Wraparound) Provide a short description of your program (2-3 sentences to be used for TGYS website and social media): WCDHS Wraparound engages families who have a child or youth with mental/behavioral health needs who is involved with more than one 'system'. Wraparound develops a team of individuals who are committed to supporting the child/youth Et their family. Facilitators lead the development of a family centered, strengths -based and culturally relevant individualized plan. Teams meet frequently to check -in and hold participants accountable for agreed upon action steps. Together the team monitors and updates the plan to ensure it addresses child/youth and family needs as well as any system requirements (including court orders). Facilitators ensure the child/youth and their family develop skills to advocate for themselves, navigate systems, plan for the future, and access relevant supports and services. Complete the chart identifying the total numbers of unduplicated participants projected to be served.* Children (0-8) Youth (9-18) Young Adults (19-24) Parents/ Guardians Mentors (Mentoring Grantees Only) Community Members Other White M 8 " `' M 3 56 8 3 0 0 19 0 3 Black M M 2 M 1 All F F 2 - 1 0 0 1 0 1 Hispanic M M 15 M 3 ,all F 15 _ F 3 1575 Sherman Street, 2nd Floor, Denver, CO 80203 P 303-866-5932 F 303-866-5563 www.colorado.gov/cdhs Jared Polls, Governor I Michelle Barnes, Executive Director Tony Grampsas Youth Services Program SFY24 -- Work Plan e2of7 0 0 51 0 islander/Native Asian/Pacific Hawaiian M M M AR All AU F F F 0 0 0 Alaska American/ Native Native M 1 M M All AU F 1 F F 0 0 0 Middle North Eastern/ African M M M All All F F F 0 0 0 Two or More Races M M 2 M 1 F 2 F 1 0 1 0 1 *If included in "Hispanic," do not include in any other race category County Name: #s to be served: Adams Alamosa Arapahoe Archuleta Baca Bent Boulder Broomfield Chaffee Cheyenne Clear Creek Conejos Castilla Crowley Custer Delta Denver Dolores Douglas Eagle El Paso Elbert Fremont Garfield Gilpin Grand Gunnison Hinsdale Huertano Jackson Jefferson Kiowa Kit arson 03-8 d Poll County Name: La Plata #s to be served: Lake Larimer Las Animas Lincoln Logan Mesa Mineral Moffat Montezuma Montrose Morgan Otero Ouray Park Phillips Pitkin Prowers Pueblo Rio Blanco Rio Grande Routt Saguache San Juan San Miguel Sedgwick Summit Teller Washington Weld Yuma Southern Ute TOTAL Tony Grampsas Youth Services Program SFY24 - Work Nan Page 3 of 7 Performance Requirements/Outcomes: TGYS SHARED GOALS: Goal Activity to Goal Reach Expected Outcomes (Deliverables) Outputs Et Explain will support how the these shared activities goal. Increase There are four (4) WCDHS Wraparound A natural outcome of connections to phases in the anticipates serving 60 developing the SNCD at the caring adults. Wraparound families per year. forefront of the process is that process: The Each Wraparound the information collected is Engagement team has the ?mined? for opportunities to Phase, The potential to serve enhance or build connections Planning The Phase, children/youth large, complex, from multi- to caring process. adults as Wraparound part of the The Implementation household & multi- Facilitator works with the Phase, and the generational families. family to bring caring adults Phase. Based on the number onto the Wraparound team. Transition Activities that of children in a This can involve outreaching increase a household for the potential caring adults with or child's/youth's average Child Welfare for the family Et supporting connection caring adults to are case WCDHS in Weld anticipates County, them repaired as relationships Et trust Et cohesion are is present in all four increasing the built with the new Et (4) phases. connections of 3 established caring adults on Activities: ? Create children/youth per the team. As the child/youth a Needs, Strengths, and case, caring by adults, at least for 2 a Et CFT the caring follow adults through on on their their Culture Discovery total of 180 action steps Et progress (SNCD) with the children/youth with towards desired outcomes is child/youth caregivers. and o 360 new connections or increased to caring it has a impact positive, on that made, reverberating Identify potential adults per year. This child's/youths connection to natural supports data will be captured the caring adults in their lives. and caring adults by the assigned Wraparound depends on in SNCD. ? Build Wraparound connections to natural the Child Et Family Facilitator at the supports/caring adults to Team (CFT) and beginning Et end of ensure continued success a include natural the Wraparound sustained positive outcomes supports/caring process. At the for the child/youth Et family adults. o Work beginning of the after they are no longer with through steps natural supports/caring adults. the to family necessary engage ? Wraparound they the adult child possible, number identify connections has, Et attempt of if process, lit caring record a to working Wraparound. with WCDHS �p Tony Grampsas Youth Services Program SFY24 - Work Plan Pa 4 of 7 Incorporate natural supports/caring adults Wraparound Crisis Plans, Transition The Wraparound into Prevention and Plans. Plan, scale that scale These quality connections be identified, the the connection, from numbers closure of quality the 1 Et to adult will recorded of 10. Et of on also the the a measured, at Facilitator responsible complete, and of throughout lifetime involvement each their ensure strong connections. modify activities of is and to monitor each the their with to and Wraparound tracked Wraparound Supervisor. by the process Et these child family healthy Increase There are 4 phases WCDHS Wraparound Through the creation of the connections to in the Wraparound anticipates serving 60 SNCD, the Wraparound positive peer process: The families per year. Facilitator Et the family will relationships, social and supports. social networks, Engagement Phase, Phase, Planning Et Each team potential children/youth large, Wraparound has complex, the to serve from multi- identify interests increase relationships, St social potential supports. Et positive opportunities social strengths, peer With networks, these to Implementation Phase, Transition Et activities Phase, that household generational Et multi- families. identified, can be pursued the opportunities in the increase a Based on the number Wraparound Plan that is child's/youth's connection to of household children in a for the developed. the Wraparound As the CFT Facilitator is built, positive peer average Child Welfare will work with the family to relationships, social networks, Et case WCDHS in Weld anticipates County, identify representatives positive from peers, social social supports are increasing the networks, Et social supports to present in all of connections of 3 incorporate into the CFT. them. Activities: children/youth per Their participation in the CFT ?Create a SNCD case by at least 1 will reinforce the connection with the positive peer they have to the child/youth. child/youth Et relationship, 1 social If there are barriers to the caregivers. o network, Et 1 social child/youth having positive Identify potential support, for a total of peer connections, accessing strengths, interests Et 180 with children/youth 180 new or social social networks, supports, or accessing the team will opportunities to increased connections brainstorm Et strategize how increase positive to positive peers, 180 to address the barriers Et peer relationships, new or increased implement the plans via the social networks, Et connections to social Wraparound Plan, Crisis social supports. networks, Et 180 new Prevention Plan, or Transition ?Build include the CFT positive Et or increased connections to social Plan, so progress to increasing Tony Grampsas Youth Services Program SFY24 - Work Plan Page 5 of 7 peers, social supports per year. At Ft maintaining these supports, Et the start of the connections can be made. representatives from social Wraparound Facilitators record process, the networks. o Work number of positive with the family peers, social through necessary networks, Et social steps to access Et supports a reinforce positive child/youth has, Et peer social relationships, networks, Et attempt quality of to that scale the social supports. o connection on a scale Identify Et problem from 1 to 10 with the solve barriers to child/youth. This data positive peer will also be captured relationships, social networks, Et at Wraparound the end of process the Et social supports tracked by the with the Wraparound CFT. Incorporate into accessing maintaining positive relationships, social social networks, supports Wraparound peer Et Er Supervisor. Plan, Crisis Prevention Plans, Et Plans. Transition PREVENTION SPECIFIC GOALS: Goal Activity to Reach Goal Expected (Deliverables) Outcomes Outputs Ft Explain support how these the shared activities goal. will Increase Wraparound WCDHS anticipates Every aspect of the Wraparound The identificati Facilitator works with increasing the process supports the revealing of on of the family to address identification of needs, prioritizing the needs while family needs and crisis needs stabilization early in the needs Et increasing by at least 2 emphasizing Et pairing the family family voice thoughtfully Et choice, connection s to quickly process and Et thoroughly as connections appropriate to with services, appropriate Et supports. treatment, the Through appropriat as possible. This services by at least process of engaging families Et e services. often involves 2 for 60 families writing the SNCD, the Wraparound connection to per year. Estimated Facilitator, family Et the CFT learn Et appropriate services. totals are 60 understand the culture of the family SNCD is mined? families served, 120 so the resulting Wraparound plan The for needs prioritized that by the are newly needs, identified El 120 with competent associated a one services that the is culturally youth Et , family Et are used to connections to family will buy into Et follow. Needs Tony Grampsas Youth Services Program SFY24 Work Plan PaQe 6 of 7 connect them to appropriate are ?mined? from the SNCD, Et these appropriate services. services per year. inform the needs that are addressed This process Data will be by the Wraparound plan, Et which continues when the collected Et interventions are most appropriate CFTMs occur, Et the analyzed using to connect to the need. The SNCD Et Wraparound Plan is Excel. Data the Wraparound Plan are living? built. Through the regarding needs will documents Et are updated regularly Wraparound Plan, the be gathered during as goals are met, growth is family is paired with the intake process achieved, Et needs evolve. The ideal interventions, Et by using the Wraparound Facilitators role is treatments, services, CANS. New needs ensuring that assigned tasks Et Et supports to meet will be identified activities are met between monthly their unique needs. from mining? the CFTMs and supports initial Et ongoing These are associated SNCD Et these needs connection of the family to with action steps far a associated appropriate services. CFT The services will be members. Wraparound recorded. Service Facilitator tracks the connections will be action steps assigned identified in to CFT members a Wraparound Plans, outcomes, to ensure documented, Et prioritized needs are tracked. As the addressed. The Wraparound Plan Wraparound evolves Et the CFT Facilitator is moves through the responsible problem Wraparound solve barriers to process, identified accessing services needs Et their during CFTMs. associated services Wraparound plans Et supports will incorporate new change Et data services, supports, or resulting from these treatment if current changes will be interventions paired documented. This with the need are a information will be poor fit, insufficient, collected again, or not effective. when the Wraparound case closes Et final numbers for these outcomes will be tracked by the Wraparound Supervisor. Increase The following WCDHS Wraparound The Wraparound process models Et family and activities will anticipates serving teaches social Et emotional skills to child social increase family and 60 families per be practiced and demonstrated by and child social and year. Each children, youth Et families. emotional emotional skills: ? Wraparound team Wraparound promotes transparency, skills. Family voice and has the potential to which builds trust, cohesion, Et choice will be serve respect among the CFT. The careful solicited, highlighted, children/youth attention to honoring voice Et and referred to in the from large, choice, identifying Et using Wraparound decision complex, multi- strengths, acknowledging change, making, planning and household Et multi- growth, Et successes, and Tony Grampsas Youth Services Program SFY24 - Work Plan Page 7 of 7 implementation process. ? The Wraparound Facilitator will encourage and reinforce a spirit of collaboration among the family, and the CFT. ? The Wraparound process, the Wraparound and Crisis Prevention Plans, and the CFTM?s will be culturally competent. ? The Wraparound process and associated plans and interventions will be individualized, and strengths based. ? The goals and strategies of the Wraparound Plan will be outcomes based. ? The CFT will strictly abide by group agreements regarding the CFTM and decision making. The Wraparound process will honor the values of nothing about me, without me?, ?people don't fail, plans fail?, ?do for, do with, cheer on?, and ?celebrate successes?. generational families. Based on the number of children in a household for the average Child Welfare case in Weld County, WCDHS anticipates increasing the social Et emotional skills of 60 families by at least 2 prosocial skills such as improved communication, improved distress tolerance, improved advocacy skills, Et improved conflict resolution skills. Estimated totals are 60 families served with 120 increased social Et emotional skills. Family functioning data will be gathered during the intake process using the CANS. Midway through the process Et at closure, the CANS will be done again to assess family functioning. Additionally, an Assets Inventory will be ?mined? for evidence of increased social Et emotional skills. This data will be collected by the Wraparound Facilitator Et tracked by the Wraparound Supervisor in Excel. compromising to collaborate is emulated by the family as the Wraparound process progresses. Persistence, because people don't fail, plans fail, is modeled in Wraparound Et after formal Wraparound is complete, families use this social Et emotional skill to address problems, meet needs, Et navigate tough situations. Wraparounds prioritizing of families? voice Et choice Et maximizing on their culture Et strengths, are social Et emotional skills that are emulated by participating families. Finally, greater treatment Et service efficacy due to the Wraparound process, results in better social Et emotional outcomes. 1575 Sherman Street, 2nd Floor, Denver, CO 80203 P 303-866-5932 F 303-866-5563 www.colorado.gov/cdhs Jared Polls, Governor Michelle Barnes, Executive Director Contract Form New Contract Request Entity Infor Entity Name* Entity ID COLORADO DEPARTMENT OF HUMAN @00003650 SERVICES Contract Name* COLORADO DEPARTMENT OF HUMAN SERVICES (CONTRACT FOR THE TONY GRAMPSAS YOUTH SERVICES (TGYS) PROGRAM) Contract Status CTB REVIEW ❑ New Entity? Contract ID 7127 Contract Lead* COBEXX LK Contract Lead Email cobbxxlk@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* NEW CONTRACT (24 IHFA 183066) - FOR THE TONY GRAMPSAS YOUTH SERVICES (TGYS) PROGRAM. NOTIFIED OF GRANT AWARD ON MAY 3, 2023, FOR THE FUNDING OF THE HIGH-FIDELITY WRAPAROUND. CONTRACT AMOUNT:. $450,000.00 TERM DATE 711;23 TO 6'30;+24. Contract Description 2 PA ROUTING THROUGH NORMAL APPROVAL PROCESS. ETA TO CTB 6;'22,+23. CONTRACT TO BE ROUTED/SIGNED VIA DOCUSIGN. Contract Type* CONTRACT Amount* $450,000.00 Renewable* NO Automatic Renewal Grant IGA Department HUMAN SERVICES Department Email CM- HumanServices@weldgov.co Department Head Email CM-HumanServices- DeptHeadwveldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WELDG OV.COM Requested BOCC Agenda Date* 06,28,E2023 Due Date 06 /24,,'2023 Will a work session with BOCC be requirr NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a NSA enter NASA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in Ongase Contract Dates Effective Date Termination Notice Period Contact Inform Contact Info Contact Name Purchasing Purchasing Approver Approval Process, Department Head JAMIE ULRICH OH Approved Date 06,23/2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 06'28'2023 Originator COBBXXLK Contact Type Review Date* 04,30,2024 Committed Delivery Date Contact Email Finance Approver CHERYL PATTELLI Renewal Date Expiration Date* 06,28;2024 Contact Phone 1 Purchasing Approved Date Finance Approved Date 06,26/2023 Tyler Ref AG 062 82 3 Legal Counsel BYRON HOWELL Contact Phone 2 Legal Counsel Approved Date 06;126s2023 Hello